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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Veterans' Resiliency Act''.
SEC. 2. PILOT PROGRAM FOR REPAYMENT OF EDUCATIONAL LOANS FOR CERTAIN
PSYCHIATRISTS OF VETERANS HEALTH ADMINISTRATION.
(a) Establishment.--The Secretary of Veterans Affairs shall carry
out a pilot program to repay a loan of an individual described in
subsection (b) that--
(1) was used by the individual to finance education
regarding psychiatric medicine, including education leading to
an undergraduate degree and education leading to the degree of
doctor of medicine or of doctor of osteopathy; and
(2) was obtained from a governmental entity, private
financial institution, school, or other authorized entity, as
determined by the Secretary.
(b) Eligible Individuals.--To be eligible to obtain a loan
repayment under this section, an individual shall--
(1) either--
(A) be licensed or eligible for licensure to
practice psychiatric medicine in the Veterans Health
Administration of the Department of Veterans Affairs;
or
(B) be enrolled in the final year of a residency
program leading to a specialty qualification in
psychiatric medicine that is approved by the
Accreditation Council for Graduate Medical Education;
and
(2) as determined appropriate by the Secretary, demonstrate
a commitment to a long-term career as a psychiatrist in the
Veterans Health Administration, including by requiring a set
number of years of obligated service.
(c) Selection.--The Secretary shall select not less than 10
individuals described in subsection (b) to participate in the pilot
program for each year in which the Secretary carries out the pilot
program.
(d) Loan Repayments.--
(1) Amounts.--Subject to the limits established by
paragraph (2), a loan repayment under this section may consist
of payment of the principal, interest, and related expenses of
a loan obtained by an individual described in subsection (b)
for all educational expenses (including tuition, fees, books,
and laboratory expenses) relating to a degree described in
subsection (a)(1).
(2) Limit.--For each year of obligated service that an
individual agrees to serve in an agreement described in
subsection (b)(2), the Secretary may pay not more than $60,000
on behalf of the individual.
(e) Breach.--
(1) Liability.--An individual who participates in the pilot
program under subsection (a) who fails to satisfy the
commitment described in subsection (b)(2) shall be liable to
the United States, in lieu of any service obligation arising
from such participation, for the amount which has been paid or
is payable to or on behalf of the individual under the program,
reduced by the proportion that the number of days served for
completion of the service obligation bears to the total number
of days in the period of obligated service of the individual.
(2) Repayment period.--Any amount of damages which the
United States is entitled to recover under this subsection
shall be paid to the United States within the one-year period
beginning on the date of the breach of the agreement.
(f) Prohibition on Simultaneous Eligibility.--An individual who is
participating in any other program of the Federal Government that
repays the educational loans of the individual may not participate in
the pilot program under subsection (a).
(g) Report.--Not later than 90 days after the date on which the
pilot program terminates under subsection (g), the Secretary shall
submit to the Committees on Veterans' Affairs of the House of
Representatives and the Senate a report on the pilot program. The
report shall include the overall effect of the pilot program on the
psychiatric workforce shortage of the Veterans Health Administration,
the long-term stability of such workforce, and overall workforce
strategies of the Veterans Health Administration that seek to promote
the physical and mental resiliency of all veterans.
(h) Regulations.--The Secretary shall prescribe regulations to
carry out this section, including standards for qualified loans and
authorized payees and other terms and conditions for the making of loan
repayments.
(i) Termination.--The authority to carry out the pilot program
shall expire on the date that is three years after the date on which
the Secretary commences the pilot program.
SEC. 3. COMPTROLLER GENERAL STUDY ON PAY DISPARITIES OF PSYCHIATRISTS
OF VETERANS HEALTH ADMINISTRATION.
(a) Study.--Not later than one year after the date of the enactment
of this Act, the Comptroller General of the United States shall conduct
a study of pay disparities among psychiatrists of the Veterans Health
Administration of the Department of Veterans Affairs. The study shall
include--
(1) an examination of laws, regulations, practices, and
policies, including salary flexibilities, that contribute to
such disparities; and
(2) recommendations with respect to legislative or
regulatory actions to improve equity in pay among such
psychiatrists.
(b) Report.--Not later than one year after the date on which the
Comptroller General completes the study under subsection (a), the
Comptroller General shall submit to the Committees on Veterans' Affairs
of the House of Representatives and the Senate a report containing the
results of the study. | Ensuring Veterans' Resiliency Act - Directs the Secretary of Veterans Affairs to carry out a three-year pilot program to repay loans used to finance education regarding psychiatric medicine that are obtained from a governmental entity, private financial institution, school, or other authorized entity. Requires an individual, to be eligible to obtain such a loan repayment, to: (1) be either licensed (or eligible for licensure) to practice psychiatric medicine in the Veterans Health Administration (VHA) of the Department of Veterans Affairs (VA) or enrolled in the final year of a residency program leading to a specialty qualification in psychiatric medicine that is approved by the Accreditation Council for Graduate Medical Education; and (2) demonstrate a commitment to a long-term career as a psychiatrist in the VHA, including through a period of obligated service. Directs the Secretary to select at least 10 individuals to participate in each year of the program. Allows a loan repayment to consist of payment of the principal, interest, and related expenses of such a loan. Prohibits the Secretary from paying more than $60,000 on behalf of the individual for each year of obligated service the individual agrees to serve. Makes an individual who participates in the pilot program who fails to satisfy the service commitment liable for prorated loan repayment. Prohibits an individual who is participating in any other federal program that repays his or her educational loans from participating in the program under this Act. Directs the Comptroller General (GAO) to conduct a study of pay disparities among VHA psychiatrists. | Ensuring Veterans' Resiliency Act |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``National
Collegiate Athletics Accountability Act'', or the ``NCAA Act''.
(b) Findings.--The Congress finds as follows:
(1) Nationwide, institutions of higher education receive
approximately $150,000,000,000 to $200,000,000,000 in funding
under title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.) annually, including approximately $20,000,000,000
to $30,000,000,000 in Federal Pell Grants;
(2) In fiscal year 2014, institutions of higher education
are projected to receive approximately $140,000,000,000 in
Federal student aid under title IV of such Act, which accounts
for 77 percent of all funding received by these institutions
from the Federal Government.
(3) Funding under title IV of such Act is used to provide
grants, loans, and work-study funds from the Federal Government
to eligible students enrolled in institution of higher
education, including career schools.
(4) Many institutions of higher education participate in
voluntary, nonprofit athletic associations and athletic
conferences, with the largest such association having over
1,000 member institutions of higher education with more than
430,000 students participating in athletics, and providing
approximately $523,000,000 in revenue sharing to such members.
(5) Athletic programs at institutions of higher education
are some of the largest revenue generators for such
institutions nationwide, accounting for approximately
$6,100,000,000 in revenue from ticket sales, radio and
television receipts, alumni contributions, guarantees,
royalties, and association distributions.
(6) The Committee on a Sports Medicine of the American
Academy of Pediatrics published a classification of sports
based on the likelihood of contact, impact, or injury, and
determined that--
(A) boxing, field hockey, football, ice hockey,
lacrosse, martial arts, rodeo, soccer, and wrestling
are contact/collision sports; and
(B) baseball, basketball, bicycling, diving, high
jump, pole vault, gymnastics, horseback riding, ice
skating, roller skating, cross-country skiing, downhill
skiing, water skiing, softball, squash, handball, and
volleyball are limited-contact/impact sports.
SEC. 2. PROGRAM PARTICIPATION AGREEMENTS.
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)) is amended by adding at the end the following:
``(30) In the case of an institution that has an
intercollegiate athletic program, the institution will not be a
member of a nonprofit athletic association unless such
association--
``(A) requires annual baseline concussion testing
of each student athlete on the active roster of each
team participating in a contact/collision sport or a
limited-contact/impact sport (based on the most recent
classification of sports published by the Committee on
Sports Medicine of the American Academy of Pediatrics)
before such student athlete may participate in any
contact drills or activities;
``(B) prior to enforcing any remedy for an alleged
infraction or violation of the policies of such
association--
``(i) provides institutions and student
athletes with the opportunity for a formal
administrative hearing, not less than one
appeal, and any other due process procedure the
Secretary determines by regulation to be
necessary; and
``(ii) hold in abeyance any such remedy
until all appeals have been exhausted or until
the deadline to appeal has passed, whichever is
sooner;
``(C) with respect to institutions attended by
students receiving athletically related student aid (as
defined in section 485(e)), requires any such
athletically related student aid provided to student
athletes who play a contact/collision sport (based on
the most recent classification of sports published by
the Committee on Sports Medicine of the American
Academy of Pediatrics) to be--
``(i) guaranteed for the duration of the
student athlete's attendance at the
institution, up to 4 years; and
``(ii) irrevocable for reasons related to
athletic skill or injury of the student
athlete; and
``(D) does not have in place a policy that
prohibits institutions from paying stipends to student
athletes.''.
SEC. 3. APPLICATION OF TITLE IX OF THE EDUCATION AMENDMENTS OF 1972.
Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et
seq.) shall not apply with respect to any activity carried out by an
institution of higher education (as defined in section 102 of the
Higher Education Act of 1965 (20 U.S.C. 1002)) to comply with a
nonprofit athletic association membership requirement that is described
in paragraph (30)(C) of section 487(a) of such Act of 1965 (20 U.S.C.
1092(a)), as amended by section 2 of this Act. | National Collegiate Athletics Accountability Act or the NCAA Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require schools that have an intercollegiate athletic program and are participating in title IV programs to abstain from membership in a nonprofit athletic association unless the association: requires annual baseline concussion testing of student athletes on the active roster of teams participating in contact/collision or limited-contact/impact sports before they participate in any contact drills or activities; holds remedies for violations of its policies in abeyance until the schools and student athletes subject to those remedies have been afforded certain due process procedures; requires athletically-related student aid provided to student athletes who play contact/collision sports to be guaranteed for the duration of their attendance at the school, up to four years, and irrevocable for reasons related to skill or injury; and does not prevent schools from paying stipends to student athletes. Makes title IX of the Education Amendments of 1972 inapplicable to any activity carried out by an institution of higher education to guarantee the continuance of student aid for student athletes in compliance with such membership requirements. (Title IX prohibits discrimination on the basis of sex or visual impairment under any education program that receives federal funds.) | NCAA Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nurse Loan Forgiveness Act of
2006''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) According to 2005 statistics from the American Hospital
Association, 118,000 nurses are needed to fill vacancies at our
nation's hospitals, and more than 75 percent of all hospital
personnel vacancies are for nurses.
(2) According to a study by the Department of Health and
Human Services in 2002, the United States will experience a 29
percent shortage in the number of nurses needed in the United
States health care system by the year 2020, which translates
into a shortage of more than 400,000 registered nurses
nationwide.
(3) Research indicates that there is a great need for
health care services, especially hospitals and prescription
drugs, but there continues to be a 28 percent decrease in
national licensure examination for all entry-level registered
nurses.
(4) The Department of Labor projects a 29 percent increase
in the need for nurses nationwide from 2004 to 2014, compared
with a 13 percent increase for all other occupations.
(5) The General Accounting Office estimates that 40 percent
of all registered nurses will be older than age 50 by the year
2010.
(6) Of those registered nurses in 2004, an estimated 16
percent have chosen to not practice in the field.
SEC. 3. LOAN FORGIVENESS PROGRAM ESTABLISHED.
Part B of title IV of the Higher Education Act of 1965 is amended
by inserting after section 428K (20 U.S.C. 1078-11) the following new
section:
``SEC. 428L. LOAN FORGIVENESS FOR NURSES.
``(a) Purposes.--The purposes of this section are--
``(1) to encourage individuals to enter and continue in the
nursing profession; and
``(2) to reward such individuals for their service in the
nursing profession by reducing the burden of student debt.
``(b) Loan Forgiveness.--
``(1) Loan forgiveness authorized.--The Secretary is
authorized to forgive, in accordance with this section, the
student loan debt of an eligible borrower in the amount
specified in subsection (d) for each of the first 5 complete
years of service described in subsection (c)(1) by such
eligible borrower that occur after the date of enactment of
this section.
``(2) Method of loan forgiveness.--To provide the loan
forgiveness authorized in paragraph (1), the Secretary is
authorized to carry out a program--
``(A) through the holder of the loan, to assume the
obligation to repay a qualified loan amount for a loan
made under this part; and
``(B) to cancel a qualified loan amount for a loan
made under part D of this title.
``(3) Limitation on consolidation loans.--A loan amount for
a loan made under section 428C may be a qualified loan amount
for the purposes of this section only to the extent that such
loan amount was used to repay a Federal Direct Stafford Loan, a
Federal Direct Unsubsidized Stafford Loan, or a loan made under
section 428 or 428H for an eligible borrower, as determined in
accordance with regulations prescribed by the Secretary.
``(c) Eligible Borrower.--The Secretary is authorized to provide
loan forgiveness under this section to any individual who--
``(1) has been employed for at least one calendar year as a
full-time registered nurse in a health care facility or a
health care setting approved by the Secretary of Health and
Human Services for the purposes of this section; and
``(2) is not in default on a loan for which the borrower
seeks forgiveness.
``(d) Loan Forgiveness Amounts.--The Secretary may, from funds
appropriated under subsection (j), forgive the loan obligation of an
eligible borrower in accordance with subsection (b)(2) and in the
following increments:
``(1) After the first calendar year of employment described
in subsection (c)(1), not more than $2,000.
``(2) After the second such year of employment, not more
than $2,500.
``(3) After the third such year of employment, not more
than $3,000.
``(4) After the fourth such year of employment, not more
than $4,500.
``(5) After the fifth such year of employment, not more
than $5,000.
``(e) Application for Loan Forgiveness.--An eligible borrower
desiring loan forgiveness under this section shall submit a complete
and accurate application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.
``(f) Priority.--The Secretary shall grant loan forgiveness under
this section on a first-come, first-served basis, and subject to the
availability of appropriations.
``(g) Regulations.--The Secretary is authorized to prescribe such
regulations as may be necessary to carry out the provisions of this
section.
``(h) Construction.--Nothing in this section shall be construed to
authorize the refunding of any repayment of any loan.
``(i) Prevention of Double Benefits.--No borrower may, for the same
service, receive a benefit under both this section and subtitle D of
title I of the National and Community Service Act of 1990 (42 U.S.C.
12571 et seq.).
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2007 and each of the 5 succeeding fiscal years.''. | Nurse Loan Forgiveness Act of 2006 - Amends the Higher Education Act of 1965 (HEA) to include, under HEA student loan forgiveness and cancellation programs, nurses who serve at least one calendar year in an approved health care facility or setting.
Limits the maximum amount of such loan repayment by the Secretary of Education to not more than $2,000 after the first year of such a nurse's employment, with incremental increases after the second through fourth years, up to $5,000 after the fifth year of such employment. | To amend the Higher Education Act of 1965 to establish a student loan forgiveness program for nurses. |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Chinook Nation
Restoration Act''.
(b) Findings.--Congress finds the following:
(1) The Chinook Nation made a significant contribution to
the historic journey of Meriwether Lewis and William Clark to
the Pacific Ocean by greeting the expedition and their company
as well as trading with them throughout the winter of 1805-
1806.
(2) The United States subsequently recognized the Chinook
Nation as an Indian tribe in the Anson Dart (Tansy Point)
Treaty of 1851, and the Isaac Stevens (Chehalis River) Treaty
of 1855, but neither treaty was ratified, resulting in serious
harm to the Chinook people.
(3) As a result of the failure of the United States to
protect the Chinook Nation and people, the Chinooks lost their
historic lands on the Columbia River, and a great number of
them succumbed to poverty and disease in the 19th century.
(4) It was the intent of Congress in the Act of March 4,
1911 (36 Stat. 1345), to provide restitution to the Chinook
people in the form of allotments of land on existing Indian
reservations, which the Supreme Court of the United States
upheld in Halbert v. United States (283 U.S. 753 (1931)).
(5) Congress named four of the five tribes of the Chinook
Nation, the Lower Chinook, Wahkiakum, Cathlamet, and Clatsop,
in the Western Oregon Termination Act of 1954, and this Act is
the only basis for termination of the Federal relationship with
the Tribe.
(6) The Chinook Nation has remained active on the Lower
Columbia River and Willapa Bay in the vicinity of the
reservation area of the Tansy Point Treaty and is well-known to
neighboring tribes and other communities.
(7) The Chinook people have survived and maintained their
language, Chinookwawa, and culture despite decades of neglect
by the United States.
(8) With different Administrations disagreeing about the
legal status of the Chinook Nation, it is time for Congress to
restore the Chinook Nation to Federal tribal status.
SEC. 2. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Member.--The term ``member'' means an enrolled member
of the Chinook Nation as of the date of enactment of this Act,
or an individual who has been placed on the membership role in
accordance with this Act.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribe.--The term ``Tribe'' means the Chinook Indian
Nation, composed of the Lower Chinook, Wahkiakum, Cathlamet,
Clatsop, and Willapa Tribes.
(4) State.--The term ``State'' means the State of
Washington.
(5) State territorial waters.--The term ``State territorial
waters'' means all waters within the territorial limits of the
State of Washington.
SEC. 3. FEDERAL RECOGNITION.
Federal recognition is hereby extended to the Chinook Indian
Nation. Except as otherwise provided in this Act, all laws and
regulations of the United States of general application to Indians, and
nations, tribes, or bands of Indians, including the Act of June 18,
1934 (25 U.S.C. 461 et seq.), that are not inconsistent with any
specific provision of this Act shall be applicable to the Tribe and its
members.
SEC. 4. FEDERAL SERVICES AND BENEFITS.
(a) In General.--The Tribe and its members shall be eligible, on
and after the date of the enactment of this Act, for all services and
benefits provided by the Federal Government to federally recognized
tribes without regard to the existence of a reservation for the Tribe
or the location of the residence of any member on or near any Indian
reservation.
(b) Service Area.--For purposes of the delivery of Federal services
to enrolled members of the Tribe, the Tribe's service area shall
consist of Pacific, Wahkiakum, Cowlitz, and Clark Counties, Washington,
and Clatsop and Columbia Counties, Oregon.
(c) Civil Jurisdiction.--Upon approval of the constitution and
bylaws pursuant to section 6 of this Act, the Nation shall exercise
jurisdiction over all its members who reside within the service area
located in the State in matters pursuant to the Indian Child Welfare
Act of 1978 (25 U.S.C. 1901 et seq.) as if the members were residing
upon a reservation as defined in that Act.
SEC. 5. MEMBERSHIP.
Not later than 9 months after the date of the enactment of this
Act, the Tribe shall submit to the Secretary a membership roll
consisting of all individuals enrolled in the Tribe.
SEC. 6. CONSTITUTION AND GOVERNING BODY.
(a) Constitution.--
(1) Adoption.--Not later than 1 year after the date of the
enactment of this Act, the Tribe shall conduct, by secret
ballot, an election to adopt a constitution and bylaws for the
Tribe.
(2) Interim governing documents.--Until such time as a new
constitution is adopted under this section, the governing
documents in effect on the date of the enactment of the Act
shall be the interim governing documents for the Tribe most
recently submitted to the Department of the Interior.
(b) Officials.--Not later than 6 months after the Tribe adopts a
constitution and bylaws pursuant to this section, the Tribe shall elect
a governing body in accordance with the procedures set forth in its
constitution and bylaws. Until such time as a new governing body is
elected, the governing body of the Tribe shall be the governing body
selected under the election procedures specified in the interim
governing documents of the Tribe.
SEC. 7. LAND IN TRUST.
(a) Requirement To Take Land in Trust.--If the Tribe transfers all
right, title, and interest in and to any land to the Secretary, the
Secretary shall take such land in trust for the benefit of the Tribe,
subject to subsection (c). This subsection does not limit the authority
of the Secretary to take land in trust under the Indian Reorganization
Act.
(b) Plan for Establishment of Reservation.--
(1) In general.--The Secretary shall--
(A) negotiate with the tribal governing body with
respect to establishing a reservation for the Tribe;
and
(B) not later than two years after the date of
enactment of this Act, develop a plan for establishment
of a reservation.
(2) Consultation with state and local officials required.--
To assure that legitimate State and local interests are not
prejudiced by the proposed establishment of the reservation,
the Secretary shall notify and consult with all appropriate
officials of the State and all owners of land adjacent to lands
considered for the proposed reservation in developing any plan
under this subsection. The Secretary shall provide complete
information on the proposed plan to such officials, including
the restrictions imposed by subsection (c). During any
consultation by the Secretary under this subsection, the
Secretary shall provide such information as the Secretary
possesses and request comments and additional information on
the following subjects:
(A) The size and location of the proposed
reservation.
(B) The anticipated effect of the establishment of
the proposed reservation on State and local
expenditures and tax revenues.
(C) The extent of any State or local service to the
Tribe, the reservation, or members after the
establishment of the proposed reservation.
(D) The extent of Federal services to be provided
in the future to the Tribe, the reservation, or
members.
(E) The extent of service to be provided in the
future by the Tribe to members resident on or off the
reservation.
(3) Restrictions on plan.--A plan developed pursuant to
this subsection shall be in accordance with subsection (c).
(4) Submission of plan.--
(A) Submission to congress.--Upon the approval by
the tribal governing body of the plan developed
pursuant to this subsection (and after consultation
with interested parties pursuant to paragraph (2)), the
Secretary shall submit the plan to the Clerk of the
House of Representatives and the Secretary of the
Senate for distribution to the committees of the
respective Houses of Congress with jurisdiction over
the subject matter.
(B) Appendix to plan.--The Secretary shall append
to the plan submitted to Congress under this subsection
a detailed statement--
(i) describing the manner in which the
Secretary notified all interested parties in
accordance with this subsection;
(ii) naming each individual and official
consulted in accordance with this subsection;
(iii) summarizing the testimony received by
the Secretary pursuant to any such
consultation; and
(iv) including any written comments or
reports submitted to the Secretary by any party
named pursuant to clause (ii).
(c) Restrictions on Land Taken in Trust.--
(1) Any real property transferred by the Tribe or any
member to the Secretary shall be taken and held in the name of
the United States for the benefit of the Tribe.
(2) The Secretary shall not accept any real property in
trust for the benefit of the Tribe that is not located within
the political boundaries of Pacific, Wahkiakum, or Cowlitz
County, Washington.
(3) Any privately owned lands acquired by the Tribe or its
members to be taken in trust by the Secretary for the benefit
of the Tribe shall be acquired on a willing-seller, willing-
buyer basis.
(4) No eminent domain authority may be exercised for the
purposes of acquiring lands for the benefit of the Tribe.
SEC. 8. FISHING, HUNTING, AND TRAPPING RIGHTS NOT RESTORED.
(a) In General.--No nonceremonial fishing, hunting, or trapping
rights of any nature of the Tribe or of any member of the Tribe,
including any indirect or procedural right or advantage over
individuals who are not members, are granted or restored under this
Act. Ceremonial hunting and fishing rights (not to include whaling)
shall be allowed in the area in which the Tribe has historically hunted
or fished, in Pacific and Wahkiakum Counties, Washington.
(b) Ceremonial Hunting and Fishing.--
(1) Defined.--Ceremonial hunting and fishing includes
traditional occasions on which the tribe has traditionally
fished, including--
(A) the First Salmon ceremony, which takes place
annually on the third Friday of June;
(B) the Winter Gathering, which takes place
annually on the third Saturday of January; and
(C) the funerals of certain tribal members, to be
determined in the Tribe's constitution.
(2) Time period.--Ceremonial hunting and fishing may take
place for up to 3 calendar days during the week preceding the
ceremonies referred to in paragraph (1).
(c) Permits.--The director of the Washington Department of Fish and
Wildlife--
(1) may issue permits to members of the Chinook Nation to
take fish for ceremonial purposes;
(2) shall establish the areas in which the permits are
valid; and
(3) shall regulate the times for and manner of taking the
fish, and the allocations from which they will be taken.
(d) Rules and Regulations.--To assure that ceremonial fishing is
consistent with the Tribe's historic customs and traditions, any member
of the Tribe who wishes to take part in ceremonial fishing, must do so
pursuant to--
(1) any rules or regulations put forth by the Washington
Department of Fish and Wildlife with respect to Indian
ceremonial fishing; and
(2) any rules or regulations put forth by the Washington
Department of Fish and Wildlife, or by the Washington
Administrative Code, with regard to the commercial and
recreational allocations.
(e) Allocation.--Fish taken for ceremonial purposes will be drawn
from the commercial and recreational allocations as designated by the
Washington Department of Fish and Wildlife.
(f) No Commercial Rights.--Nothing in this section shall be
construed to create a right to fish commercially.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act,
$2,000,000 for fiscal year 2010, $3,000,000 for fiscal year 2011, and
$4,000,000 for fiscal year 2012. | Chinook Nation Restoration Act - Extends federal recognition to the Chinook Indian Nation. Makes the Chinook Tribe and its members eligible for all services and benefits provided by the government to federally recognized tribes regardless of the existence of a reservation or the location of residence of any member on or near any Indian reservation. Designates specified counties in Washington and Oregon as the Tribe's service area for delivery of federal services to enrolled members.
Requires the Tribe to: (1) submit to the Secretary of the Interior a membership roll; and (2) conduct, by secret ballot, an election to adopt a constitution and bylaws. Directs the Secretary: (1) if the Tribe transfers all rights to land to the Secretary, to take such land in trust for the Tribe's benefit, subject to restrictions; (2) to negotiate with the tribal governing body regarding establishing a reservation; and (3) to develop a plan for doing so.
Requires the Secretary to: (1) notify and consult with all appropriate state officials and owners of land adjacent to those considered for the proposed reservation; and (2) provide complete information on the proposed plan to such officials. Requires submission of the plan to Congress upon approval by the tribal governing body.
Requires any real property transferred by the Tribe or any member to the Secretary to be held in the name of the United States for the Tribe's benefit. Prohibits the exercise of eminent domain for purposes of acquiring lands for the Tribe's benefit.
Allows and regulates ceremonial hunting and fishing in specified Washington counties. | To restore Federal recognition to the Chinook Nation, and for other purposes. |
SECTION 1. PROHIBITION ON ACCRUAL OF PAY AND ALLOWANCES BY MEMBERS OF
THE ARMED FORCES WHO ARE CONFINED PENDING DISHONORABLE
DISCHARGE.
(a) Revision of Prohibition.--
(1) In general.--Section 804 of title 37, United States
Code, is amended to read as follows:
``Sec. 804. Prohibition on accrual of pay and allowances during
confinement pending dishonorable discharge
``(a) Pay and Allowances Not To Accrue.--A member of the Armed
Forces sentenced by a court-martial to a dishonorable discharge is not
entitled to pay and allowances for any period during which the member
is in confinement after the adjournment of the court-martial that
adjudged the sentence.
``(b) Restoration of Entitlement.--If a sentence of a member of the
Armed Forces to dishonorable discharge is disapproved, mitigated,
changed, or set aside by an official authorized to do so, the
prohibition in subsection (a) shall cease to apply to the member on the
basis of that sentence. In such cases, the member shall be entitled to
receive the pay and allowances retroactive to the date of the
sentence.''.
(2) Clerical amendment.--The item relating to section 804
in the table of sections at the beginning of chapter 15 of
title 37, United States Code, is amended to read as follows:
``804. Prohibition on accrual of pay and allowances during confinement
pending dishonorable discharge.''.
(b) Prospective Applicability.--The amendment made by subsection
(a)(1) shall not apply to pay periods beginning before the date of
enactment of this Act.
SEC. 2. CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES BY
PERSONS ACCOMPANYING THE ARMED FORCES.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 211 the following new chapter:
``CHAPTER 212--CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES
``Sec.
``3261. Criminal offenses committed by persons formerly serving with,
or presently employed by or accompanying,
the Armed Forces outside the United States.
``3262. Delivery to authorities of foreign countries.
``3263. Regulations.
``3264. Definitions for chapter.
``Sec. 3261. Criminal offenses committed by persons formerly serving
with, or presently employed by or accompanying, the Armed
Forces outside the United States
``(a) In General.--Whoever, while serving with, employed by, or
accompanying the Armed Forces outside of the United States, engages in
conduct that would constitute an offense punishable by imprisonment for
more than 1 year if the conduct had been engaged in within the special
maritime and territorial jurisdiction of the United States, shall be
guilty of a like offense and subject to a like punishment.
``(b) Concurrent Jurisdiction.--Nothing contained in this chapter
deprives courts-martial, military commissions, provost courts, or other
military tribunals of concurrent jurisdiction with respect to offenders
or offenses that by statute or by the law of war may be tried by
courts-martial, military commissions, provost courts, or other military
tribunals.
``(c) Action by Foreign Government.--No prosecution may be
commenced under this section if a foreign government, in accordance
with jurisdiction recognized by the United States, has prosecuted or is
prosecuting such person for the conduct constituting such offense,
except upon the approval of the Attorney General of the United States
or the Deputy Attorney General of the United States (or a person acting
in either such capacity), which function of approval shall not be
delegated.
``(d) Arrests.--
``(1) Law enforcement personnel.--The Secretary of Defense
may designate and authorize any person serving in a law
enforcement position in the Department of Defense to arrest
outside of the United States any person described in subsection
(a) if there is probable cause to believe that such person
engaged in conduct which constitutes a criminal offense under
subsection (a).
``(2) Release to civilian law enforcement.--A person
arrested under paragraph (1) shall be released to the custody
of civilian law enforcement authorities of the United States
for removal to the United States for judicial proceedings in
relation to conduct referred to in such paragraph unless--
``(A) such person is delivered to authorities of a
foreign country under section 3262; or
``(B) such person has had charges brought against
him or her under chapter 47 of title 10 for such
conduct.
``Sec. 3262. Delivery to authorities of foreign countries
``(a) In General.--Any person designated and authorized under
section 3261(d) may deliver a person described in section 3261(a) to
the appropriate authorities of a foreign country in which the person is
alleged to have engaged in conduct described in subsection (a) if--
``(1) the appropriate authorities of that country request
the delivery of the person to such country for trial for such
conduct as an offense under the laws of that country; and
``(2) the delivery of such person to that country is
authorized by a treaty or other international agreement to
which the United States is a party.
``(b) Determination by the Secretary.--The Secretary of Defense
shall determine which officials of a foreign country constitute
appropriate authorities for purposes of this section.
``Sec. 3263. Regulations
``The Secretary of Defense shall issue regulations governing the
apprehension, detention, and removal of persons under this chapter.
Such regulations shall be uniform throughout the Department of Defense.
``Sec. 3264. Definitions for chapter
``As used in this chapter--
``(1) the term `Armed Forces' has the same meaning as in
section 101(a)(4) of title 10;
``(2) a person is `employed by the Armed Forces outside of
the United States' if the person--
``(A) is employed as a civilian employee of the
Department of Defense, as a Department of Defense
contractor, or as an employee of a Department of
Defense contractor;
``(B) is present or residing outside of the United
States in connection with such employment; and
``(C) is not a national of the host nation; and
``(3) a person is `accompanying the Armed Forces outside of
the United States' if the person--
``(A) is a dependent of a member of the armed
forces;
``(B) is a dependent of a civilian employee of the
Department of Defense; and
``(C) is residing with the member or civilian
employee outside of the United States.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
part II of title 18, United States Code, is amended by inserting after
the item relating to chapter 211 the following:
``212. Criminal Offenses Committed Outside the United States 3261''.
SEC. 3. MILITARY JUSTICE ACTIONS.
(a) Definition.--For purposes of this section, the term
``Director'' means the Director of the Federal Bureau of Investigation.
(b) Records of Military Justice Actions.--At the time that a member
of the Armed Forces is discharged from a period of service in the Armed
Forces or is released from a period of active duty service in the Armed
Forces, the Secretary of the military department having jurisdiction of
the armed force of the member shall transmit to the Director a copy of
records of any penal actions taken against the member under chapter 47
of title 10, United States Code (the Uniform Code of Military Justice),
during that period.
(c) DNA Analysis.--
(1) Samples required.--Any person who is convicted of a
crime of a sexual nature under the Uniform Code of Military
Justice shall, prior to military discharge, transmit to the
Secretary of the military department having jurisdiction of the
armed force of the member, a sample of blood, saliva, or other
specimen collected from that person necessary to conduct DNA
analysis consistent with established procedures for DNA testing
by the Director.
(2) Transmission to fbi.--Each sample transmitted under
paragraph (1) shall be transmitted by the Secretary described
in that paragraph in a timely manner to the Director for
inclusion in the Combined DNA Identification System (CODIS) of
the Federal Bureau of Investigation. | Revises Federal law regarding pay and allowances of the uniformed services to provide that a member of the U.S. armed forces sentenced by a court-martial to a dishonorable discharge is not entitled to pay and allowances for any period of confinement after the adjournment of the court-martial. Specifies that if such sentence is disapproved, mitigated, changed, or set aside by an authorized official, such prohibition shall cease to apply to the member on the basis of that sentence, and the member shall be entitled to receive pay and allowances retroactive to the date of the sentence.
Amends the Federal criminal code to provide that whoever, while serving with, employed by, or accompanying the armed forces outside of the United States, engages in conduct that would constitute an offense punishable by imprisonment for more than one year if such conduct had occurred within the special maritime and territorial jurisdiction of the United States, shall be guilty of a like offense and subject to a like punishment. Sets forth provisions regarding concurrent jurisdiction, action by foreign governments, and arrests. Authorizes the delivery to authorities of foreign countries of persons alleged to have engaged in such conduct under specified circumstances.
Directs the Secretary of the military department having jurisdiction of the armed force of a member, at the time such member is discharged or released, to transmit to the Director of the Federal Bureau of Investigation (FBI) a copy of records of any penal actions taken against the member under the Uniform Code of Military Justice.
Requires: (1) any person convicted of a crime of a sexual nature under the Code, prior to military discharge, to transmit to such Secretary a sample of blood, saliva, or other specimen collected from that person necessary to conduct DNA analysis; and (2) each sample to be transmitted in a timely manner to the Director for inclusion in the FBI's Combined DNA Identification System. | A bill to amend title 18, United States Code, to set forth the civil jurisdiction of the United States for crimes committed by persons accompanying the Armed Forces outside of the United States, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Discriminatory State Taxes for
Automobile Renters Act of 2009''.
SEC. 2. PURPOSE.
The purpose of this Act is to prohibit prospectively, and provide a
remedy for tax discrimination by a State or Locality against the rental
of motor vehicles.
SEC. 3. DEFINITIONS.
(a) Assessment and Assessment Jurisdiction.--The term
``assessment'' means valuation for a property tax levied by a taxing
district. The term ``assessment jurisdiction'' means a geographical
area in a State or Locality used in determining the assessed value of
property for ad valorem taxation.
(b) Commercial and Industrial Property.--The term ``commercial and
industrial property'' means property, other than motor vehicle rental
property and land used primarily for agricultural purposes or timber
growing, devoted to a commercial or industrial use, and subject to a
property tax levy.
(c) Discriminatory Tax.--The term ``discriminatory tax'' includes
the following:
(1) A tax discriminates against the rental of motor
vehicles if a State or Locality imposes the tax on, or with
respect to--
(A) the rental of motor vehicles but not on, or
with respect to, the rental of more than 51 percent of
the rentals of other tangible personal property rented
within the State or Locality, or
(B) the rental of motor vehicles at a tax rate that
exceeds the tax rate generally applicable to at least
51 percent of the rentals of other tangible personal
property within the same State or Locality.
(2) A tax discriminates against the business of renting
motor vehicles if a State or Locality imposes the tax on, or
with respect to--
(A) the business of renting motor vehicles but not
on, or with respect to, the business of more than 51
percent of the other commercial and industrial
taxpayers within the State or Locality, on the same tax
base as the State or Locality employs with respect to
the business of renting motor vehicles, or
(B) the business of renting motor vehicles, at a
tax rate that exceeds the tax rate generally applicable
to the business of more than 51 percent of the other
commercial and industrial taxpayers within the State or
Local jurisdiction.
(3) A tax discriminates against motor vehicle rental
property if a State or Locality--
(A) assesses motor vehicle rental property at a
value that has a higher ratio to the true market value
of the property than the ratio that the assessed value
of other commercial and industrial property of the same
type in the same assessment jurisdiction has to the
true market value of the other commercial and
industrial property,
(B) levies or collects a tax on an assessment that
may not be made under subparagraph (A), or
(C) levies or collects an ad valorem property tax
on motor vehicle rental property at a tax rate that
exceeds the tax rate applicable to commercial and
industrial property in the same assessment
jurisdiction.
(d) Local or Locality.--The terms ``Local'' and ``Locality'' mean a
political subdivision of any State, or any governmental entity or
person acting on behalf of such Locality, and with the authority to
impose, levy or collect taxes.
(e) Motor Vehicle.--The term ``motor vehicle'' has the same meaning
as in section 13102(16) of title 49 of the United States Code.
(f) Other Commercial and Industrial Taxpayers.--The term ``other
commercial and industrial taxpayers'' means persons or entities who are
engaged in trade or business within a State or Locality and who are
subject to some form of taxation by a State or Locality.
(g) Rental of Motor Vehicles.--The term ``rental of motor
vehicles'' means the rental of a motor vehicle that is given by the
owner of the motor vehicle for exclusive use to another for not longer
than 180 days for valuable consideration and only includes the rental
of motor vehicles with a pre-arranged driver or motor vehicles without
a driver, but shall not include taxi cab service as defined by section
13102(20) of title 49 of the United States Code.
(h) State.--The term ``State'' means any of the several States, the
District of Columbia or any territory or possession of the United
States, or any governmental entity or person acting on behalf of such
State, and with the authority to impose, levy or collect taxes.
(i) Tax.--Except as otherwise specifically provided below, the term
``tax'' means any type of charge required by statute, regulation or
agreement to be paid or furnished to a State or Locality, regardless of
whether such charge is denominated as a tax, a fee, or any other type
of exaction. The term ``tax'' does not include any charge imposed by a
State or Locality with respect to a concession agreement at a federally
assisted airport (provided the agreement does not violate the revenue
diversion provisions of section 40116(d) of title 49 of the United
States Code, or the registration, licensing, or inspection of motor
vehicles, if the charge is imposed generally with respect to motor
vehicles, without regard to whether such vehicles are used in the
business of renting motor vehicles within the State or Locality.
(j) Tax Base.--The term ``tax base'' means the receipts, income,
value, weight, or other measure of a tax to which the rate is applied.
The ``tax base'' of a tax imposed on a per unit basis is the unit.
(k) Tax Rate Generally Applicable to Other Commercial and
Industrial Taxpayers.--The term ``tax rate generally applicable to
other commercial and industrial taxpayers'' means the lower of--
(1) the tax rate imposed on the greatest number of other
commercial and industrial taxpayers or their customers, or
(2) the unweighted average rate at which the tax is
imposed.
SEC. 4. PROHIBITED ACTS.
No State or Locality may levy or collect a discriminatory tax on
the rental of motor vehicles, the business of renting motor vehicles,
or motor vehicle rental property.
SEC. 5. REMEDIES.
(a) Jurisdiction.--Notwithstanding any provision of section 1341 of
title 28, United States Code, or the constitution or laws of any State,
the district courts of the United States shall have jurisdiction,
without regard to amount in controversy or citizenship of the parties,
to grant such mandatory or prohibitive injunctive relief, interim
equitable relief, and declaratory judgments as may be necessary to
prevent, restrain or terminate any acts in violation of this Act,
except that such jurisdiction shall not be exclusive of the
jurisdiction which any Federal or State court may have in the absence
of this section.
(b) Burden of Proof.--The burden of proof in any proceeding brought
under this Act shall be upon the party seeking relief and shall be by a
preponderance of the evidence on all issues of fact.
(c) Relief.--In granting relief against a tax which is imposed in
violation of section 4, the court shall strike the tax in its entirety,
unless the court finds the tax--
(1) is the equivalent of a specific tax imposed on at least
51 percent of other commercial and industrial taxpayers, and
(2) is not discriminatory in effect. If such tax is
discriminatory in effect with respect to tax rate or amount
only, the court shall strike only the discriminatory or
excessive portion of the tax as determined by the court.
Notwithstanding subsection (b) of this section, the burden of
proof on the issue of whether a tax is the equivalent of a tax
imposed on other commercial and industrial taxpayers shall be
on the State or Locality that imposes the tax.
(d) Cause of Action.--
(1) An action to enforce the provisions of this Act may be
brought only by a person who--
(A) rents motor vehicles to another person,
(B) is engaged in the business of renting motor
vehicles,
(C) owns motor vehicle rental property, or
(D) rents a motor vehicle from another person.
(2) A person who rents a motor vehicle from another person
and is seeking relief under this Act may only bring a cause of
action against the State or Locality imposing the
discriminatory tax as defined by this Act.
SEC. 6. LIMITATIONS.
This Act shall not be construed to constitute the consent of
Congress to State or Local taxation that would be prohibited in the
absence of this Act.
SEC. 7. EFFECTIVE DATE.
(a) Effective Date.--The provisions of this Act shall become
effective on December 2, 2009.
(b) Exclusion.--Discriminatory taxes as defined by this Act are not
prohibited under this Act if--
(1) State or Local legislative authorization for a
discriminatory tax that is in effect as of December 2, 2009,
does not lapse, the tax rate does not increase and the tax base
for such tax does not change; or
(2) a State enacts legislation by December 2, 2009;
(A) that specifically authorizes a Locality to
impose a discriminatory tax;
(B) the Locality imposes the authorized tax within
five years from the date the State enacted the
authorization for the Local tax; and
(C) the tax rate imposed by the Locality is not
increased and the tax base for such tax does not
change. | End Discriminatory State Taxes for Automobile Renters Act of 2009 - Prohibits states or local governments from levying or collecting a discriminatory tax (generally, a tax or tax assessment that is applicable to the rental of motor vehicles or motor vehicle businesses or property, but not to the majority of other rentals of tangible personal property within a state or locality) on the rental of motor vehicles, motor vehicle rental businesses, or motor vehicle rental property. | To protect consumers from discriminatory State taxes on motor vehicle rentals. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crackdown on Deadbeat Dealers Act of
2003''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) a small number of licensed firearms dealers account for
a large proportion of the firearms traced from crimes;
(2) in 1998, 1.2 percent of licensed firearms dealers--
1,020 of the approximately 83,200 licensed retail firearms
dealers and pawnbrokers--accounted for over 57 percent of the
crime guns traced to licensed firearms dealers; and
(3) in 1998, just over 450 licensed firearms dealers had
traced to them 10 or more guns that were used in crimes within
3 years after they sold the guns.
SEC. 3. INCREASING THE NUMBER OF ALLOWED COMPLIANCE INSPECTIONS OF
FIREARMS DEALERS.
Section 923(g)(1)(B)(ii)(I) of title 18, United States Code, is
amended by striking ``once'' and inserting ``3 times''.
SEC. 4. INCREASING PENALTIES ON FIREARMS LICENSEES.
Section 924(a)(3) of title 18, United States Code is amended by
striking ``one year'' and inserting ``5 years''.
SEC. 5. SERIOUS RECORDKEEPING OFFENSES THAT AID GUN TRAFFICKING.
Section 924(a)(3) of title 18, United States Code, is amended by
striking the period and inserting ``; but if the violation is in
relation to an offense under subsection (a)(6) or (d) of section 922,
shall be fined under this title, imprisoned not more than 10 years, or
both.''.
SEC. 6. SUSPENSION OF FIREARMS DEALER'S LICENSE AND CIVIL PENALTIES FOR
VIOLATIONS OF THE GUN CONTROL ACT.
Subsections (e) and (f) of section 923 of title 18, United States
Code, are amended to read as follows:
``(e) The Attorney General may, after notice and opportunity for
hearing, suspend or revoke any license issued under this section, or
may subject the licensee to a civil penalty of not more than $10,000
per violation, if the holder of the license has willfully violated any
provision of this chapter or any rule or regulation prescribed by the
Attorney General under this chapter or fails to have secure gun storage
or safety devices available at any place in which firearms are sold
under the license to persons who are not licensees (except that in any
case in which a secure gun storage or safety device is temporarily
unavailable because of theft, casualty loss, consumer sales, backorders
from a manufacturer, or any other similar reason beyond the control of
the licensee, the dealer shall not be considered to be in violation of
the requirement to make available such a device). The Attorney General
may, after notice and opportunity for hearing, suspend or revoke the
license of, or assess a civil penalty of not more than $10,000 on, a
dealer who willfully transfers armor piercing ammunition. The Attorney
General may at any time compromise, mitigate, or remit the liability
with respect to any willful violation of this chapter or any rule or
regulation prescribed by the Attorney General under this chapter. The
Attorney General's actions under this subsection may be reviewed only
as provided in subsection (f).
``(f)(1) Any person whose application for a license is denied and
any holder of a license which is suspended or revoked or who is
assessed a civil penalty shall receive a written notice from the
Attorney General stating specifically the grounds upon which the
application was denied or upon which the license was suspended or
revoked or the civil penalty assessed. Any notice of a suspension or
revocation of a license shall be given to the holder of the license
before the effective date of the suspension or revocation.
``(2) If the Attorney General denies an application for a license,
or suspends or revokes a license, or assesses a civil penalty, the
Attorney General shall, upon request by the aggrieved party, promptly
hold a hearing to review the denial, suspension, revocation, or
assessment. In the case of a suspension or revocation of a license, the
Attorney General shall, on the request of the holder of the license,
stay the effective date of the suspension or revocation. A hearing
under this paragraph shall be held at a location convenient to the
aggrieved party.
``(3) If after a hearing held under paragraph (2) the Attorney
General decides not to reverse the decision to deny an application or
suspend or revoke a license or assess a civil penalty, the Attorney
General shall give notice of the decision to the aggrieved party. The
aggrieved party may at any time within 60 days after the date notice is
given under this paragraph file a petition with the United States
district court for the district in which party resides or in which the
party's principal place of business is located for a de novo judicial
review of the denial, suspension, revocation, or assessment. In a
proceeding conducted under this subsection, the court may consider any
evidence submitted by the parties to the proceeding whether or not such
evidence was considered at the hearing held under paragraph (2). If the
court decides that the Attorney General was not authorized to deny the
application or to suspend or revoke the license or to assess the civil
penalty, the court shall order the Attorney General to take such action
as may be necessary to comply with the judgment of the court.''.
SEC. 7. TERMINATION OF FIREARMS DEALER'S LICENSE UPON FELONY
CONVICTION.
Section 925(b) of title 18, United States Code, is amended by
striking ``until any conviction pursuant to the indictment becomes
final'' and inserting ``until the date of any conviction pursuant to
the indictment''.
SEC. 8. HIRING AND TRAINING OF ADDITIONAL INSPECTORS FOR THE BUREAU OF
ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES.
(a) Limitations on Authorization of Appropriations.--For the hiring
and training of 500 additional inspectors for the Bureau of Alcohol,
Tobacco, Firearms, and Explosives of the Department of Justice, there
are authorized to be appropriated--
(1) not more than $100,000,000 for fiscal year 2004; and
(2) not more than $55,000,000 for each of fiscal years 2005
through 2008.
(b) Availability of Appropriations.--Amounts appropriated under
subsection (a) are authorized to remain available until expended. | Crackdown on Deadbeat Dealers Act of 2003 - Amends the Brady Handgun Violence Prevention Act to increase the number of allowed inspections for compliance with record-keeping requirements by firearms dealers to not more than three times (currently, once) during any 12-month period.Increases penalties for: (1) knowingly making false statements or furnishing false or misrepresented identification regarding any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition; or (2) making false entries in, or failing to properly maintain, required firearms records.Authorizes the Attorney General to suspend a firearms dealer's license and to assess a civil penalty of up to $10,000 for firearms violations, including failure to have secure gun storage or safety devices (current penalties are limited to license revocation).Permits any licensed firearms dealer who is indicted for a felony to continue to operate until the date of conviction (currently, until the conviction becomes final).Authorizes appropriations for the hiring and training of 500 additional inspectors for the Department of Justice's Bureau of Alcohol, Tobacco, Firearms, and Explosives. | To ensure greater accountability by licensed firearms dealers. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saving Women's Lives through
International Family Planning Act of 2000''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) International family planning funds provide assistance
that saves the lives of women by providing vital reproductive
health care, including family planning and maternal health
programs which include prenatal, postpartum, HIV/AIDS and other
sexually transmitted disease education that results in safe
pregnancies and safe motherhood.
(2) Each year more than 585,000 women die from
complications with pregnancy and childbirth. In addition, each
year at least 7,000,000 women suffer serious health problems
and as many as 50,000,000 women suffer some adverse health
consequences after childbirth, many of which could be prevented
with safe motherhood practices used in reproductive health
programs.
(3) More than 5,800,000 people were infected with HIV/AIDS
in 1998. Without funding from international family planning
programs for education and prevention, most governments would
not have the resources to combat the physical, social, and
economic devastation inflicted by this disease.
(4) The health of the planet is connected to the health of
women and their families. Rapid population growth exacerbates
many environmental problems, including air and water pollution,
loss of wildlife habitat, fisheries depletion, and climate
change--global problems that transcend national boundaries.
Family planning programs give women the option to choose the
number and spacing of their children, which contributes to
slowing global population growth. International family planning
improves the ability of families worldwide to manage their
lives and their natural resources more sustainably.
(5) When families have access to family planning resources
and are able to space their children, delay the timing of their
first child, and have longer intervals between each child,
there is a decrease in the risk of mortality in both women and
children.
(6) Voluntary family planning services allow women and men
to exercise their fundamental human right to plan the size of
their families and ensure that every pregnancy is planned and
every child is wanted. Data from around the world provides
conclusive evidence that increased access to family planning
reduces the incidence of abortion.
(7) At the International Conference on Population and
Development in 1994, it was estimated that making quality
family planning and related health services available to all in
need of such planning and services would cost $17,000,000,000
in the year 2000. The United States and other donor countries
agreed to provide one-third of these funds. Based on the size
of its economy, the United States share of the total donor
population assistance should be almost $1,900,000,000 for
fiscal year 2001. While short of this funding goal, restoring
funding for population assistance to fiscal year 1995 levels
would be a significant step toward ensuring access to family
planning and reproductive health care for couples around the
world.
(8) With world population exceeding 6,000,000,000 people,
international family planning providers and related
nongovernmental organizations play a critical role in meeting
the physical, social, environmental, and economic needs in
their societies and in expanding participation in the
democratic process. These organizations should be provided with
adequate funding to fully and actively offer the best and most
informative care to their citizens without restrictions on free
speech. United States assistance to these organizations should
be provided under the same terms as to their governments.
SEC. 3. INTERNATIONAL ORGANIZATIONS AND PROGRAMS.
(a) Funding.--There is authorized to be appropriated, and there is
appropriated (out of any money in the Treasury not otherwise
appropriated), for fiscal year 2001 $366,000,000 to carry out the
provisions of section 301 of the Foreign Assistance Act of 1961 and
section 2 of the United Nations Environment Program Participation Act
of 1973.
(b) Availability of Amounts for UNFPA.--Of the amount appropriated
for fiscal year 2001 to carry out the provisions of law described in
subsection (a), $35,000,000 shall be made available for the United
Nations Population Fund (UNFPA).
SEC. 4. POPULATION PLANNING ASSISTANCE.
(a) Funding.--There is authorized to be appropriated, and there is
appropriated (out of any money in the Treasury not otherwise
appropriated), for fiscal year 2001 $541,600,000 for population
planning activities and other population assistance under part I of the
Foreign Assistance Act of 1961.
(b) Eligibility of Nongovernmental and Multilateral Organizations
for Population Planning Assistance.--Chapter 1 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at
the end the following:
``SEC. 130. ELIGIBILITY OF NONGOVERNMENTAL AND MULTILATERAL
ORGANIZATIONS FOR POPULATION PLANNING ASSISTANCE.
``In determining eligibility of nongovernmental and multilateral
organizations for population planning assistance or other population
assistance under this part, the Administrator of the United States
Agency for International Development may not apply requirements to such
organizations that are more restrictive than requirements applicable to
foreign governments for such assistance.''. | Authorizes appropriations for certain population planning activities.
Prohibits the Administrator of the United States Agency for International Development, in determining eligibility of nongovernmental and multilateral organizations for population planning assistance or other population assistance under the Foreign Assistance Act of 1961, from applying requirements to such organizations more restrictive than requirements applicable to foreign governments for such assistance. | Saving Women's Lives through International Family Planning Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Open Book on Equal Access to Justice
Act''.
SEC. 2. MODIFICATION OF EQUAL ACCESS TO JUSTICE PROVISIONS.
(a) Agency Proceedings.--Section 504 of title 5, United States
Code, is amended--
(1) in subsection (c)(1), by striking ``, United States
Code'';
(2) by redesignating subsection (f) as subsection (i); and
(3) by striking subsection (e) and inserting the following:
``(e)(1) Not later than March 31 of the first calendar year
beginning after the date of enactment of the Open Book on Equal Access
to Justice Act, and every year thereafter, the Chairman of the
Administrative Conference of the United States, after consultation with
the Chief Counsel for Advocacy of the Small Business Administration,
shall submit to Congress and make publicly available on an Internet Web
site a report on the amount of fees and other expenses awarded during
the preceding fiscal year under this section.
``(2) Each report under paragraph (1) shall describe the number,
nature, and amount of the awards, the claims involved in the
controversy, and any other relevant information that may aid Congress
in evaluating the scope and impact of such awards.
``(3)(A) Each report under paragraph (1) shall account for all
payments of fees and other expenses awarded under this section that are
made pursuant to a settlement agreement, regardless of whether the
settlement agreement is sealed or otherwise subject to nondisclosure
provisions.
``(B) The disclosure of fees and other expenses required under
subparagraph (A) shall not affect any other information that is subject
to a nondisclosure provision in a settlement agreement.
``(f) As soon as practicable, and in any event not later than the
date on which the first report under subsection (e)(1) is required to
be submitted, the Chairman of the Administrative Conference of the
United States shall create and maintain a searchable database on an
Internet Web site containing the following information with respect to
each award of fees and other expenses under this section made on or
after the date of enactment of the Open Book on Equal Access to Justice
Act:
``(1) The case name and number of the adversary
adjudication, if available, hyperlinked to the case (if
available) in any case in which the party other than the agency
is not an individual.
``(2) The name of the agency involved in the adversary
adjudication.
``(3) A description of the claims in the adversary
adjudication.
``(4) For an award made to an individual, a statement
indicating that the award was made to an individual that shall
not include any personally identifiable information.
``(5) For an award made to a party other than an
individual, the name of the party.
``(6) The amount of the award.
``(7) The basis for the finding that the position of the
agency concerned was not substantially justified.
``(g) The searchable database described in subsection (f) may not
reveal any information the disclosure of which is prohibited by law or
a court order.
``(h) The head of each agency shall provide to the Chairman of the
Administrative Conference of the United States in a timely manner all
information requested by the Chairman to comply with the requirements
of subsections (e), (f), and (g).''.
(b) Court Cases.--Section 2412(d) of title 28, United States Code,
is amended by adding at the end the following:
``(5)(A) Not later than March 31 of the first calendar year
beginning after the date of enactment of the Open Book on Equal
Access to Justice Act, and every year thereafter, the Chairman
of the Administrative Conference of the United States, after
consultation with the Chief Counsel for Advocacy of the Small
Business Administration, shall submit to Congress and make
publicly available on an Internet Web site a report on the
amount of fees and other expenses awarded during the preceding
fiscal year pursuant to this subsection.
``(B) Each report under subparagraph (A) shall describe the
number, nature, and amount of the awards, the claims involved
in the controversy, and any other relevant information that may
aid Congress in evaluating the scope and impact of such awards.
``(C)(i) Each report under subparagraph (A) shall account
for all payments of fees and other expenses awarded under this
subsection that are made pursuant to a settlement agreement,
regardless of whether the settlement agreement is sealed or
otherwise subject to nondisclosure provisions.
``(ii) The disclosure of fees and other expenses required
under clause (i) shall not affect any other information that is
subject to a nondisclosure provisions in a settlement
agreement.
``(D) As soon as practicable, and in any event not later
than the date on which the first report under subsection (e)(1)
is required to be submitted, the Chairman of the Administrative
Conference of the United States shall include and clearly
identify in each annual report under subparagraph (A), for each
case in which an award of fees and other expenses is included
in the report--
``(i) any amounts paid under section 1304 of title
31 for a judgment in the case;
``(ii) the amount of the award of fees and other
expenses; and
``(iii) the statute under which the plaintiff filed
suit.
``(6) The Chairman of the Administrative Conference of the
United States shall create and maintain a searchable database
on an Internet Web site containing the following information
with respect to each award of fees and other expenses under
this subsection:
``(A) The case name and number, hyperlinked to the
case (if available) in any case in which the party
other than the agency is not an individual.
``(B) The name of the agency involved in the case.
``(C) For an award made to an individual, a
statement indicating that the award was made to an
individual that shall not include any personally
identifiable information.
``(D) For an award made to a party other than an
individual, the name of the party.
``(E) The amount of the award.
``(F) The basis for the finding that the position
of the agency concerned was not substantially
justified.
``(7) The searchable database described in paragraph (6)
may not reveal any information the disclosure of which is
prohibited by law or a court order.
``(8) The head of each agency, including the Attorney General and
the Director of the Administrative Office of the United States Courts,
shall provide to the Chairman of the Administrative Conference of the
United States in a timely manner all information requested by the
Chairman to comply with the requirements of paragraphs (5), (6), and
(7).''.
(c) Technical Amendments.--Section 2412 of title 28, United States
Code, is amended--
(1) in subsection (d)(3), by striking ``United States
Code,''; and
(2) in subsection (e)--
(A) by striking ``of section 2412 of title 28,
United States Code,'' and inserting ``of this
section''; and
(B) by striking ``of such title''. | Open Book on Equal Access to Justice Act - Amends the Equal Access to Justice Act and the federal judicial code to require the Chairman of the Administrative Conference of the United States to submit to Congress and make publicly available on an Internet website an annual report on the amount of fees and other expenses awarded to prevailing parties other than the United States in certain administrative proceedings and civil action court cases (excluding tort cases) to which the United States is a party, including settlement agreements. Requires such reports to describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid Congress in evaluating the scope and impact of such awards. Directs the Chairman to create and maintain a searchable database on an Internet website containing specified information with respect to each award, including: if available, the case name and number of, as well as a hyperlink to, any case in which the party other than the agency is not an individual; the name of the agency involved; for an award to an individual, a statement that excludes any personally identifiable information but indicates that the award was made to an individual; for an award made to a party other than an individual, the name of the party; the amount of the award; and the basis for finding that the position of the agency concerned was not substantially justified. Directs the head of each agency (including, with respect to court cases, the Attorney General [DOJ] and the Director of the Administrative Office of the United States Courts) to provide the Chairman all information requested to produce such reports. | Open Book on Equal Access to Justice Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Academic Freedom through
Regulatory Relief Act''.
SEC. 2. REGULATORY RELIEF.
(a) Regulations Repealed.--
(1) Repeal.--The following regulations (including any
supplement or revision to such regulations) are repealed and
shall have no legal effect:
(A) State authorization.--Sections 600.4(a)(3),
600.5(a)(4), 600.6(a)(3), 600.9, and 668.43(b) of title
34, Code of Federal Regulations (relating to State
authorization), as added or amended by the final
regulations published by the Department of Education in
the Federal Register on October 29, 2010 (75 Fed. Reg.
66832 et seq.).
(B) Definition of credit hour.--The definition of
the term ``credit hour'' in section 600.2 of title 34,
Code of Federal Regulations, as added by the final
regulations published by the Department of Education in
the Federal Register on October 29, 2010 (75 Fed. Reg.
66946), and clauses (i)(A), (ii), and (iii) of
subsection (k)(2) of section 668.8 of such title, as
amended by such final regulations (75 Fed. Reg. 66949
et seq.).
(C) Gainful employment.--Sections 600.10(c),
600.20(d), 668.6, and 668.7, of title 34, Code of
Federal Regulations as added or amended by the final
regulations published by the Department of Education in
the Federal Register on October 29, 2010 (75 Fed. Reg.
66832 et seq. and 75 Fed. Reg. 66665 et seq.) and June
13, 2011 (76 Fed. Reg. 34386 et seq.).
(2) Effect of repeal.--To the extent that regulations
repealed by paragraph (1) amended regulations that were in
effect on June 30, 2011, the provisions of the regulations that
were in effect on June 30, 2011, and were so amended are
restored and revived as if the regulations repealed by
paragraph (1) had not taken effect.
(b) Certain Regulations Prohibited.--
(1) State authorization and gainful employment.--
(A) In general.--The Secretary of Education shall
not, during the period described in subparagraph (B),
promulgate or enforce any regulation or rule not in
effect on the date of enactment of this Act for any
purpose under the Higher Education Act of 1965 (20
U.S.C. 1001 et seq.) with respect to--
(i) the State authorization for
institutions of higher education to operate
within a State; or
(ii) the definition or application of the
term ``gainful employment''.
(B) Period of prohibition.--The period during which
the Secretary is prohibited from promulgating or
enforcing a regulation described in subparagraph (A)
shall be the period beginning on the date of enactment
of this Act and ending on the date of enactment of a
law that extends by not less than 2 fiscal years the
authorization or duration of one or more programs under
the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.).
(2) Credit hour.--The Secretary of Education shall not, on
or after the date of enactment of this Act, promulgate or
enforce any regulation or rule with respect to the definition
of the term ``credit hour'' for any purpose under the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.).
SEC. 3. THIRD-PARTY SERVICE PROVIDERS.
Section 487(a)(20) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)(20)) is amended by adding at the end the following:
``Notwithstanding the preceding sentence, an institution described in
section 101 may provide payment, based on the amount of tuition
generated by the institution from student enrollment, to a third-party
entity that provides a set of services to the institution that includes
student recruitment services, regardless of whether the third-party
entity is affiliated with an institution that provides educational
services other than the institution providing such payment, if--
``(A) the third-party entity is not affiliated with
the institution providing such payment;
``(B) the third-party entity does not make
compensation payments to its employees that are
prohibited under this paragraph;
``(C) the set of services provided to the
institution by the third-party entity include services
in addition to student recruitment services, and the
institution does not pay the third-party entity solely
or separately for student recruitment services provided
by the third-party entity; and
``(D) any student recruitment information available
to the third-party entity, including personally
identifiable information, will not be used by, shared
with, or sold to any other person or entity, including
any institution that is affiliated with the third-party
entity.''. | Supporting Academic Freedom through Regulatory Relief Act - (Sec. 2) Repeals certain Department of Education regulations that for purposes of determining whether a school is eligible to participate in programs under the Higher Education Act of 1965 (HEA): (1) require institutions of higher education (IHEs) and postsecondary vocational institutions (except religious schools) to be legally authorized by the state in which they are situated, (2) delineate what such legal authorization requires of states and schools, (3) impose standards and disclosure requirements on programs that prepare students for gainful employment in a recognized occupation, and (4) define "credit hour." Restores regulations that were in effect on June 30, 2011, but were amended by the regulations that this Act repeals. Prohibits the Secretary of Education from promulgating or enforcing any regulation or rule not in effect on the date of this Act's enactment regarding: (1) the state authorization for IHEs to operate within a state, or (2) the definition or application of the term "gainful employment." Ends that prohibition when a law is enacted that extends by at least two fiscal years the authorization or duration of one or more programs under the HEA. Prohibits the Secretary from promulgating or enforcing any regulation or rule that defines "credit hour" for any purpose under the HEA. (Sec. 3) Amends title IV (Student Assistance) of the HEA to authorize nonprofit IHEs to make payments to third-party entities for services that include student recruitment and are based on the amount of tuition that the IHE generates from student enrollment if the third-party entity: (1) is not affiliated with the IHE, (2) does not provide incentive payments to its employees for their success in enrolling students or securing financial aid for them, (3) is not paid by the IHE solely or separately for student recruitment services, and (4) will not make student recruitment information available to any other person or entity. | Supporting Academic Freedom through Regulatory Relief Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quit Smoking for Life Act of 2008''.
SEC. 2. COVERAGE OF COUNSELING FOR CESSATION OF TOBACCO USE UNDER THE
MEDICARE PROGRAM.
(a) Coverage.--Section 1861(s)(2) of the Social Security Act (42
U.S.C. 1395x(s)(2)) is amended--
(1) in subparagraph (Z), by striking ``and'' at the end;
(2) in subparagraph (AA), by adding ``and'' at the end; and
(3) by adding at the end the following new subparagraph:
``(BB) counseling for cessation of tobacco use (as defined
in section 1861(ddd));''.
(b) Services Described.--Section 1861 of such Act (42 U.S.C. 1395x)
is further amended by adding at the end the following new subsection:
``(ddd) Counseling for Cessation of Tobacco Use.--(1) Subject to
paragraph (2), the term `counseling for cessation of tobacco use' means
diagnostic, therapy, and counseling services for cessation of tobacco
use, for individuals who use tobacco products or are being treated for
tobacco use, furnished--
``(A) by or under the supervision of a physician; or
``(B) by any other health care professional who--
``(i) is legally authorized to furnish such
services under State law (or the State regulatory
mechanism provided by State law) of the State in which
the services are furnished; and
``(ii) is authorized to receive payment for other
services under this title or is designated by the
Secretary for this purpose.
``(2) Such term is limited to--
``(A) services that are included in the most current
clinical practice guidelines on treating tobacco use and
dependence issued by the Public Health Service; and
``(B) such other services that the Secretary recognizes to
be effective.''.
(c) Payment; Elimination of Deductible.--
(1) Payment.--Section 1833(a)(1) of such Act (42 U.S.C.
1395l(a)(1)) is amended--
(A) by striking ``and'' before ``(V)''; and
(B) by inserting before the semicolon at the end
the following: ``, and (W) with respect to counseling
for cessation of tobacco use (as defined in section
1861(ddd)), the amount paid shall be 80 percent of the
lesser of the actual charge for the service or the
amount determined by a fee schedule established by the
Secretary for purposes of this clause''.
(2) Elimination of deductible.--The first sentence of
section 1833(b) of such Act (42 U.S.C. 1395l(b)) is amended--
(A) by striking ``and'' before ``(8)''; and
(B) by inserting before the period the following:
``, and (9) such deductible shall not apply with
respect to counseling for cessation of tobacco use (as
defined in section 1861(ddd))''.
(d) Effective Date.--The amendments made by this section shall
apply to services furnished on or after January 1 of the first calendar
year that begins at least 6 months after the date of the enactment of
this Act.
SEC. 3. COVERAGE OF TOBACCO CESSATION PHARMACOTHERAPY UNDER THE
MEDICARE PROGRAM.
(a) Inclusion of Tobacco Cessation Agents as Covered Drugs.--
Section 1860D-2(e)(1) of the Social Security Act (42 U.S.C. 1395w-
102(e)(1)) is amended--
(1) in subparagraph (A), by striking ``or'' after the
semicolon at the end;
(2) in subparagraph (B), by striking the comma at the end
and inserting ``; or''; and
(3) by inserting after subparagraph (B) the following new
subparagraph:
``(C) any agent approved by the Food and Drug
Administration for purposes of promoting, and when used
to promote, tobacco use cessation that may be dispensed
without a prescription (commonly referred to as an
`over-the-counter' drug), but only if such an agent is
prescribed by a physician (or other person authorized
to prescribe under State law),''.
(b) Establishment of Categories and Classes Consisting of Tobacco
Cessation Agents.--Section 1860D-4(b)(3)(C) of the Social Security Act
(42 U.S.C. 1395w-104(b)(3)(C)) is amended by adding at the end the
following new clause:
``(iv) Categories and classes of tobacco
cessation agents.--There shall be a therapeutic
category or class of covered part D drugs
consisting of agents approved by the Food and
Drug Administration for cessation of tobacco
use. Such category or class shall include
tobacco cessation agents described in
subparagraphs (A) and (C) of section 1860D-
2(e)(1).''.
SEC. 4. COVERAGE OF COUNSELING AND MEDICATION FOR CESSATION OF TOBACCO
USE UNDER THE MEDICAID PROGRAM.
(a) Dropping Exception From Medicaid Prescription Drug Coverage for
Tobacco Use Cessation Medications.--
(1) In general.--Section 1927(d)(2) of the Social Security
Act (42 U.S.C. 1396r-8(d)(2)) is amended--
(A) by striking subparagraph (E);
(B) by redesignating subparagraph (F) through (K)
as subparagraphs (E) through (J), respectively; and
(C) in subparagraph (F), as so redesignated, by
inserting before the period at the end the following:
``, other than agents approved by the Food and Drug
Administration for purposes of promoting, and when used
to promote, tobacco use cessation (regardless, for
purposes of this title only, of whether such agents may
be dispensed only upon prescription or may be dispensed
without a prescription (commonly referred to as an
`over-the-counter' drug), but only if such an agent is
prescribed by a physician (or other person authorized
to prescribe under State law))''.
(2) Conforming amendment.--Section 1860D-2(e)(2)(A) of the
Social Security Act (42 U.S.C. 1395w-102(e)(2)(A)) is amended
by striking ``, other than subparagraph (E) of such section
(relating to smoking cessation agents),''.
(b) Requiring Coverage of Tobacco Use Cessation Counseling.--
Section 1905(a)(4) of such Act (42 U.S.C. 1396d(a)(4)) is amended--
(1) by striking ``and'' before ``(C)''; and
(2) by adding at the end the following: ``, and (D)
counseling for cessation of tobacco use (as defined in section
1861(ddd));''.
(c) Treatment of Tobacco Cessation Services and Medications as
Services Related to Pregnancy.--Section 1905 of such Act is amended by
adding at the end the following new subsection:
``(y) Services described in subsection (a)(4)(D) shall be treated
as services related to pregnancy with respect to women during pregnancy
(and during the 60-day period beginning on the last day of the
pregnancy.''.
(d) Effective Date.--The amendments made by this section shall
apply to items and services furnished on or after January 1 of the
first calendar year that begins at least 6 months after the date of the
enactment of this Act.
SEC. 5. PROMOTING CESSATION OF TOBACCO USE UNDER THE MATERNAL AND CHILD
HEALTH PROGRAM.
(a) Quality Maternal and Child Health Services Includes Tobacco Use
Cessation Counseling and Medications.--Section 501 of the Social
Security Act (42 U.S.C. 701) is amended by adding at the end the
following new subsection:
``(d) For purposes of this title, counseling for cessation of
tobacco use (as defined in section 1861(ddd)), drugs and biologicals
used to promote tobacco use cessation (regardless of whether such drugs
or biologicals may be dispensed only upon prescription or may be
dispensed without a prescription (commonly referred to as an `over-the-
counter' drug), but only if such a drug or biological is prescribed by
a physician (or other person authorized to prescribe under State law)),
and the inclusion of antitobacco messages in health promotion
counseling shall be considered to be part of quality maternal and child
health services.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act. | Quit Smoking for Life Act of 2008 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to cover diagnostic, therapy, and counseling services, furnished by or under a physician's supervision, for cessation of tobacco use. Provides for payment of 80% of the lesser of the actual charge or the fee schedule amount. Eliminates the deductible.
Includes tobacco cessation agents as covered drugs under Medicare part D (Voluntary Prescription Drug Benefit Program).
Amends SSA titles V (Maternal and Child Health Services) and XIX (Medicaid) also to cover counseling and medication for cessation of tobacco use. Requires inclusion of anti-tobacco messages in health promotion counseling as part of quality maternal and child health services. | To amend titles V, XVIII, and XIX of the Social Security Act to promote tobacco use cessation under the Medicare Program, the Medicaid Program, and the maternal and child health program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seasonal Influenza and Pandemic
Preparation Act of 2009''.
SEC. 2. FREE INFLUENZA VACCINE PROGRAM.
(a) Establishment.--The Secretary shall establish a national
voluntary influenza vaccination program for adults and children under
which any individual may receive an influenza vaccine at no cost at any
federally qualified health center, public or private hospital,
physician office, clinic, or other entity determined appropriate by the
Secretary.
(b) Participating Entities.--
(1) Reimbursement.--An entity described in subsection (a)
that elects to provide vaccines to individuals through the
program shall be reimbursed for the costs of administering such
vaccines by the Secretary at the rate determined by the
Secretary for such vaccine for purposes of title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.), or at such higher
rate, including cost-based reimbursement, as determined
appropriate by the Secretary. Such reimbursement may include
the costs of practice expenses or other costs associated with
the administration of the influenza vaccine.
(2) Limitation on charges.--An entity participating in the
program shall not charge a co-payment or apply any other cost-
sharing requirements associated with the administration of
influenza vaccines, including any co-payment or other cost-
sharing for the visit associated with the administration of
such vaccine.
(3) Voluntary participation.--Participation by an entity in
the program shall be voluntary.
(c) Public-Private Partnerships.--
(1) Grants.--The Secretary shall award grants to State and
local health departments, public hospitals, federally qualified
health centers, and other entities to facilitate the
establishment of influenza vaccination programs in partnership
with private entities, including retail outlets, pharmacies,
faith-based organizations, private employers, and others as
determined appropriate by the Secretary.
(2) Limitation on charges.--Any influenza vaccination
provided to an individual under a grant under this subsection
shall be at no cost to the individual.
(3) Reimbursement.--An entity participating in a program
under a grant under this subsection may request reimbursement
from the Secretary under the program under subsection (a) in
addition to the amounts received under the grant.
(4) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection, $500,000,000
for fiscal year 2010, and such sums as may be necessary for
each fiscal year thereafter.
(d) School Partnerships.--
(1) Grants to public entities.--
(A) In general.--The Secretary shall award grants
to local health departments, public hospitals,
federally qualified health centers, and other entities
to facilitate the development of influenza vaccination
programs for students and families of students in
partnership with local primary and secondary
educational institutions (including private
institutions and Head Start programs).
(B) Limitation on charges.--Any influenza
vaccination provided to an individual under a grant
under this subsection shall be at no cost to the
individual.
(2) Grants to schools.--The Secretary shall award grants to
elementary and secondary schools to facilitate the development
of a voluntary influenza vaccination program.
(3) Limitation on charges.--Any influenza vaccination
provided to an individual under this subsection shall be at no
cost to the individual.
(4) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection, $150,000,000
for fiscal year 2010, and such sums as may be necessary for
each fiscal year thereafter.
(e) Immunization Plans.--The Secretary, under the programs under
titles XVIII, XIX, and XXI of the Social Security Act, shall develop an
immunization plan with immunization target numbers for the respective
populations served under the program under each such title. The
Secretary shall provide bonus payments to eligible health care
providers and other entities who meet immunization targets established
by the Secretary in such plans.
SEC. 3. PUBLIC OUTREACH.
(a) In General.--The Director of the Centers for Disease Control
and Prevention shall establish and implement a national public affairs
campaign, to be carried out through radio, television, print, and other
media and methods determined appropriate by the Secretary, to increase
influenza immunization rates.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $15,000,000 for fiscal year
2010, and such sums as may be necessary for each fiscal year
thereafter.
SEC. 4. DEFINITIONS.
In this Act:
(1) Program.--The term ``program'' means the national
voluntary influenza vaccination program established under
section 2(a).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services. | Seasonal Influenza and Pandemic Preparation Act of 2009 - Directs the Secretary of Health and Human Services (HHS) to establish a national voluntary influenza vaccination program for adults and children under which any individual may receive an influenza vaccine at no cost at any federally qualified health center, public or private hospital, physician office, clinic, or other entity determined appropriate by the Secretary. Sets forth provisions governing reimbursements for the costs of administering such vaccines. Declares that participation by an entity in such program is voluntary.
Requires the Secretary to award grants to state and local health departments, public hospitals, and other entities to facilitate the establishment of influenza vaccination programs in partnerships with private entities, including pharmacies and private employers. Requires vaccines provided under a grant to be at no cost to the individual. Authorizes an entity participating in the grant program to seek reimbursement from the Secretary.
Requires the Secretary to award grants to facilitate the development of influenza vaccination programs for students and families of students in partnership with local primary and secondary educational institutions.
Directs the Secretary, under Medicare, Medicaid, and the State Children's Health Insurance Program (CHIP, formerly known as SCHIP), to develop an immunization plan with immunization target numbers for the respective populations served under such programs. Requires the Secretary to provide bonus payments to eligible health care providers and other entities who meet immunization targets established by the Secretary in such plans.
Requires the Director of the Centers for Disease Control and Prevention (CDC) to establish and implement a national public affairs campaign to increase influenza immunization rates. | A bill to provide for the establishment of programs and activities to increase influenza vaccination rates through the provision of free vaccines. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Protecting Girls by
Preventing Child Marriage Act of 2009''.
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 dignity and 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 20-24 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) Child marriage ``treats young girls as property'' and
``poses grave risks not only to women's basic rights but also
their health, economic independence, education, and status in
society'', according to the Department of State in 2005.
(5) In 2005, the Department of State conducted a world-wide
survey and found child marriage to be a concern in 64 out of
182 countries surveyed, with child marriage most common in sub-
Saharan Africa and parts of South Asia.
(6) In Ethiopia's Amhara region, about half of all girls
are married by age 14 with 95 percent not knowing their
husbands before marriage, 85 percent unaware they were to be
married, and 70 percent reporting their first sexual initiation
within marriage taking place before their first menstrual
period, according to a 2004 Population Council survey.
(7) In some areas of northern Nigeria, 45 percent of girls
are married by age 15 and 73 percent by age 18, with age gaps
between girls and the husbands averaging between 12 and 18
years.
(8) Between half and three-quarters of all girls are
married before the age of 18 in the following countries: Niger,
Chad, Mali, Bangladesh, Guinea, the Central African Republic,
Mozambique, Burkina Faso, and Nepal, according to Demographic
Health Survey data.
(9) 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.
(10) Child marriage has negative effects on girls' health,
including significantly increased risk of maternal death and
morbidity, infant mortality and morbidity, obstetric fistula,
and sexually transmitted diseases, including HIV/AIDS.
(11) According to the United States Agency for
International Development (USAID), increasing the age at first
birth for a woman will increase her chances of survival.
Currently, pregnancy and childbirth complications are the
leading cause of death for women 15 to 19 years old in
developing countries.
(12) In developing countries, girls 15 years of age are
five times more likely to die in childbirth than women in their
20s.
(13) Child marriage can result in bonded labor or
enslavement, commercial sexual exploitation, and violence
against the victims, according to UNICEF.
(14) Out-of-school or unschooled girls are at greater risk
of child marriage while girls in school face pressure to
withdraw from school when secondary school requires monetary
costs, travel, or other social costs, including lack of
lavatories and supplies for menstruating girls and increased
risk of sexual violence.
(15) In Mozambique 60 percent of girls with no education
are married by age 18, compared to 10 percent of girls with
secondary schooling and less than 1 percent of girls with
higher education.
(16) According to UNICEF, in 2005 it was estimated that
``about half of girls in Sub-Saharan Africa who drop out of
primary school do so because of poor water and sanitation
facilities''.
(17) UNICEF reports that investments in improving school
sanitation resulted in a 17 percent increase in school
enrollment for girls in Guinea and an 11 percent increase for
girls in Bangladesh.
(18) Investments in girls' schooling, creating safe
community spaces for girls, and programs for skills building
for out-of-school girls are all effective and demonstrated
strategies for preventing child marriage and creating a pathway
to empower girls by addressing conditions of poverty, low
status, and norms that contribute to child marriage.
(19) Most countries with high rates of child marriage have
a legally established minimum age of marriage, yet child
marriage persists due to strong traditional norms and the
failure to enforce existing laws.
(20) In Afghanistan, where the legal age of marriage for
girls is 16 years, 57 percent of marriages involve girls below
the age of 16, including girls younger than 10 years, according
to the United Nations Children's Fund (UNICEF).
(21) Secretary of State Hillary Clinton has stated that
``child marriage is a clear and unacceptable violation of human
rights, and that the Department of State denounces all cases of
child marriage as child abuse''.
SEC. 3. 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) expanding educational opportunities for girls, economic
opportunities for women, and reducing maternal and child
mortality are critical to achieving the Millennium Development
Goals and the global health and development objectives of the
United States, including efforts to prevent HIV/AIDS.
SEC. 4. ASSISTANCE TO PREVENT THE INCIDENCE OF CHILDHOOD MARRIAGE IN
DEVELOPING COUNTRIES.
(a) Assistance Authorized.--The President is authorized to provide
assistance, including through multilateral, nongovernmental, and faith-
based organizations, to prevent the incidence of child marriage in
developing countries and to promote the educational, health, economic,
social, and legal empowerment of girls and women as part of the
strategy established pursuant to section 5 to prevent child marriage in
developing countries.
(b) Priority.--In providing assistance authorized under subsection
(a), the President shall give priority to--
(1) areas or regions in developing countries in which 15
percent of girls under the age of 15 are married or 40 percent
of girls under the age of 18 are married; and
(2) activities to--
(A) expand and replicate existing community-based
programs that are successful in preventing the
incidence of child marriage;
(B) establish pilot projects to prevent child
marriage; and
(C) share evaluations of successful programs,
program designs, experiences, and lessons.
(c) Coordination.--Assistance authorized under subsection (a) shall
be integrated with existing United States programs for advancing
appropriate age and grade-level basic and secondary education through
adolescence, ensure school enrollment and completion for girls, health,
income generation, agriculture development, legal rights, and democracy
building and human rights, including--
(1) support for community-based activities that encourage
community members to address beliefs or practices that promote
child marriage and to educate parents, community leaders,
religious leaders, and adolescents of the health risks
associated with child marriage and the benefits for
adolescents, especially girls, of access to education, health
care, livelihood skills, microfinance, and savings programs;
(2) enrolling girls in primary and secondary school at the
appropriate age and keeping them in age-appropriate grade
levels through adolescence;
(3) reducing education fees, and enhancing safe and
supportive conditions in primary and secondary schools to meet
the needs of girls, including--
(A) access to water and suitable hygiene
facilities, including separate lavatories and latrines
for girls;
(B) assignment of female teachers;
(C) safe routes to and from school; and
(D) eliminating sexual harassment and other forms
of violence and coercion;
(4) ensuring access to health care services and proper
nutrition for adolescent girls, which is essential to both
their school performance and their economic productivity;
(5) increasing training for adolescent girls and their
parents in financial literacy and access to economic
opportunities, including livelihood skills, savings,
microfinance, and small-enterprise development;
(6) supporting education, including through community and
faith-based organizations and youth programs, that helps remove
gender stereotypes and the bias against girls used to justify
child marriage, especially efforts targeted at men and boys,
promotes zero tolerance for violence, and promotes gender
equality, which in turn help to increase the perceived value of
girls;
(7) creating peer support and female mentoring networks and
safe social spaces specifically for girls; and
(8) supporting local advocacy work to provide legal
literacy programs at the community level and ensure that
governments and law enforcement officials are meeting their
obligations to prevent child and forced marriage.
SEC. 5. STRATEGY TO PREVENT CHILD MARRIAGE IN DEVELOPING COUNTRIES.
(a) Strategy Required.--The President, acting through the Secretary
of State, shall establish a multi-year strategy to prevent child
marriage in developing countries and promote the empowerment of girls
at risk of child marriage in developing countries, including by
addressing the unique needs, vulnerabilities, and potential of girls
under 18 in developing countries.
(b) Consultation.--In establishing the strategy required by
subsection (a), the President shall consult with Congress, relevant
Federal departments and agencies, multilateral organizations, and
representatives of civil society.
(c) Elements.--The strategy required by subsection (a) shall--
(1) focus on areas in developing countries with high
prevalence of child marriage; and
(2) encompass diplomatic initiatives between the United
States and governments of developing countries, with attention
to human rights, legal reforms and the rule of law, and
programmatic initiatives in the areas of education, health,
income generation, changing social norms, human rights, and
democracy building.
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, the President shall transmit to Congress a
report that includes--
(1) the strategy required by subsection (a);
(2) an assessment, including data disaggregated by age and
gender to the extent possible, of current United States-funded
efforts to specifically assist girls in developing countries;
and
(3) examples of best practices or programs to prevent child
marriage in developing countries that could be replicated.
SEC. 6. RESEARCH AND DATA COLLECTION.
The Secretary of State shall work through the Administrator of the
United States Agency for International Development and any other
relevant agencies of the Department of State, and in conjunction with
relevant executive branch agencies as part of their ongoing research
and data collection activities, to--
(1) collect and make 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; and
(2) collect and make available data on the impact of the
incidence of child marriage and the age at marriage on progress
in meeting key development goals.
SEC. 7. 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) The report required by subsection (d) shall include for each
country in which child marriage is prevalent at rates at or above 40
percent in at least one sub-national region, a description of the
status of the practice of child marriage in such country. 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 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:
``(i) The report required by subsection (b) shall include for each
country in which child marriage is prevalent at rates at or above 40
percent in at least one sub-national region, a description of the
status of the practice of child marriage in such country. 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 in the
country in which such girl or boy is a resident.''.
SEC. 8. DEFINITION.
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.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
To carry out this Act and the amendments made by this Act, there
are authorized to be appropriated as such sums as necessary for fiscal
years 2010 through 2014. | International Protecting Girls by Preventing Child Marriage Act of 2009 - Authorizes the President to provide assistance, including through multilateral, nongovernmental, and faith-based organizations, to prevent child marriage in developing countries and to promote the educational, health, economic, social, and legal empowerment of girls and women. Sets forth priority assistance criteria.
Directs the President, through the Secretary of State, to establish a multi-year strategy to prevent child marriage in developing countries and to promote the empowerment of girls at risk of child marriage. Sets forth strategy elements.
Amends the Foreign Assistance Act of 1961 to require that Department of State country reports on human rights practices include a description of the status of child marriage for countries with specified rates of child marriage.
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. | To protect girls in developing countries through the prevention of child marriage, and for other purposes. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Preservation of
Antibiotics for Medical Treatment Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
TITLE I--SAFETY OF CRITICAL ANTIMICROBIAL ANIMAL DRUGS
Sec. 101. Proof of safety of critical antimicrobial animal drugs.
TITLE II--USE OF CRITICAL ANTIMICROBIAL ANIMAL DRUGS IN AGRICULTURE
Sec. 201. Collection of data on critical antimicrobial animal drugs.
SEC. 2. FINDINGS.
The Congress finds that--
(1)(A) in January 2001, a Federal interagency task force
released an action plan to address the continuing decline in
effectiveness of antibiotics against common bacterial
infections, referred to as antibiotic resistance;
(B) the task force determined that antibiotic resistance is
a growing menace to all people and poses a serious threat to
public health; and
(C) the task force cautioned that if current trends
continue, treatments for common infections will become
increasingly limited and expensive, and, in some cases,
nonexistent;
(2) antibiotic resistance, resulting in a reduced number of
effective antibiotics, may significantly impair the ability of
the United States to respond to terrorist attacks involving
bacterial infections or a large influx of hospitalized
patients;
(3)(A) any overuse or misuse of antibiotics contributes to
the spread of antibiotic resistance, whether in human medicine
or in agriculture; and
(B) recognizing the public health threat caused by
antibiotic resistance, Congress took several steps to curb
antibiotic overuse in human medicine through amendments to the
Public Health Service Act (42 U.S.C. 201 et seq.) made by
section 102 of the Public Health Threats and Emergencies Act
(Public Law 106-505, title I; 114 Stat. 2315), but has not yet
addressed antibiotic overuse in agriculture;
(4) in a March 2003 report, the National Academy of
Sciences stated that--
(A) a decrease in antimicrobial use in human
medicine alone will have little effect on the current
situation; and
(B) substantial efforts must be made to decrease
inappropriate overuse in animals and agriculture;
(5)(A) an estimated 70 percent of the antibiotics and other
antimicrobial drugs used in the United States are fed to farm
animals for nontherapeutic purposes, including--
(i) growth promotion; and
(ii) compensation for crowded, unsanitary, and
stressful farming and transportation conditions; and
(B) unlike human use of antibiotics, these nontherapeutic
uses in animals typically do not require a prescription;
(6)(A) many scientific studies confirm that the
nontherapeutic use of antibiotics in agricultural animals
contributes to the development of antibiotic-resistant
bacterial infections in people;
(B) the periodical entitled ``Clinical Infectious
Diseases'' published a report in June 2002, based on a 2-year
review by experts in human and veterinary medicine, public
health, microbiology, biostatistics, and risk analysis, of more
than 500 scientific studies on the human health impacts of
antimicrobial use in agriculture; and
(C) the report recommended that antimicrobial agents should
no longer be used in agriculture in the absence of disease, but
should be limited to therapy for diseased individual animals
and prophylaxis when disease is documented in a herd or flock;
(7) the United States Geological Survey reported in March
2002 that--
(A) antibiotics were present in 48 percent of the
streams tested nationwide; and
(B) almost half of the tested streams were
downstream from agricultural operations;
(8) an April 1999 study by the General Accounting Office
concluded that resistant strains of 3 microorganisms that cause
food-borne illness or disease in humans--Salmonella,
Campylobacter, and E. coli--are linked to the use of
antibiotics in animals;
(9)(A) in January 2003, Consumer Reports published test
results on poultry products bought in grocery stores nationwide
showing disturbingly high levels of Campylobacter and
Salmonella bacteria that were resistant to antibiotics used to
treat food-borne illnesses; and
(B) further studies showed similar results in other meat
products;
(10) in October 2001, the New England Journal of Medicine
published an editorial urging a ban on nontherapeutic use of
medically important antibiotics in animals;
(11)(A) in 1999, the European Union banned the practice of
feeding medically important antibiotics to animals other than
for disease treatment or control, and prior to that, individual
European countries had banned the use of specific antibiotics
in animal feed; and
(B) those countries have experienced no significant impact
on animal health or productivity, food safety, or meat prices,
and more importantly, levels of resistant bacteria have
declined sharply;
(12) in 1998, the National Academy of Sciences noted that
antibiotic-resistant bacteria generate a minimum of
$4,000,000,000 to $5,000,000,000 in costs to United States
society and individuals yearly;
(13) a year later, the National Academy of Sciences
estimated that eliminating the use of all antibiotics as feed
additives would cost each American consumer less than $5 to $10
per year;
(14) the American Medical Association, the American Public
Health Association, the National Association of County and City
Health Officials, and the National Campaign for Sustainable
Agriculture, are among the more than 300 organizations
representing health, consumer, agricultural, environmental,
humane, and other interests that support enactment of
legislation to phase out nontherapeutic use in farm animals of
medically important antibiotics;
(15) the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq.)--
(A) requires that all drugs be shown to be safe
before the drugs are approved; and
(B) places the burden on manufacturers to account
for health consequences and prove safety;
(16)(A) the Food and Drug Administration recently modified
the drug approval process for antibiotics to recognize the
development of resistant bacteria as an important aspect of
safety;
(B) however, most antibiotics currently used in animal
production systems for nontherapeutic purposes were approved
before the Food and Drug Administration began giving in-depth
consideration to resistance during the drug-approval process;
and
(C) the Food and Drug Administration has not established a
schedule for reviewing those existing approvals; and
(17) certain non-routine uses of antibiotics in animal
agriculture are legitimate to prevent animal disease.
SEC. 3. PURPOSE.
The purpose of this Act is to preserve the effectiveness of
medically important antibiotics used in the treatment of human and
animal diseases by phasing out use of certain antibiotics for
nontherapeutic purposes in food-producing animals.
TITLE I--SAFETY OF CRITICAL ANTIMICROBIAL ANIMAL DRUGS
SEC. 101. PROOF OF SAFETY OF CRITICAL ANTIMICROBIAL ANIMAL DRUGS.
(a) Definitions.--Section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the
following:
``(rr) Critical Antimicrobial Animal Drug.--The term `critical
antimicrobial animal drug' means a drug that--
``(1) is intended for use in food-producing animals; and
``(2) is composed wholly or partly of--
``(A) any kind of penicillin, tetracycline,
macrolide, lincosamide, streptogramin, aminoglycoside,
or sulfonamide; or
``(B) any other drug or derivative of a drug that
is used in humans or intended for use in humans to
treat or prevent disease or infection caused by
microorganisms.
``(ss) Nontherapeutic Use.--The term `nontherapeutic use', with
respect to a critical antimicrobial animal drug, means any use of the
drug as a feed or water additive for an animal in the absence of any
clinical sign of disease in the animal for growth promotion, feed
efficiency, weight gain, routine disease prevention, or other routine
purpose.''.
(b) Applications Pending or Submitted After Enactment.--Section
512(d)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360b(d)(1)) is amended--
(1) in the first sentence--
(A) in subparagraph (H), by striking ``or'' at the
end;
(B) by redesignating subparagraph (I) as
subparagraph (J); and
(C) by inserting after subparagraph (H) the
following:
``(I) with respect to a critical antimicrobial
animal drug or a drug of the same chemical class as a
critical antimicrobial animal drug, the applicant has
failed to demonstrate that there is a reasonable
certainty of no harm to human health due to the
development of antimicrobial resistance that is
attributable, in whole or in part, to the
nontherapeutic use of the drug; or''; and
(2) in the second sentence, by striking ``(A) through (I)''
and inserting ``(A) through (J)''.
(c) Phased Elimination of Nontherapeutic Use in Animals of Critical
Antimicrobial Animal Drugs Important for Human Health.--Section 512 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b) is amended by
adding at the end the following:
``(q) Phased Elimination of Nontherapeutic Use in Animals of
Critical Antimicrobial Animal Drugs Important for Human Health.--
``(1) Applicability.--This subsection applies to the
nontherapeutic use in a food-producing animal of a drug--
``(A)(i) that is a critical antimicrobial animal
drug; or
``(ii) that is of the same chemical class as a
critical antimicrobial animal drug; and
``(B)(i) for which there is in effect an approval
of an application or an exemption under subsection (b),
(i), or (j) of section 505; or
``(ii) that is otherwise marketed for use.
``(2) Withdrawal.--The Secretary shall withdraw the
approval of a nontherapeutic use in food-producing animals
described in paragraph (1) on the date that is 2 years after
the date of enactment of this subsection unless--
``(A) before the date that is 2 years after the
date of the enactment of this subsection, the Secretary
makes a final written determination that the holder of
the approved application has demonstrated that there is
a reasonable certainty of no harm to human health due
to the development of antimicrobial resistance that is
attributable in whole or in part to the nontherapeutic
use of the drug; or
``(B) before the date specified in subparagraph
(A), the Secretary makes a final written determination
under this subsection, with respect to a risk analysis
of the drug conducted by the Secretary and other
relevant information, that there is a reasonable
certainty of no harm to human health due to the
development of antimicrobial resistance that is
attributable in whole or in part to the nontherapeutic
use of the drug.
``(3) Exemptions.--Except as provided in paragraph (5), if
the Secretary grants an exemption under section 505(i) for a
drug that is a critical antimicrobial animal drug, the
Secretary shall rescind each approval of a nontherapeutic use
in a food-producing animal of the critical antimicrobial animal
drug, or of a drug in the same chemical class as the critical
antimicrobial animal drug, as of the date that is 2 years after
the date on which the Secretary grants the exemption.
``(4) Approvals.--Except as provided in paragraph (5), if
an application for a drug that is a critical antimicrobial
animal drug is submitted to the Secretary under section 505(b),
the Secretary shall rescind each approval of a nontherapeutic
use in a food-producing animal of the critical antimicrobial
animal drug, or of a drug in the same chemical class as the
critical antimicrobial animal drug, as of the date that is 2
years after the date on which the application is submitted to
the Secretary.
``(5) Exception.--Paragraph (3) or (4), as the case may be,
shall not apply if--
``(A) before the date on which approval would be
rescinded under that paragraph, the Secretary makes a
final written determination that the holder of the
application for the approved nontherapeutic use has
demonstrated that there is a reasonable certainty of no
harm to human health due to the development of
antimicrobial resistance that is attributable in whole
or in part to the nontherapeutic use in the food-
producing animal of the critical antimicrobial animal
drug; or
``(B) before the date specified in subparagraph
(A), the Secretary makes a final written determination
under this subsection, with respect to a risk analysis
of the critical antimicrobial animal drug conducted by
the Secretary and any other relevant information, that
there is a reasonable certainty of no harm to human
health due to the development of antimicrobial
resistance that is attributable in whole or in part to
the nontherapeutic use of the drug.''.
TITLE II--USE OF CRITICAL ANTIMICROBIAL ANIMAL DRUGS IN AGRICULTURE
SEC. 201. COLLECTION OF DATA ON CRITICAL ANTIMICROBIAL ANIMAL DRUGS.
(a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic
Act is amended by inserting after section 512 (21 U.S.C. 360b) the
following:
``SEC. 512A. COLLECTION OF DATA ON CRITICAL ANTIMICROBIAL ANIMAL DRUGS.
``(a) In General.--Not later than July 1 of each year, a
manufacturer of a critical antimicrobial animal drug or an animal feed
for food-producing animals bearing or containing a critical
antimicrobial animal drug shall submit to the Secretary a report, in
such form as the Secretary shall require, containing information on the
sales during the previous calendar year of the critical antimicrobial
animal drug or the animal feed.
``(b) Information to Be Included.--A report under subsection (a)
shall--
``(1) state separately the quantity of the critical
antimicrobial animal drug, including such quantity in animal
feed bearing or containing the critical antimicrobial drug,
sold for each kind of food-producing animal;
``(2) describe the claimed purpose of use for the drug for
each kind of food-producing animal as being for growth
promotion, weight gain, feed efficiency, disease prevention,
disease control, disease treatment, or another purpose; and
``(3) describe the dosage form of the drug.
``(c) Publication.--
``(1) In general.--The Secretary shall make the information
submitted under subsection (a) available to the public not less
than annually.
``(2) Protection of confidentiality.--The Secretary may
aggregate information, if necessary, so as to avoid disclosure
under paragraph (1) of confidential business information.''.
(b) Violation.--Subsection (e) of section 301 of the Federal Food,
Drug and Cosmetic Act (21 U.S.C. 331(e)) is amended by striking
``515(f)'' and inserting ``512A, 515(f)''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2006. | Preservation of Antibiotics for Medical Treatment Act of 2005 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services to deny an application for a new animal drug that is a critical antimicrobial animal drug unless the applicant demonstrates that there is a reasonably certainty of no harm to human health due to the development of antimicrobial resistance attributable to the nontherapeutic use of the drug. Defines "critical antimicrobial animal drug" as a drug intended for use in food-producing animals that contains specified antibiotics or other drugs used in humans to treat or prevent disease or infection caused by microorganisms.
Requires the Secretary to withdraw approval of a nontherapeutic use of such drugs in food-producing animals two years after the date of enactment of this Act unless certain safety requirements are met.
Requires the manufacturer of such a drug or an animal feed for food-producing animals containing such a drug to report sales information to the Secretary. | To amend the Federal Food, Drug, and Cosmetic Act to preserve the effectiveness of medically important antibiotics used in the treatment of human and animal diseases. |
SECTION 1. WAGE DETERMINATION.
(a) Change in Minimum Wages.--Section 212(n)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(A)) is amended to
read as follows:
``(A) The employer--
``(i) is offering and will offer during the period
of authorized employment to aliens admitted or provided
status as an H-1B nonimmigrant wages that are at
least--
``(I) the locally determined prevailing
wage level for the occupational classification
in the area of employment;
``(II) the median average wage for all
workers in the occupational classification in
the area of employment; or
``(III) the median wage for skill level two
in the occupational classification found in the
most recent Occupational Employment Statistics
survey;
whichever is greatest, based on the best information
available as of the time of filing of the application;
and
``(ii) will provide working conditions for such
nonimmigrant that will not adversely affect the working
conditions of workers similarly employed.''.
The wage determination methodology used under clause (i) shall
be submitted with the application.
(b) Provision of W-2 Forms.--Section 212(n)(1) of such Act (8
U.S.C. 1182(n)(1)) is amended by adding at the end the following new
subparagraph:
``(H) If the employer employed, in such previous period as
the Secretary shall specify, one or more H-1B nonimmigrants,
the application shall be accompanied by the Internal Revenue
Service Form W-2 Wage and Tax Statement filed by the employer
with respect to such nonimmigrants for such period.''.
SEC. 2. GOOD FAITH RECRUITMENT REQUIREMENT.
(a) Extending Time Period for No Displacement.--Section 212(n) of
the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended--
(1) in paragraph (1)(E)(i), by striking ``90 days'' and
inserting ``180 days'' each place it appears; and
(2) in paragraph (2)(C)(iii), in the matter before
subclause (I), by striking ``90 days'' and inserting ``180
days'' each place it appears .
(b) Requiring Active Requirement.--Section 212(n)(1)(G)(i)(I) of
such Act (8 U.S.C. 1182(n)(1)(G)(i)(I)) is amended by inserting
``actively'' before ``recruit''.
(c) Prohibition of Outplacement.--Section 212(n)(1)(F) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(F)) is amended to
read as follows:
``(F) An employer shall not place, out-source, lease, or
otherwise contract for the placement of an alien admitted or
provided status as an H-1B nonimmigrant with another employer,
regardless of whether or not such other employer is an H-1B-
dependent employer.''.
SEC. 3. LABOR ENFORCEMENT.
(a) Centralization of Administrative and Enforcement Functions.--
Section 212(n)(2) of the Immigration and Nationality Act (8 U.S.C.
1182(n)(2)) is amended by adding at the end the following new
subparagraph:
``(I) The Secretary shall be responsible under this paragraph for
investigations of wage complaints, as well as investigations of
allegations of fraud in the filing of applications under this
subsection.''.
(b) Audits.--Section 212(n)(2)(A) of the Immigration and
Nationality Act (8 U.S.C. 1182(n)(2)(A)) is amended by adding at the
end the following new sentences: ``In addition, the Secretary may
conduct surveys of the level of compliance by employers with the
provisions and requirements of this subsection and may conduct annual
compliance audits in the case of employers that employ H-1B
nonimmigrants. In the case of an employer that employs H-1B
nonimmigrants that represent 15 percent or more of the total number of
individuals employed by the employer, the Secretary shall conduct
annual compliance audits of such employer.''.
SEC. 4. MAKING H-1B NONIMMIGRANT PETITIONER FEE PERMANENT.
(a) In General.--Section 214(c)(9)(A) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(9)(A)), in the matter immediately
preceding clause (i), is amended by striking ``October 1, 2003''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to petitions filed beginning on or after January 1 of the year
beginning after the date of the enactment of this Act.
SEC. 5. PRIVATE RIGHT OF ACTION.
Section 212(n)(2) of the Immigration and Nationality Act (8 U.S.C.
1182(n)(2)) is amended by adding at the end the following new
subparagraph:
``(I) In addition to any other remedies available under this
paragraph, a person who is harmed by a violation by an employer of a
requirement of this subsection may bring a civil action against the
employer in any court of competent jurisdiction for damages or other
appropriate relief.''. | Amends the Immigration and Nationality Act to require employers of H-1B (specialty occupations) nonimmigrants to use one of three specified methods (whichever results in the highest wages) to determine wages for purposes of required wage attestations.
Requires such employers who previously employed one or more H-1B nonimmigrants to submit with their labor condition application (LCA) a copy of the W-2 Wage and Tax Statement filed with respect to those nonimmigrants.
Extends from 90 to 180 days the period during which certain employers of H-1B nonimmigrants must show nondisplacement of U.S. workers. Requires such employers to actively engage in recruitment efforts. Prohibits such employers from placing, outsourcing, leasing, or otherwise contracting for the placement of an H-1B nonimmigrant with another employer, regardless of whether the other employer is H-1B dependent.
Requires the Secretary of Labor to be responsible for investigations of wage complaints and allegations of fraud in the filing of LCAs.
Authorizes the Secretary to: (1) conduct surveys of employer compliance with labor condition requirements; and (2) conduct annual compliance audits of employers employing H-1B nonimmigrants. Requires annual compliance audits in cases where H-1B nonimmigrants comprise 15 percent or more of an employer's total number of employees.
Makes permanent the employer fee applicable to H-1B petitions.
Creates a private right of action for persons harmed by an employer's violation of labor condition requirements. | To amend the Immigration and Nationality Act to provide greater protections to domestic and foreign workers under the H-1B nonimmigrant worker program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Partnership Benefits and
Obligations Act of 2007''.
SEC. 2. BENEFITS TO DOMESTIC PARTNERS OF FEDERAL EMPLOYEES.
(a) In General.--An employee who has a domestic partner and the
domestic partner of the employee shall be entitled to benefits
available to, and shall be subject to obligations imposed upon, a
married employee and the spouse of the employee.
(b) Certification of Eligibility.--In order to obtain benefits and
assume obligations under this Act, an employee shall file an affidavit
of eligibility for benefits and obligations with the Office of
Personnel Management identifying the domestic partner of the employee
and certifying that the employee and the domestic partner of the
employee--
(1) are each other's sole domestic partner and intend to
remain so indefinitely;
(2) have a common residence, and intend to continue the
arrangement;
(3) are at least 18 years of age and mentally competent to
consent to contract;
(4) share responsibility for a significant measure of each
other's common welfare and financial obligations;
(5) are not married to or domestic partners with anyone
else;
(6) are same sex domestic partners, and not related in a
way that, if the 2 were of opposite sex, would prohibit legal
marriage in the State in which they reside; and
(7) understand that willful falsification of information
within the affidavit may lead to disciplinary action and the
recovery of the cost of benefits received related to such
falsification and may constitute a criminal violation.
(c) Dissolution of Partnership.--
(1) In general.--An employee or domestic partner of an
employee who obtains benefits under this Act shall file a
statement of dissolution of the domestic partnership with the
Office of Personnel Management not later than 30 days after the
death of the employee or the domestic partner or the date of
dissolution of the domestic partnership.
(2) Death of employee.--In a case in which an employee
dies, the domestic partner of the employee at the time of death
shall receive under this Act such benefits as would be received
by the widow or widower of an employee.
(3) Other dissolution of partnership.--
(A) In general.--In a case in which a domestic
partnership dissolves by a method other than death of
the employee or domestic partner of the employee, any
benefits received by the domestic partner as a result
of this Act shall terminate.
(B) Exception.--In a case in which a domestic
partnership dissolves by a method other than death of
the employee or domestic partner of the employee, the
former domestic partner of the employee shall be
entitled to benefits available to, and shall be subject
to obligations imposed upon, a former spouse.
(d) Stepchildren.--For purposes of affording benefits under this
Act, any natural or adopted child of a domestic partner of an employee
shall be deemed a stepchild of the employee.
(e) Confidentiality.--Any information submitted to the Office of
Personnel Management under subsection (b) shall be used solely for the
purpose of certifying an individual's eligibility for benefits under
subsection (a).
(f) Regulations and Orders.--
(1) Office of personnel management.--Not later than 6
months after the date of enactment of this Act, the Office of
Personnel Management shall promulgate regulations to implement
section 2 (b) and (c).
(2) Other executive branch regulations.--Not later than 6
months after the date of enactment of this Act, the President
or designees of the President shall promulgate regulations to
implement this Act with respect to benefits and obligations
administered by agencies or other entities of the executive
branch.
(3) Other regulations and orders.--Not later than 6 months
after the date of enactment of this Act, each agency or other
entity or official not within the executive branch that
administers a program providing benefits or imposing
obligations shall promulgate regulations or orders to implement
this Act with respect to the program.
(4) Procedure.--Regulations and orders required under this
subsection shall be promulgated after notice to interested
persons and an opportunity for comment.
(g) Definitions.--In this Act:
(1) Benefits.--The term ``benefits'' means--
(A) health insurance and enhanced dental and vision
benefits, as provided under chapters 89, 89A, and 89B
of title 5, United States Code;
(B) retirement and disability benefits and plans,
as provided under--
(i) chapters 83 and 84 of title 5, United
States Code;
(ii) chapter 8 of the Foreign Service Act
of 1980 (22 U.S.C. 4041 et seq.); and
(iii) the Central Intelligence Agency
Retirement Act of 1964 for Certain Employees
(50 U.S.C. chapter 38);
(C) family, medical, and emergency leave, as
provided under--
(i) subchapters III, IV, and V of chapter
63 of title 5, United States Code;
(ii) the Family and Medical Leave Act of
1993 (29 U.S.C. 2601 et seq.), insofar as that
Act applies to the Government Accountability
Office and the Library of Congress;
(iii) section 202 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1312); and
(iv) section 412 of title 3, United States
Code;
(D) Federal group life insurance, as provided under
chapter 87 of title 5, United States Code;
(E) long-term care insurance, as provided under
chapter 90 of title 5, United States Code;
(F) compensation for work injuries, as provided
under chapter 81 of title 5, United States Code;
(G) benefits for disability, death, or captivity,
as provided under--
(i) sections 5569 and 5570 of title 5,
United States Code;
(ii) section 413 of the Foreign Service Act
of 1980 (22 U.S.C. 3973);
(iii) part L of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796 et seq.), insofar as that part
applies to any employee; and
(H) travel, transportation, and related payments
and benefits, as provided under--
(i) chapter 57 of title 5, United States
Code;
(ii) chapter 9 of the Foreign Service Act
of 1980 (22 U.S.C. 4081 et seq.); and
(iii) section 1599b of title 10, United
States Code; and
(I) any other benefit similar to a benefit
described under subparagraphs (A) through (H) provided
by or on behalf of the United States to any employee.
(2) Domestic partner.--The term ``domestic partner'' means
an adult unmarried person living with another adult unmarried
person of the same sex in a committed, intimate relationship.
(3) Employee.--The term ``employee''--
(A) means an officer or employee of the United
States or of any department, agency, or other entity of
the United States, including the President of the
United States, the Vice President of the United States,
a Member of Congress, or a Federal judge; and
(B) shall not include a member of the uniformed
services.
(4) Obligations.--The term ``obligations'' means any duties
or responsibilities with respect to Federal employment that
would be incurred by a married employee or by the spouse of an
employee.
(5) Uniformed services.--The term ``uniformed services''
has the meaning given under section 2101(3) of title 5, United
States Code.
SEC. 3. EFFECTIVE DATE.
This Act including the amendments made by this Act shall--
(1) with respect to the provision of benefits and
obligations, take effect 6 months after the date of enactment
of this Act; and
(2) apply to any individual who is employed as an employee
on or after the date of enactment of this Act. | Domestic Partnership Benefits and Obligations Act of 2007 - Provides that a federal employee and his or her domestic partner shall be entitled to benefits available to, and shall be subject to obligations imposed upon, a married federal employee and his or her spouse.
Defines "domestic partner" to mean an adult unmarried person living with another adult unmarried person of the same sex in a committed, intimate relationship. Defines "benefits" to include federal health insurance and enhanced dental and vision benefits, retirement and disability benefits, family, medical, and emergency leave, group life insurance, long-term care insurance, compensation for work injuries, and benefits for disability, death, or captivity. Excludes members of the uniformed services from the definition of "employee."
Sets forth requirements for filing: (1) an affidavit of eligibility as such a domestic partner, which shall include a certification that the employee and the domestic partner are each other's sole domestic partners and intend to remain so indefinitely; and (2) a statement upon dissolution of such a domestic partnership. | To provide benefits to domestic partners of Federal employees. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southern California Groundwater
Remediation Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) Groundwater remediation.--The term ``groundwater
remediation'' means actions that are necessary to prevent,
minimize, clean up, or mitigate damage to groundwater.
(2) Local water authority.--The term ``local water
authority'' means a currently existing (on the date of the
enactment of this Act) public water district, public water
utility, public water planning agency, municipality, or Indian
Tribe located within the natural watershed of the Santa Ana
River in the State of California.
(3) Remediation fund.--The term ``Remediation Fund'' means
the Southern California Groundwater Remediation Fund
established pursuant to section 3(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. SOUTHERN CALIFORNIA GROUNDWATER REMEDIATION.
(a) Southern California Groundwater Remediation.--
(1) Establishment of remediation fund.--There shall be
established within the Treasury of the United States an
interest bearing account to be known as the ``Southern
California Groundwater Remediation Fund''.
(2) Administration of remediation fund.--The Remediation
Fund shall be administered by the Secretary, acting through the
Bureau of Reclamation. The Secretary shall administer the
Remediation Fund in cooperation with the local water authority.
(3) Purposes of remediation fund.--
(A) In general.--Subject to subparagraph (B), the
amounts in the Remediation Fund, including interest
accrued, shall be used by the Secretary to provide
grants to the local water authority to reimburse the
local water authority for the Federal share of the
costs associated with designing and constructing
groundwater remediation projects to be administered by
the local water authority.
(B) Cost-sharing limitation.--
(i) In general.--The Secretary may not
obligate any funds appropriated to the
Remediation Fund in a fiscal year until the
Secretary has deposited into the Remediation
Fund an amount provided by non-Federal
interests sufficient to ensure that at least 35
percent of any funds obligated by the Secretary
for a groundwater remediation project are from
funds provided to the Secretary for that
project by the non-Federal interests.
(ii) Non-federal responsibility.--Each
local water authority shall be responsible for
providing the non-Federal amount required by
clause (i) for projects under that local water
authority. The State of California, local
government agencies, and private entities may
provide all or any portion of the non-Federal
amount.
(iii) Credits toward non-federal share.--
For purposes of clause (ii), the Secretary
shall credit the appropriate local water
authority with the value of all prior
expenditures by non-Federal interests made
after January 1, 2000, that are compatible with
the purposes of this section, including--
(I) all expenditures made by non-
Federal interests to design and
construct groundwater remediation
projects, including expenditures
associated with environmental analyses,
and public involvement activities that
were required to implement the
groundwater remediation projects in
compliance with applicable Federal and
State laws; and
(II) all expenditures made by non-
Federal interests to acquire lands,
easements, rights-of-way, relocations,
disposal areas, and water rights that
were required to implement a
groundwater remediation project.
(b) Compliance With Applicable Law.--In carrying out the activities
described in this section, the Secretary shall comply with any
applicable Federal and State laws.
(c) Relationship to Other Activities.--Nothing in this section
shall be construed to affect other Federal or State authorities that
are being used or may be used to facilitate remediation and protection
of the groundwater the natural watershed of the Santa Ana River in the
State of California. In carrying out the activities described in this
section, the Secretary shall integrate such activities with ongoing
Federal and State projects and activities. None of the funds made
available for such activities pursuant to this section shall be counted
against any Federal authorization ceiling established for any
previously authorized Federal projects or activities.
(d) Financial Statements and Audits.--The Secretary shall ensure
that all funds obligated and disbursed under this Act and expended by a
local water authority, are accounted for in accordance with generally
accepted accounting principles and are subjected to regular audits in
accordance with applicable procedures, manuals, and circulars of the
Department of the Interior and the Office of Management and Budget.
(e) Authorization of Appropriations.-- There is authorized to be
appropriated to the Remediation Fund $50,000,000. Such funds shall
remain available until expended. Subject to the limitations in section
4, such funds shall remain available until expended.
SEC. 4. SUNSET OF AUTHORITY.
This Act--
(1) shall take effect on the date of the enactment of this
Act; and
(2) is repealed effective as of the date that is 10 years
after the date of the enactment of this Act.
Passed the House of Representatives April 12, 2005.
Attest:
JEFF TRANDAHL,
Clerk. | Southern California Groundwater Remediation Act - Establishes within the Treasury the Southern California Groundwater Remediation Fund, which shall be used by the Secretary of the Interior, acting through the Bureau of Reclamation, to provide grants to a local water authority within the natural watershed of the Santa Ana River in California for the federal share of costs associated with designing and constructing groundwater remediation projects.
Prohibits the Secretary from obligating any funds appropriated to the Fund in a fiscal year until the Secretary has deposited a matching amount provided by non-federal interests of at least 35 percent for a project. Makes each authority responsible for providing the required non-federal amount. Directs the Secretary to credit the appropriate authority with the value of all prior compatible expenditures by non-federal interests made after January 1, 2000.
Authorizes appropriations. Terminates this Act ten years after the enactment date. | To authorize the Secretary of the Interior, acting through the Bureau of Reclamation and in coordination with other Federal, State, and local government agencies, to participate in the funding and implementation of a balanced, long-term groundwater remediation program in California, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Attorney-Client Privilege Protection
Act of 2006''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Justice is served when all parties to litigation are
represented by experienced diligent counsel.
(2) Protecting attorney-client privileged communications
from compelled disclosure fosters voluntary compliance with the
law.
(3) To serve the purpose of the attorney-client privilege,
attorneys and clients must have a degree of confidence that
they will not be required to disclose privileged
communications.
(4) The ability of an organization to have effective
compliance programs and to conduct comprehensive internal
investigations is enhanced when there is clarity and
consistency regarding the attorney-client privilege.
(5) Prosecutors, investigators, enforcement officials, and
other officers or employees of Government agencies have been
able to, and can continue to, conduct their work while
respecting attorney-client and work product protections and the
rights of individuals, including seeking and discovering facts
crucial to the investigation and prosecution of organizations.
(6) Despite the existence of these legitimate tools, the
Department of Justice and other agencies have increasingly
employed tactics that undermine the adversarial system of
justice, such as encouraging organizations to waive attorney-
client privilege and work product protections to avoid
indictment or other sanctions.
(7) An indictment can have devastating consequences on an
organization, potentially eliminating the ability of the
organization to survive post-indictment or to dispute the
charges against it at trial.
(8) Waiver demands and other tactics of Government agencies
are encroaching on the constitutional rights and other legal
protections of employees.
(9) The attorney-client privilege, work product doctrine,
and payment of counsel fees shall not be used as devices to
conceal wrongdoing or to cloak advice on evading the law.
(b) Purpose.--It is the purpose of this Act to place on each agency
clear and practical limits designed to preserve the attorney-client
privilege and work product protections available to an organization and
preserve the constitutional rights and other legal protections
available to employees of such an organization.
SEC. 3. DISCLOSURE OF ATTORNEY-CLIENT PRIVILEGE OR ADVANCEMENT OF
COUNSEL FEES AS ELEMENTS OF COOPERATION.
(a) In General.--Chapter 201 of title 18, United States Code, is
amended by inserting after section 3013 the following:
``Sec. 3014. Preservation of fundamental legal protections and rights
in the context of investigations and enforcement matters
regarding organizations
``(a) Definitions.--In this section:
``(1) Attorney-client privilege.--The term `attorney-client
privilege' means the attorney-client privilege as governed by
the principles of the common law, as they may be interpreted by
the courts of the United States in the light of reason and
experience, and the principles of article V of the Federal
Rules of Evidence.
``(2) Attorney work product.--The term `attorney work
product' means materials prepared by or at the direction of an
attorney in anticipation of litigation, particularly any such
materials that contain a mental impression, conclusion,
opinion, or legal theory of that attorney.
``(b) In General.--In any Federal investigation or criminal or
civil enforcement matter, an agent or attorney of the United States
shall not--
``(1) demand, request, or condition treatment on the
disclosure by an organization, or person affiliated with that
organization, of any communication protected by the attorney-
client privilege or any attorney work product;
``(2) condition a civil or criminal charging decision
relating to a organization, or person affiliated with that
organization, on, or use as a factor in determining whether an
organization, or person affiliated with that organization, is
cooperating with the Government--
``(A) any valid assertion of the attorney-client
privilege or privilege for attorney work product;
``(B) the provision of counsel to, or contribution
to the legal defense fees or expenses of, an employee
of that organization;
``(C) the entry into a joint defense, information
sharing, or common interest agreement with an employee
of that organization if the organization determines it
has a common interest in defending against the
investigation or enforcement matter;
``(D) the sharing of information relevant to the
investigation or enforcement matter with an employee of
that organization; or
``(E) a failure to terminate the employment of or
otherwise sanction any employee of that organization
because of the decision by that employee to exercise
the constitutional rights or other legal protections of
that employee in response to a Government request; or
``(3) demand or request that an organization, or person
affiliated with that organization, not take any action
described in paragraph (2).
``(c) Inapplicability.--Nothing in this Act shall prohibit an agent
or attorney of the United States from requesting or seeking any
communication or material that such agent or attorney reasonably
believes is not entitled to protection under the attorney-client
privilege or attorney work product doctrine.
``(d) Voluntary Disclosures.--Nothing in this Act is intended to
prohibit an organization from making, or an agent or attorney of the
United States from accepting, a voluntary and unsolicited offer to
share the internal investigation materials of such organization.''.
(b) Conforming Amendment.--The table of sections for chapter 201 of
title 18, United States Code, is amended by adding at the end the
following:
``3014. Preservation of fundamental legal protections and rights in the
context of investigations and enforcement
matters regarding organizations.''. | Attorney-Client Privilege Protection Act of 2006 - Amends the federal criminal code to prohibit any U.S. agent or attorney, in any federal investigation or criminal or civil enforcement matter, from demanding, requesting, or conditioning treatment on the disclosure by an organization (or affiliated person) of any communication protected by the attorney-client privilege or any attorney work product.
Prohibits a U.S. agent or attorney from conditioning a civil or criminal charging decision relating to an organization (or affiliated person) on one or more specified actions, or from using one or more such actions as a factor in determining whether an organization or affiliated person is cooperating with the government.
Numbers among the actions a U.S. agent or attorney may not use as a charging decision condition or a cooperation-determining factor: (1) any valid assertion of the attorney-client privilege or privilege for attorney work product; (2) the provision of counsel to, or contribution to the legal defense fees or expenses of, an employee of the organization; (3) entry into a joint-defense, information-sharing, or common-interest agreement with an employee of the organization if the organization determines it has a common interest in defending against the investigation or enforcement matter; (4) the sharing of relevant information with an employee; or (5) a failure to terminate an employee's employment, or otherwise sanction an employee, because of the employee's decision to exercise his or her constitutional rights or other legal protections in response to a government request.
Prohibits a U.S. agent or attorney from demanding or requesting that an organization or an affiliated person not take any such action. | A bill to provide appropriate protection to attorney-client privileged communications and attorney work product. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elie Wiesel Genocide and Atrocities
Prevention Act of 2018''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that the United States affirms the
critical importance of strengthening the United States Government's
efforts at atrocity prevention and response through interagency
coordination such as the Atrocities Prevention Board (referred to in
this section as the ``Board'') or successor entity. In carrying out the
work of the Board or successor entity, appropriate officials of the
United States Government should--
(1) meet regularly to monitor developments throughout the
world that heighten the risk of atrocities;
(2) identify any gaps in United States foreign policy
concerning regions or particular countries related to atrocity
prevention and response;
(3) facilitate the development and implementation of
policies to enhance the capacity of the United States to
prevent and respond to atrocities worldwide;
(4) provide the President with recommendations to improve
policies, programs, resources, and tools related to atrocity
prevention and response;
(5) conduct outreach, including consultations, not less
frequently than biannually, with representatives of
nongovernmental organizations and civil society dedicated to
atrocity prevention and response;
(6) operate with regular consultation and participation of
designated interagency representatives of relevant Federal
agencies, executive departments, or offices; and
(7) ensure funds are made available for the policies,
programs, resources, and tools related to atrocity prevention
and response, including through mechanisms such as the Complex
Crises Fund or other related accounts.
SEC. 3. STATEMENT OF POLICY.
It shall be the policy of the United States to--
(1) regard the prevention of genocide and other atrocities
as in its national security interests;
(2) mitigate threats to United States security by
addressing the root causes of insecurity and violent conflict
to prevent--
(A) the mass slaughter of civilians;
(B) conditions that prompt internal displacement
and the flow of refugees across borders; and
(C) other violence that wreaks havoc on regional
stability and livelihoods;
(3) enhance the capacity of the United States to identify,
prevent, address, and respond to the drivers of atrocities and
violent conflict as part of the United States' humanitarian,
development, and strategic interests; and
(4) pursue a Government-wide strategy to prevent and
respond to the risk of genocide and other atrocities by--
(A) strengthening the diplomatic, risk analysis and
monitoring, strategic planning, early warning, and
response capacities of the Government;
(B) improving the use of foreign assistance to
respond early, effectively, and urgently in order to
address the root causes and drivers of violence, and
systemic patterns of human rights abuses and
atrocities;
(C) strengthening diplomatic response and the use
of foreign assistance to support transitional justice
measures, including criminal accountability, for past
atrocities;
(D) supporting and strengthening local civil
society, including human rights defenders and others
working to help prevent and respond to atrocities, and
protecting their ability to receive support from and
partner with civil society at large;
(E) promoting financial transparency and enhancing
anti-corruption initiatives as part of addressing a
root cause of insecurity; and
(F) employing a variety of unilateral, bilateral,
and multilateral means to prevent and respond to
conflicts and atrocities by--
(i) placing a high priority on timely,
preventive diplomatic efforts; and
(ii) exercising a leadership role in
promoting international efforts to end crises
peacefully.
SEC. 4. TRAINING OF FOREIGN SERVICE OFFICERS IN CONFLICT AND ATROCITIES
PREVENTION.
Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is
amended--
(1) in subsection (a)(1)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(D) instruction on recognizing patterns of
escalation and early warning signs of potential
atrocities or violence, including gender-based
violence, and methods of conflict assessment,
peacebuilding, mediation for prevention, early action
and response, and transitional justice measures to
address atrocities.''; and
(2) by adding at the end the following new subsection:
``(d) Definition.--In this section, the term `peacebuilding' means
nonviolent activities designed to prevent conflict through--
``(1) addressing root causes of violence;
``(2) promoting sustainable peace;
``(3) delegitimizing violence as a dispute resolution
strategy;
``(4) building capacity within society to peacefully manage
disputes, including the capacity of governments to address
citizen grievances; and
``(5) reducing vulnerability to triggers that may spark
violence.''.
SEC. 5. REPORTS.
Not later than 180 days after the date of the enactment of this Act
and annually thereafter for the following 6 years, the President shall
transmit to the Committee on Foreign Affairs and the Permanent Select
Committee on Intelligence of the House of Representatives and the
Committee on Foreign Relations and the Select Committee on Intelligence
of the Senate a report, with a classified annex if necessary, that
includes--
(1) a review, in consultation with appropriate interagency
representatives, consisting of a detailed description of--
(A) current efforts based on United States and
locally identified indicators, including capacities and
constraints for Government-wide detection, early
warning and response, information-sharing, contingency
planning, and coordination of efforts to prevent and
respond to situations of genocide and atrocities and
other mass violence, such as gender-based violence and
violence against religious minorities;
(B) recommendations to further strengthen United
States capabilities described in subparagraph (A);
(C) funding expended by relevant Federal
departments and agencies on atrocities prevention
activities, including transitional justice measures and
the legal, procedural, and resource constraints faced
by the Department of State and the United States Agency
for International Development throughout respective
budgeting, strategic planning, and management cycles to
support conflict and atrocities prevention activities
in countries identified to be at risk of atrocities;
(D) current annual Government global assessments of
sources of instability, conflict, and atrocities, the
outcomes and findings of such assessments, and, where
relevant, a review of activities, and the efficacy of
such activities, that the Atrocities Prevention Board
or successor entity undertook to respond to sources of
instability, conflict, and atrocities;
(E) consideration of analysis, reporting, and
policy recommendations to prevent and respond to
atrocities produced by civil society, academic, and
other nongovernmental organizations and institutions;
(F) countries and regions at risk of atrocities,
including a description of most likely pathways to
violence, specific risk factors, potential groups of
perpetrators, and at-risk target groups; and
(G) instruction on recognizing patterns of
escalation and early warning signs of potential
atrocities and methods of conflict assessment, peace-
building, mediation for prevention, early action and
response, and transitional justice measures to address
atrocities in the Federal training programs for Foreign
Service officers;
(2) recommendations to ensure shared responsibility by--
(A) enhancing multilateral mechanisms for
preventing atrocities, including strengthening the role
of international organizations and international
financial institutions in conflict prevention,
mitigation, and response; and
(B) strengthening regional organizations;
(3) implementation status of the recommendations contained
in such review; and
(4) identification of the Federal departments and agencies
and civil society, academic, and nongovernmental organizations
and institutions consulted for preparation of such report.
SEC. 6. DEFINITION.
In this Act, the term ``genocide'' means an offense under
subsection (a) of section 1091 of title 18, United States Code, or any
substantially similar conduct.
Passed the House of Representatives July 17, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Elie Wiesel Genocide and Atrocities Prevention Act of 2018 (Sec. 3) This bill states that it shall be U.S. policy to regard the prevention of genocide and other atrocities as in its national security interests. (Sec. 4) The Foreign Service Act of 1980 is amended to provide for the training of Foreign Service officers in recognizing patterns of escalation and early warning signs of potential atrocities or violence, including gender-based violence, and methods of conflict assessment, peace building, and early response. (Sec. 5) The President shall report to Congress regarding U.S. actions to prevent and respond to potential genocides and mass atrocities and countries and regions at risk of atrocities, including descriptions of potential perpetrators and target groups. | Elie Wiesel Genocide and Atrocities Prevention Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campus Fire Safety Right-to-Know Act
of 2001''.
SEC. 2. DISCLOSURE OF FIRE SAFETY OF CAMPUS BUILDINGS.
Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is
amended--
(1) in subsection (a)(1)--
(A) by striking ``and'' at the end of subparagraph
(N);
(B) by striking the period at the end of
subparagraph (O) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(P) the fire safety report prepared by the institution
pursuant to subsection (h).''; and
(2) by adding at the end the following new subsection:
``(h) Disclosure of Fire Safety Standards and Measures.--
``(1) Fire safety reports required.--Each eligible
institution participating in any program under this title
shall, beginning in academic year 2001-2002, and each year
thereafter, prepare, publish, and distribute, through
appropriate publications or mailings, to all current students
and employees, and to any applicant for enrollment or
employment upon request, an annual fire safety report
containing at least the following information with respect to
the campus fire safety practices and standards of that
institution:
``(A) A statement that identifies each student
housing facility of the institution, and whether or not
that facility is equipped with a fire sprinkler system
or other fire safety systems, or both.
``(B) Statistics concerning the occurrence on
campus, during the 2 preceding calendar years for which
data are available, of fires and false fire alarms in
student housing facilities.
``(C) For each such occurrence, a statement of the
human injuries or deaths and the structural damage
caused by the occurrence.
``(D) Information regarding fire alarms, smoke
alarms, the presence of adequate fire escape planning
or protocols (as defined in local fire codes), rules on
portable electrical appliances, smoking and open flames
(such as candles), regular mandatory supervised fire
drills, and planned and future improvement in fire
safety.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to authorize the Secretary to require
particular policies, procedures, or practices by institutions
of higher education with respect to fire safety.
``(3) Reports.--Each institution participating in any
program under this title shall make periodic reports to the
campus community on fires and false fire alarms that are
reported to local fire departments in a manner that will aid
the prevention of similar occurrences.
``(4) Reports to secretary.--On an annual basis, each
institution participating in any program under this title shall
submit to the Secretary a copy of the statistics required to be
made available under paragraph (1)(B). The Secretary shall--
``(A) review such statistics;
``(B) make copies of the statistics submitted to
the Secretary available to the public; and
``(C) in coordination with representatives of
institutions of higher education, identify exemplary
fire safety policies, procedures, and practices and
disseminate information concerning those policies,
procedures, and practices that have proven effective in
the reduction of campus fires.
``(5) Definitions.--In this subsection, the term `campus'
has the meaning provided in subsection (f)(6).''.
SEC. 3. REPORT TO CONGRESS BY SECRETARY OF EDUCATION.
Within one year after the date of enactment of this Act, the
Secretary of Education shall prepare and submit to the Congress a
report containing--
(1) an analysis of the current status of fire safety
systems in college and university facilities, including
sprinkler systems;
(2) an analysis of the appropriate fire safety standards to
apply to these facilities, which the Secretary shall prepare
after consultation with such fire safety experts,
representatives of institutions of higher education, and other
Federal agencies as the Secretary, in the Secretary's
discretion, considers appropriate;
(3) an estimate of the cost of bringing all nonconforming
dormitories and other campus buildings up to current new
building codes; and
(4) recommendations from the Secretary concerning the best
means of meeting fire safety standards in all college
facilities, including recommendations for methods to fund such
cost. | Campus Fire Safety Right-to-Know Act of 2001 - Amends the Higher Education Act of 1965 to require each eligible institution participating in any program under title IV (Student Assistance) to: (1) prepare, publish, and distribute to all current students and employees, and to any applicant for enrollment or employment upon request, an annual fire safety report which discloses specified types of information about that institution's campus fire safety standards and practices; (2) make periodic reports to the campus community on fires and false alarms that are reported to local fire departments, to aid in preventing similar occurrences; and (3) submit annually to the Secretary of Education a copy of statistics on campus occurrences of fires and false fire alarms.Directs the Secretary to: (1) review such statistics; (2) make copies available to the public; (3) identify exemplary fire safety policies, procedures, and practices, and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of campus fires; and (4) report to the Congress analyses of the current status of fire safety systems in college and university facilities, and of the appropriate fire safety standards to apply to these facilities, as well as cost estimates and recommendations. | To provide for disclosure of fire safety standards and measures with respect to campus buildings, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Support Enforcement Act''.
SEC. 2. NO EFFECT ON RIGHTS AND LIABILITIES.
Nothing in this Act shall be construed to affect--
(1) the right of an individual or State to receive any
child support payment; or
(2) the obligation of an individual to pay child support.
SEC. 3. INCLUSION IN INCOME OF AMOUNT OF UNPAID CHILD SUPPORT PAYMENTS.
(a) In General.--Section 108 of the Internal Revenue Code of 1986
(relating to discharge of indebtedness income) is amended by adding at
the end thereof the following new subsection:
``(h) Unpaid Child Support Payments.--
``(1) In general.--For purposes of this chapter, any
taxable unpaid child support payments of a taxpayer for any
taxable year shall be treated as amounts includible in gross
income of the taxpayer for the taxable year by reason of the
discharge of indebtedness of the taxpayer.
``(2) Taxable unpaid child support payments.--For purposes
of this subsection, the term `taxable unpaid child support
payments' means payments--
``(A) which were applicable child support payments
which the taxpayer was required to pay under a support
instrument for the support of a child of the taxpayer,
and
``(B) with respect to which the notice requirements
of paragraph (3) are met.
``(3) Notice requirements.--
``(A) In general.--During January of the second
calendar year following a calendar year in which there
begins a taxable year for which a deduction allowed
under section 166(f) was claimed, the eligible taxpayer
shall send a notice (in such form as the Secretary may
prescribe) to the individual who failed to make
payments which contains--
``(i) the amount of the applicable child
support payments for such taxable year, and
``(ii) notice that the individual is
required to include such amount in gross income
for the taxable year beginning in the preceding
calendar year.
``(B) Notice by secretary.--If notice cannot be
provided under subparagraph (A) because the address is
not known to the eligible taxpayer, the Secretary shall
send such notice if the address is available to the
Secretary.
``(C) Address unknown.--If notice cannot be
provided under subparagraph (A) or (B) because there is
no known address, no income shall be included in gross
income for any taxable year beginning before the
calendar year preceding the calendar year in which such
notice may be sent.
``(4) Subsequent payments.--If any payment required to be
included in gross income under paragraph (1) is subsequently
made, the amount of such payment shall be allowed as a
deduction for the taxable year in which such payment is made.
``(5) Definitions.--For purposes of this subsection, the
terms `applicable child support payments' and `eligible
taxpayer' have the meanings given such terms by section
166(f).''
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1992.
SEC. 4. ALLOWANCE OF BAD DEBT DEDUCTION FOR UNPAID CHILD SUPPORT
PAYMENTS.
(a) In General.--Section 166 of the Internal Revenue Code of 1986
(relating to deduction for bad debts) is amended by redesignating
subsection (f) as subsection (g) and by inserting after subsection (e)
the following new subsection:
``(f) Unpaid Child Support Payments.--
``(1) In general.--In the case of any eligible taxpayer who
has any applicable child support payments remaining unpaid as
of the close of the taxable year--
``(A) subsections (a) and (d) shall not apply to
such payments, and
``(B) there shall be allowed as a deduction for
such taxable year an amount equal to the amount of such
payments.
``(2) Per child limitation on deduction.--The aggregate
amount allowable as a deduction for any taxable year under
paragraph (1) with respect to any child for whom applicable
child support payments are required to be paid shall not exceed
$5,000.
``(3) Eligible taxpayer.--For purposes of this subsection,
the term `eligible taxpayer' means an individual--
``(A) whose adjusted gross income for the taxable
year does not exceed $50,000,
``(B) with respect to whom the amount of applicable
child support payments remaining unpaid as of the close
of the taxable year is equal to or greater than $500,
and
``(C) who meets the identification requirements of
paragraph (5).
``(4) Applicable child support payment.--
``(A) In general.--The term `applicable child
support payment' means, with respect to any taxable
year of the eligible taxpayer--
``(i) any periodic payment of a fixed
amount, or
``(ii) any payment of a medical or
educational expense, insurance premium, or
other similar item,
which is required to be paid to such taxpayer during
such taxable year by an individual under a support
instrument meeting the requirements of paragraph (8)
for the support of any qualifying child of such
individual.
``(B) Qualifying child.--For purposes of this
paragraph, the term `qualifying child' means a child of
an eligible individual with respect to whom a deduction
is allowable under section 151 for the taxable year (or
would be so allowable but for paragraph (2) or (4) of
section 152(e)) or, while eligible for such deduction,
was determined to be disabled under subtitles 2 or 16
of chapter 42.
``(C) Payments must be delinquent for at least
entire year.--Any payment described in subparagraph (A)
which is required to be made by an individual to an
eligible taxpayer shall not be treated as an applicable
unpaid child support payment if at least half of the
payments which are required to be paid to the eligible
taxpayer during the 12-month period ending on the last
day of the taxable year are paid. In the case of the
1st taxable year to which this subsection applies to
payments from any individual, the preceding sentence
shall be applied by substituting `24-month' for `12-
month'.
``(D) Coordination with afdc.--The term `applicable
child support payment' shall not include any payment
the right to which has been assigned to a State under
section 402(a)(26) of the Social Security Act (42
U.S.C. 602(a)(26)).
``(5) Identification requirements.--The requirements of
this paragraph are met if the eligible taxpayer includes on the
return claiming the deduction under this subsection the name,
address, and taxpayer identification number of--
``(A) each child with respect to whom child support
payments to which this subsection applies are required
to be paid, and
``(B) the individual who was required to make such
child support payments.
In the case of a failure to provide the information under
subparagraph (B), the preceding sentence shall not apply if the
eligible taxpayer certifies that any such information is not
known.
``(6) Cost-of-living adjustments.--In the case of any
taxable year beginning after 1993, the $5,000 amount under
paragraph (2), the $50,000 amount under paragraph (3)(A), and
the $500 amount under paragraph (3)(B) shall each be increased
by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, except that section 1(f)(3)(B)
shall be applied by substituting `1992' for `1989'.
``(7) Subsequent payments.--If any payment with respect to
which a deduction was allowed under paragraph (1) is
subsequently made, such payment shall be included in gross
income of the eligible taxpayer for the taxable year in which
paid. This paragraph shall not apply to any amount if an
individual has assigned the right to receive such amount to a
State (and the State does not pay such amount to such
individual).
``(8) Support instrument.--For purposes of this subsection,
a support instrument meets the requirements of this paragraph
if it is--
``(A) a decree of divorce or separate maintenance
or a written instrument incident to such a decree,
``(B) a written separation agreement, or
``(C) a decree (not described in subparagraph (A))
of a court or administrative agency requiring a parent
to make payments for the support or maintenance of 1 or
more children of such parent.''
(b) Deduction for Nonitemizers.--Section 62(a) of such Code is
amended by adding at the end thereof the following new paragraph:
``(15) Unpaid child support payments.--The deduction
allowed by section 166(f).''
(c) Conforming Amendment.--Section 166(d)(2) of such Code is
amended by striking ``or'' at the end of subparagraph (A), by striking
the period at the end of subparagraph (B) and inserting ``, or'' and by
adding at the end thereof the following new subparagraph:
``(C) a debt which is an applicable child support
payment under subsection (f).''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1992.
SEC. 5. REDUCTION OF FEDERAL DEBT.
Net revenues received in the Treasury pursuant to this Act shall be
applied, as provided in appropriation Acts, solely to the retirement of
outstanding public debt obligations of the United States and may not be
obligated or expended for any other purpose, notwithstanding any other
provision of law that does not specifically refer to this section. | Child Support Enforcement Act - Declares that nothing in this Act should be construed to affect the right of an individual or State to receive child support payments or the obligation of an individual to pay child support.
Amends the Internal Revenue Code to require any taxable unpaid child support payments of a taxpayer to be treated as amounts includible in gross income by reason of the discharge of indebtedness of the taxpayer. Allows a deduction for subsequently made payments.
Allows a nonbusiness bad debt deduction for unpaid child support payments. Limits such deduction to $5,000 per child. Allows such deduction to taxpayers whose gross income does not exceed $5,000 and who are owed payments of at least $500. Requires payments to be delinquent during the entire taxable year. Provides a cost-of-living adjustment for amounts under this Act. Requires subsequent payments to be included in the gross income of the recipient.
Requires net revenues from this Act to be applied to the retirement of outstanding public debt obligations. | Child Support Enforcement Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Newborns' and Mothers' Health
Protection Act of 1996''.
SEC. 2. FINDING.
Congress finds that--
(1) the length of post-delivery inpatient care should be
based on the unique characteristics of each mother and her
newborn child, taking into consideration the health of the
mother, the health and stability of the infant, the ability and
confidence of the mother to care for her infant, the adequacy
of support systems at home, and the access of the mother and
infant to appropriate follow-up health care; and
(2) the timing of the discharge of a mother and her newborn
child from the hospital should be made by the attending
provider in consultation with the mother.
SEC. 3. REQUIRED COVERAGE FOR MINIMUM HOSPITAL STAY FOLLOWING BIRTH.
(a) In General.--Except as provided in subsection (b), a health
plan or an employee health benefit plan that provides maternity
benefits, including benefits for childbirth, shall ensure that coverage
is provided with respect to a mother who is a participant, beneficiary,
or policyholder under such plan and her newborn child for a minimum of
48 hours of in-patient care following a normal vaginal delivery, and a
minimum of 96 hours of in-patient care following a caesarean section,
without requiring the attending provider to obtain authorization from
the health plan or employee health benefit plan in order to keep a
mother and her newborn child in the inpatient setting for such period
of time.
(b) Exception.--Notwithstanding subsection (a), a health plan or an
employee health benefit plan shall not be required to provide coverage
for post-delivery in-patient care for a mother who is a participant,
beneficiary, or policyholder under such plan and her newborn child
during the period referred to in subsection (a) if--
(1) a decision to discharge the mother and her newborn
child prior to the expiration of such period is made by the
attending provider in consultation with the mother; and
(2) the health plan or employee health benefit plan
provides coverage for post-delivery follow-up care as described
in section 4.
SEC. 4. POST-DELIVERY FOLLOW-UP CARE.
(a) In General.--In the case of a decision to discharge a mother
and her newborn child from the inpatient setting prior to the
expiration of 48 hours in the case of a normal vaginal delivery or 96
hours in the case of a caesarean section, the health plan or employee
health benefit plan shall provide coverage for timely post-delivery
care. Such health care shall be provided to a mother and her newborn
child by a registered nurse, physician, nurse practitioner, nurse
midwife or physician assistant experienced in maternal and child health
in--
(1) the home, a provider's office, a hospital, a federally
qualified health center, a federally qualified rural health
clinic, or a State health department maternity clinic; or
(2) another setting determined appropriate under
regulations promulgated by the Secretary, in consultation with
the Secretary of Health and Human Services, (including a
birthing center or an intermediate care facility);
except that such coverage shall ensure that the mother has the option
to be provided with such care in the home.
(b) Timely Care.--As used in subsection (a), the term ``timely
post-delivery care'' means health care that is provided--
(1) following the discharge of a mother and her newborn
child from the inpatient setting; and
(2) in a manner that meets the health care needs of the
mother and her newborn child, that provides for the appropriate
monitoring of the conditions of the mother and child, and that
occurs within the 24- to 72-hour period immediately following
discharge.
(c) Consistency With State Law.--The Secretary shall, with respect
to regulations promulgated under subsection (a) concerning appropriate
post-delivery care settings, ensure that, to the extent practicable,
such regulations are consistent with State licensing and practice laws.
SEC. 5. PROHIBITIONS.
(a) Terms and Conditions.--In implementing the requirements of this
Act, a health plan or an employee health benefit plan may not--
(1) deny enrollment, renewal, or continued coverage to a
mother and her newborn child who are participants,
beneficiaries or policyholders based on compliance with this
Act;
(2) provide monetary incentives to mothers to encourage
such mothers to request less than the minimum coverage required
under this Act; or
(3) provide incentives (monetary or otherwise) to an
attending provider to induce such provider to provide treatment
in a manner inconsistent with this Act.
(b) Providers.--In implementing the requirements of this section, a
health plan or an employee health benefit plan may not penalize or
otherwise reduce or limit the reimbursement of an attending provider
because such provider provided treatment in accordance with this Act.
(c) Rule of Construction.--Nothing in this Act shall be construed
to require that a mother who is a participant, beneficiary, or
policyholder covered under this Act--
(1) give birth in a hospital; or
(2) stay in the hospital for a fixed period of time
following the birth of her child.
SEC. 6. NOTICE.
(a) Employee Health Benefit Plan.--An employee health benefit plan
shall provide notice to each participant regarding coverage required
under this Act in accordance with regulations promulgated by the
Secretary.
(b) Health Plan.--A health plan shall provide notice to each
policyholder regarding coverage required under this Act.
(c) Requirements.--Notice required under this section shall be in
writing, prominently positioned in, and be transmitted--
(1) in a mailing made within 120 days of the date of
enactment of this Act by such plan to the participant or
policyholder; and
(2) as part of the annual informational packet sent to the
participant or policyholder.
SEC. 7. APPLICABILITY.
(a) Construction.--
(1) In general.--A requirement or standard imposed under
this Act on a health plan shall be deemed to be a requirement
or standard imposed on the health plan issuer. Such
requirements or standards shall be enforced by the State
insurance commissioner for the State involved or the official
or officials designated by the State to enforce the
requirements of this Act. In the case of a health plan offered
by a health plan issuer in connection with an employee health
benefit plan, the requirements or standards imposed under this
Act shall be enforced with respect to the health plan issuer by
the State insurance commissioner for the State involved or the
official or officials designated by the State to enforce the
requirements of this Act.
(2) Limitation.--Except as provided in section 8(c), the
Secretary shall not enforce the requirements or standards of
this Act as they relate to health plan issuers or health plans.
In no case shall a State enforce the requirements or standards
of this Act as they relate to employee health benefit plans.
(b) Rule of Construction.--Nothing in this Act shall be construed
to affect or modify the provisions of section 514 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1144).
SEC. 8. ENFORCEMENT.
(a) Health Plan Issuers.--Each State shall require that each health
plan issued, sold, renewed, offered for sale or operated in such State
by a health plan issuer meet the standards established under this Act.
A State shall submit such information as required by the Secretary
demonstrating effective implementation of the requirements of this Act.
(b) Employee Health Benefit Plans.--With respect to employee health
benefit plans, the standards established under this Act shall be
enforced in the same manner as provided for under sections 502, 504,
506, and 510 of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1132, 1134, 1136, and 1140). The civil penalties contained in
paragraphs (1) and (2) of section 502(c) of such Act (29 U.S.C. 1132(c)
(1) and (2)) shall apply to any information required by the Secretary
to be disclosed and reported under this section.
(c) Failure To Enforce.--In the case of the failure of a State to
substantially enforce the standards and requirements set forth in this
Act with respect to health plans, the Secretary, in consultation with
the Secretary of Health and Human Services, shall enforce the standards
of this Act in such State. In the case of a State that fails to
substantially enforce the standards set forth in this Act, each health
plan issuer operating in such State shall be subject to civil
enforcement as provided for under sections 502, 504, 506, and 510 of
the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132,
1134, 1136, and 1140). The civil penalties contained in paragraphs (1)
and (2) of section 502(c) of such Act (29 U.S.C. 1132(c) (1) and (2))
shall apply to any information required by the Secretary to be
disclosed and reported under this section.
(d) Regulations.--The Secretary, in consultation with the Secretary
of Health and Human Services, may promulgate such regulations as may be
necessary or appropriate to carry out this Act.
SEC. 9. DEFINITIONS.
As used in this Act:
(1) Attending provider.--The term ``attending provider''
shall include the obstetrician-gynecologists, pediatrician,
family physician, or other physician attending the mother or
newly born child. Such term shall also include any other health
care provider who, in accordance with applicable State law, may
be primarily responsible for the care of a mother and her
newborn child (including nurse midwives and nurse
practitioners).
(2) Beneficiary.--The term ``beneficiary'' has the meaning
given such term under section 3(8) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002(8)).
(3) Employee health benefit plan.--
(A) In general.--The term ``employee health benefit
plan'' means any employee welfare benefit plan,
governmental plan, or church plan (as defined under
paragraphs (1), (32), and (33) of section 3 of the
Employee Retirement Income Security Act of 1974 (29
U.S.C. 1002 (1), (32), and (33))) that provides or pays
for health benefits (such as provider and hospital
benefits) for participants and beneficiaries whether--
(i) directly;
(ii) through a health plan offered by a
health plan issuer as defined in paragraph (4);
or
(iii) otherwise.
(B) Rule of construction.--An employee health
benefit plan shall not be construed to be a health plan
or a health plan issuer.
(C) Arrangements not included.--Such term does not
include the following, or any combination thereof:
(i) Coverage only for accident, or
disability income insurance, or any combination
thereof.
(ii) Medicare supplemental health insurance
(as defined under section 1882(g)(1) of the
Social Security Act).
(iii) Coverage issued as a supplement to
liability insurance.
(iv) Liability insurance, including general
liability insurance and automobile liability
insurance.
(v) Workers compensation or similar
insurance.
(vi) Automobile medical payment insurance.
(vii) Coverage for a specified disease or
illness.
(viii) Hospital or fixed indemnity
insurance.
(ix) Short-term limited duration insurance.
(x) Credit-only, dental-only, or vision-
only insurance.
(xi) A health insurance policy providing
benefits only for long-term care, nursing home
care, home health care, community-based care,
or any combination thereof.
(4) Group purchaser.--The term ``group purchaser'' means
any person (as defined under paragraph (9) of section 3 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(9)) or entity that purchases or pays for health benefits
(such as provider or hospital benefits) on behalf of
participants or beneficiaries in connection with an employee
health benefit plan.
(5) Health plan.--
(A) In general.--The term ``health plan'' means any
group health plan or individual health plan.
(B) Group health plan.--The term ``group health
plan'' means any contract, policy, certificate or other
arrangement offered by a health plan issuer to a group
purchaser that provides or pays for health benefits
(such as provider and hospital benefits) in connection
with an employee health benefit plan.
(C) Individual health plan.--The term ``individual
health plan'' means any contract, policy, certificate
or other arrangement offered to individuals by a health
plan issuer that provides or pays for health benefits
(such as provider and hospital benefits) and that is
not a group health plan.
(D) Arrangements not included.--Such term does not
include the following, or any combination thereof:
(i) Coverage only for accident, or
disability income insurance, or any combination
thereof.
(ii) Medicare supplemental health insurance
(as defined under section 1882(g)(1) of the
Social Security Act).
(iii) Coverage issued as a supplement to
liability insurance.
(iv) Liability insurance, including general
liability insurance and automobile liability
insurance.
(v) Workers compensation or similar
insurance.
(vi) Automobile medical payment insurance.
(vii) Coverage for a specified disease or
illness.
(viii) Hospital or fixed indemnity
insurance.
(ix) Short-term limited duration insurance.
(x) Credit-only, dental-only, or vision-
only insurance.
(xi) A health insurance policy providing
benefits only for long-term care, nursing home
care, home health care, community-based care,
or any combination thereof.
(E) Certain plans included.--Such term includes any
plan or arrangement not described in any clause of
subparagraph (D) which provides for benefit payments,
on a periodic basis, for--
(i) a specified disease or illness, or
(ii) a period of hospitalization,
without regard to the costs incurred or services
rendered during the period to which the payments
relate.
(6) Health plan issuer.--The term ``health plan issuer''
means any entity that is licensed (prior to or after the date
of enactment of this Act) by a State to offer a health plan.
(7) Participant.--The term ``participant'' has the meaning
given such term under section 3(7) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002(7)).
(8) Secretary.--The term ``Secretary'' unless otherwise
specified means the Secretary of Labor.
SEC. 10. PREEMPTION.
The provisions of this Act shall not preempt those provisions of
State law that require health plans to provide a minimum of 48 hours of
in-patient care in the case of a normal vaginal delivery, and 96 hours
of in-patient care in the case of a caesarean section, or that require
health plans to provide for maternity and pediatric care that is in
accordance with guidelines established by the American College of
Obstetricians and Gynecologists and the American Academy of Pediatrics,
and to provide follow-up care consistent with this Act.
SEC. 11. EFFECTIVE DATE.
Except as otherwise provided for in this Act, the provisions of
this Act shall apply as follows:
(1) With respect to health plans, such provisions shall
apply to plans offered, sold, issued, renewed, in effect, or
operated on or after January 1, 1997.
(2) With respect to employee health benefit plans, such
provisions shall apply to such plans on the first day of the
first plan year beginning on or after January 1, 1997. | Newborns' and Mothers' Health Protection Act of 1996 - Requires health plans and employee health benefit plans that provide maternity (including childbirth) benefits to ensure that coverage is provided for: (1) specified minimum periods after delivery; and (2) certain post-delivery care. | Newborns' and Mothers' Health Protection Act of 1996 |
SECTION 1. FINDINGS.
The Congress finds the following:
(1) The National Park Service administers Federal parks,
monuments, and reservations, to conserve the scenery, the
natural and historic objects, and wildlife therein, and
provides for the enjoyment of the same in such manner and by
such means as will leave them unimpaired for the enjoyment of
future generations.
(2) It is the function of the Federal Aviation
Administration to manage the safe and efficient use of the
navigable airspace of the United States, as provided for in the
Federal Aviation Act of 1958 (49 U.S.C. App. 1301 et seq.).
(3) The National Park Service lands in the State of Hawaii,
consisting of Kaloko-Honokohau National Historical Park,
Kalaupapa National Historical Park, Pu'u honua o Honaunau
National Historical Park, Pu'u Kohola Heiau National Historic
Site, Haleakala National Park, and Hawaii Volcanoes National
Park, are managed for the purposes of wilderness preservation,
protecting natural, cultural, historical, and wildlife
resources, and for promotion of the public enjoyment and use of
these resources.
(4) Haleakala and Hawaii Volcanoes National Parks are
designated by the United Nations as International Biosphere
Reserves because of their internationally significant scenery
and plant and animal communities, and furthermore that Hawaii
Volcanoes National Park is designated by the United Nations as
a World Heritage Site because of the significance of Mauna Loa
and Kilauea Volcanoes.
(5) In recognition of the values for which National Park
Service lands are managed, an above ground level (AGL) minimum
altitude of 1,500 feet shall be established for aircraft flying
in airspace over certain lands administered by the National
Park Service.
(6) The auditory and visual intrusion of aircraft flying at
low altitudes is the source of public complaint in certain
areas administered by the National Park Service.
(7) Aircraft flying at low altitudes may pose a potential
hazard to wildlife in certain areas administered by the
National Park Service.
(8) Aircraft flying at low altitudes over large
concentrations of migratory birds may pose a potential safety
hazard to pilots and passengers in certain areas administered
by the National Park Service.
(9) The Federal Aviation Administration and National Park
Service shall act in cooperation to reduce the incidence of
low-flying aircraft, including fixed-wing aircraft,
helicopters, ultralight vehicles, balloons, and gliders over
National Park Service administered land by complying with the
1,500 feet AGL minimum altitude requirement, and to avoid
flying over areas which the National Park Service designates as
noise-sensitive, and to respect standoff distances away from
areas which the National Park Service designates as primary
visitor use areas.
SEC. 2. NATIONAL PARK SERVICE RESPONSIBILITIES.
The Director of the National Park Service shall be responsible for
the following:
(1) Identification of specific areas.--Identifying specific
areas where low-flying aircraft may constitute an adverse
impact on resources and conveying specific information,
including annotated maps, which indicate designated flight-free
areas and primary visitor use areas, to the Federal Aviation
Administration for appropriate action as described in section
3.
(2) Low-flying reporting system.--Developing and
implementing a standardized reporting system acceptable to the
Federal Aviation Administration to document instances of low-
flying aircraft over National Park Service administered lands.
This reporting system shall provide for transmittal of such
documentation in a timely manner to the Honolulu Federal
Aviation Administration Flight Standards district office.
(3) Training.--Developing training programs and
instructional materials for National Park Service personnel to
enable them to recognize and report instances of low-flying
aircraft in a competent and professional manner. The
appropriate training programs of the National Park Service
shall expand to incorporate the subject matter into in-service
training requirements. The Director of the National Park
Service shall seek the assistance of the Federal Aviation
Administration to help develop training curricula.
(4) Quarterly meeting.--Making personnel available from the
National Park Service to meet quarterly with the Federal
Aviation Administration and affected pilots to discuss
resources management objectives and issues associated with low-
flying aircraft.
SEC. 3. FEDERAL AVIATION RESPONSIBILITIES.
The Administrator of the Federal Aviation Administration shall be
responsible for the following:
(1) Communication with pilots.--Communicating to pilots the
concerns and objectives of the National Park Service about low-
flying aircraft in specified areas, using advisories,
bulletins, the Federal Aviation Administration publication The
Federal Aviation News, the ongoing ``Accident Prevention
Program'' for routine pilots' contact, and other means of
communications with pilots, and to impress upon pilots that
pilot participation is strongly encouraged to ensure protection
of resources and the enjoyment of natural areas by the public.
(2) Investigations.--Investigating instances of pilot
deviations from the Federal Aviation Administration requested
minimum altitude over areas, and National Park Service-
designated flight-free and primary visitor use areas in lands
administered by the National Park Service, and taking action to
discourage deviations with the objectives of reducing or
eliminating such incidents in these areas.
(3) Military aircraft.--Assisting the National Park Service
in communicating with the various agencies of the Department of
Defense with regard to military aircraft operations over
National Park Service administered areas.
(4) Availability of status and results of investigations.--
Making available to the National Park Service, at the Federal
Aviation Administration Flight Standards district office, the
status and results of the Federal Aviation Administration's
investigation of instances reported by the National Park
Service.
(5) Support of aviation groups.--Enlisting the support of
all aviation groups and organizations by requesting they
disseminate information about problems associated with aircraft
operating at low altitudes over areas administered by the
National Park Service.
(6) Meetings with national park service.--Assisting the
National Park Service in combating problems associated with
low-flying aircraft by participating in appropriate meetings at
field and regional levels.
SEC. 4. FLIGHT RESTRICTION DESIGNATIONS.
(a) Kaloko Honokohau, Pu'u honua o Honaunau, Pu'u kohola Heiau, and
Kalaupapa National Historical Parks.--Inasmuch as Kaloko Honokohau,
Pu'u honua o Honaunau, Pu'u kohola Heiau, and Kalaupapa National
Historical Parks are mandated to protect historical, cultural, and
religious values, and other resources considered sacred to Hawaiian
people, all, in their entirety are considered noise-sensitive and shall
not be overflown by commercial tour aircraft. Commercial fixed-wing
aircraft which are not on scenic tours may overfly Kaloko Honokohau
when it is unsafe to use alternative approaches to Keahole Airport.
Furthermore, inasmuch as those areas are small and are entirely primary
visitor use areas, scenic tour aircraft shall maintain a 2-mile
standoff distance.
(b) Haleakala National Park.--Inasmuch as Haleakala National Park
is mandated to protect natural and cultural resources, and especially
rare and endangered plant and animal species, magnificent scenery, and
tranquil and unique wilderness, the Crater District and Kipahulu
Valley, including adjacent rain forest areas within the Park, in their
entirety, are considered noise-sensitive and shall not be overflown.
Furthermore, inasmuch as the overlook near the Sliding Sands trailhead
is a primary visitor use area where people often are assembled on the
ground, a two-mile stand-off distance shall be maintained.
(c) Hawaii Volcanoes National Park.--Inasmuch as Hawaii Volcanoes
National Park is mandated to protect natural and cultural resources,
and especially rare and endangered plant and animal species,
magnificent scenery, and tranquil and unique wilderness, the designated
wilderness areas, in their entirety, consisting of Mauna Loa, Ola's
Forest, East Rift, and Kau Desert, and the summit of Kilauea, and the
coastal area between Ka'aha and Kamoamoa are considered noise-sensitive
and shall not be overflown. Furthermore, inasmuch as the Kilauea
summit, the Chain of Craters corridor, and the Kamoamoa village sites
are primary visitor use areas where people often are assembled on the
ground, a 2-mile standoff distance shall be maintained.
(d) Minimum Altitude Restriction.--It shall be unlawful for any
fixed wing aircraft or helicopter flying under visual flight rules to
fly at an altitude of less than 1,500 feet over the surface of any
National Park System lands in the State of Hawaii not subject to
subsections (a) through (c) of this section. For purposes of this
paragraph, the term ``surface'' refers to the highest terrain within
such lands which is within 1,500 feet laterally of the route of flight.
For purposes of enforcement, the prohibition pursuant to this
subsection shall be treated as a requirement established pursuant to
section 307 of the Federal Aviation Act of 1958. To provide information
to pilots regarding the restrictions established under this subsection,
the Administrator of the Federal Aviation Administration shall provide
public notice of such restrictions in appropriate Federal Aviation
Administration publications as soon as practicable after the enactment
of this Act.
SEC. 5. FEDERAL AVIATION ADMINISTRATION AND NATIONAL PARK SERVICE JOINT
RESPONSIBILITY.
The Administrator of the Federal Aviation Administration and the
Director of the National Park Service shall jointly be responsible for
the following:
(1) Additional assessments.--Assess situations in addition
to those specified in section 4 where impacts of aircraft
operations upon human, cultural, or natural resources are
sufficiently serious to warrant consideration of site-specific
action by the Federal Aviation Administration to minimize or
eliminate the causes of such problems.
(2) Informational materials and scientific studies.--
Prepare public informational materials, including printed
matter and audio-visual programs, for communication to pilots
using existing Federal Aviation Administration pilot-contact
meetings and programs, aviation periodicals, and other means of
generating pilot understanding of National Park Service
resources management objectives. Where appropriate, the Federal
Aviation Administration and the National Park Service will
share information on techniques of conducting scientific
studies and data collection to facilitate understanding of the
impact of aircraft operations on affected resources.
(3) Procedures.--Work together to define procedures for use
at national headquarters and field office levels to address
overflight issues over public land areas.
SEC. 6. APPLICABILITY OF CERTAIN REGULATIONS TO CERTAIN SIGHTSEEING
FLIGHTS.
Parts 91 and 135 of title 14 of the Code of Federal Regulations,
relating to general operating and flight rules and to air taxi
operators and commercial operators, respectively, shall apply to
nonstop sightseeing flights that begin and end at the same airport and
are conducted within a 25 statute mile radius of the airport. | Requires the Director of the National Park Service (NPS) to: (1) identify areas where low-flying aircraft may constitute an adverse impact on resources and convey specific information, including annotated maps, which indicates designated flight-free areas and primary visitor use areas, to the Federal Aviation Administration (FAA); (2) develop a standardized reporting system acceptable to the FAA to document instances of low-flying aircraft over NPS lands for transmittal to the Honolulu FAA Flight Standards district office; (3) develop training programs and instructional materials enabling NPS personnel to recognize and report instances of low-flying aircraft; and (4) provide for quarterly meetings between NPS personnel and the FAA and affected pilots to discuss resources management objectives and issues associated with low-flying aircraft.
(Sec. 3) Requires the FAA Administrator to: (1) communicate with pilots regarding NPS concerns and objectives about low-flying aircraft in specified areas; (2) investigate pilot deviations from the requirements of this Act and take action to discourage such deviations; (3) provide assistance to the NPS in communicating with various agencies in the Department of Defense about military aircraft operations over NPS areas; (4) make the results of such investigation available to the NPS at the FAA Flight Standards district office; (5) enlist the support of all aviation groups and organizations; and (6) participate in appropriate meetings at field and regional levels to assist the NPS in combating problems associated with low-flying aircraft.
(Sec. 4) Prohibits the flying of commercial tour aircraft over Kaloko Honokohau, Pu'u honua o Honaunau, Pu'u kohola Heiau, and Kalaupapa National Historical Parks, Haleakala National Park, and Hawaii Volcanoes National Park. Requires scenic tour aircraft to maintain a two-mile standoff distance from such areas.
Makes it unlawful for any fixed wing aircraft or helicopter flying under visual flight rules to fly at less than 1,500 feet over the surface of any NPS lands in Hawaii not subject to earlier provisions of this Act.
(Sec. 5) Lists joint responsibilities of the Director and the Administrator regarding additional assessments of adverse impacts of aircraft operators, means of generating pilot understanding of NPS resource management objectives, and procedures for addressing public land over-flight issues.
(Sec. 6) Makes Federal regulations relating to general operating and flight rules and to air taxi operators and commercial operators applicable to nonstop sightseeing flights that begin and end at the same airport and are conducted within a 25 statute mile radius of the airport. | To provide for the regulation of the airspace over National Park System lands in the State of Hawaii by the Federal Aviation Administration and the National Park Service, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Telecommunications
Act of 1997''.
SEC. 2. ESTABLISHMENT OF INDIAN TELECOMMUNICATIONS POLICY.
(a) Amendment.--Title I of the Communications Act of 1934 is
amended by inserting after section 11 (47 U.S.C. 161) the following new
section:
``SEC. 12. ESTABLISHMENT OF INDIAN TELECOMMUNICATIONS POLICY.
``(a) Findings.--The Congress finds that--
``(1) Indian and Alaskan Native people live in some of the
most geographically remote areas of the country, with 50
percent of Indian and Alaskan Native people living in Oklahoma,
California, South Dakota, Arizona, New Mexico, Alaska, and
Washington;
``(2) Indian poverty in reservation areas is 3.9 times the
national average rate;
``(3) the average phone penetration rates for rural Native
Americans is only 50 percent and actual penetration rates are
often much lower;
``(4) what phone service there is in Indian country is
often substandard and prohibitively expensive;
``(5) the Telecommunications Act of 1996 establishes a
Federal-State Joint Board which issued recommendations on how
to make low-cost telephone service affordable to all and to
define what is deemed to be `universal service';
``(6) the Telecommunications Act of 1996 requires the
Federal Communications Commission to implement the
recommendations from the Joint Board by May 8, 1997;
``(7) the benefits of Federal universal service policies
have often not reached Indian country;
``(8) the Federal Government and the States have not
historically adequately required telecommunications carriers to
provide telecommunications services on Indian lands; and
``(9) the United States recognizes the sovereignty of
Indian tribes in relation to the States through a government-
to-government relationship, as reflected in the Constitution,
treaties, Federal statutes, and the course of dealings of the
United States with Indian tribes.
``(b) Policy Required.--Within 120 days after the date of enactment
of this section, the Commission shall initiate a proceeding to develop
and establish an official policy regarding the relations between the
Commission and American Indians, including Alaskan Natives. In
establishing such policy, the Commission shall--
``(1) recognize--
``(A) the special needs of American Indians,
including Alaskan Natives, as determined under
subsection (a);
``(B) the sovereign authority of tribal
governments; and
``(C) the trust obligations of the United States;
``(2) promote the exercise of sovereign authority of tribal
governments over the establishment of communications policies
and regulations within their jurisdictions;
``(3) seek to promote Native Americans', including Alaskan
Natives', participation in the consumption and provision of
telecommunications services; and
``(4) not preclude the opportunity for improved
negotiations between tribes and the States.
``(c) Notice Obligations.--The policy established pursuant to
subsection (b) shall include procedures for giving Native Americans,
including Alaskan Natives, notice and the opportunity for meaningful
participation and comment in any proceedings affecting tribal lands,
including competitive bidding conducted under section 309(j) of bands
of frequencies in areas under the jurisdiction of tribal governments.
``(d) Forbearance.--The Commission shall forbear from applying any
provision of this Act or any regulation thereunder to the extent that
such forbearance--
``(1) is necessary to ensure compliance with the trust
responsibility of the United States; and
``(2) is consistent with the public interest.
``(e) Triennial Review.--The Commission shall review and revise as
necessary the policies established pursuant to subsection (b) at least
once every 3 years after the establishment of such policies.''.
(b) Conforming Amendment.--Section 309(j)(3)(B) of such Act (47
U.S.C. 309(j)(3)(B)) is amended by inserting ``Indian tribes, Alaskan
Native villages,'' after ``including''.
SEC. 3. ATTAINMENT OF UNIVERSAL SERVICE PRINCIPALS IN INDIAN COUNTRY.
Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is
amended--
(1) in subsection (b)--
(A) by redesignating paragraph (7) as paragraph
(8); and
(B) by inserting after paragraph (6) the following
new paragraph:
``(7) Access by native americans.--Because States have not
historically exercised the authority to require
telecommunications carriers to deliver services on Indian
lands, and because of the trust responsibilities of the United
States, the responsibility to ensure the delivery of
telecommunications and information services to Native
Americans, including Alaskan Natives, at just, reasonable, and
affordable rates is a Federal responsibility that should be
assured by means of the Federal support mechanisms established
under this section, taking into account any support mechanisms
established by the States.''; and
(2) by adding at the end the following new subsection:
``(l) Maintenance of Native American Subscribership and
Affordability Data.--The Commission shall prescribe such regulations as
are necessary to obtain reliable statistics concerning the extent of
subscribership to, and the affordability of, telecommunications and
information services on Indian lands. Such data shall be maintained by
the Commission in a form that is easily accessible to the public. The
Commission shall periodically review and summarize such data in its
annual reports under section 4(k), and shall, on the basis of such
review, take such other actions as are necessary to carry out the
purposes of this section with respect to the delivery of
telecommunications and information services to Native Americans,
including Alaskan Natives, at just, reasonable, and affordable
rates.''.
SEC. 4. INFRASTRUCTURE DEVELOPMENT POLICY INITIATIVES.
Section 103 of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 902) is amended by adding at
the end the following new subsection:
``(d) Native American Telecommunications Infrastructure Policy
Initiatives.--In carrying out the authority to serve as the President's
adviser under subsection (b)(2)(D), the Assistant Secretary and the
NTIA shall be responsible for designing and proposing policy
initiatives to encourage investment in, and the deployment of,
telecommunications systems on Indian lands.''. | Native American Telecommunications Act of 1997 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to initiate a proceeding to develop and establish an official policy regarding the relations between FCC and American Indians (including Alaskan Natives). Requires the policy to include procedures for giving Native Americans notice and the opportunity for meaningful participation and comment in any proceedings affecting tribal lands, including competitive bidding conducted for bands of frequencies in areas under the jurisdiction of tribal governments.
Requires a review and revision as necessary of such policies at least every three years.
Requires the Federal-State Joint Board and the FCC to include access by Native Americans as a principal for the preservation and advancement of universal service.
Requires the FCC to: (1) prescribe regulations necessary to obtain reliable statistics concerning the extent of subscribership to, and the affordability of, telecommunications and information services on Indian lands; (2) periodically review and summarize such data in its annual reports; and (3) take necessary actions to deliver telecommunications and information services to Native Americans at just, reasonable, and affordable rates.
Amends the National Telecommunications and Information Administration Organization Act to make the Assistant Secretary of Commerce for Communications and Information and the National Telecommunications and Information Administration responsible for designing and proposing policy initiatives to encourage investment in, and the deployment of, telecommunications systems on Indian lands. | Native American Telecommunications Act of 1997 |
SECTION 1. CHANGE IN COMPOSITION, OPERATION, AND DUTIES OF THE BOARD OF
DIRECTORS OF THE TENNESSEE VALLEY AUTHORITY.
(a) In General.--The Tennessee Valley Authority Act of 1933 (16
U.S.C. 831 et seq.) is amended by striking section 2 and inserting the
following:
``SEC. 2. MEMBERSHIP, OPERATION, AND DUTIES OF THE BOARD OF DIRECTORS.
``(a) Membership.--
``(1) Appointment.--The Board of Directors of the
Corporation (referred to in this Act as the `Board') shall be
composed of 14 members appointed by the President by and with
the advice and consent of the Senate.
``(2) Composition.--The Board shall be composed of 14
members, of whom--
``(A) 2 members shall be residents of Alabama;
``(B) 2 members shall be residents of Georgia;
``(C) 2 members shall be residents of Kentucky;
``(D) 2 members shall be residents of Mississippi;
``(E) 2 members shall be residents of North
Carolina;
``(F) 2 members shall be residents of Tennessee;
and
``(G) 2 members shall be residents of Virginia.
``(b) Qualifications.--
``(1) In general.--To be eligible to be appointed as a
member of the Board, an individual--
``(A) shall be a citizen of the United States;
``(B) shall not be an employee of the Corporation;
``(C) shall have no substantial direct financial
interest in--
``(i) any public-utility corporation
engaged in the business of distributing and
selling power to the public; or
``(ii) any business that may be adversely
affected by the success of the Corporation as a
producer of electric power; and
``(D) shall profess a belief in the feasibility and
wisdom of this Act.
``(2) Party affiliation.--Not more than 8 of the 14 members
of the Board may be affiliated with a single political party.
``(c) Terms.--
``(1) In general.--A member of the Board shall serve a term
of 4 years except that in first making appointments after the
date of enactment of this paragraph, the President shall
appoint--
``(A) 5 members to a term of 2 years;
``(B) 6 members to a term of 3 years; and
``(C) 3 members to a term of 4 years.
``(2) Vacancies.--A member appointed to fill a vacancy in
the Board occurring before the expiration of the term for which
the predecessor of the member was appointed shall be appointed
for the remainder of that term.
``(3) Reappointment.--
``(A) In general.--A member of the Board that was
appointed for a full term may be reappointed for 1
additional term.
``(B) Appointment to fill vacancy.--For the purpose
of subparagraph (A), a member appointed to serve the
remainder of the term of a vacating member for a period
of more than 2 years shall be considered to have been
appointed for a full term.
``(d) Quorum.--
``(1) In general.--Eight members of the Board shall
constitute a quorum for the transaction of business.
``(2) Minimum number of members.-- A vacancy in the Board
shall not impair the power of the Board to act, so long as
there are 8 members in office.
``(e) Compensation.--
``(1) In general.--A member of the Board shall be entitled
to receive--
``(A) a stipend of $30,000 per year; and
``(B) travel expenses, including per diem in lieu
of subsistence, in the same manner as persons employed
intermittently in Government service under section 5703
of title 5, United States Code.
``(2) Adjustments in stipends.--The amount of the stipend
under paragraph (1)(A) shall be adjusted by the same
percentage, at the same time and manner, and subject to the
same limitations as are applicable to adjustments under section
5318 of title 5, United States Code.
``(f) Chief Executive Officer.--
``(1) Appointment.--The President, by and with the advice
and consent of the Senate, shall appoint a person to serve as
chief executive officer of the Corporation.
``(2) Qualifications.--To serve as chief executive officer
of the Corporation, a person--
``(A) shall be a citizen of the United States;
``(B) shall have proven management experience in
large, complex organizations;
``(C) shall not be a current member of the Board or
have served as a member of the Board within 2 years
before being appointed chief executive officer; and
``(D) shall have no substantial direct financial
interest in--
``(i) any public-utility corporation
engaged in the business of distributing and
selling power to the public; or
``(ii) any business that may be adversely
affected by the success of the Corporation as a
producer of electric power; and
``(3) Term.--
``(A) In general.--The chief executive officer
shall serve for a term of 4 years.
``(B) Reappointment.--The chief executive officer
may be reappointed for additional terms.
``(4) Compensation.--
``(A) In general.--The chief executive officer
shall be entitled to receive--
``(i) compensation at a rate that does not
exceed the annual rate of pay prescribed under
Level III of the Executive Schedule under
section 5315 of title 5, United States Code;
and
``(ii) reimbursement from the Corporation
for travel expenses, including per diem in lieu
of subsistence, while away from home or regular
place of business of the chief executive
officer in the performance of the duties of the
chief executive officer.''.
(b) Current Board Members.--A member of the board of directors of
the Tennessee Valley Authority who was appointed before the effective
date of the amendment made by subsection (a)--
(1) shall continue to serve as a member until the date of
expiration of the member's current term; and
(2) may not be reappointed.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act take effect, and the additional
members of the Board of the Tennessee Valley Authority and Chief
Executive Officer shall be appointed so as to commence their terms on,
the date that is 90 days after the date of enactment of this Act. | Amends the Tennessee Valley Authority Act of 1933 to: (1) expand from 3 to 14 the membership of the Board of Directors; (2) grant permanent membership to the States of Alabama, Georgia, Kentucky, Mississippi; North Carolina, Tennessee, and Virginia; (3) set Board member compensation at a stipend of $30,000 per year, plus travel expenses; and (4) provide for a Chief Executive Officer appointed by the President, with the advice and consent of the Senate. | A bill to amend the Tennessee Valley Authority Act of 1933 to modify provisions relating to the Board of Directors of the Tennessee Valley Authority, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Water Protection Act''.
SEC. 2. PROHIBITION ON SEWAGE DUMPING INTO THE GREAT LAKES.
Section 402 of the Federal Water Pollution Control Act (33 U.S.C.
1342) is amended by adding at the end the following:
``(s) Prohibition on Sewage Dumping Into the Great Lakes.--
``(1) Definitions.--In this subsection:
``(A) Bypass.--The term `bypass' means an
intentional diversion of waste streams to bypass any
portion of a treatment facility which results in a
discharge into the Great Lakes.
``(B) Discharge.--
``(i) In general.--The term `discharge'
means a direct or indirect discharge of
untreated sewage or partially treated sewage
from a treatment works into the Great Lakes.
``(ii) Inclusions.--The term `discharge'
includes a bypass and a combined sewer
overflow.
``(C) Great lakes.--The term `Great Lakes' has the
meaning given the term in section 118(a)(3).
``(D) Partially treated sewage.--The term
`partially treated sewage' means any sewage, sewage and
storm water, or sewage and wastewater, from domestic or
industrial sources that--
``(i) is not treated to national secondary
treatment standards for wastewater; or
``(ii) is treated to a level less than the
level required by the applicable national
pollutant discharge elimination system permit.
``(E) Treatment facility.--The term `treatment
facility' includes all wastewater treatment units used
by a publicly owned treatment works to meet secondary
treatment standards or higher, as required to attain
water quality standards, under any operating
conditions.
``(F) Treatment works.--The term `treatment works'
has the meaning given the term in section 212.
``(2) Prohibition.--A publicly owned treatment works is
prohibited from performing a bypass unless--
``(A)(i) the bypass is unavoidable to prevent loss
of life, personal injury, or severe property damage;
``(ii) there is not a feasible alternative to the
bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes, or
maintenance during normal periods of equipment
downtime; and
``(iii) the treatment works provides notice of the
bypass in accordance with this subsection; or
``(B) the bypass does not cause effluent
limitations to be exceeded, and the bypass is for
essential maintenance to ensure efficient operation of
the treatment facility.
``(3) Limitation.--The requirement of paragraph (2)(A)(ii)
is not satisfied if--
``(A) adequate back-up equipment should have been
installed in the exercise of reasonable engineering
judgment to prevent the bypass; and
``(B) the bypass occurred during normal periods of
equipment downtime or preventive maintenance.
``(4) Immediate notice requirements.--
``(A) In general.--A publicly owned treatment works
shall provide to the entities described in subparagraph
(B)--
``(i) for any anticipated discharge, prior
notice of that discharge; and
``(ii) for any unanticipated discharge, as
soon as practicable, but not later than--
``(I) for a treatment works with an
automated detection system, 2 hours
after the discharge begins; and
``(II) for a treatment works
without an automated detection system,
12 hours after the discharge begins.
``(B) Notice.--The entities referred to in
subparagraph (A) are--
``(i) the Administrator or, in the case of
a State that has a permit program approved
under this section, the State;
``(ii) each local health department or, if
a local health department does not exist, the
State health department;
``(iii) the municipality in which the
discharge occurred and each municipality with
jurisdiction over waters that may be affected
by the discharge;
``(iv) a daily newspaper of general
circulation in each county in which a
municipality described in clause (iii) is
located; and
``(v) the general public through a
prominent announcement on a publicly accessible
Internet site of the treatment works.
``(C) Contents.--The notice under subparagraph (A)
shall include a description of--
``(i) the volume and state of treatment of
the discharge;
``(ii) the date and time of the discharge;
``(iii) the expected duration of the
discharge;
``(iv) the steps being taken to contain the
discharge, except for a discharge that is a wet
weather combined sewer overflow discharge;
``(v) the location of the discharge, with
the maximum level of specificity practicable;
and
``(vi) the cause for the discharge.
``(5) Follow-up notice requirements.--Each publicly owned
treatment works that provides notice under paragraph (4)(B)
shall provide to the Administrator (or to the State in the case
of a State that has a permit program approved under this
section), not later than 5 days after the date on which the
publicly owned treatment works provides initial notice, a
follow-up notice containing--
``(A) a more full description of the cause of the
discharge;
``(B) the reason for the discharge;
``(C) the period of discharge, including the exact
dates and times;
``(D) if the discharge has not been corrected, the
anticipated time the discharge is expected to continue;
``(E) the volume of the discharge resulting from
the bypass;
``(F) a description of any public access areas that
has or may be impacted by the bypass; and
``(G) steps taken or planned to reduce, eliminate,
and prevent reoccurrence of the discharge.
``(6) Public availability of notices.--
``(A) In general.--Not later than 48 hours after
providing or receiving a follow-up notice under
paragraph (5), as applicable, a publicly owned
treatment works and the Administrator (or the State, in
the case of a State that has a permit program approved
under this section) shall each post the follow-up
notice on a publicly accessible, searchable database on
the Internet.
``(B) Annual publication.--The Administrator (or
the State, in the case of a State that has a permit
program approved under this section) shall annually
publish and make available to the public a list of each
of the treatment works from which the Administrator or
the State, as applicable, received a follow-up notice
under paragraph (5).
``(7) Sewage blending.--Bypasses prohibited by this section
include bypasses resulting in discharges from a publicly owned
treatment works that consist of effluent routed around
treatment units and thereafter blended together with effluent
from treatment units prior to discharge.
``(8) Implementation.--Not later than 180 days after the
date of enactment of this subsection, the Administrator shall
establish procedures to ensure that permits issued under this
section (or under a State permit program approved under this
section) to a publicly owned treatment works include
requirements to implement this subsection.
``(9) Increase in maximum civil penalty for violations
occurring after january 1, 2033.--Notwithstanding section 309,
in the case of a violation of this subsection occurring on or
after January 1, 2033, or any violation of a permit limitation
or condition implementing this subsection occurring after that
date, the maximum civil penalty that shall be assessed for the
violation shall be $100,000 per day for each day the violation
occurs.
``(10) Applicability.--This subsection shall apply to a
bypass occurring after the last day of the 1-year period
beginning on the date of enactment of this subsection.''.
SEC. 3. ESTABLISHMENT OF GREAT LAKES CLEANUP FUND.
(a) In General.--Title V of the Federal Water Pollution Control Act
(33 U.S.C. 1361 et seq.) is amended--
(1) by redesignating section 519 (33 U.S.C. 1251 note) as
section 520; and
(2) by inserting after section 518 (33 U.S.C. 1377) the
following:
``SEC. 519. ESTABLISHMENT OF GREAT LAKES CLEANUP FUND.
``(a) Definitions.--In this section:
``(1) Fund.--The term `Fund' means the Great Lakes Cleanup
Fund established by subsection (b).
``(2) Great lakes; great lakes states.--The terms `Great
Lakes' and `Great Lakes States' have the meanings given the
terms in section 118(a)(3).
``(b) Establishment of Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Great Lakes
Cleanup Fund' (referred to in this section as the `Fund').
``(c) Transfers to Fund.--Effective January 1, 2033, there are
authorized to be appropriated to the Fund amounts equivalent to the
penalties collected for violations of section 402(s).
``(d) Administration of Fund.--The Administrator shall administer
the Fund.
``(e) Use of Funds.--The Administrator shall--
``(1) make the amounts in the Fund available to the Great
Lakes States for use in carrying out programs and activities
for improving wastewater discharges into the Great Lakes,
including habitat protection and wetland restoration; and
``(2) allocate those amounts among the Great Lakes States
based on the proportion that--
``(A) the amount attributable to a Great Lakes
State for penalties collected for violations of section
402(s); bears to
``(B) the total amount of those penalties
attributable to all Great Lakes States.
``(f) Priority.--In selecting programs and activities to be funded
using amounts made available under this section, a Great Lakes State
shall give priority consideration to programs and activities that
address violations of section 402(s) resulting in the collection of
penalties.''.
(b) Conforming Amendment to State Revolving Fund Program.--Section
607 of the Federal Water Pollution Control Act (33 U.S.C. 1387) is
amended--
(1) by striking ``There is'' and inserting ``(a) In
General.--There is''; and
(2) by adding at the end the following:
``(b) Treatment of Great Lakes Cleanup Fund.--For purposes of this
title, amounts made available from the Great Lakes Cleanup Fund under
section 519 shall be treated as funds authorized to be appropriated to
carry out this title and as funds made available under this title,
except that the funds shall be made available to the Great Lakes States
in accordance with section 519.''. | Great Lakes Water Protection Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit a publicly owned treatment works (POTW) from performing a discharge (defined as an intentional diversion of waste streams to bypass any portion of a treatment facility which results in a discharge of untreated or partially treated sewage into the Great Lakes) unless: (1) the bypass is unavoidable to prevent loss of life, personal injury, or severe property damage, there is no feasible alternative, and the treatment works provides notice; or (2) the bypass does not cause effluent limitations to be exceeded and is for essential maintenance to ensure efficient operation of the treatment facility. Requires a POTW to provide prior notice for any anticipated discharge, or notice as soon as practicable for any unanticipated discharge (but no later than two hours after a discharge begins for a POTW with an automated detection system or 12 hours after a discharge begins for a POTW without such system), to: (1) the Administrator of the Environmental Protection Agency (EPA) (or a state if the state has an approved permit program), (2) each local health department (or a state health department if a local department does not exist), (3) the municipality in which a discharge occurred, (4) each municipality with jurisdiction over waters that may be affected, (5) a daily newspaper of general circulation in each county in which such a municipality is located, and (6) the public. Requires a POTW, within five days after such initial notice, to provide follow-up notice regarding the cause of, reason for, dates and times of, anticipated duration of, volume of, public access areas affected by, and steps taken or planned to reduce, eliminate, and prevent recurrence of, the discharge. Requires the Administrator (or a state with an approved permit program) to annually publish and make available to the public a list of the POTWs from which a follow-up notice was received. Includes among prohibited bypasses those resulting in discharges from a POTW that consist of effluent routed around treatment units and blended with effluent from treatment units prior to discharge. Directs the Administrator to establish procedures to ensure that permits issued to POTWs under the National Pollutant Discharge Elimination System include requirements to comply with this Act. Establishes a maximum civil penalty of $100,000 per day for violations of this Act occurring on or after January 1, 2033. Establishes the Great Lakes Cleanup Fund into which penalties for violations of this Act shall be deposited and from which amounts shall be provided for improving wastewater discharges. | Great Lakes Water Protection Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Breastfeeding Promotion Act''.
TITLE I--AMENDMENT TO THE CIVIL RIGHTS ACT OF 1964
SEC. 101. SHORT TITLE.
This title may be cited as the ``Pregnancy Discrimination Act
Amendments of 2001''.
SEC. 102. 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 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 the 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. 103. AMENDMENT 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. 45E. 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 the product of--
``(1) $10,000, and
``(2) the number determined by dividing the average number
of full-time employees of the taxpayer during the preceding
taxable year by 8,000.
``(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--
(A) by striking ``plus'' at the end of paragraph
(12),
(B) by striking the period at the end of paragraph
(13) and inserting ``, plus'', and
(C) by adding at the end the following new
paragraph:
``(14) the breastfeeding promotion and support credit
determined under section 45E(a).''
(2) Subsection (d) of section 39 of such Code (relating to
carryback and carryforward of unused credits) is amended by
adding at the end the following new paragraph:
``(9) No carryback of section 45e credit before january 1,
2000.--No portion of the unused business credit for any taxable
year which is attributable to the credit determined under
section 45E may be carried back to a taxable year beginning
before January 1, 2000.''.
(3) 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. 45E. 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, 2000.
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 adding at the
end 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 such standards (if any) prescribed by the
Secretary of Health and Human Services, and
``(B) consultation services relating to
breastfeeding.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2000. | Breastfeeding Promotion Act - Title I: Amendment to the Civil Rights Act of 1964 - Pregnancy Discrimination Act Amendments of 2001 - Amends the Civil Rights Act of 1964 to include lactation (including expression of milk) within the definitions of "because of sex" or "on the basis of sex" for purposes of such Act.Title II: Credit for Employer Expenses for Providing Appropriate Environment on Business Premises for Employed Mothers to Breastfeed or Express Milk for Their Children - Amends the Internal Revenue Code (IRC) to allow a limited credit to employers for expenses incurred in enabling employed nursing mothers to breastfeed.Title III: Safe and Effective Breast Pumps - Safe and Effective Breast Pumps Act - Directs the Secretary of Health and Human Services: (1) to 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) to 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 - Expands the IRC definition of medical care 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 ``Access to Frontline Health Care Act
of 2009''.
SEC. 2. FRONTLINE PROVIDERS LOAN REPAYMENT PROGRAM.
Part D of title III of the Public Health Service Act (42 U.S.C.
254b et seq.) is amended by adding at the end the following:
``Subpart XI--Frontline Health Care Services
``SEC. 340H. FRONTLINE PROVIDERS LOAN REPAYMENT PROGRAM.
``(a) In General.--The Secretary shall establish and carry out a
Frontline Providers Loan Repayment Program (in this section referred to
as the `Loan Repayment Program') under which, pursuant to contracts in
accordance with this section--
``(1) the Secretary agrees to make student loan repayments;
and
``(2) the individual agrees to serve as a health
professional for a period of full-time service of not less than
2 years at a health care facility serving a frontline care
scarcity area.
``(b) Eligibility.--To be eligible to participate in the Loan
Repayment Program, an individual must--
``(1) submit an application to participate in the Loan
Repayment Program in such form and manner and at such time as
specified by the Secretary; and
``(2) sign and submit to the Secretary, at the time of
submittal of such application, a written contract (described in
subsection (d)).
``(c) Participation in Program.--
``(1) In general.--An individual becomes a participant in
the Loan Repayment Program only upon the approval of the
Secretary of the individual's application submitted under
subsection (b)(1) and the Secretary's acceptance of the
contract submitted by the individual under subsection (b)(2).
``(2) Preference.--In awarding contracts under this
section, the Secretary shall give preference to applicants who
have undertaken training or coursework in interdisciplinary
studies.
``(3) Recruitment for interdisciplinary programs.--The
Secretary shall--
``(A) determine the frontline care scarcity areas
in which to place contract recipients under this
section; and
``(B) in making such determination, give preference
to areas with a demonstrated program of
interdisciplinary health care, or with demonstrated
plans to initiate interdisciplinary approaches to
community health care.
``(4) Notice.--The Secretary shall provide written notice
to an individual promptly upon the Secretary's approving, under
paragraph (1), of the individual's participation in the Loan
Repayment Program.
``(d) Contract.--The contract described in this subsection is a
written contract between the Secretary and an individual that
contains--
``(1) an agreement that--
``(A) the Secretary agrees to provide the
individual with student loan repayment (described in
subsection (e)) for a period of time as determined by
the Secretary, to pay off debts incurred during the
course of the study or program described in subsection
(g)(2)(B); and
``(B) the individual agrees--
``(i) to accept provision of such a student
loan repayment to the individual; and
``(ii) to provide frontline care services
for a period of full-time service of not less
than 2 years at a health care facility serving
a frontline care scarcity area;
``(2) a provision that any financial obligation of the
United States arising out of a contract entered into under this
section and any obligation of the individual which is
conditioned thereon, is contingent upon funds being
appropriated for student loan repayment under this section;
``(3) a statement of the damages to which the United States
is entitled, under subsection (f), for the individual's breach
of the contract; and
``(4) such other statements as the Secretary deems
appropriate of the rights and liabilities of the Secretary and
of the individual, not inconsistent with the provisions of this
section.
``(e) Student Loan Repayment.--
``(1) Amount.--The amount of an annual student loan
repayment under this section on behalf of an individual shall
be determined by the Secretary, and shall take into
consideration the need to pay a sufficient amount to enable
recruiting of health care providers into the loan repayment
program under this section.
``(2) Payments directly to loan provider.--The Secretary
may contract with an individual's loan provider, for the
payment to the loan provider, on behalf of the individual, of
the amounts of a student loan repayment described in paragraph
(1).
``(f) Breach of Contract.--If an individual breaches a written
contract under this section by failing to begin such individual's
service obligation, or to complete such service obligation, the United
States shall be entitled to recover from the individual an amount that
is equal to the sum of--
``(1) the total amount which has been paid to the
individual, or on behalf of the individual, under the contract;
and
``(2) any amount of interest, as determined by the
Secretary.
``(g) Definitions.--In this section:
``(1) The term `frontline care scarcity area' means an
area, population group, or facility that--
``(A) is designated as a health professional
shortage area under section 332; or
``(B) is designated by the State in which the area
is located as having a shortage of frontline care
services.
``(2) The term `frontline care services' means health care
services--
``(A) in the field of general surgery, optometry,
ophthalmology, chiropractic, physical therapy,
audiology, speech language pathology, pharmacies,
public health, podiatric medicine, dietetics,
occupational therapy, general pediatrics, respiratory
therapy, medical technology, otolaryngology, or
radiologic technology; and
``(B) provided by a general surgeon, optometrist,
ophthalmologist, chiropractor, physical therapist,
audiologist, speech language pathologist, pharmacist,
public health professional, podiatric physician,
registered dietician, occupational therapist,
pediatrician, respiratory therapist, medical
technologist, otolaryngologist, or radiologic
technologist who has completed an appropriate course of
study or program, offered by an accredited institution
of higher education in the United States.
``(h) Authorized of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated the
following:
``(1) For fiscal year 2010, $78,000,000.
``(2) For fiscal year 2011, $93,000,000.
``(3) For fiscal year 2012, $108,000,000.
``(4) For fiscal year 2013, $123,000,000.
``(5) For fiscal year 2014, $138,000,000.
``(6) For fiscal year 2015, $153,000,000.
``(7) For fiscal year 2016, and each subsequent fiscal
year, the amount appropriated for the preceding fiscal year
adjusted by one plus the average percentage increase in the
costs of health professions education during the prior fiscal
year.
``(i) Implementation.--The Secretary shall begin implementation of
the loan repayment program under this section within 180 days of the
date of the enactment of this section.''. | Access to Frontline Health Care Act of 2009 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to establish and carry out a Frontline Providers Loan Repayment Program to allow repayment of the student loans of individuals who agree to serve as a health care professionals for two years in a frontline care scarcity area. | To amend the Public Health Service Act to direct the Secretary of Health and Human Services to establish a Frontline Providers Loan Repayment Program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agricultural Export Facilitation Act
of 2005''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The export sector of United States agriculture makes an
important positive contribution to this country's trade
balance.
(2) The total value of United States exports of
agricultural products shipped to Cuba since 2000 when such
sales were first authorized by Congress is approximately
$1,000,000,000, including transportation, port fees, and
insurance costs. In December 2001, Cuba purchased approximately
$4,300,000 in food and agricultural products. In 2002, Cuba
purchased approximately $138,600,000 in food and agricultural
products. In 2003, Cuba purchased approximately $256,900,000 in
food and agricultural products. In 2004, Cuba purchased
approximately $380,000,000 in food and agricultural products.
Cuba ranked at the bottom of 226 agricultural export markets
for United States companies in 2001; ranked 50th of 226 in
2002; ranked 35th of 219 in 2003; and ranked approximately 25th
of 228 in 2004. Cuba is therefore an important source of
revenue for United States agriculture and its affiliated
industries, such as manufacturers and distributors of value-
added food products.
(3) To be competitive in sales to Cuban purchasers, United
States exporters of agricultural products and their
representatives, including representatives of United States air
or sea carriers, ports and shippers, must have ready and
reliable physical access to Cuba. Such access is currently
uncertain because, under existing regulations, United States
exporters and their representatives must apply for and receive
special Treasury Department licenses to travel to Cuba to
engage in sales-related activities. The issuance of such
licenses is subject to both administrative delays and periodic
denials. A blanket statutory authorization for sales and
transport-related travel to Cuba by United States exporters
will remove the current bureaucratic impediment to agricultural
product sales endorsed by Congress when it passed the Trade
Sanctions Reform and Export Enhancement Act of 2000.
(4) On many occasions United States visas have been delayed
and often denied to prospective Cuban purchasers of products
authorized under the Trade Sanctions Reform and Export
Enhancement Act of 2000. The result has been that family
farmers and other small producers and distributors of
agricultural products who lack the resources to fund sales
delegations to Cuba have been denied access to potential
purchasers in that country. A simple solution is for the
Department of State to issue visas to Cuban nationals who
demonstrate an itinerary of meetings with prospective United
States exporters of products authorized under the Trade
Sanctions Reform and Export Enhancement Act of 2000. In
addition, visas should be issued to Cuban phytosanitary
inspectors who require entry into the United States to conduct
on-premise inspections of production and processing facilities
and the products of potential United States exporters.
(5) The Trade Sanctions Reform and Export Enhancement Act
of 2000 requires ``payment of cash in advance'' for United
States agricultural exports to Cuba. Some Federal agencies
responsible for the implementation of the Trade Sanctions
Reform and Export Enhancement Act of 2000 have expressed the
view that ``cash in advance'' requires that payment be received
by a United States exporter in advance of shipment of goods to
Cuba. Indeed, late last year payments due United States
exporters from purchasers in Cuba were frozen in United States
banks while the terms of those payments were reviewed
unnecessarily. This action by the Department of the Treasury
has created a climate of commercial uncertainty that has
inhibited agricultural sales under the Trade Sanctions Reform
and Export Enhancement Act of 2000 to Cuba.
(6) There is nothing in either the Trade Sanctions Reform
and Export Enhancement Act of 2000 itself or its legislative
history to support the view that Congress intended payment to
be made in advance of the shipment of goods from this country
to Cuba. It was and is the intent of Congress that a seller of
a product authorized under the Trade Sanctions Reform and
Export Enhancement Act of 2000 receive payment only before a
Cuban purchaser takes physical possession of that product.
(7) At present it is the policy of the United States
Government to prohibit direct payment between Cuban and United
States financial institutions. As a result, Cuban purchasers of
products authorized under the Trade Sanctions Reform and Export
Enhancement Act of 2000 must route their payments through third
country banks that charge a fee for this service. Allowing
direct payments between Cuban and United States financial
institutions will permit the United States exporters to receive
payment directly to their financial institutions within hours
instead of days and will eliminate an unnecessary transactional
fee, thereby allowing Cuban purchasers to purchase more United
States origin agricultural products.
(8) Trademarks and trade names are vital assets of the
United States companies that export branded food products,
including those who today or in the future may sell such
products to Cuba under the Trade Sanctions Reform and Export
Enhancement Act of 2000. Hundreds of United States companies
have registered their trademarks in Cuba in order to ensure the
exclusive right to use those trademarks when the United States
trade embargo on that country is lifted. Moreover, following
the enactment of the Trade Sanctions Reform and Export
Enhancement Act of 2000, many United States companies are today
exporting branded food products to Cuba where they hope to
establish their brands with Cuban purchasers in order to
benefit from current sales under the Trade Sanctions Reform and
Export Enhancement Act of 2000, as well as position themselves
for the larger post-embargo market for United States goods in
Cuba.
(9) Sales to Cuba of branded products of United States
companies contribute to the livelihoods of American workers and
the balance sheets of United States businesses. Those sales
depend on the security of United States trademarks and trade
names protected in Cuba by reciprocal treaties and agreements
for the protection of intellectual property. Among such
treaties and agreements are the Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPS) and the Inter-
American Convention for Trademark and Commercial Protection.
(10) The United States District Court for the Southern
District of New York ruled that section 211 of the Department
of Commerce and Related Agencies Appropriations Act, 1999
abrogates, with respect to Cuba, the Inter-American Convention
on Trademarks and Commercial Protection. The court's ruling was
affirmed by the United States Court of Appeals for the Second
Circuit.
(11) Cuba's international remedy under customary
international law (as codified by Article 60 of the 1969 Vienna
Convention on Treaties), for a breach by the United States of
the Inter-American Convention, is to suspend or revoke the
protections Cuba currently affords United States trademarks and
trade names.
(12) In order to preserve the rights of United States
nationals holding trademarks in Cuba, including those engaged
in authorized sales under the Trade Sanctions Reform and Export
Enhancement Act of 2000 now and in the future, the United
States must repeal section 211 of the Department of Commerce
and Related Agencies Appropriations Act, 1999 and the United
States must comply with all treaty obligations owed Cuba as
they relate to trademarks and trade names.
(b) Purpose.--The purpose of this Act is to remove impediments to
present and future sales of United States agricultural products to Cuba
under the Trade Sanctions Reform and Export Enhancement Act of 2000 and
to otherwise facilitate such sales.
SEC. 3. TRAVEL TO CUBA IN CONNECTION WITH AUTHORIZED SALES ACTIVITIES.
Section 910 of the Trade Sanctions Reform and Export Enhancement
Act of 2000 (22 U.S.C. 7209) is amended by inserting after subsection
(b) the following:
``(c) General License Authority for Travel-Related Expenditure in
Cuba by Persons Engaging in TSREEA of 2000 Sales and Marketing
Activities in That Country and TSREEA-Related Transportation
Activities.--
``(1) In general.--The Secretary of the Treasury shall
authorize under a general license the travel-related
transactions listed in subsection (c) of section 515.560 of
title 31, Code of Federal Regulations, for travel to, from, or
within Cuba in connection with activities undertaken in
connection with sales and marketing, including the organization
and participation in product exhibitions, and the
transportation by sea or air of products pursuant to this Act.
``(2) Definitions.--In this subsection, the term `sales and
marketing activities' means any activity with respect to travel
to, from, or within Cuba that is undertaken by a United States
person in order to explore the market in that country for the
sale of products pursuant to this Act or to engage in sales
activities with respect to such products. The term `sales
activities' includes exhibiting, negotiating, marketing,
surveying the market, and delivering and servicing products
pursuant to this Act. Persons authorized to travel to Cuba
under this section include full-time employees, executives,
sales agents and consultants of producers, manufacturers,
distributors, shippers, United States air and sea ports, and
carriers of products authorized for sale pursuant to this Act,
as well as exhibitors and representatives and members of
national and State trade organizations that promote the
interests of producers and distributors of such products.
``(3) Regulations.--The Secretary of the Treasury shall
promulgate such rules and regulations as are necessary to carry
out the provisions of this subsection.''.
SEC. 4. SENSE OF CONGRESS THAT VISAS SHOULD BE ISSUED.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of State should issue visas for temporary entry into the
United States of Cuban nationals whose itinerary documents an intent to
conduct activities, including phytosanitary inspections, related to
purchasing United States agricultural goods under the provisions of the
Trade Sanctions Reform and Export Enhancement Act of 2000.
(b) Periodic Reports.--
(1) In general.--Not later than 45 days after the date of
enactment of this Act and every 3 months thereafter, the
Secretary of State shall submit to the Committees on Finance,
Agriculture, Nutrition, and Forestry, and Foreign Relations of
the Senate and the Committees on Agriculture, Ways and Means,
and International Relations of the House of Representatives a
report on the issuance of visas described in subsection (a).
(2) Content of reports.--Each report shall contain a full
description of each application received from a Cuban national
to travel to the United States to engage in purchasing
activities pursuant to the Trade Sanctions Reform and Export
Enhancement Act of 2000 and shall describe the disposition of
each such application.
SEC. 5. CLARIFICATION OF PAYMENT TERMS UNDER TRADE SANCTIONS REFORM AND
EXPORT ENHANCEMENT ACT OF 2000.
Section 908(b)(1) of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C. 7207(b)(1)) is amended by inserting
after subparagraph (B) the following:
``(C) Notwithstanding any other provision of law,
the term `payment of cash in advance' means the payment
by the purchaser of an agricultural commodity or
product and the receipt of such payment by the seller
prior to--
``(i) the transfer of title of such
commodity or product to the purchaser; and
``(ii) the release of control of such
commodity or product to the purchaser.''.
SEC. 6. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN CUBAN AND UNITED
STATES FINANCIAL INSTITUTIONS.
Notwithstanding any other provision of law, the President may not
restrict direct transfers from a Cuban financial institution to a
United States financial institution executed in payment for a product
authorized for sale under the Trade Sanctions Reform and Export
Enhancement Act of 2000.
SEC. 7. ADHERENCE TO INTERNATIONAL AGREEMENTS FOR THE MUTUAL PROTECTION
OF INTELLECTUAL PROPERTY, INCLUDING REPEAL OF SECTION
211.
(a) Repeal of Prohibition on Enforcement of Rights to Certain
United States Intellectual Properties and Transfer of Such
Properties.--
(1) Repeal.--Section 211 of the Department of Commerce and
Related Agencies Appropriations Act, 1999 (section 101(b) of
division A of Public Law 105-277; 112 Stat. 2681-2688) is
repealed.
(2) Regulations.--The Secretary of the Treasury shall
promulgate such regulations as are necessary to carry out the
repeal made by paragraph (1), including removing any
prohibition on transactions or payments to which subsection
(a)(1) of section 211 of the Department of Commerce and Related
Agencies Appropriations Act, 1999 applied.
(3) Further regulations.--The Secretary of the Treasury
shall amend the Cuban Assets Control Regulations (part 515 of
title 31, Code of Federal Regulations) to authorize under
general license the transfer or receipt of any trademark or
trade name subject to United States law in which a designated
national has an interest. The filing and prosecution of
opposition and infringement proceedings related to any
trademark or trade name in which a designated national has an
interest and the prosecution of any defense to such proceedings
shall also be authorized by general license. | Agricultural Export Facilitation Act of 2005 - Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSREEA of 2000) to require the Secretary of the Treasury to authorize, under a general license, certain travel-related transactions specified in the Code of Federal Regulations, for travel to, from, or within Cuba in connection with activities undertaken in connection with sales and marketing, including the organization and participation in product exhibitions, and the transportation by sea or air of products pursuant to this Act.
Expresses the sense of Congress that the Secretary of State should issue visas for temporary entry into the United States of Cuban nationals whose itinerary documents an intent to conduct activities, including phytosanitary inspections, related to purchasing U.S. agricultural goods under the provisions of TSREEA of 2000.
Prohibits the President from restricting direct transfers from a Cuban financial institution to a U.S. financial institution executed in payment for a product authorized for sale under TSREEA of 2000.
Repeals the ban in the Department of Commerce and Related Agencies Appropriations Act, 1999 on certain transactions with respect to intellectual property in which the Cuban Government or a Cuban national has an interest regarding a mark or trade or commercial name that is the same as or substantially similar to one that was used in connection with a business or assets that were confiscated, unless the original owner or successor-in-interest has expressly consented.
Requires the Secretary of the Treasury to amend the Cuban Asset Control regulations to authorize under general license the transfer or receipt of any trademark or trade name subject to U.S. law in which a designated national has an interest. | To facilitate the sale of United States agricultural products to Cuba, as authorized by the Trade Sanctions Reform and Export Enhancement Act of 2000. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Abuse Accountability Act''.
SEC. 2. GARNISHMENT AUTHORITY.
(a) Civil Service Retirement System.--Section 8345(j) of title 5,
United States Code, is amended--
(1) by amending paragraph (1) to read as follows:
``(j)(1)(A) Payments under this subchapter that would otherwise be
made to an employee, Member, or annuitant based on service of that
individual shall be paid (in whole or in part) by the Office to another
person if and to the extent expressly provided for in the terms of--
``(i) any court decree of divorce, annulment, or legal
separation, or the terms of any court order or court-approved
property settlement agreement incident to any court decree of
divorce, annulment, or legal separation; or
``(ii) any court order or other similar process in the
nature of garnishment for the enforcement of a judgment
rendered for physically or sexually abusing a child against
such employee, Member, or annuitant.
``(B) Any payment under this paragraph to a person bars recovery by
any other person.
``(C) If the Office is served with more than 1 decree, order, or
other legal process with respect to the same moneys due or payable to
any individual, such moneys shall be available to satisfy such
processes on a first-come, first-served basis, with any such process
being satisfied out of such moneys as remain after the satisfaction of
all such processes which have been previously served.'';
(2) in paragraph (2) by inserting ``other legal process,''
after ``order,''; and
(3) by amending paragraph (3) to read as follows:
``(3) For the purpose of this subsection--
``(A) the term `court' means any court of a State, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
the Northern Mariana Islands, or the Virgin Islands, and any
Indian court;
``(B) the term `judgment rendered for physically or
sexually abusing a child' means any legal claim perfected
through a final enforceable judgment, which claim is based in
whole or in part upon the physical abuse or sexual abuse of a
child, whether or not that physical abuse or sexual abuse is
accompanied by other actionable wrongdoing, such as sexual
exploitation, gross negligence, or emotional abuse; and
``(C) the term `child' means an individual under 18 years
of age.''.
(b) Federal Employees' Retirement System.--Section 8467 of title 5,
United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a)(1) Payments under this chapter that would otherwise be made
to an employee, Member, or annuitant (including an employee, Member, or
annuitant as defined in section 8331) based on service of that
individual shall be paid (in whole or in part) by the Office or the
Executive Director, as the case may be, to another person if and to the
extent expressly provided for in the terms of--
``(A) any court decree of divorce, annulment, or legal
separation, or the terms of any court order or court-approved
property settlement agreement incident to any court decree of
divorce, annulment, or legal separation; or
``(B) any court order or other similar process in the
nature of garnishment for the enforcement of a judgment
rendered for physically or sexually abusing a child against
such employee, Member, or annuitant.
``(2) Any payment under this subsection to a person bars recovery
by any other person.
``(3) If the Office is served with more than 1 decree, order, or
other legal process with respect to the same moneys due or payable to
any individual, such moneys shall be available to satisfy such
processes on a first-come, first-served basis, with any such process
being satisfied out of such moneys as remain after the satisfaction of
all such processes which have been previously served.'';
(2) in subsection (b) by inserting ``other legal process,''
after ``order,''; and
(3) by adding at the end the following new subsection:
``(c) For the purpose of this section--
``(1) the term `judgment rendered for physically or
sexually abusing a child' means a legal claim perfected through
a final enforceable judgment, which claim is based in whole or
in part upon the physical abuse or sexual abuse of a child,
whether or not that physical abuse or sexual abuse is
accompanied by other actionable wrongdoing, such as sexual
exploitation, gross negligence, or emotional abuse; and
``(2) the term `child' means an individual under 18 years
of age.''.
SEC. 3. APPLICATION OF AMENDMENTS.
The amendments made by this Act shall apply with respect to any
decree, order, or other legal process or any notice of agreement
received by the Office of Personnel Management on or after the date of
enactment of this Act. | Child Abuse Accountability Act - Amends Federal law regarding Federal employees' pensions to provide for the garnishment of retirement annuities of Federal employees for the enforcement of a court order for the payment of monetary damages to victims of sexual or physical abuse. | Child Abuse Accountability Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Semiautomatic Assault Weapon
Violence Prevention Act of 1993''.
SEC. 2. PROHIBITION OF SEMIAUTOMATIC ASSAULT WEAPONS.
(a) Definitions.--Section 921(a) of title 18, United States Code,
is amended--
(1) in paragraph (28) by striking ```semiautomatic rifle'
means any repeating rifle'' and inserting ```semiautomatic
firearm' means a repeating firearm''; and
(2) by adding at the end the following new paragraph:
``(29) The term `semiautomatic assault weapon'--
``(A) means--
``(i) any of the semiautomatic firearms known as--
``(I) A.A. Arms AP-9;
``(II) Auto-Ordnance Thompson;
``(III) Barrett Light-Fifty;
``(IV) Beretta AR-70;
``(V) Bushmaster Auto Rifle;
``(VI) Calico M-900 and M-950;
``(VII) Cobray, Ingram and RPB MAC-10 and
MAC-11;
``(VIII) Colt AR-15 and Sporter;
``(IX) Encom MP-9 and MP-45;
``(X) Fabrique Nationale FN/FAL, FN/LAR,
and FNC;
``(XI) Feather AT-9;
``(XII) Federal XP900 and XP450;
``(XIII) Franchi SPAS-12;
``(XIV) Intratec TEC-9 and TEC-22;
``(XV) Israeli Military Industries UZI and
Galil;
``(XVI) Iver Johnson Enforcer 3000;
``(XVII) Norinco, Mitchell and Poly
Technologies Avtomat Kalashnikovs;
``(XVIII) Steyr AUG;
``(XIX) USAS-12;
``(XX) A.A. Arms AR-9 Rifle;
``(XXI) Advanced Armaments M-15;
``(XXII) Auto-Ordnance Thompson models 27A1
& M-1;
``(XXIII) Barrett Light-Fifty model 82A1;
``(XXIV) Bushmaster Auto Rifle;
``(XXV) Calico M-900 and M-951 Carbines;
``(XXVI) Century MAS-223 Carbine;
``(XXVII) Claridge Hi-Tec Carbine;
``(XXVIII) Colt AR-15 Rifle;
``(XXIX) Colt CAR-15 Carbine;
``(XXX) Colt Sporter Rifle;
``(XXXI) Commando Arms Carbine;
``(XXXII) Demro TAC-1 Carbine;
``(XXXIII) Demro XF-7 Carbine;
``(XXXIV) D MAX Auto Carbine;
``(XXXV) E.A. Co. BH15-A1 and J-15;
``(XXXVI) Eagle Arms EA-15;
``(XXXVII) Federal XC-900/XC-450 Auto
Carbine;
``(XXXVIII) Federal Ordnance FAMAS Carbine;
``(XXXIX) Federal Ordnance M-14SA Rifle;
``(XL) Feather AT-9 Auto Carbine;
``(XLI) Goncz High-Tech Carbine;
``(XLII) Grist Mill Mfg. Co. XH-177;
``(XLIII) Iver Johnson Model Delta 786;
``(XLIV) Manchester Arms Commando Mark-9
and Mark-45;
``(XLV) Mandall The TAC-1 Carbine;
``(XLVI) MK 760 Carbine;
``(XLVII) Model `A' Carbine;
``(XLVIII) NuArmCo M-15;
``(XLIX) Olympic Arms CAR Series (AR-15)
Rifles;
``(L) Ordinance Design Co. ER-15;
``(LI) P.A.W.S. ZX6 and ZX8 Carbines;
``(LII) PWA Commando;
``(LIII) Ruger Mini-14/5F (folding stock
model);
``(LIV) Sendra Corp. XM-15A1-E2;
``(LV) SGW XM-15, BH-15 and XM-17;
``(LVI) Springfield Armory SAR-48;
``(LVII) Springfield Armory BM-59;
``(LVIII) Springfield Armory DR-200 Sporter
Rifle;
``(LIX) Springfield Armory SAR-8 and SAR-
4800 Rifles;
``(LX) Springfield Armory Model G3 or SAR-
3;
``(LXI) Springfield Armory MIA Bush/Assault
Rifle;
``(LXII) Springfield Armory M-21 Sniper
Rifle;
``(LXIII) SWD MAC-11 or M-11 Cobray
Carbine;
``(LXIV) Universal 100 Carbine;
``(LXV) Weaver Arms Nighthawk;
``(LXVI) Wilkinson `Terry' Carbine;
``(LXVII) Algimec AGM-1;
``(LXVIII) American Arms AKY39, AKF39
Rifles;
``(LXIX) AP-74;
``(LXX) Armalite AR-10;
``(LXXI) Armalite AR-180;
``(LXXII) Armscorp of America Israeli FN-
FAL;
``(LXXIII) Argentine FN-FAL;
``(LXXIV) Australian Automatic Arms SAR
Rifle;
``(LXXV) Australian G Series FAL;
``(LXXVI) Avtomat Kalashnikov;
``(LXXVII) Beretta AR70 Rifle;
``(LXXVIII) Beretta BM59 Rifle;
``(LXXIX) CETME G3;
``(LXXX) CIS SR-88;
``(LXXXI) Clayco AKS Rifle;
``(LXXXII) Daewoo Max 1 & Max 2;
``(LXXXIII) Dragunov Sniper Rifle;
``(LXXXIV) Egyptian Maadi AKM;
``(LXXXV) FAMAS MAS 223 Semi-Auto Rifle;
``(LXXXVI) FN-LAR Auto Rifle;
``(LXXXVII) FNC Auto Rifle;
``(LXXXVIII) Galil models AR and ARM Semi-
Auto Rifles;
``(LXXXIX) Galil Sporter Rifle;
``(XC) Galil Sniper Rifle;
``(XCI) Heckler & Koch HK-91, 93 & 94 Auto
Rifles;
``(XCII) Heckler & Koch SR-9 Rifle;
``(XCIII) Kassnar SA 85M AKM;
``(XCIV) Mitchell AK-47, M-70, M-59 and M-
76 Rifles;
``(XCV) Mitchell Spectre Auto Carbine;
``(XCVI) Norinco AKS, SKS & 56S Rifles;
``(XCVII) Norinco 81MGSm 81S, 84S, 86S,
86S-7, 88SB;
``(XCVIII) Norinco Officer's Nine Carbine;
``(XCIX) Ordnance Design Co. FR-15;
``(C) Poly Tech AK-47S & AKS-762 Rifles;
``(CI) PWA Cinnabdi;
``(CII) Shaanix AK-47, AK-47-56S & 56;
``(CIII) Sig AMT;
``(CIV) Sig PE-57
``(CV) Sig 500 Series (SG 550/551)
``(CVI) SKS with detachable magazine;
``(CVII) Sterling MK-6 and SAR;
``(CVIII) Steyr AUG Autoloading Rifle;
``(CIX) Uzi Carbine and Mini Carbine;
``(CX) Valmet M-62, M-71, M-76, M-78
Rifles;
``(CXI) Valmet M-82 Bullpup Rifle;
``(CXII) Volunteer Enterprise Commando;
``(CXIII) AMT Lightning 25/22 Rifle;
``(CXIV) Auto-Ordnance Model 1927A-3 Rifle;
``(CXV) Calico M-100 and M-105 Carbines;
``(CXVI) Feather AT-22 Carbine;
``(CXVII) Federal Model XC-220 Carbine;
``(CXVIII) Grendel R-31 Auto Carbine;
``(CXIX) Illinois Arms Co. Model 180 Auto
Rifle;
``(CXX) Armscor AK-22 Auto Rifle;
``(CXXI) Armscor Model 1600 Auto Rifle;
``(CXXII) EMF AP-74 Rifle;
``(CXXIII) Erma EM-1 .22 Rifle;
``(CXXIV) Mitchell AK-22 Rifle;
``(CXXV) Mitchell Galil/22 Rifle;
``(CXXVI) Mitchell CAR-15/22 Rifle;
``(CXXVII) Mitchell M-16A-1/22 Rifle;
``(CXXVIII) Mitchell PPS/50 Rifle;
``(CXXIX) Mitchell MAS/22 Rifle;
``(CXXX) Unique F-11;
``(CXXXI) AA Arms AP-9 Assault Pistol;
``(CXXXII) AA Arms P95 Pistol;
``(CXXXIII) Auto-Ordnance Thompson 1927-A5
Pistol;
``(CXXXIV) Bushmaster Auto Pistol;
``(CXXXV) Calico M-950 Pistol;
``(CXXXVI) Calico 100-P and M-110 Auto
Pistols (rimfire);
``(CXXXVII) Claridge Hi-Tec Pistol;
``(CXXXVIII) Commando Pistol;
``(CXXXIX) D MAX Auto Pistol;
``(CXL) Encom MK IV Assault Pistol;
``(CXLI) Encom MP-9 & MP-45 Assault
Pistols;
``(CXLII) Feather Mini-AT Auto Pistol;
``(CXLIII) Federal XP900/XP450 Pistols;
``(CXLIV) Goncz High-Tech Long Pistol;
``(CXLV) Grendel P-30 and P-31 Auto Pistols
(rimfire);
``(CXLVI) Holmes MP-83 Assault Pistol;
``(CXLVII) Holmes MP-22 Assault Pistol
(rimfire);
``(CXLVIII) Ingram MAC-10 and MAC-11
Pistols;
``(CXLIX) Intratec TEC-9 Pistol;
``(CL) Intratec Scorpion .22 Auto Pistol
(rimfire);
``(CLI) Iver Johnson Enforcer Model 3000
Pistol;
``(CLII) Partisan Avenger Auto Pistol;
``(CLIII) R.P.B. MAC-10 Pistol;
``(CLIV) Scarab Skorpion Auto Pistol;
``(CLV) Sile PAWS pistol;
``(CLVI) Spectre DA pistol;
``(CLVII) S.W.D. Cobray/M-11 (MAC-11)
Pistol;
``(CLVIII) Universal Enforcer Pistol;
``(XLIX) Wilkinson `Linda' Pistol;
``(CLX) Australian Automatic Arms SAP
Pistol;
``(CLXI) Heckler and Koch SP-89 Pistol;
``(CLXII) Spectre Auto Pistol;
``(CLXIII) Sterling MK-7 Pistol;
``(CLXIV) Uzi Pistol;
``(CLXV) Gilbert USAS-12 Shotgun;
``(CLXVI) Hi-Standard Model 10A Shotgun;
``(CLXVII) Mossberg Model 500 pump-action
Ballpup Shotgun;
``(CLXVIII) Striker 12 revolving cylinder
Shotgun;
``(CLXIX) Street Sweeper revolving cylinder
Shotgun;
``(CLXX) Atchisson Assault 12
``(CLXXI) Benelli M1 Super 90 Shotgun;
``(CLXXII) Benelli M3 Super 90 Pump/Auto
Shotgun;
``(CLXXIII) Benelli 1212-M1 `Master
Blaster';
``(CLXXIV) F.I.E./Franchi SPAS 12 Auto
Shotgun; or
``(CLXXV) F.I.E./Franchi LAW 12 Auto
Shotgun;
``(ii) a revolving-cylinder shotgun such as or
similar to the Street Sweeper or Striker 12; and
``(iii) a semiautomatic firearm designated by the
Secretary as a semiautomatic assault weapon under
section 931; and
``(B) does not include (among other firearms)--
``(i) any of the firearms known as--
``(I) Remington Model 1100 shotgun;
``(II) Remington Model 7400 rifle;
``(III) Mossberg Model 5500 shotgun;
``(IV) HK Model 300 rifle;
``(V) Marlin Model 9 camp carbine;
``(VI) Browning High-Power rifle; or
``(VII) Remington Nylon 66 auto loading
rifle;
``(ii) a firearm that is a manually operated bolt
action firearm;
``(iii) a lever action firearm;
``(iv) a slide action firearm; or
``(v) a firearm that has been rendered permanently
inoperable.''.
(b) Prohibition.--Section 922 of title 18, United States Code, is
amended by adding at the end the following new subsection:
``(s)(1) Except as provided in paragraph (2), it shall be unlawful
for a person to transfer or possess a semiautomatic assault weapon.
``(2) This subsection does not apply with respect to--
``(A) a transfer to or by, or possession by or under the
authority of the United States or a department or agency of the
United States or a State or a department, agency, or political
subdivision of a State;
``(B) a lawful transfer or lawful possession of a
semiautomatic assault weapon that was lawfully possessed before
the effective date of this subsection or, in the case of a
semiautomatic firearm that the Secretary designates as a
semiautomatic assault weapon pursuant to section 931, before
the date on which the designation is made; or
``(C) the transfer or possession of a semiautomatic assault
weapon by a licensed manufacturer or licensed importer for the
purposes of testing or experimentation authorized by the
Secretary.''.
(c) Designation of Semiautomatic Assault Weapons.--
(1) In general.--Chapter 44 of title 18, United States
Code, is amended by adding at the end the following new
section:
``Sec. 931. Designation of semiautomatic assault weapons
``(a) In General.--Not later than 180 days after the date of
enactment of this section, and annually thereafter, the Secretary, in
consultation with the Attorney General, shall determine whether any
other semiautomatic firearm (other than a firearm described in section
921(a)(29)(B)) should be designated as a semiautomatic assault weapon
in addition to those previously designated by section 921(a)(29)(A) or
by the Secretary under this section.
``(b) Criteria.--(1) The Secretary shall by regulation designate as
a semiautomatic assault weapon a rifle, pistol, or shotgun that is a
semiautomatic firearm and that is described in paragraph (2), (3), (4),
or (5).
``(2) A replica or duplicate in any caliber of a semiautomatic
firearm described in section 921(a)(29)(A)(i) is a semiautomatic
assault weapon.
``(3) A rifle that is a semiautomatic firearm is a semiautomatic
assault weapon if it--
``(A) is not generally recognized as being particularly
suitable for or readily adaptable to sporting purposes;
``(B) has an ability to accept a detachable magazine; and
``(C) has at least 2 of the following characteristics:
``(i) A folding or telescoping stock.
``(ii) A pistol grip that protrudes conspicuously
beneath the action of the weapon.
``(iii) A bayonet mount.
``(iv) A flash suppressor or threaded barrel
designed to accommodate a flash suppressor.
``(v) A grenade launcher.
``(4) A pistol that is a semiautomatic firearm is a semiautomatic
assault weapon if it--
``(A) is not generally recognized as being particularly
suitable for or adaptable to sporting purposes; and
``(B) has an ability to accept a detachable magazine; and
``(C) has at least 2 of the following characteristics:
``(i) An ammunition magazine that attaches to the
pistol outside of the pistol grip.
``(ii) A threaded barrel capable of accepting a
barrel extender, flash suppressor, forward hand grip,
or silencer.
``(iii) A shroud that is attached to or partially
or completely encircles the barrel and that permits the
shooter to hold the firearm with the second hand
without being burned.
``(iv) A manufactured weight of 50 ounces or more
when the pistol is unloaded.
``(v) A semiautomatic version of an automatic
firearm.
``(5) A shotgun that is a semiautomatic firearm is a semiautomatic
assault weapon if it--
``(A) is not generally recognized as being particularly
suitable for or adaptable to sporting purposes; and
``(B) has at least 2 of the following characteristics:
``(i) A folding or telescoping stock.
``(ii) A pistol grip that protrudes conspicuously
beneath the action of the weapon.
``(iii) A fixed magazine capacity in excess of 6
rounds.
``(iv) An ability to accept a detachable
magazine.''.
(2) Technical amendment.--The chapter analysis for chapter
44 of title 18, United States Code, is amended by adding at the
end the following new item:
``931. Designation of semiautomatic assault weapons.''.
(d) Penalties.--Section 924(a)(1)(B) of title 18, United States
Code, is amended by striking ``or 922(q)'' and inserting ``922 (q),
(r), or (s)''.
(e) Identification Markings for Semiautomatic Assault Weapons.--
Section 923(i) of title 18, United States Code, is amended by adding at
the end the following new sentence: ``The serial number of a
semiautomatic assault weapon shall clearly show if the weapon was
manufactured or imported after the effective date of this sentence.''.
HR 3184 IH----2 | Semiautomatic Assault Weapon Violence Prevention Act of 1993 - Amends the Federal criminal code to: (1) make it unlawful to transfer or possess a semiautomatic assault weapon; and (2) list weapons classified as semiautomatic assault weapons. Makes this Act inapplicable to the transfer or possession of a weapon: (1) by a Federal or State agency; (2) that was lawfully possessed before this Act's enactment or, in the case of a semiautomatic firearm designated as a semiautomatic assault weapon under this Act, before the designation is made; or (3) by a licensed manufacturer or importer for purposes of authorized testing or experimentation.
Directs the Secretary of the Treasury to designate a rifle, pistol, or shotgun that is a semiautomatic firearm and meets specified criteria as a semiautomatic assault weapon.
Requires the serial numbers of such weapons to clearly show if they were manufactured or imported after this Act's effective date. | Semiautomatic Assault Weapon Violence Prevention Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mother's Day Centennial
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress hereby finds as follows:
(1) Anna Jarvis, who is considered to be the founder of the
modern Mother's Day, was born in Webster, West Virginia on May
1, 1864.
(2) A resident of Grafton, West Virginia, Anna Jarvis
dedicated much of her adult life to honoring her mother, Anna
Reeves Jarvis, who passed on May 9, 1905.
(3) In 1908, the Andrews Methodist Episcopal Church of
Grafton, West Virginia, officially proclaimed the third
anniversary of Anna Reeves Jarvis' death to be Mother's Day.
(4) In 1910, West Virginia Governor, William Glasscock,
issued the first Mother's Day Proclamation encouraging all West
Virginians to attend church and wear white carnations.
(5) On May 8, 1914, the Sixty-Third Congress approved H. J.
Res. 263 designating the second Sunday in May to be observed as
Mother's Day and encouraging all Americans to display the
American flag at their homes as a public expression of the love
and reverence for the mothers of our Nation.
(6) On May 9, 1914, President Woodrow Wilson issued a
Presidential Proclamation directing government officials to
display the American flag on all government buildings and
inviting the American people to display the flag at their homes
on the second Sunday of May as a public expression of the love
and reverence for the mothers of our nation.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereinafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 400,000 $1 coins each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 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.--The design of the coins minted under this
Act shall be emblematic of the 100th anniversary of President Wilson's
proclamation designating the second Sunday in May as Mother's Day.
(b) Designation and Inscriptions.--On each coin minted under this
Act there shall be--
(1) a designation of the value of the coin;
(2) an inscription of the year ``2014''; and
(3) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(c) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee
established under section 5135 of title 31, United States Code.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1, 2014, except that the Secretary may
initiate sales of such coins, without issuance, before such date.
(c) Termination of Minting Authority.--No coins shall be minted
under this Act after December 31, 2014.
SEC. 6. SALE OF COINS.
(a) Sale Price.--Notwithstanding any other provision of law, the
coins issued under this Act shall be sold by the Secretary at a price
equal to the sum of the face value of the coins, the surcharge required
under section 7(a) for the coins, and the cost of designing and issuing
such coins (including labor, materials, dies, use of machinery,
overhead expenses, and marketing).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders at a Discount.--
(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) Surcharge Required.--All sales shall include a surcharge of $10
per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges which are received by the Secretary from
the sale of coins issued under this Act shall be promptly paid by the
Secretary as follows:
(1) \1/2\ to the Susan G. Komen for the Cure for the
purpose of furthering research funded by the organization.
(2) \1/2\ to the National Osteoporosis Foundation for the
purpose of furthering research funded by the Foundation.
(c) Audits.--The Susan G. Komen for the Cure and the National
Osteoporosis 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 respective organizations under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection.
Passed the House of Representatives June 10, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Mother's Day Centennial Commemorative Coin Act - Instructs the Secretary of the Treasury to mint and issue not more than 400,000 $1 coins emblematic of the 100th anniversary of President Wilson's proclamation designating the second Sunday in May as Mother's Day.
Authorizes the Secretary to issue such coins beginning January 1, 2014, except that the Secretary may initiate sales of such coins, without issuance, before such date.
Terminates such minting authority after December 31, 2014.
Requires coin sales to include a $10 surcharge per coin, with distribution of such surcharges to the Susan G. Komen for the Cure and the National Osteoporosis Foundation for the purpose of furthering research.
Prohibits any surcharge if the coin's issuance would cause the number of commemorative coin programs issued during the year to exceed the annual two commemorative coin program issuance limitation. | To require the Secretary of the Treasury to mint coins in commemoration of the centennial of the establishment of Mother's Day. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Congressionally Mandated
Reports Act''.
SEC. 2. ESTABLISHMENT OF WEBSITE FOR CONGRESSIONALLY MANDATED REPORTS.
(a) Requirement To Establish Website.--Not later than one year
after the date of the enactment of this Act, the Director of the
Government Publishing Office shall establish and maintain a website
accessible by the public that allows the public to obtain electronic
copies of all congressionally mandated reports in one place. The
Director of the Government Publishing Office may publish other reports
on such website.
(b) Content and Function.--The Director of the Government
Publishing Office shall ensure that the website required under
subsection (a) includes the following:
(1) With respect to each congressionally mandated report,
each of the following:
(A) A citation to the statute or conference report
requiring the report.
(B) An electronic copy of the report, including any
transmittal letter associated with the report, in an
open format that is platform independent and that is
available to the public without restrictions, including
restrictions that would impede the re-use of the
information in the report.
(C) The ability to retrieve a report, to the extent
practicable, through searches based on each, and any
combination, of the following:
(i) The title of the report.
(ii) The reporting Federal agency.
(iii) The date of publication.
(iv) Each congressional committee receiving
the report, if applicable.
(v) Subject tags.
(vi) The serial number, Superintendent of
Documents number, or other identification
number for the report, if applicable.
(vii) The statute or conference report
requiring the report.
(viii) Key words.
(ix) Full text search.
(x) Any other relevant information
specified by the Director of the Government
Publishing Office.
(D) The time and date when the report was required
to be submitted, and when the report was submitted, to
the website.
(E) Access to the report not later than 30 calendar
days after its submission to Congress.
(F) To the extent practicable, a permanent means of
accessing the report electronically.
(2) A means for bulk download of all congressionally
mandated reports or a selection of reports retrieved using a
search.
(3) A means for the head of each Federal agency to publish
on the website each congressionally mandated report of the
agency, as required by section 3.
(4) A list form for all congressionally mandated reports
that can be searched, sorted, and downloaded by--
(A) reports submitted within the required time;
(B) reports submitted after the date on which such
reports were required to be submitted; and
(C) reports not submitted.
(c) Free Access.--The Director of the Government Publishing Office
may not charge a fee, require registration, or impose any other
limitation in exchange for access to the website required under
subsection (a).
(d) Upgrade Capability.--The website required under subsection (a)
shall be enhanced and updated as necessary to carry out the purposes of
this Act.
SEC. 3. FEDERAL AGENCY RESPONSIBILITIES.
(a) Submission of Electronic Copies of Reports.--The head of each
Federal agency shall publish congressionally mandated reports of the
agency on the website required under section 2(a)--
(1) in an open format that is platform independent, machine
readable, and available to the public without restrictions
(except the redaction of information described under section
5), including restrictions that would impede the re-use of the
information in the reports; and
(2) in accordance with the guidance issued under subsection
(c).
(b) Submission of Additional Information.--The head of each Federal
agency shall submit to the Director of the Government Publishing Office
the information required under subparagraphs (A) through (D) of section
2(b)(1) with respect to each congressionally mandated report published
pursuant to subsection (a).
(c) Guidance.--Not later than eight months after the date of the
enactment of this Act, the Director of the Office of Management and
Budget, in consultation with the Director of the Government Publishing
Office, shall issue guidance to agencies on the implementation of this
Act.
SEC. 4. REMOVING AND ALTERING REPORTS.
A report submitted to be published to the website required under
section 2(a) may only be changed or removed, with the exception of
technical changes, by the head of the Federal agency concerned with the
express, written consent of the chairman of each congressional
committee to which the report is submitted.
SEC. 5. RELATIONSHIP TO THE FREEDOM OF INFORMATION ACT.
(a) In General.--Nothing in this Act shall be construed to require
the disclosure of information or records that are exempt from public
disclosure under section 552 of title 5, United States Code, or to
impose any affirmative duty on the Director of the Government
Publishing Office to review congressionally mandated reports submitted
for publication to the website established under section 2(a) for the
purpose of identifying and redacting such information or records.
(b) Redaction of Report.--With respect to each congressionally
mandated report, the relevant head of each Federal agency shall redact
any information that may not be publicly released under section 552(b)
of title 5, United States Code, before submission for publication on
the website established under section 2(a), and shall--
(1) redact only such information from the report;
(2) identify where any such redaction is made in the
report; and
(3) identify the exemption under which each such redaction
is made.
(c) Withholding Information.--
(1) In general.--A Federal agency--
(A) may withhold information otherwise required to
be disclosed pursuant to this Act only if--
(i) the Federal agency reasonably foresees
that disclosure would harm an interest
protected by an exemption described in section
552(b) of title 5, United States Code; or
(ii) disclosure is prohibited by law; and
(B) shall--
(i) consider whether partial disclosure of
information is possible whenever the Federal
agency determines that a full disclosure of a
requested record is not possible; and
(ii) take reasonable steps necessary to
segregate and release nonexempt information.
(2) Rule of construction.--Nothing in this subsection
requires disclosure of information that is otherwise prohibited
from disclosure by law, or otherwise exempted from disclosure
under section 552(b)(3) of title 5, United States Code.
SEC. 6. DEFINITIONS.
In this Act:
(1) Congressionally mandated report.--The term
``congressionally mandated report'' means a report that is
required to be submitted to either House of Congress or any
committee of Congress by statute or by a conference report that
accompanies legislation enacted into law.
(2) Federal agency.--The term ``Federal agency'' has the
meaning given that term under section 102 of title 40, United
States Code, but does not include the Government Accountability
Office.
SEC. 7. IMPLEMENTATION.
Except as provided in section 3(c), this Act shall be implemented
not later than one year after the date of the enactment of this Act and
shall apply with respect to congressionally mandated reports submitted
to Congress on or after the date occurring one year after such date of
enactment. | Access to Congressionally Mandated Reports Act This bill requires the Government Publishing Office (GPO) to establish and maintain a website that provides the public free electronic access to all congressionally mandated reports within 30 calendar days after submission to Congress. Each federal agency shall publish congressionally mandated reports on such website. A report submitted for publication may only be changed or removed, with the exception of technical changes, by the agency concerned with the express, written consent of the chairman of each congressional committee to which the report is submitted. Each agency: (1) must redact from such a report any information that may not be publicly released under the Freedom of Information Act (FOIA), (2) may withhold information otherwise required to be disclosed pursuant to this bill only if the agency reasonably foresees that disclosure would harm an interest protected by FOIA exemptions or if disclosure is prohibited by law, and (3) shall consider whether partial disclosure of information is possible whenever full disclosure is not and take reasonable steps necessary to segregate and release nonexempt information. | Access to Congressionally Mandated Reports Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Oversight Commission Act
of 2008''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch the Financial
Oversight Commission (hereafter in this Act referred to as the
``Commission'').
SEC. 3. PURPOSES.
The purposes of the Commission are to--
(1) examine and report upon the facts and causes relating
to the financial crisis of 2008;
(2) ascertain, evaluate, and report on the evidence
developed by all relevant governmental agencies regarding the
facts and circumstances surrounding the crisis;
(3) build upon the investigations of other entities, and
avoid unnecessary duplication, by reviewing the findings,
conclusions, and recommendations of other executive branch,
congressional, or independent commission investigations into
the financial crisis of 2008;
(4) make a full and complete accounting of the
circumstances surrounding the crisis, the private sector and
government role in causing the crisis, and the extent of the
United States preparedness for, and immediate response to, the
crisis; and
(5) investigate and report to the President and Congress on
its findings, conclusions, and recommendations for corrective
measures that can be taken to prevent further economic
breakdown.
SEC. 4. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 10 members, of
whom--
(1) 1 member shall be appointed by the President, who shall
serve as chairman of the Commission;
(2) 1 member shall be appointed by the leader of the Senate
(majority or minority leader, as the case may be) of the
Democratic Party, in consultation with the leader of the House
of Representatives (majority or minority leader, as the case
may be) of the Democratic Party, who shall serve as vice
chairman of the Commission;
(3) 2 members shall be appointed by the senior member of
the Senate leadership of the Democratic Party;
(4) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Republican Party;
(5) 2 members shall be appointed by the senior member of
the Senate leadership of the Republican Party; and
(6) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Democratic Party.
(b) Qualifications; Initial Meeting.--
(1) Political party affiliation.--Not more than 5 members
of the Commission shall be from the same political party.
(2) Nongovernmental appointees.--An individual appointed to
the Commission may not be an officer or employee of the Federal
Government or any State or local government.
(3) Other qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens, with national recognition and
significant depth of experience in such professions as
governmental service, financial services, economics, law,
public administration, commerce, and foreign markets.
(4) Deadline for appointment.--All members of the
Commission shall be appointed on or before December 1, 2008.
(5) Initial meeting.--The Commission shall meet and begin
the operations of the Commission as soon as practicable.
(c) Quorum; Vacancies.--After its initial meeting, the Commission
shall meet upon the call of the chairman or a majority of its members.
Six members of the Commission shall constitute a quorum. Any vacancy in
the Commission shall not affect its powers, but shall be filled in the
same manner in which the original appointment was made.
SEC. 5. FUNCTIONS OF COMMISSION.
(a) In General.--The functions of the Commission are to--
(1) conduct an investigation that--
(A) investigates relevant facts and circumstances
relating to the financial crisis of 2008, including any
relevant legislation, Executive order, regulation,
plan, policy, practice, or procedure; and
(B) may include relevant facts and circumstances
relating to--
(i) government sponsored enterprises (GSE),
including the Federal National Mortgage
Association (Fannie Mae), and the Federal Home
Loan Mortgage Corporation (Freddie Mac);
(ii) the stock market;
(iii) the housing market;
(iv) credit rating agencies;
(v) the financial services sector,
including hedge funds, private equity and the
insurance industry;
(vi) the role of congressional oversight
and resource allocation; and
(vii) other areas of the public and private
sectors determined relevant by the Commission
for its inquiry;
(2) identify, review, and evaluate the lessons learned from
the financial crisis of 2008, regarding the structure,
coordination, management policies, and procedures of the
Federal Government, and, if appropriate, State and local
governments and nongovernmental entities, relative to
detecting, preventing, and responding to such financial crises;
and
(3) submit to the President and Congress such reports as
are required by this Act containing such findings, conclusions,
and recommendations as the Commission shall determine,
including proposing organization, coordination, planning,
management arrangements, procedures, rules, and regulations,
and reports of the on-going review by the Commission under
section 11(c) after the submission of the final investigative
report.
SEC. 6. POWERS OF COMMISSION.
(a) In General.--
(1) Hearings and evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this Act--
(A) hold such hearings and sit and act at such
times and places, take such testimony, receive such
evidence, administer such oaths; and
(B) subject to paragraph (2)(A), 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 or such designated
subcommittee or designated member may determine
advisable.
(2) Subpoenas.--
(A) Issuance.--
(i) In general.--A subpoena may be issued
under this subsection only--
(I) by the agreement of the
chairman and the vice chairman; or
(II) by the affirmative vote of 6
members of the Commission.
(ii) Signature.--Subject to clause (i),
subpoenas issued under this subsection may be
issued under the signature of the chairman or
any member designated by a majority of the
Commission, and may be served by any person
designated by the chairman or by a member
designated by a majority of the Commission.
(B) Enforcement.--
(i) In general.--In the case of contumacy
or failure to obey a subpoena issued under
subsection (a), the United States district
court for the judicial district in which the
subpoenaed person resides, is served, or may be
found, or where the subpoena is returnable, may
issue an order requiring such person to appear
at any designated place to testify or to
produce documentary or other evidence. Any
failure to obey the order of the court may be
punished by the court as a contempt of that
court.
(ii) Additional enforcement.--In the case
of any failure of any witness to comply with
any subpoena or to testify when summoned under
authority of this section, the Commission may,
by majority vote, certify a statement of fact
constituting such failure to the appropriate
United States attorney, who may bring the
matter before the grand jury for its action,
under the same statutory authority and
procedures as if the United States attorney had
received a certification under sections 102
through 104 of the Revised Statutes of the
United States (2 U.S.C. 192 through 194).
(b) Contracting.--The Commission may, to such extent and in such
amounts as are provided in appropriation Acts, enter into contracts to
enable the Commission to discharge its duties under this Act.
(c) Information From Federal Agencies.--
(1) In general.--The Commission is authorized to secure
directly from any executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Government, information, suggestions,
estimates, and statistics for the purposes of this Act. Each
department, bureau, agency, board, commission, office,
independent establishment, or instrumentality shall, to the
extent authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request made by the chairman, the chairman of
any subcommittee created by a majority of the Commission, or
any member designated by a majority of the Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
(d) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States may provide to the Commission
such services, funds, facilities, staff, and other support
services as they may determine advisable and as may be
authorized by law.
(e) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(f) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
SEC. 7. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
(a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Commission.
(b) Public Meetings and Release of Public Versions of Reports.--The
Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the reports required under
subsections (a), (b), and (c) of section 11.
(c) Public Hearings.--Any public hearings of the Commission shall
be conducted in a manner consistent with the protection of information
provided to or developed for or by the Commission as required by any
applicable statute, regulation, or Executive order.
SEC. 8. STAFF OF COMMISSION.
(a) In General.--
(1) Appointment and compensation.--The chairman, in
consultation with vice chairman, in accordance with rules
agreed upon by the Commission, may appoint and fix the
compensation of a staff director and such other personnel as
may be necessary to enable the Commission to carry out its
functions, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service,
and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no
rate of pay fixed under this subsection may exceed the
equivalent of that payable for a position at level V of the
Executive Schedule under section 5316 of title 5, United States
Code.
(2) Personnel as federal employees.--
(A) In general.--The executive director and any
personnel of the Commission who are employees shall be
employees under section 2105 of title 5, United States
Code, for purposes of chapters 63, 81, 83, 84, 85, 87,
89, and 90 of that title.
(B) Members of commission.--Subparagraph (A) shall
not be construed to apply to members of the Commission.
(b) Detailees.--Any Federal Government employee may be detailed to
the Commission without reimbursement from the Commission, and such
detailee shall retain the rights, status, and privileges of his or her
regular employment without interruption.
(c) Consultant Services.--The Commission is authorized to procure
the services of experts and consultants in accordance with section 3109
of title 5, United States Code, but at rates not to exceed the daily
rate paid a person occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
SEC. 9. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission may be compensated
at not to exceed the daily equivalent of the annual rate of basic pay
in effect for a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day during which
that member is engaged in the actual performance of the duties of the
Commission.
(b) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703(b) of title 5, United States Code.
SEC. 10. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate Federal agencies or departments shall cooperate
with the Commission in expeditiously providing to the Commission
members and staff appropriate security clearances to the extent
possible pursuant to existing procedures and requirements, except that
no person shall be provided with access to classified information under
this Act without the appropriate security clearances.
SEC. 11. REPORTS OF COMMISSION; CONTINUED REVIEW; TERMINATION.
(a) Interim Investigative Reports.--The Commission may submit to
the President and Congress interim investigative reports containing
such findings, conclusions, and recommendations for corrective measures
as have been agreed to by a majority of Commission members.
(b) Final Investigative Report.--Not later than 12 months after the
date of the enactment of this Act, the Commission shall submit to the
President and Congress a final report containing such findings,
conclusions, and recommendations for corrective measures as have been
agreed to by a majority of Commission members.
(c) Continued Review and Reporting.--During the 4-year period
following the date of the submission of the final investigative report
to the Congress pursuant to subsection (b), the Commission shall
continue to review the subjects investigated by the Commission under
this Act, and the response of the Congress and the Executive branch to
the final investigative report of the Commission as well as conditions
in the marketplace, and submit such reports on the findings and
recommendations of the Commission as the Commission determines to be
appropriate.
(d) Termination.--The Commission, and all the authorities of this
Act, shall terminate 4 years after the date on which the final
investigative report is submitted under subsection (b).
SEC. 12. FUNDING.
(a) In General.--There is hereby authorized to be appropriated to
the Commission such sums as may be necessary for purposes of the
carrying out the activities of the Commission under this Act for fiscal
years beginning before the termination of the Commission.
(b) Duration of Availability.--Amounts appropriated under
subsection (a) are authorized to be made available until the
termination of the Commission. | Financial Oversight Commission Act of 2008 - Establishes the Financial Oversight Commission to investigate facts and circumstances relating to the financial crisis of 2008, including any relevant legislation, Executive Order, regulation, plan, policy, practice, or procedure that pertains to: (1) government sponsored enterprises (GSEs), including the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac); (2) the stock market; (3) the housing market; (4) credit rating agencies; (5) the financial services sector, including hedge funds, private equity, and the insurance industry; and (6) the role of congressional oversight and resource allocation.
Directs the Commission to identify, evaluate, and report to Congress and the President on the lessons learned from the financial crisis regarding the structure, coordination, management policies, and procedures of governmental and nongovernmental entities related to crisis detection, prevention, and response. | To establish the Financial Oversight Commission, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission to Study the Culture of
Violence in America Act''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the Commission to
Study the Culture of Violence in America (hereinafter the
``Commission'').
SEC. 3. DUTIES OF COMMISSION.
The Commission shall--
(1) examine the glorification of violence in the United
States;
(2) examine the relationship between psychological stress
and increased violence;
(3) examine the role of the media in the violent atmosphere
prevalent today;
(4) examine the correlation, if any, between ease of access
to firearms and increased violence;
(5) examine the role of the school system in identifying
potential perpetrators of violence; and
(6) make findings and conclusions, and recommend potential
solutions (including recommendations for legislation and
administrative action) to alleviate the problems of
glorification of violence in the United States.
SEC. 4. MEMBERSHIP OF COMMISSION.
(a) Number and Appointment.--The Commission shall be composed of 22
members (hereinafter the ``members'') who shall be appointed as
follows:
(1) 10 members appointed by the President.
(2) 3 members appointed by the majority leader of the House
of Representatives.
(3) 3 members appointed by the minority leader of the House
of Representatives.
(4) 3 members appointed by the majority leader of the
Senate.
(5) 3 members appointed by the minority leader of the
Senate.
(b) Qualifications.--
(1) In general.--Members shall have special knowledge of or
experience in the issue of violence in America, and may include
sociologists, psychologists, clergy, school counselors, law
enforcement officials, victims of violence, and representatives
from the media and the entertainment and gun industries.
(2) Political affiliation.--Political affiliation shall not
be a determining factor in the appointment of members.
(c) Deadline for Appointment.--Every original member shall be
appointed to the Commission not later than 90 days after the date of
enactment of this Act.
(d) 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.
(e) Basic Pay.--Members shall not be paid by reason of their
service as members.
(f) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with section
5703 of title 5, United States Code.
(g) Quorum.--Nine members shall constitute a quorum for conducting
the business of the Commission, but a lesser number may hold hearings.
(h) Chairperson.--The members shall elect one member to act as the
Chairperson of the Commission (hereinafter the ``Chairperson'').
(i) 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
Commission personnel 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 such 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 the department or agency to
assist the Commission in carrying out the duties of the Commission.
SEC. 6. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may hold hearings, sit
and act at times and places, take testimony, and receive evidence as
the Commission considers appropriate to carry out this Act.
(b) Powers of Members and Agents.--The Commission may delegate to a
member or agency any authority of the Commission under subsection (c)
or (e).
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable the Commission to carry out this Act. Upon request
of the Chairperson, the head of the department or agency shall furnish
the information to the Commission.
(d) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its duties.
(e) Contract Authority.--The Commission may contract with and
compensate Government or private agencies or persons for supplies or
services, without regard to section 3709 of the Revised Statutes (41
U.S.C. 5).
SEC. 7. REPORT OF COMMISSION.
The Commission shall transmit a report to the President and the
Congress not later than one year after the date that all original
members have been appointed to the Commission. The report shall contain
a detailed statement of the findings, conclusions, and recommendations
of the Commission.
SEC. 8. TERMINATION OF COMMISSION.
The Commission shall terminate 30 days after submitting the report
required by section 7. | Commission to Study the Culture of Violence in America Act - Establishes the Commission to Study the Culture of Violence in America to examine the: (1) glorification of violence in the United States; (2) relationship between psychological stress and increased violence; (3) media's role in the violent atmosphere; (4) correlation between ease of access to firearms and increased violence; and (5) role of the school system in identifying potential perpetrators of violence. Directs the Commission to recommend potential solutions to the problems of glorification of violence in the United States. | To establish a commission to study the culture and glorification of violence in America. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Worker Amnesty and Opportunity Act
of 2001''.
SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN UNDOCUMENTED AND NONIMMIGRANT
ALIENS.
(a) In General.--The Immigration and Nationality Act is amended by
inserting after section 210 the following new section:
``alien worker amnesty
``Sec. 210A. (a) Lawful Permanent Residence.--The Attorney General
shall adjust the status of an alien to that of an alien lawfully
admitted for permanent residence if the alien submits an application
and the Attorney General determines that the alien meets the following
requirements:
``(1) Presence in united states.--The alien maintained a
continuous physical presence in the United States for a period
of not less than 10 years immediately prior to the date of the
submission of an application under this section. For the
purposes of this section an alien shall be considered to have
failed to maintain continuous physical presence in the United
States for the purposes of this section if the alien has
departed from the United States for any period in excess of 90
days or for any periods in the aggregate exceeding 365 days.
``(2) Qualification.--The alien fulfills at least 1 of the
following qualifications:
``(A) Alien sponsored by a labor organization and
employed in an occupation with a worker shortage.--The
alien is employed in the United States in an occupation
which during the 2-year period prior to the date of the
submission of an application under this section has
experienced a shortage of workers and the application
of the alien under this section is sponsored by a labor
organization.
``(B) Alien eligible for admission as student at an
institution of higher education.--The alien is eligible
for admission as a student at an accredited institution
of higher education in the United States.
``(C) Age.--The alien has attained the age of 65
years.
``(3) Admissible as immigrant.--The alien is admissible to
the United States as an immigrant, except as otherwise provided
under subsection (b)(2).
``(b) Waiver of Numerical Limitations and Certain Grounds for
Exclusion.--
``(1) Numerical limitations.--The numerical limitations of
sections 201 and 202 shall not apply to the adjustment of
aliens to lawful permanent resident status under this section.
``(2) Grounds for exclusion.--With respect to the
determination of an alien's admissibility under subsection
(a)(3):
``(A) Not applicable.--The provisions of paragraphs
(6) and (7) of section 212(a) shall not apply.
``(B) Discretionary.--
``(i) In general.--Except as provided in
clause (ii), in the determination of such an
alien's admissibility, the Attorney General may
waive any other provision of section 212(a) in
the case of individual aliens for humanitarian
purposes, to assure family unity, or when it is
otherwise in the public interest.
``(ii) Grounds that may not be waived.--The
following provisions of section 212(a) may not
be waived by the Attorney General under clause
(i):
``(I) Paragraph (2)(A) and (2)(B)
(relating to criminals).
``(II) Paragraph (2)(C) (relating
to drug offenses), except for so much
of such paragraph as relates to a
single offense of simple possession of
30 grams or less of marihuana.
``(III) Paragraph (3) (relating to
security and related grounds), other
than subparagraph (E) thereof.
``(c) Temporary Stay of Exclusion or Deportation for Certain
Applicants.--The Attorney General shall provide that in the case of an
alien who presents a nonfrivolous application under subsection (a), and
until a final determination on the application has been made in
accordance with this section, the alien may not be excluded or
deported.
``(d) Temporary Work Authorization for Certain Applicants.--An
applicant under this section is not entitled to employment
authorization, but such authorization may be provided in the discretion
of the Attorney General.''.
(b) Clerical Amendment.--The table of contents of the Immigration
and Nationality Act is amended by inserting after the item relating to
section 210 the following new item:
``Sec. 210A. Alien worker amnesty.''. | Worker Amnesty and Opportunity Act of 2001 - Amends the Immigration and Nationality Act to provide for legal permanent resident status for certain undocumented or nonimmigrant aliens who are: (1) alien workers; (2) eligible for admission at a U.S. institution of higher education; or (3) at least 65 years old. | To amend the Immigration and Nationality Act to provide for legal permanent resident status for certain undocumented or nonimmigrant aliens. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Double Taxation Elimination and
Economic Growth Act of 2003''.
SEC. 2. DEDUCTION FOR DIVIDENDS PAID.
(a) In General.--Part VIII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to special deductions for
corporations) is amended by adding at the end the following new
section:
``SEC. 250. DIVIDENDS PAID BY CORPORATIONS.
``(a) In General.--In the case of a domestic corporation, there
shall be allowed as a deduction for the taxable year an amount equal to
the amount of dividends paid during the taxable year.
``(b) Exceptions.--Subsection (a) shall not apply to--
``(1) any dividend from--
``(A) a regulated investment company,
``(B) a real estate investment trust, or
``(C) an S corporation,
``(2) any dividend of a corporation which for the taxable
year of the corporation in which the distribution is made is a
corporation exempt from tax under section 521 (relating to
farmers' cooperative associations), and
``(3) any dividend described in section 404(k).
``(c) Disallowance of Dividends Received Deduction.--In the case of
the deduction allowed by subsection (a) with respect to any dividend,
no deduction shall be allowed under any other provision of this part
with respect to such dividend.''.
(b) Clerical Amendment.--The table of sections for part VIII of
subchapter B of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 250. Dividends paid by
corporations.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002.
SEC. 3. DIVIDENDS RECEIVED BY INDIVIDUALS TAXED AT CAPITAL GAIN RATES.
(a) In General.--Subsection (h) of section 1 of the Internal
Revenue Code of 1986 (relating to maximum capital gains rate) is
amended by adding at the end the following new paragraph:
``(13) Dividends taxed as net capital gain.--
``(A) In general.--For purposes of this subsection,
the term `net capital gain' means net capital gain
(determined without regard to this paragraph) increased
by qualified dividend income.
``(B) Qualified dividend income.--For purposes of
this paragraph, the term `qualified dividend income'
means dividends received from domestic corporations
during the taxable year other than--
``(i) any dividend from a corporation which
for the taxable year of the corporation in
which the distribution is made, or the
preceding taxable year, is a corporation exempt
from tax under section 501 or 521,
``(ii) any dividend from a real estate
investment trust which, for the taxable year in
which the dividend is paid, qualified under
part II of subchapter M,
``(iii) any amount allowed as a deduction
under section 591 (relating to deduction for
dividends paid by mutual savings banks, etc.),
``(iv) any dividend described in section
404(k),
``(v) any dividend on any share of stock
with respect to which the holding period
requirements of section 246(c) are not met, and
``(vi) any dividend which the taxpayer
takes into account as investment income under
section 163(d)(4)(B).
``(C) Special rule for nonresident aliens.--In the
case of a nonresident alien individual, subparagraph
(A) shall apply only--
``(i) in determining the tax imposed for
the taxable year pursuant to section 871(b) and
only in respect of dividends which are
effectively connected with the conduct of a
trade or business within the United States, and
``(ii) in determining the tax imposed for
the taxable year pursuant to section 877.
``(D) Treatment of dividends from regulated
investment companies.--
``For treatment of dividends from
regulated investment companies, see section 854.''.
(b) Treatment of Dividends From Regulated Investment Companies.--
(1) Subsection (a) of section 854 of such Code is amended
by inserting ``section 1(h)(13) (relating to maximum rate of
tax on dividends) and'' after ``For purposes of''.
(2) Paragraph (1) of section 854(b) of such Code is amended
by redesignating subparagraph (B) as subparagraph (C) and by
inserting after subparagraph (A) the following new
subparagraph:
``(B) Maximum rate under section 1(h).--
``(i) In general.--If the aggregate
dividends received by a regulated investment
company during any taxable year are less than
95 percent of its gross income, then, in
computing the maximum rate under section
1(h)(13), rules similar to the rules of
subparagraph (A) shall apply.
``(ii) Gross income.--For purposes of
clause (i), in the case of 1 or more sales or
other dispositions of stock or securities, the
term `gross income' includes only the excess
of--
``(I) the net short-term capital
gain from such sales or dispositions,
over
``(II) the net long-term capital
loss from such sales or
dispositions.''.
(3) Subparagraph (C) of section 854(b)(1) of such Code, as
redesignated by paragraph (2), is amended by striking
``subparagraph (A)'' and inserting ``subparagraph (A) or (B)''.
(4) Paragraph (2) of section 854(b) of such Code is amended
by inserting ``the maximum rate under section 1(h)(13) and''
after ``for purposes of''.
(c) Exclusion of Dividends From Investment Income.--Subparagraph
(B) of section 163(d)(4) of such Code is amended by adding at the end
the following flush sentence:
``Such term shall include qualified dividend income (as
defined in section 1(h)(13)(B)) only to the extent the
taxpayer elects to treat such income as investment
income for purposes of this subsection.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002. | Double Taxation Elimination and Economic Growth Act of 2003 - Amends the Internal Revenue Code to: (1) allow, for a corporation, a deduction for dividends paid; and (2) tax dividends received by individuals as capital gain. | To amend the Internal Revenue Code of 1986 to give a deduction to corporations for dividends paid and to exclude dividends from gross income. |
SECTION 1. FINDINGS.
Congress finds the following:
(1) It is in the interest of the United States to maximize
economic return from the growing trade in cruise ship sailings
to and from Alaska by encouraging the use of United States
berthing and repair facilities, labor, supplies, and other
services, as well as the growth of new enterprises such as the
carriage of passengers on luxury cruises between ports in
Alaska.
(2) In promoting additional economic benefits to the United
States from the cruise ship industry, there is a need to ensure
that existing employment and economic activity associated with
the Alaska Marine Highway System, United States-flag tour boats
operating from Alaska ports, and similar efforts are protected
from adverse impacts.
(3) Cruise ship sailings to Alaska comprise a vital and
growing segment of the United States travel industry. The
number of passengers entering or leaving Alaska via cruise ship
increased by 14 percent in the last two years alone, and is
expected to continue increasing at a similar or higher rate.
(4) No United States-flag cruise ships are presently
available to enter the Alaska trade. Thus, all cruise ships
carrying passengers to and from Alaska destinations are
foreign-flag vessels which are precluded, under current law,
from carrying passengers from other United States ports to
ports in Alaska, and from carrying passengers between ports in
Alaska.
(5) The City of Vancouver, British Columbia receives
substantial economic benefit through providing services to
cruise ships in the Alaska trade, including direct and indirect
employment of 2,435 persons in 1992, and direct and indirect
payments for goods and services of $119,700,000.
(6) The transfer of cruise ship-based economic activity
from Vancouver, British Columbia to United States ports could,
at 1992 spending levels, yield additional Federal Government
revenues of $97,600,000 per annum, and additional State and
local government revenues of $29,700,000.
SEC. 2. FOREIGN FLAG CRUISE VESSELS.
(a) Waiver.--Notwithstanding provisions of section 8 of the Act of
June 19, 1886 (46 U.S.C. 289), or any other provision of law,
passengers may be transported in foreign-flag cruise vessels between
ports in Alaska and between ports in Alaska and other United States
ports, except as otherwise provided by this section.
(b) Coastwise Trade.--Upon a showing satisfactory to the Secretary
of Transportation, by the owner or charterer of a United States cruise
vessel, that service aboard such vessel qualified to engage in the
coastwise trade is being offered or advertised pursuant to a
Certificate of Financial Responsibility for Indemnification of
Passengers for Nonperformance of Transportation (46 App. U.S.C. 817e)
from the Federal Maritime Commission for service in the coastwise trade
between ports in Alaska or between ports in Alaska and other ports in
the United States, or both, the Secretary shall notify the owner or
operator of one or more foreign-flag cruise vessels transporting
passengers under authority of this section, if any, that he shall,
within one year from the date of notification, terminate such service.
Coastwise privileges granted to any owner or operator of a foreign-flag
cruise vessel under this section shall expire on the 365th day
following receipt of the Secretary's notification.
(c) Notification.--Notifications issued by the Secretary under
subsection (b) of this section shall be issued to the owners or
operators of foreign-flag cruise vessels--
(1) in the reverse of the order in which foreign-flag
cruise vessels entered the coastwise service under this
section determined by the date of the vessels' first coastwise
sailing; and
(2) in the minimum number as to ensure that the passenger-
carrying capacity thereby removed from coastwise service
exceeds the passenger-carrying capacity of the United States
cruise vessel which is entering the service.
(d) Termination.--If, at the expiration of the 365-day period
specified in subsection (b) of this section, the United States cruise
vessel that has offered service has not entered the coastwise passenger
trade between ports in Alaska or between ports in Alaska and other
ports in the United States, then the termination of service required by
subsection (b) shall not take effect until 90 days following the entry
into trade by the United States vessel.
(e) Definitions.--For the purposes of this section, the term--
(1) ``cruise vessel'' means a vessel of greater than 5,000
deadweight tons which provides a full range of luxury
entertainment, personal care and food services for its
passengers; and
(2) ``foreign-flag cruise vessels'' does not apply to
vessels which regularly carry for hire both passengers and
vehicles or other cargo.
(f) Disclaimer.--Nothing in this Act shall be construed as
affecting or otherwise modifying the authority contained in the Act of
June 30, 1961 (46 U.S.C. 289b) authorizing the transportation of
passengers and merchandise in Canadian vessels between ports in Alaska
and the United States. | Prescribes guidelines under which passengers may be transported in foreign-flag cruise vessels between ports in Alaska and between ports in Alaska and other U.S. ports. | A bill to increase economic benefits to the United States from the activities of cruise ships visiting Alaska. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Copyright Term Extension Act of
1997''.
SEC. 2. DURATION OF COPYRIGHT PROVISIONS.
(a) Preemption With Respect to Other Laws.--Section 301(c) of title
17, United States Code, is amended by striking ``February 15, 2047''
each place it appears and inserting ``February 15, 2067''.
(b) Duration of Copyright: Works Created on or After January 1,
1978.--Section 302 of title 17, United States Code, is amended--
(1) in subsection (a) by striking ``fifty'' and inserting
``70'';
(2) in subsection (b) by striking ``fifty'' and inserting
``70'';
(3) in subsection (c) in the first sentence--
(A) by striking ``seventy-five'' and inserting
``95''; and
(B) by striking ``one hundred'' and inserting
``120''; and
(4) in subsection (e) in the first sentence--
(A) by striking ``seventy-five'' and inserting
``95'';
(B) by striking ``one hundred'' and inserting
``120''; and
(C) by striking ``fifty'' each place it appears and
inserting ``70''.
(c) Duration of Copyright: Works Created but Not Published or
Copyrighted Before January 1, 1978.--Section 303 of title 17, United
States Code, is amended in the second sentence by striking ``December
31, 2027'' and inserting ``December 31, 2047''.
(d) Duration of Copyright: Subsisting Copyrights.--
(1) Section 304 of title 17, United States Code, is
amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) in subparagraph (B) by striking
``47'' and inserting ``67''; and
(II) in subparagraph (C) by
striking ``47'' and inserting ``67'';
(ii) in paragraph (2)--
(I) in subparagraph (A) by striking
``47'' and inserting ``67''; and
(II) in subparagraph (B) by
striking ``47'' and inserting ``67'';
and
(iii) in paragraph (3)--
(I) in subparagraph (A)(i) by
striking ``47'' and inserting ``67'';
and
(II) in subparagraph (B) by
striking ``47'' and inserting ``67'';
and
(B) by amending subsection (b) to read as follows:
``(b) Copyrights in Their Renewal Term.--Any copyright still in its
renewal term at the time that the Copyright Term Extension Act of 1997
becomes effective shall endure for a term of 95 years from the date
copyright was originally secured.''.
(2) Section 102 of the Copyright Renewal Act of 1992
(Public Law 102-307; 106 Stat. 266; 17 U.S.C. 304 note) is
amended--
(A) in subsection (c)--
(i) by striking ``47'' and inserting
``67'';
(ii) by striking ``(as amended by
subsection (a) of this section)''; and
(iii) by striking ``effective date of this
section'' each place it appears and inserting
``effective date of the Copyright Term
Extension Act of 1997''; and
(B) in subsection (g)(2) in the second sentence by
inserting before the period the following: ``, except
each reference to forty-seven years in such provisions
shall be deemed to be 67 years''.
SEC. 3. REPRODUCTION BY LIBRARIES AND ARCHIVES.
Section 108 of title 17, United States Code, is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following:
``(h) For purposes of this section, during the last 20 years of any
term of copyright of a published work, a library or archives, including
a nonprofit educational institution that functions as such, may
reproduce, distribute, display, or perform in facsimile or digital form
a copy or phonorecord of such work, or portions thereof, for purposes
of preservation, scholarship, or research, if such library or archives
has first determined, on the basis of a reasonable investigation, that
none of the conditions set forth in paragraphs (1), (2), and (3) apply.
No reproduction, distribution, display, or performance is authorized
under this subsection if--
``(1) the work is subject to normal commercial
exploitation;
``(2) a copy or phonorecord of the work can be obtained at
a reasonable price; or
``(3) the copyright owner or its agent provides notice
pursuant to regulations promulgated by the Register of
Copyrights that either of the conditions set forth in
paragraphs (1) and (2) applies.
The exemption provided in this subsection does not apply to any
subsequent uses by users other than such library or archives.''.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date of the enactment of this Act. | Copyright Term Extension Act of 1997 - Amends Federal copyright provisions regarding preemption of laws concerning duration of copyrights. Prohibits the annulment or limitation of rights or remedies under State laws with respect to sound recordings fixed before February 15, 1972, until February 15, 2067 (currently, 2047).
Extends the duration of copyright in a work created on or after January 1, 1978, to the life of the author and 70 (currently, 50) years after the author's death. Makes the same extension with regard to joint works created on or after such date.
Extends the duration of copyright in anonymous or pseudonymous works or works made for hire on or after such date to 95 (currently, 75) years from the year of the first publication, or 120 (currently, 100) years from the year of creation, whichever expires first. Makes conforming extensions with respect to provisions regarding the presumption of an author's death.
Extends from December 31, 2027, to December 31, 2047, the duration of copyright in works published on or before December 31, 2012.
Extends the duration of certain subsisting copyright renewals by a period of 20 years.
Allows, during the last 20 years of any term of copyright of a published work, a library or archives to reproduce, distribute, display, or perform in facsimile or digital form a copy or phonorecord of such work for purposes of preservation, scholarship, or research after determining that none of the following conditions apply: (1) the work is subject to normal commercial exploitation; (2) a copy or phonorecord of the work can be obtained at a reasonable price; or (3) the copyright owner or its agent provides notice that either condition above applies. Provides that such exemption does not apply to any subsequent uses by users other than such library or archives. | Copyright Term Extension Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cybersecurity Education Enhancement
Act of 2005''.
SEC. 2. DEPARTMENT OF HOMELAND SECURITY CYBERSECURITY TRAINING PROGRAMS
AND EQUIPMENT.
(a) In General.--The Secretary of Homeland Security, acting through
the Assistant Secretary of Cybersecurity, shall establish, in
conjunction with the National Science Foundation, a program to award
grants to institutions of higher education (and consortia thereof)
for--
(1) the establishment or expansion of cybersecurity
professional development programs;
(2) the establishment or expansion (or both) of associate
degree programs in cybersecurity; and
(3) the purchase of equipment to provide training in
cybersecurity for either professional development programs or
degree programs.
(b) Roles.--
(1) Department of homeland security.--The Secretary, acting
through the Assistant Secretary and in consultation with the
Director of the National Science Foundation, shall establish
the goals for the program established under this section and
the criteria for awarding grants.
(2) National science foundation.--The Director of the
National Science Foundation shall operate the program
established under this section consistent with the goals and
criteria established under paragraph (1), including soliciting
applicants, reviewing applications, and making and
administering awards. The Director may consult with the
Assistant Secretary in selecting awardees.
(3) Funding.--The Secretary shall transfer to the National
Science Foundation the funds necessary to carry out this
section.
(c) Awards.--
(1) Peer review.--All awards under this section shall be
provided on a competitive, merit-reviewed basis.
(2) Focus.--In making awards under this section, the
Director shall, to the extent practicable, ensure geographic
diversity and the participation of women and underrepresented
minorities.
(3) Preference.--In making awards under this section, the
Director--
(A) shall give preference to applications submitted
by consortia of institutions, to encourage as many
students and professionals as possible to benefit from
the program established under this section; and
(B) shall give preference to any application
submitted by a consortium of institutions that includes
at least one institution that is eligible to receive
funds under title III or V of the Higher Education Act
of 1965.
(d) Institution of Higher Education Defined.--In this section the
term ``institution of higher education'' has the meaning given that
term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)).
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary for carrying out this section $3,700,000
for each of fiscal years 2006 and 2007.
SEC. 3. E-SECURITY FELLOWS PROGRAM.
(a) Establishment of Program.--Subtitle C of title II of the
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by
adding at the end the following:
``SEC. 226. E-SECURITY FELLOWS PROGRAM.
``(a) Establishment.--
``(1) In general.--The Secretary shall establish a
fellowship program in accordance with this section for the
purpose of bringing State, local, tribal, and private sector
officials to participate in the work of the National
Cybersecurity Division in order to become familiar with the
Department's stated cybersecurity missions and capabilities,
including but not limited to--
``(A) enhancing Federal, State, local, and tribal
government cybersecurity;
``(B) developing partnerships with other Federal
agencies, State, local, and tribal governments, and the
private sector;
``(C) improving and enhancing public/private
information sharing involving cyber attacks, threats,
and vulnerabilities;
``(D) providing and coordinating incident response
and recovery planning efforts; and
``(E) fostering training and certification.
``(2) Program name.--The program under this section shall
be known as the E-Security Fellows Program.
``(b) Eligibility.--In order to be eligible for selection as a
fellow under the program, an individual must--
``(1) have cybersecurity-related responsibilities; and
``(2) be eligible to possess an appropriate national
security clearance.
``(c) Limitations.--The Secretary--
``(1) may conduct up to 2 iterations of the program each
year, each of which shall be 180 days in duration; and
``(2) shall ensure that the number of fellows selected for
each iteration does not impede the activities of the Division.
``(d) Condition.--As a condition of selecting an individual as a
fellow under the program, the Secretary shall require that the
individual's employer agree to continue to pay the individual's salary
and benefits during the period of the fellowship.
``(e) Stipend.--During the period of the fellowship of an
individual under the program, the Secretary shall, subject to the
availability of appropriations, provide to the individual a stipend to
cover the individual's reasonable living expenses during the period of
the fellowship.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to such
subtitle the following:
``Sec. 226. E-Security Fellows Program.''. | Cybersecurity Education Enhancement Act of 2005 - Directs the Secretary of Homeland Security, acting through the Assistant Secretary of Cybersecurity, to establish, in conjunction with the National Science Foundation, a program to award grants to institutions of higher education for: (1) cybersecurity professional development programs; (2) associate degree programs in cybersecurity; and (3) the purchase of equipment to provide training in cybersecurity for either professional development or degree programs.
Requires the Director of the National Science Foundation to operate the program.
Amends the Homeland Security Act of 2002 to direct the Secretary to establish an e-security fellowship program to bring state, local, tribal, and private sector officials to participate in the work of the National Cybersecurity Division in order to become familar with Department of Homeland Security cybersecurity missions and capabilities. | To authorize the Secretary of Homeland Security to establish a program to award grants to institutions of higher education for the establishment or expansion of cybersecurity professional development programs, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employee Protection of
Disclosures Act''.
SEC. 2. CLARIFICATION OF DISCLOSURES COVERED.
Section 2302(b)(8) of title 5, United States Code, is amended--
(1) in subparagraph (A)--
(A) by striking ``which the employee or applicant
reasonably believes evidences'' and inserting ``,
without restriction as to time, place, form, motive,
context, or prior disclosure made to any person by an
employee or applicant, including a disclosure made in
the ordinary course of an employee's duties, that the
employee or applicant reasonably believes is evidence
of''; and
(B) in clause (i), by striking ``a violation'' and
inserting ``any violation''; and
(2) in subparagraph (B)--
(A) by striking ``which the employee or applicant
reasonably believes evidences'' and inserting ``,
without restriction as to time, place, form, motive,
context, or prior disclosure made to any person by an
employee or applicant, including a disclosure made in
the ordinary course of an employee's duties, of
information that the employee or applicant reasonably
believes is evidence of''; and
(B) in clause (i), by striking ``a violation'' and
inserting ``any violation (other than a violation of
this section)''.
SEC. 3. COVERED DISCLOSURES.
Section 2302(a)(2) of title 5, United States Code, is amended--
(1) in subparagraph (B)(ii), by striking ``and'' at the
end;
(2) in subparagraph (C)(iii), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(D) `disclosure' means a formal or informal
communication, but does not include a communication concerning
policy decisions that lawfully exercise discretionary authority
unless the employee providing the disclosure reasonably
believes that the disclosure evidences--
``(i) any violation of any law, rule, or
regulation; or
``(ii) gross mismanagement, a gross waste of funds,
an abuse of authority, or a substantial and specific
danger to public health or safety.''.
SEC. 4. REBUTTABLE PRESUMPTION.
Section 2302(b) of title 5, United States Code, is amended by
adding at the end the following: ``For purposes of paragraph (8), any
presumption relating to the performance of a duty by an employee who
has authority to take, direct others to take, recommend, or approve any
personnel action may be rebutted by substantial evidence. For purposes
of paragraph (8), a determination as to whether an employee or
applicant reasonably believes that such employee or applicant has
disclosed information that evidences any violation of law, rule,
regulation, gross mismanagement, a gross waste of funds, an abuse of
authority, or a substantial and specific danger to public health or
safety shall be made by determining whether a disinterested observer
with knowledge of the essential facts known to or readily ascertainable
by the employee or applicant would reasonably conclude that the actions
of the Government evidence such violations, mismanagement, waste,
abuse, or danger.''.
SEC. 5. NONDISCLOSURE POLICIES, FORMS, AND AGREEMENTS.
(a) Personnel Action.--Section 2302(a)(2)(A) of title 5, United
States Code, is amended--
(1) in clause (x), by striking ``and'' at the end;
(2) by redesignating clause (xi) as clause (xii); and
(3) by inserting after clause (x) the following:
``(xi) the implementation or enforcement of any
nondisclosure policy, form, or agreement; and''.
(b) Prohibited Personnel Practice.--Section 2302(b) of title 5,
United States Code, is amended--
(1) in paragraph (11), by striking ``or'' at the end;
(2) in paragraph (12), by striking the period and inserting
a semicolon; and
(3) by inserting after paragraph (12) the following:
``(13) implement or enforce any nondisclosure policy, form,
or agreement, if such policy, form, or agreement does not
contain the following statement:
```These provisions are consistent with and do not supersede,
conflict with, or otherwise alter the employee obligations, rights, or
liabilities created by Executive Order No. 12958; section 7211 of title
5, United States Code (governing disclosures to Congress); section 1034
of title 10, United States Code (governing disclosures to Congress by
members of the military); section 2302(b)(8) of title 5, United States
Code (governing disclosures of illegality, waste, fraud, abuse, or
public health or safety threats); the Intelligence Identities
Protection Act of 1982 (50 U.S.C. 421 and following) (governing
disclosures that could expose confidential Government agents); and the
statutes which protect against disclosures that could compromise
national security, including sections 641, 793, 794, 798, and 952 of
title 18, United States Code, and section 4(b) of the Subversive
Activities Control Act of 1950 (50 U.S.C. 783(b)). The definitions,
requirements, obligations, rights, sanctions, and liabilities created
by such Executive order and such statutory provisions are incorporated
into this agreement and are controlling.'; or
``(14) conduct, or cause to be conducted, an investigation,
other than any ministerial or nondiscretionary factfinding
activities necessary for the agency to perform its mission, of
an employee or applicant for employment because of any activity
protected under this section.''.
SEC. 6. EXCLUSION OF AGENCIES BY THE PRESIDENT.
Section 2302(a)(2)(C) of title 5, United States Code, is amended by
striking clause (ii) and inserting the following:
``(ii)(I) the Federal Bureau of Investigation, the
Central Intelligence Agency, the Defense Intelligence
Agency, the National Geospatial-Intelligence Agency,
the National Security Agency; and
``(II) as determined by the President, any
executive agency or unit thereof the principal function
of which is the conduct of foreign intelligence or
counterintelligence activities, if the determination
(as that determination relates to a personnel action)
is made before that personnel action; or''.
SEC. 7. DISCIPLINARY ACTION.
Section 1215(a)(3) of title 5, United States Code, is amended to
read as follows:
``(3)(A) A final order of the Board may impose--
``(i) disciplinary action consisting of removal, reduction
in grade, debarment from Federal employment for a period not to
exceed 5 years, suspension, or reprimand;
``(ii) an assessment of a civil penalty not to exceed
$1,000; or
``(iii) any combination of disciplinary actions described
under clause (i) and an assessment described under clause (ii).
``(B) In any case in which the Board finds that an employee has
committed a prohibited personnel practice under paragraph (8) or (9) of
section 2302(b), the Board shall impose disciplinary action if the
Board finds that the activity protected under such paragraph (8) or (9)
(as the case may be) was the primary motivating factor, unless that
employee demonstrates, by a preponderance of the evidence, that the
employee would have taken, failed to take, or threatened to take or
fail to take the same personnel action, in the absence of such
protected activity.''.
SEC. 8. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON REVOCATION OF
SECURITY CLEARANCES.
(a) Requirement.--The Comptroller General shall conduct a study of
security clearance revocations, taking effect after 1996, with respect
to personnel that filed claims under chapter 12 of title 5, United
States Code, in connection therewith. The study shall consist of an
examination of the number of such clearances revoked, the number
restored, and the relationship, if any, between the resolution of
claims filed under such chapter and the restoration of such clearances.
(b) Report.--Not later than June 30, 2006, the Comptroller General
shall submit to the Committee on Government Reform of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report on the results of the study required by
subsection (a).
SEC. 9. EFFECTIVE DATE.
This Act shall take effect 30 days after the date of enactment of
this Act. | Federal Employee Protection of Disclosures Act - Includes as a protected disclosure by a Federal employee any lawful disclosure an employee or applicant reasonably believes is credible evidence of waste, abuse, or gross mismanagement, without restriction as to time, place, form, motive, context, or prior disclosure. Requires a Government Accountability Office (GAO) study on security clearances revocations taking effect after 1996 with respect to personnel that filed claims in connection with such security clearance revocations. | To amend title 5, United States Code, to clarify which disclosures of information are protected from prohibited personnel practices; to require a statement in nondisclosure policies, forms, and agreements to the effect that such policies, forms, and agreements are consistent with certain disclosure protections; and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness and Accuracy in Employment
Background Checks Act of 2008''.
SEC. 2. SAFEGUARDS FOR BACKGROUND CHECKS.
(a) In General.--In any exchange of records and information for
employment purposes through the records system created under section
534 of title 28, United States Code, the Attorney General shall--
(1) before making the exchange, use reasonable procedures
to ensure maximum possible accuracy and completeness of the
records and information;
(2) at time of getting the consent of the individual
inquired about for the inquiry, accord that individual an
opportunity to receive a copy of the records and information
provided to the inquirer prior to release to the inquirer;
(3) provide an opportunity to the individual inquired about
to challenge the accuracy and completeness of the records and
information provided;
(4) investigate each such challenge by contacting the
relevant Federal, State, and local law enforcement officials
and provide the specific findings and results of that
investigation to the individual not later than 30 days after
the challenge is made;
(5) notify the inquirer of any challenge by the individual
to the accuracy or completeness of a record or information and
provide to the inquirer a copy of any corrected records or
information resulting from the investigation;
(6) upon finding that a record or information is
inaccurate, incomplete, or cannot be verified, promptly delete
that record or information, or correct that record or
information, as appropriate and notify each appropriate
Federal, State, or local criminal history record repository of
that finding;
(7) if the disposition of an arrest is not included in the
record or information relating to that arrest, obtain that
disposition or verify that the arrest has not occurred not
later than 5 days after the request for the exchange was made,
before reporting that record or information to the requesting
entity; and
(8) not include any record or information--
(A) about an arrest more than one year old that
does not also include a disposition of that arrest if
there has been such a disposition; or
(B) relating to an adult or juvenile nonserious
offense of the sort described in 28 CFR Section
2032(b).
(b) Fees.--The Director of the Federal Bureau of Investigation may
collect reasonable fees, other from the individual inquired about, to
defray the expenses associated with the investigation of missing,
inaccurate, or incomplete information.
(c) Report.--The Attorney General shall include in an annual report
to Congress--
(1) the number of exchanges of records and information for
employment purposes made with entities in each State through
the records system created under section 534 of title 28,
United States Code;
(2) the number of such exchanges that included records and
information about arrests that did not result in convictions;
(3) any failure of a State to comply with the requirement
that dispositions of arrests be reported to the Federal Bureau
of Investigation not later than 120 days after the failure
occurs;
(4) the percent of missing arrest dispositions located
within the time limit provided in subsection (a)(7); and
(5) the results of any challenges to the accuracy and
completeness of records and information, including the State
where the records and information originated.
(d) Regulations on Reasonable Procedures.--Not later than 120 days
after the date of the enactment of this Act, the Attorney General shall
issue regulations to carry out this Act.
(e) Definition.--As used in this section, the term ``for employment
purposes'' means for the purpose of screening an individual for
employment or occupational licensing , or for any other purpose
relating to employment.
SEC. 3. REPORT ON ALL THE EMPLOYMENT RESTRICTIONS AND DISQUALIFICATIONS
BASED ON CRIMINAL RECORDS REQUIRED BY FEDERAL LAW AND
POLICY.
(a) In General.--Not later than one year after the date of the
enactment of this Act and annually thereafter, the Attorney General
shall report to Congress on all the employment restrictions and
disqualifications based on criminal records required by Federal law and
policy.
(b) Identification of Information.--In the report, the Attorney
General shall identify--
(1) the job title, occupation, or positions subject to
criminal background checks authorized by Federal law;
(2) the cause of the disqualification based on a criminal
record (statutory, regulatory, policy, or practice) and the
substance and terms of the disqualification, including a
listing of the disqualifying offenses, the recency of the
disqualifying offenses, and the duration of the
disqualification;
(3) the year the disqualification was adopted and its
rationale;
(4) the procedures, if any, to appeal, waive or exempt the
disqualification based on a showing of rehabilitation or other
relevant evidence;
(5) the numbers of individuals disqualified pursuant to the
applicable law or policy as a result of a criminal record; and
(6) the Federal agency with jurisdiction to implement and
enforce the applicable employment restrictions or
disqualifications. | Fairness and Accuracy in Employment Background Checks Act of 2008 - Requires the Attorney General to: (1) adopt procedures to ensure the accuracy and completeness of federal criminal background records exchanged for employment purposes; and (2) report annually to Congress on all employment restrictions and disqualifications based on criminal records required by federal law and policy. | To provide safeguards with respect to the Federal Bureau of Investigation criminal background checks prepared for employment purposes, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hiring Incentives to Reinvest and
Incentivize New Growth Act of 2010'' or the ``HIRING Act of 2010''.
SEC. 2. REFUNDABLE CREDIT FOR INCREASING EMPLOYMENT.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by inserting after section 36A the following new section:
``SEC. 36B. CREDIT FOR INCREASING EMPLOYMENT.
``(a) In General.--There shall be allowed as a credit against the
tax imposed by this subtitle--
``(1) for any taxable year beginning in 2010, an amount
equal to 15 percent of the excess (if any) of--
``(A) the aggregate wages paid during 2010, over
``(B) the inflation-adjusted wages paid during
2009, and
``(2) for any taxable year beginning in 2011, an amount
equal to 10 percent of the excess (if any) of--
``(A) the aggregate wages paid during 2011, over
``(B) the inflation-adjusted wages paid during
2010.
``(b) Quarterly Advance Payments of Credit.--
``(1) In general.--The Secretary shall pay (without
interest) to each employer for each calendar quarter an amount
equal to the credit percentage of the excess (if any) of--
``(A) the aggregate wages paid by the employer
during such quarter, over
``(B) the inflation-adjusted wages paid by the
employer during the comparable quarter of the preceding
calendar year.
``(2) Credit percentage.--For purposes of paragraph (1),
the credit percentage is--
``(A) 15 percent in the case of the calendar
quarters of 2010, and
``(B) 10 percent in the case of the calendar
quarters of 2011.
``(3) Reconciliation.--
``(A) In general.--If there is a payment under
paragraph (1) for 1 or more calendar quarters ending
with or within a taxable year, then the tax imposed by
this chapter for such taxable year shall be increased
by the aggregate amount of such payments.
``(B) Reconciliation.--Any increase in tax under
subparagraph (A) shall not be treated as tax imposed by
this chapter for purposes of determining the amount of
any credit (other than the credit under subsection (a))
allowable under this part.
``(4) Time for filing claim.--No claim shall be allowed
under this subsection with respect to any calendar quarter
unless filed on or before the earlier of--
``(A) the last day of the succeeding quarter, or
``(B) the time prescribed by law for filing the
return of tax imposed by this chapter for the taxable
year in which or with which such quarter ends.
``(5) Interest.--Notwithstanding paragraph (1), if the
Secretary has not paid pursuant to a claim filed under this
subsection within 45 days of the date of the filing of such
claim (20 days in the case of an electronic claim), the claim
shall be paid with interest from such date determined by using
the overpayment rate and method under section 6621.
``(c) Total Wages Must Increase.--The amount of credit allowed
under this section for any taxable year shall not exceed the amount
which would be so allowed for such year if--
``(1) the aggregate amounts taken into account as wages
were determined without any dollar limitation, and
``(2) 103 percent of the amount of wages otherwise required
to be taken into account under subsection (a)(1)(B) or
subsection (a)(2)(B), as the case may be, were taken into
account.
``(d) Inflation-Adjusted Wages; Wages.--For purposes of this
section--
``(1) Inflation-adjusted wages.--
``(A) In general.--The term `inflation-adjusted
wages' means, for any period--
``(i) the aggregate wages paid by the
employer during such period, increased by
``(ii) an amount equal to the inflation
percentage of such wages.
``(B) Inflation percentage.--The inflation
percentage is--
``(i) 3 percent for purposes of determining
inflation-adjusted wages for periods during
2009, and
``(ii) 5 percent for purposes of
determining inflation-adjusted wages for
periods during 2010.
``(2) Wages.--
``(A) In general.--Except as provided in
subparagraph (B), the term `wages' means, with respect
to any calendar year, so much of wages (as defined in
section 3121(a)) as does not exceed the median
household income in the United States for the preceding
calendar year.
``(B) Railway labor.--In the case of remuneration
subject to the tax imposed by 3201(a), the term `wages'
means, with respect to any calendar year, so much of
compensation (as defined in section 3231(e)) as does
not exceed the median household income in the United
States for the preceding calendar year.
``(e) Special Rules.--
``(1) Adjustments for certain acquisitions, etc.--
``(A) Acquisitions.--If, after December 31, 2008,
an employer acquires the major portion of a trade or
business of another person (hereinafter in this
subparagraph referred to as the `predecessor') or the
major portion of a separate unit of a trade or business
of a predecessor, then, for purposes of applying this
section for any calendar year ending after such
acquisition, the amount of wages deemed paid by the
employer during periods before such acquisition shall
be increased by so much of such wages paid by the
predecessor with respect to the acquired trade or
business as is attributable to the portion of such
trade or business acquired by the employer.
``(B) Dispositions.--If, after December 31, 2008--
``(i) an employer disposes of the major
portion of any trade or business of the
employer or the major portion of a separate
unit of a trade or business of the employer in
a transaction to which subparagraph (A)
applies, and
``(ii) the employer furnishes the acquiring
person such information as is necessary for the
application of subparagraph (A),
then, for purposes of applying this section for any
calendar year ending after such disposition, the amount
of wages deemed paid by the employer during periods
before such disposition shall be decreased by so much
of such wages as is attributable to such trade or
business or separate unit.
``(2) Change in status from self-employed to employee.--
If--
``(A) during 2009 or 2010 an individual has net
earnings from self-employment (as defined in section
1402(a)) which are attributable a trade or business,
and
``(B) for any portion of the succeeding calendar
year such individual is an employee of such trade or
business,
then, for purposes of determining the credit allowable for a
taxable year beginning in such succeeding calendar year, the
employer's aggregate wages for 2009 or 2010, as the case may
be, shall be increased by an amount equal to so much of the net
earnings referred to in subparagraph (A) as does not exceed the
median household income in the United States for 2009 or 2010,
as the case may be.
``(3) Certain other rules to apply.--Rules similar to the
following rules shall apply for purposes of this section:
``(A) Section 51(f) (relating to remuneration must
be for trade or business employment).
``(B) Section 51(k) (relating to treatment of
successor employers; treatment of employees performing
services for other persons).
``(C) Section 52 (relating to special rules).
``(4) Short taxable years.--If the employer has more than 1
taxable year beginning in 2010 or 2011, the credit under this
section shall be determined for the employer's last taxable
year beginning in 2010 or 2011, as the case may be.
``(f) Tax-Exempt Employers Treated as Taxpayers.--Solely for
purposes of this section and section 6402, employers exempt from tax
under section 501(a) shall be treated as taxpayers.''.
(b) Denial of Double Benefit.--Subsection (a) of section 280C of
such Code is amended by inserting ``36B(a),'' before ``45A(a)''.
(c) Conforming Amendments.--
(1) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting ``36B,'' after ``36A,''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 36A the following new item:
``Sec. 36B. Credit for increasing employment.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009.
(e) Notice of Availability of Credit.--The Secretary of the
Treasury shall work with the State Employment Security Agencies to
inform businesses of the availability of section 36B of the Internal
Revenue Code of 1986 (as added by this Act). | Hiring Incentives to Reinvest and Incentivize New Growth Act of 2010 or the HIRING Act of 2010 - Amends the Internal Revenue Code to allow employers, including tax-exempt employers, a refundable tax credit for increases in wages paid during 2010 and 2011.
Directs the Secretary of the Treasury to work with state employment agencies to inform businesses of the availability of the tax credit allowed by this Act. | To amend the Internal Revenue Code of 1986 to allow employers a refundable credit for increasing employment. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``First Flight Commemorative Coin Act
of 1997''.
SEC. 2. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $10 gold coins.--Not more than 100,000 $10 coins, each
of which shall--
(A) weigh 16.718 grams;
(B) have a diameter of 1.06 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 500,000 $1 coins, each
of 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.--Not more than 750,000 half
dollar coins each of which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain gold and silver for minting coins under
this Act pursuant to the authority of the Secretary under other
provisions of law, including authority relating to the use of silver
stockpiles established under the Strategic and Critical Materials
Stockpiling Act, as applicable.
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 first flight of Orville and
Wilbur Wright in Kitty Hawk, North Carolina, on December 17,
1903.
(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 ``2003''; 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
Board of Directors of the First Flight Foundation and the
Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. PERIOD FOR ISSUANCE OF COINS.
(a) In General.--Except as provided in subsection (b), the
Secretary may issue coins minted under this Act only during the period
beginning on August 1, 2003, and ending on July 31, 2004.
(b) Exception.--If the Secretary determines that there is
sufficient public demand for the coins minted under section 2(a)(3),
the Secretary may extend the period of issuance under subsection (a)
for a period of 5 years with respect to those coins.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Surcharges.--All sales shall include a surcharge of--
(1) $35 per coin for the $10 coin;
(2) $10 per coin for the $1 coin; and
(3) $1 per coin for the half dollar coin.
(e) Marketing Expenses.--The Secretary shall ensure that--
(1) a plan is established for marketing the coins minted
under this Act; and
(2) adequate funds are made available to cover the costs of
carrying out that marketing plan.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
(a) In General.--All surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary to the First Flight Foundation for the purposes of--
(1) repairing, refurbishing, and maintaining the Wright
Brothers Monument on the Outer Banks of North Carolina; and
(2) expanding (or, if necessary, replacing) and maintaining
the visitor center and other facilities at the Wright Brothers
National Memorial Park on the Outer Banks of North Carolina,
including providing educational programs and exhibits for
visitors.
(b) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the First Flight Foundation as may be related to the
expenditures of amounts paid under subsection (a).
SEC. 9. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that minting and issuing coins under this Act will not result in any
net cost to the United States Government.
SEC. 10. WAIVER OF COIN PROGRAM RESTRICTIONS.
The provisions of subparagraph (F) of section 5134 of title 31,
United States Code, do not apply to the coins minted and issued under
this Act, since the surcharge proceeds of this Act will be used for
building, repairing, and other endeavors in a United States National
Park. | First Flight Commemorative Coin Act of 1997 - Directs the Secretary of the Treasury to mint and issue for a limited period ten-dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the first flight of Orville and Wilbur Wright in Kitty Hawk, North Carolina, on December 17, 1903.
Instructs the Secretary to ensure: (1) establishment of a coin marketing plan; and (2) availability of adequate funds to cover the costs of implementing such plan.
Mandates prompt payment of all surcharges received from coin sales to the First Flight Foundation to: (1) maintain the Wright Brothers Monument on the Outer Banks of North Carolina; and (2) expand and maintain the visitor center and other facilities at the Wright Brothers National Memorial Park.
Waives certain coin program restrictions. | First Flight Commemorative Coin Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Efficient Government
Technology Act''.
SEC. 2. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION TECHNOLOGIES.
Subtitle C of title V of the Energy Independence and Security Act
of 2007 (Public Law 110-140; 121 Stat. 1661) is amended by adding at
the end the following:
``SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION
TECHNOLOGIES.
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(2) Information technology.--The term `information
technology' has the meaning given that term in section 11101 of
title 40, United States Code.
``(b) Development of Implementation Strategy.--Not later than 1
year after the date of enactment of this section, each Federal agency
shall coordinate with the Director, the Secretary, and the
Administrator of the Environmental Protection Agency to develop an
implementation strategy (that includes best practices and measurement
and verification techniques) for the maintenance, purchase, and use by
the Federal agency of energy-efficient and energy-saving information
technologies, taking into consideration the performance goals
established under subsection (d).
``(c) Administration.--In developing an implementation strategy
under subsection (b), each Federal agency shall consider--
``(1) advanced metering infrastructure;
``(2) energy-efficient data center strategies and methods
of increasing asset and infrastructure utilization;
``(3) advanced power management tools;
``(4) building information modeling, including building
energy management;
``(5) secure telework and travel substitution tools; and
``(6) mechanisms to ensure that the agency realizes the
energy cost savings brought about through increased efficiency
and utilization.
``(d) Performance Goals.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Director, in consultation
with the Secretary, shall establish performance goals for
evaluating the efforts of Federal agencies in improving the
maintenance, purchase, and use of energy-efficient and energy-
saving information technology.
``(2) Best practices.--The Chief Information Officers
Council established under section 3603 of title 44, United
States Code, shall recommend best practices for the attainment
of the performance goals, which shall include Federal agency
consideration of the use of--
``(A) energy savings performance contracting; and
``(B) utility energy services contracting.
``(e) Reports.--
``(1) Agency reports.--Each Federal agency shall include in
the report of the agency under section 527 a description of the
efforts and results of the agency under this section.
``(2) OMB government efficiency reports and scorecards.--
Effective beginning not later than October 1, 2016, the
Director shall include in the annual report and scorecard of
the Director required under section 528 a description of the
efforts and results of Federal agencies under this section.''.
SEC. 3. ENERGY EFFICIENT DATA CENTERS.
Section 453 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17112) is amended--
(1) in subsection (b), by striking paragraph (3); and
(2) by striking subsections (c) through (g) and inserting
the following:
``(c) Stakeholder Involvement.--
``(1) In general.--The Secretary and the Administrator
shall carry out subsection (b) in collaboration with
information technology industry and other key stakeholders,
with the goal of producing results that accurately reflect the
best knowledge in the most pertinent domains.
``(2) Organizations.--In collaborating under paragraph (1),
the Secretary and the Administrator shall pay particular
attention to organizations that--
``(A) have members with expertise in energy
efficiency and in the development, operation, and
functionality of data centers, information technology
equipment, and software, such as representatives of
hardware manufacturers, data center operators, and
facility managers;
``(B) obtain and address input from Department of
Energy National Laboratories or any college,
university, research institution, industry association,
company, or public interest group with applicable
expertise;
``(C) follow--
``(i) commonly accepted procedures for the
development of specifications; and
``(ii) accredited standards development
processes; and
``(D) have a mission to promote energy efficiency
for data centers and information technology.
``(d) Measurements and Specifications.--The Secretary and the
Administrator shall consider and assess the adequacy of the
specifications, measurements, and benchmarks described in subsection
(b) for use by--
``(1) the Federal Energy Management Program;
``(2) the Energy Star program established by section 324A
of the Energy Policy and Conservation Act (42 U.S.C. 6294a);
and
``(3) other efficiency programs of the Department of Energy
or the Environmental Protection Agency.
``(e) Study.--Not later than 1 year after the date of enactment of
this Act, the Secretary, in collaboration with the Administrator, shall
make available to the public an update to the Report to Congress on
Server and Data Center Energy Efficiency published on August 2, 2007,
under section 1 of Public Law 109-431 (120 Stat. 2920), that provides--
``(1) a comparison and gap analysis of the estimates and
projections contained in the original report with new data
regarding the period from 2007 through 2014;
``(2) an analysis considering the impact of information
technologies (including virtualization and cloud computing) in
the public and private sectors;
``(3) an evaluation of the impact of the combination of
cloud platforms, mobile devices, social media, and big data on
data center energy usage; and
``(4) updated projections and recommendations for best
practices through fiscal year 2020.
``(f) Data Center Energy Practitioner Program.--
``(1) In general.--The Secretary, in collaboration with key
stakeholders and the Director of the Office of Management and
Budget, shall carry out a data center energy practitioner
program that leads to the certification of energy practitioners
qualified to evaluate the energy usage and efficiency
opportunities in Federal data centers.
``(2) Periodic evaluations.--Each Federal agency shall
consider having the data centers of the agency evaluated every
4 years by energy practitioners certified pursuant to the
program, whenever practicable, using certified practitioners
employed by the agency.
``(g) Open Data Initiative.--
``(1) In general.--The Secretary, in collaboration with key
stakeholders and the Office of Management and Budget, shall
carry out an open data initiative for Federal data center
energy usage data to make such data available and accessible in
a manner that encourages further data center innovation,
optimization, and consolidation.
``(2) Model.--In carrying out the initiative, the Secretary
shall consider the use of the online Data Center Maturity
Model.
``(h) International Specifications and Metrics.--The Secretary, in
collaboration with key stakeholders, shall actively participate in
efforts to harmonize global specifications and metrics for data center
energy efficiency.
``(i) Data Center Utilization Metric.--The Secretary, in
collaboration with key stakeholders, shall facilitate the development
of an efficiency metric that measures the energy efficiency of a data
center (including equipment and facilities).
``(j) Protection of Proprietary Information.--The Secretary and the
Administrator shall not disclose any proprietary information or trade
secrets provided by any individual or company for the purposes of
carrying out this section or the programs and initiatives carried out
under this section.''. | Energy Efficient Government Technology Act This bill amends the Energy Independence and Security Act of 2007 to require each federal agency to coordinate with the Office of Management and Budget (OMB), the Department of Energy (DOE), and the Environmental Protection Agency to develop an implementation strategy for the maintenance, purchase, and use of energy-efficient and energy-saving information technologies. The OMB must establish performance goals for evaluating the efforts of federal agencies in improving the maintenance, purchase, and use of the technology. The Chief Information Officers Council must recommend best practices for attaining the performance goals. DOE must: make available to the public an update to the Report to Congress on Server and Data Center Energy Efficiency published on August 2, 2007; carry out a data center energy practitioner program that leads to the certification of energy practitioners qualified to evaluate the energy usage and efficiency opportunities in federal data centers; carry out an open data initiative to make information about federal data center energy usage available and accessible in a manner that encourages data center innovation, optimization, and consolidation; participate in efforts to harmonize global specifications and metrics for data center energy efficiency; and facilitate in the development of an efficiency metric that measures the energy efficiency of a data center. | Energy Efficient Government Technology Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Everyone Deserves Unconditional
Access to Education (EDUCATE) Act''.
SEC. 2. AMENDMENT TO IDEA.
Section 611(i) of the Individuals with Disabilities Education Act
(20 U.S.C. 1411(i)) is amended to read as follows:
``(i) Funding.--
``(1) In general.--For the purpose of carrying out this
part, other than section 619, there are authorized to be
appropriated--
``(A) $14,434,200,000 or 20.8 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2010, and there are hereby appropriated
$2,928,989,000 or 3.3 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2010, which shall become available for obligation
on July 1, 2010, and shall remain available through
September 30, 2011;
``(B) $17,596,785,000 or 25 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2011, and there are hereby appropriated
$6,091,574,000 or 7.5 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2011, which shall become available for obligation
on July 1, 2011, and shall remain available through
September 30, 2012;
``(C) $20,759,369,000 or 29 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2012, and there are hereby appropriated
$9,254,158,000 or 11.5 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2012, which shall become available for obligation
on July 1, 2012, and shall remain available through
September 30, 2013;
``(D) $23,921,954,000 or 32.9 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2013, and there are hereby appropriated
$12,416,743,000 or 15.4 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2013, which shall become available for
obligation on July 1, 2013, and shall remain available
through September 30, 2014;
``(E) $27,084,538,000 or 36.5 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2014, and there are hereby appropriated
$15,579,327,000 or 19 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2014, which shall become available for obligation
on July 1, 2014, and shall remain available through
September 30, 2015;
``(F) $30,247,123,000 or 40 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2015, and there are hereby appropriated
$18,741,912,000 or 22.5 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2015, which shall become available for
obligation on July 1, 2015, and shall remain available
through September 30, 2016; and
``(G) 40 percent of the amount determined under
paragraph (2) for fiscal year 2016 and each subsequent
fiscal year, and there are hereby appropriated 40
percent of the amount determined under paragraph (2)
minus $11,505,211,000 for fiscal year 2016 and each
subsequent fiscal year, which shall become available
for obligation with respect to fiscal year 2016 on July
1, 2016, and shall remain available through September
30, 2017, and with respect to each subsequent fiscal
year on July 1 of that fiscal year and shall remain
available through September 30 of the succeeding fiscal
year.
``(2) Amount.--The amount determined under this paragraph
is--
``(A) the number of children with disabilities in
the school year preceding the fiscal year referred to
in subparagraph (A), (B), (C), (D), (E), (F), or (G) of
paragraph (1) (as the case may be) in all States who
receive special education and related services--
``(i) aged 3 through 5 if the States are
eligible for grants under section 619, and
``(ii) aged 6 through 21, multiplied by
``(B) the average per-pupil expenditure in public
elementary schools and secondary schools in the United
States.''.
SEC. 3. OFFSETS.
The amounts appropriated in 611(i) of the Individuals with
Disabilities Education Act (20 U.S.C. 1411(i)), as amended by section 2
of this Act, shall be expended consistent with pay-as-you-go
requirements | Everyone Deserves Unconditional Access to Education (EDUCATE) Act - Amends the Individuals with Disabilities Education Act (IDEA) to reauthorize and make appropriations for the grant program to assist states and outlying areas in providing special education and related services to children with disabilities.
Sets the amount to be authorized and the amount to be appropriated for each fiscal year from FY2010-FY2015 as the greater of: (1) a specified amount; or (2) a specified percentage of an amount determined pursuant to a formula that multiplies the number of children receiving special education services by the average per-pupil expenditure in public elementary and secondary schools.
Authorizes appropriations for FY2016 and thereafter that equal 40% of the amount determined using such formula. Makes appropriations for FY2016 and thereafter that are determined by subtracting a specified amount from the amount authorized.
Requires amounts appropriated to be expended consistent with pay-as-you-go requirements. | To amend part B of the Individuals with Disabilities Education Act to provide full Federal funding of such part. |
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) 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
thatfollowsthrough``(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. 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 and other specified Federal law 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.Prohibits U.S. assistance to Cuba, including assistance by the Export-Import Bank, the Overseas Private Investment Corporation, and the Commodity Credit Corporation, and any exchange, reduction, or forgiveness of Cuban debt. | To lift the trade embargo on Cuba, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``East Timor Transition to
Independence Act of 2000''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) On August 30, 1999, the East Timorese people voted
overwhelmingly in favor of independence from Indonesia in
elections organized by the United Nations Assistance Mission in
East Timor (UNAMET). Pro-integration militias, with the support
of the Indonesian military, attempted to prevent then
retaliated against this vote by launching a campaign of terror
and violence. As a result, over 500,000 people, or
approximately \2/3\ of the population, were displaced. Hundreds
were murdered, and many were raped.
(2) The violent campaign devastated East Timor's
infrastructure, including its schools, water and power
supplies, and transportation and communications systems. The
militias destroyed or severely damaged 60 to 80 percent of
public and private property across East Timor. Virtually all
vestiges of government, public services (including sanitation),
and public security in East Timor also collapsed.
(3) The International Force for East Timor (INTERFET)
entered East Timor in September 1999 and successfully restored
order. INTERFET was organized and led by Australia, with the
active participation of the Philippines, South Korea, New
Zealand, and Thailand.
(4) On October 25, 1999, the United Nations Security
Council established a new mandate for its operations in East
Timor. The United Nations Transitional Administration for East
Timor (UNTAET), which replaced UNAMET, was directed to provide
overall administration of East Timor, guide the people of East
Timor in the establishment of a new democratic government, and
maintain security and order.
(5) The leadership of UNTAET and the East Timorese
leadership currently anticipate that East Timor will become an
independent nation in mid- to late-2001.
(6) East Timor is one of the poorest places in Asia. A
large percentage of the population live below the poverty line,
only 20 percent of East Timor's population is literate, most of
East Timor's people remain unemployed, the annual per capita
Gross National Product is $340, and life expectancy is only 56
years.
(7) The World Bank and the United Nations have estimated
that it will require $300,000,000 in development assistance
over the next three years in order to meet East Timor's basic
development needs. Donor countries, including the United
States, have pledged a total of $173,000,000 to the Trust Fund
established by the World Bank to manage the distribution of
donor funds in East Timor, and $37,000,000 to the Trust Fund of
UNTAET.
(8) The United States has been a leading contributor to the
development of East Timor since 1994. As a result of the United
States Agency for International Development's funding a
successful coffee cooperative project, small farmers have been
able to enter the cash economy and to increase the amount of
money earned from the coffee they grow.
(9) The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2000, provided $25,000,000 for
East Timor. Utilizing these funds, the United States Agency for
International Development has helped to restart the coffee
cooperative project after it ceased to operate during the
militia rampage, funded job creation programs for East
Timorese, contributed to UNTAET and to the World Bank Trust
Fund for East Timor, supported community organizations, and
funded forensics, human rights, independent media, and judicial
development projects.
SEC. 3. SENSE OF CONGRESS RELATING TO SUPPORT FOR EAST TIMOR.
It is the sense of Congress that the United States--
(1) should support formation of broad-based democracy in
East Timor, and help lay the groundwork for East Timor's
economic recovery, the strengthening of East Timor's security,
and the promotion of East Timor's ability to play a positive
role in the Asia-Pacific region and in international
organizations.
(2) should continue to support the provision of bilateral
and multilateral assistance to East Timor, with such assistance
targeted to creation of jobs, promotion of civil society,
preparation for East Timor's first elections, development of
East Timor's educational and health care systems, and support
for East Timor's judicial system and the truth and
reconciliation process;
(3) should begin to lay the groundwork, prior to East
Timor's independence, for an equitable future trade and
investment relationship with East Timor, including trade and
investment promotion activities to be carried out by the
Overseas Private Investment Corporation, the Trade and
Development Agency, and the Export-Import Bank of the United
States;
(4) should officially open a diplomatic mission in East
Timor as soon as possible to ensure that the United States can
continue to play a leadership role in building East Timor's
political and economic future; and
(5) should support the efforts by the United Nations to
ensure justice and accountability related to past atrocities in
East Timor through United Nations investigations, United
Nations support for the development of East Timor's judicial
system, and the possible establishment of an international
tribunal for East Timor.
SEC. 4. BILATERAL ASSISTANCE.
(a) Authorization.--The President, acting through the Administrator
of the United States Agency for International Development, is
authorized and encouraged to provide assistance under the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and other applicable
laws to support the transition to democracy and self-government in East
Timor.
(b) Additional Requirements.--Assistance provided pursuant to
subsection (a)--
(1) shall support the development of civil society,
including nongovernmental organizations in East Timor;
(2) shall promote the development of an independent news
media;
(3) shall support job creation and economic development in
East Timor, including support for microenterprise programs and
technical education, as well as environmental protection and
education programs;
(4) shall fund efforts to promote reconciliation, conflict
resolution, and prevention of further conflict with respect to
East Timor, including establishing accountability for past
gross human rights violations;
(5) shall support the repatriation and reintegration of
refugees into East Timor; and
(6) shall support political party development, voter
education, voter registration and other activities in support
of free and fair elections in East Timor.
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $25,000,000 for each of the fiscal years
2001, 2002, and 2003.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are
authorized to remain available until expended.
SEC. 5. MULTILATERAL ASSISTANCE.
The President shall instruct the United States executive director
at each international financial institution to which the United States
is a member, in particular the International Bank for Reconstruction
and Development and the Asian Development Bank, to use the voice, vote,
and influence of the United States to ensure that the institution
provides timely and appropriate resources to help East Timor to
continue to develop its economy, meet basic human needs, and evolve
toward economic self-sufficiency, pluralism, and democracy.
SEC. 6. PEACE CORPS ASSISTANCE.
(a) Authorization.--The President, acting through the Director of
the Peace Corps, is authorized to carry out a program in East Timor
under the Peace Corps Act (22 U.S.C. 2501 et seq.) which shall include
the use of Peace Corps volunteers--
(1) to provide English language and other technical
training for individuals in East Timor as well as other
activities which promote education, economic development, and
economic self-sufficiency; and
(2) to quickly address immediate assistance needs in East
Timor using the Peace Corps Crisis Corps, to the extent
practicable.
(b) Authorization of Appropriations.--
(1) In general.--In addition to amounts otherwise available
to carry out subsection (a), there are authorized to be
appropriated $2,000,000 for each of the fiscal years 2001,
2002, and 2003 to carry out such subsection.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are
authorized to remain available until expended.
SEC. 7. TRADE AND INVESTMENT ASSISTANCE.
(a) OPIC.--Beginning on the date of the enactment of this Act, the
President shall initiate negotiations with the United Nations
Transitional Administration for East Timor (UNTAET), the National
Council of East Timor, and the government of East Timor (after
independence for East Timor)--
(1) to apply to East Timor the existing agreement between
the Overseas Private Investment Corporation and Indonesia, or
(2) to enter into a new agreement authorizing the Overseas
Private Investment Corporation to carry out programs with
respect to East Timor,
in order to expand United States investment in East Timor.
(b) Trade and Development Agency.--
(1) In general.--The Director of the Trade and Development
Agency is authorized to carry out projects in East Timor under
section 661 of the Foreign Assistance Act of 1961 (22 U.S.C.
2421).
(2) Authorization of appropriations.--
(A) In general.--There are authorized to be
appropriated to carry out this subsection $1,000,000
for each of the fiscal years 2001, 2002, and 2003.
(B) Availability.--Amounts appropriated pursuant to
the authorization of appropriations under subparagraph
(A) are authorized to remain available until expended.
(c) Export-Import Bank.--The Export-Import Bank of the United
States shall expand its activities in connection with exports to East
Timor.
SEC. 8. GENERALIZED SYSTEM OF PREFERENCES.
(a) Sense of Congress.--It is the sense of Congress that the
President should encourage the United Nations Transitional
Administration for East Timor (UNTAET), in close consultation with the
National Council of East Timor, to seek to become eligible for duty-
free treatment under title V of the Trade Act of 1974 (19 U.S.C. 2461
et seq.; relating to generalized system of preferences).
(b) Technical Assistance.--The United States Trade Representative
and the Commissioner of the United States Customs Service are
authorized to provide technical assistance to UNTAET, the National
Council of East Timor, and the government of East Timor (after
independence for East Timor) in order to assist East Timor to become
eligible for duty-free treatment under title V of the Trade Act of
1974.
SEC. 9. BILATERAL INVESTMENT TREATY.
It is the sense of the Congress that the President should seek to
enter into a bilateral investment treaty with the United Nations
Transitional Administration for East Timor (UNTAET), in close
consultation with the National Council of East Timor, in order to
establish a more stable legal framework for United States investment in
East Timor.
SEC. 10. SCHOLARSHIPS FOR EAST TIMORESE STUDENTS.
There are authorized to be appropriated to the Department of State,
$1,000,000 for the fiscal year 2002 and $1,000,000 for the fiscal year
2003 to carry out an East Timorese scholarship program under the
authorities of the United States Information and Educational Exchange
Act of 1948, the Mutual Educational and Cultural Exchange Act of 1961,
Reorganization Plan Number 2 of 1977, and the National Endowment for
Democracy Act. The Department of State shall make every effort to
identify and provide scholarships and other support to East Timorese
students interested in pursuing undergraduate and graduate studies at
institutions of higher education in the United States.
SEC. 11. PLAN FOR ESTABLISHMENT OF DIPLOMATIC FACILITIES IN EAST TIMOR.
The Secretary of State shall develop a detailed plan for the
official establishment of a diplomatic mission in Dili, East Timor.
SEC. 12. SECURITY ASSISTANCE FOR EAST TIMOR.
(a) Authorization.--Beginning on and after the date on which the
President transmits to the Congress a certification described in
subsection (b), the President is authorized--
(1) to transfer excess defense articles under section 516
of such Act (22 U.S.C. 2321j) to East Timor in accordance with
such section; and
(2) to provide military education and training under
chapter 5 of part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2347 et seq.) for the armed forces of East Timor in
accordance with such chapter.
(b) Certification.--A certification described in this subsection is
a certification that--
(1) East Timor has established an independent armed forces;
and
(2) the assistance proposed to be provided pursuant to
subsection (a)--
(A) is in the national security interests of the
United States; and
(B) will promote both human rights in East Timor
and the professionalization of the armed forces of East
Timor.
SEC. 13. REPORTING REQUIREMENT.
(a) In General.--Not later than three months after the date of the
enactment of this Act, and every six months thereafter until January 1,
2004, the Secretary of State, in coordination with the Administrator of
the United States Agency for International Development, the Secretary
of the Treasury, the United States Trade Representative, the Secretary
of Commerce, the Overseas Private Investment Corporation, the Director
of the Trade and Development Agency, the President of the Export-Import
Bank of the United States, and the Director of the Peace Corps, shall
prepare and transmit to the Committee on International Relations of the
House of Representatives and the Committee on Foreign Relations of the
Senate a report that contains the information described in subsection
(b).
(b) Information.--The report shall include--
(1) significant developments in United States relations
with East Timor;
(2) developments in East Timor's political and economic
situation in the period covered by the report, including an
evaluation of any elections occurring in East Timor during this
period and the refugee reintegration process in East Timor;
(3) activities undertaken in East Timor by the
International Bank for Reconstruction and Development and the
Asian Development Bank, and an evaluation of the effectiveness
of these activities;
(4) the status of United States trade and investment
relations with East Timor, including a detailed analysis of any
trade and investment-related activity supported by the Overseas
Private Investment Corporation, the Export-Import Bank of the
United States, and the Trade and Development Agency during the
period of time since the previous report and the status of any
negotiations with the United Nations Transitional
Administration for East Timor (UNTAET) or East Timor to
facilitate the operation of the United States trade agencies in
East Timor;
(5) the nature and extent of United States-East Timor
cultural, education, scientific, and academic exchanges, both
official and unofficial, and any Peace Corps activities;
(6) with respect to the first report, a detailed plan for
the establishment of diplomatic facilities in East Timor in
accordance with section 11, which may be submitted in
classified or unclassified form, and including a timetable for
the official opening of a facility in Dili, the personnel
requirements for the mission, the estimated costs for
establishing the facility, and its security requirements; and
(7) with respect to the first report, a 3-year plan for
United States foreign assistance to East Timor in accordance
with section 4, prepared by the Administrator of the United
States Agency for International Development, which outlines the
goals for United States foreign assistance to East Timor during
this 3-year period, and in subsequent reports, describes in
detail the expenditure of United States bilateral foreign
assistance during the period covered by the report. | Sets forth requirements with respect to the provision to East Timor of bilateral assistance, multilateral assistance, Peace Corps assistance, certain trade and investment assistance, scholarships for East Timorese students, and security assistance. | East Timor Transition to Independence Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom and Self-Determination for
the Former Soviet Union Act''.
SEC. 2. PROHIBITION ON FOREIGN ASSISTANCE TO RUSSIA.
(a) In General.--Foreign assistance may not be obligated or
expended for Russia for any fiscal year unless the President certifies
to the Congress for such fiscal year the following:
(1) The President has received satisfactory assurances from
the Government of Russia, which have been confirmed by the
Director of the Federal Bureau of Investigation, that the
intelligence activities of Russia in the United States are
confined to what is considered routine, non-adversarial
information gathering activities.
(2) Russia is making continual progress toward the
unconditional implementation of the Russian-Moldovan troop
withdrawal agreement, signed by the prime ministers of Russia
and Moldova on October 21, 1994.
(3) Russia is not providing military assistance to any
military forces in the Transdniestra region of Moldova.
(4) Russian military forces in the Kaliningrad region of
Russia are respecting the sovereign territory of Lithuania and
other neighboring countries and such forces are not offensively
postured against any other country.
(5) The activities of Russia in the other independent
states of the former Soviet Union do not represent an attempt
by Russia to violate or otherwise diminish the sovereignty and
independence of such states.
(6) Russia is not providing military assistance to any
Bosnian Serb military units or combatants or to the Government
of the Federal Republic of Yugoslavia.
(7) Russia is not providing any intelligence information to
Cuba and is not providing any assistance to Cuba with respect
to the signal intelligence facility at Lourdes or the nuclear
facility at Cienfuegos.
(8)(A) Russia is not providing to the countries described
in subparagraph (B) goods or technology, including conventional
weapons, which could materially contribute to the acquisition
by these countries of chemical, biological, nuclear, or
advanced conventional weapons.
(B) The countries described in this subparagraph are Iran,
Iraq, Syria, the People's Republic of China, or any country,
the government of which the Secretary of State has determined,
for purposes of section 6(j)(1) of the Export Administration
Act of 1979 (50 U.S.C. app. 2405(6)(j)(1)), has repeatedly
provided support for acts of international terrorism.
(9) Russia is in strict compliance with all arms control
agreements to which Russia and the United States are a party.
(10) Russia has ceased all strategic nuclear weapons
modernization.
(11) Russia is in strict compliance with all trade and
financial agreements between Russia and any United States
business.
(b) Report.--The President shall submit to the Congress for each
fiscal year a report containing the certifications required by
subsection (a). Such report shall be submitted in unclassified and
classified versions.
SEC. 3. ANNUAL REPORTS.
At the beginning of each fiscal year, the President and the
Comptroller General of the United States shall each submit to the
Congress a report containing the following:
(1) The amount of foreign assistance provided to Russia for
the preceding fiscal year, including--
(A) the name of each organization or entity to
which such assistance was provided;
(B) the purpose of such assistance; and
(C) an assessment of the effectiveness of such
assistance.
(2) A detailed accounting of the amount of foreign
assistance appropriated for Russia which has not been expended
and the status of such assistance.
(3) An estimate of the total amount of capital exported
from Russia during the previous fiscal year and an analysis of
the reasons for the export of such capital.
SEC. 4. REQUIREMENT TO OPPOSE ASSISTANCE TO RUSSIA FROM INTERNATIONAL
FINANCIAL INSTITUTIONS.
The President should instruct the United States executive director
of each international financial institution to use the voice and vote
of the United States to oppose any assistance from that financial
institution to Russia unless Russia is in compliance with the
requirements contained in section 2.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) Foreign assistance.--The term ``foreign assistance''
means assistance under the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.), the Freedom for Russia and Emerging
Eurasian Democracies and Open Markets Support Act of 1992 (22
U.S.C. 5801 et seq.), or the Cooperative Threat Reduction Act
of 1993 (22 U.S.C 5951 et seq.), except that such term does not
include--
(A) humanitarian assistance;
(B) educational and cultural exchanges between the
United States and Russia;
(C) assistance provided for the promotion of
democratic political reform and the rule of law; and
(D) assistance for safety upgrades of civilian
nuclear power plants.
(2) Goods or technology.--The term ``goods or technology''
has the meaning given such term in section 1608(3) of the Iran-
Iraq Arms Non-Proliferation Act of 1992 (50 U.S.C. 1701 note).
(3) International financial institution.--The term
``international financial institution'' means the European Bank
for Reconstruction and Development, the International Bank for
Reconstruction and Development, the International Development
Association, the International Financial Corporation, the
Global Environmental Facility, the Multilateral Investment
Guaranty Agency, or the International Monetary Fund.
(4) Other independent states of the former soviet union.--
The term ``other independent states of the former Soviet
Union'' means the following: Armenia, Azerbaijan, Belarus,
Estonia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania,
Moldova, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.
SEC. 6. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act
shall apply only with respect to fiscal years beginning on or after the
date of the enactment of this Act.
(b) Exceptions.--In the case of the fiscal year in which this Act
is enacted--
(1) the prohibition contained in section 2 shall apply with
respect to the obligation or expenditure of foreign assistance
on or after the date of the enactment of this Act (including
foreign assistance which has been obligated but not expended
before the date of the enactment of this Act); and
(2) the requirement contained in section 4 shall apply with
respect to the provision of assistance by an international
financial institution on or after the date of the enactment of
this Act. | Freedom and Self-Determination for the Former Soviet Union Act - Prohibits the obligation or expenditure of foreign assistance for Russia for any fiscal year unless the President certifies to the Congress for such fiscal year that: (1) the President has received satisfactory assurances from the Government of Russia, confirmed by the Federal Bureau of Investigation, that Russia's intelligence activities in the United States are confined to routine, non-adversarial information gathering; (2) Russia is making progress toward the unconditional implementation of the Russian-Moldovan troop withdrawal agreement and that the Russian Government is not providing military assistance to any military forces in the Transdniestra region of Moldova; (3) Russian forces in the Kaliningrad region of Russia are respecting the sovereign territory of Lithuania and neighboring countries and are not offensively postured against any other countries; (4) the activities of Russia in the independent states of the former Soviet Union do not represent an attempt by Russia to diminish the sovereignty and independence of such states; (5) Russia is not providing military assistance to any Bosnian Serb military units or combatants or to the Government of the Federal Republic of Yugoslavia; (6) Russia is not providing any intelligence information to Cuba or assistance to Cuba with respect to the signal intelligence facility at Lourdes or the nuclear facility at Cienfuegos; (7) Russia is not providing to Iran, Iraq, Syria, China, or other countries whose governments have provided support for international terrorism, any goods or technology which could contribute to the acquisition of chemical, biological, nuclear, or advanced conventional weapons; (8) Russia is in strict compliance with all arms control agreements, as well as with all trade and financial agreements, with the United States; and (9) Russia has ceased all strategic nuclear weapons modernization.
Requires the President and the Comptroller General to report to the Congress for each fiscal year: (1) the amount of foreign assistance provided to Russia for the preceding fiscal year; (2) a detailed accounting of the amount of foreign assistance appropriated which has not been expended and its status; and (3) an estimate of the total amount of capital exported from Russia during the previous fiscal year, along with an analysis of reasons for such export.
Urges the President to instruct the U.S. executive directors of the international financial institutions to oppose assistance to Russia unless Russia is in compliance with this Act's requirements. | Freedom and Self-Determination for the Former Soviet Union Act |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Internet Gambling
Regulation and Tax Enforcement Act of 2009''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment is expressed in terms of an
amendment 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. TAX ON INTERNET GAMBLING; LICENSEE INFORMATION REPORTING.
(a) In General.--Chapter 36 (relating to certain other excise
taxes) is amended by adding at the end the following new subchapter:
``Subchapter E--Internet Gambling
``Sec. 4491. Imposition of Internet gambling license fee.
``Sec. 4492. Record requirements.
``SEC. 4491. IMPOSITION OF INTERNET GAMBLING LICENSE FEE.
``(a) Federal Fee.--Each licensee within the meaning of section
5382 of title 31, United States Code, shall be required to pay an
Internet gambling license fee by the end of each calendar month in an
amount equal to two percent of all funds deposited by customers during
the preceding month into an account maintained by that licensee or any
agent of that licensee that can be used for the purpose of placing a
bet or wager as defined in section 5362(1) of title 31, United States
Code.
``(b) Deposits.--Deposits made by or on behalf of a licensee of
Internet gambling winnings or returns of funds by or on behalf of a
licensee to the account of a customer shall not be treated as a deposit
for purposes of this section.
``(c) Persons Liable for Fee.--The Internet gambling license fee
shall be the direct and exclusive obligation of the Internet gambling
operator and may not be deducted from the amounts available as deposits
to the person placing a bet. Notwithstanding the foregoing, any person
making a deposit for the purpose of placing a bet or wager with a
person who is required but has failed to obtain a license pursuant to
subchapter V of chapter 53 of title 31, United States Code, shall be
liable for and pay the fee under this subchapter on all such deposits,
but such liability shall not excuse any failure to pay the fee on the
part of the person who is required but has failed to obtain such
license.
``(d) Unauthorized Bets or Wagers.--There is hereby imposed a fee
in an amount equal to 50 percent of all funds deposited into an account
that can be used for placing a bet or wager within the meaning of
Section 5362(1) of title 31, United States Code, with any person that
is not authorized pursuant to section 5382 of that title. Such tax is
due by the end of each calendar month with respect to deposits during
the preceding month.
``(e) Disposition.--Amounts paid as Internet gambling license fees
or on unauthorized bets or wagers under this section shall be deposited
in the general fund of the Treasury and treated as revenue.
``(f) Administrative Provisions.--Except to the extent the
Secretary shall by regulations prescribe, the fees imposed by this
section shall be subject to the administrative provisions of this title
applicable to excise taxes imposed by chapter 35.
``SEC. 4492. RECORD REQUIREMENTS.
``Each person liable for fees under this subchapter, except for a
person making a deposit who is liable for fees pursuant to section
4491(e), shall keep a daily record showing deposits as defined in this
subchapter, in addition to all other records required pursuant to
section 6001(a).''.
(b) Information Returns.--Subpart A of part III of subchapter A of
chapter 61 (relating to information concerning persons subject to
special provisions) is amended by adding at the end the following new
section:
``SEC. 6050X. RETURNS RELATING TO INTERNET GAMBLING.
``(a) Requirement.--Every person who is a licensee (within the
meaning of section 5382(3) of title 31, United States Code) or who
otherwise is engaged in the business of accepting any bet or wager
within the meaning of section 5362(1) of title 31, United States Code,
during a taxable year shall furnish, at such time and in such manner as
the Secretary shall by regulations prescribe, the information described
in subsection (b), and such person shall maintain (in the location, in
the manner, and to the extent prescribed in regulations) such records
as may be appropriate to the information described in subsection (b).
``(b) Required Information.--For purposes of subsection (a), the
information described is set forth below, which information may be
modified as appropriate by the Secretary through regulation--
``(1) the name, address, and TIN of the licensee or other
person engaged in the business of accepting any bet or wager,
``(2) the name, address, and TIN of each person placing a
bet or wager with the licensee or other person engaged in the
business of accepting any bet or wager during the calendar
year,
``(3) the gross winnings, gross wagers, and gross losses
for the calendar year of each person placing a bet or wager
with the licensee or other person engaged in the business of
accepting any bet or wager during the year,
``(4) the net Internet gambling winnings for each such
person for the calendar year,
``(5) the amount of tax withheld with respect to each such
person for the calendar year,
``(6) beginning and end-of-year account balances for each
such person for the calendar year, and
``(7) amounts deposited and withdrawn by each such person
during the calendar year.
``(c) Statement To Be Furnished to Persons With Respect to Whom
Information Is Required.--Every person required to make a return under
subsection (a) shall furnish to each person whose name is required to
be set forth in such return by reason of placing a bet or wager a
written statement showing--
``(1) the name, address, and phone number of the
information contact of the person required to make such return,
and
``(2) the information required to be shown on such return
with respect to each person whose name is required to be set
forth in such return.
The written statement required under the preceding sentence shall be
furnished to the person on or before January 31 of the year following
the calendar year for which the return under subsection (a) was
required to be made.
``(d) Definitions.--
``(1) Net internet gambling winnings.--The term `net
Internet gambling winnings' means gross winnings from wagers
placed over the Internet with a person required to be licensed
under section 5382 of chapter 53 of title 31, United States
Code, less the amounts wagered.
``(2) Internet; wager.--The terms `Internet' and `wager'
shall have the respective meanings given such terms by section
5362 of chapter 53 of title 31, United States Code.''.
(c) Clerical Amendments.--
(1) The table of subchapters for chapter 36 is amended by
adding at the end the following new item:
``subchapter e. internet gambling.''.
(2) The table of sections for subpart B of part III of
subchapter A of chapter 61 is amended by inserting after the
item relating to section 6050W the following new item:
``Sec. 6050X. Returns relating to Internet gambling.''.
(d) Effective Date.--The amendments made by this section shall
apply to bets or wagers placed after the date of the enactment of this
Act.
SEC. 3. WITHHOLDING FROM CERTAIN GAMBLING WINNINGS.
(a) Net Internet Gambling Winnings.--Paragraph (3) of section
3406(b) (relating to other reportable payments for purposes of backup
withholding) is amended--
(1) by striking ``or'' in subparagraph (E);
(2) by striking ``.'' and inserting ``, or'' at the end of
subparagraph (F); and
(3) by adding at the end thereof the following new
subparagraph:
``(G) section 6050X(b)(4) (relating to net Internet
gambling winnings).''.
(b) Effective Date.--The amendment made by this section shall apply
to bets or wagers placed after the date of the enactment of this Act.
SEC. 4. WITHHOLDING OF TAX ON NONRESIDENT ALIENS.
(a) Tax on Nonresident Alien Individuals.--Paragraph (1) of section
871(a) (relating to income not connected with United States business)
is amended--
(1) by striking ``and'' at the end of subparagraph (C),
(2) by inserting ``and'' at the end of subparagraph (D),
and
(3) by inserting after subparagraph (D) the following new
subparagraph:
``(E) the gross amount of winnings from each wager
placed over the Internet with a person required to be
licensed under section 5382 of chapter 53 of title 31,
United States Code (as such terms are defined in
section 6050X(d)(2)),''.
(b) Exemption for Certain Gambling Winnings.--Section 871(j)
(relating to exemption for certain gambling winnings) is amended by
inserting before the period at the end the following: ``or to any bets
or wagers placed over the Internet (as such terms are defined in
section 6050X(d)(2))''.
(c) Withholding of Tax on Nonresident Alien Individuals.--The first
sentence of subsection (b) of section 1441 (relating to withholding of
tax on nonresident aliens) is amended by inserting after ``gains
subject to tax under section 871(a)(1)(D),'' the following: ``the gross
amount of winnings from wagers placed over the Internet described in
section 871(a)(1)(E),''.
(d) Source of Internet Gambling Winnings.--Subsection (a) of
section 861 is amending by inserting at the end thereof the following
new paragraph:
``(9) Internet gambling winnings.--Any Internet gambling
winnings received from a licensee within the meaning of section
5382(3) of title 31, United States Code.''.
(e) Effective Date.--The amendments made by this section shall
apply to bets or wagers placed after the date of the enactment of this
Act.
SEC. 5. TERRITORIAL EXTENT.
Paragraph (2) of section 4404 is amended to read as follows:
``(2) placed within the United States or any Commonwealth,
territory, or possession thereof by a United States citizen or
resident.''. | Internet Gambling Regulation and Tax Enforcement Act of 2009 - Amends the Internal Revenue Code to: (1) impose an Internet gambling license fee on Internet gambling operators and an additional tax on unauthorized bets or wagers; (2) require such operators to file informational returns identifying themselves and the individuals placing bets or wagers with them; (3) require withholding of tax on net Internet gambling winnings and on the winnings of nonresident aliens; and (4) extend the excise tax on wagers to include wagers placed within the United States or any commonwealth, territory, or possession by a U.S. citizen or resident. | To amend the Internal Revenue Code of 1986 to regulate and tax Internet gambling. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elder Justice Reauthorization Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the American Journal of Public Health, at
least 10 percent of older Americans experience elder abuse.
(2) Victims of elder financial abuse are estimated to lose
at least $2.9 billion a year.
(3) Victims of elder abuse are three times more likely to
end up in a hospital and four times more likely to end up in a
nursing home than nonvictims.
(4) Adult protective services which operate in all 50
States to help prevent elder abuse and investigate cases have
no dedicated Federal funding or any designated Federal agency
home.
(5) Underreporting of elder abuse cases, especially
financial abuse, remains a major issue combined with a dearth
of comprehensive and reliable data which collectively leads to
a vast underestimation of the real amount of elder abuse in the
Nation.
(6) Differences in State laws and practices in the areas of
abuse, neglect, and exploitation of older adults lead to
significant disparities in prevention, protective and social
services, treatment systems, and law enforcement, and lead to
other inequities.
(7) Starting with the 1974 enactment of the Child Abuse
Prevention and Treatment Act, the Federal Government has played
an important role in promoting research, training, public
safety, data collection, the identification, development, and
dissemination of promising health care, social, and protective
services, and law enforcement practices, relating to child
abuse and neglect, domestic violence, and violence against
women. The Federal Government should promote similar efforts
and protections relating to elder abuse, neglect, and
exploitation.
(8) The Federal Government should provide leadership to
assist States and communities in their efforts to prevent elder
abuse, including the promotion of coordinated planning between
all levels of government and nongovernment entities and
generating and sharing knowledge relevant to protecting elders.
(9) The problem of elder abuse, neglect, and exploitation
requires a comprehensive approach that--
(A) recognizes the statutory role of State and
local adult protective services and long-term care
ombudsman programs to respond to elder abuse;
(B) integrates the work of health, legal, and
social service agencies and organizations;
(C) emphasizes the need for prevention, detection,
reporting, investigation, assessment and treatment, and
prosecution of elder abuse, neglect, and exploitation
at all levels of government;
(D) ensures that sufficient numbers of properly
trained personnel with specialized knowledge are in
place to treat, assess, and provide services related to
elder abuse, neglect, and exploitation, and carry out
elder protection duties;
(E) ensures there is cultural competency to address
the unique needs of a diverse older adult population
with respect to elder abuse; and
(F) balances an elder's right to self-determination
with society's responsibility to protect elders.
(10) The future well-being of millions of older adults may
be challenged by elder abuse and a coordinated and
comprehensive Federal response is needed. Elder abuse
prevention is a sound investment that can produce savings to
the Medicare and Medicaid programs in the future.
(11) A victim of elder abuse is never the same after being
victimized.
SEC. 3. REAUTHORIZATION OF THE ELDER JUSTICE ACT OF 2009.
(a) Amendments to the Social Security Act.--
(1) Each of the following provisions of the Social Security
Act is amended by striking ``2014'' and inserting ``2021'':
(A) Section 2024(2) (42 U.S.C. 1397k-3(2)).
(B) Section 2042(a)(2) (42 U.S.C. 1397m-1(a)(2)).
(C) Section 2042(b)(5) (42 U.S.C. 1397m-1(b)(5)).
(D) Section 2042(c)(5) (42 U.S.C. 1397m-1(c)(5)).
(E) Section 2043(b)(2) (42 U.S.C. 1397m-2(b)(2)).
(2) Each of the following provisions of the Social Security
Act is amended by striking ``and 2014'' and inserting ``through
2021'':
(A) Section 2031(f)(3) (42 U.S.C. 1397l(f)(3)).
(B) Section 2041(d)(3) (42 U.S.C. 1397m(d)(3)).
(C) Section 2043(a)(2)(C) (42 U.S.C. 1397m-
2(a)(2)(C)).
(3) Section 2045 of the Social Security Act (42 U.S.C.
1397m-4) is amended by striking ``October 1, 2014'' and
inserting ``2 years after the completion of grants made to
States under section 2042''.
(b) Amendments to the Patient Protection and Affordable Care Act.--
Section 6703(b) of the Patient Protection and Affordable Care Act (42
U.S.C. 1395i-3a(b)) is amended in each of paragraphs (1)(C) and (2)(C),
by striking ``2014'' and inserting ``2021''. | Elder Justice Reauthorization Act This bill amends title XX (Block Grants to States for Social Services) of the Social Security Act to reauthorize through FY2021 grants to states for activities related to the prevention and detection of elder abuse. In addition, the bill amends the Patient Protection and Affordable Care Act to reauthorize through FY2021: (1) the National Training Institute for federal and state surveyors of long-term care facilities, and (2) grants to state agencies that perform surveys of certain nursing facilities. | Elder Justice Reauthorization Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Budgeting for Opioid Addiction
Treatment Act''.
SEC. 2. STEWARDSHIP FEE ON OPIOID PAIN RELIEVERS.
(a) In General.--Subchapter E of chapter 32 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 4192. OPIOID PAIN RELIEVERS.
``(a) In General.--There is hereby imposed on the sale of any
active opioid by the manufacturer, producer, or importer a fee equal to
1 cent per milligram so sold.
``(b) Active Opioid.--For purposes of this section--
``(1) In general.--The term `active opioid' means any
controlled substance (as defined in section 102 of the
Controlled Substances Act, as in effect on the date of the
enactment of this section) which is opium, an opiate, or any
derivative thereof.
``(2) Exclusion for certain prescription medications.--Such
term shall not include any prescribed drug which is used
exclusively for the treatment of opioid addiction as part of a
medically assisted treatment effort.
``(3) Exclusion of other ingredients.--In the case of a
product that includes an active opioid and another ingredient,
subsection (a) shall apply only to the portion of such product
that is an active opioid.''.
(b) Clerical Amendments.--
(1) The heading of subchapter E of chapter 32 of the
Internal Revenue Code of 1986 is amended by striking ``Medical
Devices'' and inserting ``Other Medical Products''.
(2) The table of subchapters for chapter 32 of such Code is
amended by striking the item relating to subchapter E and
inserting the following new item:
``subchapter e. other medical products''.
(3) The table of sections for subchapter E of chapter 32 of
such Code is amended by adding at the end the following new
item:
``Sec. 4192. Opioid pain relievers.''.
(c) Effective Date.--The amendments made by this section shall
apply to sales on or after the date that is 1 year after the date of
the enactment of this Act.
(d) Rebate or Discount Program for Certain Cancer and Hospice
Patients.--
(1) In general.--The Secretary of Health and Human
Services, in consultation with patient advocacy groups and
other relevant stakeholders as determined by such Secretary,
shall establish a mechanism by which--
(A) any amount paid by an eligible patient in
connection with the stewardship fee under section 4192
of the Internal Revenue Code of 1986 (as added by this
section) shall be rebated to such patient in as timely
a manner as possible, or
(B) amounts paid by an eligible patient for active
opioids (as defined in section 4192(b) of such Code)
are discounted at time of payment or purchase to ensure
that such patient does not pay any amount attributable
to such fee,
with as little burden on the patient as possible. The Secretary
shall choose whichever of the options described in subparagraph
(A) or (B) is, in the Secretary's determination, most effective
and efficient in ensuring eligible patients face no economic
burden from such fee.
(2) Eligible patient.--For purposes of this section, the
term ``eligible patient'' means--
(A) a patient for whom any active opioid (as so
defined) is prescribed to treat pain relating to cancer
or cancer treatment;
(B) a patient participating in hospice care; and
(C) in the case of the death or incapacity of a
patient described in subparagraph (A) or (B) or any
similar situation as determined by the Secretary of
Health and Human Services, the appropriate family
member, medical proxy, or similar representative or the
estate of such patient.
SEC. 3. BLOCK GRANTS FOR PREVENTION AND TREATMENT OF SUBSTANCE ABUSE.
(a) Grants to States.--Section 1921(b) of the Public Health Service
Act (42 U.S.C. 300x-21(b)) is amended by inserting ``, and, as
applicable, for carrying out section 1923A'' before the period.
(b) Nonapplicability of Prevention Program Provision.--Section
1922(a)(1) of the Public Health Service Act (42 U.S.C. 300x-22(a)(1))
is amended by inserting ``except with respect to amounts made available
as described in section 1923A,'' before ``will expend''.
(c) Opioid Treatment Programs.--Subpart II of part B of title XIX
of the Public Health Service Act (42 U.S.C. 300x-21 et seq.) is amended
by inserting after section 1923 the following:
``SEC. 1923A. ADDITIONAL SUBSTANCE ABUSE TREATMENT PROGRAMS.
``A funding agreement for a grant under section 1921 is that the
State involved shall provide that any amounts made available by any
increase in revenues to the Treasury in the previous fiscal year
resulting from the enactment of section 4192 of the Internal Revenue
Code of 1986, reduced by any amounts rebated or discounted under
section 2(d) of the Budgeting for Opioid Addiction Treatment Act (as
described in section 1933(a)(1)(B)(i)) be used exclusively for
substance abuse (including opioid abuse) treatment efforts in the
State, including--
``(1) treatment programs--
``(A) establishing new addiction treatment
facilities, residential and outpatient, including
covering capital costs;
``(B) establishing sober living facilities;
``(C) recruiting and increasing reimbursement for
certified mental health providers providing substance
abuse treatment in medically underserved communities or
communities with high rates of prescription drug abuse;
``(D) expanding access to long-term, residential
treatment programs for opioid addicts (including 30-,
60-, and 90-day programs);
``(E) establishing or operating support programs
that offer employment services, housing, and other
support services to help recovering addicts transition
back into society;
``(F) establishing or operating housing for
children whose parents are participating in substance
abuse treatment programs, including capital costs;
``(G) establishing or operating facilities to
provide care for babies born with neonatal abstinence
syndrome, including capital costs; and
``(H) other treatment programs, as the Secretary
determines appropriate; and
``(2) recruitment and training of substance use disorder
professionals to work in rural and medically underserved
communities.''.
(d) Additional Funding.--Section 1933(a)(1)(B)(i) of the Public
Health Service Act (42 U.S.C. 300x-33(a)(1)(B)(i)) is amended by
inserting ``, plus any increase in revenues to the Treasury in the
previous fiscal year resulting from the enactment of section 4192 of
the Internal Revenue Code of 1986, reduced by any amounts rebated or
discounted under section 2(d) of the Budgeting for Opioid Addiction
Treatment Act'' before the period.
SEC. 4. REPORT.
Not later than 2 years after the date described in section 2(c),
the Secretary of Health and Human Services shall submit to Congress a
report on the impact of the amendments made by sections 2 and 3 on--
(1) the retail cost of active opioids (as defined in
section 4192 of the Internal Revenue Code of 1986, as added by
section 2);
(2) patient access to such opioids, particularly cancer and
hospice patients, including the effect of the discount or
rebate on such opioids for cancer and hospice patients under
section 2(d);
(3) how the increase in revenue to the Treasury resulting
from the enactment of section 4192 of the Internal Revenue Code
of 1986 is used to improve substance abuse treatment efforts in
accordance with section 1923A of the Public Health Service Act
(as added by section 3); and
(4) suggestions for improving--
(A) access to opioids for cancer and hospice
patients; and
(B) substance abuse treatment efforts under such
section 1923A. | Budgeting for Opioid Addiction Treatment Act This bill amends the Internal Revenue Code, with respect to excise taxes on manufacturers, to impose a one cent per milligram fee on the sale of active opioids by the manufacturer, producer, or importer. The fee excludes prescription drugs used exclusively for the treatment of opioid addiction as part of a medically assisted treatment effort. The Department of Health and Human Services (HHS) must establish a program to provide rebates or discounts to cancer and hospice patients to ensure that they do not pay the fee. The bill amends the Public Health Service Act to require any increase in federal revenues from the fee after rebates and discounts are subtracted to be distributed to states under the Substance Abuse Prevention and Treatment Block Grant program. The states must use the funds exclusively for substance abuse (including opioid abuse) efforts in the states, including: (1) specified treatment programs, and (2) the recruitment and training of substance use disorder professionals to work in rural and medically underserved communities. HHS must report to Congress on the impact of this bill on the retail cost of opioids and patient access to opioid medication, the effectiveness of the discount or rebate for cancer and hospice patients, how the funds are being used to improve substance abuse treatment efforts, and suggestions for improving access to opioids for cancer and hospice patients and substance abuse treatment efforts. | Budgeting for Opioid Addiction Treatment Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Personal Health Investment Today
Act'' or the ``PHIT Act.''
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) almost 20 percent of American children between the ages
of 2 and 19 are overweight or suffer from obesity;
(2) 8 of the 9 most expensive illnesses in the United
States are more common among overweight and obese individuals;
(3) according to the Centers for Disease Control and
Prevention, the increase in the number of overweight and obese
Americans between 1987 and 2001 resulted in a 27 percent
increase in per capita health care costs;
(4) the World Health Organization determined that in the
United States a $1 investment in physical activity alone (in
time and equipment) would reduce medical expenses by $3.20;
(5) research indicates that 2 in 5 Americans would become
more physically active if offered a financial incentive;
(6) the United States ranks last in the world in reducing
the number of preventable deaths resulting from obesity-related
chronic illnesses; and
(7) engaging in physical activities at young ages when
children are learning lifelong behaviors can have a significant
impact on their long-term health.
(b) Purpose.--The purpose of this Act is to promote health and
prevent disease, particularly diseases related to being overweight and
obese, by--
(1) encouraging healthier lifestyles;
(2) providing financial incentives to ease the financial
burden of engaging in healthy behavior; and
(3) increasing the ability of individuals and families to
participate in physical fitness activities.
SEC. 3. CERTAIN AMOUNTS PAID FOR PHYSICAL ACTIVITY, FITNESS, AND
EXERCISE TREATED AS AMOUNTS PAID FOR MEDICAL CARE.
(a) In General.--Section 213(d)(1) of the Internal Revenue Code of
1986 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 adding at the end the following new subparagraph:
``(E) for qualified sports and fitness expenses.''.
(b) Qualified Sports and Fitness Expenses.--Section 213(d) of such
Code is amended by adding at the end the following paragraph:
``(12) Qualified sports and fitness expenses.--
``(A) In general.--The term `qualified sports and
fitness expenses' means amounts paid exclusively for
the sole purpose of participating in a physical
activity including--
``(i) for membership at a fitness facility,
``(ii) for participation or instruction in
a program of physical exercise or physical
activity, and
``(iii) for equipment for use in a program
(including a self-directed program) of physical
exercise or physical activity.
``(B) Overall dollar limitation.--The aggregate
amount treated as qualified sports and fitness expenses
with respect to any taxpayer for any taxable year shall
not exceed $1,000 ($2,000 in the case of a joint return
or a head of household (as defined in section 2(b))).
``(C) Fitness facility defined.--For purposes of
subparagraph (A)(i), the term `fitness facility' means
a facility--
``(i) providing instruction in a program of
physical exercise, offering facilities for the
preservation, maintenance, encouragement, or
development of physical fitness, or serving as
the site of such a program of a State or local
government,
``(ii) which is not a private club owned
and operated by its members,
``(iii) which does not offer golf, hunting,
sailing, or riding facilities,
``(iv) whose health or fitness facility is
not incidental to its overall function and
purpose, and
``(v) which is fully compliant with the
State of jurisdiction and Federal anti-
discrimination laws.
``(D) Treatment of exercise videos, etc.--Videos,
books, and similar materials shall be treated as
described in subparagraph (A)(ii) if the content of
such materials constitute instruction in a program of
physical exercise or physical activity.
``(E) Limitations related to sports and fitness
equipment.--Amounts paid for equipment described in
subparagraph (A)(iii) shall be treated as a qualified
sports and fitness expense only--
``(i) if such equipment is utilized
exclusively for participation in fitness,
exercise, sport, or other physical activity
programs,
``(ii) if such equipment is not apparel or
footwear, and
``(iii) in the case of any item of sports
equipment (other than exercise equipment), with
respect to so much of the amount paid for such
item as does not exceed $250.
``(F) Programs which include components other than
physical exercise and physical activity.--Rules similar
to the rules of section 213(d)(6) shall apply in the
case of any program that includes physical exercise or
physical activity and also other components. For
purposes of the preceding sentence, travel and
accommodations shall be treated as an other
component.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Personal Health Investment Today Act or the PHIT Act This bill amends the Internal Revenue Code to allow a medical care tax deduction for up to $1,000 ($2,000 for a joint return or a head of household) of qualified sports and fitness expenses per year. The bill defines "qualified sports and fitness expenses" as amounts paid exclusively for the sole purpose of participating in a physical activity, including: (1) fitness facility memberships, (2) physical exercise or activity programs, and (3) equipment for a physical exercise or activity program. | Personal Health Investment Today Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Red River National Wildlife Refuge
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The area of Louisiana known as the Red River Valley,
located along the Red River Waterway in Caddo, Bossier, Red
River, Natchitoches, and DeSoto Parishes, is of critical
importance to over 350 species of birds (including migratory
and resident waterfowl, shore birds, and neotropical migratory
birds), aquatic life, and a wide array of other species
associated with river basin ecosystems.
(2) The bottomland hardwood forests of the Red River Valley
have been almost totally cleared. Reforestation and restoration
of native habitat will benefit a host of species.
(3) The Red River Valley is part of a major continental
migration corridor for migratory birds funneling through the
mid continent from as far north as the Arctic Circle and as far
south as South America.
(4) There are no significant public sanctuaries for over
300 river miles on this important migration corridor, and no
significant Federal, State, or private wildlife sanctuaries
along the Red River north of Alexandria, Louisiana.
(5) Completion of the lock and dam system associated with
the Red River Waterway project up to Shreveport, Louisiana, has
enhanced opportunities for management of fish and wildlife.
(6) The Red River Valley offers extraordinary recreational,
research, and educational opportunities for students,
scientists, bird watchers, wildlife observers, hunters,
anglers, trappers, hikers, and nature photographers.
(7) The Red River Valley is an internationally significant
environmental resource that has been neglected and requires
active restoration and management to protect and enhance the
value of the region as a habitat for fish and wildlife.
SEC. 3. ESTABLISHMENT AND PURPOSES OF REFUGE.
(a) Establishment.--The Secretary shall establish as a national
wildlife refuge the lands, waters, and interests therein acquired under
section 5, at such time as the Secretary determines that sufficient
property has been acquired under that section to constitute an area
that can be effectively managed as a national wildlife refuge for the
purposes set forth in subsection (b) of this section. The national
wildlife refuge so established shall be known as the ``Red River
National Wildlife Refuge''.
(b) Purposes.--The purposes of the Refuge are the following:
(1) To restore and preserve native Red River ecosystems.
(2) To provide habitat for migratory birds.
(3) To maximize fisheries on the Red River and its
tributaries, natural lakes, and man-made reservoirs.
(4) To provide habitat for and population management of
native plants and resident animals (including restoration of
extirpated species).
(5) To provide technical assistance to private land owners
in the restoration of their lands for the benefit of fish and
wildlife.
(6) To provide the public with opportunities for hunting,
angling, trapping, photographing wildlife, hiking, bird
watching, and other outdoor recreational and educational
activities.
(7) To achieve the purposes under this subsection without
violating section 6.
(c) Notice of Establishment.--The Secretary shall publish a notice
of the establishment of the Refuge--
(1) in the Federal Register; and
(2) in publications of local circulation in the vicinity of
the Refuge.
SEC. 4. ADMINISTRATION OF REFUGE.
(a) In General.--The Secretary shall administer all lands, waters,
and interests therein acquired under section 5 in accordance with--
(1) the National Wildlife Refuge System Administration Act
of 1966 (16 U.S.C. 668dd et seq) and the Act of September 28,
1962 (76 Stat. 653; 16 U.S.C. 460k et seq; commonly known as
the Refuge Recreation Act);
(2) the purposes of the Refuge set forth in section 3(b);
and
(3) the management plan issued under subsection (b).
(b) Management Plan.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Secretary shall issue a
management plan for the Refuge.
(2) Contents.--The management plan shall include provisions
that provide for the following:
(A) Planning and design of trails and access
points.
(B) Planning of wildlife and habitat restoration,
including reforestation.
(C) Permanent exhibits and facilities and regular
educational programs throughout the Refuge.
(3) Public participation.--
(A) In general.--The Secretary shall provide an
opportunity for public participation in developing the
management plan.
(B) Local views.--The Secretary shall give special
consideration to views by local public and private
entities and individuals in developing the management
plan.
(c) Wildlife Interpretation and Education Center.--
(1) In general.--The Secretary shall construct, administer,
and maintain, at an appropriate site within the Refuge, a
wildlife interpretation and education center.
(2) Purposes.--The center shall be designed and operated--
(A) to promote environmental education; and
(B) to provide an opportunity for the study and
enjoyment of wildlife in its natural habitat.
SEC. 5. ACQUISITION OF LANDS, WATERS, AND INTERESTS THEREIN.
(a) In General.--The Secretary shall seek to acquire up to 50,000
acres of land, water, or interests therein (including permanent
conservation easements or servitudes) within the boundaries designated
under subsection (c). All lands, waters, and interests acquired under
this subsection shall be part of the Refuge.
(b) Method of Acquisition.--The Secretary may acquire an interest
in land or water for inclusion in the Refuge only by donation,
exchange, or purchase from a willing seller.
(c) Designation of Boundaries.--
(1) In general.--Not later than 12 months after the date of
the enactment of this Act, the Secretary shall--
(A) consult with appropriate State and local
officials, private conservation organizations, and
other interested parties (including the Louisiana
Department of Wildlife and Fisheries, the Louisiana
Department of Transportation and Development, the Red
River Waterway Commission, and the Northwest Louisiana
Council of Governments), regarding the designation of
appropriate boundaries for the Refuge within the
selection area;
(B) designate boundaries of the Refuge that are
within the selection area and adequate for fulfilling
the purposes of the Refuge set forth in section 3(b);
and
(C) prepare a detailed map entitled ``Red River
National Wildlife Refuge'' depicting the boundaries of
the Refuge designated under subparagraph (B).
(2) Selection area.--For purposes of this subsection, the
selection area consists of Caddo, Bossier, Red River, DeSoto,
and Natchitoches Parishes, Louisiana.
(3) Availability of map; notice.--The Secretary shall--
(A) keep the map prepared under paragraph (1) on
file and available for public inspection at offices of
the United States Fish and Wildlife Service of the
District of Columbia and Louisiana; and
(B) publish in the Federal Register a notice of
that availability.
(d) Boundary Revisions.--The Secretary may make such minor
revisions in the boundaries designated under subsection (c) as may be
appropriate to achieve the purposes of the Refuge under section 3(b) or
to facilitate the acquisition of property for the Refuge.
SEC. 6. CONTINUED PUBLIC SERVICES.
Nothing in this Act shall be construed as prohibiting or
preventing, and the Secretary shall not for purposes of the Refuge
prohibit or prevent--
(1) the continuation or development of commercial or
recreational navigation on the Red River Waterway;
(2) necessary construction, operation, or maintenance
activities associated with the Red River Waterway project;
(3) the construction, improvement, or expansion of public
port or recreational facilities on the Red River Waterway; or
(4) the construction, improvement, or replacement of
railroads or interstate highways within the selection area
(designated in section 5(c)(2)), or bridges that cross the Red
River.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such sums
as may be necessary to carry out this Act.
SEC. 8. DEFINITIONS.
For purposes of this Act:
(1) Refuge.--The term ``Refuge'' means the Red River
National Wildlife Refuge established under section 3.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior. | Requires the Secretary to issue a management plan for the Refuge which includes provisions that provide for: (1) the planning and design of trails and access points; (2) the planning of wildlife and habitat restoration, including reforestation; and (3) permanent exhibits and facilities and regular educational programs throughout the Refuge.
Requires that the Secretary: (1) provide an opportunity for public participation in developing such plan; and (2) give special consideration to views by local public and private entities and individuals.
Directs the Secretary to construct, administer, and maintain within the Refuge, a wildlife interpretation and education center to promote environmental education and to provide an opportunity for the study and enjoyment of wildlife in its natural habitat.
Sets forth requirements for the designation of boundaries for the Refuge.
Declares that nothing in this Act shall be construed as prohibiting or preventing, and the Secretary shall not prohibit or prevent: (1) the continuation or development of commercial or recreational navigation on the Red River Waterway; (2) necessary construction, operation, or maintenance activities associated with the Red River Waterway project; (3) the construction, improvement, or expansion of public port or recreational facilities on such Waterway; or (4) the construction, improvement, or replacement of railroads or interstate highways within the selection area, or bridges that cross the Red River.
Authorizes appropriations. | Red River National Wildlife Refuge Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sacramento River National Recreation
Area Act of 2010''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advisory council.--The term ``Advisory Council'' means
the Sacramento River National Recreation Area Advisory Council
established by section 5(a).
(2) Management plan.--The term ``management plan'' means
the management plan for the Recreation Area prepared under
section 4(c).
(3) Recreation area.--The term ``Recreation Area'' means
the Sacramento River National Recreation Area.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of
California.
SEC. 3. ESTABLISHMENT OF SACRAMENTO RIVER NATIONAL RECREATION AREA.
(a) In General.--To conserve, protect, and enhance the landscape
described in subsection (b) in order to promote the outstanding
recreational, ecological, geological, scenic, cultural, and historic
resources, fish and wildlife values, and other resources of the
landscape, there is established the Sacramento River National
Recreation Area in the State, to be managed by the Secretary.
(b) Boundaries.--The Recreation Area shall consist of approximately
17,869 acres of Federal land in Tehama County and Shasta County,
California, adjacent to the Sacramento River, lower Battle Creek, and
lower Paynes Creek, as generally depicted on the map entitled
``Sacramento River National Recreation Area'' and dated February 2,
2010.
(c) Map.--
(1) In general.--As soon as practicable, but not later than
3 years, after the date of enactment of this Act, the Secretary
shall submit a map and legal description of the Recreation Area
to--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Effect.--The map and legal description submitted under
paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct any
clerical and typographical errors in the map and legal
description.
(3) Availability.--Copies of the map submitted under
paragraph (1) shall be on file and available for public
inspection in--
(A) the Office of the Director of the Bureau of
Land Management; and
(B) the appropriate office of the Bureau of Land
Management in California.
(d) Inclusion in National Landscape Conservation System.--The
Recreation Area shall be included in the National Landscape
Conservation System.
SEC. 4. MANAGEMENT.
(a) In General.--The Secretary shall manage the Recreation Area to
further the purposes described in section 3(a), in accordance with--
(1) this Act;
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(3) any other applicable law.
(b) Uses.--The Secretary shall only allow uses of the Recreation
Area that would further the purposes for which the area is designated,
as described in section 3(a).
(c) Recreation Area Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit a
comprehensive plan for the long-range protection and management
of the Recreation Area to--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Contents of plan.--The management plan--
(A) shall describe the appropriate uses and
management of the Recreation Area in accordance with
this Act;
(B) may incorporate any appropriate decisions, as
determined by the Secretary, in accordance with this
Act, that are contained in any management or activity
plan for the area completed before the date of
enactment of this Act;
(C) may incorporate appropriate wildlife habitat
management plans or other plans prepared for the land
within or adjacent to the Recreation Area before the
date of enactment of this Act, in accordance with this
Act;
(D) shall include a monitoring and enforcement
strategy;
(E) shall be prepared in consultation with--
(i) the Sacramento River National
Recreation Area Advisory Council;
(ii) appropriate Federal, State, and local
agencies (including Tehama County and Shasta
County, California);
(iii) adjacent landowners; and
(iv) other stakeholders; and
(F) may use information developed under any studies
of land within or adjacent to the Recreation Area
carried out before the date of enactment of this Act.
(d) Acquisition of Property.--
(1) In general.--The Secretary may acquire land adjacent to
the National Recreation Area by purchase from willing sellers,
donation, or exchange.
(2) Management.--Any land acquired under paragraph (1)
shall be managed in accordance with--
(A) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
(B) this Act; and
(C) any other applicable law (including
regulations).
(3) Improved access.--The Secretary may acquire, through
voluntary sale, donation, exchange, or easement, land or
interest in land to improve public safety in providing access
to the Recreation Area.
(e) Private Property.--
(1) Access to private property.--
(A) In general.--The Secretary shall provide
landowners adequate access to inholdings within the
Recreation Area.
(B) Inholdings.--For access purposes, private land
adjacent to the Recreation Area to which there is no
other practicable access except through the Recreation
Area shall be managed as an inholding.
(2) Use of private property.--Nothing in this Act affects
the ownership, management, or other rights relating to any non-
Federal land (including any interest in any non-Federal land).
(3) Buffer zones.--Nothing in this Act creates a protective
perimeter or buffer zone around any area designated as a
Recreation Area by this Act.
(4) Valid rights.--Nothing in this Act affects any
easements, rights-of-way, and other valid rights in existence
on the date of enactment of this Act.
(f) Water Right Exclusion.--Nothing in this Act--
(1) shall constitute or be construed to constitute either
an express or implied reservation by the United States of any
water or water rights with respect to the land designated as a
National Recreation Area by section 3(a); or
(2) shall affect any water rights existing on the date of
enactment of this Act.
(g) Hunting and Fishing.--Nothing in this Act--
(1) limits hunting or fishing; or
(2) affects the authority, jurisdiction, or responsibility
of the State to manage, control, or regulate fish and resident
wildlife under State law (including regulations), including the
regulation of hunting or fishing on public land managed by the
Bureau of Land Management.
(h) Motorized Vehicles.--Except in cases in which motorized
vehicles are needed for administrative purposes or to respond to an
emergency, the use of motorized vehicles on public land in the
Recreation Area shall be permitted only on routes designated by the
management plan for the use of motorized vehicles.
(i) Motorized Boats.--
(1) In general.--Nothing in this Act restricts the use of
motorized boats on the Sacramento River.
(2) Regulation.--Tehama County and Shasta County,
California, and the California Department of Boating and
Waterways shall retain authority to regulate motorized boating
for the purpose of ensuring public safety and environmental
protection.
(j) Grazing.--In the Recreation Area, the grazing of livestock in
areas in which grazing is allowed as of the date of enactment of this
Act shall be allowed to continue, consistent with--
(1) this Act;
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(3) any regulations promulgated by the Secretary, acting
through the Director of the Bureau of Land Management.
(k) Withdrawal.--Subject to valid existing rights, all Federal land
within the Recreation Area is withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patenting under the mining laws;
and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
SEC. 5. SACRAMENTO RIVER NATIONAL RECREATION AREA ADVISORY COUNCIL.
(a) Establishment.--There is established an advisory council to be
known as the ``Sacramento River National Recreation Area Advisory
Council''.
(b) Purpose.--The purposes of the Advisory Council are--
(1) to ensure public involvement in the management of the
Recreation Area;
(2) to provide advice and recommendations to the Secretary
relating to the development, implementation, and amendment of
the management plan; and
(3) to improve collaborative relationships among persons
and entities interested in the management of the Recreation
Area.
(c) Composition of Council.--The Advisory Council shall consist of
11 members, of whom--
(1) 3 members shall be appointed by the Secretary, based on
recommendations from the Board of Supervisors of Tehama County,
to represent Tehama County, California;
(2) 1 member shall be appointed by the Secretary, based on
recommendations from the Board of Supervisors of Shasta County,
to represent Shasta County, California;
(3) 1 member shall be appointed by the Secretary to
represent the conservation community that is carrying out
conservation activities in or near the Recreation Area;
(4) 1 member shall be appointed by the Secretary from the
livestock grazing community in or near the Recreation Area;
(5) 1 member shall be appointed by the Secretary to
represent Indian tribes in or near the Recreation Area; and
(6) 4 members shall be appointed by the Secretary to
represent different sectors of the recreation community that
are carrying out activities in or near the Recreation Area.
(d) Terms.--
(1) In general.--Except as provided in paragraph (3), a
member of the Advisory Council shall be appointed to a term of
4 years.
(2) Reappointment.--A member of the Advisory Council may be
reappointed to additional 4-year terms.
(3) Initial term.--Of the members initially appointed to
the Advisory Council--
(A) 5 shall be appointed for a term of 2 years; and
(B) 6 shall be appointed for a term of 4 years.
(e) Chairperson.--
(1) In general.--The Advisory Council shall elect a member
of the Advisory Council to serve as chairperson of the Advisory
Council.
(2) Term.--The chairperson of the Advisory Council shall
serve for a term of 1 year.
(3) Reelection.--The chairperson may be reelected for
additional 1-year terms.
(f) Consultation With Secretary.--The Secretary shall consult with
the Advisory Council on a periodic basis to discuss matters relating to
the development and implementation of the management plan for the
Recreation Area.
(g) Meetings.--
(1) In general.--The Advisory Council shall meet--
(A) at the call of the Secretary; but
(B) not less than--
(i) 4 times annually while the management
plan is being developed, unless a majority of
members of the Advisory Council determine the
meetings to be unnecessary; and
(ii) not less than annually after the
management plan is completed.
(2) Public access.--All meetings of the Advisory Council
shall be open to the public.
(3) Public comments.--During meetings, the Advisory Council
shall provide interested persons a reasonable opportunity to
comment on the management of the Recreation Area.
(4) Notice.--The Secretary shall provide appropriate notice
of the time, date, and location of each meeting of the Advisory
Council.
(h) Compensation.--Members of the Advisory Council shall serve
without pay.
(i) Termination.--
(1) In general.--Except as provided in paragraph (2), the
Advisory Council shall terminate on the date that is 20 years
after the date of enactment of this Act.
(2) Exception.--The Secretary may, at the request of the
Advisory Council, extend the authority of the Advisory Council
beyond the date specified in paragraph (1).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as are necessary. | Sacramento River National Recreation Area Act of 2010 - Establishes the Sacramento River National Recreation Area in California, consisting of specified public land in Tehama and Shasta Counties. Requires the development of a comprehensive plan for the long-range protection and management of the Recreation Area.
Establishes the Sacramento River National Recreation Area Advisory Council to provide advice and make recommendations to the Secretary of the Interior related to the development, implementation, and amendment of such plan and to ensure public involvement in the management of such Area. | A bill to establish the Sacramento River National Recreation Area in the State of California. |
SECTION 1. FINDINGS.
Congress finds that:
(1) Adak Island is an isolated island located 1,200 miles
southwest of Anchorage, Alaska, between the Pacific Ocean and the
Bering Sea. The Island, with its unique physical and biological
features, including a deep water harbor and abundant marine-
associated wildlife, was recognized early for both its natural and
military values. In 1913, Adak Island was reserved and set aside as
a Preserve because of its value to seabirds, marine mammals, and
fisheries. Withdrawals of portions of Adak Island for various
military purposes date back to 1901 and culminated in the 1959
withdrawal of approximately half of the Island for use by the
Department of the Navy for military purposes.
(2) By 1990, military development on Adak Island supported a
community of 6,000 residents. Outside of the Adak Naval Complex,
there was no independent community on Adak Island.
(3) As a result of the Defense Base Closure and Realignment Act
of 1990 (104 Stat. 1808), as amended, the Adak Naval Complex has
been closed by the Department of Defense.
(4) The Aleut Corporation is an Alaskan Native Regional
Corporation incorporated in the State of Alaska pursuant to the
Alaska Native Claims Settlement Act (ANCSA), as amended (43 U.S.C.
1601, et seq.). The Aleut Corporation represents the indigenous
people of the Aleutian Islands who prior to the Russian exploration
and settlement of the Aleutian Islands were found throughout the
Aleutian Islands which includes Adak Island.
(5) None of Adak Island was available for selection by The
Aleut Corporation under section 14(h)(8) of ANCSA (43 U.S.C.
1613(h)(8)) because it was part of a National Wildlife Refuge and
because the portion comprising the Adak Naval Complex was withdrawn
for use by the United States Navy for military purposes prior to
the passage of ANCSA in December 1971.
(6) The Aleut Corporation is attempting to establish a
community on Adak and has offered to exchange ANCSA land selections
and entitlements for conveyance of certain lands and interests
therein on a portion of Adak formerly occupied by the Navy.
(7) Removal of a portion of the Adak Island land from refuge
status will be offset by the acquisition of high quality wildlife
habitat in other Aleut Corporation selections within the Alaska
Maritime National Wildlife Refuge, maintaining a resident human
population on Adak to control caribou, and making possible a
continued United States Fish and Wildlife Service presence in that
remote location to protect the natural resources of the Aleutian
Islands Unit of the Alaska Maritime National Wildlife Refuge.
(8) It is in the public interest to promote reuse of the Adak
Island lands by exchanging certain lands for lands selected by The
Aleut Corporation elsewhere in the Alaska Maritime National
Wildlife Refuge. Experience with environmental problems associated
with formerly used defense sites in the State of Alaska suggests
that the most effective and efficient way to avoid future
environmental problems on Adak is to support and encourage active
reuse of Adak.
SEC. 2. RATIFICATION OF AGREEMENT.
The document entitled the ``Agreement Concerning the Conveyance of
Property at the Adak Naval Complex'' (hereinafter ``the Agreement''),
and dated September 20, 2000, executed by The Aleut Corporation, the
Department of the Interior and the Department of the Navy, together
with any technical amendments or modifications to the boundaries that
may be agreed to by the parties is hereby ratified, confirmed, and
approved and the terms, conditions, procedures, covenants,
reservations, indemnities and other provisions set forth in the
Agreement are declared to be obligations and commitments of the United
States and The Aleut Corporation: Provided, That modifications to the
maps and legal descriptions of lands to be removed from the National
Wildlife Refuge System within the military withdrawal on Adak Island
set forth in Public Land Order 1949 may be made only upon agreement of
all Parties to the Agreement and notification given to the Committee on
Resources of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States Senate:
Provided further, That the acreage conveyed to the United States by The
Aleut Corporation under the Agreement, as modified, shall be at least
36,000 acres.
SEC. 3. REMOVAL OF LANDS FROM REFUGE.
Effective on the date of conveyance to The Aleut Corporation of the
Adak Exchange Lands as described in the Agreement, all such lands shall
be removed from the National Wildlife Refuge System and shall neither
be considered as part of the Alaska Maritime National Wildlife Refuge
nor be subject to any laws pertaining to lands within the boundaries of
the Alaska Maritime National Wildlife Refuge, including the conveyance
restrictions imposed by section 22(g) of ANCSA (43 U.S.C. 1621(g)), for
land in the National Wildlife Refuge System. The Secretary shall adjust
the boundaries of the Refuge so as to exclude all interests in lands
and land rights, surface and subsurface, received by The Aleut
Corporation in accordance with this Act and the Agreement.
SEC. 4. ALASKA NATIVE CLAIMS SETTLEMENT ACT.
Lands and interests therein exchanged and conveyed by the United
States pursuant to this Act shall be considered and treated as
conveyances of lands or interests therein under the Alaska Native
Claims Settlement Act, except that receipt of such lands and interests
therein shall not constitute a sale or disposition of land or interests
received pursuant to such Act. The public easements for access to
public lands and waters reserved pursuant to the Agreement are deemed
to satisfy the requirements and purposes of section 17(b) of the Alaska
Native Claims Settlement Act.
SEC. 5. REACQUISITION OF LANDS.
The Secretary of the Interior is authorized to acquire by purchase
or exchange, on a willing seller basis only, any land conveyed to The
Aleut Corporation under the Agreement and this Act. In the event any of
the lands are subsequently acquired by the United States, they shall be
automatically included in the Refuge System. The laws and regulations
applicable to Refuge lands shall then apply to these lands and the
Secretary shall then adjust the boundaries accordingly.
SEC. 6. GENERAL.
(a) Nothwithstanding the Federal Property and Administrative
Services Act of 1949, as amended (40 U.S.C. 483-484) and the Defense
Base Closure and Realignment Act of 1990, as amended (10 U.S.C. 2687),
and for the purposes of the transfer of property authorized by this
Act, Department of Navy personal property that remains on Adak Island
is deemed related to the real property and shall be conveyed by the
Department of the Navy to The Aleut Corporation at no additional cost
when the related real property is conveyed by the Department of the
Interior.
(b) The Secretary of the Interior shall convey to The Aleut
Corporation those lands identified in the Agreement as the former
landfill sites without charge to The Aleut Corporation's entitlement
under the Alaska Native Claims Settlement Act.
(c) Any property, including, but not limited to, appurtenances and
improvements, received pursuant to this Act shall, for purposes of
section 21(d) of the Alaska Native Claims Settlement Act, as amended,
and section 907(d) of the Alaska National Interest Lands Conservation
Act, as amended, be treated as not developed until such property is
actually occupied, leased (other than leases for nominal consideration
to public entities) or sold by The Aleut Corporation, or, in the case
of a lease or other transfer by The Aleut Corporation to a wholly owned
development subsidiary, actually occupied, leased, or sold by the
subsidiary.
(d) Upon conveyance to The Aleut Corporation of the lands described
in Appendix A of the Agreement, the lands described in Appendix C of
the Agreement will become unavailable for selection under ANCSA.
(e) The maps included as part of Appendix A to the Agreement depict
the lands to be conveyed to The Aleut Corporation. The maps shall be
left on file at the Region 7 Office of the United States Fish and
Wildlife Service and the offices of Alaska Maritime National Wildlife
Refuge in Homer, Alaska. The written legal descriptions of the lands to
be conveyed to The Aleut Corporation are also part of Appendix A. In
case of any discrepancies, the maps shall be controlling.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Ratifies, confirms, and approves the "Agreement Concerning the Conveyance of Property at the Adak Naval Complex," dated September 20, 2000, and executed by the Aleut Corporation and the Departments of the Interior and the Navy. Permits modifications to the maps and legal descriptions of lands to be removed from the National Wildlife Refuge System (NWRS) within the military withdrawal on Adak Island only upon agreement of all parties and notice to specified congressional committees. Requires the acreage conveyed to the United States to be at least 36,000 acres.Provides that the Adak exchange lands shall be removed from the NWRS and shall not be considered as part of the Alaska Maritime National Wildlife Refuge. Treats lands and interests exchanged and conveyed by the United States pursuant to this Act as conveyances under ANCSA, except that receipt shall not constitute a sale or disposition of land or interests pursuant to such Act. Deems that the public easements for access to public lands and waters reserved pursuant to the Agreement satisfy ANCSA requirements.Authorizes the Secretary of the Interior to acquire, on a willing seller basis, any land conveyed to the Corporation under the Agreement and this Act. Includes acquired lands in the NWRS.Deems Department of Navy personal property that remains on Adak Island to be related to the real property and requires such personal property to be conveyed by such Department to the Corporation at no additional cost when the related real property is conveyed. Requires the Secretary to convey those lands identified in the Agreement as the former landfill sites to the Corporation without charge to its entitlement under ANCSA.Treats any property, including appurtenances and improvements, received pursuant to this Act as not developed until it is actually occupied, leased, or sold by the Corporation or by a wholly owned development subsidiary to which it is transferred..Provides that upon conveyance to the Corporation of the lands described in Appendix A of the Agreement, lands described in Appendix C will become unavailable for selection under ANCSA. | A bill to ratify an agreement between the Aleut Corporation and the United States of America to exchange land rights received under the Alaska Native Claims Settlement Act for certain land interests on Adak Island, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``COPS Improvements Act of 2009''.
SEC. 2. COPS GRANT IMPROVEMENTS.
(a) In General.--Section 1701 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Grant Authorization.--The Attorney General shall carry out
grant programs under which the Attorney General makes grants to States,
units of local government, Indian tribal governments, other public and
private entities, multi-jurisdictional or regional consortia, and
individuals for the purposes described in subsections (b), (c), (d),
and (e).'';
(2) in subsection (b)--
(A) by striking the subsection heading text and
inserting ``Community Policing and Crime Prevention
Grants'';
(B) in paragraph (3), by striking ``, to increase
the number of officers deployed in community-oriented
policing'';
(C) in paragraph (4), by inserting ``or train''
after ``pay for'';
(D) by inserting after paragraph (4) the following:
``(5) award grants to hire school resource officers and to
establish school-based partnerships between local law
enforcement agencies and local school systems to combat crime,
gangs, drug activities, and other problems in and around
elementary and secondary schools;'';
(E) by striking paragraph (9);
(F) by redesignating paragraphs (10) through (12)
as paragraphs (9) through (11), respectively;
(G) by striking paragraph (13);
(H) by redesignating paragraphs (14) through (17)
as paragraphs (12) through (15), respectively;
(I) in paragraph (14), as so redesignated, by
striking ``and'' at the end;
(J) in paragraph (15), as so redesignated, by
striking the period at the end and inserting a
semicolon; and
(K) by adding at the end the following:
``(16) establish and implement innovative programs to
reduce and prevent illegal drug manufacturing, distribution,
and use, including the manufacturing, distribution, and use of
methamphetamine; and
``(17) award enhancing community policing and crime
prevention grants that meet emerging law enforcement needs, as
warranted.'';
(3) by striking subsection (c);
(4) by striking subsections (h) and (i);
(5) by redesignating subsections (d) through (g) as
subsections (f) through (i), respectively;
(6) by inserting after subsection (b) the following:
``(c) Troops-to-Cops Programs.--
``(1) In general.--Grants made under subsection (a) may be
used to hire former members of the Armed Forces to serve as
career law enforcement officers for deployment in community-
oriented policing, particularly in communities that are
adversely affected by a recent military base closing.
``(2) Definition.--In this subsection, `former member of
the Armed Forces' means a member of the Armed Forces of the
United States who is involuntarily separated from the Armed
Forces within the meaning of section 1141 of title 10, United
States Code.
``(d) Community Prosecutors Program.--The Attorney General may make
grants under subsection (a) to pay for additional community prosecuting
programs, including programs that assign prosecutors to--
``(1) handle cases from specific geographic areas; and
``(2) address counter-terrorism problems, specific violent
crime problems (including intensive illegal gang, gun, and drug
enforcement and quality of life initiatives), and localized
violent and other crime problems based on needs identified by
local law enforcement agencies, community organizations, and
others.
``(e) Technology Grants.--The Attorney General may make grants
under subsection (a) to develop and use new technologies (including
interoperable communications technologies, modernized criminal record
technology, and forensic technology) to assist State and local law
enforcement agencies in reorienting the emphasis of their activities
from reacting to crime to preventing crime and to train law enforcement
officers to use such technologies.'';
(7) in subsection (f), as so redesignated--
(A) in paragraph (1), by striking ``to States,
units of local government, Indian tribal governments,
and to other public and private entities,'';
(B) in paragraph (2), by striking ``define for
State and local governments, and other public and
private entities,'' and inserting ``establish'';
(C) in the first sentence of paragraph (3), by
inserting ``(including regional community policing
institutes)'' after ``training centers or facilities'';
and
(D) by adding at the end the following:
``(4) Exclusivity.--The Office of Community Oriented
Policing Services shall be the exclusive component of the
Department of Justice to perform the functions and activities
specified in this paragraph.'';
(8) in subsection (g), as so redesignated, by striking
``may utilize any component'', and all that follows and
inserting ``shall use the Office of Community Oriented Policing
Services of the Department of Justice in carrying out this
part.'';
(9) in subsection (h), as so redesignated--
(A) by striking ``subsection (a)'' the first place
that term appears and inserting ``paragraphs (1) and
(2) of subsection (b)''; and
(B) by striking ``in each fiscal year pursuant to
subsection (a)'' and inserting ``in each fiscal year
for purposes described in paragraph (1) and (2) of
subsection (b)'';
(10) in subsection (i), as so redesignated, by striking the
second sentence; and
(11) by adding at the end the following:
``(j) Retention of Additional Officer Positions.--For any grant
under paragraph (1) or (2) of subsection (b) for hiring or rehiring
career law enforcement officers, a grant recipient shall retain each
additional law enforcement officer position created under that grant
for not less than 12 months after the end of the period of that grant,
unless the Attorney General waives, wholly or in part, the retention
requirement of a program, project, or activity.''.
(b) Applications.--Section 1702 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796dd-1) is amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1), by
inserting ``, unless waived by the Attorney General''
after ``under this part shall'';
(B) by striking paragraph (8); and
(C) by redesignating paragraphs (9) through (11) as
paragraphs (8) through (10), respectively; and
(2) by striking subsection (d).
(c) Renewal of Grants.--Section 1703 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended to read as
follows:
``SEC. 1703. RENEWAL OF GRANTS.
``(a) In General.--A grant made under this part may be renewed,
without limitations on the duration of such renewal, to provide
additional funds, if the Attorney General determines that the funds
made available to the recipient were used in a manner required under an
approved application and if the recipient can demonstrate significant
progress in achieving the objectives of the initial application.
``(b) No Cost Extensions.--Notwithstanding subsection (a), the
Attorney General may extend a grant period, without limitations as to
the duration of such extension, to provide additional time to complete
the objectives of the initial grant award.''.
(d) Limitation on Use of Funds.--Section 1704 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-3) is amended--
(1) in subsection (a), by striking ``that would, in the
absence of Federal funds received under this part, be made
available from State or local sources'' and inserting ``that
the Attorney General determines would, in the absence of
Federal funds received under this part, be made available for
the purpose of the grant under this part from State or local
sources''; and
(2) by striking subsection (c).
(e) Enforcement Actions.--
(1) In general.--Section 1706 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796dd-5) is amended--
(A) in the section heading, by striking
``revocation or suspension of funding'' and inserting
``enforcement actions''; and
(B) by striking ``revoke or suspend'' and all that
follows and inserting ``take any enforcement action
available to the Department of Justice.''.
(2) Technical and conforming amendment.--The table of
contents of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711) is amended by striking the
item relating to section 1706 and inserting the following:
``Sec. 1706. Enforcement actions.''.
(f) Definitions.--Section 1709(1) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796dd-8(1)) is amended--
(1) by inserting ``who is a sworn law enforcement officer''
after ``permanent basis''; and
(2) by inserting ``, including officers for the Amtrak
Police Department'' before the period at the end.
(g) Authorization of Appropriations.--Section 1001(11) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(11))
is amended--
(1) in subparagraph (A), by striking ``$1,047,119,000 for
each of fiscal years 2006 through 2009'' and inserting
``$1,150,000,000 for each of fiscal years 2009 through 2014'';
and
(2) in subparagraph (B)--
(A) in the first sentence, by striking ``3
percent'' and inserting ``5 percent''; and
(B) by striking the second sentence and inserting
the following: ``Of the funds available for grants
under part Q, not less than $600,000,000 shall be used
for grants for the purposes specified in section
1701(b), not more than $200,000,000 shall be used for
grants under section 1701(d), and not more than
$350,000,000 shall be used for grants under section
1701(e).''.
(h) Purposes.--Section 10002 of the Public Safety Partnership and
Community Policing Act of 1994 (42 U.S.C. 3796dd note) is amended--
(1) in paragraph (4), by striking ``development'' and
inserting ``use''; and
(2) in the matter following paragraph (4), by striking
``for a period of 6 years''.
(i) COPS Program Improvements.--
(1) In general.--Section 109(b) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3712h(b)) is
amended--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively; and
(C) in paragraph (2), as so redesignated, by
inserting ``, except for the program under part Q of
this title'' before the period.
(2) Law enforcement computer systems.--Section 107 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3712f) is amended by adding at the end the following:
``(c) Exception.--This section shall not apply to any grant made
under part Q of this title.''. | COPS Improvements Act of 2009 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to expand the authority of the Attorney General to make grants for public safety and community policing programs (COPS ON THE BEAT grant program).
Authorizes grants to: (1) hire school resource officers and establish local partnerships to combat crime, gangs, drug activities, and other problems in elementary and secondary schools; (2) establish and implement programs to reduce and prevent illegal drug activities, including the manufacturing, distribution, and use of methamphetamine; and (3) meet emerging law enforcement needs, as warranted.
Authorizes the use of COPS ON THE BEAT grants to hire former members of the Armed Forces to serve as career law enforcement officers.
Authorizes the Attorney General to make grants for: (1) assigning prosecutors to handle cases from specific geographic areas and to address counter-terrorism problems and violent crime in local communities; and (2) developing new technologies to assist state and local law enforcement agencies in crime prevention and training.
Grants the Office of Community Oriented Policing Services exclusive authority to perform functions and activities under COPS ON THE BEAT grant program.
Authorizes the Attorney General to extend grant periods and to renew grants if the grant recipient can demonstrate significant progress in achieving the objectives of the initial grant application.
Increases and extends the authorization of appropriations for the COPS ON THE BEAT grant program for FY2009-FY2014. | A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968 to enhance the COPS ON THE BEAT grant program, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Western Reserve Heritage Areas Study
Act''.
SEC. 2. NATIONAL PARK SERVICE STUDY REGARDING THE WESTERN RESERVE,
OHIO.
(a) Findings.--The Congress finds the following:
(1) The area that encompasses the modern-day counties of
Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake, Cuyahoga,
Summit, Medina, Huron, Lorain, Erie, Ottawa, and Ashland in
Ohio with the rich history in what was once the Western
Reserve, has made a unique contribution to the cultural,
political and industrial development of the United States.
(2) The Western Reserve is distinctive as the land settled
by the people of Connecticut after the Revolutionary War. The
Western Reserve holds a unique mark as the original wilderness
land of the West that many settlers migrated to in order to
begin life outside of the original 13 colonies.
(3) The Western Reserve played a significant role in
providing land to the people of Connecticut whose property and
land was destroyed during the Revolution. These settlers were
descendants of the brave immigrants who came to the Americas in
the 17th century.
(4) The Western Reserve offered a new destination for those
who moved west in search of land and prosperity. The
agricultural and industrial base that began in the Western
Reserve still lives strong in these prosperous and historical
counties.
(5) The heritage of the Western Reserve remains transfixed
in the counties of Trumbull, Mahoning, Ashtabula, Portage,
Geagua, Lake, Cuyahoga, Summit, Medina, Huron, Lorain, Erie,
Ottawa, and Ashland in Ohio. The people of these counties are
proud of their heritage as shown through the unwavering
attempts to preserve agricultural land and the industrial
foundation that has been embedded in this region since the
establishment of the Western Reserve. Throughout these
counties, historical sites, and markers preserve the unique
traditions and customs of its original heritage.
(6) The counties that encompass the Western Reserve
continue to maintain a strong connection to its historic past
as seen through its preservation of its local heritage,
including historic homes, buildings, and centers of public
gatherings.
(7) There is a need for assistance for the preservation and
promotion of the significance of the Western Reserve as the
natural, historic and cultural heritage of the counties of
Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake, Cuyahoga,
Summit, Medina, Huron, Lorain, Erie, Ottawa and Ashland in
Ohio.
(8) The Department of the Interior is responsible for
protecting the Nation's cultural and historical resources.
There are significant examples of such resources within these
counties and what was once the Western Reserve to merit the
involvement of the Federal Government in the development of
programs and projects, in cooperation with the State of Ohio
and other local governmental entities, to adequately conserve,
protect, and interpret this heritage for future generations,
while providing opportunities for education and revitalization.
(b) Study.--
(1) In general.--The Secretary, acting through the National
Park Service Rivers, Trails, and Conservation Assistance
Program, Midwest Region, and in consultation with the State of
Ohio, the counties of Trumbull, Mahoning, Ashtabula, Portage,
Geagua, Lake, Cuyahoga, Summit, Medina, Huron, Lorain, Erie,
Ottawa, and Ashland, and other appropriate organizations, shall
carry out a study regarding the suitability and feasibility of
establishing the Western Reserve Heritage Area in these
counties in Ohio.
(2) Contents.--The study shall include analysis and
documentation regarding whether the Study Area--
(A) has an assemblage of natural, historic, and
cultural resources that together represent distinctive
aspects of American heritage worthy of recognition,
conservation, interpretation, and continuing use, and
are best managed through partnerships among public and
private entities and by combining diverse and sometimes
noncontiguous resources and active communities;
(B) reflects traditions, customs, beliefs, and
folklife that are a valuable part of the national
story;
(C) provides outstanding opportunities to conserve
natural, historic, cultural, or scenic features;
(D) provides outstanding recreational and
educational opportunities;
(E) contains resources important to the identified
theme or themes of the Study Area that retain a degree
of integrity capable of supporting interpretation;
(F) includes residents, business interests,
nonprofit organizations, and local and State
governments that are involved in the planning, have
developed a conceptual financial plan that outlines the
roles for all participants, including the Federal
Government, and have demonstrated support for the
concept of a national heritage area;
(G) has a potential management entity to work in
partnership with residents, business interests,
nonprofit organizations, and local and State
governments to develop a national heritage area
consistent with continued local and State economic
activity;
(H) has a conceptual boundary map that is supported
by the public; and
(I) has potential or actual impact on private
property located within or abutting the Study Area.
(c) Boundaries of the Study Area.--The Study Area shall be
comprised of the counties of Trumbull, Mahoning, Ashtabula, Portage,
Geagua, Lake, Cuyahoga,
Summit, Medina, Huron, Lorain, Erie, Ottawa, and Ashland in Ohio.
Passed the House of Representatives March 14, 2005.
Attest:
JEFF TRANDAHL,
Clerk. | Western Reserve Heritage Areas Study Act - Requires the Secretary of the Interior, acting through the National Park Service Rivers, Trails, and Conservation Assistance Program, Midwest Region, to conduct a study regarding the suitability and feasibility of establishing the Western Reserve Heritage Area in the Ohio counties of Trumbull, Mahoning, Ashtabula, Portage, Geague, Lake, Cuyahoga, Summit, Medina, Huron, Lorain, Erie, Ottawa, and Ashland. | To authorize the Secretary of the Interior to conduct a study to determine the suitability and feasibility of establishing the Western Reserve Heritage Area. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Efficient Government
Technology Act''.
SEC. 2. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION AND
COMMUNICATIONS TECHNOLOGIES.
Section 543 of the National Energy Conservation Policy Act (42
U.S.C. 8253) is amended--
(1) by redesignating the second subsection (f) (relating to
large capital energy investments) as subsection (g); and
(2) by adding at the end the following:
``(h) Federal Implementation Strategy for Energy-Efficient and
Energy-Saving Information and Communications Technologies.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, each Federal agency shall
collaborate with the Director of the Office of Management and
Budget (referred to in this subsection as the `Director') to
develop an implementation strategy (including best-practices
and measurement and verification techniques) for the
maintenance, purchase, and use by the Federal agency of energy-
efficient and energy-saving information and communications
technologies and practices.
``(2) Content.--Each implementation strategy shall be
flexible, cost-effective, and based on the specific operating
requirements and statutory mission of the agency.
``(3) Administration.--In developing an implementation
strategy, each Federal agency shall--
``(A) consider information and communications
technologies (referred to in this subsection as `ICT')
and related infrastructure and practices, such as--
``(i) advanced metering infrastructure;
``(ii) ICT services and products;
``(iii) efficient data center strategies
and methods of increasing ICT asset and related
infrastructure utilization;
``(iv) ICT and related infrastructure power
management;
``(v) building information modeling,
including building energy management; and
``(vi) secure telework and travel
substitution tools; and
``(B) ensure that the agency realizes the savings
and rewards brought about through increased efficiency
and utilization.
``(4) Performance goals.--
``(A) In general.--Not later than 180 days after
the date of enactment of this subsection, the Director,
in consultation with the Secretary, shall establish
performance goals for evaluating the efforts of Federal
agencies in improving the maintenance, purchase, and
use of energy-efficient and energy-saving information
and communications technology systems and practices.
``(B) Energy efficient data centers.--The Director
shall include within the performance goals established
under this paragraph--
``(i) specifications and benchmarks that
will enable Federal data center operators to
make more informed decisions about the energy
efficiency and cost savings of data centers,
including an overall Federal target for
increased energy efficiency, with initial
reliance on the Power Usage Effectiveness
metric;
``(ii) overall asset utilization; and
``(iii) recommendations and best practices
for how the benchmarks will be attained, with
the recommendations to include a requirement
for agencies to evaluate the use of energy
savings performance contracting and utility
energy services contracting as preferred
acquisition methods.
``(C) Administration.--The performance goals
established under this paragraph shall--
``(i) measure information technology costs
over a specific time period of 3 to 5 years;
``(ii) measure cost savings attained via
the use of energy-efficient and energy-saving
information and communications solutions during
the same time period; and
``(iii) provide, to the maximum extent
practicable, a complete picture of all costs
and savings, including energy costs and
savings.
``(5) Federal data centers task force.--
``(A) In general.--The Director shall maintain a
Governmentwide Data Center Task Force comprised of
Federal data center program managers, facilities
managers, and sustainability officers.
``(B) Duties.--The members of the task force
shall--
``(i) be responsible for working together
to share progress toward individual agency
goals and the overall Federal target for
increased energy efficiency; and
``(ii) regularly exchange best practices
and other strategic information related to
energy efficiency with the private sector.
``(6) Reports.--
``(A) Agency reports.--Each Federal agency subject
to the requirements of this subsection shall include in
the report of the agency under section 527 of the
Energy Independence and Security Act of 2007 (42 U.S.C.
17143) a description of the efforts and results of the
agency under this subsection.
``(B) OMB government efficiency reports and
scorecards.--Effective beginning not later than October
1, 2013, the Director shall include in the annual
report and scorecard of the Director required under
section 528 of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17144) a description of the efforts
and results of Federal agencies under this
subsection.''.
SEC. 3. ENERGY EFFICIENT DATA CENTERS.
Section 453 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17112) is amended--
(1) in subsection (c), by striking paragraph (1) and
inserting the following:
``(1) In general.--Not later than 30 days after the date of
enactment of the Energy Efficient Government Technology Act,
the Secretary and the Administrator shall--
``(A) designate an established information
technology industry organization to coordinate the
program described in subsection (b); and
``(B) make the designation public, including on an
appropriate website.'';
(2) by striking subsections (e) and (f) and inserting the
following:
``(e) Study.--The Secretary, with assistance from the
Administrator, shall--
``(1) not later than December 31, 2013, make available to
the public an update to the Report to Congress on Server and
Data Center Energy Efficiency published on August 2, 2007,
under section 1 of Public Law 109-431 (120 Stat. 2920), that
provides--
``(A) a comparison and gap analysis of the
estimates and projections contained in the original
report with new data regarding the period from 2007
through 2012;
``(B) an analysis considering the impact of
information and communications technologies asset and
related infrastructure utilization solutions, to
include virtualization and cloud computing-based
solutions, in the public and private sectors; and
``(C) updated projections and recommendations for
best practices; and
``(2) collaborate with the organization designated under
subsection (c) in preparing the report.
``(f) Data Center Energy Practitioner Program.--
``(1) In general.--The Secretary, in collaboration with the
organization designated under subsection (c) and the Federal
Chief Information Officer, shall maintain a data center energy
practitioner program that leads to the certification of energy
practitioners qualified to evaluate the energy usage and
efficiency opportunities in data centers.
``(2) Evaluations.--Each Federal agency shall have the data
centers of the agency evaluated every 4 years by energy
practitioners certified pursuant to the program, whenever
practicable using certified practitioners employed by the
agency.'';
(3) by redesignating subsection (g) as subsection (j); and
(4) by inserting after subsection (f) the following:
``(g) Open Data Initiative.--
``(1) In general.--The Secretary, in collaboration with the
organization designated under subsection (c) and the Federal
Chief Information Officer, shall establish an open data
initiative for Federal data center energy usage data, with the
purpose of making the data available and accessible in a manner
that empowers further data center innovation while protecting
United States national security interests.
``(2) Administration.--In establishing the initiative, the
Secretary shall consider use of the online Data Center Maturity
Model.
``(h) International Specifications and Metrics.--The Secretary, in
collaboration with the organization designated under subsection (c),
shall actively participate in efforts to harmonize global
specifications and metrics for data center energy efficiency.
``(i) ICT Asset Utilization Metric.--The Secretary, in
collaboration with the organization designated under subsection (c),
shall assist in the development of an efficiency metric that measures
the energy efficiency of the overall data center, including information
and communications technology systems and related infrastructure.''. | Energy Efficient Government Technology Act - Amends the National Energy Conservation Policy Act, with respect to federal agency energy management, to require each agency to collaborate with the Director of the Office of the Management and Budget (OMB) to develop an implementation strategy for the maintenance, purchase, and use of energy-efficient and energy-saving information and communications technologies (ICT) and practices that is based on the agency's operating requirements and statutory mission. Includes as part of such a strategy consideration of ICT and related infrastructure and practices. Requires the OMB Director to: (1) establish performance goals for evaluating the efforts of agencies in improving such technology systems and practices; and (2) maintain a data centers task force responsible for sharing progress toward individual agency goals and the overall target for increased energy efficiency, including through exchanges of best practices and energy efficiency information with the private sector. Sets forth reporting requirements. Amends the Energy Independence and Security Act of 2007, with respect to data center energy efficiency, to require: publication of the designation of the information technology industry organization that coordinates the voluntary national information program for such centers; updating and publication of a report on server and data center efficiency, including an analysis of the impact of ICT asset and related infrastructure utilization solutions; maintenance of a data center energy practitioner program that leads to the certification of practitioners qualified to evaluate energy usage and efficiency opportunities; evaluation of agency data centers every four years by such certified energy practitioners employed by the agency; establishment of an open data initiative for federal data center usage data; consideration of the online Data Center Maturity Model in establishing the initiative; active participation by the Secretary of Energy (DOE) in efforts to harmonize global specifications and metrics for data center energy efficiency; and assistance by the Secretary in the development of an efficiency metric that measures the energy efficiency of the overall data center. | Energy Efficient Government Technology Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Teen and Novice Driver Uniform
Protection Act of 2011'' or the ``STANDUP Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The National Highway Traffic Safety Administration has
reported that--
(A) motor vehicle crashes are the leading cause of
death of Americans between 15 and 20 years of age;
(B) between 1999 and 2009, more than 90,000
Americans were killed in motor vehicle crashes
involving drivers between 15 and 20 years of age, an
average of 155 deaths per week;
(C) drivers between 16 and 20 years of age have a
fatality rate that is 4 times higher than the rate for
drivers between 25 and 70 years of age; and
(D) teenage drivers who are 16 years of age have a
motor vehicle crash rate that is almost 10 times higher
than the crash rate for drivers between 30 and 60 years
of age.
(2) The National Transportation Safety Board found that
during the most recent 10-year period--
(A) teen drivers comprised less than 7 percent of
the driving population and accounted for more than 13
percent of drivers involved in all deadly crashes; and
(B) more than 20 percent of all highway fatalities
occurred in crashes that involved teen drivers.
(3) Analysis by the Children's Hospital of Philadelphia
Research Institute shows that--
(A) teenage drivers comprise approximately 40
percent of the fatalities in motor vehicle crashes in
which they are involved; and
(B) the other 60 percent of the fatalities in those
crashes are--
(i) passengers who were riding in the
vehicle with the teen driver;
(ii) drivers and passengers in other
vehicles involved in a crash with the teen
driver's vehicle; and
(iii) pedestrians.
(4) According to the Insurance Institute for Highway
Safety--
(A) the chance that a vehicle driven by a 16- or
17-year-old will be involved in an accident--
(i) doubles when there are 2 other teens in
the vehicle; and
(ii) quadruples when there are 4 teens in
the vehicle;
(B) States with strong nighttime driving
restrictions experience lower fatal crash rates among
drivers ages 15 to 17 years old; and
(C) a higher age requirement for licensing teen
drivers is correlated with a lower number of fatal
crashes per capita.
(5) The National Highway Traffic Safety Administration has
found that distraction caused by cellular phones is significant
enough to degrade driver performance, and is particularly
dangerous for inexperienced drivers between 15 and 20 years of
age.
(6) That National Transportation Safety Board has found
that although only 20 percent of driving by teenage drivers
occurs at night, more than 50 percent of the motor vehicle
crash fatalities involving teenage drivers occur at night.
(7) According to a 2007 report from the Texas
Transportation Institute at Texas A&M University--
(A) teenage drivers in rural areas are less likely
to be aware of the risks and dangers associated with
driving, placing them at higher risk of involvement in
crashes;
(B) teen drivers are more likely than other
drivers--
(i) to drive with other teenage passengers;
(ii) to drive late at night;
(iii) to exceed the speed limit;
(iv) to use cell phones while driving; and
(v) to fail to use seat belts while
driving.
(8) The National Highway Traffic Safety Administration
reports that although 23 percent of the population of the
United States lives in rural areas, 57 percent of all traffic
fatalities occur on rural roads, underscoring the elevated
crash risk for teen drivers in rural areas.
(9) The American Academy of Pediatrics has found evidence
that the area of the brain responsible for planning, impulse
control, and executive decisionmaking does not fully mature
until a person is between 20 and 25 years of age, placing teen
drivers at greater risk of being involved in an accident.
(10) The Journal of the American Medical Association
reports that after Michigan and North Carolina adopted
comprehensive graduated driver licensing systems in 1997,
crashes involving 16-year-old drivers decreased by 25 percent
in Michigan and by 27 percent in North Carolina.
(11) According to the Office of the Illinois Secretary of
State, teen driving deaths dropped by over 40 percent in
Illinois in the first full year following the 2007
implementation of a stronger graduated driver licensing law.
(12) The National Transportation Safety Board reports that
over 40 States and the District of Columbia have implemented
some type of 3-stage graduated driver licensing system.
However, most States have not yet enacted all of the lifesaving
safety features of graduated driver licensing laws recommended
by the National Transportation Safety Board and supported by
research to protect the lives of teenage and novice drivers.
(13) A 2010 national survey by the Insurance Institute of
Highway Safety indicates that--
(A) parents of teens favor graduated driver
licensing laws that are as strict or stricter than
those that currently exist in any State;
(B) \2/3\ of parents of teens believe that young
drivers should begin learning to drive at 16 years of
age or older;
(C) more than \1/2\ of parents of teens believe
that the minimum licensing age should be 17 years of
age or older;
(D) 90 percent of parents of teens support a
restriction on unsupervised nighttime driving;
(E) more than 75 percent of parents of teens
believe that the restriction on unsupervised nighttime
driving should begin at 10 p.m. or earlier;
(F) 89 percent of parents of teens support
restrictions on teen passengers; and
(G) more than 75 percent of parents of teens
believe that teen drivers should not be permitted to
more than 1 teen passenger in their vehicle.
SEC. 3. STATE GRADUATED DRIVER LICENSING LAWS.
(a) Minimum Requirements.--
(1) In general.--A State is in compliance with this section
if the State has a graduated driver licensing law that requires
novice drivers younger than 21 years of age to comply with the
2-stage licensing process described in paragraph (2) before
receiving an unrestricted driver's license.
(2) Licensing process.--A State is in compliance with the
2-stage licensing process described in this paragraph if the
State's driver's license laws include--
(A) a learner's permit stage that--
(i) commences at 16 years of age or older;
(ii) is at least 6 months in duration;
(iii) prohibits the driver from using a
cellular telephone or any communications device
in a nonemergency situation; and
(iv) remains in effect until--
(I) the commencement of the
intermediate stage; or
(II) the driver reaches 18 years of
age;
(B) an intermediate stage that--
(i) commences immediately after the
expiration of the learner's permit stage;
(ii) is at least 6 months in duration;
(iii) prohibits the driver from using a
cellular telephone or any communications device
in a nonemergency situation;
(iv) prohibits driving at night;
(v) prohibits the driver from operating a
motor vehicle with more than 1 non-familial
passenger younger than 21 years of age unless a
licensed driver who is at least 21 years of age
is in the motor vehicle; and
(vi) remains in effect until the driver
reaches 18 years of age; and
(C) any other requirement that the Secretary of
Transportation may require, including--
(i) in the learner's permit stage--
(I) at least 40 hours of behind-
the-wheel training with a licensed
driver who is at least 21 years of age;
(II) a driver training course; and
(III) a requirement that any such
driver be accompanied and supervised by
a licensed driver who is at least 21
years of age at all times while such
driver is operating a motor vehicle;
and
(ii) in the learner's permit or
intermediate stage, a requirement that, in
addition to any other penalties imposed by
State law, the grant of an unrestricted
driver's license be automatically delayed for
any individual who, during the learner's permit
or intermediate stage, is convicted of a
driving-related offense, such as--
(I) driving while intoxicated;
(II) misrepresentation of his or
her true age;
(III) reckless driving;
(IV) driving without wearing a seat
belt;
(V) speeding; or
(VI) any other driving-related
offense, as determined by the
Secretary.
(b) Rulemaking.--
(1) In general.--The Secretary of Transportation shall
promulgate regulations necessary to implement this section in
accordance with the notice and comment provisions under section
553 of title 5, United States.
(2) Exception.--A State that otherwise meets the minimum
requirements set forth in subsection (a) shall be deemed by the
Secretary to be in compliance with this section regardless of
whether a State law, which was enacted by the State before
January 1, 2011, establishes a class of license that permits
licensees younger than 18 years of age to drive a motor vehicle
in connection with work performed on or for the operation of a
farm owned by family members who are directly related to the
licensees.
SEC. 4. INCENTIVE GRANTS.
(a) In General.--For each of the first 3 fiscal years beginning
after the date of enactment of this Act, the Secretary of
Transportation shall award a grant to any State that submits an
application under subsection (b) if that State is in compliance with
section 3(a) on or before the first day of that fiscal year.
(b) Application.--
(1) In general.--Any State desiring a grant under this
section shall submit an application to the Secretary of
Transportation at such time, in such manner, and containing
such information as the Secretary may require, including a
certification by the Governor of the State that the State is in
compliance with section 3(a).
(2) Review.--The Secretary shall review each State
application and determine whether or not the State is in
compliance with section 3(a).
(c) Grants.--Amounts appropriated to carry out this section for
each fiscal year shall be apportioned to each State that is in
compliance with section 3(a) in an amount determined by multiplying--
(1) the amount appropriated to carry out this section for
such fiscal year; by
(2) the ratio that the amount of funds apportioned to each
such State for such fiscal year under section 402 of title 23,
United States Code, bears to the total amount of funds
apportioned to all such States for such fiscal year under such
section.
(d) Use of Funds.--Amounts received by a State from a grant awarded
under this section may be used for--
(1) enforcing a 2-stage licensing process that complies
with section 3(a)(2);
(2) training for law enforcement personnel and other
relevant State agency personnel relating to the enforcement
described in paragraph (1);
(3) publishing relevant educational materials that pertain
directly or indirectly to the State graduated driver licensing
law; and
(4) carrying out other administrative activities that the
Secretary considers relevant to the State's 2-stage licensing
process.
(e) Authorization of Appropriations.--There is authorized to be
appropriated $25,000,000, out of the Highway Trust Fund (other than the
Mass Transit Account), to carry out this section during each fiscal
year described in subsection (a).
SEC. 5. WITHHOLDING OF FUNDS FOR NONCOMPLIANCE.
(a) In General.--
(1) Fourth fiscal year.--On the first day of the fourth
fiscal year beginning after the date of the enactment of this
Act, the Secretary shall withhold 3 percent of the amount
otherwise required to be apportioned to any State for such
fiscal year under each of the paragraphs (1), (3), and (4) of
section 104(b) of title 23, United States Code, if the State is
not in compliance with section 3(a) on the first day of such
fiscal year.
(2) Fifth fiscal year.--On the first day of the fifth
fiscal year beginning after the date of the enactment of this
Act, the Secretary shall withhold 5 percent of the amount
otherwise required to be apportioned to any State for such
fiscal year under each of the paragraphs (1), (3), and (4) of
section 104(b) of title 23, United States Code, if that State
is not in compliance with section 3(a) on the first day of such
fiscal year.
(3) Sixth and subsequent fiscal years.--On the first day of
each fiscal year after the fifth fiscal year beginning after
the date of the enactment of this Act, the Secretary shall
withhold 10 percent of the amount otherwise required to be
apportioned to any State for such fiscal year under each of the
paragraphs (1), (3), and (4) of section 104(b) of title 23,
United States Code, if that State is not in compliance with
section 3(a) on the first day of such fiscal year.
(b) Period of Availability of Withheld Funds.--
(1) Funds withheld before the end of the sixth fiscal
year.--Any amount withheld from any State under subsection (a)
on or before the last day of the sixth fiscal year beginning
after the date of the enactment of this Act, shall remain
available for distribution to the State under subsection (c)
until the end of the third fiscal year following the fiscal
year for which such amount is appropriated.
(2) Funds withheld after the sixth fiscal year.--Any amount
withheld under subsection (a)(2) from any State after the end
of the sixth fiscal year beginning after the date of the
enactment of this Act, may not be distributed to the State.
(c) Apportionment of Withheld Funds After Compliance.--
(1) In general.--If, before the last day of the period for
which funds withheld under subsection (a) remain available to a
State under subsection (b), the State comes into compliance
with section 3(a), the Secretary of Transportation shall, on
the first day on which the Secretary determines the State has
come into compliance, distribute to the State any amounts
withheld under subsection (a) that remains available for
apportionment to the State.
(2) Period of availability of subsequently apportioned
funds.--Any amount distributed under paragraph (1) shall remain
available for expenditure by the State until the end of the
third fiscal year following the year for which the funds are so
apportioned. Any amount not expended by the State by the end of
such period shall revert back to the Treasury of the United
States.
(3) Effect of noncompliance.--If a State is not in
compliance with section 3(a) at the end of the period for which
any amount withheld under subsection (a) remains available for
distribution to the State under subsection (b), such amount
shall revert back to the Treasury of the United States. | Safe Teen and Novice Driver Uniform Protection Act of 2011 or STANDUP Act - Authorizes the Secretary of Transportation to award incentive grants to states with graduated driver licensing laws that require novice drivers younger than age 21 to comply with a two-stage licensing process before receiving an unrestricted driver's license.
Requires such laws, at a minimum, to include: (1) a learner's permit stage that commences at age 16 or older, lasts at least six months, prohibits driver use of a cellular phone or other communications device in nonemergency situations, and remains in effect until commencement of the intermediate stage or the driver attains age 18; (2) an intermediate stage in effect until the driver attains age 18 that commences immediately after expiration of the learner's permit stage, lasts at least six months, prohibits driver use of a cellular phone or other communications device in nonemergency situations, prohibits nighttime driving, prohibits more than one non-familial passenger under age 21 unless there is a licensed driver at least age 21 present in the vehicle; and (3) any other requirement that the Secretary may require.
Deems a state that meets such minimum requirements to be in compliance regardless of whether a state law, enacted before January 1, 2011, establishes a class of license that permits licensees younger than age 18 to drive a motor vehicle in connection with work performed on or for the operation of a farm owned by family members of the licensees.
Directs the Secretary to withhold a certain percentage of federal-aid highway funds from states that do not comply with the requirements of this Act. | A bill to provide driver safety grants to States with graduated driver licensing laws that meet certain minimum requirements. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Clinical Care Commission
Act''.
SEC. 2. NATIONAL CLINICAL CARE COMMISSION.
(a) Establishment.--There is hereby established, within the
Department of Health and Human Services, a National Clinical Care
Commission (in this section referred to as the ``Commission'') to
evaluate and make recommendations regarding improvements to the
coordination and leveraging of programs within the Department and other
Federal agencies related to awareness and clinical care for at least
one, but not more than two, complex metabolic or autoimmune diseases
resulting from issues related to insulin that represent a significant
disease burden in the United States, which may include complications
due to such diseases.
(b) Membership.--
(1) In general.--The Commission shall be composed of the
following voting members:
(A) The heads of the following Federal agencies and
departments, or their designees:
(i) The Centers for Medicare & Medicaid Services.
(ii) The Agency for Healthcare Research and Quality.
(iii) The Centers for Disease Control and Prevention.
(iv) The Indian Health Service.
(v) The Department of Veterans Affairs.
(vi) The National Institutes of Health.
(vii) The Food and Drug Administration.
(viii) The Health Resources and Services
Administration.
(ix) The Department of Defense.
(x) The Department of Agriculture.
(xi) The Office of Minority Health.
(B) Twelve additional voting members appointed under
paragraph (2).
(2) Additional members.--The Commission shall include
additional voting members, as may be appointed by the Secretary,
with expertise in the prevention, care, and epidemiology of any of
the diseases and complications described in subsection (a),
including one or more such members from each of the following
categories:
(A) Physician specialties, including clinical
endocrinologists, that play a role in the prevention or
treatment of diseases and complications described in subsection
(a).
(B) Primary care physicians.
(C) Non-physician health care professionals.
(D) Patient advocates.
(E) National experts, including public health experts, in
the duties listed under subsection (c).
(F) Health care providers furnishing services to a patient
population that consists of a high percentage (as specified by
the Secretary) of individuals who are enrolled in a State plan
under title XIX of the Social Security Act or who are not
covered under a health plan or health insurance coverage.
(3) Chairperson.--The members of the Commission shall select a
chairperson from the members appointed under paragraph (2).
(4) Meetings.--The Commission shall meet at least twice, and
not more than four times, a year.
(5) Vacancies.--A vacancy on the Commission shall be filled in
the same manner as the original appointments.
(c) Duties.--The Commission shall evaluate and make
recommendations, as appropriate, to the Secretary of Health and Human
Services and Congress regarding--
(1) Federal programs of the Department of Health and Human
Services that focus on preventing and reducing the incidence of the
diseases and complications described in subsection (a);
(2) current activities and gaps in Federal efforts to support
clinicians in providing integrated, high-quality care to
individuals with the diseases and complications described in
subsection (a);
(3) the improvement in, and improved coordination of, Federal
education and awareness activities related to the prevention and
treatment of the diseases and complications described in subsection
(a), which may include the utilization of new and existing
technologies;
(4) methods for outreach and dissemination of education and
awareness materials that--
(A) address the diseases and complications described in
subsection (a);
(B) are funded by the Federal Government; and
(C) are intended for health care professionals and the
public; and
(5) whether there are opportunities for consolidation of
inappropriately overlapping or duplicative Federal programs related
to the diseases and complications described in subsection (a).
(d) Operating Plan.--Not later than 90 days after its first
meeting, the Commission shall submit to the Secretary of Health and
Human Services and the Congress an operating plan for carrying out the
activities of the Commission as described in subsection (c). Such
operating plan may include--
(1) a list of specific activities that the Commission plans to
conduct for purposes of carrying out the duties described in each
of the paragraphs in subsection (c);
(2) a plan for completing the activities;
(3) a list of members of the Commission and other individuals
who are not members of the Commission who will need to be involved
to conduct such activities;
(4) an explanation of Federal agency involvement and
coordination needed to conduct such activities;
(5) a budget for conducting such activities; and
(6) other information that the Commission deems appropriate.
(e) Final Report.--By not later than 3 years after the date of the
Commission's first meeting, the Commission shall submit to the
Secretary of Health and Human Services and the Congress a final report
containing all of the findings and recommendations required by this
section.
(f) Sunset.--The Commission shall terminate 60 days after
submitting its final report, but not later than the end of fiscal year
2021.
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 September 6, 2017. National Clinical Care Commission Act (Sec. 2) This bill establishes within the Department of Health and Human Services (HHS) a National Clinical Care Commission to evaluate and make recommendations regarding improvements to the coordination and leveraging of federal programs related to complex metabolic or autoimmune diseases that result from issues related to insulin and represent a significant disease burden (e.g., diabetes). The commission must report on: (1) HHS programs that focus on prevention, (2) current activities and gaps in federal efforts to support clinicians in providing integrated care, (3) improvement in federal education and awareness activities related to prevention and treatment, (4) methods for outreach and dissemination of education and awareness materials, and (5) opportunities for consolidation of overlapping federal programs. The commission must submit an operating plan to HHS and Congress within 90 days of its first meeting. The commission is terminated after it submits a final report, but not later than the end of FY2021. | National Clinical Care Commission Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Genetically Engineered Food Right-
to-Know Act''.
SEC. 2. PURPOSE AND FINDINGS.
(a) Purpose.--The purpose of this Act is to establish a consistent
and enforceable standard for labeling of foods produced using genetic
engineering, including fish, thereby providing consumers with knowledge
of how their food is produced.
(b) Findings.--Congress finds that--
(1) the process of genetically engineering food organisms
results in material changes to food derived from those
organisms;
(2) the Food and Drug Administration requires the labeling
of more than 3,000 ingredients, additives, and processes;
(3) individuals in the United States have a right to know
if their food was produced with genetic engineering for a
variety of reasons, including health, economic, environmental,
religious, and ethical;
(4) more than 60 countries, including the United Kingdom
and all other countries of the European Union, South Korea,
Japan, Brazil, Australia, India, China, and other key United
States trading partners have laws or regulations mandating
disclosure of genetically engineered food on food labels;
(5) in 2011, Codex Alimentarius, the food standards
organization of the United Nations, adopted a text that
indicates that governments can decide on whether and how to
label foods produced with genetic engineering; and
(6) mandatory identification of food produced with genetic
engineering can be a critical method of preserving the economic
value of exports or domestically sensitive markets with
labeling requirements for genetically engineered foods.
SEC. 3. AMENDMENTS TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT.
(a) In General.--Section 403 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the
following:
``(z)(1) If it is a food that has been genetically engineered or
contains 1 or more genetically engineered ingredients, unless such
information is clearly disclosed, as determined by the Secretary.
``(2) This paragraph does not apply to food that--
``(A) is served in restaurants or other similar eating
establishments, such as cafeterias and carryouts;
``(B) is a medical food (as defined in section 5(b) of the
Orphan Drug Act);
``(C) is a food that would be subject to this paragraph
solely because it was produced using a genetically engineered
vaccine; or
``(D) is a food or processed food that would be subject to
this paragraph solely because it includes the use of a
genetically engineered processing aid (including yeast) or
enzyme.
``(3) In this paragraph:
``(A) The term `genetic engineering' means a process
involving the application of--
``(i) in vitro nucleic acid techniques, including
recombinant deoxyribonucleic acid (DNA) and direct
injection of nucleic acid into cells or organelles; or
``(ii) fusion of cells beyond the taxonomic family
that--
``(I) overcome natural physiological
reproductive or recombinant barriers; and
``(II) are not techniques used in
traditional breeding and selection.
``(B) The term `genetically engineered', used with respect
to a food, means a material intended for human consumption that
is--
``(i) an organism that is produced through the
intentional use of genetic engineering; or
``(ii) the progeny of intended sexual or asexual
reproduction (or both) of 1 or more organisms that is
the product of genetic engineering.
``(C) The term `genetically engineered ingredient' means a
material that is an ingredient in a food that is derived from
any part of an organism that has been genetically engineered,
without regard to whether--
``(i) the altered molecular or cellular
characteristics of the organism are detectable in the
material; and
``(ii) the organism is capable for use as human
food.''.
(b) Guaranty.--
(1) In general.--Section 303(d) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 333(d)) is amended--
(A) by striking ``(d)'' and inserting ``(d)(1)'';
and
(B) by adding at the end the following:
``(2)(A) No person shall be subject to the penalties of
subsection (a)(1) for a violation of subsection (a), (b), or
(c) of section 301 involving food that is misbranded within the
meaning of section 403(z) if such person (referred to in this
paragraph as the `recipient') establishes a guaranty or
undertaking that--
``(i) is signed by, and contains the name and
address of, a person residing in the United States from
whom the recipient received in good faith the food
(including the receipt of seeds to grow raw
agricultural commodities); and
``(ii) contains a statement to the effect that the
food is not genetically engineered or does not contain
a genetically engineered ingredient.
``(B) In the case of a recipient who, with respect to a
food, establishes a guaranty or undertaking in accordance with
subparagraph (A), the exclusion under such subparagraph from
being subject to penalties applies to the recipient without
regard to the manner in which the recipient uses the food,
including whether the recipient is--
``(i) processing the food;
``(ii) using the food as an ingredient in a food
product;
``(iii) repacking the food; or
``(iv) growing, raising, or otherwise producing the
food.
``(C) No person may avoid responsibility or liability for a
violation of subsection (a), (b), or (c) of section 301
involving food that is misbranded within the meaning of section
403(z) by entering into a contract or other agreement that
specifies that another person shall bear such responsibility or
liability, except that a recipient may require a guaranty or
undertaking as described in this subsection.
``(D) In this subsection, the terms `genetically
engineered' and `genetically engineered ingredient' have the
meanings given the terms in section 403(z).''.
(2) False guaranty.--Section 301(h) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 331(h)) is amended by
inserting ``or 303(d)(2)'' after ``section 303(c)(2)''.
(c) Unintended Contamination.--Section 303(d) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 333(d)), as amended by subsection
(b), is further amended by adding at the end the following:
``(3)(A) No person shall be subject to the penalties of
subsection (a)(1) for a violation of subsection (a), (b), or
(c) of section 301 involving food that is misbranded within the
meaning of section 403(z) if--
``(i) such person is an agricultural producer and
the violation occurs because food that is grown,
raised, or otherwise produced by such producer, which
food does not contain a genetically engineered material
and was not produced with a genetically engineered
material, is contaminated with a food that contains a
genetically engineered material or was produced with a
genetically engineered material; and
``(ii) such contamination is not intended by the
agricultural producer.
``(B) Subparagraph (A) does not apply to an agricultural
producer to the extent that the contamination occurs as a
result of the negligence of the producer.''.
(d) Promulgation of Regulations.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall promulgate proposed
regulations establishing labeling requirements for compliance in
accordance with section 403(z) of the Federal Food, Drug, and Cosmetic
Act, as added by subsection (a). | Genetically Engineered Food Right-to-Know Act - Amends the Federal Food, Drug, and Cosmetic Act to deem misbranded any food that has been genetically engineered or contains one or more genetically engineered ingredients, unless such information is clearly disclosed. Exempts from this requirement any food that: (1) is served in restaurants or other similar eating establishments, (2) is a medical food, (3) would be subject to such requirement solely because it was produced using a genetically engineered vaccine, or (4) would be subject to such requirement solely because it includes the use of a genetically engineered processing aid (including yeast) or enzyme. Defines "genetically engineered" as a material intended for human consumption that is: (1) an organism produced through the intentional use of genetic engineering, or (2) the progeny of intended sexual or asexual reproduction (or both) of one or more organisms that is the product of genetic engineering. Defines "genetically engineered ingredient" as an ingredient in a food that is derived from any part of an organism that has been genetically engineered, without regard to whether: (1) the altered molecular or cellular characteristics of the organism are detectable in the material, and (2) the organism is capable for use as human food. Excludes from penalties for misbranding of genetically engineered food or ingredients any recipient that establishes a guaranty or undertaking that: (1) is signed by, and contains the name and address of, a person residing in the United States from whom the recipient received the food in good faith (including the receipt of seeds to grow raw agricultural commodities); and (2) contains a statement to the effect that the food is not genetically engineered or does not contain a genetically engineered ingredient. Applies this exclusion from penalties without regard to the manner in which the recipient uses the food. Excludes an agricultural producer also from such penalties when a violation occurs because food the producer has grown, raised, or otherwise produced, which neither contains nor was produced with a genetically engineered material, is subsequently contaminated with a food that does contain or was produced with a genetically engineered material, and the agricultural producer has not intended any such contamination nor was negligent in the matter. | Genetically Engineered Food Right-to-Know Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Payment Update for
Certified Nurse-Midwives Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Medicare covers approximately 2 million women with
disabilities that are of childbearing age.
(2) Women with disabilities give birth to 50,000 children
annually.
(3) The Agency for Healthcare Policy and Research reports
that these women are without appropriate access to primary care
services.
(4) Their average time between gynecological visits was 10-
12 years.
(5) They were less likely to have received a recent
mammogram.
(6) The medicare program reimburses Certified Nurse
Midwives (CNMs) at 65 percent of the physician fee schedule, on
average, only $14 per annual exam.
(7) CNMs who serve these women are forced to subsidize care
with their own money or turn away patients because they cannot
afford to operate at a financial loss.
(8) Professional liability premiums for CNMs are
skyrocketing, leaving no monies to subsidize care.
(9) CNMs are forced to leave the marketplace as other
public and private payers adopt Medicare payment policies.
(10) Midwives are highly educated and available to serve
this special population.
SEC. 3. MEDICARE PAYMENT FOR CERTIFIED NURSE-MIDWIFE AND MIDWIFE
SERVICES.
(a) Certified Midwife, Certified Midwife Services Defined.--(1)
Section 1861(gg) of the Social Security Act (42 U.S.C. 1395x(gg)) is
amended by adding at the end the following new paragraphs:
``(3) The term `certified midwife services' means such services
furnished by a certified midwife (as defined in paragraph (4)) and such
services and supplies furnished as an incident to the certified
midwife's service which the certified midwife is legally authorized to
perform under State law (or the State regulatory mechanism provided by
State law) as would otherwise be payable under this title if furnished
by a physician or as an incident to a physician's service.
``(4) The term `certified midwife' means an individual who has
successfully completed a bachelor's degree from an accredited
educational institution and a program of study and clinical experience
meeting guidelines prescribed by the Secretary, or has been certified
by an organization recognized by the Secretary.''.
(2) The heading in section 1861(gg) of such Act (42 U.S.C.
1395x(gg)) is amended to read as follows:
``Certified Nurse-Midwife Services; Certified Midwife Services''.
(b) Certified Midwife Service Benefit.--
(1) Medical and other services.--Section 1861(s)(2)(L) of
such Act (42 U.S.C. 1395x(s)(2)(L)) is amended by inserting
``and certified midwife services'' before the semicolon.
(2) Payment to hospital for patients under care of
certified nurse-midwife or certified midwife.--Section
1861(e)(4) of such Act (42 U.S.C. 1395x(e)(4)) is amended--
(A) by inserting ``(i)'' after ``except that''; and
(B) by inserting before the semicolon the
following: ``and (ii) a patient receiving certified
nurse-midwife services or certified midwife services
(as defined in paragraphs (1) and (3), respectively, of
subsection (gg)) may be under the care of a certified
nurse-midwife or certified midwife with respect to such
services to the extent permitted under State law''.
(3) Inpatient hospital service at teaching hospitals.--
Section 1861(b) of such Act (42 U.S.C. 1395x(b)) is amended--
(A) in paragraph (4), by inserting ``certified
midwife services,'' after ``certified nurse-midwife
services,'';
(B) in paragraph (6), by striking ``; or'' and
inserting ``or in the case of services in a hospital or
osteopathic hospital by an intern or resident-in-
training in the field of obstetrics and gynecology,
nothing in this paragraph shall be construed to
preclude a certified nurse-midwife or certified midwife
(as defined in paragraphs (1) and (3), respectively, of
subsection (gg)) from teaching or supervising such
intern or resident-in-training, to the extent permitted
under State law and as may be authorized by the
hospital; or'';
(C) in paragraph (7), by striking the period at the
end and inserting ``; or''; and
(D) by adding at the end the following new
paragraph:
``(8) a certified nurse-midwife or a certified midwife
where the hospital has a teaching program approved as specified
in paragraph (6), if (A) the hospital elects to receive any
payment due under this title for reasonable costs of such
services, and (B) all certified nurse-midwives or certified
midwives in such hospital agree not to bill charges for
professional services rendered in such hospital to individuals
covered under the insurance program established by this
title.''.
(4) Benefit under part b.--Section 1832(a)(2)(B)(iii) of
such Act (42 U.S.C. 1395k(a)(2)(B)(iii)) is amended--
(A) by inserting ``(I)'' after ``(iii)'',
(B) by inserting ``certified midwife services,''
after ``certified nurse-midwife services,'', and
(C) by adding at the end the following new
subclause:
``(II) in the case of certified
nurse-midwife services or certified
midwife services furnished in a
hospital which has a teaching program
described in clause (i)(II), such
services may be furnished as provided
under section 1842(b)(7)(E) and section
1861(b)(8);''.
(5) Amount of payment.--Section 1833(a)(1)(K) of such Act
(42 U.S.C. 1395l(a)(1)(K)) is amended--
(A) by inserting ``and certified midwife services''
after ``certified nurse-midwife services'', and
(B) by striking ``65 percent'' each place it
appears and inserting ``95 percent''.
(6) Assignment of payment.--The first sentence of section
1842(b)(6) of such Act (42 U.S.C. 1395u(b)(6)) is amended--
(A) by striking ``and (F)'' and inserting ``(F)'';
and
(B) by inserting before the period the following:
``, and (G) in the case of certified nurse-midwife
services or certified midwife services under section
1861(s)(2)(L), payment may be made in accordance with
subparagraph (A), except that payment may also be made
to such person or entity (or the agent of such person
or entity) as the certified nurse-midwife or certified
midwife may designate under an agreement between the
certified nurse-midwife or certified midwife and such
person or entity (or the agent of such person or
entity)''.
(7) Clarification regarding payments under part b for such
services furnished in teaching hospitals.--(A) Section
1842(b)(7) of such Act (42 U.S.C. 1395u(b)(7)) is amended--
(i) in subparagraphs (A) and (C), by inserting
``or, for purposes of subparagraph (E), the conditions
described in section 1861(b)(8),'' after ``section
1861(b)(7),''; and
(ii) by adding at the end the following new
subparagraph:
``(E) In the case of certified nurse-midwife
services or certified midwife services furnished to a
patient in a hospital with a teaching program approved
as specified in section 1861(b)(6) but which does not
meet the conditions described in section 1861(b)(8),
the provisions of subparagraphs (A) through (C) shall
apply with respect to a certified nurse-midwife or a
certified midwife respectively under this subparagraph
as they apply to a physician under subparagraphs (A)
through (C).''.
(B) Not later than 180 days after the date of the enactment
of this Act, the Secretary of Health and Human Services shall
prescribe regulations to carry out the amendments made by
subparagraph (A).
SEC. 4. INTERIM, FINAL REGULATIONS.
Except as provided in section 3(b)(7)(B), in order to carry out the
amendments made by this Act in a timely manner, the Secretary of Health
and Human Services may first promulgate regulations, that take effect
on an interim basis, after notice and pending opportunity for public
comment, by not later than 6 months after the date of the enactment of
this Act. | Medicare Payment Update for Certified Nurse-Midwives Act - Amends title XVIII (Medicare) of the Social Security Act to provide for the coverage of and payment for certified midwife services (currently only certified nurse-midwife services are covered) under Medicare part B (Supplementary Medical Insurance). Declares that nothing precludes certified nurse-midwives and certified midwives from teaching or supervising an intern or resident-in-training.
Extends Medicare coverage to items and services at a free-standing birth center. | To amend title XVIII of the Social Security Act to provide for reimbursement of certified midwife services and to provide for more equitable reimbursement rates for certified nurse-midwife services. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Women's History Museum Act
of 2005''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the National Women's History Museum, Inc., is a
nonprofit, nonpartisan, educational institution incorporated in
the District of Columbia;
(2) the National Women's History Museum was established--
(A) to research and present the historic
contributions that women have made to all aspects of
human endeavor; and
(B) to explore and present in a fair and balanced
way the contributions that women have made to the
Nation in their various roles in family and society;
(3) in March 1999, the President's Commission on the
celebrating of Women in American History concluded that
``efforts to implement an appropriate celebration of women's
history in the next millennium should include the designation
of a focal point for women's history in our nation's capital .
. .'' citing the efforts of the National Women's History Museum
to implement this goal;
(4) the National Women's History Museum will collect and
disseminate information concerning women, including through the
establishment of a national reference center for the collection
and preservation of documents, publications, and research
relating to women;
(5) the National Women's History Museum will foster
educational programs relating to the history and contribution
to society by women, including promotion of imaginative
educational approaches to enhance understanding and
appreciation of historic contributions by women;
(6) the National Women's History Museum will publicly
display temporary and permanent exhibits that illustrate,
interpret, and demonstrate the contributions of women;
(7) the National Women's History Museum requires a museum
site near the National Mall to accomplish the objectives and
fulfill the ongoing educational mission of the museum;
(8) the 3-story glass enclosed structure known as the
``Pavilion Annex'' is a retail shopping mall built next to the
Old Post Office in 1992 by private developers using no Federal
funds on public land in the Federal Triangle south of
Pennsylvania Avenue, NW.;
(9) the Pavilion Annex came into the possession of the
General Services Administration following bankruptcy and
default by the private developer of the Old Post Office
Pavilion;
(10) the Pavilion Annex has been vacant for over 10 years
and is in a state of disrepair;
(11) the Pavilion Annex is located near an area that has
been identified as an ideal location for museums and memorials
in the Memorials and Museums Master Plan developed by the
National Capital Planning Commission;
(12) the National Women's History Museum will provide a
vibrant, cultural activity in a building currently controlled
by the General Services Administration but unused by any
Federal agency or activity;
(13) the Government Accountability Office has determined
that vacant or underutilized properties present significant
potential risks to Federal agencies, including--
(A) lost dollars because of the difficulty of
maintaining the properties; and
(B) lost opportunities because the properties could
be put to more cost-beneficial uses, exchanged for
other needed property, or sold to generate revenue for
the Government;
(14) the National Women's History Museum will use
Government property for which there is no Government use as of
the date of enactment of this Act, in order to--
(A) promote utilization, economy, and efficiency of
Government-owned assets; and
(B) create an income producing activity;
(15) the National Women's History Museum will attract an
estimated 1,500,000 visitors annually to the District of
Columbia; and
(16) the National Women's History Museum will promote
economic activity in the District of Columbia by--
(A) creating jobs;
(B) increasing visitor spending on hotels, meals,
and transportation; and
(C) generating tax revenue for the District of
Columbia.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Museum sponsor.--The term ``Museum Sponsor'' means the
National Women's History Museum, Inc., a nonprofit organization
incorporated in 1996 in the District of Columbia.
(3) Pavilion annex.--The term ``Pavilion Annex'' means the
building (and immediate surroundings, including any land
unoccupied as of the date of enactment of this Act) in
Washington, District of Columbia that is--
(A) known as the ``Pavilion Annex'';
(B) adjacent to the Old Post Office Building;
(C) located on Pennsylvania Avenue, NW., to the
east of 11th Street NW.; and
(D) located on land bounded on 3 sides by the
Internal Revenue Service buildings.
SEC. 4. OCCUPANCY AGREEMENT.
(a) In General.--Notwithstanding any other provision of law, the
Administrator shall enter into an occupancy agreement to make the
Pavilion Annex available to the Museum Sponsor for use as a National
Women's History Museum in accordance with this section.
(b) Payments.--The Administrator shall enter into negotiations with
the Museum Sponsor concerning payment to the Federal Government based
on the cost basis of the Pavilion Annex or prior appraisals or expert
opinions rendered to the General Services Administration relating to
valuation of the structure.
(c) Appraisal.--
(1) In general.--If the Administrator and the Museum
Sponsor are unable to reach agreement on fair market value for
the purpose of determining rent within 90 days after the date
of enactment of this Act, fair market value for the purpose of
determining rent shall be determined by not more than 3
appraisers, operating under a common set of instructions, of
whom--
(A) 1 shall be retained by the Administrator;
(B) 1 shall be retained by the Museum Sponsor; and
(C) 1 shall be selected by the first 2 appraisers
only if--
(i) the first 2 appraisals are
irreconcilable; and
(ii) the difference in value between the
first 2 appraisals is greater than 10 percent.
(2) Difference of not more than 10 percent.--If the 2
appraisals differ by not more than 10 percent, the fair market
value shall be the average of the 2 appraisals.
(3) Irreconcilable appraisals.--If a third appraiser is
selected--
(A) the fee of the third appraiser shall be paid in
equal shares by the Administrator and the Museum
Sponsor; and
(B) the fair market value determined by the third
appraiser shall bind both parties.
(d) Term of Occupancy Agreement.--
(1) In general.--The term of the occupancy agreement shall
be at least 99 years, or any lesser term agreed to by the
Museum Sponsor.
(2) First payment.--The first payment shall be due on the
date that is 5 years after the date of execution of the
occupancy agreement.
(e) Private Funds.--The terms and conditions of the occupancy
agreement shall facilitate raising of private funds for the
modification, development, maintenance, security, information,
janitorial, and other services that are necessary to assure the
preservation and operation of the museum.
(f) Shared Facilities.--The occupancy agreement may include
reasonable terms and conditions pertaining to shared facilities to
permit continued operations and enable development of adjacent
buildings.
(g) Renovation and Modification.--
(1) In general.--The renovation and modification of the
Pavilion Annex--
(A) shall be carried out by the Museum Sponsor, in
consultation with the Administrator; and
(B) shall--
(i) be commenced as soon as practicable but
not later than 5 years after the date of
execution of the occupancy agreement;
(ii) sever the walkway to the Old Post
Office Building; and
(iii) enhance and improve the Pavilion
Annex consistent with the needs of the National
Women's History Museum and the adjacent
structures.
(2) Expense credit.--Any expenses incurred by the Museum
Sponsor under this subsection shall be credited against the
payment under subsection (d)(2).
(h) Report.--
(1) In general.--If the Administrator is unable to fully
execute an occupancy agreement within 180 days of the date of
enactment of this Act, not later than 240 days after the date
of enactment of this Act, the Administrator shall submit to the
Committee on Homeland Security and Governmental Affairs in the
Senate and the Committees on Transportation and Infrastructure
and Government Reform in the House of Representatives a report.
(2) Contents.--The report shall contain--
(A) a summary of the issues that remain unresolved
and an analysis of the position of the General Services
Administration;
(B) an itemization, including date, where
appropriate, and costs of actions taken by the General
Services Administration to maintain and secure the
Pavilion Annex to prevent further deterioration; and
(C) a plan for future use and development of the
Pavilion Annex, including plans for appropriate
security improvements.
SEC. 5. EFFECT ON OTHER LAW.
Nothing in this Act shall limit the authority of the National
Capital Planning Commission and the National Capital Planning
Commission shall retain authority over development in the Federal
Triangle development area as defined in subchapter II of chapter 67 of
title 40, United States Code (40 U.S.C. 6711 et seq.).
SEC. 6. FEDERAL PARTICIPATION.
The United States shall pay no expense incurred in the
establishment, construction, or operation of the National Women's
History Museum, which shall be operated and maintained by the Museum
Sponsor after completion of construction.
Passed the Senate July 29, 2005.
Attest:
EMILY J. REYNOLDS,
Secretary. | National Women's History Museum Act of 2005 - Requires the Administrator of General Services to enter into an occupancy agreement to make the Pavilion Annex (the building and specified immediate surroundings, including any land unoccupied as of the enactment of this Act) in Washington, D.C. available to the National Women's History Museum, Inc. (Museum Sponsor) for a National Women's History Museum, for at least 99 years or any lesser term agreed to by the Museum Sponsor.
Prohibits use of any federal funds to establish, construct or operate the Museum. | A bill to provide a site for the National Women's History Museum in the District of Columbia. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Competitive Service Act of 2015''.
SEC. 2. ADDITIONAL APPOINTING AUTHORITIES FOR COMPETITIVE SERVICE.
(a) In General.--Section 3318 of title 5, United States Code, is
amended--
(1) by redesignating subsections (b) and (c) as subsections (c)
and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Other Appointing Authorities.--
``(1) In general.--During the 240-day period beginning on the
date of issuance of a certificate of eligibles under section
3317(a), an appointing authority other than the appointing
authority requesting the certificate (in this subsection referred
to as the `other appointing authority') may select an individual
from that certificate in accordance with this subsection for an
appointment to a position that is--
``(A) in the same occupational series as the position for
which the certification of eligibles was issued (in this
subsection referred to as the `original position'); and
``(B) at a similar grade level as the original position.
``(2) Applicability.--An appointing authority requesting a
certificate of eligibles may share the certificate with another
appointing authority only if the announcement of the original
position provided notice that the resulting list of eligible
candidates may be used by another appointing authority.
``(3) Requirements.--The selection of an individual under
paragraph (1)--
``(A) shall be made in accordance with subsection (a); and
``(B) subject to paragraph (4), may be made without any
additional posting under section 3327.
``(4) Internal notice.--Before selecting an individual under
paragraph (1), and subject to the requirements of any collective
bargaining obligation of the other appointing authority, the other
appointing authority shall--
``(A) provide notice of the available position to employees
of the other appointing authority;
``(B) provide up to 10 business days for employees of the
other appointing authority to apply for the position; and
``(C) review the qualifications of employees submitting an
application.
``(5) Collective bargaining obligations.--Nothing in this
subsection limits any collective bargaining obligation of an agency
under chapter 71.''.
(b) Alternative Ranking and Selection Procedures.--Section 3319 of
title 5, United States Code, is amended by striking subsection (c) and
inserting the following:
``(c) Selection.--
``(1) In general.--An appointing official may select any
applicant in the highest quality category or, if fewer than 3
candidates have been assigned to the highest quality category, in a
merged category consisting of the highest and the second highest
quality categories.
``(2) Use by other appointing officials.--Under regulations
prescribed by the Office of Personnel Management, appointing
officials other than the appointing official described in paragraph
(1) (in this subsection referred to as the `other appointing
official') may select an applicant for an appointment to a position
that is--
``(A) in the same occupational series as the position for
which the certification of eligibles was issued (in this
subsection referred to as the `original position'); and
``(B) at a similar grade level as the original position.
``(3) Applicability.--An appointing authority requesting a
certificate of eligibles may share the certificate with another
appointing authority only if the announcement of the original
position provided notice that the resulting list of eligible
candidates may be used by another appointing authority.
``(4) Requirements.--The selection of an individual under
paragraph (2)--
``(A) shall be made in accordance with this subsection; and
``(B) subject to paragraph (5), may be made without any
additional posting under section 3327.
``(5) Internal notice.--Before selecting an individual under
paragraph (2), and subject to the requirements of any collective
bargaining obligation of the other appointing authority (within the
meaning given that term in section 3318(b)(1)), the other
appointing official shall--
``(A) provide notice of the available position to employees
of the appointing authority employing the other appointing
official;
``(B) provide up to 10 business days for employees of the
other appointing authority to apply for the position; and
``(C) review the qualifications of employees submitting an
application.
``(6) Collective bargaining obligations.--Nothing in this
subsection limits any collective bargaining obligation of an agency
under chapter 71.
``(7) Preference eligibles.--Notwithstanding paragraphs (1) and
(2), an appointing official may not pass over a preference eligible
in the same category from which selection is made, unless the
requirements of section 3317(b) and 3318(c), as applicable, are
satisfied.''.
(c) Technical and Conforming Amendment.--Section 9510(b)(5) of
title 5, United States Code, is amended by striking ``3318(b)'' and
inserting ``3318(c)''.
(d) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Director of the Office of Personnel Management shall
issue an interim final rule with comment to carry out the amendments
made by this section.
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 House on February 29, 2016. Competitive Service Act of 2015 (Sec. 2) This bill authorizes an appointing authority (i.e., a federal agency appointing an individual to a position in the competitive service), other than the appointing authority that requested a certificate of eligibles for filling a position, to select an individual from that certificate for appointment to a position that is: (1) in the same occupational series as the position for which the certificate of eligibles was issued, and (2) at a similar grade level as the original position. The appointing authority must select an individual from the certificate of eligibles within 240 days after the issuance of the certificate. The bill sets forth further requirements relating to the sharing of certificates by agencies, notice to agency employees of available positions, and alternative ranking and selection procedures for job applicants. | Competitive Service Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Federal Lands Management
Demonstration Project Act''.
SEC. 2. FINDINGS.
(a) Findings.--Congress finds the following:
(1) The Alaska National Interest Lands Conservation Act (16
U.S.C. 3101 et seq.) established new and expanded units of the
National Park System and the National Wildlife Refuge System in
many areas of Alaska. The purposes of these conservation system
units include protection of habitat for fish and wildlife,
conservation of fish and wildlife populations, continued
opportunity for subsistence uses by local residents, and
protection of archeological sites associated with Alaska Native
cultures.
(2) Many rural Alaskan communities are in close proximity
to conservation system units and the purposes of these
conservation system units are uniquely relevant to the culture
and ways of Alaska Natives and other residents of rural Alaska
communities. Congress recognized this close relationship in
sections 1306, 1307, and 1308 of the Alaska National Interest
Lands Conservation Act, which directed the Secretary of the
Interior to establish programs whereby Alaska Native lands were
given preference for the siting of conservation system unit
facilities, Alaska Native corporations and local residents were
given preference for the provision of visitor services, and
local residents were given preference for employment.
(b) Purposes.--The purposes of this Act are as follows:
(1) To promote innovative management strategies that are
designed to lead to greater efficiency in conservation system
unit management.
(2) To expand Alaska Native contracting opportunities.
(3) To increase local native employment in Alaska.
(4) To further the unique purposes of conservation system
units as they relate to subsistence practices, Alaska Native
culture, and the conservation of fish and wildlife habitat and
populations.
SEC. 3. ALASKA FEDERAL LANDS MANAGEMENT DEMONSTRATION PROJECT.
(a) In General.--The Secretary shall carry out a program within the
Department of the Interior to be known as the ``Alaska Federal Lands
Management Demonstration Project'' by which 12 Indian tribes or tribal
organizations may contract to perform administrative and management
functions, construction, maintenance, data collection, biological
research, and harvest monitoring on conservation system units in
Alaska.
(b) Participation.--During each of the 2 fiscal years immediately
following the date of the enactment of this Act, the Secretary shall
select, in a manner to achieve geographic representation within Alaska,
not less than 6 eligible Indian tribes or tribal organizations per year
to participate in the demonstration project.
(c) Eligibility.--To be eligible to participate in the
demonstration project, an Indian tribe or tribal organization, shall--
(1) request participation by resolution or other official
action of the governing body of the Indian tribe or tribal
organization;
(2) demonstrate financial and management stability and
capability, as evidenced by the Indian tribe or tribal
organization having no unresolved significant and material
audit exceptions for the previous 3 fiscal years; and
(3) demonstrate significant use of or dependency upon the
relevant conservation system unit or other public land unit for
which programs, functions, services, and activities are
requested to be placed under contract.
(d) Priority.--If the Secretary receives a request to contract
specific conservation system unit programs, services, functions, and
activities, or portions thereof, from more than one Indian tribe or
tribal organization meeting the criteria set forth in subsection (c),
the Secretary shall apply the priority selection criteria applied by
the Alaska Region of the Bureau of Indian Affairs for contracting
pursuant to the Indian Self-Determination and Education Assistance Act.
If, after applying such criteria, more than one eligible Indian tribe
or tribal organization remains and such Indian tribes or tribal
organizations have overlapping requests to negotiate and contract for
the same programs, services, functions, and activities, or portions
thereof, the Secretary may require such Indian tribes or tribal
organizations to agree regarding which Indian tribe or tribal
organization shall have the ability to contract or to submit a joint
request prior to entering into negotiations.
(e) Planning Phase.--Each Indian tribe and tribal organization
selected by the Secretary to participate in the demonstration project
shall complete a planning phase prior to negotiating and entering into
a conservation system unit management contract. The planning phase
shall be conducted to the satisfaction of the Secretary, Indian tribe,
or tribal organization, and shall include--
(1) legal and budgetary research; and
(2) internal tribal planning and organizational
preparation.
(f) Contracts.--
(1) In general.--Upon request of a participating Indian
tribe or tribal organization that has completed the planning
phase pursuant to subsection (e), the Secretary shall negotiate
and enter into a contract with the Indian tribe or tribal
organization for the Indian tribe or tribal organization to
plan, conduct, and administer programs, services, functions,
and activities, or portions thereof, as described in subsection
(a), requested by the Indian tribe or tribal organization and
related to the administration of a conservation system unit
that is substantially located within the geographic region of
the Indian tribe or tribal organization.
(2) Time limitation for negotiation of contracts.--Not
later than 90 days after a participating Indian tribe or tribal
organization has notified the Secretary that it has completed
the planning phase required by subsection (e), the Secretary
shall initiate and conclude negotiations, unless an alternative
negotiation and implementation schedule is otherwise agreed to
by the parties. The declination and appeals provisions of the
Indian Self-Determination and Education Assistance Act,
including section 110 of such Act, shall apply to contracts and
agreements requested and negotiated under this Act.
(g) Contract Administration.--
(1) Inclusion of certain terms.--At the request of the
contracting Indian tribe or tribal organization, the benefits,
privileges, terms, and conditions of agreements entered into
pursuant to titles I and IV of the Indian Self-Determination
and Education Assistance Act may be included in a contract
entered into under this Act. If any provisions of the Indian
Self-Determination and Education Assistance Act are
incorporated, they shall have the same force and effect as if
set out in full in this Act and shall apply notwithstanding any
other provision of law. The parties may include such other
terms and conditions as are mutually agreed to and not
otherwise contrary to law.
(2) Audit.--Contracts entered into under this Act shall
provide for a single-agency audit report to be filed as
required by chapter 75 of title 31, United States Code.
(3) Transfer of employees.--Any career Federal employee
employed at the time of the transfer of an operation or program
to an Indian tribe or tribal organization shall not be
separated from Federal service by reason of such transfer.
Intergovernmental personnel actions may be used to transfer
supervision of such employees to the contracting Indian tribe
or tribal organization. Such transferred employees shall be
given priority placement for any available position within
their respective agency, notwithstanding any priority
reemployment lists, directives, rules, regulations, or other
orders from the Department of the Interior, the Office of
Management and Budget, or other Federal agencies.
(h) Available Funding; Payment.--Under the terms of a contract
negotiated pursuant to subsection (f), the Secretary shall provide each
Indian tribe or tribal organization funds in an amount not less than
the Secretary would have otherwise provided for the operation of the
requested programs, services, functions, and activities. Contracts
entered into under this Act shall provide for advance payments to the
tribal organizations in the form of annual or semiannual installments.
(i) Timing; Contract Authorization Period.--An Indian tribe or
tribal organization selected to participate in the demonstration
project shall complete the planning phase required by subsection (e)
not later than 1 calendar year after the date that it was selected for
participation and may begin implementation of its requested contract no
later than the first day of the next fiscal year. The Indian tribe or
tribal organization and the Secretary may agree to an alternate
implementation schedule. Contracts entered into pursuant to this Act
are authorized to remain in effect for 5 consecutive fiscal years,
starting from the fiscal year the participating Indian tribe or tribal
organization first entered into its contract under this Act.
(j) Report.--Not later than 90 days after the close of each of
fiscal years 2007 and 2010, the Secretary shall present to the Congress
detailed reports, including a narrative, findings, and conclusions on
the costs and benefits of this demonstration project. The reports shall
identify remaining institutional and legal barriers to the contracting
of conservation system unit management to Alaska Native entities and
shall contain recommendations for improving, continuing, and expanding
the demonstration project. The reports shall be authored jointly with,
and shall include the separate views of, all participating Indian
tribes and tribal organizations.
(k) Limitations.--
(1) Revenue producing visitor services.--Contracts
authorized under this Act shall not include revenue-producing
visitor services, unless an agreement is reached with the most
directly affected Alaska Native corporations to allow such
services to be included in the contract. Such contracts shall
not otherwise repeal, alter, or otherwise modify section 1307
or 1308 of the Alaska National Interests Lands Conservation
Act.
(2) Contracts.--Contracts authorized under this Act shall
not grant or include any authority to administer or otherwise
manage or oversee permits, licenses, or contracts related to
sport hunting and fishing guiding activities.
(3) Denali national park.--The Denali National Park shall
not be subject to any of the provisions of this Act.
(4) State's management authority for fish and wildlife.--
Nothing in this Act is intended to enlarge or diminish the
responsibility and authority of the State of Alaska for
management of fish and wildlife.
(l) Planning Grants.--
(1) In general.--Subject to the availability of
appropriated funds, upon application the Secretary shall award
a planning grant in the amount of $100,000 to any Indian tribe
or tribal organization selected for participation in the
demonstration project to enable it to plan for the contracting
of programs, functions, services, and activities as authorized
under this Act and meet the planning phase requirement of
subsection (e). An Indian tribe or tribal organization may
choose to meet the planning phase requirement without applying
for a grant under this subsection. No Indian tribe or tribal
organization may receive more than 1 grant under this
subsection.
(2) Authorization of appropriations.--There is authorized
to be appropriated $600,000 for each of the 2 fiscal years
immediately following the date of the enactment of this Act to
fund planning grants under this section.
SEC. 4. KOYUKUK AND KANUTI NATIONAL WILDLIFE REFUGES DEMONSTRATION
PROJECT.
(a) In General.--The Secretary shall enter into contracts,
compacts, or funding agreements under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.) with the Koyukuk River
Basin Moose Co-Management Team, Inc., upon receipt of authorizing
resolutions from its member tribal or village councils, to establish a
demonstration project providing programs, functions, services, and
activities of the Koyukuk and Kanuti National Wildlife Refuges.
(b) Assignment of Employees.--To the maximum extent possible,
contracts and compacts under subsection (a) shall provide that the
United States Fish and Wildlife Service shall assign employees assigned
to the Koyukuk and Kanuti National Wildlife Refuges to the contractor
pursuant to the Intergovernmental Personnel Act (5 U.S.C. 3371 et seq.)
with all such employees maintained as Federal employees retaining all
benefits and status of Federal service.
SEC. 5. DEFINITIONS.
For the purposes of this Act:
(1) Conservation system unit.--The term ``conservation
system unit'' shall have the meaning given that term in section
102(4) of the Alaska National Interest Lands Conservation Act.
(2) Indian tribe.--The term ``Indian tribe'' shall have the
meaning given that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Tribal organization.--The term ``tribal organization''
shall have the meaning given that term in section 4(l) of the
Indian Self-Determination and Education Assistance Act. | Alaska Federal Lands Management Demonstration Project Act - Directs the Secretary of the Interior to conduct an Alaska Federal Lands Management Demonstration Project.
Requires the Secretary to select no fewer than six eligible, geographically representative tribes or tribal organizations per year (up to a maximum of 12) to perform administrative and management functions, construction, maintenance, data collection, biological research, and harvest monitoring on conservation system units in Alaska. Requires selected tribes to complete a planning phase before negotiating and contracting with the Secretary.
Excludes revenue-producing visitor services unless agreed to by the Alaska Native corporations most directly affected. Excludes the Denali National Park.
Provides for planning grants.
Directs the Secretary to establish a demonstration project with the Koyukuk River Basin Moose Co-Management Team, Inc., for the provision of services at the Koyukuk and Kanuti National Wildlife Refuges.
Authorizes the use of intergovernmental personnel actions to assign Federal employees to the contractor while retaining their Federal employment status. | To expand Alaska Native contracting of Federal land management functions and activities and to promote hiring of Alaska Natives by the Federal Government within the State of Alaska, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop AIDS in Prison Act of 2006''.
SEC. 2. COMPREHENSIVE HIV/AIDS POLICY.
(a) In General.--The Bureau of Prisons (hereinafter in this section
referred to as the ``Bureau'') shall develop a comprehensive policy to
coordinate HIV/AIDS testing, treatment, and prevention for inmates
within the correctional setting and upon reentry.
(b) Purpose.--The purposes of this policy shall be as follows:
(1) To stop the spread of HIV/AIDS among inmates.
(2) To protect prison guards and other personnel from HIV/
AIDS infection.
(3) To provide comprehensive, timely, and compassionate
medical treatment to inmates who are living with HIV/AIDS.
(4) To promote HIV/AIDS awareness and prevention among
inmates.
(5) To encourage inmates to take personal responsibility
for their health, find out if they have been infected with HIV/
AIDS, and reward behavior that reduces the risks of HIV/AIDS
transmission.
(6) To reduce the risk that inmates will transmit HIV/AIDS
to their spouses or other persons in the community following
their release from prison.
(c) Consultation.--The Bureau shall consult with appropriate
officials of the Department of Health and Human Services, the Office of
National Drug Control Policy, and the Centers for Disease Control
regarding the development of this policy.
(d) Time Limit.--The Bureau shall draft appropriate regulations to
implement this policy within not more than 1 year from the enactment of
this Act.
SEC. 3. REQUIREMENTS FOR POLICY.
The policy created under section 2 shall do the following:
(1) Testing and counseling upon intake.--
(A) Medical personnel shall provide routine HIV/
AIDS testing to all inmates as a part of a
comprehensive medical examination immediately following
admission to a facility.
(B) Medical personnel shall provide immediate
confidential, post-test counseling to all inmates who
test positive for HIV/AIDS.
(2) HIV/AIDS prevention education.--Medical personnel shall
educate all inmates on the risk of HIV/AIDS transmission;
promote HIV/AIDS awareness; and encourage behavior that reduces
the risk of HIV/AIDS transmission through frequent and
appropriate educational programs. This education shall include
the risks of HIV/AIDS transmission through tattooing, sexual
contact, and intravenous drug use.
(3) Voluntary hiv/aids testing.--
(A) Medical personnel shall allow inmates to obtain
HIV/AIDS tests upon request once per year or whenever
an inmate has a reason to believe the inmate may have
been exposed to HIV/AIDS. Inmates shall be informed of
their right to obtain these tests.
(B) Medical personnel shall encourage inmates to
request HIV/AIDS tests if the inmate is sexually
active, uses intravenous drugs, or if the inmate is
concerned that the inmate may have been exposed to HIV/
AIDS.
(4) Protection of confidentiality.--In order to ensure
inmate confidentiality and encourage inmates to seek HIV/AIDS
tests without the knowledge or suspicion of other inmates, the
Bureau of Prisons shall develop procedures for inmates
confidentially to request HIV/AIDS counseling and tests. HIV/
AIDS counseling and tests shall be provided in a setting where
other routine health services are provided and in a manner that
allows the inmate to request and obtain these services as
routine medical services.
(5) Comprehensive treatment.--Medical personnel shall
provide all inmates who test positive for HIV/AIDS--
(A) comprehensive medical treatment; and
(B) confidential counseling on managing their
medical condition and preventing its transmission to
other persons.
(6) Testing, counseling, and referral prior to reentry.--
(A) Medical personnel shall provide routine HIV/
AIDS testing to all inmates prior to their release and
reentry into the community. (Inmates who are already
known to be infected need not be tested again.)
(B) To all inmates who test positive for HIV/AIDS
and all inmates who already are known to have HIV/AIDS,
BOP medical personnel shall provide--
(i) confidential prerelease counseling on
managing their medical condition in the
community, accessing appropriate treatment and
services in the community, and preventing the
transmission of their condition to family
members and other persons in the community; and
(ii) referrals to appropriate health care
providers and social service agencies in the
community that meet the inmate's individual
needs.
(7) Opt-out provision.--If an inmate refuses a routine test
for HIV/AIDS, medical personnel shall make a note of the
inmate's refusal in the inmate's confidential medical records.
However, the inmate's refusal shall not be considered a
violation of prison rules or result in disciplinary action.
SEC. 4. CHANGES IN EXISTING LAW.
(a) Screening in General.--Section 4014(a) of title 18, United
States Code, is amended--
(1) by striking ``for a period of 6 months or more'';
(2) by striking ``, as appropriate,''; and
(3) by striking ``if such individual is determined to be at
risk for infection with such virus in accordance with the
guidelines issued by the Bureau of Prisons relating to
infectious disease management'' and inserting ``unless the
individual declines. The Attorney General shall also cause such
individual to be so tested before release unless the individual
declines.''.
(b) Screening as Part of Routine Screening.--Section 4014(e) of
title 18, United States Code, is amended by adding at the end the
following: ``Such rules shall also provide that the initial test under
this section be performed as part of the routine health screening
conducted at intake.''. | Stop AIDS in Prison Act of 2006 - Requires the Bureau of Prisons to develop a comprehensive policy to coordinate HIV/AIDS testing, treatment, and prevention for federal prison inmates. Requires such policy to include provisions for: (1) testing and counseling of inmates immediately following admission to a prison facility; (2) education regarding HIV/AIDS transmission and encouragement of behavior to reduce the risk; (3) HIV/AIDS testing annually or after exposure to HIV; (4) procedures for inmates to request HIV/AIDS counseling and tests confidentially; (5) comprehensive medical treatment of inmates who test positive and confidential counseling on managing their medical condition and preventing transmission to others; (6) testing, counseling, and referral prior to reentry into the community; and (7) noting but not penalizing an inmate's refusal of HIV/AIDS testing.
Amends federal criminal code provisions relating to HIV/AIDS testing to: (1) make such testing available to all federal prison inmates upon intake and upon release regardless of length of sentence or risk factors; (2) allow inmates to decline such testing. | To provide for an effective HIV/AIDS program in Federal prisons. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Patient Access to
Preventive and Diagnostic Tests Act''.
SEC. 2. CODING AND PAYMENT PROCEDURES FOR NEW CLINICAL DIAGNOSTIC
LABORATORY TESTS UNDER MEDICARE.
(a) Determining Payment Basis For New Lab Tests.--Section 1833(h)
of the Social Security Act (42 U.S.C. 1395l(h)) is amended by adding at
the end the following:
``(9)(A) The Secretary shall establish procedures for
determining the basis for, and amount of, payment under this
subsection for any clinical diagnostic laboratory test with
respect to which a new or substantially revised HCPCS code is
assigned on or after January 1, 2002 (hereinafter in this
paragraph and paragraph (10) referred to as `new tests'). Such
procedures shall provide that--
``(i) the payment amount for such a test will be
established only on--
``(I) the basis described in paragraph
(10)(A); or
``(II) the basis described in paragraph
(10)(B); and
``(ii) the Secretary will determine whether the
payment amount for such a test is established on the
basis described in paragraph (10)(A) or the basis
described in paragraph (10)(B) only after the process
described in subparagraph (B) has been completed with
respect to such test.
``(B) Determinations under subparagraph (A)(ii) shall be
made only after the Secretary--
``(i) makes available to the public (through an
Internet site and other appropriate mechanisms) a list
that includes any such test for which establishment of
a payment amount under paragraph (10) is being
considered for a year;
``(ii) on the same day such list is made available,
causes to have published in the Federal Register notice
of a meeting to receive comments and recommendations
from the public on the appropriate basis under
paragraph (10) for establishing payment amounts for the
tests on such list;
``(iii) not less than 30 days after publication of
such notice, convenes a meeting to receive such
comments and recommendations, with such meeting--
``(I) including representatives of all
entities within the Health Care Financing
Administration (hereinafter in this paragraph
referred to as `HCFA') that will be involved in
determining the basis on which payment amounts will be established for
such tests under paragraph (10) and implementing such determinations;
``(II) encouraging the participation of
interested parties, including beneficiaries,
device manufacturers, clinical laboratories,
laboratory professionals, pathologists, and
prescribing physicians, through outreach
activities; and
``(III) affording opportunities for
interactive dialogue between representatives of
HCFA and the public;
``(iv) makes minutes of such meeting available to
the public (through an Internet site and other
appropriate mechanisms) not later than 15 calendar days
after such meeting;
``(v) taking into account the comments and
recommendations received at such meeting, develops and
makes available to the public (through an Internet site
and other appropriate mechanisms) a list of proposed
determinations with respect to the appropriate basis
for establishing a payment amount under paragraph (10)
for each such code, together with an explanation of the
reasons for each such determination, and the data on
which the determination is based;
``(vi) on the same day such list is made available,
causes to have published in the Federal Register notice
of a public meeting to receive comments and
recommendations from the public on the proposed
determinations;
``(vii) not later than August 1 of each year, but
at least 30 days after publication of such notice,
convenes a meeting to receive such comments and
recommendations, with such meeting being conducted in
the same manner as the meeting under clause (iii);
``(viii) makes a transcript of such meeting
available to the public (through an Internet site and
other appropriate mechanisms) as soon as is practicable
after such meeting; and
``(ix) taking into account the comments and
recommendations received at such meeting, develops and
makes available to the public (through an Internet site
and other appropriate mechanisms) a list of final
determinations of whether the payment amount for such
tests will be determined on the basis described in
paragraph (10)(A) or the basis described in paragraph
(10)(B), together with the rationale for each such
determination, the data on which the determination is
based, and responses to comments and suggestions
received from the public.
``(C) Under the procedures established pursuant to
subparagraph (A), the Secretary shall--
``(i) identify the rules and assumptions to be
applied by the Secretary in considering and making
determinations of whether the payment amount for a new
test should be established on the basis described in
paragraph (10)(A) or the basis described in paragraph
(10)(B);
``(ii) make available to the public the data (other
than proprietary data) considered in making such
determinations; and
``(iii) provide for a mechanism under which--
``(I) an interested party may request an
administrative review of an adverse
determination;
``(II) upon the request of an interested
party, an administrative review is conducted
with respect to an adverse determination; and
``(III) such determination is revised, as
necessary, to reflect the results of such
review.
``(D) For purposes of this paragraph and paragraph
(10)--
``(i) the term `HCPCS' refers to the Health
Care Financing Administration Common Procedure
Coding System; and
``(ii) a code shall be considered to be
`substantially revised' if there is a
substantive change to the definition of the
test or procedure to which the code applies
(such as a new analyte or a new methodology for
measuring an existing analyte-specific test).
``(10)(A) Notwithstanding paragraphs (1), (2), and (4), if
a new test is clinically similar to a test for which a fee
schedule amount has been established under paragraph (5), the
Secretary shall pay the same fee schedule amount for the new
test. In determining whether tests are clinically similar for
purposes of this paragraph, the Secretary may not take into
account economic factors.
``(B)(i) Notwithstanding paragraphs (1), (2), (4), and (5),
if a new test is not clinically similar to a test for which a
fee schedule has been established under paragraph (5), payment
under this subsection for such test shall be made on the basis
of the lesser of--
``(I) the actual charge for the test; or
``(II) an amount equal to 60 percent (or in the
case of a test performed by a qualified hospital (as
defined in paragraph (1)(D)) for outpatients of such
hospital, 62 percent) of the prevailing charge level
determined pursuant to the third and fourth sentences
of section 1842(b)(3) for the test for a locality or
area for the year (determined without regard to the
year referred to in paragraph (2)(A)(i), or any
national limitation amount under paragraph (4)(B), and
adjusted annually by the percentage increase or
decrease under paragraph (2)(A)(i));
until the beginning of the third full calendar year that begins
on or after the date on which an HCPCS code is first assigned
with respect to such test, or, if later, the beginning of the
first calendar year that begins on or after the date on which
the Secretary determines that there are sufficient claims data
to establish a fee schedule amount pursuant to clause (ii).
``(ii) Notwithstanding paragraphs (2) and (4), and (5), the
fee schedule amount for a clinical diagnostic laboratory test
described in clause (i) that is performed--
``(I) during the first calendar year after clause
(i) ceases to apply to such test, shall be an amount
equal to the national limitation amount that the
Secretary determines (consistent with clause (iii))
would have applied to such test under paragraph
(4)(B)(viii) during the preceding calendar year,
adjusted by the percentage increase or decrease
determined under paragraph (2)(A)(i) for such first
calendar year; and
``(II) during a subsequent year, is the fee
schedule amount determined under this clause for the
preceding year, adjusted by the percentage increase or
decrease that applies under paragraph (5)(A) for such
year.
``(iii) For purposes of clause (ii)(I), the national
limitation amount for a test shall be set at 100 percent of the
median of the payment amounts determined under clause (ii)(I)
for all payment localities or areas for the last calendar year
for which payment for such test was determined under clause
(i).
``(iv) Nothing in clause (ii) shall be construed as
prohibiting the Secretary from applying (or authorizing the
application of) the comparability provisions of the first
sentence of such section 1842(b)(3) with respect to amounts
determined under such clause.''.
(b) Establishment of National Fee Schedule Amounts.--
(1) In general.--Section 1833(h) of the Social Security
Act, as amended by subsection (a), is further amended--
(A) in paragraph (2), by striking ``paragraph (4)''
and inserting in lieu thereof ``paragraphs (4), (5),
and (10)'';
(B) in paragraph (4)(B)(viii), by inserting ``and
before January 1, 2002,'' after ``December 31, 1997,'';
(C) by redesignating paragraphs (5), (6), and (7),
as paragraphs (6), (7), and (8), respectively; and
(D) by inserting after paragraph (4) the following:
``(5) Notwithstanding paragraphs (2) and (4), the Secretary
shall set the fee schedule amount for a test (other than a test
to which paragraph (10)(B)) applies) at--
``(A) for tests performed during 2002, an amount
equal to the national limitation amount for that test
for 2001, and adjusted by the percentage increase or
decrease determined under paragraph (2)(A)(i) for such
year; and
``(B) for tests performed during a year after 2002,
the amount determined under this subparagraph for the
preceding year, adjusted by the percentage increase or
decrease determined under paragraph (2)(A)(i) for such
year.''.
(2) Conforming changes.--Section 1833(a) of the Social
Security Act (42 U.S.C. 1395l(a)) is amended--
(A) in paragraph (1)(D)(i), by striking ``the
limitation amount for that test determined under
subsection (h)(4)(B),''; and
(B) in paragraph (2)(D)(i), by striking ``the
limitation amount for that test determined under
subsection (h)(4)(B),''.
(c) Mechanism for Review of Adequacy of Payment Amounts.--Section
1833(h) of the Social Security Act, as amended by subsections (a) and
(b), is further amended by adding at the end the following:
``(11) The Secretary shall establish a mechanism under
which--
``(A) an interested party may request a timely
review of the adequacy of the existing payment amount
under this subsection fee for a particular test; and
``(B) upon the receipt of such a request, a timely
review is carried out.''.
(d) Use of Inherent Reasonableness Authority.--Section 1842(b)(8)
of the Social Security Act (42 U.S.C. 1395u(b)(8)) is amended by adding
at the end the following:
``(E)(i) The Secretary may not delegate the
authority to make determinations with respect to
clinical diagnostic laboratory tests under this
paragraph to a regional office of the Health Care
Financing Administration or to an entity with a
contract under subsection (a).
``(ii) In making determinations with respect to
clinical diagnostic laboratory tests under this
paragraph, the Secretary--
``(I) shall base such determinations on
data from affected payment localities and all
sites of care; and
``(II) may not use a methodology that
assigns undue weight to the prevailing charge
levels for any one type of entity with a
contract under subsection (a).''.
(e) Prohibition.--The Secretary may not assign a code for a new
clinical diagnostic laboratory test that differs from the code
recommended by the American Medical Association Common Procedure
Terminology Editorial Panel and results in lower payment than would be
made if the Secretary accepted such recommendation solely on the basis
that the test is a test that may be performed by a laboratory with a
certificate of waiver under section 353(d)(2) of the Public Health
Service Act (42 U.S.C. 263a(d)(2)).
(f) Effective Dates.--
(1) Establishment of procedures.--The Secretary of Health
and Human Services shall establish the procedures required to
implement paragraphs (9), (10), and (11) of section 1833(h) of
the Social Security Act (42 U.S.C. 1395l(h)), as added by this
section, by not later than October 1, 2001.
(2) Inherent reasonableness; code assignment.--The
amendments made by subsections (d) and (e) shall apply to
determinations made on or after the date of the enactment of
this Act. | Medicare Patient Access to Preventive and Diagnostic Tests Act - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to: (1) establish procedures for determining the basis for, and amount of, Medicare payment for any clinical diagnostic laboratory test with respect to which a new or substantially revised Health Care Financing Administration Common Procedure Coding System (HCPCS) code is assigned on or after January 1, 2002; (2) set the national fee schedule amounts for tests performed; (3) establish a mechanism for review of the adequacy of payment amounts for a particular test; and (4) prohibit the Secretary from delegating the authority to make determinations with respect to clinical diagnostic laboratory tests to a regional office of the Health Care Financing Administration or to a certain contracted entity.Prohibits the Secretary from assigning a code for a new clinical diagnostic laboratory test that differs from the code recommended by the American Medical Association Common Procedure Terminology Editorial Panel and results in lower payment than would be made if the Secretary accepted such recommendation solely on the basis that the test is a test that may be performed by a laboratory with a certificate of waiver under the Public Health Service Act. | To amend title XVIII of the Social Security Act to establish procedures for determining payment amounts for new clinical diagnostic laboratory tests for which payment is made under the Medicare Program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Native and American Indian
Direct Reimbursement Act of 1998''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 1988, Congress enacted section 405 of the Indian
Health Care Improvement Act (25 U.S.C. 1645) that established a
demonstration program to authorize 4 tribally-operated Indian
Health Service hospitals or clinics to test methods for direct
billing and receipt of payment for health services provided to
patients eligible for reimbursement under the medicare or
medicaid programs under titles XVIII and XIX of the Social
Security Act (42 U.S.C. 1395 et seq.; 1396 et seq.), and other
third-party payors.
(2) The 4 participants selected by the Indian Health
Service for the demonstration program began the direct billing
and collection program in fiscal year 1989 and unanimously
expressed success and satisfaction with the program. Benefits
of the program include dramatically increased collections for
services provided under the medicare and medicaid programs, a
significant reduction in the turn-around time between billing
and receipt of payments for services provided to eligible
patients, and increased efficiency of participants being able
to track their own billings and collections.
(3) The success of the demonstration program confirms that
the direct involvement of tribes and tribal organizations in
the direct billing of, and collection of payments from, the
medicare and medicaid programs, and other third payor
reimbursements, is more beneficial to Indian tribes than the
current system of Indian Health Service-managed collections.
(4) Allowing tribes and tribal organizations to directly
manage their medicare and medicaid billings and collections,
rather than channeling all activities through the Indian Health
Service, will enable the Indian Health Service to reduce its
administrative costs, is consistent with the provisions of the
Indian Self-Determination Act, and furthers the commitment of
the Secretary to enable tribes and tribal organizations to
manage and operate their health care programs.
(5) The demonstration program was originally to expire on
September 30, 1996, but was extended by Congress to September
30, 1998, so that the current participants would not experience
an interruption in the program while Congress awaited a
recommendation from the Secretary of Health and Human Services
on whether to make the program permanent.
(6) It would be beneficial to the Indian Health Service and
to Indian tribes, tribal organizations, and Alaska Native
organizations to provide permanent status to the demonstration
program and to extend participation in the program to other
Indian tribes, tribal organizations, and Alaska Native health
organizations who operate a facility of the Indian Health
Service.
SEC. 3. DIRECT BILLING OF MEDICARE, MEDICAID, AND OTHER THIRD PARTY
PAYORS.
(a) Permanent Authorization.--Section 405 of the Indian Health Care
Improvement Act (25 U.S.C. 1645) is amended to read as follows:
``(a) Establishment of Direct Billing Program.--
``(1) In general.--The Secretary shall establish a program
under which Indian tribes, tribal organizations, and Alaska
Native health organizations that contract or compact for the
operation of a hospital or clinic of the Service under the
Indian Self-Determination and Education Assistance Act may
elect to directly bill for, and receive payment for, health
care services provided by such hospital or clinic for which
payment is made under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.) (in this section referred to as the
`medicare program'), under a State plan for medical
assistance approved under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) (in this section referred to as the `medicaid
program'), or from any other third party payor.
``(2) Application of 100 percent fmap.--The third sentence
of section 1905(b) of the Social Security Act (42 U.S.C.
1396d(b)) shall apply for purposes of reimbursement under the
medicaid program for health care services directly billed under
the program established under this section.
``(b) Direct Reimbursement.--
``(1) Use of funds.--Each hospital or clinic participating
in the program described in subsection (a) of this section
shall be reimbursed directly under the medicare and medicaid
programs for services furnished, without regard to the
provisions of section 1880(c) of the Social Security Act (42
U.S.C. 1395qq(c)) and sections 402(a) and 813(b)(2)(A), but all
funds so reimbursed shall first be used by the hospital or
clinic for the purpose of making any improvements in the
hospital or clinic that may be necessary to achieve or maintain
compliance with the conditions and requirements applicable
generally to facilities of such type under the medicare or
medicaid programs. Any funds so reimbursed which are in excess
of the amount necessary to achieve or maintain such conditions
shall be used--
``(A) solely for improving the health resources
deficiency level of the Indian tribe; and
``(B) in accordance with the regulations of the
Service applicable to funds provided by the Service
under any contract entered into under the Indian Self-
Determination Act (25 U.S.C. 450f et seq.).
``(2) Audits.--The amounts paid to the hospitals and
clinics participating in the program established under this
section shall be subject to all auditing requirements
applicable to programs administered directly by the Service and
to facilities participating in the medicare and medicaid
programs.
``(3) Secretarial oversight.--
``(A) Quarterly reports.--Subject to subparagraph
(B), the Secretary shall monitor the performance of
hospitals and clinics participating in the program
established under this section, and shall require such
hospitals and clinics to submit reports on the program
to the Secretary on a quarterly basis during the first
2 years of participation in the program and annually
thereafter.
``(B) Annual reports.--Any participant in the
demonstration program authorized under this section as
in effect on the day before the date of enactment of
the Alaska Native and American Indian Direct
Reimbursement Act of 1998 shall only be required to
submit annual reports under this paragraph.
``(4) No payments from special funds.--Notwithstanding
section 1880(c) of the Social Security Act (42 U.S.C.
1395qq(c)) or section 402(a), no payment may be made out of the
special funds described in such sections for the benefit of any
hospital or clinic during the period that the hospital or
clinic participates in the program established under this
section.
``(c) Requirements for Participation.--
``(1) Application.--Except as provided in paragraph (2)(B),
in order to be eligible for participation in the program
established under this section, an Indian tribe, tribal
organization, or Alaska Native health organization shall submit
an application to the Secretary that establishes to the
satisfaction of the Secretary that--
``(A) the Indian tribe, tribal organization, or
Alaska Native health organization contracts or compacts
for the operation of a facility of the Service;
``(B) the facility is eligible to participate in
the medicare or medicaid programs under section 1880 or
1911 of the Social Security Act (42 U.S.C. 1395qq;
1396j);
``(C) the facility meets the requirements that
apply to programs operated directly by the Service; and
``(D) the facility is accredited by an accrediting
body designated by the Secretary or has submitted a
plan, which has been approved by the Secretary, for
achieving such accreditation.
``(2) Approval.--
``(A) In general.--The Secretary shall review and
approve a qualified application not later than 90 days
after the date the application is submitted to the
Secretary unless the Secretary determines that any of
the criteria set forth in paragraph (1) are not met.
``(B) Grandfather of demonstration program
participants.--Any participant in the demonstration
program authorized under this section as in effect on
the day before the date of enactment of the Alaska
Native and American Indian Direct Reimbursement Act of 1998 shall be
deemed approved for participation in the program established under this
section and shall not be required to submit an application in order to
participate in the program.
``(C) Duration.--An approval by the Secretary of a
qualified application under subparagraph (A), or a
deemed approval of a demonstration program under
subparagraph (B), shall continue in effect as long as
the approved applicant or the deemed approved
demonstration program meets the requirements of this
section.
``(d) Examination and Implementation of Changes.--
``(1) In general.--The Secretary, acting through the
Service, and with the assistance of the Administrator of the
Health Care Financing Administration, shall examine on an
ongoing basis and implement--
``(A) any administrative changes that may be
necessary to facilitate direct billing and
reimbursement under the program established under this
section, including any agreements with States that may
be necessary to provide for direct billing under the
medicaid program; and
``(B) any changes that may be necessary to enable
participants in the program established under this
section to provide to the Service medical records
information on patients served under the program that
is consistent with the medical records information
system of the Service.
``(2) Accounting information.--The accounting information
that a participant in the program established under this
section shall be required to report shall be the same as the
information required to be reported by participants in the
demonstration program authorized under this section as in
effect on the day before the date of enactment of the Alaska
Native and American Indian Direct Reimbursement Act of 1998.
The Secretary may from time to time, after consultation with
the program participants, change the accounting information
submission requirements.
``(e) Withdrawal From Program.--A participant in the program
established under this section may withdraw from participation in the
same manner and under the same conditions that a tribe or tribal
organization may retrocede a contracted program to the Secretary under
authority of the Indian Self-Determination Act (25 U.S.C. 450 et seq.).
All cost accounting and billing authority under the program established
under this section shall be returned to the Secretary upon the
Secretary's acceptance of the withdrawal of participation in this
program.''.
(b) Conforming Amendments.--
(1) Section 1880 of the Social Security Act (42 U.S.C.
1395qq) is amended by adding at the end the following:
``(e) For provisions relating to the authority of certain Indian
tribes, tribal organizations, and Alaska Native health organizations to
elect to directly bill for, and receive payment for, health care
services provided by a hospital or clinic of such tribes or
organizations and for which payment may be made under this title, see
section 405 of the Indian Health Care Improvement Act (25 U.S.C.
1645).''.
(2) Section 1911 of the Social Security Act (42 U.S.C.
1396j) is amended by adding at the end the following:
``(d) For provisions relating to the authority of certain Indian
tribes, tribal organizations, and Alaska Native health organizations to
elect to directly bill for, and receive payment for, health care
services provided by a hospital or clinic of such tribes or
organizations and for which payment may be made under this title, see
section 405 of the Indian Health Care Improvement Act (25 U.S.C.
1645).''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 1998. | Alaska Native and American Indian Direct Reimbursement Act of 1998 - Amends the Indian Health Care Improvement Act to make permanent the demonstration program under which Indian tribes, tribal organizations, and Alaska Native health organizations that contract or compact for the operation of a hospital or clinic of the Indian Health Service may directly bill for, and receive payment for, health care services provided by such hospital or clinic for which payment is made under Medicare or Medicaid or from any other third party payor.
Requires participating hospitals and clinics to submit to the Secretary of Health and Human Services quarterly reports on the program during the first two years of participation and annual reports thereafter.
Provides for: (1) application to the Secretary by an Indian tribe, tribal organization, or Alaska Native health organization for participation of a Service facility in the program (the demonstration program was limited to four facilities); (2) the ongoing examination and implementation of necessary administrative changes to facilitate direct billing and reimbursement under the program; and (3) withdrawal from participation in the program. | Alaska Native and American Indian Direct Reimbursement Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nurse Loan Forgiveness Act of
2002''.
SEC. 2. ESTABLISHMENT OF PROGRAM.
(a) Stafford Loans.--Part B of title IV of the Higher Education Act
of 1965 is amended by inserting after section 428K (20 U.S.C. 1078-11)
the following new section:
``SEC. 428L. LOAN FORGIVENESS FOR NURSES.
``(a) Statement of Purpose.--It is the purpose of this section to
encourage individuals to enter and continue in the nursing profession.
``(b) Program Authorized.--From the amount appropriated under
subsection (g) for any fiscal year, the Secretary shall, in accordance
with subsection (c), carry out a program, through the holder of the
loan, of assuming the obligation to repay a qualified loan amount for a
loan made under section 428 or 428H for any borrower who--
``(1) has been employed for 3 consecutive calendar years as
a full-time registered nurse in a health care facility or a
health care setting approved by the Secretary of Health and
Human Services for purposes of this section; and
``(2) is not in default on a loan for which the borrower
seeks forgiveness.
``(c) Qualified Loans Amount.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary may, from funds appropriated under subsection (g)(1),
repay not more than $5,000 in the aggregate of the loan
obligation on a loan made under section 428 or 428H that is
outstanding after the completion of the third complete year of
nursing described in subsection (b)(1).
``(2) Additional amounts.--Notwithstanding the amount
specified in paragraph (1), the aggregate amount that the
Secretary may, from funds appropriated under subsection (g)(2),
repay is a total amount equal to not more than $12,000 for any
registered nurse who, in addition to meeting the requirements
of subsection (b), has been employed as required by such
subsection for 5 consecutive calendar years.
``(3) Award basis.--The Secretary shall make payments under
this subsection on a first-come first-served basis, subject to
the availability of appropriations.
``(4) Treatment of consolidation loans.--A loan amount for
a loan made under section 428C may be a qualified loan amount
for the purposes of this subsection only to the extent that
such loan amount was used to repay a Federal Direct Stafford
Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan
made under section 428 or 428H for a borrower who meets the
requirements of subsection (b), as determined in accordance
with regulations prescribed by the Secretary.
``(d) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(e) Construction.--Nothing in this section shall be construed to
authorize any refunding of any repayment of a loan.
``(f) Prevention of Double Benefits.--
``(1) National and community service.--No borrower may, for
the same service, receive a benefit under both this subsection
and subtitle D of title I of the National and Community Service
Act of 1990 (42 U.S.C. 12571 et seq.).
``(2) Direct loan forgiveness.--No borrower may receive a
reduction of loan obligations under both this section and
section 460A.
``(g) Authorization of Appropriations.--For fiscal year 2003 and
for each of the 4 succeeding fiscal years, there are authorized to be
appropriated such sums as may be necessary--
``(1) to repay loans in the amount specified in subsection
(c)(1); and
``(2) to repay loans in the additional amount specified in
subsection (c)(2).''.
(b) Direct Loans.--Part D of title IV of the Higher Education Act
of 1965 is amended by inserting after section 460 (20 U.S.C. 1087j) the
following new section:
``SEC. 460A. LOAN FORGIVENESS FOR NURSES.
``(a) Statement of Purpose.--It is the purpose of this section to
encourage individuals to enter and continue in the nursing profession.
``(b) Program Authorized.--From the amount appropriated under
subsection (g) for any fiscal year, the Secretary shall carry out a
program of canceling the obligation to repay a qualified loan amount in
accordance with subsection (c) for Federal Direct Stafford Loans and
Federal Direct Unsubsidized Stafford Loans made under this part for any
borrower who--
``(1) has been employed for 3 consecutive calendar years as
a full-time registered nurse in a health care facility or a
health care setting approved by the Secretary of Health and
Human Services for purposes of this section; and
``(2) is not in default on a loan for which the borrower
seeks forgiveness.
``(c) Qualified Loans Amount.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary may, from funds appropriated under subsection (g)(1),
cancel not more than $5,000 in the aggregate of the loan
obligation on a loan made under section 428 or 428H that is
outstanding after the completion of the third complete year of
nursing described in subsection (b)(1).
``(2) Additional amounts.--Notwithstanding the amount
specified in paragraph (1), the aggregate amount that the
Secretary may, from funds appropriated under subsection (g)(2),
cancel is a total amount equal to not more than $12,000 for any
registered nurse who, in addition to meeting the requirements
of subsection (b), has been employed as required by such
subsection for 5 consecutive calendar years.
``(3) Award basis.--The Secretary shall cancel loan amounts
under this subsection on a first-come first-served basis,
subject to the availability of appropriations.
``(4) Treatment of consolidation loans.--A loan amount for
a loan made under section 428C may be a qualified loan amount
for the purposes of this subsection only to the extent that
such loan amount was used to repay a Federal Direct Stafford
Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan
made under section 428 or 428H for a borrower who meets the
requirements of subsection (b), as determined in accordance
with regulations prescribed by the Secretary.
``(d) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(e) Construction.--Nothing in this section shall be construed to
authorize any refunding of any repayment of a loan.
``(f) Prevention of Double Benefits.--
``(1) National and community service.--No borrower may, for
the same service, receive a benefit under both this subsection
and subtitle D of title I of the National and Community Service
Act of 1990 (42 U.S.C. 12571 et seq.).
``(2) Stafford loan forgiveness.--No borrower may receive a
reduction of loan obligations under both this section and
section 428L.
``(g) Authorization of Appropriations.--For fiscal year 2003 and
for each of the 4 succeeding fiscal years, there are authorized to be
appropriated such sums as may be necessary--
``(1) to repay loans in the amount specified in subsection
(c)(1); and
``(2) to repay loans in the additional amount specified in
subsection (c)(2).''. | Nurse Loan Forgiveness Act of 2002 - Amends the Higher Education Act of 1965 (HEA) to include, under HEA student loan forgiveness and cancellation programs, nurses who serve three consecutive complete years in an approved health care facility or setting. | To establish a student loan forgiveness program for nurses. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom and Self-Determination for
the Former Soviet Union Act''.
SEC. 2. PROHIBITION ON FOREIGN ASSISTANCE TO RUSSIA.
(a) In General.--Foreign assistance may not be obligated or
expended for Russia for any fiscal year unless the President certifies
to the Congress for such fiscal year the following:
(1) The President has received satisfactory assurances from
the Government of Russia, which have been confirmed by the
Director of the Federal Bureau of Investigation, that the
intelligence activities of Russia in the United States are
confined to what is considered routine, non-adversarial
information gathering activities.
(2) Russia has begun, and is making continual progress
toward, the unconditional implementation of the Russian-
Moldovan troop withdrawal agreement, signed by the prime
ministers of Russia and Moldova on October 21, 1994.
(3) Russia is not providing military assistance to any
military forces in the Transdniestra region of Moldova.
(4) Russian troops in the Kaliningrad region of Russia are
respecting the sovereign territory of Lithuania and other
neighboring countries and such troops are not offensively
postured against any other country.
(5) The activities of Russia in the other independent
states of the former Soviet Union do not represent an attempt
by Russia to violate or otherwise diminish the sovereignty and
independence of such states.
(6) Russia is not providing military assistance to any
Bosnian Serb military units or combatants or to the Government
of the Federal Republic of Yugoslavia.
(7) The Government of Russia has ceased the unilateral
demarcation of the border between Russia and Estonia begun in
1994, is engaged in dialogue with the Government of Estonia to
resolve this border dispute, and has demonstrated a willingness
to submit this issue to international arbitration.
(8) Russia is not providing any intelligence information to
Cuba and is not providing any assistance to Cuba with respect
to the signal intelligence facility at Lourdes.
(9)(A) Russia is not providing to the countries described
in subparagraph (B) goods or technology, including conventional
weapons, which could materially contribute to the acquisition
by these countries of chemical, biological, nuclear, or
destabilizing numbers and types of advanced conventional
weapons.
(B) The countries described in this subparagraph are Iran,
Iraq, Syria, or any country, the government of which the
Secretary of State has determined, for purposes of section
6(j)(1) of the Export Administration Act of 1979 (50 U.S.C.
app. 2405(6)(j)(1)), has repeatedly provided support for acts
of international terrorism.
(10) Russia is in compliance with the Convention on the
Prohibition of the Development, Production and Stockpiling of
Bacteriological (Biological) and Toxin Weapons and on Their
Destruction, signed at Washington, London, and Moscow on April
10, 1972 (TIAS 8062).
(11) Russia is in compliance with the 1989 Wyoming
Memorandum of Understanding relating to the restriction of
chemical weapons.
(12) The Government of Russia is committed to reforming the
Russian economy along free-market lines, and is taking concrete
steps in this direction.
(b) Certifications for Fiscal Year 1995 and 1996.--In addition to
the requirements contained in subsection (a), with respect to each of
the fiscal years 1995 and 1996, foreign assistance may not be obligated
or expended for Russia unless the President certifies to the Congress
for each such fiscal year that the Government of Russia--
(1) has ceased its military offensive in Chechnya and is
committed to resolving the problem of the status of Chechnya
through negotiations; and
(2) has provided the President with a full and accurate
accounting of the espionage activities relating to the case of
Aldrich Hazen Ames of the Central Intelligence Agency and has
reimbursed the United States Government for all amounts paid by
Russia to Rosario Ames since her arrest in 1994.
(c) Report.--The President shall submit to the Congress for each
fiscal year a report containing the certifications required by
subsection (a), and with respect to each of the fiscal years 1995 and
1996, subsections (a) and (b). Such report shall be submitted in
unclassified and classified versions.
SEC. 3. ANNUAL REPORTS.
At the beginning of each fiscal year, the President and the
Comptroller General of the United States shall each submit to the
Congress a report containing the following:
(1) The amount of foreign assistance provided to Russia for
the preceding fiscal year, including--
(A) the name of each organization or entity to
which such assistance was provided;
(B) the purpose of such assistance; and
(C) an assessment of the effectiveness of such
assistance.
(2) A detailed accounting of the amount of foreign
assistance appropriated for Russia which has not been expended
and the status of such assistance.
(3) An estimate of the total amount of capital exported
from Russia during the previous fiscal year and an analysis of
the reasons for the export of such capital.
SEC. 4. REQUIREMENT TO OPPOSE ASSISTANCE TO RUSSIA FROM INTERNATIONAL
FINANCIAL INSTITUTIONS.
The President shall instruct the United States executive director
of each international financial institution to use the voice and vote
of the United States to oppose any assistance from that financial
institution to Russia unless Russia is in compliance with the
requirements contained in section 2.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) Foreign assistance.--The term ``foreign assistance''
means assistance under the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) or the Freedom for Russia and Emerging
Eurasian Democracies and Open Markets Support Act of 1992 (22
U.S.C. 5801 et seq.), except that such term does not include--
(A) humanitarian assistance;
(B) educational and cultural exchanges between the
United States and Russia;
(C) assistance provided by the National Endowment
for Democracy; and
(D) assistance for the purpose of destroying
nuclear weapons, chemical weapons, and other weapons,
and related assistance.
(2) Goods or technology.--The term ``goods or technology''
has the meaning given such term in section 1608(3) of the Iran-
Iraq Arms Non-Proliferation Act of 1992 (50 U.S.C. 1701 note).
(3) International financial institution.--The term
``international financial institution'' means the European Bank
for Reconstruction and Development, the International Bank for
Reconstruction and Development, the International Development
Association, the International Financial Corporation, or the
International Monetary Fund.
(4) Other independent states of the former soviet union.--
The term ``other independent states of the former Soviet
Union'' means the following: Armenia, Azerbaijan, Belarus,
Estonia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania,
Moldova, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.
SEC. 6. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act
shall apply only with respect to fiscal years beginning on or after the
date of the enactment of this Act.
(b) Exceptions.--In the case of the fiscal year in which this Act
is enacted--
(1) the prohibition contained in subsections (a) and (b) of
section 2 shall apply with respect to the obligation or
expenditure of foreign assistance on or after the date of the
enactment of this Act (including foreign assistance which has
been obligated but not expended before the date of the
enactment of this Act); and
(2) the requirement contained in section 4 shall apply with
respect to the provision of assistance by an international
financial institution on or after the date of the enactment of
this Act. | Freedom and Self-Determination for the Former Soviet Union Act - Prohibits foreign assistance from being obligated or expended for Russia for any fiscal year unless the President certifies to the Congress for such fiscal year that: (1) the President has received satisfactory assurances from the Government of Russia, which have been confirmed by the Federal Bureau of Investigation, that Russia's intelligence activities in the United States are confined to routine, non-adversarial information gathering; (2) Russia is making progress toward the unconditional implementation of the Russian-Moldovan troop withdrawal agreement and that the Russian Government is not providing military assistance to any military forces in the Transdniestra region of Moldova; (3) Russian troops in the Kaliningrad region of Russia are respecting the sovereign territory of Lithuania and neighboring countries and are not offensively postured against any other countries; (4) the activities of Russia in the independent states of the former Soviet Union do not represent an attempt by Russia to diminish the sovereignty and independence of such states; (5) Russia is not providing military assistance to any Bosnian Serb military units or to the Government of the Federal Republic of Yugoslavia; (6) the Russian Government has ceased the unilateral demarcation of the border between Russia and Estonia, is engaged in dialogue with Estonia to resolve the border dispute, and has demonstrated a willingness to submit this issue to international arbitration; (7) Russia is not providing any intelligence information to Cuba or assistance to Cuba with respect to the signal intelligence facility at Lourdes; (8) Russia is not providing goods or technology which could contribute to the acquisition of chemical, biological, nuclear, or advanced conventional weapons to Iran, Iraq, Syria, or other countries whose governments have provided support for international terrorism; (9) Russia is in compliance with a specified convention regarding biological weapons and the Wyoming Memorandum of Understanding on chemical weapons; and (10) Russia is committed to reforming the Russian economy along free-market lines.
Prohibits, with respect to FY 1995 and 1996, obligating or expending foreign assistance for Russia unless the President certifies to the Congress that the Russian Government has: (1) ceased its military offensive in Chechnya and is committed to resolving the status of Chechnya through negotiations; and (2) provided a full accounting of the espionage activities of Aldrich Ames and has reimbursed the United States for amounts paid to Rosario Ames since her arrest.
Requires the President and the Comptroller General to report to the Congress for each fiscal year: (1) the amount of foreign assistance provided to Russia for the preceding fiscal year; (2) a detailed accounting of the amount of foreign assistance appropriated which has not been expended and its status; and (3) an estimate of the total amount of capital exported from Russia during the previous fiscal year and an analysis of reasons for such export.
Directs the President to instruct the U.S. executive directors of the international financial institutions to oppose assistance to Russia unless Russia is in compliance with this Act's requirements. | Freedom and Self-Determination for the Former Soviet Union Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School Food Modernization Act''.
SEC. 2. LOAN GUARANTEES AND GRANTS TO FINANCE CERTAIN IMPROVEMENTS TO
SCHOOL LUNCH FACILITIES.
The Richard B. Russell National School Lunch Act is amended by
inserting after section 26 (42 U.S.C. 1769g) the following:
``SEC. 27. LOAN GUARANTEES AND GRANTS TO FINANCE CERTAIN IMPROVEMENTS
TO SCHOOL LUNCH FACILITIES.
``(a) Definitions.--In this section:
``(1) Durable equipment.--The term `durable equipment'
means durable food preparation, handling, cooking, serving, and
storage equipment greater than $500 in value.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a local educational agency or a school food
authority administering or operating a school lunch
program;
``(B) a tribal organization; or
``(C) a consortium that includes a local
educational agency or school food authority described
in subparagraph (A), a tribal organization, or both.
``(3) Infrastructure.--The term `infrastructure' means a
food storage facility, kitchen, food service facility,
cafeteria, dining room, or food preparation facility.
``(4) Local educational agency.--The term `local
educational agency' has the meaning given the term in section
8101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
``(5) School food authority.--The term `school food
authority' has the meaning given the term in section 210.2 of
title 7, Code of Federal Regulations (or a successor
regulation).
``(6) Tribal organization.--The term `tribal organization'
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(b) Loan Guarantees for Assistance to Schools for Infrastructure
Improvements and Durable Equipment Necessary To Provide Healthy Meals
Through School Lunch Programs.--
``(1) Authority to guarantee loans.--The Secretary shall
issue a loan guarantee to an eligible entity for purposes of
financing the construction, remodeling, or expansion of
infrastructure or the purchase of durable equipment that the
Secretary determines will assist the eligible entity in
providing healthy meals through a school lunch program.
``(2) Competitive basis.--Subject to paragraph (3), the
Secretary shall select eligible entities to receive a loan
guarantee under this subsection on a competitive basis.
``(3) Preferences.--In issuing a loan guarantee under this
subsection, the Secretary shall give a preference to an
eligible entity that, as compared with other eligible entities
seeking a loan guarantee under this subsection, the Secretary
determines demonstrates substantial or disproportionate--
``(A) need for infrastructure improvement; or
``(B) durable equipment need or impairment.
``(4) Oversight.--The Secretary shall establish procedures
to enable the Secretary to oversee the construction,
remodeling, or expansion of infrastructure or the purchase of
durable equipment for which a loan guarantee is issued under
this subsection.
``(5) Guarantee amount.--A loan guarantee issued under this
subsection may not guarantee more than 80 percent of the
principal amount of the loan.
``(6) Fees.--The Secretary shall establish fees with
respect to loan guarantees under this subsection that, as
determined by the Secretary--
``(A) are sufficient to cover all the
administrative costs to the Federal Government for the
operation of the program;
``(B) may be in the form of an application or
transaction fee, or interest rate adjustment; and
``(C) may be based on the risk premium associated
with the loan or loan guarantee, taking into
consideration--
``(i) the price of Treasury obligations of
a similar maturity;
``(ii) prevailing market conditions;
``(iii) the ability of the eligible
infrastructure project to support the loan
guarantee; and
``(iv) the total amount of the loan
guarantee.
``(7) Funding.--
``(A) In general.--To provide loan guarantees under
this subsection, the Secretary shall reserve
$300,000,000 of the loan guarantee authority remaining
and unobligated as of the date of enactment of the
School Food Modernization Act under the program of
community facility guaranteed loans under section
306(a) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926(a)).
``(B) Technical assistance.--The Secretary may use
not more than 5 percent of the amount made available to
carry out this subsection for each fiscal year to
provide technical assistance to applicants and
prospective applicants in preparing applications and
creating financing packages that leverage a mix of
public and private funding sources.
``(c) Equipment Grants.--
``(1) Authority to make grants.--Beginning in fiscal year
2018 and subject to the availability of appropriations, the
Secretary shall make grants, on a competitive basis, to
eligible entities to assist the eligible entities in purchasing
the durable equipment and infrastructure needed to serve
healthier meals and improve food safety.
``(2) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to--
``(A) eligible entities in States that have enacted
comparable statutory grant funding mechanisms or that
have otherwise appropriated funds to assist eligible
entities in purchasing the durable equipment and
infrastructure needed to serve healthier meals and
improve food safety, as determined by the Secretary;
and
``(B) eligible entities that have identified and
are reasonably expected to meet an unmet local or
community need, including through--
``(i) a public-private partnership or
partnership with a food pantry or other low-
income assistance agency; or
``(ii) the provision for or allowance of
kitchen or cafeteria usage by related or
outside community organizations.
``(3) Federal share.--
``(A) In general.--The Federal share of costs for
assistance funded through a grant awarded under this
subsection shall not exceed 80 percent of the total
cost of the durable equipment or infrastructure.
``(B) Matching.--As a condition on receiving a
grant under this subsection, an eligible entity shall
provide matching support in the form of cash or in-kind
contributions.
``(C) Waiver.--The Secretary may waive or vary the
requirements of subparagraphs (A) and (B) if the
Secretary determines that undue hardship or effective
exclusion from participation in the grant program under
this subsection would otherwise result.
``(4) Authorization of appropriations.--
``(A) In general.--There are authorized to be
appropriated such sums as may be necessary to carry out
this subsection for fiscal year 2018 and each
subsequent fiscal year.
``(B) Technical assistance.--The Secretary may use
not more than 5 percent of the amount made available to
carry out this subsection for each fiscal year to
provide technical assistance to applicants and
prospective applicants in preparing applications and
creating financing packages that leverage a mix of
public and private funding sources.''.
SEC. 3. TRAINING AND TECHNICAL ASSISTANCE FOR SCHOOL FOOD SERVICE
PERSONNEL.
The Richard B. Russell National School Lunch Act is amended by
inserting after section 21 (42 U.S.C. 1769b-1) the following:
``SEC. 21A. TRAINING AND TECHNICAL ASSISTANCE FOR SCHOOL FOOD SERVICE
PERSONNEL.
``(a) In General.--The Secretary shall carry out a grant program
under which the Secretary shall award grants, on a competitive basis,
to provide support to eligible third-party training institutions
described in subsection (b) to develop and administer training and
technical assistance for school food service personnel to meet
nutrition standards under section 4(b)(3) and improve efficacy and
efficiency of the school lunch program under this Act and the school
breakfast program established by section 4 of the Child Nutrition Act
of 1966 (42 U.S.C. 1773).
``(b) Criteria for Eligible Third-Party Institutions.--The
Secretary shall establish specific criteria that eligible third-party
training institutions shall meet to qualify to receive grants under
this section, which shall include--
``(1) a demonstrated capacity to administer effective
training and technical assistance programming to school food
service personnel;
``(2) prior, successful experience in providing or engaging
in training and technical assistance programming or applied
research activities involving eligible entities, school food
service administrators, or directors;
``(3) prior, successful experience in developing relevant
educational training tools or course materials or curricula on
topics addressing child and school nutrition or the updated
nutrition standards under section 4(b)(3); and
``(4) the ability to deliver effective and cost-efficient
training and technical assistance programming to school food
service personnel--
``(A) at training sites that are located within a
proximate geographic distance to schools, central
kitchens, or other worksites; or
``(B) through an online training and assistance
program on topics that do not require in-person
attendance.
``(c) Program Assistance.--The Secretary shall assist the
institutions receiving grants under this section in publicizing and
disseminating training and other project materials and online tools to
the maximum extent practicable.
``(d) Federal Share.--
``(1) In general.--The Federal share of costs for training
and technical assistance funded through a grant awarded under
this section shall not exceed 80 percent of the total cost of
the training and technical assistance.
``(2) Matching.--As a condition of receiving a grant under
this section, the eligible third-party training institution
shall provide matching support in the form of cash or in-kind
contributions.
``(e) Oversight.--The Secretary shall establish procedures to
enable the Secretary--
``(1) to oversee the administration and operation of
training and technical assistance funded through grants awarded
under this section; and
``(2) to ensure that the training and assistance is
operated consistent with the goals and requirements of this
Act.
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
such sums as may be necessary to carry out this section for
fiscal year 2018 and each subsequent fiscal year.
``(2) Technical assistance.--The Secretary may use not more
than 5 percent of the amount made available to carry out this
section for each fiscal year to provide technical assistance to
applicants and prospective applicants in preparing applications
and creating financing packages that leverage a mix of public
and private funding sources.''.
SEC. 4. REPORT TO CONGRESS.
Not later than 1 year after funds are made available to carry out
the amendments made by this Act, and annually thereafter, the Secretary
of Agriculture shall submit to Congress a report on the progress of the
Secretary in implementing the amendments made by this Act. | School Food Modernization Act This bill amends the Richard B. Russell National School Lunch Act to direct the Department of Agriculture (USDA) to issue loan guarantees to local educational agencies (LEAs), school food authorities, tribal organizations, and other eligible entities to finance infrastructure improvements or equipment purchases to facilitate their provision of healthy meals through the school lunch program. USDA must give preference to applicants that demonstrate a substantial or disproportionate need for food service infrastructure or durable equipment, and shall establish fees for the loan guarantee program that are sufficient to cover the federal government's administrative costs in operating the program. USDA must also award competitive matching grants to assist LEAs, school food authorities, tribal organizations, and other eligible entities in purchasing the durable equipment and infrastructure they need to serve healthier meals and improve food safety. In doing so, USDA must give grant priority to applicants that: (1) have identified and are reasonably expected to meet an unmet local or community need, and (2) are located in states that have enacted funding measures to assist them with such purchases. In addition, USDA must award competitive matching grants to experienced third-party training institutions to provide school food service personnel with the training and technical assistance they need to: (1) meet school lunch program nutrition standards, and (2) improve the efficacy and efficiency of the school lunch and breakfast programs. | School Food Modernization Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North American Energy Infrastructure
Act''.
SEC. 2. FINDING.
Congress finds that the United States should establish a more
uniform, transparent, and modern process for the construction,
connection, operation, and maintenance of oil and natural gas pipelines
and electric transmission facilities for the import and export of oil
and natural gas and the transmission of electricity to and from Canada
and Mexico, in pursuit of a more secure and efficient North American
energy market.
SEC. 3. AUTHORIZATION OF CERTAIN ENERGY INFRASTRUCTURE PROJECTS AT THE
NATIONAL BOUNDARY OF THE UNITED STATES.
(a) Authorization.--Except as provided in subsection (c) and
section 7, no person may construct, connect, operate, or maintain a
cross-border segment of an oil pipeline or electric transmission
facility for the import or export of oil or the transmission of
electricity to or from Canada or Mexico without obtaining a certificate
of crossing for the construction, connection, operation, or maintenance
of the cross-border segment under this section.
(b) Certificate of Crossing.--
(1) Requirement.--Not later than 120 days after final
action is taken under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) with respect to a cross-border
segment for which a request is received under this section, the
relevant official identified under paragraph (2), in
consultation with appropriate Federal agencies, shall issue a
certificate of crossing for the cross-border segment unless the
relevant official finds that the construction, connection,
operation, or maintenance of the cross-border segment is not in
the public interest of the United States.
(2) Relevant official.--The relevant official referred to
in paragraph (1) is--
(A) the Secretary of State with respect to oil
pipelines; and
(B) the Secretary of Energy with respect to
electric transmission facilities.
(3) Additional requirement for electric transmission
facilities.--In the case of a request for a certificate of
crossing for the construction, connection, operation, or
maintenance of a cross-border segment of an electric
transmission facility, the Secretary of Energy shall require,
as a condition of issuing the certificate of crossing for the
request under paragraph (1), that the cross-border segment of
the electric transmission facility be constructed, connected,
operated, or maintained consistent with all applicable policies
and standards of--
(A) the Electric Reliability Organization and the
applicable regional entity; and
(B) any Regional Transmission Organization or
Independent System Operator with operational or
functional control over the cross-border segment of the
electric transmission facility.
(c) Exclusions.--This section shall not apply to any construction,
connection, operation, or maintenance of a cross-border segment of an
oil pipeline or electric transmission facility for the import or export
of oil or the transmission of electricity to or from Canada or Mexico--
(1) if the cross-border segment is operating for such
import, export, or transmission as of the date of enactment of
this Act;
(2) if a permit described in section 6 for such
construction, connection, operation, or maintenance has been
issued;
(3) if a certificate of crossing for such construction,
connection, operation, or maintenance has previously been
issued under this section; or
(4) if an application for a permit described in section 6
for such construction, connection, operation, or maintenance is
pending on the date of enactment of this Act, until the earlier
of--
(A) the date on which such application is denied;
or
(B) July 1, 2016.
(d) Effect of Other Laws.--
(1) Application to projects.--Nothing in this section or
section 7 shall affect the application of any other Federal
statute to a project for which a certificate of crossing for
the construction, connection, operation, or maintenance of a
cross-border segment is sought under this section.
(2) Natural gas act.--Nothing in this section or section 7
shall affect the requirement to obtain approval or
authorization under sections 3 and 7 of the Natural Gas Act for
the siting, construction, or operation of any facility to
import or export natural gas.
(3) Energy policy and conservation act.--Nothing in this
section or section 7 shall affect the authority of the
President under section 103(a) of the Energy Policy and
Conservation Act.
SEC. 4. IMPORTATION OR EXPORTATION OF NATURAL GAS TO CANADA AND MEXICO.
Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is amended
by adding at the end the following: ``No order is required under
subsection (a) to authorize the export or import of any natural gas to
or from Canada or Mexico.''.
SEC. 5. TRANSMISSION OF ELECTRIC ENERGY TO CANADA AND MEXICO.
(a) Repeal of Requirement To Secure Order.--Section 202(e) of the
Federal Power Act (16 U.S.C. 824a(e)) is repealed.
(b) Conforming Amendments.--
(1) State regulations.--Section 202(f) of the Federal Power
Act (16 U.S.C. 824a(f)) is amended by striking ``insofar as
such State regulation does not conflict with the exercise of
the Commission's powers under or relating to subsection
202(e)''.
(2) Seasonal diversity electricity exchange.--Section
602(b) of the Public Utility Regulatory Policies Act of 1978
(16 U.S.C. 824a-4(b)) is amended by striking ``the Commission
has conducted hearings and made the findings required under
section 202(e) of the Federal Power Act'' and all that follows
through the period at the end and inserting ``the Secretary has
conducted hearings and finds that the proposed transmission
facilities would not impair the sufficiency of electric supply
within the United States or would not impede or tend to impede
the coordination in the public interest of facilities subject
to the jurisdiction of the Secretary.''.
SEC. 6. NO PRESIDENTIAL PERMIT REQUIRED.
No Presidential permit (or similar permit) required under Executive
Order No. 13337 (3 U.S.C. 301 note), Executive Order No. 11423 (3
U.S.C. 301 note), section 301 of title 3, United States Code, Executive
Order No. 12038, Executive Order No. 10485, or any other Executive
order shall be necessary for the construction, connection, operation,
or maintenance of an oil or natural gas pipeline or electric
transmission facility, or any cross-border segment thereof.
SEC. 7. MODIFICATIONS TO EXISTING PROJECTS.
No certificate of crossing under section 3, or permit described in
section 6, shall be required for a modification to the construction,
connection, operation, or maintenance of an oil or natural gas pipeline
or electric transmission facility--
(1) that is operating for the import or export of oil or
natural gas or the transmission of electricity to or from
Canada or Mexico as of the date of enactment of the Act;
(2) for which a permit described in section 6 for such
construction, connection, operation, or maintenance has been
issued; or
(3) for which a certificate of crossing for the cross-
border segment of the pipeline or facility has previously been
issued under section 3.
SEC. 8. EFFECTIVE DATE; RULEMAKING DEADLINES.
(a) Effective Date.--Sections 3 through 7, and the amendments made
by such sections, shall take effect on July 1, 2015.
(b) Rulemaking Deadlines.--Each relevant official described in
section 3(b)(2) shall--
(1) not later than 180 days after the date of enactment of
this Act, publish in the Federal Register notice of a proposed
rulemaking to carry out the applicable requirements of section
3; and
(2) not later than 1 year after the date of enactment of
this Act, publish in the Federal Register a final rule to carry
out the applicable requirements of section 3.
SEC. 9. DEFINITIONS.
In this Act--
(1) the term ``cross-border segment'' means the portion of
an oil or natural gas pipeline or electric transmission
facility that is located at the national boundary of the United
States with either Canada or Mexico;
(2) the term ``modification'' includes a reversal of flow
direction, change in ownership, volume expansion, downstream or
upstream interconnection, or adjustment to maintain flow (such
as a reduction or increase in the number of pump or compressor
stations);
(3) the term ``natural gas'' has the meaning given that
term in section 2 of the Natural Gas Act (15 U.S.C. 717a);
(4) the term ``oil'' means petroleum or a petroleum
product;
(5) the terms ``Electric Reliability Organization'' and
``regional entity'' have the meanings given those terms in
section 215 of the Federal Power Act (16 U.S.C. 824o); and
(6) the terms ``Independent System Operator'' and
``Regional Transmission Organization'' have the meanings given
those terms in section 3 of the Federal Power Act (16 U.S.C.
796).
Passed the House of Representatives June 24, 2014.
Attest:
KAREN L. HAAS,
Clerk. | North American Energy Infrastructure Act - (Sec. 3) Prohibits any person from constructing, connecting, operating, or maintaining a cross-border segment of an oil or natural gas pipeline or electric transmission facility at the national boundary of the United States for the import or export of oil, natural gas, or electricity to or from Canada or Mexico without obtaining a certificate of crossing under this Act. Requires the Secretary of State, with respect to oil pipelines, or the Secretary of Energy (DOE), with respect to electric transmission facilities, to issue a certificate of crossing for the cross-border segment within 120 days after final action is taken under the National Environmental Policy Act of 1969 (NEPA), unless it is not in U.S. public interest. Directs DOE, as a condition of issuing a certificate, to require that the cross-border segment be constructed, connected, operated, or maintained consistent with the policies and standards of: (1) the Electric Reliability Organization and the applicable regional entity, and (2) any Regional Transmission Organization or Independent System Operator with operational or functional control over the segment. Exempts from such requirement any construction, connection, operation, or maintenance of a cross-border segment if: (1) it is operating for import, export, or electrical transmission upon the date of enactment of this Act; (2) the relevant permit or certificate of crossing has previously been issued under this Act; or (3) an permit application is pending on the date of enactment of this Act, until it is denied or July 1, 2016, whichever occurs first. Retains: (1) the requirement to obtain approval or authorization under the Natural Gas Act for the siting, construction, or operation of any facility to import or export natural gas, and (2) certain authority of the President under the Energy Policy and Conservation Act (EPCA). (Sec. 4) Amends the Natural Gas Act to declare that no order of the Federal Energy Regulatory Commission (FERC) is required for the export or import of natural gas to or from Canada or Mexico. (Sec. 5) Amends the Federal Power Act to repeal the requirement that the transmission of electric energy to a foreign country necessitates prior authorization by FERC. (Sec. 6) Declares that no Presidential permit shall be necessary for the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility, including any cross-border segment. (Sec. 7) Declares that no certificate of crossing or permit shall be required for a modification to the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility that: (1) operates for the import or export of oil or natural gas or the transmission of electricity to or from Canada or Mexico as of the date of enactment of this Act; (2) for which a permit for such construction, connection, operation, or maintenance has been issued; or (3) for which a certificate of crossing for the cross-border segment of the pipeline or facility has previously been issued. (Sec. 8) Sets forth deadlines for rulemaking. | North American Energy Infrastructure Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Patient Access to
Emergency Medications Act of 2016''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the use of controlled substances by emergency medical
services agencies to administer medical care and medicines to
individuals in the field is essential to save lives, manage
pain, and improve health outcomes;
(2) the unique nature of mobile emergency medical services
is unlike other healthcare services governed by the Controlled
Substances Act (21 U.S.C. 801 et seq.) in that it requires the
provision of time-sensitive and mobile medical care to
individuals with critical injuries and illnesses in the field
and movement of such individuals to definitive care;
(3) there have been few investigations by the Drug
Enforcement Administration related to diversion in emergency
medical services;
(4) one recent survey of large emergency medical services
agencies in the United States showed less than 20 diversions or
investigations for nearly 70,000 doses of controlled substances
administered;
(5) regulatory oversight to prevent diversion is essential
in all health care settings, including emergency medical
services;
(6) such oversight shall be carefully tailored to recognize
unique care delivery models, including the provision of medical
care to individuals by emergency medical services practitioners
under the supervision of a physician medical director; and
(7) such oversight should further promote uniformity of
rules, application and enforcement to prevent diversion and
establish clear guidelines within emergency medical services
while also recognizing the variety of emergency medical
services agencies including governmental, nongovernmental,
private, and volunteer emergency medical services agencies.
SEC. 3. EMERGENCY MEDICAL SERVICES.
Part C of the Controlled Substances Act (21 U.S.C. 821 et seq.) is
amended by adding at the end the following:
``SEC. 312. EMERGENCY MEDICAL SERVICES.
``(a) Definitions.--In this section--
``(1) the term `emergency medical services' means emergency
medical response, and emergency mobile medical services,
provided outside of a medical facility;
``(2) the term `emergency medical services agency' means an
organization providing emergency medical services, including an
organization that--
``(A) is governmental (including a fire-based
agency), nongovernmental (including a hospital-based
agency), private, or volunteer-based; and
``(B) provides emergency medical services by
ground, air, or otherwise;
``(3) the term `emergency medical services practitioner'
means a health care practitioner (including a nurse, a
paramedic, or an emergency medical technician) licensed or
certified by a State and credentialed by a medical director of
the respective emergency medical services agency to provide
emergency medical services to individuals within the scope of
the State license or certification of the practitioner;
``(4) the term `medical director' means a physician
providing medical oversight for an emergency medical services
agency;
``(5) the term `medical oversight' means supervision of
medical operations of an emergency medical services agency;
``(6) the term `standing order' means a written medical
protocol in which a medical director prescribes in advance the
medical criteria to be followed by emergency medical services
practitioners in administering a controlled substance to an
individual in need of emergency medical services;
``(7) the term `verbal order' means a verbal prescription
to be followed by an emergency medical services practitioner in
administering a controlled substance to an individual in need
of emergency medical services;
``(8) the term `online medical direction' means verbal
instructions provided by a physician to an emergency medical
services practitioner with regard to patient care and
treatment, including by radio or telephone; and
``(9) the term `registrant emergency medical services
agency' means an emergency medical services agency that
registers under subsection (b) or a hospital that--
``(A) owns and operates an emergency medical
services agency; and
``(B) is registered under its own hospital license.
``(b) Registration.--
``(1) In general.--For the purpose of enabling emergency
medical services practitioners to dispense controlled
substances in schedule II, III, IV, or V to ultimate users
receiving emergency medical services, the Attorney General
shall, at the request of the emergency medical services agency
employing such practitioners, register such emergency medical
services agency under section 303(f) in lieu of registering the
individual practitioners or 1 or more medical directors of such
agency.
``(2) Single registration.--In registering an emergency
medical services agency pursuant to paragraph (1), the Attorney
General shall require a single registration per State, not a
separate registration for each location of the emergency
medical services agency.
``(3) Guidance to registrants.--For purposes of providing
guidance to registrant emergency medical services agencies, the
Attorney General shall tailor such guidance to recognize--
``(A) the existing delivery of medical care and
medical oversight to patients with emergency medical
conditions; and
``(B) the variety of emergency medical service care
delivery models provided by emergency medical services
agencies.
``(c) Medical Oversight.--
``(1) In general.--Notwithstanding section 309--
``(A) a registrant emergency medical services
agency shall have 1 or more medical directors
responsible for medical oversight of the provision of
emergency medical services by the agency;
``(B) the medical director shall be a physician
licensed by the State in which the physician practices
medicine and in which the emergency medical services
agency is located;
``(C) subject to the authority provided by the
State or a political subdivision or other delegated
authority of such State, the responsibilities of the
medical director may include--
``(i) decisions with regard to
transportation destination of patients;
``(ii) approving all medical protocols,
including standing orders;
``(iii) overseeing patient care delivered
by emergency medical services practitioners of
the emergency medical services agency,
including--
``(I) the evaluation, treatment,
and interventions of patients;
``(II) online medical direction;
and
``(III) establishing drug
formularies and the dispensing and
administering of all medications and
controlled substances to patients;
``(iv) overseeing medical education and
training programs for emergency medical
services practitioners; and
``(v) overseeing quality improvement for
the emergency medical services agency; and
``(D) subject to the authority provided by the
State or a political subdivision or other delegated
authority of such State, controlled substances in
schedule II, III, IV, or V may be administered by the
emergency medical services practitioners of a
registrant emergency medical services agency in the
course of providing emergency medical services pursuant
to--
``(i) a standing order issued by 1 or more
medical directors of such agency; or
``(ii) an online medical direction that
includes a verbal order issued by 1 or more
medical directors, or other licensed physician,
in accordance with a policy of such agency
under the following circumstances--
``(I) the emergency medical
services practitioners request such an
order with regard to a specific patient
and the medical director verbally
provides such an order;
``(II) the medical director
provides verbal orders upon dispatching
emergency medical services
practitioners responding to an
unanticipated mass casualty incident;
or
``(III) other specific patient
situations in which the medical
director identifies a need to provide
such an order to ensure proper care and
treatment to patients.
``(2) Impermissible limitations on allowable
prescriptions.--In the case of administering a controlled
substance under paragraph (1), the medical directors of the
registrant emergency medical services agency shall not be
required--
``(A) to be present; or
``(B) to provide a written or oral prescription
with regard to a known individual before or at the time
of such administering.
``(3) Documentation.--
``(A) In general.--A registrant emergency medical
services agency shall keep any such standing order on
file and make such standing order available to the
Attorney General upon the request of the Attorney
General.
``(B) Policy.--A registrant emergency medical
services agency shall have a policy requiring
practitioners to document in the patient care chart a
verbal order was received from online medical direction
and a controlled substance was administered. Any such
administration of a controlled substance shall be
documented in the patient care chart as soon as
practicable and available to the Attorney General upon
the request of the Attorney General.
``(d) Receipt, Movement, and Storage of Controlled Substances.--
``(1) Receipt.--The registrant emergency medical services
agency--
``(A) may receive controlled substances at any
location of the agency designated by the agency for
such receipt; and
``(B) may not receive controlled substances at any
location not so designated.
``(2) Movement and delivery.--The registrant emergency
medical services agency may move or deliver controlled
substances within the possession of such agency between any
locations of such agency. A registrant emergency medical
services agency shall not be treated as a distributor of
controlled substances under this Act by reason of such movement
or distribution.
``(3) Storage.--Such agency--
``(A) may store controlled substances at any
location of the agency designated by the agency for
such storage; and
``(B) may not store controlled substances at any
location not so designated.
``(e) Rule of Construction.--Nothing in this section shall be
construed to--
``(1) alter any requirements under titles XVIII or XIX of
the Social Security Act; or
``(2) limit the authority vested in the Attorney General to
enforce diversion of controlled substances otherwise provided
in this Act.''. | Protecting Patient Access to Emergency Medications Act of 2016 This bill amends the Controlled Substances Act to direct the Drug Enforcement Administration (DEA) to register an emergency medical services (EMS) agency as an entity authorized to dispense controlled substances, instead of registering the individual practitioners or medical directors of the agency. A registered EMS agency must be overseen by one or more medical directors. The bill specifies that an EMS practitioner who is employed by a registered EMS agency may administer controlled substances under a standing order issued by a medical director. The standing order does not have to be specific to an individual patient. An EMS agency must keep the standing order on file and make it available to the DEA upon request. | Protecting Patient Access to Emergency Medications Act of 2016 |
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, as directed by any person designated to act on
behalf of the patient, provide or verify the contact lens
prescription by electronic or other means.
(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);
(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); or
(3) require the patient to sign a waiver or release as a
condition of verifying or releasing a prescription.
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 issue date of the
prescription;
(2) not less than one year after the issue date of the
prescription if such State law specifies no date or a date that
is less than one year after the issue date of the prescription;
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 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.
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. 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. 8. 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. 9. EFFECTIVE DATE.
This Act shall take effect 60 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: (1) on the date specified by the law of the State involved, if that date is one year or more after the issue date of the prescription; or (2) not less than one year after the issue date of the prescription, if such State law specifies no date or a date that is less than one year after the date of the prescription. Permits an exception in either instance 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. | To provide for availability of contact lens prescriptions to patients, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eastern Band of Cherokee Indians
Land Exchange Act of 2002''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Since time immemorial, the ancestors of the Eastern
Band of Cherokee Indians have lived in the Great Smoky
Mountains of North Carolina. The Eastern Band's ancestral
homeland includes much of seven eastern States and the land
that now constitutes the Great Smoky Mountains National Park.
(2) The Eastern Band has proposed a land exchange with the
National Park Service and has spent over $1,500,000 for studies
to thoroughly inventory the environmental and cultural
resources of the proposed land exchange parcels.
(3) Such land exchange would benefit the American public by
enabling the National Park Service to acquire the Yellow Face
tract, comprising 218 acres of land adjacent to the Blue Ridge
Parkway.
(4) Acquisition of the Yellow Face tract for protection by
the National Park Service would serve the public interest by
preserving important views for Blue Ridge Parkway visitors,
preserving habitat for endangered species and threatened
species including the northern flying squirrel and the rock
gnome lichen, preserving valuable high altitude wetland seeps,
and preserving the property from rapidly advancing residential
development.
(5) The proposed land exchange would also benefit the
Eastern Band by allowing it to reclaim the Ravensford tract,
comprising 144 acres adjacent to the Tribe's trust territory in
Cherokee, North Carolina, and currently within the Great Smoky
Mountains National Park. The Ravensford tract is part of the
Tribe's ancestral homeland as evidenced by archaeological finds
dating back no less than 6,000 years.
(6) The Eastern Band has a critical need to replace the
current Cherokee Elementary School, which was built by the
Department of the Interior over 40 years ago with a capacity of
480 students. The school now hosts 794 students in dilapidated
buildings and mobile classrooms at a dangerous highway
intersection in downtown Cherokee, North Carolina.
(7) The Eastern Band ultimately intends to build a new
three-school campus to serve as an environmental, cultural, and
educational ``village,'' where Cherokee language and culture
can be taught alongside the standard curriculum.
(8) The land exchange and construction of this educational
village will benefit the American public by preserving Cherokee
traditions and fostering a vibrant, modern, and well-educated
Indian nation.
(9) The land exchange will also reunify tribal lands now
separated between the Big Cove Community and the balance of the
Qualla Boundary, reestablishing the territorial integrity of
the Eastern Band.
(10) The Ravensford tract contains no threatened species or
endangered species listed pursuant to the Endangered Species
Act of 1973. The 218-acre Yellow Face tract has a number of
listed threatened species and endangered species and a higher
appraised value than the 144-acre Ravensford tract.
(11) The Congress and the Department of the Interior have
approved land exchanges in the past when the benefits to the
public and requesting party are clear, as they are in this
case.
(b) Purposes.--The purposes of this Act are the following:
(1) To acquire the Yellow Face tract for protection by the
National Park Service, in order to preserve the Waterrock Knob
area's spectacular views, pristine wetlands, and endangered
species and threatened species from encroachment by housing
development, for the benefit and enjoyment of the American public.
(2) To transfer the Ravensford tract, to be held in trust
by the Department of the Interior for the benefit of the
Eastern Band of Cherokee Indians, in order to provide for an
education facility that promotes the cultural integrity of the
Eastern Band and to reunify two Cherokee communities that were
historically contiguous.
(3) To promote cooperative activities and partnerships
between the Eastern Band and the National Park Service within
the Eastern Band's ancestral homelands.
SEC. 3. LAND EXCHANGE.
(a) In General.--Within 90 days after the effective date of this
Act, the Secretary of the Interior shall exchange the Ravensford tract,
currently in the Great Smoky Mountains National Park, for the Yellow
Face tract adjacent to the Waterrock Knob Visitor Center on the Blue
Ridge Parkway.
(b) Treatment of Exchanged Lands.--Effective upon receipt by the
Secretary of a deed for the lands comprising the Yellow Face tract (as
described in subsection (c)) to the United States, all right, title,
and interest of the United States in and to the Ravensford tract, (as
described in subsection (d)), including all improvements and
appurtenances, are declared to be held in trust by the United States
for the benefit of the Eastern Band of Cherokee Indians as part of the
Cherokee Indian Reservation.
(c) Yellow Face Tract.--To effectuate this land exchange, the
Eastern Band shall cause the following lands to be deeded to the United
States. Parcels 88 and 89 of the Hornbuckle Tract, Yellow Face Section,
Qualla Township, Jackson County, North Carolina, consisting
respectively of 110.4 and 108.2 acres more or less, together with all
improvements and appurtenances thereto. The lands shall thereafter be
included within the boundary of and managed as part of the Blue Ridge
Parkway by the National Park Service.
(d) Ravensford Tract.--The lands declared by subsection (b) to be
held in trust for the Eastern Band of Cherokee Indians are as follows:
The tract currently located within the Great Smoky Mountains National
Park and identified on Map No. 133/80020, entitled ``Ravensford Land
Exchange Tract'', as on file and available for public inspection in the
appropriate offices of the National Park Service and the Bureau of
Indian Affairs, consisting of 144 acres more or less.
(e) Legal Descriptions.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Interior shall file a legal
description of the areas described in subsections (c) and (d) with the
Committee on Resources of the House of Representatives and the
Committee on Indian Affairs and the Committee on Energy and Natural
Resources of the Senate. Such legal descriptions shall have the same
force and effect as if the information contained in the description
were included in those subsections except that the Secretary may
correct clerical and typographical errors in such legal descriptions.
The legal descriptions shall be on file and available for public
inspection in the offices of the National Park Service and the Bureau
of Indian Affairs.
SEC. 4. IMPLEMENTATION PROCESS.
(a) Government-to-Government Agreements.--In order to fulfill the
purposes of this Act and to establish cooperative partnerships for
purposes of this Act the Director of the National Park Service and the
Eastern Band of Cherokee Indians shall enter into government-to-
government consultations and shall develop protocols to review planned
construction on the Ravensford tract. The Director of the National Park
Service is authorized to enter into cooperative agreements with the
Eastern Band for the purpose of providing training, management,
protection, and preservation of the natural and cultural resources on
the Ravensford tract.
(b) Construction Standards.--The National Park Service and the
Eastern Band shall develop mutually agreed upon standards for size,
impact, and design of construction consistent with the purposes of this
Act on the Ravensford tract. The standards shall be consistent with the
Eastern Band's need to develop educational facilities and support
infrastructure adequate for current and future generations and shall
otherwise minimize or mitigate any adverse impacts on natural or
cultural resources. The standards shall be based on recognized best
practices for environmental sustainability and shall be reviewed
periodically and revised as necessary. All development on the
Ravensford tract shall be conducted in a manner consistent with such
standards.
(c) Tribal Employment.--In employing individuals to perform any
construction, maintenance, interpretation, or other service in the
Great Smoky Mountains National Park, the Secretary of the Interior
shall, insofar as practicable, give first preference to qualified
members of the Eastern Band.
SEC. 5. GAMING PROHIBITION.
Nothing in this Act shall be construed to satisfy the terms for an
exception under section 20(b)(1) of the Indian Gaming Regulatory Act
(25 U.S.C. 2719(b)(1)) to the prohibition on gaming on lands acquired
by the Secretary of the Interior in trust for the benefit of an Indian
tribe after October 17, 1988, under section 20(a) of such Act (25
U.S.C. 2719(a)). | Eastern Band of Cherokee Indians Land Exchange Act of 2002 - Requires the Secretary of the Interior to exchange the Ravensford tract, currently in the Great Smoky Mountains National Park, for the Yellow Face tract adjacent to the Waterrock Knob Visitor Center on the Blue Ridge Parkway.Requires the Eastern Band of Cherokee Indians (Eastern Band) to deed specified parcels of land to the United States. Requires the deeds for specified lands be held in trust by the United States for the benefit of the Eastern Band as part of the Cherokee Indian Reservation.Requires the Secretary to file a legal description of the areas held in trust by the United States for the benefit of the Eastern Band.Requires the Director of the National Park Service and the Eastern Band to: (1) enter into government-to-government consultations and develop protocols to review planned construction on the Ravensford tract; and (2) develop mutually agreed upon standards for size, impact, and design of construction consistent with the Eastern Band's need to develop educational facilities and support infrastructure.Authorizes the Director to enter into cooperative agreements with the Eastern Band for the purpose of providing training, management, protection, and preservation of the natural and cultural resources on the Ravensford tract.Requires the Secretary to give first preference of employment for service in the Great Smoky Mountains National Park to qualified members of the Eastern Band. | To provide for a Federal land exchange for the environmental, educational, and cultural benefit of the American public and the Eastern Band of Cherokee Indians, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Leveraging and Energizing America's
Apprenticeship Programs Act'' or the ``LEAP Act''.
SEC. 2. CREDIT FOR EMPLOYEES PARTICIPATING IN QUALIFIED APPRENTICESHIP
PROGRAMS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45S. EMPLOYEES PARTICIPATING IN QUALIFIED APPRENTICESHIP
PROGRAMS.
``(a) In General.--For purposes of section 38, the apprenticeship
credit determined under this section for the taxable year is an amount
equal to the sum of the applicable credit amounts (as determined under
subsection (b)) for each apprentice of the employer that exceeds the
applicable apprenticeship level (as determined under subsection (e))
during such taxable year.
``(b) Applicable Credit Amount.--For purposes of subsection (a),
the applicable credit amount for each apprentice for each taxable year
is equal to--
``(1) in the case of an apprentice who has not attained 25
years of age at the close of the taxable year, $1,500, or
``(2) in the case of an apprentice who has attained 25
years of age at the close of the taxable year, $1,000.
``(c) Limitation on Number of Years Which Credit May Be Taken Into
Account.--The apprenticeship credit shall not be allowed for more than
2 taxable years with respect to any apprentice.
``(d) Apprentice.--For purposes of this section, the term
`apprentice' means any employee who is employed by the employer--
``(1) in an officially recognized apprenticeable
occupation, as determined by the Office of Apprenticeship of
the Employment and Training Administration of the Department of
Labor, and
``(2) pursuant to an apprentice agreement registered with--
``(A) the Office of Apprenticeship of the
Employment and Training Administration of the
Department of Labor, or
``(B) a recognized State apprenticeship agency, as
determined by the Office of Apprenticeship of the
Employment and Training Administration of the
Department of Labor.
``(e) Applicable Apprenticeship Level.--
``(1) In general.--For purposes of this section, the
applicable apprenticeship level shall be equal to--
``(A) in the case of any apprentice described in
subsection (b)(1), the amount equal to 80 percent of
the average number of such apprentices of the employer
for the 3 taxable years preceding the taxable year for
which the credit is being determined, rounded to the
next lower whole number; and
``(B) in the case of any apprentices described in
subsection (b)(2), the amount equal to 80 percent of
the average number of such apprentices of the employer
for the 3 taxable years preceding the taxable year for
which the credit is being determined, rounded to the
next lower whole number.
``(2) First year of new apprenticeship programs.--In the
case of an employer which did not have any apprentices during
any taxable year in the 3 taxable years preceding the taxable
year for which the credit is being determined, the applicable
apprenticeship level shall be equal to zero.
``(f) Coordination With Other Credits.--The amount of credit
otherwise allowable under sections 45A, 51(a), and 1396(a) with respect
to any employee shall be reduced by the credit allowed by this section
with respect to such employee.
``(g) Certain Rules To Apply.--Rules similar to the rules of
subsections (i)(1) and (k) of section 51 shall apply for purposes of
this section.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of the Internal Revenue Code of 1986 is amended by striking
``plus'' at the end of paragraph (35), by striking the period at the
end of paragraph (36) and inserting ``, plus'', and by adding at the
end the following new paragraph:
``(37) the apprenticeship credit determined under section
45S(a).''.
(c) Denial of Double Benefit.--Subsection (a) of section 280C of
the Internal Revenue Code of 1986 is amended by inserting ``45S(a),''
after ``45P(a),''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 45S. Employees participating in qualified apprenticeship
programs.''.
(e) Effective Date.--The amendments made by this section shall
apply to individuals commencing apprenticeship programs after the date
of the enactment of this Act.
SEC. 3. LIMITATION ON GOVERNMENT PRINTING COSTS.
Not later than 90 days after the date of enactment of this Act, the
Director of the Office of Management and Budget shall coordinate with
the heads of Federal departments and independent agencies to--
(1) determine which Government publications could be
available on Government websites and no longer printed and to
devise a strategy to reduce overall Government printing costs
over the 10-year period beginning with fiscal year 2015, except
that the Director shall ensure that essential printed documents
prepared for social security recipients, medicare
beneficiaries, and other populations in areas with limited
Internet access or use continue to remain available;
(2) establish government wide Federal guidelines on
employee printing; and
(3) issue guidelines requiring every department, agency,
commission, or office to list at a prominent place near the
beginning of each publication distributed to the public and
issued or paid for by the Federal Government--
(A) the name of the issuing agency, department,
commission, or office;
(B) the total number of copies of the document
printed;
(C) the collective cost of producing and printing
all of the copies of the document; and
(D) the name of the entity publishing the document. | Leveraging and Energizing America's Apprenticeship Programs Act or the LEAP Act Amends the Internal Revenue Code to allow employers a business-related tax credit of $1,500 for hiring an apprentice who has not attained age 25 at the close of the taxable year or $1,000 for an apprentice who has attained age 25. Allows such credit for no more than two taxable years with respect to any apprentice. Defines "apprentice" as an employee who is employed in an officially-recognized apprenticeable occupation pursuant to an apprentice agreement registered with the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor or a recognized state apprenticeship agency. Requires the Director of the Office of Management and Budget to coordinate with the heads of federal and independent agencies to: (1) determine which government publications could be available on government websites and no longer printed, (2) devise a strategy to reduce overall government printing costs over the 10-year period beginning with FY2015, (3) establish government-wide guidelines on employee printing, and (4) issue guidelines for publicly disclosing information about the publication of government documents. | LEAP Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Institute of Biomedical
Imaging Establishment Act''.
SEC. 2. ESTABLISHMENT OF NATIONAL INSTITUTE OF BIOMEDICAL IMAGING.
(a) In General.--Part C of title IV of the Public Health Service
Act (42 U.S.C. 285 et seq.) is amended by adding at the end the
following subpart:
``Subpart 18--National Institute of Biomedical Imaging
``purpose of the institute
``Sec. 464Z. (a) Purpose.--The general purpose of the National
Institute of Biomedical Imaging (in this section referred to as the
`Institute') is the conduct and support of research, training, the
dissemination of health information, and other programs with respect to
radiologic and other imaging modalities, imaging techniques, and
imaging technologies with biomedical applications (in this section
referred to as `biomedical imaging').
``(b) National Biomedical Imaging Program.--
``(1) Establishment.--The Director of the Institute, with
the advice of the Institute's advisory council, shall establish
a National Biomedical Imaging Program (in this section referred
to as the `Program').
``(2) Activities.--Activities under the Program shall
include the following with respect to biomedical imaging:
``(A) Research into the development of new
techniques and devices.
``(B) Related research in physics, computer
science, information sciences, and other disciplines.
``(C) Technology assessments and outcomes studies
to evaluate the effectiveness of devices and
procedures.
``(D) Research in screening for diseases and
disorders.
``(E) The advancement of existing modalities (such
as x ray imaging, computed tomography, magnetic
resonance imaging, magnetic resonance spectroscopy,
positron emission tomography, single photon emission
computed tomography, ultrasound, and bioelectric and
biomagnetic imaging).
``(F) The development of image-enhancing agents,
contrast media, and radiopharmaceuticals.
``(G) The development of image-enhancing agents and
advanced technologies and techniques for molecular and
genetic imaging.
``(H) The development of new techniques and devices
for imaging-guided surgery and related interventional
procedures.
``(I) Research into technologies to enhance and
expand the potential applications of picture archiving,
communication systems, and telemedicine.
``(3) Plan.--
``(A) In general.--With respect to the Program, the
Director or the Institute shall prepare and transmit to
the Secretary and the Director of NIH a plan to
initiate, expand, intensify, and coordinate activities
of the Institute respecting biomedical imaging. The
plan shall include such comments and recommendations as
the Director of the Institute determines appropriate.
The Director of the Institute shall periodically review
and revise the plan and shall transmit any revisions of
the plan to the Secretary and the Director of NIH.
``(B) Contents.--The plan under subparagraph (A)
shall include the recommendations of the Director of
the Institute with respect to the following:
``(i) The consolidation of programs of the
National Institutes of Health for the conduct
or support of activities regarding biomedical
imaging.
``(ii) The establishment of a center within
the Institute to coordinate imaging research
activities conducted or supported by Federal
agencies and to facilitate the transfer of
biomedical imaging technologies.
``(c) Advisory Council.--The establishment under section 406 of an
advisory council for the Institute is subject to the following:
``(1) The number of members appointed by the Secretary
shall be 12.
``(2) Of such members--
``(A) 6 members shall be scientists, physicians,
and other health professionals who represent
disciplines in biomedical imaging and who are not
officers or employees of the United States; and
``(B) 6 members shall be scientists, physicians,
and other health professionals who represent other
disciplines and are knowledgeable about the
applications of biomedical imaging in medicine, and who
are not officers or employees of the United States.
``(3) In addition to the ex officio members specified in
section 406(b)(2), the ex officio members of the advisory
council shall include the Director of the Centers for Disease
Control and Prevention, the Director of the National Science
Foundation, and the Director of the National Institute of
Standards and Technology (or the designees of such officers).
``(d) Authorization of Appropriations.--
``(1) In general.--Subject to paragraph (2), for the
purpose of carrying out this section:
``(A) For fiscal year 1997, there is authorized to
be appropriated an amount equal to the amount obligated
by the National Institutes of Health during fiscal year
1996 for biomedical imaging, except that such amount
shall be adjusted to offset any inflation occurring
after October 1, 1995.
``(B) For each of the fiscal years 1998 and 1999,
there is authorized to be appropriated an amount equal
to the amount appropriated under subparagraph (A) for
fiscal year 1997, except that such amount shall be
adjusted for the fiscal year involved to offset any
inflation occurring after October 1, 1996.
``(2) Reduction.--The authorization of appropriations for a
fiscal year under paragraph (1) is hereby reduced by the amount
of any appropriation made for such year for the conduct or
support by any other national research institute of any program
with respect to biomedical imaging.''.
(b) Use of Existing Resources.--In providing for the establishment
of the National Institute of Biomedical Imaging pursuant to the
amendment made by subsection (a), the Director of the National
Institutes of Health (referred to in this subsection as ``NIH'')--
(1) may transfer to the National Institute of Biomedical
Imaging such personnel of NIH as the Director determines to be
appropriate;
(2) may, for quarters for such Institute, utilize such
facilities of NIH as the Director determines to be appropriate;
and
(3) may obtain administrative support for the Institute
from the other agencies of NIH, including the other national
research institutes.
(c) Construction of Facilities.--None of the provisions of this Act
or the amendments made by the Act may be construed as authorizing the
construction of facilities, or the acquisition of land, for purposes of
the establishment or operation of the National Institute of Biomedical
Imaging.
(d) Date Certain for Establishment of Advisory Council.--Not later
than 90 days after the effective date of this Act under section 3, the
Secretary of Health and Human Services shall complete the establishment
of an advisory council for the National Institute of Biomedical Imaging
in accordance with section 406 of the Public Health Service Act (42
U.S.C. 284a) and in accordance with section 464Z of such Act (as added
by subsection (a) of this section).
(e) Conforming Amendment.--Section 401(b)(1) of the Public Health
Service Act (42 U.S.C. 281(b)(1)) is amended by adding at the end the
following subparagraph:
``(R) The National Institute of Biomedical Imaging.''.
SEC. 3. EFFECTIVE DATE.
This Act takes effect October 1, 1997, or upon the date of the
enactment of this Act, whichever occurs later. | National Institute of Biomedical Imaging Establishment Act - Amends the Public Health Service Act to establish: (1) the National Institute of Biomedical Imaging in the National Institutes of Health; and (2) the National Biomedical Imaging Program. Authorizes appropriations. | National Institute of Biomedical Imaging Establishment Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pinnacles National Park Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Map.--The term ``Map'' means the map entitled
``Proposed Wilderness Additions to the Proposed Pinnacles
National Park'', numbered 114/106,106, and dated November 2010.
(2) Park.--The term ``Park'' means the Pinnacles National
Park established by section 3(a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of
California.
SEC. 3. ESTABLISHMENT OF PINNACLES NATIONAL PARK.
(a) Establishment.--There is established in the State the Pinnacles
National Park.
(b) Purposes.--The purposes of the Park are--
(1) to preserve and interpret for the benefit of future
generations--
(A) the chaparral, grasslands, blue oak woodlands,
and majestic valley oak savanna ecosystems of the area;
(B) the geomorphology, riparian watersheds, and
unique flora and fauna of the area; and
(C) the ancestral and cultural history of Native
Americans, settlers, and explorers; and
(2) to interpret the recovery program for the California
Condor, including the international significance of the
program.
(c) Boundaries.--The boundaries of the Park shall consist of the
areas generally depicted on the Map.
(d) Availability of Map.--The Map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(e) Abolishment of Current Pinnacles National Monument.--
(1) In general.--The Pinnacles National Monument is
abolished.
(2) Incorporation of land.--The land and any interests in
the land that comprise the Pinnacles National Monument are
incorporated in, and shall be considered to be part of, the
Park.
(3) Availability of funds.--Any funds available for the
Pinnacles National Monument shall be available for the Park.
(4) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to
``Pinnacles National Monument'' shall be considered to be a
reference to ``Pinnacles National Park''.
(f) Administration.--The Secretary shall administer the Park in
accordance with--
(1) this Act; and
(2) the laws generally applicable to units of the National
Park System, including the National Park Service Organic Act
(16 U.S.C. 1 et seq.).
(g) Land Acquisition.--
(1) In general.--The Secretary may acquire land or
interests in land within the boundaries of the Park by purchase
from a willing seller with donated or appropriated funds,
donation, or exchange.
(2) Acquisition of rock springs ranch.--
(A) Acquisition authorized.--The Secretary may
acquire, by purchase from a willing seller, donation,
or exchange, the approximately 18,200 acres of land in
San Benito County, California, known as the ``Rock
Springs Ranch Tract''.
(B) Inclusion within national park.--On acquisition
of the land described in subparagraph (A), the
Secretary shall modify the boundaries of the Park to
include the acquired land.
(C) Map.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall file a map
depicting the land described in subparagraph (A) with--
(i) the Committee on Natural Resources of
the House of Representatives; and
(ii) the Committee on Energy and Natural
Resources of the Senate.
SEC. 4. REDESIGNATION OF PINNACLES WILDERNESS AS HAIN WILDERNESS AND
EXPANSION OF WILDERNESS.
(a) Redesignation.--
(1) In general.--Subsection (i) of the first section of
Public Law 94-567 (16 U.S.C. 1132 note) is amended by striking
``Pinnacles Wilderness'' and inserting ``Hain Wilderness.''
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
``Pinnacles Wilderness'' shall be considered to be a reference
to the ``Hain Wilderness''.
(b) Expansion.--Certain land comprising approximately 2,715 acres,
as generally depicted on the map entitled ``Proposed Wilderness
Additions to the Proposed Pinnacles National Park'', numbered 114/
106,106, and dated November 2010, is--
(1) designated as wilderness and a component of the
National Wilderness Preservation System; and
(2) incorporated in, and considered to be a part of, the
Hain Wilderness.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Pinnacles National Park Act - Establishes Pinnacles National Park in California to: (1) preserve and interpret the Park's ecosystems and the history of Native Americans, settlers, and explorers, and (2) interpret the recovery program for the California Condor.
Abolishes Pinnacles National Monument and includes the land and any interests comprising the Monument in the Park.
Authorizes the Secretary of the Interior to acquire lands or interests within the Park's boundaries and approximately 18,200 acres of land in San Benito County, California, known as the Rock Springs Ranch Tract.
Redesignates the Pinnacles Wilderness as the Hain Wilderness.
Designates specified lands comprising approximately 2,715 acres as wilderness and as a component of the National Wilderness Preservation System and includes such lands in the Hain Wilderness. | A bill to establish Pinnacles National Park in the State of California as a unit of the National Park System, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investing in Innovation for
Education Act of 2010''.
SEC. 2. INVESTING IN INNOVATION.
(a) In General.--Title IV of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end
the following:
``PART D--INVESTING IN INNOVATION
``SEC. 4401. PURPOSES.
``The purposes of this part are to--
``(1) fund the identification, development, evaluation, and
expansion of innovative, evidence-based practices, programs,
and strategies in order to significantly--
``(A) increase student academic achievement and
decrease achievement gaps;
``(B) increase high school graduation rates;
``(C) increase college enrollment rates and rates
of college persistence; and
``(D) improve teacher and school leader
effectiveness; and
``(2) support the rapid development, expansion, and
adoption of tools and resources that improve the efficiency,
effectiveness, or pace of adoption of such educational
practices, programs, and strategies.
``SEC. 4402. NATIONAL ACTIVITIES.
``The Secretary may reserve not more than 15 percent of the funds
appropriated under section 4408 for each fiscal year to carry out
activities of national significance, which activities may include
capacity building, technical assistance, dissemination, and prize
awards.
``SEC. 4403. PROGRAM AUTHORIZED; LENGTH OF GRANTS; PRIORITIES.
``(a) Program Authorization.--The Secretary shall use funds made
available to carry out this part for a fiscal year to award grants, on
a competitive basis, to local educational agencies and nonprofit
organizations that propose to provide support to 1 or more public
schools or local educational agencies, or both, consistent with section
4404(b).
``(b) Duration of Grants.--The Secretary shall award grants under
this part for a period of not more than 3 years, and may extend such
grants for an additional 2-year period if the grantee demonstrates to
the Secretary that it is making significant progress on the program
performance measures identified in section 4406.
``(c) Priorities.--In awarding grants under this part, the
Secretary may give priority to an eligible entity that includes, in its
application under section 4404, a plan to--
``(1) improve early learning outcomes;
``(2) support college access and success;
``(3) support family and community engagement;
``(4) address the unique learning needs of students with
disabilities or English language learners;
``(5) serve schools in rural local educational agencies;
``(6) support the effective use of education technology to
improve teaching and learning; or
``(7) improve the teaching and learning of science,
technology, engineering, or mathematics.
``(d) Standards of Evidence.--The Secretary shall set standards for
the quality of evidence that an applicant shall provide in order to
demonstrate that the activities the applicant proposes to carry out
with funds under this part are likely to succeed in improving student
outcomes or outcomes on other performance measures. These standards may
include any of the following:
``(1) Strong evidence that the activities proposed by the
applicant will have a statistically significant effect on
student academic achievement, student growth, or outcomes on
other performance measures.
``(2) Moderate evidence that the activities proposed by the
applicant will improve student academic achievement, student
growth, or outcomes on other performance measures.
``(3) A rationale based on research findings or a
reasonable hypothesis that the activities proposed by the
applicant will improve student academic achievement, student
growth, or outcomes on other performance measures.
``SEC. 4404. APPLICATIONS.
``(a) Applications.--Each local educational agency or nonprofit
organization that desires to receive a grant under this part shall
submit an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may reasonably
require. At a minimum, each application shall--
``(1) describe the project for which the applicant is
seeking a grant and how the evidence supporting that project
meets the standards of evidence established by the Secretary
under section 4403(d);
``(2) describe how the applicant will address at least 1 of
the areas described in section 4405(a)(1);
``(3) provide an estimate of the number of students that
the applicant plans to serve under the proposed project,
including the percentage of those students who are from low-
income families, and the number of students to be served
through additional expansion after the grant ends;
``(4) demonstrate that the applicant has established 1 or
more partnerships with private organizations and that the
partner or partners will provide matching funds;
``(5) describe the applicant's plan for continuing the
proposed project after funding under this part ends;
``(6) if the applicant is a local educational agency--
``(A) document the local educational agency's
record during the previous 3 years in--
``(i) increasing student achievement,
including achievement for each subgroup
described in section 1111(b)(2)(C)(v); and
``(ii) decreasing achievement gaps; and
``(B) demonstrate how the local educational agency
has made significant improvements in other outcomes, as
applicable, on the performance measures described in
section 4406;
``(7) if the applicant is a nonprofit organization--
``(A) provide evidence that the nonprofit
organization has helped at least 1 school or local
educational agency, during the previous 3 years,
significantly--
``(i) increase student achievement,
including achievement for each subgroup
described in section 1111(b)(2)(C)(v); and
``(ii) reduce achievement gaps; and
``(B) describe how the nonprofit organization has
helped at least 1 school or local educational agency
make a significant improvement, as applicable, in other
outcomes on the performance measures described in
section 4406;
``(8) provide a description of the applicant's plan for
independently evaluating the effectiveness of activities
carried out with funds under this part;
``(9) provide an assurance that the applicant will--
``(A) cooperate with cross-cutting evaluations;
``(B) make evaluation data available to third
parties for validation and further study; and
``(C) participate in communities of practice; and
``(10) if the applicant is a nonprofit organization that
intends to make subgrants, consistent with section 4405(b),
provide an assurance that the applicant will apply paragraphs
(1) through (9), as appropriate, in the applicant's selection
of subgrantees and in its oversight of those subgrants.
``(b) Criteria for Evaluating Applications.--The Secretary shall
award grants under this part on a competitive basis, based on the
quality of the applications submitted and, consistent with the
standards established under section 4403(d), each applicant's
likelihood of achieving success in improving student outcomes or
outcomes on other performance measures.
``SEC. 4405. USES OF FUNDS.
``(a) Uses of Funds.--Each local educational agency or nonprofit
organization that receives a grant under this part--
``(1) shall use the grant funds to address, at a minimum, 1
of the following areas of school reform:
``(A) Improving the effectiveness of teachers and
school leaders and promoting equity in the distribution
of effective teachers and school leaders.
``(B) Strengthening the use of data to improve
teaching and learning.
``(C) Providing high-quality instruction based on
rigorous standards that build toward college and career
readiness and measuring students' mastery using high-
quality assessments aligned to those standards.
``(D) Turning around the lowest-performing schools.
``(E) Any other area of school reform, as
determined by the Secretary.
``(2) shall use those funds to develop or expand strategies
to improve the performance of high-need students on the
performance measures described in section 4406; and
``(3) may use the grant funds for an independent
evaluation, as required by section 4404(a)(8), of the
innovative practices carried out with the grant.
``(b) Authority To Subgrant.--A nonprofit organization that
receives a grant under this part may use the grant funds to make
subgrants to other entities to provide support to 1 or more schools or
local educational agencies. Any such entity shall comply with the
requirements of this part relating to grantees, as appropriate.
``SEC. 4406. PERFORMANCE MEASURES.
``The Secretary shall establish performance measures for the
programs and activities carried out under this part. These measures, at
a minimum, shall track the grantee's progress in improving outcomes for
each subgroup described in section 1111(b)(2)(C)(v) that is served by
the grantee on measures, including, as applicable, by--
``(1) increasing student achievement and decreasing
achievement gaps;
``(2) increasing high school graduation rates;
``(3) increasing college enrollment rates and rates of
college persistence;
``(4) improving teacher and school leader effectiveness;
``(5) improving school readiness; and
``(6) any other indicator as the Secretary or grantee may
determine.
``SEC. 4407. REPORTING; ANNUAL REPORT.
``A local educational agency or nonprofit organization that
receives a grant under this part shall submit to the Secretary, at such
time and in such manner as the Secretary may require, an annual report
that includes, among other things, information on the applicant's
progress on the performance measures established under section 4406,
and the data supporting that progress.
``SEC. 4408. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$500,000,000 for fiscal year 2011 and such sums as may be necessary for
each of the 5 succeeding fiscal years.''.
(b) Table of Contents.--The table of contents in section 2 of the
Elementary and Secondary Education Act of 1965 is amended by inserting
after the item relating to section 4304 the following:
``PART D--Investing in Innovation
``Sec. 4401. Purposes.
``Sec. 4402. National activities.
``Sec. 4403. Program authorized; length of grants; priorities.
``Sec. 4404. Applications.
``Sec. 4405. Uses of funds.
``Sec. 4406. Performance measures.
``Sec. 4407. Reporting; Annual report.
``Sec. 4408. Authorization of appropriations.''. | Investing in Innovation for Education Act of 2010 - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award competitive grants to local educational agencies (LEAs) and nonprofit organizations to support the school reform efforts of public schools and LEAs.
Requires each grant applicant to demonstrate that it has partnered with at least one private organization that will provide matching funds.
Requires each grant to be used to address at least one of the following areas of school reform: (1) improving the effectiveness of teachers and school leaders and promoting their equitable distribution; (2) strengthening the use of data to improve education; (3) providing high-quality instruction that is based on rigorous standards and measuring students' proficiency using high-quality assessments that are aligned to those standards; (4) turning around the lowest-performing schools; and (5) any other area of school reform the Secretary chooses.
Directs the Secretary to establish performance measures for tracking each grantee's progress in improving the academic performance of public elementary and secondary school students, and specified subgroups of those students. Requires grantees to use grant funds to develop or expand strategies to improve high-need students' showing on those performance measures. | A bill to amend the Elementary and Secondary Education Act of 1965 to invest in innovation for education. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Administrative Law Judge Conference
of the United States Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) in order to promote efficiency, productivity, and the
improvement of administrative functions, to enhance public
service and public trust in the administrative resolution of
disputes, and to enhance the enforcement of the administrative
law provisions of title 5, United States Code, the
Administrative Law Judge Conference of the United States should
be established;
(2) the existing system of agency assignments of
administrative law judges appointed under section 3015 of title
5, United States Code, will be enhanced, by creating the
Administrative Law Judge Conference of the United States and
will serve the public with maximum economy and efficiency; and
(3) the Administrative Law Judge Conference of the United
States will enhance judicial performance, status, and legal
training of administrative law judges by establishing initial
and continuing education programs, studying the adjudication
system, and reporting annually to Congress.
SEC. 3. ESTABLISHMENT OF THE ADMINISTRATIVE LAW JUDGE CONFERENCE OF THE
UNITED STATES.
(a) In General.--Chapter 5 of title 5, United States Code, is
amended by adding at the end thereof the following new subchapter:
``SUBCHAPTER VI--THE ADMINISTRATIVE LAW JUDGE CONFERENCE OF THE UNITED
STATES
``Sec. 597. Definitions
``For the purposes of this subchapter--
``(1) the term `agency' means an authority referred to in
section 551(l);
``(2) the term `Conference' means the Administrative Law
Judge Conference of the United States established under section
598;
``(3) the term `administrative law judge' means an
administrative law judge appointed under section 3105 before or
after the effective date of this subchapter; and
``(4) the term `chief judge' means the chief administrative
law judge appointed and serving under section 599.
``Sec. 598. Establishment; membership
``There is established the Administrative Law Judge Conference of
the United States consisting of all administrative law judges appointed
under section 599A.
``Sec. 599. Chief administrative law judge
``(a) Appointment; Term; Pay.--The chief administrative law judge
shall be the chief administrative officer and presiding judge of the
Conference. The chief judge shall be appointed by the President, by and
with the advice and consent of the Senate. The chief judge shall have
served as an administrative law judge for at least 5 years immediately
before the date of appointment. The term of office of the chief judge
shall be 5 years or, after expiration of 5 years, until a successor is
appointed and qualifies to serve. A chief judge may be reappointed by
the President, by and with the advice and consent of the Senate, for 1
additional term upon the expiration of the first term of such judge.
The chief judge shall be paid at the rate of 105 percent of basic pay
for level IV of the Executive Schedule.
``(b) Powers of the Chief Judge.--The chief judge shall--
``(1) enhance and develop the administrative law process
and the administrative law judge function;
``(2) develop training programs, in coordination with the
agencies, to promote judicial education, specialization, and
efficiency of administrative law judges;
``(3) consult with agencies and the Office of Management
and Budget regarding resources necessary to support
administrative law judge functions;
``(4) study instances when administrative law judges are
directed by an agency not to follow decisions of Federal
circuit courts of appeal because of nonacquiescence by the
agency for which the judge presides and report the findings to
the President and the Congress; and
``(5) make rules and procedures to implement the functions
of the Conference. The chief judge shall make an annual written
report to the President and the Congress including
recommendations to improve the administrative adjudicative
process.
``(d) Transfer.--All functions of the Office of Personnel
Management with respect to administrative law judges are transferred to
the Conference.
``Sec. 599A. Administrative law judge
``(a) Assignment to Agencies.--After selection for appointment to
the position of administrative law judge by an agency, the
administrative law judge shall be assigned by the chief judge to such
agency for the adjudication of cases for the agency. Each
administrative law judge appointed at the time of the date of enactment
of this section shall be assigned to the agency the administrative law
judge was assigned to at the time of the date of enactment of this
section. Subsequent assignments of the administrative law judge shall
be made with the consent of the administrative law judge and the
appointing agency.
``(b) Agencies.--Each agency with assigned administrative law
judges shall be responsible to provide for all budget, resources and
support requirements for each administrative law judge assigned to the
agency.
``(c) Appointment of Agency Chief Judges.--The chief administrative
law judge of each agency shall be appointed by the agency head.
``Sec. 599B. Jurisdiction
``(a) Referral of Cases by Courts.--With the approval of the agency
to whom the administrative law judge is assigned, courts are authorized
to refer cases, or portions thereof, to an administrative law judge to
act as a special master pursuant to the provisions of Rule 53(a) of the
Federal Rules of Civil Procedure or otherwise to make findings of fact
in a case on behalf of the referring court, which shall continue to
have exclusive and undiminished jurisdiction over the case. When a
court has referred a case to an administrative law judge, the
recommendations, rulings, and findings of fact of the administrative
law judge are subject to de novo review by the referring court. The
court shall provide for reimbursement to the agency involved for costs
relating to the administrative law judge referral.
``(b) Savings Clause.--The provisions of this subchapter shall
effect no change in--
``(1) any agency's rulemaking, interpretative, or policy
making authority in carrying out the statutory responsibilities
vested in the agency or agency head;
``(2) the adjudicatory authority of administrative law
judges; or
``(3) the authority of an agency to review decisions of
administrative law judges under any applicable provision of
law.
``Sec. 599C. Standards of conduct
``The chief judge, after providing notice and a period for comment,
shall adopt and issue rules of judicial conduct for administrative law
judges, consistent with the Model Code of Judicial Conduct for
administrative law judges (American Bar Association, 1989). An
administrative law judge may not be removed, suspended, reprimanded, or
disciplined except as provided in section 7521. The rules of judicial
conduct for administrative law judges shall provide for a voluntary
alternative dispute resolution process that shall be conducted at the
request of the administrative law judge.''.
(b) Satisfaction of Other Procedural Requirements.--Compliance with
subchapter VI of chapter 5 of title 5, United States Code, as added by
subsection (a), shall satisfy all requirements imposed under section
916 of the Financial Institutions Reform, Recovery, and Enforcement Act
of 1989.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $5,000,000 for fiscal year 2000 for the Administrative Law
Judge Conference of the United States.
(d) Clerical Amendment.--The table of sections for chapter 5 of
title 5, United States Code, is amended by adding at the end thereof
the following:
``SUBCHAPTER VI--THE ADMINISTRATIVE LAW JUDGE CONFERENCE OF THE UNITED
STATES
``597. Definitions.
``598. Establishment; membership.
``599. Chief administrative law judge.
``599A. Administrative law judges.
``599B. Jurisdiction.
``599C. Standards of conduct.''.
SEC. 4. TRANSITION PROVISIONS.
(a) Transfers.--There shall be transferred to the Administrative
Law Judge Conference of the United States established under section 598
of title 5, United States Code, the personnel, property, unexpended
balances of appropriations, allocations, and other funds employed and
held by the Office of Personnel Management and relating to the
administrative law function administered by the Office of Personnel
Management. Appropriations, authorizations, allocations, and other
funds paid or transferred by agencies to the Office of Personnel
Management for the administration of the administrative law judge
function shall, after the date of the enactment of this Act, be paid or
transferred to the Conference.
(b) Collective Bargaining Agreements.--Collective bargaining
agreements, relating to personnel transferred by subsection (a), shall
remain in effect according to the terms thereof.
(c) Disputes.--The Director of the Office of Management and Budget,
at such time or times as the Director may provide, shall make such
determinations as may be necessary with regard to any dispute arising
from the transfer of personnel or assets by subsection (a).
SEC. 5. OPERATION OF THE CONFERENCE.
Operation of the Administrative Law Judge Conference of the United
States established under section 598 of title 5, United States Code,
shall commence on the date the first chief judge of the Conference
takes office under section 599 of such title.
SEC. 6. EFFECTIVE DATE.
Except as otherwise provided, this Act and the amendments made by
this Act shall take effect 120 days after the date of the enactment of
this Act. | Transfers to the Conference all administrative law judge functions of the Office of Personnel Management.
Provides for the assignment of administrative law judges to appropriate Federal agencies.
Requires the chief judge to adopt and issue rules of judicial conduct for administrative law judges.
Authorizes appropriations. | Administrative Law Judge Conference of the United States Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Neotropical Migratory Bird
Conservation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) of the nearly 800 bird species known to occur in the United
States, approximately 500 migrate among countries, and the large
majority of those species, the neotropical migrants, winter in
Latin America and the Caribbean;
(2) neotropical migratory bird species provide invaluable
environmental, economic, recreational, and aesthetic benefits to
the United States, as well as to the Western Hemisphere;
(3)(A) many neotropical migratory bird populations, once
considered common, are in decline, and some have declined to the
point that their long-term survival in the wild is in jeopardy; and
(B) the primary reason for the decline in the populations of
those species is habitat loss and degradation (including pollution
and contamination) across the species' range; and
(4)(A) because neotropical migratory birds range across
numerous international borders each year, their conservation
requires the commitment and effort of all countries along their
migration routes; and
(B) although numerous initiatives exist to conserve migratory
birds and their habitat, those initiatives can be significantly
strengthened and enhanced by increased coordination.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to perpetuate healthy populations of neotropical migratory
birds;
(2) to assist in the conservation of neotropical migratory
birds by supporting conservation initiatives in the United States,
Latin America, and the Caribbean; and
(3) to provide financial resources and to foster international
cooperation for those initiatives.
SEC. 4. DEFINITIONS.
In this Act:
(1) Account.--The term ``Account'' means the Neotropical
Migratory Bird Conservation Account established by section 9(a).
(2) Conservation.--The term ``conservation'' means the use of
methods and procedures necessary to bring a species of neotropical
migratory bird to the point at which there are sufficient
populations in the wild to ensure the long-term viability of the
species, including--
(A) protection and management of neotropical migratory bird
populations;
(B) maintenance, management, protection, and restoration of
neotropical migratory bird habitat;
(C) research and monitoring;
(D) law enforcement; and
(E) community outreach and education.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 5. FINANCIAL ASSISTANCE.
(a) In General.--The Secretary shall establish a program to provide
financial assistance for projects to promote the conservation of
neotropical migratory birds.
(b) Project Applicants.--A project proposal may be submitted by--
(1) an individual, corporation, partnership, trust,
association, or other private entity;
(2) an officer, employee, agent, department, or instrumentality
of the Federal Government, of any State, municipality, or political
subdivision of a State, or of any foreign government;
(3) a State, municipality, or political subdivision of a State;
(4) any other entity subject to the jurisdiction of the United
States or of any foreign country; and
(5) an international organization (as defined in section 1 of
the International Organizations Immunities Act (22 U.S.C. 288)).
(c) Project Proposals.--To be considered for financial assistance
for a project under this Act, an applicant shall submit a project
proposal that--
(1) includes--
(A) the name of the individual responsible for the project;
(B) a succinct statement of the purposes of the project;
(C) a description of the qualifications of individuals
conducting the project; and
(D) an estimate of the funds and time necessary to complete
the project, including sources and amounts of matching funds;
(2) demonstrates that the project will enhance the conservation
of neotropical migratory bird species in the United States, Latin
America, or the Caribbean;
(3) includes mechanisms to ensure adequate local public
participation in project development and implementation;
(4) contains assurances that the project will be implemented in
consultation with relevant wildlife management authorities and
other appropriate government officials with jurisdiction over the
resources addressed by the project;
(5) demonstrates sensitivity to local historic and cultural
resources and complies with applicable laws;
(6) describes how the project will promote sustainable,
effective, long-term programs to conserve neotropical migratory
birds; and
(7) provides any other information that the Secretary considers
to be necessary for evaluating the proposal.
(d) Project Reporting.--Each recipient of assistance for a project
under this Act shall submit to the Secretary such periodic reports as
the Secretary considers to be necessary. Each report shall include all
information required by the Secretary for evaluating the progress and
outcome of the project.
(e) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of each
project shall be not greater than 25 percent.
(2) Non-federal share.--
(A) Source.--The non-Federal share required to be paid for
a project shall not be derived from any Federal grant program.
(B) Form of payment.--
(i) Projects in the united states.--The non-Federal
share required to be paid for a project carried out in the
United States shall be paid in cash.
(ii) Projects in foreign countries.--The non-Federal
share required to be paid for a project carried out in a
foreign country may be paid in cash or in kind.
SEC. 6. DUTIES OF THE SECRETARY.
In carrying out this Act, the Secretary shall--
(1) develop guidelines for the solicitation of proposals for
projects eligible for financial assistance under section 5;
(2) encourage submission of proposals for projects eligible for
financial assistance under section 5, particularly proposals from
relevant wildlife management authorities;
(3) select proposals for financial assistance that satisfy the
requirements of section 5, giving preference to proposals that
address conservation needs not adequately addressed by existing
efforts and that are supported by relevant wildlife management
authorities; and
(4) generally implement this Act in accordance with its
purposes.
SEC. 7. COOPERATION.
(a) In General.--In carrying out this Act, the Secretary shall--
(1) support and coordinate existing efforts to conserve
neotropical migratory bird species, through--
(A) facilitating meetings among persons involved in such
efforts;
(B) promoting the exchange of information among such
persons;
(C) developing and entering into agreements with other
Federal agencies, foreign, State, and local governmental
agencies, and nongovernmental organizations; and
(D) conducting such other activities as the Secretary
considers to be appropriate; and
(2) coordinate activities and projects under this Act with
existing efforts in order to enhance conservation of neotropical
migratory bird species.
(b) Advisory Group.--
(1) In general.--To assist in carrying out this Act, the
Secretary may convene an advisory group consisting of individuals
representing public and private organizations actively involved in
the conservation of neotropical migratory birds.
(2) Public participation.--
(A) Meetings.--The advisory group shall--
(i) ensure that each meeting of the advisory group is
open to the public; and
(ii) provide, at each meeting, an opportunity for
interested persons to present oral or written statements
concerning items on the agenda.
(B) Notice.--The Secretary shall provide to the public
timely notice of each meeting of the advisory group.
(C) Minutes.--Minutes of each meeting of the advisory group
shall be kept by the Secretary and shall be made available to
the public.
(3) Exemption from federal advisory committee act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
advisory group.
SEC. 8. REPORT TO CONGRESS.
Not later than October 1, 2002, the Secretary shall submit to
Congress a report on the results and effectiveness of the program
carried out under this Act, including recommendations concerning how
the Act might be improved and whether the program should be continued.
SEC. 9. NEOTROPICAL MIGRATORY BIRD CONSERVATION ACCOUNT.
(a) Establishment.--There is established in the Multinational
Species Conservation Fund of the Treasury a separate account to be
known as the ``Neotropical Migratory Bird Conservation Account'', which
shall consist of amounts deposited into the Account by the Secretary of
the Treasury under subsection (b).
(b) Deposits Into the Account.--The Secretary of the Treasury shall
deposit into the Account--
(1) all amounts received by the Secretary in the form of
donations under subsection (d); and
(2) other amounts appropriated to the Account.
(c) Use.--
(1) In general.--Subject to paragraph (2), the Secretary may
use amounts in the Account, without further Act of appropriation,
to carry out this Act.
(2) Administrative expenses.--Of amounts in the Account
available for each fiscal year, the Secretary may expend not more
than 3 percent or up to $80,000, whichever is greater, to pay the
administrative expenses necessary to carry out this Act.
(d) Acceptance and Use of Donations.--The Secretary may accept and
use donations to carry out this Act. Amounts received by the Secretary
in the form of donations shall be transferred to the Secretary of the
Treasury for deposit into the Account.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Account to carry out
this Act $5,000,000 for each of fiscal years 2001 through 2005, to
remain available until expended, of which not less than 75 percent of
the amounts made available for each fiscal year shall be expended for
projects carried out outside the United States.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Authorizes project proposals to be submitted by: (1) individuals or other private entities; (2) Federal, State, local, or foreign government entities; (3) other entities subject to U.S. or foreign jurisdiction; and (4) international organizations.Limits the Federal share of project costs to 25 percent and prohibits the non-Federal share from being derived from any Federal grant program.Authorizes the Secretary to: (1) give preference in selecting projects for financial assistance to proposals that address conservation needs not adequately addressed by existing efforts and that are supported by wildlife management authorities; (2) support and coordinate existing efforts and activities and projects under this Act to conserve neotropical migratory bird species; and (3) convene an advisory group of individuals representing organizations involved in neotropical migratory bird conservation to assist in carrying out this Act.Establishes in the Multinational Species Conservation Fund of the Treasury a Neotropical Migratory Bird Conservation Account. Authorizes appropriations to the Account for FY 2001 through 2005 to carry out this Act. | Neotropical Migratory Bird Conservation Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tools for Community Initiatives
Act''.
SEC. 2. ESTABLISHMENT.
There is established in the Executive Office of the President the
Office of Faith-Based and Community Initiatives (hereafter referred to
as ``the Office'').
SEC. 3. DIRECTOR.
(a) Director.--The head of the Office shall be the Director of the
Office of Faith-Based and Community Initiatives, who shall be appointed
by the President.
(b) Pay of Director.--Section 5314 of title 5, United States Code,
is amended by inserting after the item relating to the Administrator of
the Centers for Medicare & Medicaid Services the following new item:
``Director of the Office of Faith-Based and
Community Initiatives.''.
(c) Interim Director.--The individual serving as the Director of
the Office of Faith-Based and Community Initiatives on the date of the
enactment of this Act may serve as Interim Director until such time as
a Director is appointed by the President in accordance with subsection
(a).
SEC. 4. RESPONSIBILITIES.
(a) In General.--The Director shall encourage faith-based and
community initiatives and work to eliminate improper Federal barriers
so as to allow faith-based and community entities to compete for
Federal funding to the fullest opportunity permitted by law.
(b) Specific Duties.--In carrying out the responsibilities of the
Office, the Director shall--
(1) develop, lead, and coordinate policies with respect to
faith-based and community initiatives;
(2) support faith-based and community initiatives,
especially those serving at-risk youth, ex-offenders, the
homeless and hungry, substance abusers, those with HIV and
AIDS, and welfare-to-work families;
(3) work to expand the role of faith-based and community
initiatives through executive action, legislation, regulation,
and Federal and private funding;
(4) ensure that the policy decisions made by the
administration and the Federal Government are consistent with
stated goals with respect to faith-based and community
initiatives;
(5) help to integrate policies affecting faith-based and
other community organizations across the Federal Government;
(6) coordinate public education activities designed to
mobilize public support for faith-based and community
initiatives by encouraging volunteerism, special projects,
demonstration pilots, and public-private partnerships;
(7) encourage private charitable giving to support faith-
based and community initiatives;
(8) advise the President on options and ideas to assist,
strengthen, and replicate successful faith-based and community
initiatives;
(9) provide policy and legal education to State, local, and
community policymakers and public officials seeking ways to
support and encourage faith-based and community initiatives;
(10) develop and implement strategic initiatives in keeping
with policies that will strengthen families, communities, and
the institutions of civil society;
(11) showcase and herald innovative grassroots nonprofit
organizations and civic initiatives;
(12) work to eliminate unnecessary legislative and
regulatory barriers which impede the efforts of faith-based and
community initiatives to solve social problems;
(13) monitor the implementation of policies with respect to
faith-based and community initiatives by the Centers for Faith-
Based and Community Initiatives established within certain
departments and agencies of the Federal Government; and
(14) work to establish high standards of excellence and
accountability for faith-based and community initiatives.
SEC. 5. ADMINISTRATION.
(a) Officers.--The President shall assign to the Office such
officers in addition to the Director, if any, as the President, in
consultation with the Director, considers appropriate to discharge the
responsibilities of the Office.
(b) Staff.--The Director may appoint such employees as necessary to
carry out the functions of the Office.
(c) Resources.--The President shall, in consultation with the
Director, assign or allocate to the Office such resources, including
funds and other resources, as the President considers appropriate in
order to facilitate the discharge of the responsibilities of the
Office.
(d) Obtaining Official Data.--The Office may secure directly from
any department or agency of the United States information necessary to
enable it to carry out this Act. Upon request of the Director, the head
of that department or agency shall furnish that information to the
Office.
SEC. 6. DESIGNATED DEPARTMENT OR AGENCY LIAISON.
(a) In General.--The head of each designated department or agency
shall designate a liaison who shall be responsible for coordinating the
activities of that department or agency with the Office.
(b) Responsibilities of Liaison.--Each designated department or
agency liaison shall--
(1) conduct, in coordination with the Office, a review of
the policies and procedures of the designated department or
agency to identify any barriers to the participation of faith-
based and community initiatives in the delivery of social
services by such department or agency, including, but not
limited to, regulations, rules, orders, procurement, outreach
activities, and other internal policies and practices that
either facially discriminate against or otherwise discourage or
disadvantage the participation of faith-based and other
community organizations in Federal programs;
(2) coordinate a comprehensive effort to incorporate faith-
based and community initiatives in the programs and initiatives
of the designated department or agency;
(3) propose initiatives to remove barriers identified
pursuant to the review conducted under paragraph (1);
(4) propose the development of pilot and demonstration
programs to increase the participation of faith-based and
community initiatives in Federal, State, and local initiatives;
and
(5) develop and coordinate the outreach efforts of the
designated department or agency to disseminate information to
faith-based and community initiatives with respect to
programming changes, contracting opportunities, and other
initiatives.
(c) Annual Report.--Not later than March 31 of each year, each
designated department or agency liaison shall submit to the Office an
annual report which shall include the following:
(1) A description of the efforts by the designated
department or agency liaison to carry out the responsibilities
under subsection (b).
(2) A comprehensive analysis of the barriers to the full
participation of faith-based and community initiatives in the
delivery of social services pursuant to the review conducted
under subsection (b)(1).
(3) A summary of information made available to faith-based
and community initiatives under subsection (b)(5).
(d) Designated Department or Agency.--For the purposes of this
subsection, ``designated department or agency'' means a department or
agency of the Federal Government with a Center for Faith-Based and
Community Initiatives, and shall include the following departments and
agencies:
(1) The Department of Education.
(2) The Department of Labor.
(3) The Department of Justice.
(4) The Department of Health and Human Services.
(5) The Department of Housing and Urban Development.
(6) The Department of Agriculture.
(7) The Agency for International Development.
(8) The Department of Commerce.
(9) The Department of Veterans Affairs.
(10) The Small Business Administration.
SEC. 7. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) Federal financial assistance for social service
programs should be distributed in the most effective and
efficient manner possible;
(2) the Nation's social service capability will benefit if
all eligible organizations, including faith-based and other
community organizations, are able to compete on an equal
footing for Federal financial assistance used to support social
service programs;
(3) in the administration or distribution of Federal
financial assistance, no organization should be discriminated
against on the basis of religion or religious belief;
(4) the Federal Government must implement Federal programs
in accordance with the establishment clause and the free
exercise clause of the first amendment of the Constitution;
(5) consistent with the free exercise clause and the free
speech clause of the Constitution, faith-based organizations
should be eligible to receive Federal financial assistance and
to participate fully in any social service program supported
with Federal financial assistance without impairing their
independence, autonomy, expression, or religious character;
(6) any organization that receives Federal financial
assistance to provide social services should be prohibited from
discriminating against beneficiaries or potential beneficiaries
of the services it provides on the basis of religion, religious
belief, refusal to hold a religious belief, or refusal to
participate in a religious practice;
(7) an organization that engages in inherently religious
activities, such as worship, religious instruction, and
proselytization, should be eligible to receive Federal
financial assistance, provided that the organization offers
such religious activities separately in time or location from
any program or service supported with direct Federal financial
assistance, and that participation in any such religious
activity must be voluntary for any beneficiary of a social
service program supported with Federal financial assistance;
(8) any faith-based organization that receives Federal
financial assistance should be able to retain its independence
and to continue to carry out its mission, including the
definition, development, practice, and expression of religious
beliefs, provided that it does not use Federal financial
assistance to support any inherently religious activity, such
as worship, religious instruction, or proselytization;
(9) any faith-based organization that receives Federal
financial assistance should be able to use its facilities to
provide social services supported with Federal financial
assistance, without removing or altering religious art, icons,
scriptures, or other symbols from these facilities; and
(10) any faith-based organization that receives Federal
financial assistance should be able to retain any religious
terms in the organization's name, take religion into account in
selecting board members, and include religious references in
any organization mission statements or other chartering or
governing documents. | Tools for Community Initiatives Act - Establishes the Office of Faith-Based and Community Initiatives (the Office) in the Executive Office of the President. Requires the Director of the Office to encourage faith-based and community initiatives and work to eliminate improper Federal barriers so as to allow faith-based and community entities to compete for Federal funding to the fullest opportunity permitted by law, including by: (1) developing, leading, and coordinating policies with respect to such initiatives; (2) coordinating public education activities designed to mobilize public support for such initiatives; (3) advising the President on options and ideas to assist, strengthen, and replicate successful initiatives; (4) developing and implementing strategic initiatives in keeping with policies that will strengthen families, communities, and the institutions of civil society; and (5) working to eliminate unnecessary legislative and regulatory barriers which impede the efforts of such initiatives to solve social problems.
Requires the heads of the Departments of Education, Labor, Justice, Health and Human Services, Housing and Urban Development, Agriculture, Commerce, and Veteran Affairs, the Agency for International Development, and the Small Business Administration to designate a liaison to coordinate the activities of the department or agency with the Office. Lists designated department or agency liaison responsibilities. | To establish the Office of Faith-Based and Community Initiatives. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Office of Strategic Services
Congressional Gold Medal Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Office of Strategic Services (OSS) was America's first
effort to implement a system of strategic intelligence during World
War II and provided the basis for the modern-day American
intelligence and special operations communities. The U.S. Special
Operations Command and the National Clandestine Service chose the
OSS spearhead as their insignias.
(2) OSS founder General William J. Donovan is the only person
in American history to receive our Nation's four highest
decorations, including the Medal of Honor. Upon learning of his
death in 1959, President Eisenhower called General Donovan the
``last hero''. In addition to founding and leading the OSS, General
Donovan was also selected by President Roosevelt, who called him
his ``secret legs'', as an emissary to Great Britain and
continental Europe before the United States entered World War II.
(3) All the military branches during World War II contributed
personnel to the OSS. The present-day Special Operations Forces
trace their lineage to the OSS. Its Maritime Unit was a precursor
to the U.S. Navy SEALs. The OSS Operational Groups and Jedburghs
were forerunners to U.S. Army Special Forces. The 801st/492nd
Bombardment Group (``Carpetbaggers'') were progenitors to the Air
Force Special Operations Command. The Marines who served in the
OSS, including the actor Sterling Hayden (a Silver Star recipient),
Col. William Eddy (a Distinguished Service Cross recipient who was
described as the ``nearest thing the United States has had to a
Lawrence of Arabia''), and Col. Peter Ortiz (a two-time Navy Cross
recipient), were predecessors to the Marine Special Operations
Command. U.S. Coast Guard personnel were recruited for the Maritime
Unit and its Operational Swimmer Group.
(4) The OSS organized, trained, supplied, and fought with
resistance organizations throughout Europe and Asia that played an
important role in America's victory during World War II. General
Eisenhower credited the OSS's covert contribution in France to the
equivalent to having an extra military division. General Eisenhower
told General Donovan that if it did nothing else, the photographic
reconnaissance conducted by the OSS prior to the D-Day Invasion
justified its creation.
(5) Four future directors of central intelligence served as OSS
officers: William Casey, William Colby, Allen Dulles, and Richard
Helms.
(6) Women comprised more than one-third of OSS personnel and
played a critical role in the organization. They included Virginia
Hall, the only civilian female to receive a Distinguished Service
Cross in World War II, and Julia Child.
(7) OSS recruited Fritz Kolbe, a German diplomat who became
America's most important spy against the Nazis in World War II.
(8) America's leading scientists and scholars served in the OSS
Research and Analysis Branch, including Ralph Bunche, the first
African-American to receive the Nobel Peace Prize; Pulitzer Prize-
winning historian Arthur Schlesinger, Jr.; Supreme Court Justice
Arthur Goldberg; Sherman Kent; John King Fairbank; and Walt Rostow.
Its ranks included seven future presidents of the American
Historical Association, five of the American Economic Association,
and two Nobel laureates.
(9) The U.S. Department of State's Bureau of Intelligence and
Research traces its creation to the OSS Research and Analysis
Branch.
(10) James Donovan, who was portrayed by Tom Hanks in the
Steven Spielberg movie ``Bridge of Spies'' and negotiated the
release of U-2 pilot Francis Gary Powers, served as General Counsel
of the OSS.
(11) The OSS invented and employed new technology through its
Research and Development Branch, inventing new weapons and
revolutionary communications equipment. Dr. Christian Lambertsen
invented the first underwater rebreathing apparatus that was first
utilized by the OSS and is known today as SCUBA.
(12) OSS Detachment 101 operated in Burma and pioneered the art
of unconventional warfare. It was the first United States unit to
deploy a large guerrilla army deep in enemy territory. It has been
credited with the highest kill/loss ratio for any infantry-type
unit in American military history and was awarded a Presidential
Unit Citation.
(13) Its X-2 branch pioneered counterintelligence with the
British and established the modern counterintelligence community.
The network of contacts built by the OSS with foreign intelligence
services led to enduring Cold War alliances.
(14) Operation Torch, the Allied invasion of French North
Africa in November 1942, was aided by the networks established and
information acquired by the OSS to guide Allied landings.
(15) OSS Operation Halyard rescued more than 500 downed airmen
trapped behind enemy lines in Yugoslavia, one of the most daring
and successful rescue operations of World War II.
(16) OSS ``Mercy Missions'' at the end of World War II saved
the lives of thousands of Allied prisoners of war whom it was
feared would be murdered by the Japanese.
(17) The handful of surviving men and women of the OSS whom
General Donovan said performed ``some of the bravest acts of the
war'' are members of the ``Greatest Generation''. They have never
been collectively recognized for their heroic and pioneering
service in World War II.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of the
Congress, of a gold medal of appropriate design in commemoration to the
members of the Office of Strategic Services (OSS), in recognition of
their superior service and major contributions during World War II.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions, to be determined by the Secretary.
(c) Smithsonian Institution.--
(1) In general.--Following the award of the gold medal in
commemoration to the members of the Office of Strategic Services
under subsection (a), the gold medal shall be given to the
Smithsonian Institution, where it will be displayed as appropriate
and made available for research.
(2) Sense of congress.--It is the sense of Congress that the
Smithsonian Institution should make the gold medal received under
paragraph (1) available for display elsewhere, particularly at
other appropriate locations associated with the Office of Strategic
Services.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 3 under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--The medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | . The expanded summary of the Senate passed version is repeated here.) Office of Strategic Services Congressional Gold Medal Act (Sec. 3) This bill requires the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a Congressional Gold Medal to the members of the Office of Strategic Services in recognition of their service and contributions during World War II. After the medal is awarded, it must be given to the Smithsonian Institution. | Office of Strategic Services Congressional Gold Medal Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Services for Children of Substance
Abusers Reauthorization Act''.
SEC. 2. AMENDMENTS TO PUBLIC HEALTH SERVICE ACT.
(a) Administration and Activities.--
(1) Administration.--Section 399D(a) of the Public Health
Service Act (42 U.S.C. 280d(a)(1)) is amended--
(A) in paragraph (1), by striking ``Administrator''
and all that follows through ``Administration'' and
insert ``Director of the Substance Abuse and Mental
Health Services Administration''; and
(B) in paragraph (2), by striking ``Administrator
of the Substance Abuse and Mental Health Services
Administration'' and inserting ``Administrator of the
Health Resources and Services Administration''.
(2) Activities.--Section 399D(a)(1) of the Public Health
Service Act (42 U.S.C. 280d(a)(1)) is amended--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period and
inserting the following: ``through family social
services; child protective services; child care
providers (including Head Start, schools, and early
childhood development programs); community-based family
resource and support centers; the criminal justice
system; health and mental health providers through
screenings conducted during regular childhood
examinations and other examinations; self and family
member referrals; treatment services; and other service
providers and agencies serving children and families;
and''; and
(C) by adding at the end the following:
``(D) to provide education and training to health
care professionals, child welfare providers, and the
personnel or such providers who provide services to
children and families.''.
(3) Identification of certain children.--Section
399D(a)(3)(A) of the Public Health Service Act (42 U.S.C.
280d(a)(3)(A)) is amended--
(A) in clause (i), by striking ``(i) the entity''
and inserting ``(i)(I) the entity'';
(B) in clause (ii)--
(i) by striking ``(ii) the entity'' and
inserting ``(II) the entity''; and
(ii) by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(iii) the entity will identify children
who may be eligible for medical assistance
under a State program under title XIX of the
Social Security Act.''.
(b) Services for Children.--Section 399D(b) of the Public Health
Service Act (42 U.S.C. 280d(b)) is amended--
(1) in paragraph (1), by inserting ``alcohol and drug,''
after ``psychological,''; and
(2) by striking paragraph (5) and inserting the following:
``(5) Drug and alcohol treatment and prevention
services.''.
(c) Services for Affected Families.--Section 399D(c) of the Public
Health Service Act (42 U.S.C. 280d(c)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
inserting before the semicolon the following: ``, or
through an entity that meets applicable State licensure
or certification requirements regarding the services
involved''; and
(B) by adding at the end the following:
``(D) Aggressive outreach to family members with
substance abuse problems.
``(E) Inclusion of consumer in the development,
implementation, and monitoring of Family Services
Plan.''; and
(2) in paragraph (2)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) Alcohol and drug treatment services,
including screening and assessment, diagnosis,
detoxification, individual, group and family
counseling, relapse prevention, and case management.'';
(B) by striking subparagraph (C) and inserting the
following:
``(C) Pre- and post-pregnancy family planning
services and counseling on the human immunodeficiency
virus and acquired immune deficiency syndrome.'';
(C) in subparagraph (D), by striking ``conflict
and''; and
(D) in subparagraph (E), by striking ``Remedial''
and inserting ``Career planning and''.
(d) Eligible Entities.--Section 399D(d) of the Public Health
Service Act (42 U.S.C. 280d(d)) is amended--
(1) by striking the matter preceding paragraph (1) and
inserting:
``(d) Eligible Entities.--The Secretary shall distribute the grants
through the following types of entities:'';
(2) in paragraph (1), by inserting ``or prevention'' after
``drug treatment''; and
(3) in paragraph (2)--
(A) in subparagraph (A), by striking ``; and'' and
inserting ``; or''; and
(B) in subparagraph (B), by inserting ``or
pediatric health or mental health providers and family
mental health providers'' before the period.
(e) Submission of Information.--Section 399D(h) of the Public
Health Service Act (42 U.S.C. 280d(h)) is amended--
(1) in paragraph (2)--
(A) by inserting ``including maternal and child
health'' before ``mental'';
(B) by striking ``treatment programs''; and
(C) by striking ``and the State agency responsible
for administering public maternal and child health
services'' and inserting ``, the State agency
responsible for administering alcohol and drug
programs, the State lead agency, and the State
Interagency Coordinating Council under part H of the
Individuals with Disabilities Education Act''; and
(2) in paragraph (3)(B), by inserting before the semicolon
the following: ``when the child can be cared for at home
without endangering the child's safety''.
(f) Reports.--Section 399D(i)(6) of the Public Health Service Act
(42 U.S.C. 280d(k)(6)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by adding ``and'' after the
semicolon; and
(3) by adding at the end the following:
``(F) the number of children described in
subparagraph (C) for whom the permanent plan is other
than family reunification;''.
(g) Evaluations.--Section 399D(l) of the Public Health Service Act
(42 U.S.C. 280d(l)) is amended--
(1) in paragraph (4), by inserting before the semicolon the
following: ``, including increased participation in work or
employment-related activities and decreased participation in
welfare programs'';
(2) in paragraph (5), by striking ``children whose'' and
inserting ``children who can be cared for at home without
endangering their safety and whose''; and
(3) in paragraph (6), by inserting before the semicolon the
following: ``if the reunification would not endanger the
child''.
(h) Report to Congress.--Section 399D(m) of the Public Health
Service Act (42 U.S.C. 280d(m)) is amended--
(1) in paragraph (2), by adding ``and'' at the end;
(2) in paragraph (3), by striking the semicolon at the end
and inserting a period; and
(3) by striking paragraphs (4) and (5).
(i) Data Collection.--Section 399D(n) of the Public Health Service
Act (42 U.S.C. 280d(n)) is amended by adding at the end the following:
``The periodic report shall include a quantitative estimate of the
prevalence of alcohol and drug problems in families involved in the
child welfare system, the barriers to treatment and prevention services
facing these families, and policy recommendations for removing the
identified barriers, including training for child welfare workers.''.
(j) Definition.--Section 399D(o)(2)(B) of the Public Health Service
Act (42 U.S.C. 280d(o)(2)(B)) is amended by striking ``dangerous''.
(k) Authorization of Appropriations.--Section 399D(p) of the Public
Health Service Act (42 U.S.C. 280d(p)) is amended to read as follows:
``(p) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $50,000,000
for fiscal year 1998, and such sums as may be necessary for fiscal year
1999.''.
(l) Grants for Training and Conforming Amendments.--Section 399D of
the Public Health Service Act (42 U.S.C. 280d) is amended--
(1) by striking subsection (f);
(2) by striking subsection (k);
(3) by redesignating subsections (d), (e), (g), (h), (i),
(j), (l), (m), (n), (o), and (p) as subsections (e) through
(o), respectively;
(4) by inserting after subsection (c), the following:
``(d) Training for Health Care Professionals, Child Welfare
Providers, and Other Personnel.--The Secretary may make a grant under
subsection (a) for the training of health care professionals, child
welfare providers, and other personnel who provide services to
vulnerable children and families. Such training shall be to assist
professionals in recognizing the drug and alcohol problems of their
clients and to enhance their skills in identifying and obtaining
substance abuse prevention and treatment resources.'';
(5) in subsection (k)(2) (as so redesignated), by striking
``(h)'' and inserting ``(i)''; and
(6) in paragraphs (3)(E) and (5) of subsection (m) (as so
redesignated), by striking ``(d)'' and inserting ``(e)''. | Services for Children of Substance Abusers Reauthorization Act - Amends the Public Health Service Act to require that the Director of the Substance Abuse and Mental Health Services Administration (currently, the Administrator of the Health Resources and Services administration) make grants for: (1) services for children and families of substance abusers; (2) identification of such children and families; and (3) education and training of providers of such services. Adds alcohol and drug evaluation, treatment, and prevention to the services to be provided to children (replacing provisions mandating preventive counseling services). Allows services to be delivered to families through an entity that meets State licensure or certification requirements for that service. Mandates aggressive outreach to family members with substance abuse problems. Modifies requirements regarding: (1) mandated services for substance abusers; (2) grant eligibility; and (3) information submitted by grant applicants.
Removes provisions mandating: (1) coordination with the State lead agency and the State Interagency Coordinating Council under the Individuals with Disabilities Education Act; and (2) peer review as part of the grant awarding process.
Authorizes grants for the training of personnel who provide services to vulnerable children and families to assist the professionals in recognizing drug and alcohol problems and to enhance their skills in identifying and obtaining substance abuse prevention and treatment resources.
Authorizes appropriations. | Services for Children of Substance Abusers Reauthorization Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Child Labor
Elimination Act of 1996''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Article 32 of the United Nations Convention on the
Rights of the Child recognizes ``the right of the child to be
protected from economic exploitation and from performing any
work that is likely to be hazardous or to interfere with the
child's education or to be harmful to the child's health or
physical, mental, spiritual, moral or social development.''.
(2) Article 2 of Convention 138 of the International Labor
Organization, the Minimum Age Convention, states that the
minimum age for admission to employment or work ``shall not be
less than the age of completion of compulsory schooling and, in
any case, shall not be less than 15 years.''.
(3) Convention 29 of International Labor Organization, the
Forced Labor Convention, which has been in effect since 1930,
prohibits most forms of ``forced or compulsory labor'',
including all forced labor by people under the age of 18.
(4) Although it is among the most universally condemned of
all human rights abuses, child labor is widely practiced. The
International Labor Organization has estimated the total number
of child workers to be between 100,000,000 and 200,000,000.
More than 95 percent of those child workers live in developing
countries.
(5) The International Labor Organization has estimated that
13.2 percent of all children 10 to 14 years of age around the
world were economically active in 1995. There are no reliable
figures on workers under 10 years of age, though their numbers
are known to be significant. Reliable child labor statistics
are not readily available, in part because many governments in
the developing world are reluctant to document those
activities, which are often illegal under domestic laws, which
violate international standards, and which may be perceived as
a failure of internal public policy.
(6) Notwithstanding international and domestic
prohibitions, many children in developing countries are forced
to work as debt-bonded and slave laborers in hazardous and
exploitative industries. According to the United Nations
Working Group on Contemporary Forms of Slavery and the
International Labor Organization, there are tens of millions of
child slaves in the world today. Large numbers of those slaves
are involved in agricultural and domestic labor, the sex
industry, the carpet and textile industries, and quarrying and
brick making.
(7) In many countries, children lack either the legal
standing or the means to protect themselves from cruelty and
exploitation in the workplace.
(8) The employment of children often interferes with the
opportunities of such children for basic education.
Furthermore, where it coexists with high rates of adult
unemployment, the use of child labor likely denies gainful
employment to millions of adults.
(9) While child labor is a complex and multifaceted
phenomenon that is tied to issues of poverty, educational
opportunity, and culture, its most abusive and hazardous forms
are repugnant to basic human rights and must be eliminated.
SEC. 3. IDENTIFICATION OF FOREIGN COUNTRIES AND INDUSTRIES THAT USE
CHILD LABOR IN PRODUCING GOODS.
(a) Identification of Countries and Industries.--The Secretary of
Labor shall, not later than 6 months after the date of the enactment of
this Act, and not later than the end of each 1-year period thereafter,
identify those foreign countries that do not prohibit child labor, or
that have laws prohibiting child labor but do not effectively enforce
them, and those industries in such countries in which goods are
produced or services provided with the use of child labor. The
Secretary may revoke the identification of a country or an industry
before the end of the 1-year period during which the identification
would otherwise be effective, if revocation is warranted by new
information or a change in the laws or practices of a country.
(b) Sanctions.--The sanctions set forth in section 4 shall apply
with respect to those countries and industries identified under
subsection (a) for so long as the identification is effective under
such subsection.
(c) Exemption.--The prohibition under section 4(a)(1)(B) on
activities of the Export-Import Bank of the United States, the
prohibition under section 4(a)(1)(C) on activities of the Overseas
Private Investment Corporation, and the prohibition on multilateral
assistance under section 4(a)(2) shall not apply with respect to a
business entity if it is established to the satisfaction of the
Secretary of Labor that no goods produced by that entity are products
of child labor and that the business entity does not otherwise use
child labor.
SEC. 4. PROHIBITION ON ASSISTANCE FOR FOREIGN COUNTRIES THAT USE CHILD
LABOR IN PRODUCING GOODS.
(a) Prohibition on Assistance.--
(1) Bilateral assistance.--
(A) In general.--Subject to subparagraph (C), the
President may not provide to a foreign country
identified by the Secretary of Labor under section
3(a)--
(i) any assistance under the Foreign
Assistance Act of 1961, other than--
(I) disaster relief assistance,
including any assistance under chapter
9 of part I of such Act;
(II) assistance which involves the
provision of food (including
monetization of food) or medicine; and
(III) assistance for refugees;
(ii) sales, or financing on any terms,
under the Arms Export Control Act; and
(iii) the provision of agricultural
commodities, other than food, under the
Agricultural Trade Development and Assistance
Act of 1954.
(B) Export-import bank.--The Export-Import Bank of
the United States may not give approval to the issuance
of any guarantee, insurance, extension of credit, or
participation in an extension of credit in connection
with the provision of any good or service to--
(i) the government of a foreign country
identified by the Secretary of Labor under
section 3(a), or an agency of such government; or
(ii) a business entity that is in an
industry identified by the Secretary of Labor
under section 3(a) in such a country.
(C) Overseas private investment corporation.--(i)
The Overseas Private Investment Corporation may not
issue insurance, reinsurance, or financing, or conduct
other activities, in connection with an industry
identified by the Secretary of Labor under section
3(a).
(ii) Clause (i) does not affect contracts entered
into by the Overseas Private Investment Corporation
before the date of the enactment of this Act.
(2) Multilateral assistance.--The Secretary of the Treasury
shall instruct the United States Executive Director of each
international financial institution to use the voice and vote
of the United States to oppose any loan or other use of the
funds of such institution to or for any industry identified by
the Secretary of Labor under section 3(a).
(b) Exception.--A foreign country or an industry identified by the
Secretary of Labor under section 3(a) may receive bilateral assistance
described in subsection (a)(1) if the President determines and
certifies to the Congress that it is in the vital national interest of
the United States to provide such bilateral assistance to such country
or industry, as the case may be. The President shall include in any
such certification--
(1) a full and complete description of the vital national
interest of the United States that is placed at risk if such
assistance is not provided to such country or industry; and
(2) a statement weighing the risk described in paragraph
(1) against the risk posed to the vital national interest of
the United States by the failure of such country to adopt or
enforce laws prohibiting child labor or by the use of child
labor by such industry, as the case may be.
SEC. 5. REGULATIONS.
The President shall issue such regulations as are necessary to
carry out this Act.
SEC. 6. UNITED STATES SUPPORT FOR DEVELOPMENTAL ALTERNATIVES FOR
UNDERAGE CHILD WORKERS.
There is authorized to be appropriated to the President the sum of
$10,000,000 for each of fiscal years 1997 through 2001 for a United
States contribution to the International Labor Organization for the
activities of the International Program on the Elimination of Child
Labor.
SEC. 7. DEFINITIONS.
As used in this Act:
(1) Child labor.--The term ``child labor'' means the
performance of services in exchange for remuneration
(regardless of to whom paid), subsistence, goods, or services,
or any combination thereof, or under circumstances tantamount
to involuntary servitude--
(A) by persons who have not attained the minimum
age, except for--
(i) light work by persons no more than 2
years younger than the minimum age that is not
likely to harm their health or development and
which does not prejudice their attendance at
school, their participation in vocational
orientation or training programs approved by
the competent authority in the country
concerned, or their capacity to benefit from
the instruction received,
(ii) work on family and small-scale
agricultural holdings which produce for local
consumption and do not regularly employ hired
workers,
(iii) work done by persons at least 14
years of age in schools or other training
institutions for general, vocational, or
technical education,
(iv) work done by persons at least 14 years
of age as an integral part of a program of
education, training, or occupational guidance
carried out in accordance with conditions
prescribed by the competent authority in the
country concerned, and
(v) participation in artistic performances
pursuant to permits granted in individual cases
by the competent authority in the country
concerned; and
(B) by persons under the age of 18 if such services
would likely jeopardize the health, safety, or moral
character of a young person, except for the performance
of such services by individuals at least 16 years of
age where--
(i) the country concerned has expressly
authorized such employment by national laws or
regulation;
(ii) the health, safety, and morals of the
individuals involved are fully protected; and
(iii) the individuals involved have
received adequate specific instruction or
vocational training in the relevant branch of
activity.
(2) Minimum age.--The term ``minimum age'' means the age at
which children complete compulsory schooling under the national
laws of the country concerned, or the age of 15, whichever is
older, except that when a country whose economy and educational
facilities are insufficiently developed has specified, pursuant
to an international agreement, a minimum age of 14 years for a
period of limited and specifically identified duration, the
term ``minimum age'' means the age of 14 years during that
period.
(3) Product of child labor.--A good shall be treated as
being a product of child labor if the good--
(A) was fabricated, assembled, or processed, in
whole or part,
(B) contains any part that was fabricated,
assembled, or processed, in whole or in part, or
(C) was harvested, mined, quarried, pumped, or
otherwise extracted,
with child labor.
(4) Business entity.--The term ``business entity''--
(A) means any entity that produces (including
fabricating, assembling, processing, harvesting,
mining, quarrying, pumping, or otherwise extracting),
sells, imports, exports, or contracts for the
production of, a good in a foreign country; and
(B) includes, but is not limited to, entities owned
or controlled in whole or in part by the government of
a foreign country.
(5) Foreign country.--The term ``foreign country'' means
any foreign country and any possession or territory of a
foreign country that is administered separately for customs
purposes (and includes any designated zone within such country,
possession, or territory).
(6) International financial institution.--The term
``international financial institution'' means the International
Bank for Reconstruction and Development, the International
Development Association, the Multilateral Investment Guarantee
Agency, the Inter-American Development Bank, the Asian
Development Bank, the African Development Bank, the African
Development Fund, the International Monetary Fund, the European
Bank for Reconstruction and Development, and the International
Finance Corporation. | International Child Labor Elimination Act of 1996 - Directs the Secretary of Labor to annually identify foreign countries that do not prohibit child labor, or that have laws prohibiting child labor but do not enforce them, and those industries in such countries in which child labor is used.
Prohibits U.S. and multilateral assistance to identified countries, with specified exceptions.
Authorizes appropriations for a U.S. contribution to the International Labor Organization for the activities of the International Program on the Elimination of Child Labor. | International Child Labor Elimination Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade and Professional Association
Free Flow of Information Act of 1997''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) trade and professional associations serve the public
interest by conducting research, collecting and distributing
information, and otherwise providing services to their members
with regard to products and materials purchased and used by
those members;
(2) in the decade preceding the date of enactment of this
Act, many large class action lawsuits have been filed against
manufacturers for allegedly defective products;
(3) as a result of the lawsuits referred to in paragraph
(2), many members of trade and professional associations who
are consumers of those products have relied increasingly on
trade and professional associations for information concerning
those products, including information concerning--
(A) the conditions under which such a product may
be used effectively;
(B) whether it is necessary to repair or replace
such a product, and if such a repair or replacement is
necessary, the appropriate means of accomplishing that
repair or replacement; and
(C) any litigation concerning such a product;
(4) trade and professional associations have, with an
increasing frequency, been served broad and burdensome third-
party subpoenas from litigants in product defect lawsuits,
including class action lawsuits;
(5) members of trade and professional associations are
seeking potentially beneficial information relating to product
defects, quality, or performance from the trade and
professional associations;
(6) trade and professional associations have been subject
to lawsuits concerning methods of collection and dissemination
of that information;
(7) the burden of responding to third-party subpoenas in
product defect lawsuits and the threat of litigation have had a
substantial chilling effect on the ability and willingness of
trade and professional associations to disseminate information
described in paragraph (5) to members, and the threat that
information provided on a confidential basis to members could
be subject to discovery in a civil action also has a chilling
effect;
(8) because of the national scope of the problems described
in paragraphs (1) through (7), it is not possible for States to
fully address the problems by enacting State laws; and
(9) the Federal Government has the authority under the
United States Constitution (including article I, section 8,
clause 3 of the Constitution and the 14th amendment to the
Constitution) to remove barriers to interstate commerce and
protect due process rights.
(b) Purposes.--The purposes of this Act are to promote the free
flow of goods and services and lessen burdens on interstate commerce in
accordance with the authorities referred to in subsection (a)(9) by
ensuring the free flow of information concerning product defects,
quality, or performance among trade and professional associations and
their members.
SEC. 2. DEFINITIONS.
In this Act:
(1) Product.--
(A) In general.--The term ``product'' means any
object, substance, mixture, or raw material in a
gaseous, liquid, or solid state that--
(i) is capable of delivery itself or as an
assembled whole, in a mixed or combined state,
or as a component part or ingredient;
(ii) is produced for introduction into
trade or commerce;
(iii) has intrinsic economic value; and
(iv) is intended for sale or lease to
persons for commercial or personal use,
including improvements to real property and
fixtures that are affixed or incorporated into
those improvements.
(B) Exclusions.--The term does not include--
(i) tissue, organs, blood, and blood
products used for therapeutic or medical
purposes, except to the extent that such
tissue, organs, blood, and blood products (or
the provision thereof) are subject, under
applicable State law, to a standard of
liability other than negligence; or
(ii) electricity, natural gas, or steam.
(2) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, and any
commonwealth, territory, or possession of the United States.
(3) Trade or professional association.--The term ``trade or
professional association'' means an organization described in
paragraph (3), (4), (5), or (6) of section 501(c) of the
Internal Revenue Code of 1986 that is exempt from taxation
under section 501(a) of such Code.
SEC. 3. QUALIFIED EXEMPTION FROM CIVIL LIABILITY.
(a) In General.--
(1) In general.--Except as provided in subsection (b), a
trade or professional association shall not be subject to civil
liability relating to harm caused by the provision of
information described in paragraph (2) by the trade or
professional association to a member of the trade or
professional association.
(2) Information.--The information described in this
paragraph is information relating to a product concerning--
(A) the quality of the product;
(B) the performance of the product; or
(C) any defect of the product.
(3) Applicability.--This subsection applies with respect to
civil liability under Federal or State law.
(b) Exception for Liability.--Subsection (a) shall not apply with
respect to harm caused by an act of a trade or professional association
that a court determines, on the basis of clear and convincing evidence,
to have been caused by the trade or professional association by the
provision of information described in subsection (a)(2) that the trade
or professional association--
(1) knew to be false; or
(2) provided a reckless indifference to the truth or
falsity of that information.
SEC. 4. SPECIAL MOTION TO STRIKE.
A trade or professional association may file a special motion to
strike any claim in any judicial proceeding against the trade or
professional association on the ground that the claim is based on an
act with respect to which the association is exempt from liability
under section 3.
SEC. 5. REQUIRED PROCEDURES REGARDING SPECIAL MOTION TO STRIKE.
(a) Treatment of Motion.--Upon the filing of any motion under
section 4--
(1) to the extent consistent with this section, the motion
shall be treated as a motion for summary judgment under Rule 56
of the Federal Rules of Civil Procedure (or an equivalent
motion under applicable State law); and
(2) the trial court shall hear the motion within a period
of time that is appropriate for preferred or expedited motions.
(b) Suspension of Discovery.--Upon the filing of a motion under
section 4, discovery requests to or from the moving party shall be
suspended pending a decision on--
(1) the motion; and
(2) any appeal on the ruling on the motion.
(c) Burden of Proof.--The responding party shall have the burden of
proof in presenting evidence that a motion filed under section 4 should
be denied.
(d) Basis of Determination.--A court shall make a determination on
a motion filed under section 4 on the basis of the facts contained in
the pleadings and affidavits filed in accordance with this section.
(e) Dismissal.--With respect to a claim that is the subject of a
motion filed under section 4, the court shall grant the motion and
dismiss the claim, unless the responding party has produced evidence
that would be sufficient for a reasonable finder of fact to conclude,
on the basis of clear and convincing evidence, that the moving party is
not exempt from liability for that claim under section 3.
(f) Costs.--If a moving party prevails in procuring the dismissal
of a claim as a result of a motion made under section 4, the court
shall award that party the costs incurred by the party in connection
with making the motion, including reasonable attorney and expert
witness fees.
SEC. 6. QUALIFIED EXEMPTION FROM THIRD-PARTY DISCOVERY.
(a) In General.--Notwithstanding any other provision of law, a
trade or professional association may only be served with a subpoena in
a civil action described in subsection (b) if the party that serves the
subpoena first establishes to the court, by clear and convincing
evidence that--
(1) the materials or information sought by the subpoena are
directly relevant to the civil action; and
(2) the party serving the subpoena has a compelling need
for the materials or information because the materials or
information are not otherwise available.
(b) Civil Actions Described.--A civil action described in this
subsection is a civil action--
(1) relating to the quality, performance, or defect of a
product; and
(2) to which the trade or professional association involved
is not a party.
SEC. 7. SPECIAL MOTION TO QUASH A SUBPOENA.
A trade or professional association may file a special motion to
quash a subpoena on the grounds that the trade or professional
association is exempt from any third-party discovery request under
section 6.
SEC. 8. REQUIRED PROCEDURES REGARDING SPECIAL MOTION TO QUASH.
(a) In General.--Upon the filing of any motion under section 7, the
trial court shall hear the motion within the period of time that is
appropriate for preferred or expedited motions.
(b) Suspension of Compliance.--Upon the filing of a motion under
section 7, the court shall not compel compliance with the subpoena
during the period during which--
(1) the motion is under consideration; or
(2) an appeal on the determination by the court to deny the
motion has not resulted in a final ruling by the court on the
appeal.
(c) Burden of Proof.--The responding party shall have the burden of
proof in presenting evidence that a motion filed under section 7 should
be denied.
(d) Basis of Determination.--A court shall make a determination on
a motion filed under section 7 on the basis of the facts contained in
the pleadings and affidavits filed in accordance with this section.
(e) Quashing a Subpoena.--The court shall grant a motion filed
under section 7 and quash the subpoena that is the subject of the
motion, unless the responding party proves, by clear and convincing
evidence, that the trade or professional association that received the
subpoena is not exempt from responding to the subpoena under section 6.
(f) Costs.--If a trade or professional association prevails in
procuring the quashing of a subpoena as a result of a motion made under
section 7, the court shall award the trade or professional association
the costs incurred by that trade or professional association in
connection with making the motion, including reasonable attorney and
expert witness fees.
SEC. 9. RIGHT TO OBJECT UNDER RULE 45 OF THE FEDERAL RULES OF CIVIL
PROCEDURE.
Nothing in this Act may be construed to impair the right of a trade
or professional association to serve written objections under rule
45(c)(2)(B) of the Federal Rules of Civil Procedure, or any similar
rule or procedure under applicable State law.
SEC. 10. QUALIFIED ASSOCIATION-MEMBER PRIVILEGE.
(a) In General.--Except as provided in subsection (b), a member of
a trade or professional association shall not be required to disclose
any information described in section 3(a)(2), including any materials
containing that information, that--
(1) relates to actual or anticipated litigation involving
the quality, performance, or defect of a product;
(2) is considered to be confidential by the trade or
professional association and that member; and
(3) is communicated by the trade or professional
association with the reasonable expectation that the
information will--
(A) be used in connection with actual or
anticipated litigation; and
(B) be maintained in confidence.
(b) Exception.--Subsection (a) does not apply in any action in
which a party seeking information described in that subsection has
established to a court, by clear and convincing evidence, that--
(1) the materials or information sought are directly
relevant to an action filed by that party; and
(2) the party has a compelling need for the information
because the information is not otherwise obtainable.
SEC. 11. ELECTION OF STATE REGARDING NONAPPLICABILITY.
This Act shall not apply to any civil action in a State court with
respect to which all of the parties are citizens of that State, if that
State enacts, pursuant to applicable State law, a State statute that--
(1) cites the authority of this section;
(2) specifies that the State elects to be exempt from the
requirements of this Act pursuant to this section; and
(3) contains no other provisions.
SEC. 12. PREEMPTION; APPLICABILITY.
(a) Preemption.--This Act supersedes the laws of any State to the
extent such State laws apply to matters to which this Act applies.
(b) Applicability.--Except as provided in section 11, and subject
to subsection (a), this Act applies to any civil action commenced in a
Federal or State court, on or after the date of enactment of this Act. | Trade and Professional Association Free Flow of Information Act of 1997 - Exempts a trade or professional association from civil liability relating to harm caused by the provision of specified information by the trade or professional association to a member of the trade or professional association.
Authorizes a trade or professional association to file a special motion to strike any claim in a judicial proceeding against the trade or professional association on the ground that the claim is based on an act with respect to which the association is exempt from liability under this Act.
Sets forth provisions regarding: (1) procedures with respect to a special motion to strike; (2) qualified exemption of such associations from third-party discovery; (3) a special motion to quash a subpoena on the grounds that the trade or professional association is exempt from any third-party discovery request; (4) procedures with respect to a special motion to quash; (5) the right of such associations to object under rule 45 of the Federal Rules of Procedure or any similar rule or procedure under applicable State law; (6) a qualified association member privilege not to disclose confidential information received from the association relating to litigation involving the quality, performance, or defect of a product; (7) election of a State to be exempt from the requirements of this Act with respect to any civil action in a State court in which all of the parties are citizens of that State; and (8) preemption of State laws. | Trade and Professional Association Free Flow of Information Act of 1997 |
SECTION 1. IMPOSITION OF TARIFF-RATE QUOTAS ON CERTAIN CASEIN AND MILK
CONCENTRATES.
(a) Casein and Casein Products.--
(1) In general.--The Additional U.S. notes to chapter 35 of
the Harmonized Tariff Schedule of the United States are
amended--
(A) in note 1, by striking ``subheading
3501.10.10'' and inserting ``subheadings 3501.10.05,
3501.10.15, and 3501.10.20''; and
(B) by adding at the end the following new note:
``2. The aggregate quantity of casein, caseinates, milk protein
concentrate, and other casein derivatives entered under subheadings
3501.10.15, 3501.10.65, and 3501.90.65 in any calendar year shall not
exceed 54,051,000 kilograms. Articles the product of Mexico shall not
be permitted or included under this quantitative limitation and no such
article shall be classifiable therein.''.
(2) Rates for certain caseins, caseinates, and other
derivatives and glues.--Chapter 35 of the Harmonized Tariff
Schedule of the United States is amended by striking
subheadings 3501.10 through 3501.90.60, inclusive, and
inserting the following new subheadings with article
descriptions for subheadings 3501.10 and 3501.90 having the
same degree of indentation as the article description for
subheading 3502.20.00:
`` 3501.10 Casein:
................. Milk protein
concentrate:
3501.10.05 Described in 0.37 cents/kg Free (A*, CA, E, IL, J, 12 cents/kg
general note MX)
15 of the
tariff
schedule and
entered
pursuant to
its provisions
3501.10.15 Described in 0.37 cents/kg Free (A*, CA, E, IL, J) 12 cents/kg
additional
U.S. note 2 to
this chapter
and entered
according to
its provisions
3501.10.20 Other.......... $2.16/kg Free (MX) $2.81/kg
................. Other:
3501.10.55 For industrial Free Free (A*, CA, E, IL, J, Free
uses other MX)
than the
manufacture of
food for
humans or
other animals
or as
ingredients in
such food.....
................. Other:
3501.10.60 Described in Free Free (A*, CA, E, IL, J, 12 cents/kg
general note MX)
15 of the
tariff
schedule and
entered
pursuant to
its
provisions...
3501.10.65 Described in 0.37 cents/kg Free (A*, CA, E, IL, J) 12 cents/kg
additional
U.S. note 2
to this
chapter and
entered
according to
its
provisions...
3501.10.70 Other......... $2.16/kg Free (MX) $2.81/kg
3501.90 Other:
3501.90.05 Casein glues.... 6% Free (A*, CA, E, IL, J, 30%
MX)
................. Other:
3501.90.30 For industrial 6% Free (A*, CA, E, IL, J, 30%
uses other MX)
than the
manufacture of
food for
humans or
other animals
or as
ingredients in
such food.....
................. Other:
3501.90.55 Described in 0.37 cents/kg Free (A*, CA, E, IL, J, 12.1 cents/kg
general note MX)
15 of the
tariff
schedule and
entered
pursuant to
its
provisions...
3501.90.65 Described in 0.37 cents/kg Free (A*, CA, E, IL, J) 12.1 cents/kg
additional
U.S. note 2
to this
chapter and
entered
according to
its
provisions...
3501.90.70 Other......... $2.16/kg Free (MX) $2.81/kg
''
(b) Milk Protein Concentrates.--
(1) In general.--The Additional U.S. notes to chapter 4 of
the Harmonized Tariff Schedule of the United States are
amended--
(A) in note 13, by striking ``subheading
0404.90.10'' and inserting ``subheadings 0404.90.05,
0404.90.15, and 0404.90.20''; and
(B) by adding at the end the following new note:
``27. The aggregate quantity of milk protein concentrates entered
under subheading 0404.90.15 in any calendar year shall not exceed
15,818,000 kilograms. Articles the product of Mexico shall not be
permitted or included under this quantitative limitation and no such
article shall be classifiable therein.''.
(2) Rates for certain milk protein concentrates.--Chapter 4
of the Harmonized Tariff Schedule of the United States is
amended by striking subheading 0404.90 through 0404.90.10,
inclusive, and inserting the following new subheadings with the
article description for subheading 0404.90 having the same
degree of indentation as the article description for subheading
0405.10 and the article description for subheadings 0404.90.05,
0404.90.15, and 0404.90.20 having the same degree of
indentation as the article description for subheading
0405.20.40:
`` 0404.90 Other:
................. Milk protein
concentrates:
0404.90.05 Described in 0.37 cents/kg Free (A*, CA, E, IL, J, 12 cents/kg
general note MX)
15 of the
tariff
schedule and
entered
pursuant to
its provisions
0404.90.15 Described in 0.37 cents/kg Free (A*, CA, E, IL, J) 12 cents/kg
additional
U.S. note 27
to this
chapter and
entered
pursuant to
its provisions
0404.90.20 Other.......... $1.56/kg Free (MX) $2.02/kg
''
(c) Effective Date.--The amendments made by this section apply to
goods entered, or withdrawn from warehouse for consumption, on or after
the first day of the first month after the date that is 15 days after
the date of enactment of this Act.
SEC. 2. COMPENSATION AUTHORITY.
(a) In General.--If the provisions of section 1 require, the
President--
(1) may enter into a trade agreement with any foreign
country or instrumentality for the purpose of granting new
concessions as compensation in order to maintain the general
level of reciprocal and mutually advantageous concessions; and
(2) may proclaim such modification or continuance of any
existing duty, or such continuance of existing duty-free or
excise treatment, as the President determines to be required or
appropriate to carry out any such agreement.
(b) Limitations.--
(1) In general.--No proclamation shall be made pursuant to
subsection (a) decreasing any rate of duty to a rate which is
less than 70 percent of the existing rate of duty.
(2) Special rule for certain duty reductions.--If the rate
of duty in effect at any time is an intermediate stage under
section 1102(a) of the Omnibus Trade and Competitiveness Act of
1988, the proclamation made pursuant to subsection (a) may
provide for the reduction of each rate of duty at each such
stage proclaimed under section 1102(a) by not more than 30
percent of such rate of duty, and may provide for a final rate
of duty which is not less than the 70 percent of the rate of
duty proclaimed as the final stage under section 1102(a).
(3) Rounding.--If the President determines that such action
will simplify the computation of the amount of duty computed
with respect to an article, the President may exceed the
limitations provided in paragraphs (1) and (2) by not more than
the lesser of--
(A) the difference between such limitation and the
next lower whole number, or
(B) one-half of one percent ad valorem. | Amends the Harmonized Tariff Schedule of the United States to impose tariff-rate quotas (quantitative import limits) and provide various duty rates on certain casein, caseinates, milk protein concentrate, and other casein derivatives and glues imported into the United States (except imports from Mexico).Authorizes the President to: (1) enter into a trade agreement with a foreign country to grant new concessions as compensation in order to maintain the general level of reciprocal and mutually advantageous concessions; and (2) proclaim any necessary modification or continuance of any existing duty, or continuance of existing duty-free or excise treatment. Sets forth certain limits on the reduction of duties on such products. | To impose tariff-rate quotas on certain casein and milk protein concentrates. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Red River Private Property
Protection Act''.
SEC. 2. DISCLAIMER AND OUTDATED SURVEYS.
(a) In General.--The Secretary hereby disclaims any right, title,
and interest to all land located south of the South Bank boundary line
of the Red River in the affected area.
(b) Clarification of Prior Surveys.--Previous surveys conducted by
the Bureau of Land Management shall have no force or effect in
determining the current South Bank boundary line.
SEC. 3. IDENTIFICATION OF CURRENT BOUNDARY.
(a) Boundary Identification.--To identify the current South Bank
boundary line along the affected area, the Secretary shall commission a
new survey that--
(1) adheres to the gradient boundary survey method;
(2) spans the entire length of the affected area;
(3) is conducted by Licensed State Land Surveyors chosen by
the Texas General Land Office; and
(4) is completed not later than 2 years after the date of
the enactment of this Act.
(b) Approval of the Survey.--The Secretary shall submit the survey
conducted under this Act to the Texas General Land Office for approval.
State approval of the completed survey shall satisfy the requirements
under this Act.
SEC. 4. APPEAL.
Not later than 1 year after the survey is completed and approved
pursuant to section 3, a private property owner who holds right, title,
or interest in the affected area may appeal public domain claims by the
Secretary to an Administrative Law Judge.
SEC. 5. RESOURCE MANAGEMENT PLAN.
The Secretary shall ensure that no parcels of land in the affected
area are treated as Federal land for the purpose of any resource
management plan until the survey has been completed and approved and
the Secretary ensures that the parcel is not subject to further appeal
pursuant to this Act.
SEC. 6. CONSTRUCTION.
This Act does not change or affect in any manner the interest of
the States or sovereignty rights of federally recognized Indian tribes
over lands located to the north of the South Bank boundary line of the
Red River as established by this Act.
SEC. 7. SALE OF REMAINING RED RIVER SURFACE RIGHTS.
(a) Competitive Sale of Identified Federal Lands.--After the survey
has been completed and approved and the Secretary ensures that a parcel
is not subject to further appeal under this Act, the Secretary shall
offer any and all such remaining identified Federal lands for disposal
by competitive sale for not less than fair market value as determined
by an appraisal conducted in accordance with nationally recognized
appraisal standards, including the Uniform Appraisal Standards for
Federal Land Acquisitions; and the Uniform Standards of Professional
Appraisal Practice.
(b) Existing Rights.--The sale of identified Federal lands under
this section shall be subject to valid existing tribal, State, and
local rights.
(c) Proceeds of Sale of Lands.--Net proceeds from the sale of
identified Federal lands under this section shall be used to offset any
costs associated with this Act.
(d) Report.--Not later than 5 years after the date of the enactment
of this Act, the Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a list of any identified Federal
lands that have not been sold under subsection (a) and the reasons such
lands were not sold.
SEC. 8. DEFINITIONS.
For the purposes of this Act:
(1) Affected area.--The term ``affected area'' means lands
along the approximately 116-mile stretch of the Red River from
its confluence with the North Fork of the Red River on the west
to the 98th meridian on the east between the States of Texas
and Oklahoma.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of Bureau of Land
Management.
(3) South bank.--The term ``South Bank'' means the water-
washed and relatively permanent elevation or acclivity,
commonly called a cut bank, along the southerly or right side
of the Red River which separates its bed from the adjacent
upland, whether valley or hill, and usually serves to confine
the waters within the bed and to preserve the course of the
river; as specified in the fifth paragraph of the decree
rendered March 12, 1923, in Oklahoma v. Texas, 261 U.S. 340, 43
S. Ct. 376, 67 L. Ed. 687.
(4) South bank boundary line.--The term ``South Bank
boundary line'' means the boundary between Texas and Oklahoma
identified through the gradient boundary survey method; as
specified in the sixth and seventh paragraphs of the decree
rendered March 12, 1923, in Oklahoma v. Texas, 261 U.S. 340, 43
S. Ct. 376, 67 L. Ed. 687.
(5) Gradient boundary survey method.--The term ``gradient
boundary survey method'' means the measurement technique used
to locate the South Bank boundary line under the methodology
established by the United States Supreme Court which recognizes
that the boundary line between the States of Texas and Oklahoma
along the Red River is subject to such changes as have been or
may be wrought by the natural and gradual processes known as
erosion and accretion as specified in the second, third, and
fourth paragraphs of the decree rendered March 12, 1923, in
Oklahoma v. Texas, 261 U.S. 340, 43 S. Ct. 376, 67 L. Ed. 687. | Red River Private Property Protection Act Declares that the Bureau of Land Management (BLM) of the Department of the Interior disclaims any right, title, and interest to certain lands along a stretch of the Red River between Texas and Oklahoma (the affected area) located south of the South Bank boundary line. Directs the BLM, in identifying the current South Bank boundary line along the affected area, to commission a new survey that: (1) adheres to the gradient boundary survey method, (2) spans the entire length of the affected area, (3) is conducted by Licensed State Land Surveyors chosen by the Texas General Land Office, and (4) is completed within two years of enactment of this Act. Requires submission of the survey to the Texas General Land Office for approval. Permits a private property owner who holds, right, title, or interest in the affected area, after the survey is completed and approved, to appeal public domain claims by the BLM to an Administrative Law Judge. Instructs the BLM to: ensure that no parcels of land in the affected area are treated as federal land for the purpose of any resource management plan until the survey has been completed and approved and the parcel is no longer subject to further appeal, and, subsequently, offer any remaining identified federal lands for disposal by competitive sale for at least fair market value. Requires the BLM to submit to Congress a list of identified federal lands that have not been sold and the reasons why. | Red River Private Property Protection Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Melanie Blocker-Stokes Postpartum
Depression Research and Care Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Postpartum depression is a devastating mood disorder
which strikes many women during and after pregnancy.
(2) Postpartum mood changes are common and can be broken
into three subgroups: ``baby blues,'' which is an extremely
common and the less severe form of postpartum depression;
postpartum mood and anxiety disorders, which are more severe
than baby blues and can occur during pregnancy and anytime
within the first year of the infant's birth; and postpartum
psychosis, which is the most extreme form of postpartum
depression and can occur during pregnancy and up to twelve
months after delivery.
(3) ``Baby blues'' is characterized by mood swings,
feelings of being overwhelmed, tearfulness, irritability, poor
sleep, mood changes, and a sense of vulnerability.
(4) The symptoms of postpartum mood and anxiety disorders
are the worsening and the continuation of the baby blues beyond
the first days or weeks after delivery.
(5) The symptoms of postpartum psychosis include losing
touch with reality, distorted thinking, delusions, auditory
hallucinations, paranoia, hyperactivity, and rapid speech or
mania.
(6) Each year over 400,000 women suffer from postpartum
mood changes, with baby blues afflicting up to 80 percent of
new mothers; postpartum mood and anxiety disorders impairing
around 10-20 percent of new mothers; and postpartum psychosis
striking 1 in 1,000 new mothers.
(7) The causes of postpartum depression are complex and
unknown at this time; however, theories include a steep and
rapid drop in hormone levels after childbirth; difficulty
during labor or pregnancy; a premature birth; a miscarriage;
feeling overwhelmed, uncertain, frustrated or anxious about
one's new role as a mother; a lack of support from one's
spouse, friends or family; marital strife; stressful events in
life such as death of a loved one, financial problems, or
physical or mental abuse; a family history of depression or
mood disorders; a previous history of major depression or
anxiety; or a prior postpartum depression.
(8) Postpartum depression is a treatable disorder if
promptly diagnosed by a trained provider and attended to with a
personalized regimen of care including social support, therapy,
medication, and when necessary hospitalization.
(9) All too often postpartum depression goes undiagnosed or
untreated due to the social stigma surrounding depression and
mental illness, the myth of motherhood, the new mother's
inability to self-diagnose her condition, the new mother's
shame or embarrassment over discussing her depression so near
to the birth of her child, the lack of understanding in society
and the medical community of the complexity of postpartum
depression, and economic pressures placed on hospitals and
providers.
(10) Untreated, postpartum depression can lead to further
depression, substance abuse, loss of employment, divorce and
further social alienation, self-destructive behavior, or even
suicide.
(11) Untreated, postpartum depression impacts society
through its affect on the infant's physical and psychological
development, child abuse, neglect or death of the infant or
other siblings, and the disruption of the family.
TITLE I--RESEARCH ON POSTPARTUM DEPRESSION AND PSYCHOSIS
SEC. 101. EXPANSION AND INTENSIFICATION OF ACTIVITIES OF NATIONAL
INSTITUTE OF MENTAL HEALTH.
(a) In General.--The Secretary of Health and Human Services, acting
through the Director of NIH and the Director of the National Institute
of Mental Health (in this section referred to as the ``Institute''),
shall expand and intensify research and related activities of the
Institute with respect to postpartum depression and postpartum
psychosis (in this section referred to as ``postpartum conditions'').
(b) Coordination With Other Institutes.--The Director of the
Institute shall coordinate the activities of the Director under
subsection (a) with similar activities conducted by the other national
research institutes and agencies of the National Institutes of Health
to the extent that such Institutes and agencies have responsibilities
that are related to postpartum conditions.
(c) Programs for Postpartum Conditions.--In carrying out subsection
(a), the Director of the Institute shall conduct or support research to
expand the understanding of the causes of, and to find a cure for,
postpartum conditions. Activities under such subsection shall include
conducting and supporting the following:
(1) Basic research concerning the etiology and causes of
the conditions.
(2) Epidemiological studies to address the frequency and
natural history of the conditions and the differences among
racial and ethnic groups with respect to the conditions.
(3) The development of improved diagnostic techniques.
(4) Clinical research for the development and evaluation of
new treatments, including new biological agents.
(5) Information and education programs for health care
professionals and the public.
(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2004 through 2006.
TITLE II--DELIVERY OF SERVICES REGARDING POSTPARTUM DEPRESSION AND
PSYCHOSIS
SEC. 201. ESTABLISHMENT OF PROGRAM OF GRANTS.
(a) In General.--The Secretary of Health and Human Services (in
this title referred to as the ``Secretary'') shall in accordance with
this title make grants to provide for projects for the establishment,
operation, and coordination of effective and cost-efficient systems for
the delivery of essential services to individuals with postpartum
depression or postpartum psychosis (referred to in this section as a
``postpartum condition) and their families.
(b) Recipients of Grants.--A grant under subsection (a) may be made
to an entity only if the entity is a public or nonprofit private
entity, which may include a State or local government; a public or
nonprofit private hospital, community-based organization, hospice,
ambulatory care facility, community health center, migrant health
center, or homeless health center; or other appropriate public or
nonprofit private entity.
(c) Certain Activities.--To the extent practicable and appropriate,
the Secretary shall ensure that projects under subsection (a) provide
services for the diagnosis and management of postpartum conditions.
Activities that the Secretary may authorize for such projects may also
include the following:
(1) Delivering or enhancing outpatient and home-based
health and support services, including case management,
screening and comprehensive treatment services for individuals
with or at risk for postpartum conditions; and delivering or
enhancing support services for their families.
(2) Delivering or enhancing inpatient care management
services that ensure the well being of the mother and family
and the future development of the infant.
(3) Improving the quality, availability, and organization
of health care and support services (including transportation
services, attendant care, homemaker services, day or respite
care, and providing counseling on financial assistance and
insurance) for individuals with postpartum conditions and
support services for their families.
(d) Integration With Other Programs.--To the extent practicable and
appropriate, the Secretary shall integrate the program under this title
with other grant programs carried out by the Secretary, including the
program under section 330 of the Public Health Service Act.
SEC. 202. CERTAIN REQUIREMENTS.
A grant may be made under section 201 only if the applicant
involved makes the following agreements:
(1) Not more than 5 percent of the grant will be used for
administration, accounting, reporting, and program oversight
functions.
(2) The grant will be used to supplement and not supplant
funds from other sources related to the treatment of postpartum
conditions.
(3) The applicant will abide by any limitations deemed
appropriate by the Secretary on any charges to individuals
receiving services pursuant to the grant. As deemed appropriate
by the Secretary, such limitations on charges may vary based on
the financial circumstances of the individual receiving
services.
(4) The grant will not be expended to make payment for
services authorized under section 201(a) to the extent that
payment has been made, or can reasonably be expected to be
made, with respect to such services--
(A) under any State compensation program, under an
insurance policy, or under any Federal or State health
benefits program; or
(B) by an entity that provides health services on a
prepaid basis.
(5) The applicant will, at each site at which the applicant
provides services under section 201(a), post a conspicuous
notice informing individuals who receive the services of any
Federal policies that apply to the applicant with respect to
the imposition of charges on such individuals.
SEC. 203. TECHNICAL ASSISTANCE.
The Secretary may provide technical assistance to assist entities
in complying with the requirements of this title in order to make such
entities eligible to receive grants under section 201.
SEC. 204. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this title, there are authorized to
be appropriated such sums as may be necessary for each of the fiscal
years 2004 through 2006. | Melanie Blocker-Stokes Postpartum Depression Research and Care Act - Directs the Secretary of Health and Human Services, acting through the Director of NIH and the Director of the National Institute of Mental Health, to expand and intensify research and related activities of the Institute with respect to postpartum depression and postpartum psychosis. Authorizes appropriations.Directs the Secretary of Health and Human Services to make grants to provide for projects for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with postpartum depression or postpartum psychosis and their families. Authorizes appropriations. | To provide for research on, and services for individuals with, postpartum depression and psychosis. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Fisheries through Better
Science Act''.
SEC. 2. DEFINITION OF STOCK ASSESSMENT.
Section 3 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1802) is amended by redesignating the
paragraphs after paragraph (42) in order as paragraphs (44) through
(52), and by inserting after paragraph (42) the following:
``(43) The term `stock assessment' means an evaluation of
the past, present, and future status of a stock of fish, that
includes--
``(A) a range of life history characteristics for
such stock, including--
``(i) the geographical boundaries of such
stock; and
``(ii) information on age, growth, natural
mortality, sexual maturity and reproduction,
feeding habits, and habitat preferences of such
stock; and
``(B) fishing for the stock.''.
SEC. 3. STOCK ASSESSMENT PLAN.
(a) In General.--Section 404 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 18881c) is amended by adding
at the end the following:
``(e) Stock Assessment Plan.--
``(1) In general.--The Secretary shall develop and publish
in the Federal Register, on the same schedule as required for
the strategic plan required under section 404(b) of such Act, a
plan to conduct stock assessments for all stocks of fish for
which a fishery management plan is in effect under this Act.
``(2) Contents.--The plan shall--
``(A) for each stock of fish for which a stock
assessment has previously been conducted--
``(i) establish a schedule for updating the
stock assessment that is reasonable given the
biology and characteristics of the stock; and
``(ii) subject to the availability of
appropriations, require completion of a new
stock assessment, or an update of the most
recent stock assessment--
``(I) every 5 years; or
``(II) within such other time
period specified and justified by the
Secretary in the plan;
``(B) for each stock of fish for which a stock
assessment has not previously been conducted--
``(i) establish a schedule for conducting
an initial stock assessment that is reasonable
given the biology and characteristics of the
stock; and
``(ii) subject to the availability of
appropriations, require completion of the
initial stock assessment within 3 years after
the plan is published in the Federal Register
unless another time period is specified and
justified by the Secretary in the plan; and
``(C) identify data and analysis, especially
concerning recreational fishing, that, if available,
would reduce uncertainty in and improve the accuracy of
future stock assessments, including whether such data
and analysis could be 10 provided by nongovernmental
sources, including fishermen, fishing communities,
universities, and research institutions.
``(3) Waiver of stock assessment requirement.--
Notwithstanding subparagraphs (A)(ii) and (B)(ii), a stock
assessment is not required for a stock of fish in the plan if
the Secretary determines that such a stock assessment is not
necessary and justifies such determination in the Federal
Register notice required by this subsection.''.
(b) Deadline.--Notwithstanding paragraph (1) of section 404(e) of
such Act, as amended by this section, the Secretary of Commerce shall
issue the first stock assessment plan under such section by not later
than 1 year after the date of enactment of this Act.
SEC. 4. IMPROVING SCIENCE.
(a) Incorporation of Information From Wide Variety of Sources.--
Section 2(a)(8) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801) is amended by adding at the end the
following: ``Fisheries management is most effective when it
incorporates information provided by governmental and nongovernmental
sources, including State and Federal agency staff, fishermen, fishing
communities, universities, research institutions, and other appropriate
entities. As appropriate, such information should be considered the
best scientific information available and form the basis of
conservation and management measures as required by this Act.''.
(b) Improving Data Collection and Analysis.--
(1) In general.--Section 404 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1881c), as
amended by this Act, is further amended by adding at the end
the following:
``(f) Improving Data Collection and Analysis.--
``(1) In general.--The Secretary, in consultation with the
science and statistical committee of the Councils established
under section 302(g), shall develop and publish in the Federal
Register guidelines that will facilitate greater incorporation
of data, analysis, and stock assessments from nongovernmental
sources, including fishermen, fishing communities,
universities, and research institutions, into fisheries
management decisions.
``(2) Content.--The guidelines shall--
``(A) identify types of data and analysis,
especially concerning recreational fishing, that can be
reliably used as the best scientific information
available for purposes of this Act and the basis for
establishing conservation and management measures as
required by section 303(a)(1), including setting
standards for the collection and use of such data and
analysis in stock assessments and for other purposes;
``(B) provide specific guidance for collecting data
and performing analyses identified as necessary to
reduce the uncertainty referred to in section
404(e)(2)(C); and
``(C) establish a registry of persons providing
such information.
``(3) Acceptance and use of data and analyses.--The
Secretary and Regional Fishery Management Councils shall--
``(A) use all data and analyses that meet the
guidelines published under paragraph (1) as the best
scientific information available for purposes of this
Act in fisheries management decisions, unless otherwise
determined by the science and statistical committee of
the Councils established pursuant to section 302(g) of
the Act;
``(B) explain in the Federal Register notice
announcing the fishery management decision how such
data and analyses have been used to establish
conservation and management measures; and
``(C) if any such data or analysis is not used,
provide in the Federal Register notice announcing the
fishery management decision an explanation developed by
such science and statistical committee of why such data
or analysis was not used.''.
(b) Deadline.--The Secretary of Commerce shall develop and publish
guidelines under the amendment made by subsection (a) by not later than
1 year after the date of enactment of this Act.
SEC. 5. COST REDUCTION REPORT.
Within 1 year after the date of enactment of this Act, the
Secretary of Commerce, in consultation with the Regional Fishery
Management Councils, shall submit a report to Congress that, with
respect to each fishery governed by a fishery management plan in effect
under the Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.)--
(1) identifies the goals of the applicable programs
governing monitoring and enforcement of fishing that is subject
to such plan;
(2) identifies methods to accomplish those goals, including
human observers, electronic monitoring, and vessel monitoring
systems;
(3) certifies which such methods are most cost-effective
for fishing that is subject to such plan; and
(4) explains why such most-cost-effective methods are not
required, if applicable.
SEC. 6. COST SHARING.
Section 304(d) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1854(d)) is amended by adding at the end the
following:
``(3) The Secretary shall not collect any fee under this
section or section 313(a) before preparing an analysis that
identifies the costs that will be recovered by the fee and the
costs that will not be recovered by the fee. Such analysis
shall be included in the applicable fisheries management
plan.''. | Healthy Fisheries through Better Science Act - Amends the Magnuson-Stevens Fishery Conservation and Management Act to require the Secretary of Commerce to develop and publish at least triennially in the Federal Register (on the same schedule as the fisheries research strategic plan) a plan to conduct stock assessments for all stocks of fish for which a fishery management plan is in effect. Defines "stock assessment" as an evaluation of the past, present, and future status of a stock of fish, including: (1) a range of life history characteristics, including the stock's geographical boundaries, age, growth, natural mortality, sexual maturity and reproduction, feeding habits, and habitat preferences; and (2) fishing for the stock. Requires the plan to: (1) establish schedules for conducting initial stock assessments and updating previously conducted assessments; and (2) identify data and analysis, especially concerning recreational fishing, that would reduce uncertainty in and improve the accuracy of future stock assessments, including whether such data and analysis could be provided by nongovernmental sources, such as fishermen, fishing communities, universities, and research institutions. Provides for waivers of stock assessment requirements when the Secretary determines that the assessment is not necessary and justifies such determination in the Federal Register notice. Directs the Secretary to develop and publish in the Federal Register guidelines to incorporate data, analysis, and stock assessments from nongovernmental sources into fisheries management decisions and to establish a registry of information providers. Requires the Secretary and Regional Fishery Management Councils to use such information as the best scientific information available in fisheries management decisions, unless otherwise determined by the science and statistical committee of such Councils. Directs the Secretary to report to Congress regarding each fishery governed by a fishery management plan to: (1) identify the goals and methods of the applicable programs governing monitoring and enforcement of fishing subject to such plan; (2) certify which methods are most cost-effective; and (3) explain why such most-cost-effective methods are not required, if applicable. Prohibits the Secretary from collecting certain fishing permit fees and North Pacific Council fisheries research plan implementation fees before identifying the costs that will be recovered by such fee. | Healthy Fisheries through Better Science Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``John F. Kennedy Centennial
Commission Act''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``John F.
Kennedy Centennial Commission'' (in this Act referred to as the
``Commission'').
SEC. 3. DUTIES OF COMMISSION.
The Commission shall--
(1) plan, develop, and carry out such activities as the
Commission considers fitting and proper to honor John F.
Kennedy on the occasion of the 100th anniversary of his birth;
(2) provide advice and assistance to Federal, State, and
local governmental agencies, as well as civic groups to carry
out activities to honor John F. Kennedy on the occasion of the
100th anniversary of his birth;
(3) develop activities that may be carried out by the
Federal Government that are fitting and proper to honor John F.
Kennedy on the occasion of the 100th anniversary of his birth;
and
(4) submit to the President and Congress reports pursuant
to section 7.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 11
members as follows:
(1) The Secretary of the Interior.
(2) Four members appointed by the President after
considering the recommendations of the Board of Trustees of the
John F. Kennedy Library Foundation.
(3) Two Members of the House of Representatives appointed
by the Speaker of the House of Representatives.
(4) One Member of the House of Representatives appointed by
the minority leader of the House of Representatives.
(5) Two Members of the Senate appointed by the majority
leader of the Senate.
(6) One Member of the Senate appointed by the minority
leader of the Senate.
(b) Ex Officio Member.--The Archivist of the United States shall
serve in an ex officio capacity on the Commission to provide advice and
information to the Commission.
(c) Terms.--Each member shall be appointed for the life of the
Commission.
(d) Deadline for Appointment.--All members of the Commission shall
be appointed not later than 90 days after the date of the enactment of
this Act.
(e) Vacancies.--A vacancy on the Commission shall--
(1) not affect the powers of the Commission; and
(2) be filled in the manner in which the original
appointment was made.
(f) Rates of Pay.--Members shall not receive compensation for the
performance of their duties on behalf of the Commission.
(g) Travel Expenses.--Each member of the Commission shall be
reimbursed for travel and per diem in lieu of subsistence expenses
during the performance of duties of the Commission while away from home
or his or her regular place of business, in accordance with applicable
provisions under subchapter I of chapter 57 of title 5, United States
Code.
(h) Quorum.--A majority of the members of the Commission shall
constitute a quorum to conduct business, but two or more members may
hold hearings.
(i) Chairperson.--The chairperson of the Commission shall be
elected by a majority vote of the members of the Commission.
SEC. 5. DIRECTOR AND STAFF OF COMMISSION.
(a) Director and Staff.--The Commission shall appoint an executive
director and such other additional employees as are necessary to enable
the Commission to perform its duties.
(b) Applicability of Certain Civil Service Laws.--The executive
director and employees of the Commission may be appointed without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service, and may be paid without regard
to the provisions of chapter 51 and subchapter III of chapter 53 of
such title relating to classification and General Schedule pay rates,
except that the rate of pay for the executive director and other
employees may not exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title.
(c) Detail of Federal Employees.--Upon request of the Commission,
the Secretary of the Interior or the Archivist of the United States may
detail, on a reimbursable basis, any of the employees of that
department or agency to the Commission to assist it in carrying out its
duties under this Act.
(d) Experts and Consultants.--The Commission may procure such
temporary and intermittent services as are necessary to enable the
Commission to perform its duties.
(e) Volunteer and Uncompensated Services.--Notwithstanding section
1342 of title 31, United States Code, the Commission may accept and use
voluntary and uncompensated services as the Commission determines
necessary.
SEC. 6. POWERS OF COMMISSION.
(a) Hearings.--The Commission may, for the purpose of carrying out
this Act, hold hearings, sit and act at times and places, take
testimony, and receive evidence as the Commission considers
appropriate.
(b) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out its duties under this Act. Upon
request of the chairperson of the Commission, the head of that
department or agency shall furnish that information to the Commission.
(d) Gifts, Bequests, Devises.--The Commission may solicit, accept,
use, and dispose of gifts, bequests, or devises of money, services, or
property, both real and personal, for the purpose of aiding or
facilitating its work.
(e) Available Space.--Upon the request of the Commission, the
Administrator of General Services shall make available nationwide to
the Commission, at a normal rental rate for Federal agencies, such
assistance and facilities as may be necessary for the Commission to
carry out its duties under this Act.
(f) Contract Authority.--The Commission may enter into contracts
with and compensate government and private agencies or persons to
enable the Commission to discharge its duties under this Act.
SEC. 7. REPORTS.
(a) Annual Reports.--The Commission shall submit to the President
and the Congress annual reports on the revenue and expenditures of the
Commission, including a list of each gift, bequest, or devise to the
Commission with a value of more than $250, together with the identity
of the donor of each gift, bequest, or devise.
(b) Interim Reports.--The Commission may submit to the President
and Congress interim reports as the Commission considers appropriate.
(c) Final Report.--Not later than August 31, 2017, the Commission
shall submit a final report to the President and the Congress
containing--
(1) a summary of the activities of the Commission;
(2) a final accounting of funds received and expended by
the Commission; and
(3) the findings, conclusions, and final recommendations of
the Commission.
SEC. 8. TERMINATION.
The Commission may terminate on such date as the Commission may
determine after it submits its final report pursuant to section 7(c),
but not later than September 30, 2017.
SEC. 9. ANNUAL AUDIT.
The Inspector General of the Department of the Interior may perform
an audit of the Commission, shall make the results of any audit
performed available to the public, and shall transmit such results to
the Committee on Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate.
SEC. 10. PROHIBITION ON OBLIGATION OF FEDERAL FUNDS.
No Federal funds may be obligated to carry out this Act. | John F. Kennedy Centennial Commission Act This bill establishes the John F. Kennedy Centennial Commission, which shall: plan, develop, and carry out activities to honor John F. Kennedy on the occasion of the 100th anniversary of his birth; and provide advice and assistance to federal, state, and local governmental agencies and civic groups to carry out activities to honor Kennedy on such occasion. The commission shall submit to the President and Congress annual reports on its revenue and expenditures, such interim reports as appropriate, and a final report by August 31, 2017. The commission shall terminate by September 30, 2017. The Inspector General of the Department of the Interior may perform an audit of the commission. | John F. Kennedy Centennial Commission Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Boys Town Centennial Commemorative
Coin Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Boys Town is a nonprofit organization dedicated to saving
children and healing families, nationally headquartered in the
village of Boys Town, Nebraska;
(2) Father Flanagan's Boys Home, known as ``Boys Town'', was
founded on December 12, 1917, by Servant of God Father Edward
Flanagan;
(3) Boys Town was created to serve children of all races and
religions;
(4) news of the work of Father Flanagan spread worldwide with
the success of the 1938 movie, ``Boys Town'';
(5) after World War II, President Truman asked Father Flanagan
to take his message to the world, and Father Flanagan traveled the
globe visiting war orphans and advising government leaders on how
to care for displaced children;
(6) Boys Town has grown exponentially, and now provides care to
children and families across the country in 11 regions, including
California, Nevada, Texas, Nebraska, Iowa, Louisiana, North
Florida, Central Florida, South Florida, Washington, DC, New York,
and New England;
(7) the Boys Town National Hotline provides counseling to more
than 150,000 callers each year;
(8) the Boys Town National Research Hospital is a national
leader in the field of hearing care and research of Usher Syndrome;
(9) Boys Town programs impact the lives of more than 2 million
children and families across America each year; and
(10) December 12th, 2017, will mark the 100th anniversary of
Boys Town, Nebraska.
SEC. 3. COIN SPECIFICATIONS.
(a) $5 Gold Coins.--The Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall mint and issue not more than
50,000 $5 coins in commemoration of the centennial of the founding of
Father Flanagan's Boys Town, each of which shall--
(1) weigh 8.359 grams;
(2) have a diameter of 0.850 inches; and
(3) contain 90 percent gold and 10 percent alloy.
(b) $1 Silver Coins.--The Secretary shall mint and issue not more
than 350,000 $1 coins in commemoration of the centennial of the
founding of Father Flanagan's Boys Town, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(c) Half Dollar Clad Coins.--The Secretary shall mint and issue not
more than 300,000 half dollar clad coins in commemoration of the
centennial of the founding of Father Flanagan's Boys Town, each of
which shall--
(1) weigh 11.34 grams;
(2) have a diameter of 1.205 inches; and
(3) be minted to the specifications for half dollar coins
contained in section 5112(b) of title 31, United States Code.
(d) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(e) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) In General.--The design of the coins minted under this Act
shall be emblematic of the 100 years of Boys Town, one of the largest
nonprofit child care agencies in the United States.
(b) Designation and Inscriptions.--On each coin minted under this
Act, there shall be--
(1) a designation of the value of the coin;
(2) an inscription of the year ``2017''; and
(3) inscriptions of the words ``Liberty'', ``In God We Trust'',
``United States of America'', and ``E Pluribus Unum''.
(c) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
National Executive Director of Boys Town and the Commission of Fine
Arts; and
(2) reviewed by the Citizens of 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) Mint Facility.--Only one facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the period beginning on January 1, 2017, and ending on
December 31, 2017.
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; and
(2) 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 issued under this Act shall
include a surcharge as follows:
(1) A surcharge of $35 per coin for the $5 coin.
(2) A surcharge of $10 per coin for the $1 coin.
(3) A surcharge of $5 per coin for the half dollar coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be paid to Boys Town to carry out
Boys Town's cause of caring for and assisting children and families in
underserved communities across America.
(c) Audits.--Boys Town shall be subject to the audit requirements
of section 5134(f)(2) of title 31, United States Code, with regard to
the amounts received under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual two commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection.
SEC. 8. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act will not result in
any net cost to the Federal Government; and
(2) no funds, including applicable surcharges, shall be
disbursed to any recipient designated in section 7 until the total
cost of designing and issuing all of the coins authorized by this
Act (including labor, materials, dies, use of machinery, overhead
expenses, marketing, and shipping) is recovered by the United
States Treasury, consistent with sections 5112(m) and 5134(f) of
title 31, United States Code.
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 House on June 23, 2015. Boys Town Centennial Commemorative Coin Act (Sec. 3) Directs the Secretary of the Treasury to mint and issue up to 50,000 $5 gold coins, 350,000 $1 silver coins, and 300,000 half-dollar clad coins to commemorate the centennial of the founding of Father Flanagan's Boys Town. (Sec. 4) Requires the design of the coins to be emblematic of the 100 years of Boys Town, one of the largest nonprofit child care agencies in the United States. (Sec. 5) Permits issuance of such coins only between January 1, 2017, and December 31, 2017. (Sec. 7) Subjects all coin sales to specified surcharges, which shall be paid to Boys Town to carry out its cause of caring for and assisting children and families in underserved communities across America. Prohibits any surcharge if issuance of the coin would exceed the annual commemorative coin program issuance limitation. (Sec. 8) Directs the Secretary to ensure that: (1) minting and issuing such coins will not result in any net cost to the federal government; and (2) no funds, including surcharges, will be disbursed to Boys Town until the total cost of designing and issuing all authorized coins is recovered by the Treasury. | Boys Town Centennial Commemorative Coin Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pine River Project Conveyance Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) The term ``Jurisdictional Map'' means the map entitled
``Transfer of Jurisdiction--Vallecito Reservoir, United States
Department of Agriculture, Forest Service and United States
Department of the Interior, Bureau of Reclamation and the
Bureau of Indian Affairs'' dated March, 1998.
(2) The term ``Pine River Project'' or the ``Project''
means Vallecito Dam and Reservoir owned by the United States
and authorized in 1937 under the provisions of the Department
of the Interior Appropriation Act of June 25, 1910, 36 Stat.
835; facilities appurtenant to the Dam and Reservoir, including
equipment, buildings, and other improvements; lands adjacent to
the Dam and Reservoir; easements and rights-of-way necessary
for access and all required connections with the Dam and
Reservoir, including those for necessary roads; and associated
personal property, including contract rights and any and all
ownership or property interest in water or water rights.
(3) The term ``Repayment Contract'' means Repayment
Contract #I1r-1204, between Reclamation and the Pine River
Irrigation District, dated April 15, 1940, and amended November
30, 1953, and all amendments and additions thereto, including
the Act of July 27, 1954 (68 Stat. 534), covering the Pine
River Project and certain lands acquired in support of the
Vallecito Dam and Reservoir pursuant to which the Pine River
Irrigation District has assumed operation and maintenance
responsibilities for the dam, reservoir, and water-based
recreation in accordance with existing law.
(4) The term ``Reclamation'' means the Department of the
Interior, Bureau of Reclamation.
(5) The term ``Secretary'' means the Secretary of the
Interior.
(6) The term ``Southern Ute Indian Tribe'' or ``Tribe''
means a federally recognized Indian tribe, located on the
Southern Ute Indian Reservation, La Plata County, Colorado.
(7) The term ``Pine River Irrigation District'' or
``District'' means a political division of the State of
Colorado duly organized, existing, and acting pursuant to the
laws thereof with its principal place of business in the City
of Bayfield, La Plata County, Colorado and having an undivided
\5/6\ right and interest in the use of the water made available
by Vallecito Reservoir for the purpose of supplying the lands
of the District, pursuant to the Repayment Contract, and the
decree in Case No. 1848-B, District Court, Water Division 7,
State of Colorado, as well as an undivided \5/6\ right and
interest in the Pine River Project.
SEC. 3. TRANSFER OF THE PINE RIVER PROJECT.
(a) Conveyance.--The Secretary is authorized to convey, without
consideration or compensation to the District, by quitclaim deed or
patent, pursuant to section 6, the United States undivided \5/6\ right
and interest in the Pine River Project under the jurisdiction of
Reclamation for the benefit of the Pine River Irrigation District. No
partition of the undivided \5/6\ right and interest in the Pine River
Project shall be permitted from the undivided \1/6\ right and interest
in the Pine River Project described in subsection (b) and any quitclaim
deed or patent evidencing a transfer shall expressly prohibit
partitioning. Effective on the date of the conveyance, all obligations
between the District and the Bureau of Indian Affairs on the one hand
and Reclamation on the other hand, under the Repayment Contract or with
respect to the Pine River Project are extinguished. Upon completion of
the title transfer, said Repayment Contract shall become null and void.
The District shall be responsible for paying 50 percent of all costs
associated with the title transfer.
(b) Bureau of Indian Affairs Interest.--At the option of the Tribe,
the Secretary is authorized to convey to the Tribe the Bureau of Indian
Affairs' undivided \1/6\ right and interest in the Pine River Project
and the water supply made available by Vallecito Reservoir pursuant to
the Memorandum of Understanding between the Bureau of Reclamation and
the Office of Indian Affairs dated January 3, 1940, together with its
Amendment dated July 9, 1964 (`MOU'), the Repayment Contract and
decrees in Case Nos. 1848-B and W-1603-76D, District Court, Water
Division 7, State of Colorado. In the event of such conveyance, no
consideration or compensation shall be required to be paid to the
United States.
(c) Federal Dam Use Charge.--Nothing in this Act shall relieve the
holder of the license issued by the Federal Energy Regulatory
Commission under the Federal Power Act for Vallecito Dam in effect on
the date of enactment of this Act from the obligation to make payments
under section 10(e)(2) of the Federal Power Act during the remaining
term of the present license. At the expiration of the present license
term, the Federal Energy Regulatory Commission shall adjust the charge
to reflect either (1) the \1/6\ interest of the United States remaining
in the Vallecito Dam after conveyance to the District; or (2) if the
remaining \1/6\ interest of the United States has been conveyed to the
Tribe pursuant to subsection (b), then no Federal dam charge shall be
levied from the date of expiration of the present license.
SEC. 4. JURISDICTIONAL TRANSFER OF LANDS.
(a) Inundated Lands.--To provide for the consolidation of lands
associated with the Pine River Project to be retained by the Forest
Service and the consolidation of lands to be transferred to the
District, the administrative jurisdiction of lands inundated by and
along the shoreline of Vallecito Reservoir, as shown on the
Jurisdictional Map, shall be transferred, as set forth in subsection
(b) (the ``Jurisdictional Transfer''), concurrently with the conveyance
described in section 3(a). Except as otherwise shown on the
Jurisdictional Map--
(1) for withdrawn lands (approximately 260 acres) lying
below the 7,765-foot reservoir water surface elevation level,
the Forest Service shall transfer an undivided \5/6\ interest
to Reclamation and an undivided \1/6\ interest to the Bureau of
Indian Affairs in trust for the Tribe; and
(2) for Project acquired lands (approximately 230 acres)
above the 7,765-foot reservoir water surface elevation level,
Reclamation and the Bureau of Indian Affairs shall transfer
their interests to the Forest Service.
(b) Map.--The Jurisdictional Map and legal descriptions of the
lands transferred pursuant to subsection (a) shall be on file and
available for public inspection in the offices of the Chief of the
Forest Service, Department of Agriculture, the Commissioner of
Reclamation, Department of the Interior, appropriate field offices of
those agencies, and the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate.
(c) Administration.--Following the Jurisdictional Transfer:
(1) All lands that, by reason of the Jurisdictional
Transfer, become National Forest System lands within the
boundaries of the San Juan National Forest, shall be
administered in accordance with the laws, rules, and
regulations applicable to the National Forest System.
(2) Reclamation withdrawals of land from the San Juan
National Forest established by Secretarial Orders on November
9, 1936, October 14, 1937, and June 20, 1945, together
designated as Serial No. C-28259, shall be revoked.
(3) The Forest Service shall issue perpetual easements to
the District and the Bureau of Indian Affairs, at no cost to
the District or the Bureau of Indian Affairs, providing
adequate access across all lands subject to Forest Service
jurisdiction to insure the District and the Bureau of Indian
Affairs the ability to continue to operate and maintain the
Pine River Project.
(4) The undivided \5/6\ interest in National Forest System
lands that, by reason of the Jurisdictional Transfer is to be
administered by Reclamation, shall be conveyed to the District
pursuant to section 3(a).
(5) The District and the Bureau of Indian Affairs shall
issue perpetual easements to the Forest Service, at no cost to
the Forest Service, from National Forest System lands to
Vallecito Reservoir to assure continued public access to
Vallecito Reservoir when the Reservoir level drops below the
7,665-foot water surface elevation.
(6) The District and the Bureau of Indian Affairs shall
issue a perpetual easement to the Forest Service, at no cost to
the Forest Service, for the reconstruction, maintenance, and
operation of a road from La Plata County Road No. 501 to
National Forest System lands east of the Reservoir.
(d) Valid Existing Rights.--Nothing in this Act shall affect any
valid existing rights or interests in any existing land use
authorization, except that any such land use authorization shall be
administered by the agency having jurisdiction over the land after the
Jurisdictional Transfer in accordance with subsection (c) and other
applicable law. Renewal or reissuance of any such authorization shall
be in accordance with applicable law and the regulations of the agency
having jurisdiction, except that the change of administrative
jurisdiction shall not in itself constitute a ground to deny the
renewal or reissuance of any such authorization.
SEC. 5. LIABILITY.
Effective on the date of the conveyance of the remaining undivided
\1/6\ right and interest in the Pine River Project to the Tribe
pursuant to subsection 3(b), the United States shall not be held liable
by any court for damages of any kind arising out of any act, omission,
or occurrence relating to such Project, except for damages caused by
acts of negligence committed by the United States or by its employees,
agents, or contractors prior to the date of conveyance. Nothing in this
section shall be deemed to increase the liability of the United States
beyond that currently provided in the Federal Tort Claims Act (28
U.S.C. 2671 et seq.).
SEC. 6. COMPLETION OF CONVEYANCE.
(a) In General.--The Secretary's completion of the conveyance under
section 3 shall not occur until the following events have been
completed:
(1) Compliance with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), and other applicable Federal
and State laws.
(2) The submission of a written statement from the Southern
Ute Indian Tribe to the Secretary indicating the Tribe's
satisfaction that the Tribe's Indian Trust Assets are protected
in the conveyance described in section 3.
(3) Execution of an agreement acceptable to the Secretary
which limits the future liability of the United States relative
to the operation of the Project.
(4) The submission of a statement by the Secretary to the
District, the Bureau of Indian Affairs, and the State of
Colorado on the existing condition of Vallecito Dam based on
Bureau of Reclamation's current knowledge and understanding.
(5) The development of an agreement between the Bureau of
Indian Affairs and the District to prescribe the District's
obligation to so operate the Project that the \1/6\ rights and
interests to the Project and water supply made available by
Vallecito Reservoir held by the Bureau of Indian Affairs are
protected. Such agreement shall supercede the Memorandum of
Agreement referred to in section 3(b) of this Act.
(6) The submission of a plan by the District to manage the
Project in a manner substantially similar to the manner in
which it was managed prior to the transfer and in accordance
with applicable Federal and State laws, including management
for the preservation of public access and recreational values
and for the prevention of growth on certain lands to be
conveyed hereunder, as set forth in an Agreement dated March
20, 1998, between the District and residents of Vallecito
Reservoir. Any future change in the use of the water supplied
by Vallecito Reservoir shall comply with applicable law.
(7) The development of a flood control plan by the
Secretary of the Army acting through the Corps of Engineers
which shall direct the District in the operation of Vallecito
Dam for such purposes.
(b) Report.--If the transfer authorized in section 3 is not
substantially completed within 18 months from the date of enactment of
this Act, the Secretary, in coordination with the District, shall
promptly provide a report to the Committee on Resources of the House of
Representatives and to the Committee on Energy and Natural Resources of
the Senate on the status of the transfer described in section 3(a), any
obstacles to completion of such transfer, and the anticipated date for
such transfer.
(c) Future Benefits.--Effective upon transfer, the District shall
not be entitled to receive any further Reclamation benefits
attributable to its status as a Reclamation project pursuant to the
Reclamation Act of June 17, 1902, and Acts supplementary thereto or
amendatory thereof.
Passed the Senate October 7 (legislative day, October 2),
1998.
Attest:
GARY SISCO,
Secretary. | Pine River Project Conveyance Act - Authorizes the Secretary of the Interior to convey to the Pine River Irrigation District, Colorado, a specified interest of the Pine River Project (a water facilities project which includes the Vallecito Dam and Reservoir in Colorado, along with related easements and appurtenances). Extinguishes upon the conveyance date all current obligations between the District and: (1) the Bureau of Indian Affairs; and (2) the Bureau of Land Management. Requires the District to pay 50 percent of all title transfer costs. Authorizes the Secretary to convey a remaining fractional interest in such Project to the Southern Ute Indian Tribe of Colorado, pursuant to a specified memorandum of understanding.
Provides for: (1) the transfer of certain inundated lands along the Dam and Reservoir; and (2) appropriate administrative jurisdiction over such lands after such transfer.
Prohibits such conveyance until the completion of specified events, including compliance with applicable environmental laws, issuance of a statement by the Ute Tribe to the Secretary that their trust assets have been protected, execution of an agreement acceptable to the Secretary which limits the future liability of the United States relative to the operation of the Project, and development of a flood control plan by the Secretary of the Army which shall direct the District in the operation of the Vallecito Dam for such purpose. Directs the Secretary, if the transfer is not substantially completed within 18 months from the enactment of this Act, to report to specified congressional committees on the transfer's status, obstacles, and anticipated completion date. | Pine River Project Conveyance Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Employee Wellness
Programs Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Congress has a strong tradition of protecting and
preserving employee workplace wellness programs, including
programs that utilize a health risk assessment, biometric
screening, or other resources to inform and empower employees
in making healthier lifestyle choices;
(2) health promotion and prevention programs are a means to
reduce the burden of chronic illness, improve health, and limit
the growth of health care costs;
(3) in enacting the Patient Protection and Affordable Care
Act (Public Law 111-148), Congress intended that employers
would be permitted to implement health promotion and prevention
programs that provide incentives, rewards, rebates, surcharges,
penalties, or other inducements related to wellness programs,
including rewards of up to 50 percent off of insurance premiums
for employees participating in programs designed to encourage
healthier lifestyle choices; and
(4) Congress has struck an appropriate balance among
employees, health care providers, and wellness plan sponsors to
protect individual privacy and confidentiality in a wellness
program which is designed to improve health outcomes.
SEC. 3. NONDISCRIMINATORY EMPLOYEE WELLNESS PROGRAMS.
(a) Offering of Program Rewards.--
(1) In general.--Notwithstanding any other provision of
law, workplace wellness programs, or programs of health
promotion or disease prevention offered by an employer or in
conjunction with an employer-sponsored health plan, described
in section 2705(j) of the Public Health Service Act (42 U.S.C.
300gg-4(j)), shall not violate the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) or title I or II of the
Genetic Information Nondiscrimination Act of 2008 (Public Law
110-233) because such program provides any amount or type of
reward (as provided for in section 2705(j)(3)(A) of the Public
Health Service Act (42 U.S.C. 300 gg-4(j)(3)(A))) to program
participants if such program complies with such section 2705(j)
(or any regulations promulgated with respect to such section by
the Secretary of Labor, the Secretary of Health and Human
Services, and the Secretary of the Treasury).
(2) Application of subsection.--With respect to workplace
wellness programs, or programs of health promotion or disease
prevention offered by an employer or in conjunction with an
employer-sponsored health plan, described in section
2705(j)(1)(B) or section 2705(j)(2) of the Public Health
Service Act (42 U.S.C. 300gg-4(j)(1)(B) or (j)(2)), this
subsection shall apply if the reward with respect to such
programs is less than or equal to the maximum reward amounts
provided for by section 2705(j)(3)(A) of such Act (42 U.S.C.
300gg-4(j)(3)(A)) (or any regulations promulgated with respect
to such section by the Secretary of Labor, the Secretary of
Health and Human Services, and the Secretary of the Treasury).
(b) Collection of Information.--Notwithstanding any other provision
of law, the collection of information about the manifested disease or
disorder of a family member shall not be considered an unlawful
acquisition of genetic information with respect to another family
member participating in workplace wellness programs, or programs of
health promotion or disease prevention offered by an employer or in
conjunction with an employer-sponsored health plan, described in
section 2705(j) of the Public Health Service Act (42 U.S.C. 300gg-
4(j)), and shall not violate title I or title II of the Genetic
Information Nondiscrimination Act of 2008 (Public Law 110-233). For
purposes of the preceding sentence, the terms ``family members'' and
``manifestation'' shall have the meanings given such terms for purposes
of title I or II of the Genetic Information Nondiscrimination Act
(Public Law 110-233), or the amendments made by such titles, as
appropriate.
(c) Rules of Construction.--
(1) Relating to the ada.--Nothing in this Act shall be
construed to limit or otherwise restrict the application of
section 501(c)(2) of the Americans with Disabilities Act of
1990 (42 U.S.C. 12201(c)(2)) to any programs or arrangements
described in this Act.
(2) Relating to employer deadlines.--Nothing in the
regulations referred to in subsection (a) shall be construed to
prevent an employer that is offering a wellness program to an
employee from establishing a deadline of up to 180 days for
employees to request and complete a reasonable alternative
standard (or waiver of the otherwise applicable standard). A
reasonable alternative standard (or waiver of the otherwise
applicable standard) is provided for in section 2705(j)(3)(D)
of the Public Health Service Act (42 U.S.C. 300 gg-4(j)(3)(D))
(or any regulations promulgated with respect to such section by
the Secretary of Labor, the Secretary of Health and Human
Services, and the Secretary of the Treasury).
SEC. 4. EFFECTIVE DATE.
This Act shall take effect as if enacted on March 23, 2010, and
shall apply to the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) and the Genetic Information Nondiscrimination Act of
2008 (Public Law 110-233), including the amendments made by such Acts. | Preserving Employee Wellness Programs Act This bill declares that a workplace wellness program, by offering a reward to participants, does not violate the Americans with Disabilities Act of 1990 or title I or II of the Genetic Information Nondiscrimination Act of 2008 if the program complies with Public Health Service Act requirements. Collection of information about a family member's manifested disease or disorder is not considered an unlawful acquisition of genetic information with respect to another family member participating in a workplace wellness program. This bill takes effect as if enacted on March 23, 2010. | Preserving Employee Wellness Programs Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``High-Performance Computing
Revitalization Act of 2004''.
SEC. 2. DEFINITIONS.
Section 4 of the High-Performance Computing Act of 1991 (15 U.S.C.
5503) is amended--
(1) in paragraph (2), by inserting ``and multidisciplinary
teams of researchers'' after ``high-performance computing
resources'';
(2) in paragraph (3)--
(A) by striking ``scientific workstations,'';
(B) by striking ``(including vector supercomputers
and large scale parallel systems)'';
(C) by striking ``and applications'' and inserting
``applications''; and
(D) by inserting ``, and the management of large
data sets'' after ``systems software'';
(3) in paragraph (4), by striking ``packet switched''; and
(4) by amending paragraphs (5) and (6) to read as follows:
``(5) `Program' means the High-Performance Computing
Research and Development Program described in section 101; and
``(6) `Program Component Areas' means the major subject
areas under which are grouped related individual projects and
activities carried out under the Program.''.
SEC. 3. HIGH-PERFORMANCE COMPUTING RESEARCH AND DEVELOPMENT PROGRAM.
Title I of the High-Performance Computing Act of 1991 (15 U.S.C.
5511 et seq.) is amended--
(1) in the title heading, by striking ``AND THE NATIONAL
RESEARCH AND EDUCATION NETWORK'' and inserting ``RESEARCH AND
DEVELOPMENT'';
(2) in section 101--
(A) the section heading, by striking ``national
high-performance computing'' and inserting ``high-
performance computing research and development'';
(B) in subsection (a)--
(i) in the subsection heading, by striking
``National High-performance Computing'' and
inserting ``High-performance Computing Research
and Development'';
(ii) by striking paragraphs (1) and (2) and
inserting the following: ``(1) The President
shall implement a High-Performance Computing
Research and Development Program, which shall--
``(A) provide for long-term basic and applied
research on high-performance computing;
``(B) provide for research and development on, and
demonstration of, technologies to advance the capacity
and capabilities of high-performance computing and
networking systems;
``(C) provide for sustained access by the research
community in the United States to high-performance
computing systems that are among the most advanced in
the world in terms of performance in solving scientific
and engineering problems, including provision for
technical support for users of such systems;
``(D) provide for efforts to increase software
availability, productivity, capability, security,
portability, and reliability;
``(E) provide for high-performance networks,
including experimental testbed networks, to enable
research and development on, and demonstration of,
advanced applications enabled by such networks;
``(F) provide for computational science and
engineering research on mathematical modeling and
algorithms for applications in all fields of science
and engineering;
``(G) provide for the technical support of, and
research and development on, high-performance computing
systems and software required to address Grand
Challenges;
``(H) provide for educating and training additional
undergraduate and graduate students in software
engineering, computer science, computer and network
security, applied mathematics, library and information
science, and computational science; and
``(I) provide for improving the security of
computing and networking systems, including Federal
systems, including research required to establish
security standards and practices for these systems.'';
(iii) by redesignating paragraphs (3) and
(4) as paragraphs (2) and (3), respectively;
(iv) in paragraph (2), as so redesignated
by clause (iii) of this subparagraph--
(I) by striking subparagraph (B);
(II) by redesignating subparagraphs
(A) and (C) as subparagraphs (D) and
(F), respectively;
(III) by inserting before
subparagraph (D), as so redesignated by
subclause (II) of this clause, the
following new subparagraphs:
``(A) establish the goals and priorities for Federal high-
performance computing research, development, networking, and
other activities;
``(B) establish Program Component Areas that implement the
goals established under subparagraph (A), and identify the
Grand Challenges that the Program should address;
``(C) provide for interagency coordination of Federal high-
performance computing research, development, networking, and
other activities undertaken pursuant to the Program;''; and
(IV) by inserting after
subparagraph (D), as so redesignated by
subclause (II) of this clause, the
following new subparagraph:
``(E) develop and maintain a research, development, and
deployment roadmap for the provision of high-performance
computing systems under paragraph (1)(C); and''; and
(v) in paragraph (3), as so redesignated by
clause (iii) of this subparagraph--
(I) by striking ``paragraph
(3)(A)'' and inserting ``paragraph
(2)(D)'';
(II) by amending subparagraph (A)
to read as follows:
``(A) provide a detailed description of the Program
Component Areas, including a description of any changes in the
definition of or activities under the Program Component Areas
from the preceding report, and the reasons for such changes,
and a description of Grand Challenges supported under the
Program;'';
(III) in subparagraph (C), by
striking ``specific activities'' and
all that follows through ``the
Network'' and inserting ``each Program
Component Area'';
(IV) in subparagraph (D), by
inserting ``and for each Program
Component Area'' after ``participating
in the Program'';
(V) in subparagraph (D), by
striking ``applies;'' and inserting
``applies; and'';
(VI) by striking subparagraph (E)
and redesignating subparagraph (F) as
subparagraph (E); and
(VII) in subparagraph (E), as so
redesignated by subclause (VI) of this
clause, by inserting ``and the extent
to which the Program incorporates the
recommendations of the advisory
committee established under subsection
(b)'' after ``for the Program'';
(C) in subsection (b)--
(i) by redesignating paragraphs (1) through
(5) as subparagraphs (A) through (E),
respectively;
(ii) by inserting ``(1)'' after ``Advisory
Committee.--'';
(iii) in paragraph (1)(C), as so
redesignated by clauses (i) and (ii) of this
subparagraph, by inserting ``, including
funding levels for the Program Component
Areas'' after ``of the Program'';
(iv) in paragraph (1)(D), as so
redesignated by clauses (i) and (ii) of this
subparagraph, by striking ``computing'' and
inserting ``high-performance computing and
networking''; and
(v) by adding at the end the following new
paragraph:
``(2) In addition to the duties outlined in paragraph (1), the
advisory committee shall conduct periodic evaluations of the funding,
management, coordination, implementation, and activities of the
Program, and shall report not less frequently than once every two
fiscal years to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on its findings and recommendations. The
first report shall be due within one year after the date of enactment
of this paragraph.''; and
(D) in subsection (c)(1)(A), by striking ``Program
or'' and inserting ``Program Component Areas or''; and
(3) by striking sections 102 and 103.
SEC. 4. AGENCY ACTIVITIES.
Title II of the High-Performance Computing Act of 1991 (15 U.S.C.
5521 et seq.) is amended--
(1) by amending subsection (a) of section 201 to read as
follows:
``(a) General Responsibilities.--As part of the Program described
in title I, the National Science Foundation shall--
``(1) support research and development to generate
fundamental scientific and technical knowledge with the
potential of advancing high-performance computing and
networking systems and their applications;
``(2) provide computing and networking infrastructure
support to the research community in the United States,
including the provision of high-performance computing systems
that are among the most advanced in the world in terms of
performance in solving scientific and engineering problems, and
including support for advanced software and applications
development, for all science and engineering disciplines; and
``(3) support basic research and education in all aspects
of high-performance computing and networking.'';
(2) by amending subsection (a) of section 202 to read as
follows:
``(a) General Responsibilities.--As part of the Program described
in title I, the National Aeronautics and Space Administration shall
conduct basic and applied research in high-performance computing and
networking, with emphasis on--
``(1) computational fluid dynamics, computational thermal
dynamics, and computational aerodynamics;
``(2) scientific data dissemination and tools to enable
data to be fully analyzed and combined from multiple sources
and sensors;
``(3) remote exploration and experimentation; and
``(4) tools for collaboration in system design, analysis,
and testing.'';
(3) in section 203--
(A) by striking subsections (a) through (d) and
inserting the following:
``(a) General Responsibilities.--As part of the Program described
in title I, the Secretary of Energy shall--
``(1) conduct and support basic and applied research in
high-performance computing and networking to support
fundamental research in science and engineering disciplines
related to energy applications; and
``(2) provide computing and networking infrastructure
support, including the provision of high-performance computing
systems that are among the most advanced in the world in terms
of performance in solving scientific and engineering problems,
and including support for advanced software and applications
development, for science and engineering disciplines related to
energy applications.''; and
(B) by redesignating subsection (e) as subsection
(b);
(4) by amending subsection (a) of section 204 to read as
follows:
``(a) General Responsibilities.--As part of the Program described
in title I--
``(1) the National Institute of Standards and Technology
shall--
``(A) conduct basic and applied metrology research
needed to support high-performance computing and
networking systems;
``(B) develop benchmark tests and standards for
high-performance computing and networking systems and
software;
``(C) develop and propose voluntary standards and
guidelines, and develop measurement techniques and test
methods, for the interoperability of high-performance
computing systems in networks and for common user
interfaces to high-performance computing and networking
systems; and
``(D) work with industry and others to develop, and
facilitate the implementation of, high-performance
computing applications to solve science and engineering
problems that are relevant to industry; and
``(2) the National Oceanic and Atmospheric Administration
shall conduct basic and applied research on high-performance
computing applications, with emphasis on--
``(A) improving weather forecasting and climate
prediction;
``(B) collection, analysis, and dissemination of
environmental information; and
``(C) development of more accurate models of the
ocean-atmosphere system.''; and
(5) by amending subsection (a) of section 205 to read as
follows:
``(a) General Responsibilities.--As part of the Program described
in title I, the Environmental Protection Agency shall conduct basic and
applied research directed toward advancement and dissemination of
computational techniques and software tools for high-performance
computing systems with an emphasis on modeling to--
``(1) develop robust decision support tools;
``(2) predict pollutant transport and the effects of
pollutants on humans and on ecosystems; and
``(3) better understand atmospheric dynamics and
chemistry.''.
SEC. 5. SOCIETAL IMPLICATIONS OF INFORMATION TECHNOLOGY.
In carrying out its programs on the social, economic, legal,
ethical, and cultural implications of information technology, the
National Science Foundation shall support research into the
implications of computers (including both hardware and software) that
would be capable of mimicking human abilities to learn, reason, and
make decisions.
SEC. 6. ASTRONOMY AND ASTROPHYSICS ADVISORY COMMITTEE.
(a) Amendments.--Section 23 of the National Science Foundation
Authorization Act of 2002 (42 U.S.C. 1862n-9) is amended--
(1) by striking ``and the National Aeronautics and Space
Administration'' each place it appears in subsections (a) and
(b) and inserting ``, the National Aeronautics and Space
Administration, and the Department of Energy'';
(2) in subsection (b)(3), by inserting ``the Secretary of
Energy,'' after ``the Administrator of the National Aeronautics
and Space Administration,'';
(3) in subsection (c)--
(A) by striking ``5'' in each of paragraphs (1) and
(2) and inserting ``4'';
(B) by striking ``and'' at the end of paragraph
(2);
(C) by redesignating paragraph (3) as paragraph
(4), and in that paragraph by striking ``3'' and
inserting ``2''; and
(D) by inserting after paragraph (2) the following
new paragraph:
``(3) 3 members selected by the Secretary of Energy; and'';
and
(4) in subsection (f), by striking ``the advisory bodies of
other Federal agencies, such as the Department of Energy, which
may engage in related research activities'' and inserting
``other Federal advisory committees that advise Federal
agencies which engage in related research activities''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on March 15, 2005.
SEC. 7. REMOVAL OF SUNSET PROVISION FROM SAVINGS IN CONSTRUCTION ACT OF
1996.
Section 14(e) of the Metric Conversion Act of 1975 (15 U.S.C.
205l(e)) is repealed.
Passed the House of Representatives July 7, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | High-Performance Computing Revitalization Act of 2004 - Amends the High-Performance Computing Act of 1991 to direct the President to implement a High-Performance Computing Research and Development Program (current law provides for a National High-Performance Computing Program) and revise program requirements.
Requires the Director of the Office of Science and Technology Policy to: (1) establish the goals and priorities for Federal high-performance computing research, development, networking, and other activities; (2) establish Program Component Areas that implement such goals and identify the Grand Challenges (i.e., fundamental problems in science or engineering, with broad economic and scientific impact, whose solutions will require the application of high-performance computing resources) that the Program should address; and (3) develop and maintain a research, development, and deployment road map for the provision of high-performance computing systems. Eliminates the requirement that the Director provide for interagency coordination of the Program.
Revises requirements for annual reports by requiring that such reports: (1) describe Program Component Areas, including any changes in the definition of or activities under such Areas and the reasons for such changes, and describe Grand Challenges supported under the Program; (2) describe the levels of Federal funding and the levels proposed for each Program Component Area; (3) describe the levels of Federal funding for each agency and department participating in the Program for each such Area; and (4) include an analysis of the extent to which the Program incorporates the recommendations of the advisory committee on high-performance computing. Eliminates the requirement that such reports include reports from the Secretary of Energy on Department of Energy activities taken to carry out the National High-Performance Computing Program.
Requires such advisory committee to: (1) provide the Director with an independent assessment of the balance between components of the Program, including funding levels for the Program Component Areas and whether the research and development undertaken pursuant to the Program is helping to maintain U.S. leadership in high-performance computing and networking; and (2) conduct periodic evaluations of the funding, management, coordination, implementation, and activities of the Program, and report at least once every two fiscal years to specified congressional committees.
Requires the Office of Management and Budget to identify each element of its high-performance computing activities which contributes directly to the Program Component Areas or benefits from the Program.
Repeals requirements under the Act for the National Research and Education Network and the Next Generation Internet.
Modifies provisions regarding responsibilities of the National Science Foundation, the National Aeronautics and Space Administration, the Secretary of Energy, the National Institute of Standards and Technology, the National Oceanic and Atmospheric Administration, and the Environmental Protection Agency. | To amend the High-Performance Computing Act of 1991. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Make College Affordable Act of
1999''.
SEC. 2. DEDUCTION FOR HIGHER EDUCATION EXPENSES.
(a) Deduction Allowed.--Section 221 of the Internal Revenue Code of
1986 is amended to read as follows:
``SEC. 221. HIGHER EDUCATION EXPENSES.
``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction an amount equal to--
``(1) the qualified higher education expenses, and
``(2) interest on qualified higher education loans,
paid by the taxpayer during the taxable year.
``(b) Limitation Based on Modified Adjusted Gross Income.--
``(1) In general.--The amount which would (but for this
subsection) be taken into account under subsection (a) shall be
reduced (but not below zero) by the amount determined under
paragraph (2).
``(2) Amount of reduction.--The amount determined under
this paragraph equals the amount which bears the same ratio to
the amount which would be so taken into account as--
``(A) the excess of--
``(i) the taxpayer's modified adjusted
gross income for such taxable year, over
``(ii) $65,000 ($95,000 in the case of a
joint return), bears to
``(B) $20,000.
``(3) Modified adjusted gross income.--For purposes of this
subsection, the term `modified adjusted gross income' means the
adjusted gross income of the taxpayer for the taxable year
determined--
``(A) without regard to this section and sections
911, 931, and 933, and
``(B) after the application of sections 86, 135,
219, 220, and 469.
For purposes of the sections referred to in subparagraph (B),
adjusted gross income shall be determined without regard to the
deduction allowed under this section.
``(4) Inflation adjustments.--
``(A) In general.--In the case of a taxable year
beginning after 2000, the $65,000 and $95,000 amounts
described in paragraph (2) shall each 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 1999'
for `calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $5,000, such
amount shall be rounded to the next lowest multiple of
$5,000.
``(c) Qualified Higher Education Expenses.--For purposes of this
section--
``(1) Qualified higher education expenses.--
``(A) In general.--The term `qualified higher
education expenses' means--
``(i) tuition and fees charged by an
educational institution and required for the
enrollment or attendance of--
``(I) the taxpayer,
``(II) the taxpayer's spouse,
``(III) any dependent of the
taxpayer with respect to whom the
taxpayer is allowed a deduction under
section 151, or
``(IV) any grandchild of the
taxpayer,
as an eligible student at an institution of
higher education, and
``(ii) reasonable living expenses for such
an individual while away from home and
attending such institution.
``(B) Eligible courses.--Amounts paid for qualified
higher education expenses of any individual shall be
taken into account under subsection (a) only to the
extent such expenses--
``(i) are attributable to courses of
instruction for which credit is allowed toward
a baccalaureate degree by an institution of
higher education or toward a certificate of
required course work at a vocational school,
and
``(ii) are not attributable to any graduate
program of such individual.
``(C) Exception for nonacademic fees.--Such term
does not include any student activity fees, athletic
fees, insurance expenses, or other expenses unrelated
to a student's academic course of instruction.
``(D) Eligible student.--For purposes of
subparagraph (A), the term `eligible student' means a
student who--
``(i) meets the requirements of section
484(a)(1) of the Higher Education Act of 1965
(20 U.S.C. 1091(a)(1)), as in effect on the
date of the enactment of this section, and
``(ii) is carrying at least one-half the
normal full-time work load for the course of
study the student is pursuing, as determined by
the institution of higher education.
``(E) Identification requirement.--No deduction
shall be allowed under subsection (a) to a taxpayer
with respect to an eligible student unless the taxpayer
includes the name, age, and taxpayer identification
number of such eligible student on the return of tax
for the taxable year.
``(2) Institution of higher education.--The term
`institution of higher education' means an institution which--
``(A) is described in section 481 of the Higher
Education Act of 1965 (20 U.S.C. 1088), as in effect on
the date of the enactment of this section, and
``(B) is eligible to participate in programs under
title IV of such Act.
``(d) Qualified Higher Education Loan.--For purposes of this
section--
``(1) In general.--The term `qualified higher education
loan' means a loan which is--
``(A) made, insured, or guaranteed by the Federal
Government,
``(B) made by a State or a political subdivision of
a State,
``(C) made from the proceeds of a qualified student
loan bond under section 144(b), or
``(D) made by an institution of higher education
(as defined in section 1201(a) of the Higher Education
Act of 1965 (20 U.S.C. 1141(a))).
``(2) Limitation.--The amount of interest on a qualified
higher education loan which is taken into account under
subsection (a)(2) shall not exceed the amount which bears the
same ratio to such amount of interest as--
``(A) the proceeds from such loan used for
qualified higher education expenses, bears to
``(B) the total proceeds from such loan.
For purposes of the preceding sentence, the term `qualified
higher education expenses' shall be determined without regard
to subsection (c)(1)(A)(i)(IV).
``(e) Special Rules.--
``(1) No double benefit.--
``(A) In general.--No deduction shall be allowed
under subsection (a) for any expense for which a
deduction is allowable to the taxpayer under any other
provision of this chapter unless the taxpayer
irrevocably waives his right to the deduction of such
expense under such other provision.
``(B) Denial of deduction if credit elected.--No
deduction shall be allowed under subsection (a) for a
taxable year with respect to the qualified higher
education expenses of an individual if the taxpayer
elects to have section 25A apply with respect to such
individual for such year.
``(C) Dependents.--No deduction shall be allowed
under subsection (a) to any individual with respect to
whom a deduction under section 151 is allowable to
another taxpayer for a taxable year beginning in the
calendar year in which such individual's taxable year begins.
``(D) Coordination with exclusions.--A deduction
shall be allowed under subsection (a) for qualified
higher education expenses only to the extent the amount
of such expenses exceeds the amount excludable under
section 135 or 530(d)(2) for the taxable year.
``(2) Limitation on taxable year of deduction.--
``(A) In general.--A deduction shall be allowed
under subsection (a) for qualified higher education
expenses for any taxable year only to the extent such
expenses are in connection with enrollment at an
institution of higher education during the taxable
year.
``(B) Certain prepayments allowed.--Subparagraph
(A) shall not apply to qualified higher education
expenses paid during a taxable year if such expenses
are in connection with an academic term beginning
during such taxable year or during the first 3 months
of the next taxable year.
``(3) Adjustment for certain scholarships and veterans
benefits.--The amount of qualified higher education expenses
otherwise taken into account under subsection (a) or (d)(2)
with respect to the education of an individual shall be reduced
(before the application of subsection (b)) by the sum of the
amounts received with respect to such individual for the
taxable year as--
``(A) a qualified scholarship which under section
117 is not includable in gross income,
``(B) an educational assistance allowance under
chapter 30, 31, 32, 34, or 35 of title 38, United
States Code, or
``(C) a payment (other than a gift, bequest,
devise, or inheritance within the meaning of section
102(a)) for educational expenses, or attributable to
enrollment at an eligible educational institution,
which is exempt from income taxation by any law of the
United States.
``(4) No deduction for married individuals filing separate
returns.--If the taxpayer is a married individual (within the
meaning of section 7703), this section shall apply only if the
taxpayer and the taxpayer's spouse file a joint return for the
taxable year.
``(5) Nonresident aliens.--If the taxpayer is a nonresident
alien individual for any portion of the taxable year, this
section shall apply only if such individual is treated as a
resident alien of the United States for purposes of this
chapter by reason of an election under subsection (g) or (h) of
section 6013.
``(6) Regulations.--The Secretary may prescribe such
regulations as may be necessary or appropriate to carry out
this section, including regulations requiring recordkeeping and
information reporting.''
(b) Deduction Allowed in Computing Adjusted Gross Income.--
Paragraph (17) of section 62(a) of such Code is amended to read as
follows:
``(17) Higher education expenses.--The deduction allowed by
section 221.''
(c) Conforming Amendments.--
(1) The table of sections for part VII of subchapter B of
chapter 1 of such Code is amended by striking the item relating
to section 221 and inserting the following new item:
``Sec. 221. Higher education expenses.''
(2) Section 6050S(e) of such Code is amended by striking
``section 221(e)(1)'' and inserting ``section 221(d)(1)''.
(d) Effective Date.--The amendments made by this section shall
apply to payments made after December 31, 1998. | Make College Affordable Act of 1999 - Amends the Internal Revenue Code to allow the deduction of qualified higher education expenses and interest on qualified higher education loans. Limits such deduction based on modified adjusted gross income. | Make College Affordable Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Uniformed Services Medicare
Subvention Demonstration Project Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Medicare-eligible covered military beneficiary.--The
term ``medicare-eligible covered military beneficiary'' means a
beneficiary under chapter 55 of title 10, United States Code,
including a beneficiary under section 1074(a) of such title,
who is entitled to benefits under part A of title XVII of the
Social Security Act (42 U.S.C. 1395 et seq.).
(2) TRICARE program.--The term ``TRICARE program'' means the
managed health care program that is established by the Secretary of
Defense under the authority of chapter 55 of title 10, United States
Code, principally section 1097 of such title, and includes the
competitive selection of contractors to financially underwrite the
delivery of health care services under the Civilian Health and Medical
Program of the Uniformed Services.
(3) Military treatment facility.--The term ``military treatment
facility'' means a facility referred to in section 1074(a) of title 10,
United States Code.
SEC. 3. ESTABLISHMENT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
Health and Human Services shall jointly establish a demonstration
project to provide the Department of Defense with reimbursement, in
accordance with section 4, from the medicare program under title XVII
of the Social Security Act (42 U.S.C. 1395 et seq.) for health services
provided to certain medicare-eligible covered military beneficiaries.
(b) Geographic Regions.--The demonstration project established
under this section shall be conducted in one or more geographic regions
in which the TRICARE program has been implemented.
(c) Duration.--The demonstration project established under this
section shall be conducted for a period not to exceed 2 years.
(d) Reporting.--
(1) In general.--
(A) First annual report.--Not later than 15 months
after the demonstration project under this section has
been established, the Secretary of Defense and the
Secretary of Health and Human Services shall jointly
submit to Congress a report including the information
described in paragraph (2).
(B) Final report.--Not later than 90 days after the
termination of the demonstration project, the Secretary
shall jointly submit to Congress a final report
including the information described in paragraph (2).
(2) Information described.--The information described in
this paragraph includes the following:
(A) The number of medicare-eligible covered
military beneficiaries opting to participate in the
demonstration project established under this section
instead of receiving health benefits through another
health insurance plan (including through the medicare
program).
(B) Whether, and in what manner, easier access to
the military treatment system affects the number of
medicare-eligible covered military beneficiaries
receiving health benefits under the medicare program.
(C) A list of the health insurance plans and
programs that were the primary payers for medicare-
eligible covered military beneficiaries during the year
prior to such beneficiary's participation in the
demonstration project and the distribution of
enrollment of such beneficiaries in such plans and
programs.
(D) The total number of medicare-eligible covered
military beneficiaries who participated in the project
during the preceding year and the number of such
beneficiaries who were entitled to benefits under part
A of title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.) and were not enrolled under part B of
such title.
(E) An identification of cost-shifting (if any)
among medical care programs as a result of the
demonstration project and a description of the nature
of any such cost-shifting.
(F) An analysis of how the demonstration project
affects the overall accessibility of the military
treatment system and the amount of space available for
point-of-service care and a description of the
unintended effects (if any) upon the normal treatment
priority system.
(G) A description of the difficulties (if any)
experienced by the Department of Defense in managing
the demonstration project.
(H) A description of the effects of the
demonstration project on military treatment facility
readiness and training and the probable effects of the
project on overall Department of Defense medical
readiness and training.
(I) A description of the effects that the
demonstration project, if permanent, would be expected
to have on the overall budget of the military health
care system and the budgets of individual military
treatment facilities.
(J) Whether the demonstration project affects the
cost to the Department of Defense of prescription drugs
or the accessibility, availability, and cost of such
drugs to program beneficiaries.
SEC. 4. REIMBURSEMENT AMOUNTS.
(a) Payment to Department of Defense.--The Secretary of Health and
Human Services shall make monthly payments to the Department of Defense
from the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund (allocated between each
Trust Fund in an amount to be determined by the Secretary of Health and
Human Services based on the relative weight that benefits from each
Trust Fund contribute to the amounts determined under this subsection)
in an amount equal to the sum of--
(1) the payments determined under subsection (b) with
respect to medicare-eligible covered military beneficiaries who
are enrolled in the TRICARE program; and
(2) the payments determined under subsection (c) with
respect to such beneficiaries who are not enrolled in the
TRICARE program.
(b) TRICARE Payments.--
(1) In general.--The amount of payment determined under
this subsection is an amount equal to \1/12\ of the amount
determined under paragraph (2) for each medicare-eligible
covered military beneficiary enrolled during the year in the
TRICARE program in a geographic region in which the
demonstration project is in operation, but only if such
beneficiary's enrollment is in excess of the minimum enrollment
number determined under subsection (d)(1)(A) for such
geographic region.
(2) Amount determined.--The amount determined under this
paragraph is an amount equal to--
(A) in the case of an individual entitled to
benefits under part A and enrolled under part B of
title XVIII of the Social Security Act, 93 percent of
the average adjusted per capita cost determined under
section 1876(a)(4) of the Social Security Act (42
U.S.C. 1395mm(a)(4)) for such year; or
(B) in the case of an individual entitled to
benefits under part A and not enrolled under part B of
such title, an amount equal to the amount determined
under subparagraph (A) attributable to services covered
by and expenses otherwise reimbursable under part A of
such title only.
(c) Treatment at a Military Treatment Facility.--The amount of
payment determined under this subsection is an amount equal to the sum
of the Secretary's estimates of the amounts determined for each health
service (using a DRG equivalent and fee schedule equivalent scale
developed by the Secretary of Health and Human Services) provided
during the month for which the payment is made under subsection (a) to
each medicare-eligible covered military beneficiary (other than a
beneficiary who is enrolled in the TRICARE program) in a military
treatment facility located in a geographic region in which the
demonstration project is in operation, but only if such level is in
excess of \1/12\ of the minimum level of health services described
under subsection (d)(1)(B) for such geographic region.
(d) Establishment of Base Level of Coverage.--
(1) In general.--Prior to the establishment of the
demonstration project under this Act and subject to paragraph
(2), the Secretary of Defense and the Secretary of Health and
Human Services shall jointly estimate, based on the best
available data--
(A) a minimum enrollment number of medicare-
eligible covered military beneficiaries who are
required to enroll in the TRICARE program during a year
in each geographic region in which the demonstration
project is in operation before the Department of
Defense may receive payment under subsection (a)(1);
and
(B) a minimum level of health services (using a DRG
equivalent and fee schedule equivalent scale developed
by the Secretary of Health and Human Services) provided
to medicare-eligible covered military beneficiaries
(other than beneficiaries enrolled in the TRICARE
program) during a year through a military treatment
facility in each geographic region in which the
demonstration project is in operation before the
Department of Defense may receive payment under
subsection (a)(2).
(2) Determination of baseline costs.--The Secretary of
Defense and the Secretary of Health and Human Services shall
establish the minimum enrollment number under paragraph (1)(A) and the
minimum level of health services under paragraph (1)(B) such that the
projected expenditures by the Department of Defense for such number of
medicare-eligible covered military beneficiaries and such level of
services provided to such beneficiaries by the Department of Defense is
equivalent to the projected expenditures that would have been made by
the Department for such beneficiaries if the demonstration project
under this Act had not been established.
(3) Upper reimbursement limits.--The Secretary of Defense
and the Secretary of Health and Human Services shall jointly
establish a maximum number of medicare-eligible covered
military beneficiaries and maximum level of health services for
which payment may be made by the Secretary of Health and Human
services under subsection (a).
(e) TRICARE Program Enrollment Fee Waiver.--The Secretary of
Defense shall waive the enrollment fee applicable to any individual
enrolled in the TRICARE program for whom reimbursement in the amount
determined under subsection (b)(2)(A) is received under subsection
(b)(1).
SEC. 5. MEDICARE SUBVENTION FUND.
(a) Establishment.--There is hereby established in the Treasury of
the United States a revolving fund known as the Medicare Subvention
Fund (hereafter in this section referred to as the ``Fund'').
(b) Use of Funds.--The Fund shall be available to the Secretary of
Defense, as so provided in appropriations Acts from funds otherwise
appropriated to the Department of Defense, and without fiscal year
limitation--
(1) to make payments to the Secretary of Health and Human
Services for deposit into the Federal Hospital Insurance Trust
Fund and the Federal Supplementary Medical Insurance Trust Fund
in order to reimburse such Funds for additional costs to such
Trust Funds resulting from the operation of the demonstration
project established under this Act;
(2) to provide for the participation of medicare-eligible
covered military beneficiaries in excess of the maximum
enrollment number and maximum level of health services
established under section 4(d)(1);
(3) to provide for payment of administrative expenses
associated with the demonstration project established under
this Act; and
(4) if amounts are available in the Fund after expenditures
are made under paragraphs (1) through (3), for any other lawful
purpose for which the Secretary of Defense may expend funds.
(c) No Funds Available.--The Secretary of Defense may, if
inadequate amounts are available in the Fund, limit the enrollment of
medicare-eligible covered military beneficiaries in the demonstration
project established under this Act.
(d) Authorization of Appropriations.--For each of fiscal years 1997
and 1998, there are authorized to be appropriated from funds otherwise
appropriated to the Department of Defense, for deposit in the Fund such
sums as may be necessary to carry out the purposes described in
paragraphs (1) through (3) of subsection (c). Any amounts appropriated
in accordance with this subsection shall not be taken into account in
establishing appropriations levels for the Department of Defense health
affairs budget. | Uniformed Services Medicare Subvention Demonstration Project Act - Directs the Secretaries of Defense and Health and Human Services (HHS) to jointly establish a demonstration project to provide the Department of Defense (DOD) with reimbursement, under provisions of title XVIII (Medicare) of the Social Security Act, for health services provided to Medicare-eligible covered military beneficiaries who participate in the project and receive such services through the managed care option of the TRICARE program (a DOD managed health care program). Requires the project to be conducted during the three-year period beginning on January 1, 1997, in two or more regions in which the TRICARE program has been implemented. Requires inclusion in the project of a provision for expansion to incorporate health care services provided to such beneficiaries under the fee-for-services options of the TRICARE program if the Secretaries determine that such expansion is feasible and advisable.
Requires the Secretaries to submit to the Congress an interim and final report on project participants and on the project's effects on military medical care access, readiness, and training.
Directs the HHS Secretary to make monthly payments to DOD from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund representing appropriate reimbursement amounts. Provides for the determination of such amounts.
Directs the Secretaries to: (1) establish minimum and maximum project enrollment levels; and (2) determine baseline costs of such care and coverage. Directs the Secretary of Defense to waive the enrollment fee for individuals enrolled in a TRICARE program participating in the project.
Requires the Comptroller General, for each project year, to submit to the Secretaries and the Congress a report on the extent to which costs under the TRICARE program and the Medicare program have increased as a result of the project. Directs the Secretaries to modify the project at the end of each year to correct for any discrepancy between cost targets and actual spending under the project. | Uniformed Services Medicare Subvention Demonstration Project Act |
OF COMPLAINT.
If, after a formal complaint is filed under section 10, the
employee and the head of the employing office resolve the issues
involved, the employee may withdraw the complaint or the parties may
enter into a written agreement, subject to the approval of the
executive director.
SEC. 14. PROHIBITION OF INTIMIDATION.
Any intimidation of, or reprisal against, any employee by any
Member of the House of Representatives, Senator, or officer or employee
of the House of Representatives or Senate, by the Architect of the
Capitol or anyone employed by the Architect of the Capitol, or by an
instrumentality of the legislative branch of the Federal Government
because of the exercise of a right under this Act constitutes an
unlawful employment practice, which may be remedied in the same manner
under this Act as is a violation of a law made applicable to the
legislative branch of the Federal Government under section 5.
SEC. 15. CONFIDENTIALITY.
(a) Counseling.--All counseling shall be strictly confidential
except that the Office and the employee may agree to notify the head of
the employing office of the allegations.
(b) Mediation.--All mediation shall be strictly confidential.
(c) Hearings.--Except as provided in subsections (d) and (e), the
hearings and deliberations of the hearing board shall be confidential.
(d) Release of Records for Judicial Action.--The records of hearing
boards may be made public if required for the purpose of judicial
action under section 9.
(e) Access by Committees of Congress.--At the discretion of the
executive director, the executive director may provide to the Committee
on Standards of Official Conduct of the House of Representatives and
the Select Committee on Ethics of the Senate access to the records of
the hearings and decisions of the hearing boards, including all written
and oral testimony in the possession of the hearing boards, concerning
a decision under section 10(g). The executive director shall not
provide such access until the executive director has consulted with the
individual filing the complaint at issue in the hearing, and until the
hearing board has issued the decision.
(f) Coordination.--The executive director shall coordinate the
proceedings with the Committee on Standards and Official Conduct of the
House of Representatives and the Select Committee on Ethics of the
Senate to ensure effectiveness, to avoid duplication, and to prevent
penalizing cooperation by respondents in the respective proceedings.
SEC. 16. POLITICAL AFFILIATION AND PLACE OF RESIDENCE.
(a) In General.--It shall not be a violation of a law made
applicable to the legislative branch of the Federal Government under
section 5 to consider the--
(1) party affiliation,
(2) domicile, or
(3) political compatibility with the employing office,
of a congressional employee with respect to employment decisions.
(b) Definition.--For purposes of subsection (a), the term
``employee'' means--
(1) an employee on the staff of the House of
Representatives or Senate leadership,
(2) an employee on the staff of a committee or
subcommittee,
(3) an employee on the staff of a Member of the House of
Representatives or Senate,
(4) an officer or employee of the House of Representatives
or Senate elected by the House of Representatives or Senate or
appointed by a Member of the House of Representatives or
Senate, other than those described in paragraphs (1) through
(3), or
(5) an applicant for a position that is to be occupied by
an individual described in paragraphs (1) through (4).
SEC. 17. OTHER REVIEW PROHIBITED.
No congressional employee may commence a judicial proceeding to
redress practices prohibited under section 5, except as provided in
this Act.
SEC. 18. STUDY.
(a) Study.--The Office shall conduct a study--
(1) of the ways that access by the public to information
held by the Congress may be improved, streamlined, and made
consistent between the House of Representatives and the Senate
and of the application of section 552 of title 5, United States
Code to the legislative branch of the Federal Government; and
(2) of the application of the requirement of section 552a
of title 5, United States Code, to the legislative branch of
the Federal Government.
(b) Study Content.--The study conducted under subsection (a) shall
examine--
(1) information that is currently made available under such
section 552 by Federal agencies and not by the legislative
branch of the Federal Government;
(2) information held by the non-legislative offices of the
legislative branch of the Federal Government, including--
(A) the instrumentalities,
(B) the Architect of the Capitol,
(C) the Director of Non-Legislative and Financial
Services of the House of Representatives,
(D) the Clerk of the House of Representatives,
(E) the Secretary of the Senate,
(F) the Inspector General of the House of
Representatives,
(G) the Sergeant at Arms of the House of
Representatives,
(H) the Doorkeeper of the House of Representatives,
(I) the United States Capitol Police, and
(J) the House Commission on Congressional Mailing
Standards;
(3) financial expenditure information of the legislative
branch of the Federal Government; and
(4) provisions for judicial review of denial of access to
information held by the legislative branch of the Federal
Government.
(c) Time.--The Office shall conduct the study prescribed by
subsection (a) and report the results of the study to the Congress not
later than one year after the date of the initial appointment of the
Board of Directors.
HR 4892 IH----2
HR 4892 IH----3
HR 4892 IH----4 | Congressional Accountability Act - Applies, by a specified conditional date, provisions of the following laws to the legislative branch: (1) the Fair Labor Standards Act of 1938; (2) Title VII of the Civil Rights Act of 1964; (3) the Americans With Disabilities Act of 1990; (4) the Age Discrimination in Employment Act of 1967; (5) Titles I and V of the Family and Medical Leave Act of 1993; (6) the Occupational Safety and Health Act of 1970; (7) provisions relating to Federal labor management relations; (8) the Employee Polygraph Protection Act of 1988; (9) the Worker Adjustment and Retraining Notification Act; and (10) the Rehabilitation Act of 1973. Requires that an action to abate a violation of OSHA for which a citation is received take place as soon as possible, but no later than the fiscal year after the citation is issued.
(Sec. 4) Establishes in the legislative branch an Office of Compliance to study and report to the Congress on: (1) the application of such laws to the legislative branch; (2) an examination of the procedures used by the instrumentalities to enforce the application of such laws; and (3) a determination as to whether to direct an instrumentality to make improvements in its regulations and procedures so as to assure that they are as effective as those specified in this Act. Authorizes the Office's Board of Directors to direct an instrumentality that has no such procedures to adopt the requisite procedures. Requires the Board to issue regulations governing such applicability which shall be subject to congressional approval.
Makes applicable to the legislative branch any provision of Federal law to the extent that it relates to the terms and conditions of employment (including protection from discrimination in personnel actions health and safety of employees, and family and medical leave).
(Sec. 5) Directs the Office, on an ongoing basis, to: (1) determine which of such laws should apply to the legislative branch; (2) study the application to the legislative branch of laws enacted after enactment of this Act; and (3) issue regulations to apply such laws to the legislative branch subject to congressional approval.
Sets forth House and Senate procedures for bills to implement such regulations.
(Sec. 6) Requires the Office to: (1) carry out an education program for Members of Congress and other employing authorities of the legislative branch respecting the laws made applicable to them a program to inform individuals of their rights under such laws and this Act; (3) publish statistics on the use of the Office by congressional employees; and (4) develop a system for the collection of demographic data on the composition of the congressional employees.
(Sec. 7) Sets forth procedures for consideration of alleged violations of the laws made applicable to the legislative branch consisting of the following steps: (1) counseling through the Office; (2) mediation with office; (3) formal complaint and hearing by a board; (4) judicial review if a congressional employee is aggrieved by a dismissal, final decision, or an order by the hearing board or if a head of an employing office is aggrieved by a final decision or would be subject to an order issued by such board; and (5) as an alternative to steps 3 and 4, a civil action in a U.S. district court.
(Sec. 14) Declares that any intimidation of, or reprisal against, any employee because of the exercise of a right under this Act constitutes an unlawful employment practice that may be remedied in the same manner under this Act as is a violation of law made applicable to the legislative branch.
(Sec. 15) Requires all counseling, mediation, and hearings and deliberations of a hearing board to be confidential. Permits the records of hearing boards to be made public if required for judicial review. Authorizes the House Committee on Standards of Official Conduct and the Senate Select Committee on Ethics to have access to the hearing and decisions of the hearing board only after the board has made a decision with respect to the matter.
(Sec. 17) Limits a congressional employee to the judicial proceeding provided by this Act to redress prohibited practices.
(Sec. 18) Requires the Office to study and report to the Congress on: (1) the ways that public access to information held by the Congress may be improved, streamlined, and made consistent between the House and the Senate; and (2) the application of the Freedom of Information Act and the Right of Privacy Act to the legislative branch. | Congressional Accountability Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Hope Act of 2003''.
SEC. 2. TAX CREDIT FOR CONTRIBUTIONS TO EDUCATION INVESTMENT
ORGANIZATIONS.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to other credits) is
amended by inserting after section 30A the following new section:
``SEC. 30B. CONTRIBUTIONS TO EDUCATION INVESTMENT ORGANIZATIONS.
``(a) In General.--There shall be allowed as a credit against the
tax imposed by this chapter for the taxable year the aggregate amount
of qualified contributions for the taxable year.
``(b) Limitation.--The amount allowed as a credit under subsection
(a) for a taxable year shall not exceed $100 ($200 in the case of a
joint return).
``(c) Qualified Contributions.--For purposes of this section--
``(1) In general.--The term `qualified contribution' means
a charitable contribution (as defined by section 170(c)) to an
education investment organization.
``(2) Education investment organization.--The term
`education investment organization' means any organization
described in section 170(c)(2) if the annual disbursements of
the organization in the form of grants to students who are
eligible for free or reduced-cost lunches under the school
lunch program established under the Richard B. Russell National
School Lunch Act for qualified elementary and secondary
education expenses are normally not less than 90 percent of the
sum of such organization's annual cash contributions.
``(3) Qualified elementary and secondary education
expenses.--The term `qualified elementary and secondary
education expenses' has the meaning given such term by section
530(b)(4), except that `child' shall be substituted for
`beneficiary' and `a child' shall be substituted for `the
designated beneficiary of the trust' in clauses (i) and (iii)
of subparagraph (A).
``(4) State credit must be taken first.--
``(A) No credit shall be allowed to a taxpayer
under this section for a taxable year unless, for the
taxable year, the taxpayer is allowed on the taxpayer's
State tax return the minimum State qualified
scholarship tax credit (as defined in section 3 of the
Children's Hope Act of 2003).
``(B) No credit shall be allowed to a taxpayer
under this section for such taxable year for any
contributions that were taken into account for purposes
of such State qualified scholarship tax credit.
``(d) Special Rules.--
``(1) Denial of double benefit.--No deduction shall be
allowed under any provision of this chapter for any expense for
which a credit is allowed under this section.
``(2) Time when contributions deemed made.--For purposes of
this section, a taxpayer shall be deemed to have made a
contribution to an education investment organization on the
last day of the preceding taxable year if the contribution is
made on account of such taxable year and is made not later than
the time prescribed by law for filing the return for such
taxable year (not including extensions thereof).''.
(b) Clerical Amendment.--The table of sections for such subpart B
is amended by inserting after the item relating to section 30A the
following new item:
``Sec. 30B. Contributions to education
investment organizations.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004.
SEC. 3. FEDERAL SCHOLARSHIP TAX CREDIT CONDITIONED ON STATE QUALIFIED
SCHOLARSHIP TAX CREDIT.
(a) In General.--For purposes of section 30B(e) of the Internal
Revenue Code of 1986 (as added by section 2 of this Act) a scholarship
tax credit shall not be treated as a State qualified scholarship tax
credit unless the requirements of subsection (b) are met.
(b) Requirements Relating to State Qualified Scholarship Tax
Credit.--
(1) In general.--For purposes of subsection (a), the
requirements of this subsection are met only if--
(A) the tax credit is for an amount of not less
than $250 per taxpayer and is allowed against the State
income tax (property tax for those States that don't
have income tax) for the amount of voluntary cash
contributions made by the taxpayer during the taxable
year to a school tuition organization described in
paragraph (2),
(B) the excess of such credit over tax liability
may be carried forward for not more than five years,
(C) if the taxpayer does not require, as a
condition of the contribution, that the contribution
must benefit a specific child, and
(D) such credit is not allowable for direct
donations to private schools.
(2) School tuition organization.--For purposes of paragraph
(1), a school tuition organization is described in this
paragraph if such organization--
(A) is an organization operating in the State and
is described in section 501(c)(3), and is exempt from
tax under section 501(a), of the Internal Revenue Code
of 1986,
(B) expends at least 90 percent of its annual cash
contributions for educational scholarships or tuition
grants to children to allow them to attend any
qualified school chosen at the sole discretion of their
parents, and
(C) disburses at least 90 percent of its annual
cash contributions within one year of their receipt.
(3) Qualified school.--For purposes of paragraph (2), the
term ``qualified school'' means any elementary school or
secondary school that is located in the State in which the
taxpayer resides and does not discriminate on the basis of
race, color, handicap, familial status, or national origin and
that satisfies the requirements prescribed by State law for
such schools as of December 31, 2004.
(4) Educational scholarships or tuition grants.--The term
``educational scholarship or a tuition grant'' means any
scholarship or grant awarded for qualified elementary and
secondary education expenses (as defined in section 530(b)(4)
of the Internal Revenue Code of 1986).
(c) State.--For purposes of this section, the term ``State'' means
any of the several States. | Children's Hope Act of 2003 - Amends the Internal Revenue Code to provide for a credit ($100, $200 for joint return) which is dependent on enactment of State qualified scholarship tax credits and which is allowed against the Federal income tax for charitable contributions to education investment organizations (as defined by this Act) that provide qualifying assistance for elementary and secondary education. | To amend the Internal Revenue Code of 1986 to provide for a credit which is dependent on enactment of State qualified scholarship tax credits and which is allowed against the Federal income tax for charitable contributions to education investment organizations that provide assistance for elementary and secondary education. |