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200 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unborn Victims of Violence Act of
1999''.
SEC. 2. PROTECTION OF UNBORN CHILDREN.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 90 the following:
``CHAPTER 90A--PROTECTION OF UNBORN CHILDREN
``Sec.
``1841. Causing death of or bodily injury to unborn child.
``Sec. 1841. Causing death of or bodily injury to unborn child
``(a)(1) Any person who engages in conduct that violates any of the
provisions of law listed in subsection (b) and thereby causes the death
of, or bodily injury (as defined in section 1365 of this title) to, a
child, who is in utero at the time the conduct takes place, is guilty
of a separate offense under this section.
``(2)(A) Except as otherwise provided in this paragraph, the
punishment for that separate offense is the same as the punishment
provided for that conduct under Federal law had that injury or death
occurred to the unborn child's mother.
``(B) An offense under this section does not require proof that--
``(i) the person engaging in the conduct had knowledge or
should have had knowledge that the victim of the underlying
offense was pregnant; or
``(ii) the defendant intended to cause the death of, or
bodily injury to, the unborn child.
``(C) If the person engaging in the conduct thereby intentionally
kills or attempts to kill the unborn child, that person shall be
punished as provided under section 1111, 1112, or 1113 of this title,
as applicable, for intentionally killing or attempting to kill a human
being, instead of the penalties that would otherwise apply under
subparagraph (A).
``(D) Notwithstanding any other provision of law, the death penalty
shall not be imposed for an offense under this section.
``(b) The provisions referred to in subsection (a) are the
following:
``(1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229,
242, 245, 247, 248, 351, 831, 844(d), 844(f), 844(h)(1),
844(i), 924(j), 930, 1111, 1112, 1113, 1114, 1116, 1118, 1119,
1120, 1121, 1153(a), 1201(a), 1203, 1365(a), 1501, 1503, 1505,
1512, 1513, 1751, 1864, 1951, 1952(a)(1)(B), 1952(a)(2)(B),
1952(a)(3)(B), 1958, 1959, 1992, 2113, 2114, 2116, 2118, 2119,
2191, 2231, 2241(a), 2245, 2261, 2261A, 2280, 2281, 2332,
2332a, 2332b, 2340A, and 2441 of this title.
``(2) Section 408(e) of the Controlled Substances Act of
1970 (21 U.S.C. 848(e)).
``(3) Section 202 of the Atomic Energy Act of 1954 (42
U.S.C. 2283).
``(c) Subsection (a) does not permit prosecution--
``(1) for conduct relating to an abortion for which the
consent of the pregnant woman has been obtained or for which
such consent is implied by law in a medical emergency;
``(2) for conduct relating to any medical treatment of the
pregnant woman or her unborn child; or
``(3) of any woman with respect to her unborn child.
``(d) In this section--
``(1) the terms `child in utero' and `child, who is in
utero' mean a member of the species homo sapiens, at any stage
of development, who is carried in the womb; and
``(2) the term `unborn child' means a child in utero.''.
(b) Clerical Amendment.--The table of chapters for part I of title
18, United States Code, is amended by inserting after the item relating
to chapter 90 the following:
``90A. Causing death of or bodily injury to unborn child.... 1841''.
SEC. 3. MILITARY JUSTICE SYSTEM.
(a) Protection of Unborn Children.--Subchapter X of chapter 47 of
title 10, United States Code (the Uniform Code of Military Justice), is
amended by inserting after section 919 (article 119) the following:
``Sec. 919a. Art. 119a. Causing death of or bodily injury to unborn
child
``(a)(1) Any person subject to this chapter who engages in conduct
that violates any of the provisions of law listed in subsection (b) and
thereby causes the death of, or bodily injury (as defined in section
1365 of title 18) to, a child, who is in utero at the time the conduct
takes place, is guilty of a separate offense under this section.
``(2)(A) Except as otherwise provided in this paragraph, the
punishment for that separate offense is the same as the punishment for
that conduct under this chapter had that injury or death occurred to
the unborn child's mother.
``(B) An offense under this section does not require proof that--
``(i) the person engaging in the conduct had knowledge or
should have had knowledge that the victim of the underlying
offense was pregnant; or
``(ii) the defendant intended to cause the death of, or
bodily injury to, the unborn child.
``(C) If the person engaging in the conduct thereby intentionally
kills or attempts to kill the unborn child, that person shall be
punished as provided under section 918, 919, or 880 of this title
(article 118, 119, or 80), as applicable, for intentionally killing or
attempting to kill a human being, instead of the penalties that would
otherwise apply under subparagraph (A).
``(D) Notwithstanding any other provision of law, the death penalty
shall not be imposed for an offense under this section.
``(b) The provisions referred to in subsection (a) are sections
918, 919(a), 919(b)(2), 920(a), 922, 924, 926, and 928 of this title
(articles 111, 118, 119(a), 119(b)(2), 120(a), 122, 124, 126, and 128).
``(c) Subsection (a) does not permit prosecution--
``(1) for conduct relating to an abortion for which the
consent of the pregnant woman has been obtained or for which
such consent is implied by law in a medical emergency;
``(2) for conduct relating to any medical treatment of the
pregnant woman or her unborn child; or
``(3) of any woman with respect to her unborn child.
``(d) In this section--
``(1) the terms `child in utero' and `child, who is in
utero' mean a member of the species homo sapiens, at any stage
of development, who is carried in the womb; and
``(2) the term `unborn child' means a child in utero.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 919 the following:
``919a. 119a. Causing death of or bodily injury to unborn child.''. | Specifies that a violation of such provisions does not require proof that: (1) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or (2) the defendant intended to cause the death of, or bodily injury to, the unborn child. Directs that if the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall be punished as provided under the Federal criminal code for intentionally killing or attempting to kill a human being.
Bars prosecution under this Act: (1) for conduct relating to an abortion for which the consent of the pregnant woman has been obtained or for which such consent is implied by law in a medical emergency; (2) for conduct relating to any medical treatment of the pregnant woman or her unborn child; or (3) of any woman with respect to her unborn child. | Unborn Victims of Violence Act of 1999 |
201 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Broadcast Ownership for the 21st
Century Act''.
SEC. 2. CROSS-OWNERSHIP LIMITATIONS.
(a) Rule Changes Required.--The Federal Communications Commission
shall modify section 73.3555 of its regulations (47 C.F.R. 73.3555) by
eliminating any provisions limiting the granting or renewal of an AM,
FM, or TV broadcast station license to any party (including parties
under common control) on the basis of the ownership, operation, or
control by such party of a daily newspaper.
(b) Cable Cross-Ownership Limitations.--Section 613(c) of the
Communications Act of 1934 (47 U.S.C. 533(c)) is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following new paragraph:
``(2) Notwithstanding paragraph (1), the Commission may not
prohibit or limit a person or entity from holding any form of ownership
or other interest in a broadcasting station and a cable system serving
the same community.''.
(c) Dual-Network Rules.--The Federal Communications Commission
shall revise section 73.658(g) of its regulations (47 C.F.R. 73.658(g))
to permit a television broadcast station to affiliate with--
(1) a person or entity that maintains two or more networks
of television broadcast stations unless such dual or multiple
networks are composed of two or more persons or entities that,
on February 8, 1996, offered an interconnected program service
on a regular basis for 15 hours or more per week to at least 25
affiliated television licensees in 10 or more States; or
(2) any person or entity controlling, controlled by, or
under common control with such a person or entity described in
paragraph (1).
(d) Deadline for Actions.--The Federal Communications Commission
shall complete all actions necessary to complete the modifications
required by this section within 90 days after the date of enactment of
this Act.
SEC. 3. TELEVISION MULTIPLE OWNERSHIP.
Section 310 of the Communications Act of 1934 (47 U.S.C. 310) is
amended by adding at the end the following new subsection:
``(f) National Audience Reach Calculation.--In calculating the
national audience reach limitations for television stations under the
Commission's regulations, UHF television stations shall be attributed
with no more than 50 percent of the television households in their
market.''.
SEC. 4. LIMITATION ON FEDERAL COMMUNICATIONS COMMISSION AUTHORITY.
(a) Amendment.--Section 202(c)(1)(B) of the Telecommunications Act
of 1996 is amended by striking ``35 percent'' and inserting ``45
percent''.
(b) Deadline for Implementation.--The Federal Communications
Commission shall amend its regulations to implement the amendment made
by subsection (a) within 90 days after the date of enactment of this
Act. In amending such regulations, the Commission shall not revise
section 73.3555(e)(2)(i) of its regulations (47 C.F.R.
73.3555(e)(2)(i)).
SEC. 5. RECIPROCAL TREATMENT OF FOREIGN OWNERSHIP RESTRICTIONS.
Subsection (b) of section 310 of the Communications Act of 1934 (47
U.S.C. 310(b)) is amended to read as follows:
``(b) Foreign Ownership Limitations.--
``(1) In general.--No broadcast or common carrier or
aeronautical en route or aeronautical fixed radio station
license shall be granted to or held by--
``(A) any alien or the representative of any alien;
``(B) any corporation organized under the laws of
any foreign country;
``(C) any corporation of which more than one-fifth
of any class of the capital stock is owned of record or
voted by aliens or their representatives or by a
foreign government or representative thereof or by any
corporation organized under the laws of a foreign
country;
``(D) any corporation directly or indirectly
controlled by any other corporation of which more than
one-fourth of any class of the capital stock is owned
of record or voted by aliens, their representatives, or
by a foreign government or representative thereof, or
by any corporation organized under the laws of a
foreign country, if the Commission finds that the
public interest will be served by the refusal or
revocation of such license.
``(2) Reciprocal treatment for broadcast stations.--In the
case of a broadcast station license, if the foreign country or
foreign government referred to in subparagraph (C) or (D) of
paragraph of (1) regularly permits broadcast station licenses
to be granted to or held by--
``(A) any corporation of which more than one-fifth
of the capital stock is owned of record or voted by one
or more United States persons;
``(B) any corporation directly or indirectly
controlled by any other corporation of which more than
one-fourth of the capital stock is owned of record or
voted by one or more United States persons;
then the Commission shall apply such subparagraphs (C) and (D)
by permitting an alien, corporation, government, or
representative from such foreign country to own a portion of
the class of the capital stock of the corporation seeking or
holding the broadcast station license equal to the portion of
the corresponding class of the capital stock of a corporation
holding a broadcast station license in such foreign country
that are permitted by such foreign country or foreign
government to be held by an individual citizen, corporation,
government, or representative from the United States, except
that the Commission shall not be required by this paragraph to
permit a portion of such capital stock ownership representing
voting stock higher than 40 percent.
``(3) Definition of united states persons.--For purposes of
paragraph (2), the term `United States person' means--
``(A) any corporation organized under the laws of a
State;
``(B) an individual who is a citizen of the United
States;
``(C) a government of the United States or any
State; or
``(D) a representative of any of the individuals or
entities described in subparagraphs (A) through (C) of
this paragraph.''. | Provides that, in calculating the national audience reach limitations, UHF stations shall be attributed with no more than 50 percent of the TV households in their market.
Amends the Telecommunications Act of 1996 to direct the FCC to modify its rules for multiple ownership of TV broadcast stations to increase to 45 (currently 35) percent the national audience reach limitations for TV stations owned by the same entity or person.
Revises provisions prohibiting the granting of radio station licenses to aliens or foreign entities to allow the granting of such a license to the same manner and extent to which such alien's or entity's country allows the granting of such a license to a U.S. person or entity. | Broadcast Ownership for the 21st Century Act |
202 | of Disapproval.--
``(1) In general.--Except as provided in subsection (b)(2),
the debt limit shall not be increased under this section if,
within 15 calendar days after Congress receives the
certification described in subsection (a)(1) (regardless of
whether Congress is in session), there is enacted into law a
joint resolution disapproving the President's exercise of
authority with respect to such increase.
``(2) Contents of joint resolution.--For the purpose of
this section, the term `joint resolution' means only a joint
resolution--
``(A) that is introduced between the date a
certification described in subsection (a)(1) is
received and 3 calendar days after that date;
``(B) which does not have a preamble;
``(C) the title of which is only as follows: `Joint
resolution relating to the disapproval of the
President's exercise of authority to increase the debt
limit, as submitted under section 3101B of title 31,
United States Code, on ______.' (with the blank
containing the date of such submission); and
``(D) the matter after the resolving clause of
which is only as follows: `That Congress disapproves of
the President's exercise of authority to increase the
debt limit, as exercised pursuant to the certification
submitted under section 3101B(a) of title 31, United
States Code, on ______.' (with the blank containing the
date of such submission).
``(d) Expedited Consideration in House of Representatives.--
``(1) Reconvening.--Upon receipt of a certification
described in subsection (a)(1), the Speaker, if the House would
otherwise be adjourned, shall notify the Members of the House
that, pursuant to this section, the House shall convene not
later than the second calendar day after receipt of such
certification.
``(2) Reporting and discharge.--Any committee of the House
of Representatives to which a joint resolution is referred
shall report it to the House without amendment not later than 5
calendar days after the date of introduction of the joint
resolution. If a committee fails to report the joint resolution
within that period, the committee shall be discharged from
further consideration of the joint resolution and the joint
resolution shall be referred to the appropriate calendar.
``(3) Proceeding to consideration.--After each committee
authorized to consider a joint resolution reports it to the
House or has been discharged from its consideration, it shall
be in order, not later than the sixth day after introduction of
the joint resolution, to move to proceed to consider the joint
resolution in the House. All points of order against the motion
are waived. Such a motion shall not be in order after the House
has disposed of a motion to proceed on a joint resolution
addressing a particular submission. The previous question shall
be considered as ordered on the motion to its adoption without
intervening motion. The motion shall not be debatable. A motion
to reconsider the vote by which the motion is disposed of shall
not be in order.
``(4) Consideration.--The joint resolution shall be
considered as read. All points of order against the joint
resolution and against its consideration are waived. The
previous question shall be considered as ordered on the joint
resolution to its passage without intervening motion except 2
hours of debate equally divided and controlled by the proponent
and an opponent. An amendment to the joint resolution or a
motion to reconsider the vote on passage of the joint
resolution shall not be in order.
``(e) Expedited Procedure in Senate.--
``(1) Reconvening.--Upon receipt of a certification under
subsection (a)(1), if the Senate has adjourned or recessed for
more than 2 days, the majority leader of the Senate, after
consultation with the minority leader of the Senate, shall
notify the Members of the Senate that, pursuant to this
section, the Senate shall convene not later than the second
calendar day after receipt of such message.
``(2) Placement on calendar.--Upon introduction in the
Senate, a joint resolution shall be immediately placed on the
calendar.
``(3) Floor consideration.--
``(A) In general.--Notwithstanding rule XXII of the
Standing Rules of the Senate, it is in order at any
time during the period beginning on the day after the
date on which Congress receives a certification under
subsection (a)(1) and ending on the sixth day after the
date of introduction of a joint resolution (even though
a previous motion to the same effect has been disagreed
to) to move to proceed to the consideration of the
joint resolution, and all points of order against the
joint resolution (and against consideration of the
joint resolution) are waived. The motion to proceed is
not debatable. The motion is not subject to a motion to
postpone. A motion to reconsider the vote by which the
motion is agreed to or disagreed to shall not be in
order. If a motion to proceed to the consideration of
the resolution is agreed to, the joint resolution shall
remain the unfinished business until disposed of.
``(B) Consideration.--Consideration of the joint
resolution, and on all debatable motions and appeals in
connection therewith, shall be limited to not more than
10 hours, which shall be divided equally between the
majority and minority leaders or their designees. A
motion further to limit debate is in order and not
debatable. An amendment to, or a motion to postpone, or
a motion to proceed to the consideration of other
business, or a motion to recommit the joint resolution
is not in order.
``(C) Vote on passage.--If the Senate has voted to
proceed to a joint resolution, the vote on passage of
the joint resolution shall occur immediately following
the conclusion of consideration of the joint
resolution, and a single quorum call at the conclusion
of the debate if requested in accordance with the rules
of the Senate.
``(D) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate, as the case may
be, to the procedure relating to a joint resolution
shall be decided without debate.
``(f) Amendment Not in Order.--A joint resolution of disapproval
considered pursuant to this section shall not be subject to amendment
in either the House of Representatives or the Senate.
``(g) Coordination With Action by Other House.--
``(1) In general.--If, before passing the joint resolution,
one House receives from the other a joint resolution--
``(A) the joint resolution of the other House shall
not be referred to a committee; and
``(B) the procedure in the receiving House shall be
the same as if no joint resolution had been received
from the other House, except that the vote on final
passage shall be on the joint resolution of the other
House.
``(2) Treatment of joint resolution of other house.--If the
Senate fails to introduce or consider a joint resolution under
this section, the joint resolution of the House shall be
entitled to expedited floor procedures under this section.
``(3) Treatment of companion measures.--If, following
passage of the joint resolution in the Senate, the Senate
receives the companion measure from the House of
Representatives, the companion measure shall not be debatable.
``(4) Consideration after passage.--
``(A) In general.--If Congress passes a joint
resolution, the period beginning on the date the
President is presented with the joint resolution and
ending on the date the President signs, allows to
become law without his signature, or vetoes and returns
the joint resolution (but excluding days when either
House is not in session) shall be disregarded in
computing the calendar day period described in
subsection (b)(1) or subsection (c)(1).
``(B) Debate.--Debate on a veto message in the
Senate under this section shall be 1 hour equally
divided between the majority and minority leaders or
their designees.
``(5) Veto override.--If within the calendar day period
described in subsection (c)(1), Congress overrides a veto of a
joint resolution, except as provided in subsection (b)(2), the
limit on debt provided in section 3101(b) shall not be raised
under this section.
``(h) Rules of House of Representatives and Senate.--This
subsection and subsections (c), (d), (e), (f), and (g) are enacted by
Congress--
``(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a joint resolution, and it supersedes
other rules only to the extent that it is inconsistent with
such rules; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.''.
(b) Conforming Amendment.--The table of sections for chapter 31 of
title 31, United States Code, is amended by inserting after the item
relating to section 3101A the following:
``3101B. Additional Presidential modification of the debt ceiling.''. | Pay Our Bills Act This bill permits the President to increase the statutory debt limit unless two-thirds of Congress votes to disapprove the increase. If the President certifies to Congress that the debt is within $100 billion of the limit and a specified amount of further borrowing is necessary to meet existing commitments, the Department of the Treasury may borrow the specified amount unless a joint resolution of disapproval is enacted within 15 days after Congress receives the certification. The debt limit is suspended from the date the President submits the certification to Congress until the earlier of: (1) 15 days after Congress receives the certification, or (2) enactment of a joint resolution of disapproval. After the suspension period ends, the limit is increased to accommodate obligations issued during the suspension period. Congress must consider a joint resolution of disapproval using expedited legislative procedures specified in the bill. If the resolution is approved by Congress, the President may veto the resolution. If Congress votes to override the veto with a two-thirds vote of each chamber, the debt limit may not be increased, except as required during the suspension period. | Pay Our Bills Act |
203 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fiscal Accountability and
Intergovernmental Reform Act'' (``FAIR Act'').
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds and declares:
(1) Federal legislation and regulatory requirements impose
burdens on State and local resources to implement federally
mandated programs without fully evaluating the costs to State
and local governments associated with compliance with those
requirements and often times without provision of adequate
Federal financial assistance. These Federal legislative and
regulatory initiatives--
(A) force State and local governments to utilize
scarce public resources to comply with Federal
mandates;
(B) prevent these resources from being available to
meet local needs; and
(C) detract from the ability of State and local
governments to establish local priorities for use of
local public resources.
(2) Federal legislation and regulatory programs result in
inefficient utilization of economic resources, thereby reducing
the pool of resources available--
(A) to enhance productivity, and increase the
quantity and quality of goods and services produced by
the American economy; and
(B) to enhance international competitiveness.
(3) In implementing Congressional policy, Federal agencies
should, consistent with the requirements of Federal law, seek
to implement statutory requirements, to the maximum extent
feasible, in a manner which minimizes--
(A) the inefficient allocation of economic
resources;
(B) the burden such requirements impose on use of
local public resources by State and local governments;
and
(C) the adverse economic effects of such
regulations on productivity, economic growth, full
employment, creation of productive jobs, and
international competitiveness of American goods and
services.
(b) Purposes.--The purposes of this Act are:
(1) To assist Congress in consideration of proposed
legislation establishing or revising Federal programs so as to
assure that, to the maximum extent practicable, legislation
enacted by Congress will--
(A) minimize the burden of such legislation on
expenditure of scarce local public resources by State
and local governments;
(B) minimize inefficient allocation of economic
resources; and
(C) reduce the adverse effect of such legislation--
(i) on the ability of State and local
governmental entities to use local public
resources to meet local needs and to establish
local priorities for local public resources;
and
(ii) on allocation of economic resources,
productivity, economic growth, full employment,
creation of productive jobs, and international
competitiveness.
(2) To require Federal agencies to exercise discretionary
authority and to implement statutory requirements in a manner
which consistent with fulfillment of each agency's mission and
with the requirements of other laws, minimizes the impact
regulations and other major Federal actions affecting the
economy have on--
(A) the ability of State and local governmental
entities to use local public resources to meet local
needs; and
(B) the allocation of economic resources,
productivity, economic growth, full employment,
creation of productive jobs, and international
competitiveness of American goods and services.
TITLE I--LEGISLATIVE REFORM
SEC. 101. REPORTS ON LEGISLATION.
(a) Report Required.--(1) Except as provided in paragraph (2),
whenever a committee of either House reports a bill or resolution of a
public character to its House which mandates unfunded requirements upon
State or local governments or the private sector, the report
accompanying that bill or resolution shall contain an analysis,
prepared after consultation with the Director of the Congressional
Budget Office, detailing the effect of the new requirements on--
(A) State and local government expenditures necessary to
comply with Federal mandates;
(B) private businesses, including the economic resources
required annually to comply with the legislation and
implementing regulations; and
(C) economic growth and competitiveness.
(2) Exception.--The requirements of paragraph (1) shall not apply
to any bill or resolution with respect to which the Director of the
Congressional Budget Office certifies in writing to the Chairman of the
Committee reporting the legislation that the estimated costs to State
and local governments and the private sector of implementation of such
legislation during the first three years will not exceed $50,000,000 in
the aggregate and during the first five years will not exceed
$100,000,000 in the aggregate. For this purpose, a year shall be a
period of three hundred and sixty five consecutive days.
(b) Duties and Functions of Congressional Budget Office.--The
Director of the Congressional Budget Office shall prepare for each bill
or resolution of a public character reported by any committee of the
House of Representatives or of the Senate, an economic analysis of the
effects of such bill or resolution, satisfying the requirements of
subsection (a). The analysis prepared by the Director of the
Congressional Budget Office shall be included in the report
accompanying such bill or resolution if timely submitted to such
committee before such report is filed.
(c) Legislation Subject To Point of Order.--Any bill or resolution
shall be subject to a point of order against consideration of the bill
by the House of Representatives or the Senate (as the case may be) if
such bill or resolution is reported for consideration by the House of
Representatives or the Senate unaccompanied by the analysis required by
this section.
SEC. 102. EXERCISE OF RULEMAKING POWERS.
The provisions of this title are enacted by the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such they
shall be considered as part of the rules of each House,
respectively, and such rules shall supersede other rules only
to the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to such
House) at any time, in the same manner, and to the same extent
as in the case of any other rule of such House.
SEC. 103. EFFECTIVE DATE.
This title shall apply to any bill or resolution ordered reported
by any committee of the House of Representatives or of the Senate after
the date of enactment of this Act.
TITLE II--FEDERAL INTERGOVERNMENTAL RELATIONS
SEC. 201. GENERAL REQUIREMENTS.
The Congress authorizes and directs that, to the fullest extent
practicable:
(1) the policies, regulations, and public laws of the
United States shall be interpreted and administered in
accordance with the purposes of this Act;
(2) all agencies of the Federal Government shall,
consistent with attainment of the requirements of Federal law,
minimize--
(A) the burden which rules and other major Federal
actions affecting the economy impose on State and local
governments,
(B) the effect of rules and other major Federal
actions affecting the economy on allocation of private
economic resources, and
(C) the adverse effects of rules and other major
Federal actions affecting the economy on productivity,
economic growth, full employment, creation of
productive, and international competitiveness of
American goods and services; and
(3) in promulgating new rules, reviewing existing rules,
developing legislative proposals, or initiating any other major
Federal action affecting the economy, whenever an agency
identifies two or more alternatives which will satisfy the
agency's statutory obligations, the agency shall--
(A) select the alternative which, on balance--
(i) imposes the least burden on expenditure
of local public resources by State and local
governments, and
(ii) has the least adverse effect on
productivity, economic growth, full employment,
creation of productive jobs, and international
competitiveness of American goods or services;
or
(B) provide a written statement--
(i) that the agency's failure to select
such alternative is precluded by the
requirements of Federal law; or
(ii) that the agency's failure to select
such alternative is consistent with the
purposes of this Act.
SEC. 202. INTERGOVERNMENTAL AND ECONOMIC IMPACT ASSESSMENT.
(a) Requirement.--Whenever an agency publishes a general notice of
proposed rulemaking for any proposed rule, and before initiating any
other major Federal action affecting the economy, the agency shall
prepare and make available for public comment an Intergovernmental and
Economic Impact Assessment. Such Assessment shall be published in the
Federal Register at the time of the publication of general notice of
proposed rulemaking for the rule or prior to implementing such other
major agency action affecting the economy.
(b) Content.--Each Intergovernmental and Economic Impact Assessment
required under this section shall contain--
(1) a description of the reasons why action by the agency
is being considered;
(2) a succinct statement of the objective of, and legal
basis for, the proposed rule or other action; and
(3) a description and an estimate of the effect the
proposed rule or other major Federal action will have on--
(A) expenditure of State or local public resources
by State and local governments,
(B) allocation of economic resources, and
(C) productivity, economic growth, full employment,
creation of productive jobs, and international
competitiveness of American goods and services.
(c) Alternatives Considered.--Each Intergovernmental and Economic
Impact Assessment shall also contain a detailed description of any
significant alternatives to the proposed rule or other major Federal
action which would accomplish applicable statutory objectives while
reducing--
(1) the need for expenditure of State or local public
resources by State and local governments; and
(2) the potential adverse effects of such proposed rule or
other major Federal action on productivity, economic growth,
full employment, creation of productive jobs, and international
competitiveness of American goods and services.
SEC. 203. INTERGOVERNMENTAL AND ECONOMIC IMPACT STATEMENT.
(a) Requirement.--When an agency promulgates a final rule or
implements any other major Federal action affecting the economy, the
agency shall prepare an Intergovernmental and Economic Impact
Statement. Each Intergovernmental and Economic Impact Statement shall
contain--
(1) a succinct statement of the need for, and the
objectives of, such rule or other major Federal action;
(2) a summary of the issues raised by the public comments
in response to the publication by the agency of the Economic
Impact Assessment, a summary of the agency's evaluation of such
issues, and a statement of any changes made in the proposed
rule or other proposed action as a result of such comments;
(3) a description of each of the significant alternatives
to the rule or other major Federal action affecting the
economy, considered by the agency, which, consistent with
fulfillment of agency statutory obligations, would--
(A) lessen the need for expenditure of State or
local public resources by State and local governments;
or
(B) reduce the potential adverse effects of such
proposed rule or other major Federal action on
productivity, economic growth, full employment,
creation of productive jobs, and international
competitiveness of American goods and services,
along with a statement of the reasons why each such
alternatives was rejected by the agency; and
(4) an estimate of the effect the rule or other major
Federal action will have on--
(A) expenditure of State or local public resources
by State and local governments; and
(B) productivity, economic growth, full employment,
creation of productive jobs, and international
competitiveness of American goods and services.
(b) Availability.--The agency shall make copies of each
Intergovernmental and Economic Impact Statement available to members of
the public and shall publish in the Federal Register at the time of
publication of any final rule or at the time of implementing any other
major Federal action affecting the economy, a statement describing how
the public may obtain copies of such Statement.
SEC. 204. EFFECT ON OTHER LAWS.
The requirements of this title shall not alter in any manner the
substantive standards otherwise applicable to the implementation by an
agency of statutory requirements or to the exercise by an agency of
authority delegated by law.
SEC. 205. EFFECTIVE DATE AND EXEMPTION.
This title shall apply to any rule proposed, any final rule
promulgated, and any other major Federal action affecting the economy
implemented by any agency after the date of the enactment of this Act.
This title shall not apply to any agency which is not an agency within
the meaning of section 551(1) of title 5, United States Code. | TABLE OF CONTENTS:
Title I: Legislative Reform
Title II: Federal Intergovernmental Relations
Fiscal Accountability and Intergovernmental Reform Act (FAIR Act) -
Title I: Legislative Reform
- Provides that, with certain exceptions, whenever a committee of either House reports a bill or resolution of a public character to its House mandating unfunded requirements upon State or local governments or the private sector, the report accompanying that bill or resolution shall analyze the effect of the new requirements on: (1) State and local government expenditures necessary to comply with Federal mandates; (2) private businesses; and (3) economic growth and competitiveness.
Title II: Federal Intergovernmental Relations
- Requires, to the fullest extent practicable, that: (1) the policies, regulations, and public laws of the United States be interpreted and administered in accordance with this Act; (2) all Federal agencies, consistent with attainment of the requirements of Federal law, minimize the adverse effects of rules affecting the economy; and (3) Federal agencies take certain actions in promulgating new rules, reviewing existing rules, developing legislative proposals, or initiating any other major Federal action affecting the economy whenever an agency identifies two or more alternatives which will satisfy the agency's statutory obligations.
Provides that, whenever an agency publishes a general notice of proposed rulemaking, promulgates a final rule, or before initiating or implementing any other major Federal action affecting the economy, the agency shall prepare and make available for public comment an Intergovernmental and Economic Impact Assessment. Specifies the contents of such an assessment. | FAIR Act |
204 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Land Asset Inventory Reform
Act of 2015''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Cadastre.--The term ``cadastre'' means an inventory of
real property of the Federal Government developed through
collecting, storing, retrieving, or disseminating graphical or
digital data depicting natural or man-made physical features,
phenomena, or boundaries of the earth and any information
related to the data, including surveys, maps, charts, satellite
and airborne remote sensing data, images, and services, with
services performed by professionals such as surveyors,
photogrammetrists, hydrographers, geodesists, cartographers,
and other such services of an architectural or engineering
nature including the following data layers:
(A) A reference frame consisting of a current
geodetic network.
(B) A series of current, accurate large-scale maps.
(C) An existing cadastral boundary overlay
delineating all cadastral parcels.
(D) A system for indexing and identifying each
cadastral parcel.
(E) A series of land data files, each including the
parcel identifier, that--
(i) can be used to retrieve information and
cross-reference between and among other data
files;
(ii) contain information about the use,
assets, and infrastructure of each parcel; and
(iii) designate any parcels that the
Secretary determines can be better managed
through ownership by a non-Federal entity,
including a State, local, or tribal government,
nonprofit organization, or the private sector.
(2) Real property.--The term ``real property'' means land,
buildings, crops, forests, and other resources attached to or
within the land or improvements or fixtures permanently
attached to the land or a structure on the property, including
any interest, benefit, right, or privilege in the property.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. CADASTRE OF FEDERAL LAND.
(a) In General.--The Secretary shall develop and maintain a current
and accurate multipurpose cadastre of Federal real property to support
Federal land management activities, including--
(1) resource development and conservation;
(2) agricultural use;
(3) active forest management;
(4) environmental protection; and
(5) use of real property.
(b) Cost-Sharing Agreements.--
(1) In general.--The Secretary may enter into cost-sharing
agreements with States to include any non-Federal land in a
State in the cadastre.
(2) Cost share.--The Federal share of any cost agreement
described in paragraph (1) shall not exceed 50 percent of the
total cost to a State for the development of the cadastre of
non-Federal land in the State.
(c) Consolidation and Report.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives a report
on--
(1)(A) the real property inventories or any components of
any cadastre that--
(i) exist as of the date of enactment of this Act;
and
(ii) are authorized by law or conducted by the
Secretary;
(B) the statutory authorization for each inventory or
component; and
(C) the amount expended by the Federal Government for the
inventory or component for fiscal year 2015;
(2) the inventories and components described in paragraph
(1)(A) that will be eliminated or consolidated into the
multipurpose cadastre authorized by this Act;
(3) the inventories and components described in paragraph
(1)(A) that will not be eliminated or consolidated into the
multipurpose cadastre authorized by this Act, with a
justification for not terminating or consolidating the
inventories and components in the multipurpose cadastre
authorized by this Act;
(4) the use of real property inventories or any components
of any cadastre that--
(A) exist as of the date of enactment of this Act;
(B) are conducted by any unit of a State or local
government; and
(C) can be used to identify Federal real property
within the unit;
(5) the cost-savings that will be achieved by eliminating
or consolidating duplicative or unneeded real property
inventories or any components described in paragraph (1)(A)
that will become part of the multipurpose cadastre authorized
by this Act;
(6) in consultation with the Director of the Office of
Management and Budget, the Administrator of General Services,
and the Comptroller General of the United States, all cadastres
and inventories authorized, operated, or maintained by all
other executive agencies of the Federal Government, including
each of the components of the assessment described in
paragraphs (1) through (5); and
(7) recommendations for any legislation necessary to
increase the cost-savings and enhance the effectiveness and
efficiency of replacing, eliminating, or consolidating real
property inventories or any components of a cadastre described
in paragraph (1)(A).
(d) Coordination.--
(1) In general.--In carrying out this section, the
Secretary shall--
(A) participate (in accordance with section 216 of
the E-Government Act of 2002 (44 U.S.C. 3501 note;
Public Law 107-347)) in the establishment of such
standards and common protocols as are necessary to
ensure the interoperability of geospatial information
pertaining to the cadastre for all users of the
information;
(B) coordinate with, seek assistance and
cooperation of, and provide liaison to the Federal
Geographic Data Committee pursuant to Office of
Management and Budget Circular A-16 and Executive Order
12906 (43 U.S.C. 1457 note; relating to coordinating
geographic data acquisition and access: the National
Spatial Data Infrastructure) for the implementation of
and compliance with such standards as may be applicable
to the cadastre;
(C) make the cadastre interoperable with the
Federal Real Property Profile established pursuant to
Executive Order 13327 (40 U.S.C. 121 note; relating to
Federal real property asset management);
(D) integrate with and leverage, to the maximum
extent practicable, cadastre activities of units of
State and local government; and
(E) use contracts with the private sector, to the
maximum extent practicable, to provide such products
and services as are necessary to develop the cadastre.
(2) Contracts considered surveying and mapping.--Contracts
entered into under paragraph (1)(E) shall be considered
surveying and mapping services as such term is used and as such
contracts are awarded in accordance with the selection
procedures described in chapter 11 of title 40, United States
Code.
SEC. 4. TRANSPARENCY AND PUBLIC ACCESS.
The Secretary shall--
(1) make the cadastre required under this Act publically
available on the Internet in a graphically geoenabled and
searchable format;
(2) ensure that the inventory required under section 3
includes the identification of all land and parcels suitable
for disposal by resource management plans under the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.); and
(3) in consultation with the Secretary of Defense and the
Secretary of Homeland Security, prevent the disclosure of the
identity of any 1 or more parcels of land, and buildings or
facilities on the parcels, or information related to the
parcels, if the disclosure would impair or jeopardize the
national security or homeland defense of the United States.
SEC. 5. RIGHT OF ACTION.
Nothing in this Act creates any substantive or procedural right or
benefit. | Federal Land Asset Inventory Reform Act of 2015 Directs the Department of the Interior to develop and maintain a current, accurate multipurpose cadastre of federal real property (an inventory of real property of the federal government) to assist with federal land management activities, including resource development and conservation, agricultural use, active forest management, environmental protection, and use of real property. Authorizes Interior to enter into cost-sharing agreements with states to include any nonfederal land in a state in such cadastre. Limits the federal share of any such agreement to 50% of the total cost to a state for the development of the cadastre of the nonfederal land in the state. Requires Interior to submit a report, covering all cadastres and inventories authorized, operated, or maintained by all executive agencies, on: (1) existing real property inventories or any components of any cadastre, (2) consolidation of inventories and components, (3) the use of existing inventories and components of any cadastre, (4) cost savings that will be achieved, and (5) recommendations for legislation. Requires Interior to: (1) make the cadastre required under this Act available on the Internet in a graphically geoenabled and searchable format; (2) ensure that the inventory required under this Act includes the identification of all lands and parcels suitable for disposal by resource management plans conducted under the Federal Land Policy and Management Act of 1976; and (3) prevent the disclosure of the identity of any one or more parcels of land, buildings or facilities on the parcels or information related to those parcels, if this would impair or jeopardize national security or homeland defense. | Federal Land Asset Inventory Reform Act of 2015 |
205 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expanding Nutrition's Role in
Curricula and Healthcare Act'' or the ``ENRICH Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 2012, United States health care spending was about
$8,915 per resident and accounted for 17.2 percent of the
Nation's gross domestic product, which is among the highest of
all industrialized countries.
(2) Expenditures in the United States on health care
surpassed $2.3 trillion in 2008, more than three times the $714
billion spent in 1990, and over eight times the $253 billion
spent in 1980.
(3) It is estimated that health care costs for chronic
disease treatment account for over 75 percent of national
health expenditures.
(4) The last major report from the World Health
Organization in March 2003 concluded diet was a major factor in
the cause of chronic diseases.
(5) Seven out of 10 deaths among Americans each year are
from chronic diseases. Heart disease, cancer, and stroke--each
of which has been strongly linked to dietary and lifestyle
choices--account for more than 50 percent of all deaths each
year.
(6) About 81.1 million people in the United States have at
least one form of cardiovascular disease. Approximately 2,300
Americans die every day from cardiovascular disease. In 2010,
cardiovascular disease cost American taxpayers $189.4 billion.
The American Heart Association estimates that, by 2030, direct
costs related to cardiovascular disease will triple to around
$818 billion. Research has shown that following a healthful
diet can not only reduce symptoms related to heart disease but
also reverse the damage done to the arteries.
(7) Two-thirds of the American population is currently
overweight, half of whom are obese. One in three children is
now overweight, and one-fifth of children are obese. In 2008,
the United States spent $190 billion on obesity-related health
care costs.
(8) An estimated 25.8 million Americans have diabetes.
Another 79 million adults have prediabetes. The Centers for
Disease Control and Prevention predict that one in three
children born in 2000 will develop diabetes at some point in
their lives. Diabetes cost the government $116 billion in 2007.
Research has shown that nutrition therapy is a key component of
diabetes management and can improve clinical outcomes.
(9) Cancer kills approximately 570,000 Americans each year,
accounting for one in every four deaths. More than 1.5 million
new cancer cases are diagnosed annually. In 2010, the direct
costs of cancer were $102.8 billion and that number is expected
to rise to $172 billion by 2020. More than 33 percent of
cancers are diet related and could be prevented with a
healthful diet.
(10) Eating is a complex social phenomenon influenced by
family, social networks, culture, socioeconomic and educational
status. An interprofessional approach to nutrition education
for clinicians may not necessarily overcome these forces but
may help the health professions team identify effective
strategies for nutrition counseling and management.
(11) Physicians are an important source of information and
motivation for patients' health behavior. Multiple studies have
shown that physician counseling on weight loss increases the
likelihood that patients will attempt weight loss, increase
physical activity, improve diet, and lose weight.
(12) Leading medical bodies recommend that physicians
address diet with overweight patients. Guidelines from leading
medical bodies such as the National Institutes of Health, the
American Heart Association, the American College of Cardiology,
and the Obesity Society recommend that physicians counsel
overweight and obese patients on the benefits of lifestyle
changes through lifestyle changes such as diet and physical
activity.
SEC. 3. GRANTS PROGRAM TO DEVELOP OR ENHANCE INTEGRATED NUTRITION
CURRICULA IN MEDICAL SCHOOLS.
(a) In General.--The Secretary of Health and Human Services, acting
through the Administrator of the Health Resources and Services
Administration and in conjunction with the National Institutes of
Health National Heart, Lung, and Blood Institute, shall establish a
competitive grants program under which the Secretary may award grants
to medical schools in the United States for the purpose described in
subsection (b)(1).
(b) Use of Grant Funds.--
(1) In general.--A medical school receiving a grant under
this section shall use the grant to create new or expand
existing integrated nutrition curriculum described in paragraph
(2) for the medical school.
(2) Integrated nutrition curriculum.--For purposes of
paragraph (1), an integrated nutrition curriculum--
(A) shall be designed based on the best possible
evidence to improve communication and provider
preparedness in the prevention, management, and, as
possible, reversal of obesity, cardiovascular disease,
diabetes, and cancer; and
(B) shall, to the greatest extent practicable,
address such additional topics, including nutrition
across the life cycle of individuals who are members of
at-risk populations, food insecurity among such
individuals, and malnutrition among such individuals.
(c) Eligibility.--To be eligible to receive a grant under this
section, an eligible entity shall--
(1) be a medical school in the United States that is
accredited by the Liaison Committee on Medical Education and
Residency Program Accreditation Council for Graduate Education
or by the American Osteopathic Association Commission on
Osteopathic College Accreditation; and
(2) submit an application to the Secretary, in accordance
with such time, form, and manner and containing such
information as specified by the Secretary, including--
(A) a description of how the medical school intends
to implement the integrated nutrition curriculum
described in subsection (b)(2); and
(B) a description of benchmarks to measure the
success of the implementation of such curriculum.
(d) Administrative Provisions.--
(1) Duration of program.--A grant awarded to a medical
school under this section shall be for a three-year period,
beginning on the date of the establishment of the grants
program under subsection (a).
(2) Limitations.--
(A) Grant amounts.--A grant awarded to a medical
school under this section may not exceed $500,000.
(B) One grant per school.--A medical school shall
not be eligible for more than one grant under this
section and may not renew such a grant.
(3) Priority.--In awarding grants, the Secretary shall give
priority to medical schools--
(A) that submit applications under subsection
(c)(1) that describe an integrated nutrition curriculum
that will be implemented through the use of such a
grant--
(i) that is coordinated with a residency
program; or
(ii) provides that students of such school
should receive at least 25 hours of nutrition
education; or
(B) that, for purposes of carrying out such
curriculum through the use of such a grant, partner
with education programs for health professionals other
than physicians.
(e) Reports.--
(1) Periodic reports during grants program.--
(A) In general.--For each school year ending during
the duration of the grants program under this section,
the Secretary shall submit to Congress a report on the
grants program.
(B) Report elements.--Each such report shall
include--
(i) the findings and conclusions of the
Secretary with respect to the integration of
nutrition curriculum into the curriculum of the
medical schools receiving a grant under the
grants program; and
(ii) an assessment of the benefits of the
grants program for--
(I) establishing best practices for
providers to advise patients in the
clinical setting;
(II) providing greater nutrition
awareness to physicians and other
health professionals and patients of
such physicians and professionals; and
(III) improving healthfulness of
patients' diets and improving patient
health outcomes.
(2) Final report.--Not later than 180 days after the last
day of the grants program under this section, the Secretary
shall submit to Congress a report detailing the recommendations
of the Secretary as to any benefits or barriers of integrating
nutrition curriculum at both the medical school and residency
levels.
(f) Funding.--No additional funds are authorized to carry out the
requirements of this section. The Secretary shall carry out such
requirements by using, from amounts otherwise authorized or
appropriated, up to $5,000,000 for each of fiscal years 2015 through
2017. | Expanding Nutrition's Role in Curricula and Healthcare Act or the ENRICH Act - Requires the Secretary of Health and Human Services (HHS) to establish a program of three-year competitive grants to accredited medical schools for the development or expansion of an integrated nutrition curriculum. Describes such a curriculum as one that: (1) is based on best possible evidence to improve communication and provider preparedness in the prevention, management, and, as possible, reversal of obesity, cardiovascular disease, diabetes, and cancer; and (2) addresses such topics as nutrition across the life cycle of members of at-risk populations and food insecurity and malnutrition among such individuals. | ENRICH Act |
206 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Idaho Panhandle National Forest
Improvement Act of 2004''.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
Agriculture.
SEC. 3. SALE OR EXCHANGE OF ADMINISTRATIVE SITES.
(a) In General.--The Secretary may, under such terms and conditions
as the Secretary may prescribe, sell or exchange any or all right,
title, and interest of the United States in and to the following
National Forest System land and improvements:
(1) Granite/Reeder Bay, Priest Lake Parcel, T61N, R4E, Boise
Principal Meridian, section 17, S\1/2\NE\1/4\ (80 acres, more or
less).
(2) North South Ski area, T43N, R3W, Boise Principal Meridian,
section 13, SE\1/4\SE\1/4\SW\1/4\, S\1/2\SW\1/4\SE\1/4\, NE\1/
4\SW\1/4\SE\1/4\, and SW\1/4\SE\1/4\SE\1/4\ (50 acres more or
less).
(3) Shoshone work camp (including easements for utilities),
T50N, R4E, Boise Principal Meridian, section 5, a portion of the
S\1/2\SE\1/4\ (19 acres, more or less).
(b) Descriptions.--The Secretary may modify the descriptions in
subsection (a) to correct errors or to make minor adjustments to the
parcels in order to facilitate the conveyance of the parcels.
(c) Consideration.--Consideration for a sale or exchange of land
under subsection (a)--
(1) shall be equal to the fair market value of the land; and
(2) may include cash or improved or unimproved land.
(d) Applicable Law.--Except as otherwise provided in this Act, any
sale or exchange of National Forest System land under subsection (a)
shall be subject to the laws applicable to the conveyance and
acquisition of land for the National Forest System.
(e) Valuation.--The market value of the land and the improvements
to be sold or exchanged under this Act shall be determined by an
appraisal that is acceptable to the Secretary and conforms with the
Uniform Appraisal Standards for Federal Land Acquisitions.
(f) Cash Equalization.--Notwithstanding section 206(b) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the
Secretary may accept a cash equalization payment in excess of 25
percent of the value of land exchanged under subsection (a).
(g) Solicitations of Offers.--
(1) In general.--The Secretary may solicit offers for the sale
or exchange of land under this section on such terms and conditions
as the Secretary may prescribe.
(2) Rejection of offers.--The Secretary may reject any offer
made under this section if the Secretary determines that the offer
is not adequate or not in the public interest.
(h) Methods of Sale.--The Secretary may sell land under subsection
(a) at public or private sale (including at auction), in accordance
with any terms, conditions, and procedures that the Secretary
determines to be in the best interests of the United States.
SEC. 4. DISPOSITION OF FUNDS.
(a) Deposit of Proceeds.--The Secretary shall deposit the proceeds
of a sale or the cash equalization proceeds, if any, from an exchange
under section 3(a) in the fund established under Public Law 90-171
(commonly known as the ``Sisk Act'') (16 U.S.C. 484a).
(b) Use of Proceeds.--Amounts deposited under subsection (a) shall
be available to the Secretary, without further appropriation--
(1) for the acquisition of, construction of, or rehabilitation
of existing facilities for, a new ranger station in the Silver
Valley portion of the Panhandle National Forest; or
(2) to the extent that the amount of funds deposited exceeds
the amount needed for the purpose described in paragraph (1), for
the acquisition, construction, or rehabilitation of other
facilities in the Panhandle National Forest.
(c) Nondistribution of Proceeds.--Proceeds from the sale or
exchange of land under this Act shall not be paid or distributed to
States or counties under any provision of law, or otherwise treated as
money received from a national forest, for purposes of--
(1) the Act of May 23, 1908 (16 U.S.C. 500);
(2) section 13 of the Act of March 1, 1911 (commonly known as
the ``Weeks Law'') (16 U.S.C. 500); or
(3) the Act of March 4, 1913 (16 U.S.C. 501).
SEC. 5. ADMINISTRATION.
(a) In General.--Land transferred to or otherwise acquired by the
Secretary under this Act shall be managed in accordance with--
(1) the Act of March 1, 1911 (commonly known as the ``Weeks
Law'') (16 U.S.C. 480 et seq.); and
(2) other laws relating to the National Forest System.
(b) Exemption From Property Management Regulations.--Part 1955 of
title 7, Code of Federal Regulations (or any successor regulation),
shall not apply to any actions taken under this Act.
(c) Withdrawals and Revocations.--
(1) Withdrawal.--Subject to valid existing rights, all land
described in section 3(a) is withdrawn from--
(A) location, entry, and patent under the mining laws; and
(B) the operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(2) Revocation of public land orders.--As of the date of this
Act, any public land order withdrawing land described in section
3(a) from all forms of appropriation under the public land laws is
revoked with respect to any portion of the land conveyed by the
Secretary under this section.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Idaho Panhandle National Forest Improvement Act of 2004 - Authorizes the Secretary of Agriculture to convey certain National Forest System parcels in Idaho and use the proceeds for acquisition, construction, or rehabilitation of: (1) a new ranger station in the Silver Valley portion of the Idaho Panhandle National Forest; or (2) other facilities in such Forest, to the extent that funds exceed amounts necessary for the ranger station.
Authorizes appropriations. | A bill to authorize the Secretary of Agriculture to sell or exchange all or part of certain parcels of National Forest System land in the State of Idaho and use the proceeds derived from the sale or exchange for National Forest System purposes. |
207 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Welfare to Work Health Care Act of
2003''.
SEC. 2. REVISION AND SIMPLIFICATION OF THE TRANSITIONAL MEDICAL
ASSISTANCE PROGRAM (TMA).
(a) Option of Continuous Eligibility for 12 Months; Option of
Continuing Coverage for up to an Additional Year.--
(1) Option of continuous eligibility for 12 months by
making reporting requirements optional.--Section 1925(b) of the
Social Security Act (42 U.S.C. 1396r-6(b)) is amended--
(A) in paragraph (1), by inserting ``, at the
option of a State,'' after ``and which'';
(B) in paragraph (2)(A), by inserting ``Subject to
subparagraph (C)--'' after ``(A) Notices.--'';
(C) in paragraph (2)(B), by inserting ``Subject to
subparagraph (C)--'' after ``(B) Reporting
requirements.--'';
(D) by adding at the end the following new
subparagraph:
``(C) State option to waive notice and reporting
requirements.--A State may waive some or all of the
reporting requirements under clauses (i) and (ii) of
subparagraph (B). Insofar as it waives such a reporting
requirement, the State need not provide for a notice
under subparagraph (A) relating to such requirement.'';
and
(E) in paragraph (3)(A)(iii), by inserting ``the
State has not waived under paragraph (2)(C) the
reporting requirement with respect to such month under
paragraph (2)(B) and if'' after ``6-month period if''.
(2) State option to extend eligibility for low-income
individuals for up to 12 additional months.--Section 1925 of
such Act (42 U.S.C. 1396r-6) is further amended--
(A) by redesignating subsections (c) through (f) as
subsections (d) through (g); and
(B) by inserting after subsection (b) the following
new subsection:
``(c) State Option of up to 12 Months of Additional Eligibility.--
``(1) In general.--Notwithstanding any other provision of
this title, each State plan approved under this title may
provide, at the option of the State, that the State shall offer
to each family which received assistance during the entire 6-
month period under subsection (b) and which meets the
applicable requirement of paragraph (2), in the last month of
the period the option of extending coverage under this
subsection for the succeeding period not to exceed 12 months.
``(2) Income restriction.--The option under paragraph (1)
shall not be made available to a family for a succeeding period
unless the State determines that the family's average gross
monthly earnings (less such costs for such child care as is
necessary for the employment of the caretaker relative) as of
the end of the 6-month period under subsection (b) does not
exceed 185 percent of the official poverty line (as defined by
the Office of Management and Budget, and revised annually in
accordance with section 673(2) of the Omnibus Budget
Reconciliation Act of 1981) applicable to a family of the size
involved.
``(3) Application of extension rules.--The provisions of
paragraphs (2), (3), (4), and (5) of subsection (b) shall apply
to the extension provided under this subsection in the same
manner as they apply to the extension provided under subsection
(b)(1), except that for purposes of this subsection--
``(A) any reference to a 6-month period under
subsection (b)(1) is deemed a reference to the
extension period provided under paragraph (1) and any
deadlines for any notices or reporting and the premium
payment periods shall be modified to correspond to the
appropriate calendar quarters of coverage provided
under this subsection; and
``(B) any reference to a provision of subsection
(a) or (b) is deemed a reference to the corresponding
provision of subsection (b) or of this subsection,
respectively.''.
(b) State Option To Waive Receipt of Medicaid for 3 of Previous 6
Months To Qualify for TMA.--Section 1925(a)(1) of such Act (42 U.S.C.
1396r-6(a)(1)) is amended by adding at the end the following: ``A State
may, at its option, also apply the previous sentence in the case of a
family that was receiving such aid for fewer than 3 months, or that had
applied for and was eligible for such aid for fewer than 3 months,
during the 6 immediately preceding months described in such
sentence.''.
(c) Elimination of Sunset for TMA.--
(1) Subsection (g) of section 1925 of such Act (42 U.S.C.
1396r-6), as redesignated under subsection (a)(2), is repealed.
(2) Section 1902(e)(1) of such Act (42 U.S.C. 1396a(e)(1))
is amended by striking ``(A) Nothwithstanding'' and all that
follows through ``During such period, for'' in subparagraph (B)
and inserting ``For''.
(d) CMS Report on Enrollment and Participation Rates Under TMA.--
Section 1925 of such Act, as amended by subsections (a)(2) and (c), is
amended by adding at the end the following new subsection:
``(g) Additional Provisions.--
``(1) Collection and reporting of participation
information.--Each State shall--
``(A) collect and submit to the Secretary, in a
format specified by the Secretary, information on
average monthly enrollment and average monthly
participation rates for adults and children under this
section; and
``(B) make such information publicly available.
Such information shall be submitted under subparagraph (A) at
the same time and frequency in which other enrollment
information under this title is submitted to the Secretary.
Using such information, the Secretary shall submit to Congress
annual reports concerning such rates.''.
(e) Coordination of Work.--Section 1925(g) of such Act, as added by
subsection (d), is amended by adding at the end the following new
paragraph:
``(2) Coordination with administration for children and
families.--The Administrator of the Centers for Medicare &
Medicaid Services, in carrying out this section, shall work
with the Assistant Secretary for the Administration for
Children and Families to develop guidance or other technical
assistance for States regarding best practices in guaranteeing
access to transitional medical assistance under this
section.''.
(f) Elimination of TMA Requirement for States That Extend Coverage
to Children and Parents Through 185 Percent of Poverty.--
(1) In general.--Section 1925 of such Act is further
amended by adding at the end the following new subsection:
``(h) Provisions Optional for States That Extend Coverage to
Children and Parents Through 185 Percent of Poverty.--A State may (but
is not required to) meet the requirements of subsections (a) and (b) if
it provides for medical assistance under section 1931 to families
(including both children and caretaker relatives) the average gross
monthly earning of which (less such costs for such child care as is
necessary for the employment of a caretaker relative) is at or below a
level that is at least 185 percent of the official poverty line (as
defined by the Office of Management and Budget, and revised annually in
accordance with section 673(2) of the Omnibus Budget Reconciliation Act
of 1981) applicable to a family of the size involved.''.
(2) Conforming amendments.--Such section is further
amended, in subsections (a)(1) and (b)(1), by inserting ``, but
subject to subsection (h),'' after ``Notwithstanding any other
provision of this title,'' each place it appears.
(g) Extending Use of Outstationed Workers To Accept Applications
for Transitional Medical Assistance.--Section 1902(a)(55) of such Act
(42 U.S.C. 1396a(a)(55)) is amended by inserting ``and under section
1931'' after ``(a)(10)(A)(ii)(IX)''.
(h) Effective Dates.--(1) Except as provided in this subsection,
the amendments made by this section shall apply to calendar quarters
beginning on or after the date of the enactment of this Act, without
regard to whether or not final regulations to carry out such amendments
have been promulgated by such date.
(2) In the case of a State plan for medical assistance under title
XIX of the Social Security Act which the Secretary of Health and Human
Services determines requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the additional
requirements imposed by the amendments made by this section, the State
plan shall not be regarded as failing to comply with the requirements
of such title solely on the basis of its failure to meet these
additional requirements before the first day of the first calendar
quarter beginning after the close of the first regular session of the
State legislature that begins after the date of the enactment of this
Act. For purposes of the previous sentence, in the case of a State that
has a 2-year legislative session, each year of such session shall be
deemed to be a separate regular session of the State legislature. | Welfare to Work Health Care Act of 2003 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to revise the program commonly referred to as the transitional medical assistance (TMA) program. Authorizes States to: (1) extend the eligibility for TMA of low-income individuals for up to 12 additional months; and (2) allow another six months of eligibility, in certain circumstances, in the case of a family eligible for or receiving Medicaid for less than three of the previous six months. Repeals the sunset date for TMA (thus making the program permanent). | To amend title XIX of the Social Security Act to revise and simplify the transitional medical assistance (TMA) program. |
208 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enron Employee Pension Recovery Act
of 2002''.
SEC. 2. SECURITIES AND EXCHANGE COMMISSION AUTHORITY TO PROVIDE RELIEF.
(a) Proceeds of Enron and Andersen Enforcement Actions.--If in any
administrative or judicial proceeding brought by the Securities and
Exchange Commission against--
(1) the Enron Corporation, any subsidiary or affiliate of
such Corporation, or any officer, director, or principal
shareholder of such Corporation, subsidiary, or affiliate for
any violation of the securities laws; or
(2) Arthur Andersen L.L.C., any subsidiary or affiliate of
Arthur Andersen L.L.C., or any general or limited partner of
Arthur Andersen L.L.C., or such subsidiary or affiliate, for
any violation of the securities laws with respect to any
services performed for or in relation to the Enron Corporation,
any subsidiary or affiliate of such Corporation, or any
officer, director, or principal shareholder of such
Corporation, subsidiary, or affiliate;
the Commission obtains an order providing for an accounting and
disgorgement of funds, such disgorgement fund (including any addition
to such fund required or permitted under this section) shall be
allocated in accordance with the requirements of this section.
(b) Priority for Former Enron Employees.--The Commission shall, by
order, establish an allocation system for the disgorgement fund. Such
system shall provide that, in allocating the disgorgement fund amount
the victims of the securities laws violations described in subsection
(a), the first priority shall be given to individuals who were employed
by the Enron Corporation, or a subsidiary or affiliate of such
Corporation, and who were participants in an individual account plan
established by such Corporation, subsidiary, or affiliate. Such
allocations among such individuals shall be in proportion to the extent
to which the nonforfeitable accrued benefit of each such individual
under the plan was invested in the securities of such Corporation,
subsidiary, or affiliate.
(c) Addition of Civil Penalties.--If, in any proceeding described
in subsection (a), the Commission assesses and collects any civil
penalty, the Commission shall, notwithstanding sections 21(d)(3)(C)(i),
21A(d)(1), or any other provision of the securities laws, be payable to
the disgorgement fund.
(d) Acceptance of Federal Campaign Contributions.--
(1) In general.--Section 313 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 439a) is amended by inserting
before ``or may be used'' the following: ``may be transferred
to any disgorgement fund which is required to be allocated in
accordance with the requirements of the Enron Employee Pension
Recovery Act of 2002,''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to any amounts received by a candidate
at any time before, on, or after the date of the enactment of
this Act.
(e) Acceptance of Additional Donations.--The Commission is
authorized to accept, hold, administer, and utilize gifts, bequests and
devises of property, both real and personal, to the United States for
the disgorgement fund. Gifts, bequests, and devises of money and
proceeds from sales of other property received as gifts, bequests, or
devises shall be deposited in the disgorgement fund and shall be
available for allocation in accordance with subsection (b).
(f) Definitions.--As used in this section:
(1) Commission.--The term ``Commission'' means the
Securities Exchange Commission.
(2) Securities laws.--The term ``securities laws'' means
the Securities Act of 1933 (15 U.S.C. 78a et seq.), the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), the
Trust Indenture Act of 1939 (15 U.S.C. 77aaa et seq.), the
Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.), the
Investment Advisers Act of 1940 (15 U.S.C. 80b et seq.), and
the Securities Investor Protection Act of 1970 (15 U.S.C. 78aaa
et seq.).
(3) Disgorgement fund.--The term ``disgorgement fund''
means a disgorgement fund established in any administrative or
judicial proceeding described in subsection (a).
(4) Subsidiary or affiliate.--The term ``subsidiary or
affiliate'' when used in relation to a person means any entity
that controls, is controlled by, or is under common control
with such person.
(5) Officer, director, or principal shareholder.--The term
``officer, director, or principal shareholder'' when used in
relation to the Enron Corporation, or any subsidiary or
affiliate of such Corporation, means any person that is subject
to the requirements of section 16 of the Securities Exchange
Act of 1934 (15 U.S.C. 78p) in relation to the Enron
Corporation, or any subsidiary or affiliate of such
Corporation.
(6) Nonforfeitable; accrued benefit; individual account
plan.--The terms ``nonforfeitable'', ``accrued benefit'', and
``individual account plan'' have the meanings provided such
terms, respectively, in paragraphs (19), (23), and (34) of
section 3 of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1002(19), (23), (34)). | Enron Employee Pension Recovery Act of 2002 - Sets forth a priority allocation scheme requiring the Securities and Exchange Commission (SEC) to distribute to former Enron, subsidiary, or affiliate employees the proceeds from any administrative or judicial order brought for securities violations against the Enron Corporation or Arthur Andersen L.L.C., or any of their subsidiaries, affiliates, officers, directors, or principal shareholders for an accounting or disgorgement of funds (including any civil penalty assessments).Amends the Federal Election Campaign Act of 1971 to authorize the transfer of Federal campaign contributions to such disgorgement fund.Authorizes the SEC to accept donations to the United States for such fund. | To permit certain funds assessed for securities laws violations to be used to compensate employees who are victims of excessive pension fund investments in the securities of their employers, and for other purposes. |
209 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fracturing Regulations are Effective
in State Hands Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) hydraulic fracturing is a commercially viable practice
that has been used in the United States for more than 60 years
in more than 1,000,000 wells;
(2) the Ground Water Protection Council, a national
association of State water regulators that is considered to be
a leading groundwater protection organization in the United
States, released a report entitled ``State Oil and Natural Gas
Regulations Designed to Protect Water Resources'' and dated May
2009 finding that the ``current State regulation of oil and gas
activities is environmentally proactive and preventive'';
(3) that report also concluded that ``[a]ll oil and gas
producing States have regulations which are designed to provide
protection for water resources'';
(4) a 2004 study by the Environmental Protection Agency,
entitled ``Evaluation of Impacts to Underground Sources of
Drinking Water by Hydraulic Fracturing of Coalbed Methane
Reservoirs'', found no evidence of drinking water wells
contaminated by fracture fluid from the fracked formation;
(5) a 2009 report by the Ground Water Protection Council,
entitled ``State Oil and Natural Gas Regulations Designed to
Protect Water Resources'', found a ``lack of evidence'' that
hydraulic fracturing conducted in both deep and shallow
formations presents a risk of endangerment to ground water;
(6) a January 2009 resolution by the Interstate Oil and Gas
Compact Commission stated ``The states, who regulate
production, have comprehensive laws and regulations to ensure
operations are safe and to protect drinking water. States have
found no verified cases of groundwater contamination associated
with hydraulic fracturing.'';
(7) on May 24, 2011, before the Oversight and Government
Reform Committee of the House of Representatives, Lisa Jackson,
the Administrator of the Environmental Protection Agency,
testified that she was ``not aware of any proven case where the
fracking process itself has affected water'';
(8) in 2011, Bureau of Land Management Director Bob Abbey
stated, ``We have not seen evidence of any adverse effect as a
result of the use of the chemicals that are part of that
fracking technology.'';
(9)(A) activities relating to hydraulic fracturing (such as
surface discharges, wastewater disposal, and air emissions) are
already regulated at the Federal level under a variety of
environmental statutes, including portions of--
(i) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
(ii) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.); and
(iii) the Clean Air Act (42 U.S.C. 7401 et seq.);
but
(B) Congress has continually elected not to include the
hydraulic fracturing process in the underground injection
control program under the Safe Drinking Water Act (42 U.S.C.
300f et seq.);
(10) in 2011, the Secretary of the Interior announced the
intention to promulgate new Federal regulations governing
hydraulic fracturing on Federal land; and
(11) a February 2012 study by the Energy Institute at the
University of Texas at Austin, entitled ``Fact-Based Regulation
for Environmental Protection in Shale Gas Development'', found
that ``[n]o evidence of chemicals from hydraulic fracturing
fluid has been found in aquifers as a result of fracturing
operations''.
SEC. 3. DEFINITION OF FEDERAL LAND.
In this Act, the term ``Federal land'' means--
(1) public lands (as defined in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702));
(2) National Forest System land;
(3) land under the jurisdiction of the Bureau of
Reclamation; and
(4) land under the jurisdiction of the Corps of Engineers.
SEC. 4. STATE AUTHORITY.
(a) In General.--A State shall have the sole authority to
promulgate or enforce any regulation, guidance, or permit requirement
regarding the treatment of a well by the application of fluids under
pressure to which propping agents may be added for the expressly
designed purpose of initiating or propagating fractures in a target
geologic formation in order to enhance production of oil, natural gas,
or geothermal production activities on or under any land within the
boundaries of the State.
(b) Federal Land.--The treatment of a well by the application of
fluids under pressure to which propping agents may be added for the
expressly designed purpose of initiating or propagating fractures in a
target geologic formation in order to enhance production of oil,
natural gas, or geothermal production activities on Federal land shall
be subject to the law of the State in which the land is located. | Fracturing Regulations are Effective in State Hands Act - Grants any state sole authority to promulgate or enforce any regulation, guidance, or permit requirement regarding the treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil, gas, or geothermal production activities on or under land within the boundaries of that state. Subjects such a well treatment on federal land to state law as well. | Fracturing Regulations are Effective in State Hands Act |
210 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Art and Collectibles Capital Gains
Tax Treatment Parity Act''.
SEC. 2. CAPITAL GAINS TREATMENT FOR ART AND COLLECTIBLES.
(a) In General.--Section 1(h) of the Internal Revenue Code of 1986
(relating to maximum capital gains rate) is amended by striking
paragraphs (5) and (6) and inserting the following new paragraph:
``(5) 28-percent rate gain.--For purposes of this
subsection, the term `28-percent rate gain' means the excess
(if any) of--
``(A) section 1202 gain, over
``(B) the sum of--
``(i) the net short-term capital loss, and
``(ii) the amount of long-term capital loss
carried under section 1212(b)(1)(B) to the
taxable year.''.
(b) Conforming Amendments.--
(1) Section 1(h)(9) of the Internal Revenue Code of 1986 is
amended by striking ``collectibles gain, gain described in
paragraph (7)(A)(i),'' and inserting ``gain described in
paragraph (7)(A)(i)''.
(2) Section 1(h) of such Code is amended by redesignating
paragraphs (12) and (13) as paragraphs (6) and (12),
respectively.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
SEC. 3. CHARITABLE CONTRIBUTIONS OF CERTAIN ITEMS CREATED BY THE
TAXPAYER.
(a) In General.--Subsection (e) of section 170 of the Internal
Revenue Code of 1986 (relating to certain contributions of ordinary
income and capital gain property) is amended by adding at the end the
following new paragraph:
``(7) Special rule for certain contributions of literary,
musical, or artistic compositions.--
``(A) In general.--In the case of a qualified
artistic charitable contribution--
``(i) the amount of such contribution shall
be the fair market value of the property
contributed (determined at the time of such
contribution), and
``(ii) no reduction in the amount of such
contribution shall be made under paragraph (1).
``(B) Qualified artistic charitable contribution.--
For purposes of this paragraph, the term `qualified
artistic charitable contribution' means a charitable
contribution of any literary, musical, artistic, or
scholarly composition, or similar property, or the
copyright thereon (or both), but only if--
``(i) such property was created by the
personal efforts of the taxpayer making such
contribution no less than 18 months prior to
such contribution,
``(ii) the taxpayer--
``(I) has received a qualified
appraisal of the fair market value of
such property in accordance with the
regulations under this section, and
``(II) attaches to the taxpayer's
income tax return for the taxable year
in which such contribution was made a
copy of such appraisal,
``(iii) the donee is an organization
described in subsection (b)(1)(A),
``(iv) the use of such property by the
donee is related to the purpose or function
constituting the basis for the donee's
exemption under section 501 (or, in the case of
a governmental unit, to any purpose or function
described under subsection (c)),
``(v) the taxpayer receives from the donee
a written statement representing that the
donee's use of the property will be in
accordance with the provisions of clause (iv),
and
``(vi) the written appraisal referred to in
clause (ii) includes evidence of the extent (if
any) to which property created by the personal
efforts of the taxpayer and of the same type as
the donated property is or has been--
``(I) owned, maintained, and
displayed by organizations described in
subsection (b)(1)(A), and
``(II) sold to or exchanged by
persons other than the taxpayer, donee,
or any related person (as defined in
section 465(b)(3)(C)).
``(C) Maximum dollar limitation; no carryover of
increased deduction.--The increase in the deduction
under this section by reason of this paragraph for any
taxable year--
``(i) shall not exceed the artistic
adjusted gross income of the taxpayer for such
taxable year, and
``(ii) shall not be taken into account in
determining the amount which may be carried
from such taxable year under subsection (d).
``(D) Artistic adjusted gross income.--For purposes
of this paragraph, the term `artistic adjusted gross
income' means that portion of the adjusted gross income
of the taxpayer for the taxable year attributable to--
``(i) income from the sale or use of
property created by the personal efforts of the
taxpayer which is of the same type as the
donated property, and
``(ii) income from teaching, lecturing,
performing, or similar activity with respect to
property described in clause (i).
``(E) Paragraph not to apply to certain
contributions.--Subparagraph (A) shall not apply to any
charitable contribution of any letter, memorandum, or
similar property which was written, prepared, or
produced by or for an individual while the individual
is an officer or employee of any person (including any
government agency or instrumentality) unless such
letter, memorandum, or similar property is entirely
personal.
``(F) Copyright treated as separate property for
partial interest rule.--In the case of a qualified
artistic charitable contribution, the tangible
literary, musical, artistic, or scholarly composition,
or similar property and the copyright on such work
shall be treated as separate properties for purposes of
this paragraph and subsection (f)(3).''.
(b) Effective Date.--The amendment made by this section shall apply
to contributions made after the date of the enactment of this Act in
taxable years ending after such date. | Art and Collectibles Capital Gains Tax Treatment Parity Act - Amends the Internal Revenue Code to provide art and collectibles with capital gain rates similar to other assets held long-term. (Currently art and collectibles have a 28 percent capital gain rate.)Establishes a (limited) fair market value deduction for qualifying literary, musical, or artistic charitable contributions created and donated by the taxpayer. (Currently such deduction is limited to the taxpayer's costs in creating the work.) | A bill to amend the Internal Revenue Code of 1986 to provide the same capital gains treatment for art and collectibles as for other investment property and to provide that a deduction equal to fair market value shall be allowed for charitable contributions of literary, musical, artistic, or scholarly compositions created by the donor. |
211 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Veterans Credit Act of
2016''.
SEC. 2. PURPOSE.
The purposes of this Act are--
(1) to rectify reporting of medical debt included in a
consumer report of a veteran due to inappropriate or delayed
payment for hospital care or medical services provided in a
non-Department of Veterans Affairs facility under the laws
administered by the Secretary of Veterans Affairs; and
(2) to clarify the process of debt collection for such
medical debt.
SEC. 3. AMENDMENTS TO FAIR CREDIT REPORTING ACT.
(a) Veteran's Medical Debt Defined.--Section 603 of the Fair Credit
Reporting Act (15 U.S.C. 1681a) is amended by adding at the end the
following:
``(z) Veteran.--The term `veteran' has the meaning given the term
in section 101 of title 38, United States Code.
``(aa) Veteran's Medical Debt.--The term `veteran's medical debt'
means a debt of a veteran arising from hospital care or medical
services, as those terms are defined in section 1701 of title 38,
United States Code, provided in a non-Department of Veterans Affairs
facility under the laws administered by the Secretary of Veterans
Affairs, including under section 1703, 1712, 1712A, 1725, or 1728 of
title 38, United States Code.''.
(b) Exclusion for Veteran's Medical Debt.--Section 605(a) of the
Fair Credit Reporting Act (15 U.S.C. 1681c) is amended by adding at the
end the following:
``(7) Any information related to a veteran's medical debt
if the date on which the debt was placed for collection,
charged to profit or loss, or subjected to any similar action
antedates the report by less than 1 year.
``(8) Any information related to a fully paid or settled
veteran's medical debt that had been characterized as
delinquent, charged off, or in collection.''.
(c) Removal of Veteran's Medical Debt From Consumer Report.--
Section 611 of the Fair Credit Reporting Act (15 U.S.C. 1681i) is
amended--
(1) in subsection (a)(1)(A), by inserting ``and except as
provided in subsection (g)'' after ``subsection (f)''; and
(2) by adding at the end the following:
``(g) Dispute Process for Veteran's Medical Debt.--
``(1) In general.--With respect to a veteran's medical debt
of a consumer, the consumer may submit a notice along with
proof of liability of the Department of Veterans Affairs for
payment of that debt to a consumer reporting agency or a
reseller to dispute the inclusion of that debt on a consumer
report of the consumer.
``(2) Deletion of information from file.--Not later than 30
days after the date on which a notice is received under
paragraph (1), the consumer reporting agency shall delete
information relating to the veteran's medical debt from the
file of the consumer and notify the furnisher and the consumer
of that deletion.''.
SEC. 4. COMMUNICATIONS REGARDING VETERAN'S MEDICAL DEBT.
(a) In General.--Section 809 of the Fair Debt Collection Practices
Act (15 U.S.C. 1692g) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``, except for a veteran's medical debt as
described in subsection (f),'' after ``any debt''; and
(2) by adding at the end the following:
``(f) Veteran's Medical Debt.--
``(1) Definitions.--In this subsection--
``(A) the term `consumer reporting agency' has the
meaning given the term in section 603 of the Fair
Credit Reporting Act (15 U.S.C. 1681a);
``(B) the term `veteran' has the meaning given the
term in section 101 of title 38, United States Code;
and
``(C) the term `veteran's medical debt' means a
debt of a veteran arising from hospital care or medical
services, as those terms are defined in section 1701 of
title 38, United States Code, provided in a non-
Department of Veterans Affairs facility under the laws
administered by the Secretary of Veterans Affairs,
including under section 1703, 1712, 1712A, 1725, or
1728 of title 38, United States Code.
``(2) Communications regarding veteran's medical debt.--Not
later than 5 days after the initial communication with a
veteran in connection with the collection of a veteran's
medical debt, a debt collector shall, unless the following
information is contained in the initial communication or the
veteran has paid the debt, send the veteran a written notice
containing--
``(A) the amount of the debt;
``(B) the name of the creditor to whom the debt is
owed;
``(C) a statement that unless the veteran, within 1
year after receipt of the notice, disputes the validity
of the debt, or any portion thereof, the debt will be
assumed to be valid by the debt collector;
``(D) a statement that if the veteran notifies the
debt collector in writing within the 1-year period that
the debt, or any portion thereof, is disputed, the debt
collector will obtain verification of the debt or a
copy of a judgment against the veteran and a copy of
such verification or judgment will be mailed to the
veteran by the debt collector;
``(E) a statement that, upon the veteran's written
request within the 1-year period, the debt collector
will provide the veteran with the name and address of
the original creditor, if different from the current
creditor;
``(F) a statement that the debt collector will not
report the debt to a consumer reporting agency until 1
year after the date on which the debt collector sends
the statement; and
``(G) a statement that the consumer may communicate
with--
``(i) an insurance company to determine
coverage for the debt;
``(ii) the Department of Veterans Affairs
to determine coverage for the debt or repayment
options; or
``(iii) the provider of the hospital care
or medical services from which the debt arises.
``(3) Collection of veteran's medical debt.--If the veteran
notifies the debt collector in writing within the 1-year period
described in paragraph (2)(D) that the veteran's medical debt,
or any portion thereof, is disputed, or that the veteran
requests the name and address of the original creditor, the
debt collector shall cease collection of the veteran's medical
debt, or any disputed portion thereof, until the debt collector
obtains verification of the veteran's medical debt or a copy of
a judgment, or the name and address of the original creditor,
and a copy of such verification or judgment, or name and
address of the original creditor, is mailed to the veteran by
the debt collector. Collection activities and communications
that do not otherwise violate this title may continue during
the 1-year period referred to in paragraph (2)(D) unless the
veteran has notified the debt collector in writing that the
veteran's medical debt, or any portion of the debt, is disputed
or that the veteran requests the name and address of the
original creditor. Any collection activities and communication
during the 1-year period may not overshadow or be inconsistent
with the disclosure of the veteran's right to dispute the
veteran's medical debt or request the name and address of the
original creditor.''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date that
is 90 days after the date of enactment of this Act. | Protecting Veterans Credit Act of 2016 This bill amends the Fair Credit Reporting Act to exclude from a consumer report: (1) for one year, information related to a veteran's medical debt resulting from hospital or medical services provided in a non-Department of Veterans Affairs (VA) facility; and (2) information related to a fully paid or settled medical debt that had been characterized as delinquent, charged off, or in collection. A veteran may submit a notice along with proof of VA liability for such debt to a consumer reporting agency or a reseller to dispute the debt's inclusion in a consumer report. The consumer reporting agency shall, within 30 days, delete such information from the consumer's file and notify the furnisher and the veteran. The Consumer Credit Protection Act is amended to provide a mechanism for veterans to dispute the inclusion of program debt already on a credit report. A consumer reporting agency shall, within 30 days after receiving notice of such dispute, delete such information from the veteran's file and notify the furnisher and the veteran. Within five days after the initial communication with a veteran, a debt collector shall, unless the appropriate information is contained in the initial communication or the veteran has paid the debt, send the veteran a written notice containing specified debt-related information, including information concerning the debt amount, creditors, the insurance company involved, and the hospital or medical care provider. If a veteran notifies the debt collector within such one-year period that the program debt is disputed or that the veteran requests the name and address of the original creditor, the debt collector shall cease collection until debt verification or the name and address of the original creditor is obtained. | Protecting Veterans Credit Act of 2016 |
212 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Girl Scouts USA Centennial
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Girl Scouts of the United States of America is the
world's preeminent organization dedicated solely to girls where
they build character and skills for success in the real world.
(2) In 1911, Juliette Gordon Low met Sir Robert Baden-
Powell, a war hero and the founder of the Boy Scouts.
(3) With Baden-Powell's help and encouragement, Juliette
Gordon Low made plans to start a similar association for
American girls.
(4) On March 12, 1912, Juliette Gordon Low organized the
first 2 Girl Scout Troops in Savannah, Georgia consisting of 18
members.
(5) Low devoted the next 15 years of her life to building
the organization, which would become the largest voluntary
association for women and girls in the United States.
(6) Low drafted the Girl Scout laws, supervised the writing
of the first handbook in 1913, and provided most of the
financial support for the organization during its early years.
(7) The Girl Scouts of the United States of America was
chartered by the United States Congress in 1950 in title 36,
United States Code.
(8) Today there are more than 3,700,000 members in 236,000
troops throughout the United States and United States
territories.
(9) Through membership in the World Association of Girl
Guides and Girl Scouts, Girls Scouts of the United States of
America is part of a worldwide family of 10,000,000 girls and
adults in 145 countries.
(10) More than 50,000,000 American women enjoyed Girl
Scouting during their childhood--and that number continues to
grow as Girl Scouts of the United States of America continues
to inspire, challenge, and empower girls everywhere.
(11) March 12, 2012, will mark the 100th Anniversary of the
Girl Scouts of the United States of America.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 350,000 $1 coins in commemoration of the centennial of the
Girl Scouts of the USA, 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 sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the centennial of the Girl Scouts of
the United States of America.
(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 ``2011''; 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
Girl Scouts of the United States of America and the Commission
of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--
(1) In general.--Only 1 facility of the United States Mint
may be used to strike any particular quality of the coins
minted under this Act.
(2) Use of the united states mint at west point, new
york.--It is the sense of the Congress that the coins minted
under this Act should be struck at the United States Mint at
West Point, New York, to the greatest extent possible.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the calendar year beginning on January 1, 2011.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7 with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of $10 per 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 the Girl Scouts of the
United States of America to be made available for Girl Scout program
development and delivery.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Girl Scouts of the United States of America as may be
related to the expenditures of amounts paid under subsection (b). | Girl Scouts USA Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue up to 350,000 $1 coins in commemoration of the centennial of the founding of the Girl Scouts of the USA.
Requires the coin design to be emblematic of the 100 years of the organization.
Restricts issuance of such coins to calendar year 2011.
Subjects coin sales to a surcharge of $10 per coin.
Requires payment of such surcharges to the Girl Scouts of the United States of America for Girl Scout program development and delivery. | A bill to require the Secretary of the Treasury to mint coins in commemoration of the centennial of the establishment of the Girl Scouts of the United States of America. |
213 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agricultural Export Facilitation Act
of 2009''.
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) According to the United States Department of
Agriculture, Foreign Agricultural Service, 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 $2,511,600,000, excluding transportation, port
fees, and insurance costs beyond the port of exportation.
During the 2001, 2002, 2003, 2004, 2005, 2006, 2007, and 2008
calendar years Cuba purchased from United States exporters
approximately $4,600,000; $139,800,000; $247,600,000;
$383,900,000; $346,000,000; $320,800,000; $431,200,000; and
$691,103,000 in food and agricultural products, respectively.
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 Department of the Treasury 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 visas to enter the United States 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 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, in late 2004 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 to Cuba under the Trade Sanctions Reform and
Export Enhancement Act of 2000.
(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 the United
States 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.
(b) Purpose.--The purpose of this Act is to restate the intent of
Congress with respect to the Trade Sanctions Reform and Export
Enhancement Act of 2000, to remove impediments to present and future
sales of United States agricultural products to Cuba under such Act,
and to otherwise facilitate such sales.
SEC. 3. TRAVEL TO CUBA IN CONNECTION WITH AUTHORIZED SALES ACTIVITIES
UNDER THE TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT
ACT OF 2000.
Section 910 of the Trade Sanctions Reform and Export Enhancement
Act of 2000 (22 U.S.C. 7209) is amended by striking subsection (a) and
inserting the following:
``(a) Authorization of Travel Relating to Commercial Sale of
Agricultural Commodities, Medicine, and Medical Devices.--
``(1) In general.--The Secretary of the Treasury shall
promulgate regulations under which, at a minimum, the travel-
related transactions described in paragraph (2) may be
authorized by specific license or general license for travel
to, from, or within Cuba in connection with--
``(A) commercial export sales and transportation of
agricultural commodities, medicine, and medical devices
pursuant to this Act; and
``(B) sales and marketing activities of
agricultural commodities, medicine, and medical devices
pursuant to this Act.
``(2) Authorized travel-related transactions.--The travel-
related transactions referred to in paragraph (1) are the
following:
``(A) All transportation-related transactions
ordinarily incident to travel to and from Cuba.
``(B) All transactions ordinarily incident to
travel anywhere within Cuba.
``(C) The importation of Cuba-origin information
and information materials.
``(D) Remittances to nationals of Cuba who are
members of the remitter's immediate family.
``(E) All transactions incident to the processing
and payment of checks, drafts, travelers' checks, and
similar instruments negotiated in Cuba by any person
authorized pursuant to this Act to engage in financial
transactions in Cuba.
``(3) Sales and marketing activities defined.--
``(A) In general.--In paragraph (1), the term
`sales and marketing activities'--
``(i) means any activity that is undertaken
by a United States person in order to explore
the market in Cuba for the sale of agricultural
commodities, medicine, and medical devices
pursuant to this Act; and
``(ii) includes exhibiting, negotiating,
marketing, surveying the market, and delivering
and servicing agricultural commodities,
medicine, and medical devices pursuant to this
Act.
``(B) United states person defined.--In
subparagraph (A), the term `United States person'--
``(i) means the Federal Government, any
State or local government, or any private
person or entity of the United States; and
``(ii) includes a full-time employee,
executive, sales agent or consultant of a
producer, manufacturer, distributor, shipper,
United States air or seaport, or a carrier of
agricultural commodities, medicine, and medical
devices authorized for sale pursuant to this
Act, as well as an exhibitor, representative,
or member of a national or State trade
organization that promotes the interests of a
producer, manufacturer, or distributor of such
products.''.
SEC. 4. ISSUANCE OF VISAS TO CONDUCT ACTIVITIES IN ACCORDANCE WITH THE
TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT ACT OF
2000.
(a) Issuance of Visas.--Notwithstanding any other provision of law,
in the case of a Cuban national 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, a consular
officer (as defined in section 101(a)(9) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(9))) may issue a nonimmigrant visa
under section 101(a)(15)(B) of such Act (8 U.S.C. 1101(a)(15)(B)) to
the national, if the national is not inadmissible to the United States
under section 212 of such Act (8 U.S.C. 1182).
(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 Foreign Affairs 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 THE TRADE SANCTIONS REFORM
AND EXPORT ENHANCEMENT ACT OF 2000.
Section 908(b)(4) of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C. 7207(b)(4)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) the term `payment of cash in advance' means,
notwithstanding any other provision of law, 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 UNDER THE TRADE SANCTIONS
REFORM AND EXPORT ENHANCEMENT ACT OF 2000.
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 (22 U.S.C. 7201 et seq.). | Agricultural Export Facilitation Act of 2009 - Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 to require the Secretary of the Treasury to authorize under a specific or general license certain travel-related transactions for travel to, from, or within Cuba in connection with: (1) commercial export sales and transportation of agricultural commodities, medicine, and medical devices; and (2) sales and marketing activities of such articles.
Authorizes a consular official to issue a temporary tourist/business visa to a Cuban national (who is not otherwise inadmissible) whose itinerary documents an intent to conduct activities, including phytosanitary inspections, related to purchasing U.S. agricultural goods under the provisions of the Act.
Amends the Act to define "payment in cash in advance" as the payment by the purchaser of an agricultural commodity or product and the receipt of payment by the seller prior to the transfer of title and release of control of the commodity or product to the purchaser.
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 the Act. | To facilitate the sale of United States agricultural products to Cuba, as authorized by the Trade Sanctions Reform and Export Enhancement Act of 2000. |
214 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marketplace Fairness Act of 2013''.
SEC. 2. AUTHORIZATION TO REQUIRE COLLECTION OF SALES AND USE TAXES.
(a) Streamlined Sales and Use Tax Agreement.--Each Member State
under the Streamlined Sales and Use Tax Agreement is authorized to
require all sellers not qualifying for the small seller exception
described in subsection (c) to collect and remit sales and use taxes
with respect to remote sales sourced to that Member State pursuant to
the provisions of the Streamlined Sales and Use Tax Agreement, but only
if any changes to the Streamlined Sales and Use Tax Agreement made
after the date of the enactment of this Act are not in conflict with
the minimum simplification requirements in subsection (b)(2). A State
may exercise authority under this Act beginning 180 days after the
State publishes notice of the State's intent to exercise the authority
under this Act, but no earlier than the first day of the calendar
quarter that is at least 180 days after the date of the enactment of
this Act.
(b) Alternative.--A State that is not a Member State under the
Streamlined Sales and Use Tax Agreement is authorized notwithstanding
any other provision of law to require all sellers not qualifying for
the small seller exception described in subsection (c) to collect and
remit sales and use taxes with respect to remote sales sourced to that
State, but only if the State adopts and implements the minimum
simplification requirements in paragraph (2). Such authority shall
commence beginning no earlier than the first day of the calendar
quarter that is at least 6 months after the date that the State--
(1) enacts legislation to exercise the authority granted by
this Act--
(A) specifying the tax or taxes to which such
authority and the minimum simplification requirements
in paragraph (2) shall apply; and
(B) specifying the products and services otherwise
subject to the tax or taxes identified by the State
under subparagraph (A) to which the authority of this
Act shall not apply; and
(2) implements each of the following minimum simplification
requirements:
(A) Provide--
(i) a single entity within the State
responsible for all State and local sales and
use tax administration, return processing, and
audits for remote sales sourced to the State;
(ii) a single audit of a remote seller for
all State and local taxing jurisdictions within
that State; and
(iii) a single sales and use tax return to
be used by remote sellers to be filed with the
single entity responsible for tax
administration.
A State may not require a remote seller to file sales
and use tax returns any more frequently than returns
are required for nonremote sellers or impose
requirements on remote sellers that the State does not
impose on nonremote sellers with respect to the
collection of sales and use taxes under this Act. No
local jurisdiction may require a remote seller to
submit a sales and use tax return or to collect sales
and use taxes other than as provided by this paragraph.
(B) Provide a uniform sales and use tax base among
the State and the local taxing jurisdictions within the
State pursuant to paragraph (1).
(C) Source all remote sales in compliance with the
sourcing definition set forth in section 4(7).
(D) Provide--
(i) information indicating the taxability
of products and services along with any product
and service exemptions from sales and use tax
in the State and a rates and boundary database;
(ii) software free of charge for remote
sellers that calculates sales and use taxes due
on each transaction at the time the transaction
is completed, that files sales and use tax
returns, and that is updated to reflect rate
changes as described in subparagraph (H); and
(iii) certification procedures for persons
to be approved as certified software providers.
For purposes of clause (iii), the software provided by
certified software providers shall be capable of
calculating and filing sales and use taxes in all
States qualified under this Act.
(E) Relieve remote sellers from liability to the
State or locality for the incorrect collection,
remittance, or noncollection of sales and use taxes,
including any penalties or interest, if the liability
is the result of an error or omission made by a
certified software provider.
(F) Relieve certified software providers from
liability to the State or locality for the incorrect
collection, remittance, or noncollection of sales and
use taxes, including any penalties or interest, if the
liability is the result of misleading or inaccurate
information provided by a remote seller.
(G) Relieve remote sellers and certified software
providers from liability to the State or locality for
incorrect collection, remittance, or noncollection of
sales and use taxes, including any penalties or
interest, if the liability is the result of incorrect
information or software provided by the State.
(H) Provide remote sellers and certified software
providers with 90 days notice of a rate change by the
State or any locality in the State and update the
information described in subparagraph (D)(i)
accordingly and relieve any remote seller or certified
software provider from liability for collecting sales
and use taxes at the immediately preceding effective
rate during the 90-day notice period if the required
notice is not provided.
(c) Small Seller Exception.--A State is authorized to require a
remote seller to collect sales and use taxes under this Act only if the
remote seller has gross annual receipts in total remote sales in the
United States in the preceding calendar year exceeding $1,000,000. For
purposes of determining whether the threshold in this section is met,
the gross annual receipts from remote sales of 2 or more persons shall
be aggregated if--
(1) such persons are related to the remote seller within
the meaning of subsections (b) and (c) of section 267 or
section 707(b)(1) of the Internal Revenue Code of 1986; or
(2) such persons have 1 or more ownership relationships and
such relationships were designed with a principal purpose of
avoiding the application of these rules.
SEC. 3. LIMITATIONS.
(a) In General.--Nothing in this Act shall be construed as--
(1) subjecting a seller or any other person to franchise,
income, occupation, or any other type of taxes, other than
sales and use taxes;
(2) affecting the application of such taxes; or
(3) enlarging or reducing State authority to impose such
taxes.
(b) No Effect on Nexus.--This Act shall not be construed to create
any nexus or alter the standards for determining nexus between a person
and a State or locality.
(c) No Effect on Seller Choice.--Nothing in this Act shall be
construed to deny the ability of a remote seller to deploy and utilize
a certified software provider of the seller's choice.
(d) Licensing and Regulatory Requirements.--Nothing in this Act
shall be construed as permitting or prohibiting a State from--
(1) licensing or regulating any person;
(2) requiring any person to qualify to transact intrastate
business;
(3) subjecting any person to State or local taxes not
related to the sale of products or services; or
(4) exercising authority over matters of interstate
commerce.
(e) No New Taxes.--Nothing in this Act shall be construed as
encouraging a State to impose sales and use taxes on any products or
services not subject to taxation prior to the date of the enactment of
this Act.
(f) No Effect on Intrastate Sales.--The provisions of this Act
shall apply only to remote sales and shall not apply to intrastate
sales or intrastate sourcing rules. States granted authority under
section 2(a) shall comply with all intrastate provisions of the
Streamlined Sales and Use Tax Agreement.
(g) No Effect on Mobile Telecommunications Sourcing Act.--Nothing
in this Act shall be construed as altering in any manner or preempting
the Mobile Telecommunications Sourcing Act (4 U.S.C. 116-126).
SEC. 4. DEFINITIONS AND SPECIAL RULES.
In this Act:
(1) Certified software provider.--The term ``certified
software provider'' means a person that--
(A) provides software to remote sellers to
facilitate State and local sales and use tax compliance
pursuant to section 2(b)(2)(D)(ii); and
(B) is certified by a State to so provide such
software.
(2) Locality; local.--The terms ``locality'' and ``local''
refer to any political subdivision of a State.
(3) Member state.--The term ``Member State''--
(A) means a Member State as that term is used under
the Streamlined Sales and Use Tax Agreement as in
effect on the date of the enactment of this Act; and
(B) does not include any associate member under the
Streamlined Sales and Use Tax Agreement.
(4) Person.--The term ``person'' means an individual,
trust, estate, fiduciary, partnership, corporation, limited
liability company, or other legal entity, and a State or local
government.
(5) Remote sale.--The term ``remote sale'' means a sale
into a State, as determined under the sourcing rules under
paragraph (7), in which the seller would not legally be
required to pay, collect, or remit State or local sales and use
taxes unless provided by this Act.
(6) Remote seller.--The term ``remote seller'' means a
person that makes remote sales in the State.
(7) Sourced.--For purposes of a State granted authority
under section 2(b), the location to which a remote sale is
sourced refers to the location where the product or service
sold is received by the purchaser, based on the location
indicated by instructions for delivery that the purchaser
furnishes to the seller. When no delivery location is
specified, the remote sale is sourced to the customer's address
that is either known to the seller or, if not known, obtained
by the seller during the consummation of the transaction,
including the address of the customer's payment instrument if
no other address is available. If an address is unknown and a
billing address cannot be obtained, the remote sale is sourced
to the address of the seller from which the remote sale was
made. A State granted authority under section 2(a) shall comply
with the sourcing provisions of the Streamlined Sales and Use
Tax Agreement.
(8) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the United States Virgin Islands,
the Commonwealth of the Northern Mariana Islands, and any other
territory or possession of the United States, and any tribal
organization (as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b)).
(9) Streamlined sales and use tax agreement.--The term
``Streamlined Sales and Use Tax Agreement'' means the multi-
State agreement with that title adopted on November 12, 2002,
as in effect on the date of the enactment of this Act and as
further amended from time to time.
SEC. 5. SEVERABILITY.
If any provision of this Act or the application of such provision
to any person or circumstance is held to be unconstitutional, the
remainder of this Act and the application of the provisions of such to
any person or circumstance shall not be affected thereby.
SEC. 6. PREEMPTION.
Except as otherwise provided in this Act, this Act shall not be
construed to preempt or limit any power exercised or to be exercised by
a State or local jurisdiction under the law of such State or local
jurisdiction or under any other Federal law.
Passed the Senate May 6, 2013.
Attest:
NANCY ERICKSON,
Secretary. | Marketplace Fairness Act of 2013 - (Sec. 2) Authorizes each member state under the Streamlined Sales and Use Tax Agreement (the multi-state agreement for the administration and collection of sales and use taxes, adopted on November 12, 2002) to require all sellers not qualifying for the small-seller exception (applicable to remote sellers with annual gross receipts in total U.S. remote sales not exceeding $1 million in the preceding calendar year) to collect and remit sales and use taxes for remote sales under the provisions of the Agreement, but only if such Agreement complies with the minimum simplification requirements relating to the administration of such taxes, audits, and streamlined filing set forth by this Act. Authorizes any such state to exercise its authority under this Act beginning 180 days after publication of its intent to exercise such authority, but not earlier than the first day of the calendar quarter that is at least 180 days after the enactment of this Act. Allows a state that does not participate in the Streamlined Sales and Use Tax Agreement (non-member state) to collect and remit sales taxes if such state adopts and implements the minimum simplification requirements of this Act. Provides that such taxing authority shall commence no sooner than six months after such state: enacts legislation to specify the tax or taxes to which the simplification requirements apply; specifies the products and services otherwise subject to such taxes that would be exempt; implements minimum simplification requirements, including providing a single entity within the state responsible for all state and local sales and use tax administration, a single audit and tax return for all state and local jurisdictions, and a uniform sales and use tax base for all state and local taxing jurisdictions; adopts a uniform rule for sourcing all remote sales; provides information indicating the taxability of products and services and exemptions from tax; provides free software for remote sellers that calculates sales and use taxes, files tax returns, and updates tax rate changes; exempts remote sellers and certified software providers from liability for incorrect collection, remittance, or noncollection of sales and use taxes; and provides remote sellers and certified software providers with 90 days' notice of tax rate changes. (Sec. 3) Declares that nothing in this Act shall be construed to: subject a seller or any other person to franchise, income, occupation, or any other type of taxes, other than sales taxes, affect the application of such taxes, or enlarge or reduce state authority to impose such taxes; create any nexus or alter the standards for determining nexus between a person and a state or locality; deny the ability of a remote seller to deploy and utilize a certified software provider of the seller's choice; permit or prohibit a state from licensing or regulating any person, requiring any person to qualify to transact intrastate business, subjecting any person to state or local taxes not related to the sale of products or services, or exercising authority over matters of interstate commerce; encourage a state to impose sales and use taxes on any products or services not subject to taxation prior to the enactment of this Act; and alter or preempt the Mobile Telecommunications Sourcing Act. (Sec. 4) Sets forth definitions used in this Act, including defining "remote sale" to mean the sale of goods or services into a state in which the seller would not legally be required to pay, collect, or remit state or local sales and use taxes unless provided by this Act. Sets forth rules for determining the source of a remote sale (i.e., the location where the product or service sold is received by the purchaser). (Sec. 6) Declares that nothing in this Act shall be construed to preempt or limit any power exercised or to be exercised by a state or local jurisdiction or under federal law. | Marketplace Fairness Act of 2013 |
215 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Payroll Protection
Act of 2007''.
SEC. 2. REGULATION OF PAYROLL TAX DEPOSIT AGENTS.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986
(relating to miscellaneous provisions) is amended by adding at the end
the following new section:
``SEC. 7529. PAYROLL TAX DEPOSIT AGENTS.
``(a) Registration.--
``(1) In general.--The Secretary shall establish a system
to require the initial registration and the annual renewal of
the registration of persons seeking to act as payroll tax
deposit agents authorized to make Federal employment tax
deposits on behalf of employer taxpayers. Such system shall
also--
``(A) establish a registration and renewal fee for
each payroll tax deposit agent in an amount not to
exceed $100,
``(B) provide the payroll tax deposit agent the
option of either submitting a bond as specified in
subsection (b) or submitting to a quarterly
certification as specified in subsection (c),
``(C) require such disclosures as are specified in
subsection (d), and
``(D) provide penalties for unregistered persons
acting as payroll tax deposit agents with respect to
Federal tax deposits and for payroll tax deposit agents
who fail to furnish such disclosures as are specified
in subsection (d), in an amount not to exceed $10,000
for each 90 days of noncompliance.
``(2) Definition of payroll tax deposit agent.--For
purposes of this section, the term `payroll tax deposit agent'
means any person which provides payroll processing or tax
filing and deposit services to 1 or more employers (other than
an employer acting on its own behalf) if such person has the
contractual authority to access such employer's funds for the
purpose of making employment tax deposits. Such term shall not
include any person which only transfers such funds to the
appropriate government authority (regardless if such person has
the authority to determine the amount of such transfer) and
does not otherwise have the authority to access such funds.
``(3) Employment tax.--For purposes of this section, the
term `employment tax' includes unemployment insurance
contributions.
``(b) Bonding.--
``(1) In general.--If a payroll tax deposit agent elects to
submit a bond under subsection (a)(1)(B), the amount of such
bond shall be not less than $50,000 nor more than $500,000, and
shall be determined with respect to each payroll tax deposit
agent under regulations prescribed by the Secretary.
``(2) Surety.--Any bond or security furnished pursuant to
this section shall be in such form and with such surety or
sureties as may be prescribed by regulations issued pursuant to
section 7101.
``(3) Evidence of bond.--Evidence of such bond shall be
filed with the Secretary with the initial registration and each
annual renewal of the registration of persons licensed to act
as payroll tax deposit agents.
``(c) Quarterly Certifications.--If a payroll tax deposit agent
elects to submit to a quarterly certification under subsection
(a)(1)(B), such certification shall be performed by an independent
third party who is qualified to perform such certifications under
targeted criteria established by the Secretary, at the direction of the
Secretary, and shall be based on the following narrowly targeted
principles--
``(1) that the escrow account of the payroll tax deposit
agent in which such agent holds its employers' taxes is
balanced to the total of quarterly reconciliation statements
(i.e., Internal Revenue Service Forms 941 and State
equivalents), and any liabilities collected but not yet
deposited with the respective government authority,
``(2) that the escrow account funds of the payroll tax
deposit agent are not commingled with such agent's operating
funds,
``(3) that there is no evidence that the payroll tax
deposit agent used any of the funds in such agent's escrow
account to pay such agent's operating costs, and
``(4) that there is adequate receipt evidence that such
agent paid the required employment taxes on behalf of the
employers to the proper government employment tax authority.
A copy of each completed quarterly certification report shall be filed
quarterly with the Secretary and no payroll tax deposit agent shall
obtain its annual renewal of the registration of persons licensed to
act as payroll tax deposit agents unless all such copies have been
filed.
``(d) Disclosure.--The Secretary shall require payroll tax deposit
agents to disclose to each client prior to or at the time of
contracting for payroll services, and to each existing client at least
quarterly--
``(1) the client's continuing liability for payment of all
Federal and State employment taxes notwithstanding any
contractual relationship with a payroll tax deposit agent,
``(2) the mechanisms available to the client to verify the
amount and date of payment of all tax deposits made by the
payroll tax deposit agent on behalf of such client, including
the Internet address and telephone number of each Federal and
State employment tax authority related to such deposits, and
``(3) such other information that the Secretary determines
is necessary or appropriate to assist employers in the
selection and use of payroll tax deposit agents.
``(e) Tax Deposits and Returns.--Only persons registered under this
section may--
``(1) make Federal tax deposits on behalf of an employer,
``(2) sign and file Federal employment tax returns on
behalf of a taxpayer, and
``(3) have access to confidential tax information relating
to such employer.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the provisions of this section.''.
(b) Quarterly Certification Criteria.--In establishing the criteria
for the quarterly certification required under section 7529(c) of the
Internal Revenue Code of 1986, as added by subsection (a), the
Secretary of the Treasury shall ensure, to the extent practicable, that
the burden of the certification process on the payroll tax deposit
agent is minimized.
(c) Payroll Tax Deposit Agents Subject to Penalty for Failure To
Collect and Pay Over Tax, or Attempt To Evade or Defeat Tax.--
(1) In general.--Section 6672(a) of the Internal Revenue
Code of 1986 is amended by inserting ``, including any payroll
tax deposit agent (as defined in section 7531(a)(2)) who has
assumed the obligation to pay over any tax by contract with a
taxpayer (but only to the extent that such payroll tax deposit
agent has received irrevocable payment of funds for the
corresponding tax liabilities from such taxpayer),'' after
``imposed by this title''.
(2) Penalty not subject to discharge in bankruptcy.--
Section 6672(a) is further amended by adding at the end the
following new sentence: ``Notwithstanding any other provision
of law, no penalty imposed under this section may be discharged
in bankruptcy.''.
(3) Conforming amendment.--Section 6672(b)(1) of the
Internal Revenue Code of 1986 (relating to preliminary notice
requirement) is amended by striking the word ``taxpayer'' and
inserting the word ``person'' each time it appears.
(4) Construction.--The amendment made by paragraph (1)
shall not be construed to create any inference with respect to
the interpretation of section 6672 of the Internal Revenue Code
of 1986 as such section was in effect on the day before the
date of the enactment of this Act.
(d) Clerical Amendment.--The table of sections for such chapter 77
is amended by adding at the end the following new item:
``Sec. 7529. Payroll tax deposit agents.''.
(e) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date
of the enactment of this Act.
(2) Penalty.--The amendments made by subsection (c) shall
apply to failures occurring after the date of the enactment of
this Act.
SEC. 3. VERIFICATION OF ADDRESS CHANGE.
(a) In General.--Chapter 25 of the Internal Revenue Code of 1986
(relating to general provisions) is amended by adding at the end the
following new section:
``SEC. 3511. VERIFICATION OF ADDRESS CHANGE.
``The Secretary shall issue a notice of confirmation of any address
change relating to an employer making tax payments under this subtitle,
and such notice shall be sent to both the employer's former and new
address.''.
(b) Clerical Amendment.--The table of sections for such chapter 25
is amended by adding at the end the following new item:
``Sec. 3511. Verification of address change.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 180 days after the date of the enactment of
this Act. | Small Business Payroll Protection Act of 2007 - Amends the Internal Revenue Code to require the Secretary of the Treasury to establish a registration system for payroll tax deposit agents (defined as any person that provides payroll processing or tax filing and deposit service to one or more employers). Requires such agents to: (1) submit a bond or to submit to quarterly third-party certifications; (2) make certain disclosures to their clients concerning liability for payment of employment taxes; and (3) pay penalties for failing to collect or pay over employment taxes or for attempting to evade or defeat payment of such taxes.
Requires the Secretary of the Treasury to: (1) issue a notice of confirmation of any address change for an employer making employment tax payments; and (2) send such notice to both the employer's former and new address. | A bill to amend the Internal Revenue Code of 1986 to regulate payroll tax deposit agents. |
216 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Democratizing Access to Capital Act
of 2011''.
SEC. 2. CROWDFUNDING EXEMPTION.
Section 4 of the Securities Act of 1933 (15 U.S.C. 77d) is
amended--
(1) in paragraph (2), by inserting before the period at the
end ``, other than as provided in paragraph (6)'';
(2) by striking ``The provisions'' and inserting the
following:
``(a) In General.--The provisions''; and
(3) by adding at the end the following:
``(6) subject to subsection (b), transactions involving the
issuance of securities through a crowdfunding intermediary,
whether or not the transaction involves a public offering, for
which--
``(A) the aggregate annual amount raised through
the issue of the securities is $1,000,000 or less
during any 12-month period, by any incorporated entity
formed under and subject to the law of any State; and
``(B) individual investments in the securities are
limited to an aggregate annual amount of not more than
$1,000.
``(b) Certain Crowdfunding Exemption Criteria.--
``(1) In general.--In order to qualify for the exemption
under subsection (a)(6), the issuer shall--
``(A) disclose to investors all rights of
investors, including complete information about the
risks, obligations, benefits, history, and costs of
offering;
``(B) be an incorporated entity formed under and
subject to the law of a State; and
``(C) file such notice with the Commission as the
Commission shall prescribe.
``(2) Disqualification.--Not later than 90 days after the
date of enactment of this Act, the Commission shall, by rule or
regulation, establish disqualification provisions under which a
person shall not be eligible to utilize the exemption under
subsection (a)(6), or to participate in the affairs of a
crowdfunding intermediary facilitating the use of that
exemption. Such provisions shall be substantially similar to
the disqualification provisions contained in the regulations
adopted in accordance with section 926 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act (1512 U.S.C. 77d
note).
``(3) Restricted securities.--Securities issued under a
transaction described in subsection (a)(6) shall be considered
restricted securities, subject to a one-year holding period.''.
SEC. 3. EXCLUSION OF CROWDFUNDING INVESTORS FROM SHAREHOLDER CAP.
Section 12(g)(5) of the Securities Exchange Act of 1934 (15 U.S.C.
78l(g)(5)) is amended--
(1) by striking ``For the purposes'' and inserting:
``(A) In general.--For the purposes''; and
(2) by adding at the end the following:
``(B) Exclusion for persons holding certain
securities.--For purposes of this subsection, the term
`held of record' shall not include holders of
securities issued pursuant to transactions described
under section 4(a)(6) of the Securities Act of 1933.''.
SEC. 4. PREEMPTION OF STATE LAW.
Section 18(b)(4) of the Securities Act of 1933 (15 U.S.C.
77r(b)(4)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following:
``(C) section 4(a)(6);''.
SEC. 5. STATE FRAUD AUTHORITY.
Section 18(c)(1) of the Securities Act of 1933 (15 U.S.C.
77r(c)(1)) is amended by striking ``or dealer'' and inserting ``,
dealer, or crowdfunding intermediaries''.
SEC. 6. NOTICE FILINGS PERMITTED.
Section 18(c)(2) of the Securities Act of 1933 (15 U.S.C.
77r(c)(2)) is amended by inserting after subsection (D) the following:
``(E) Fees not permitted on crowdfunded
securities.--Notwithstanding subparagraphs (A), (B),
and (C), no filing or fee may be required with respect
to any security that is a covered security pursuant to
subsection (b)(4)(C), or will be such a covered
security upon completion of the transaction, except for
the securities commission (or any agency or office
performing like functions) of the State of the issuer's
State of organization, or any State in which purchasers
of 50 percent or greater of the aggregate amount of the
issue are a residents.''.
SEC. 7. BROKER AND DEALER EXEMPTIONS.
(a) Brokers.--Section 3(a)(4) of the Securities Exchange Act of
1934 (15 U.S.C. 780c(a)(4)) is amended by adding at the end the
following:
``(G) Exemption for crowdfunding intermediaries.--
``(i) In general.--The term `broker' does
not include any crowdfunding intermediary.
``(ii) Definition.--For purposes of this
paragraph, the term `crowdfunding intermediary'
means any intermediary that--
``(I) is open to and accessible by
the general public;
``(II) provides public
communication portals for investors and
potential investors;
``(III) warns investors of the
speculative nature generally applicable
to investments in startups, emerging
businesses, and small issuers,
including risks in the secondary market
related to illiquidity;
``(IV) warns investors that they
are subject to a 1-year restriction on
sales of securities issued;
``(V) takes reasonable measures to
reduce the risk of fraud with respect
to such transaction;
``(VI) prohibits its employees from
investing in the offerings made through
the crowdfunding intermediary, or to
have any financial interest in the
companies posting offerings through the
crowdfunding intermediary;
``(VII) does not offer investment
advice or recommendations;
``(VIII) provides to the
Commission--
``(aa) the crowdfunding
intermediary's physical
address, website address, and
the names of the crowdfunding
intermediary and employees of
the crowdfunding intermediary,
keeping such information up-to-
date; and
``(bb) continuous investor-
level access to the
intermediary's website;
``(IX) requires each potential
investor to answer questions
demonstrating competency in--
``(aa) recognition of the
level of risk generally
applicable to investments in
startups, emerging businesses,
and small issuers;
``(bb) risk of illiquidity;
and
``(cc) such other areas as
the Commission may determine
appropriate;
``(X) requires the issuer to state
a target offering amount and withhold
capital formation proceeds until
aggregate capital raised from investors
other than the issuer is not less than
60 percent of the target offering
amount;
``(XI) carries out a background
check on the issuer's principals;
``(XII) provides the Commission
with basic notice of the offering, not
later than the first day on which funds
are solicited from potential investors,
including--
``(aa) the issuer's name,
legal status, physical address,
and website address;
``(bb) the names of the
issuer's principals;
``(cc) the stated purpose
and intended use of the capital
formation funds sought by the
issuer; and
``(dd) the target offering
amount;
``(XIII) outsources cash-management
functions to a qualified third-party
custodian, such as a traditional broker
or dealer or insured depository
institution;
``(XIV) maintains such books and
records as the Commission determines
appropriate; and
``(XV) defines and makes available
the process for raising and resolving a
complaint, including alternatives
available to investors if the
crowdfunding intermediary is unable to
resolve a dispute to the satisfaction
of the investor.''.
(b) Dealers.--Section 3(a)(5) of the Securities Exchange Act of
1934 (15 U.S.C. 780c(a)(4)) is amended by adding at the end the
following:
``(D) Exemption for crowdfunding intermediaries.--
The term `dealer' does not include any crowdfunding
intermediary described in paragraph (4)(G).''.
SEC. 8. CONFORMING AMENDMENTS.
(a) Securities Act of 1933.--The Securities Act of 1933 (15 U.S.C.
77a et seq.) is amended by striking ``section 4'' each place that term
appears (other than in the amendments made by sections 1 through 4 of
this Act) and inserting ``section 4(a)''.
(b) Securities Exchange Act of 1934.--Section 28(f)(5)(E) of the
Securities Exchange Act of 1934 (15 U.S.C. 78bb(f)(5)(E)) is amended by
striking ``section 4(2)'' and inserting ``section 4(a)(2)''. | Democratizing Access to Capital Act of 2011 - Amends the Securities Act of 1933 to exempt from its prohibitions against use of interstate commerce and the mails for sale (or delivery after sale) of unregistered securities, including unregistered security-based swaps, any transactions involving the issuance of securities through a crowdfunding intermediary, whether or not the transaction involves a public offering, for which: (1) the aggregate annual amount raised through the issue of the securities during any 12-month period by an incorporated entity formed under state law is $1 million or less, and (2) individual investments in the securities are limited to a maximum aggregate annual amount of $1,000.
(Crowdfunding is a method of capital formation where groups of people pool money, typically composed of very small individual contributions, and often via internet platforms, to invest in a company or otherwise support an effort by others to accomplish a specific goal.)
Sets forth criteria for the crowdfunding exemption.
Amends the Securities Act of 1934 to exclude: (1) persons holding crowdfunded securities under this Act from application of the 500-to-750 shareholder "held of record" criterion for a class of equity security subject to mandatory registration, and (2) crowdfunding intermediaries from regulation under such Act as "brokers" or "dealers."
Amends the Securities Act of 1933 to preempt state law with respect to regulation of crowdfunded securities. Subjects crowdfunding intermediaries, however, to state authority to investigate and bring enforcement actions with respect to fraud, deceit, or unlawful conduct in connection with securities or securities transactions.
Limits authority to impose fees on crowdfunded securities to: (1) the securities commission of the issuer's state of organization, or (2) any state in which purchasers of 50% or greater of the aggregate amount of the issue are residents. | A bill to amend the securities laws to provide for registration exemptions for certain crowdfunded securities, and for other purposes. |
217 | SECTION 1. TITLE.
This Act may be cited as the ``Federal Financial Assistance
Management Improvement Act of 1998''.
SEC. 2. FINDINGS.
Congress finds that--
(1) there are over 600 different Federal financial
assistance programs to implement domestic policy;
(2) while the assistance described in paragraph (1) has
been directed at critical problems, some Federal administrative
requirements may be duplicative, burdensome or conflicting,
thus impeding cost-effective delivery of services at the local
level;
(3) State, local, and tribal governments and private,
nonprofit organizations are dealing with increasingly complex
problems that require the delivery and coordination of many
kinds of services; and
(4) streamlining and simplification of Federal financial
assistance administrative procedures and reporting requirements
will improve the delivery of services to the public.
SEC. 3. PURPOSES.
The purposes of this Act are to--
(1) improve the effectiveness and performance of Federal
financial assistance programs;
(2) simplify Federal financial assistance application and
reporting requirements;
(3) improve the delivery of services to the public; and
(4) facilitate greater coordination among those responsible
for delivering such services.
SEC. 4. DEFINITIONS.
In this Act:
(1) Common rule.--The term ``common rule'' means a
government-wide uniform rule for any generally applicable
requirement established to achieve national policy objectives
that applies to multiple Federal financial assistance programs
across Federal agencies.
(2) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(3) Federal agency.--The term ``Federal agency'' means any
agency as defined under section 551(1) of title 5, United
States Code.
(4) Federal financial assistance program.--The term
``Federal financial assistance program'' means a domestic
assistance program (as defined under section 6101(4) of title
31, United States Code) under which financial assistance is
available, directly or indirectly, to a State, local, or tribal
government or a qualified organization to carry out activities
consistent with national policy goals.
(5) Local government.--The term ``local government''
means--
(A) a political subdivision of a State that is a
unit of general local government (as defined under
section 6501(10) of title 31, United States Code);
(B) any combination of political subdivisions
described in subparagraph (A); or
(C) a local educational agency as defined under
section 14101(18) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8801(18)).
(6) Qualified organization.--The term ``qualified
organization'' means a private, nonprofit organization
described in section 501(c)(3) of the Internal Revenue Code of
1986 that is exempt from taxation under section 501(a) of the
Internal Revenue Code of 1986.
(7) State.--The term ``State'' means each of the 50 States,
the District of Columbia, Puerto Rico, American Samoa, Guam,
and the Virgin Islands.
(8) Tribal government.--The term ``tribal government''
means the governing entity of an Indian tribe, as that term is
defined in the Indian Self Determination and Education
Assistance Act (25 U.S.C. 450b).
SEC. 5. DUTIES OF THE DIRECTOR.
(a) In General.--The Director, in consultation with agency heads,
shall direct, coordinate, and assist Federal agencies in establishing--
(1) a uniform application, or set of uniform applications,
to be used by an applicant to apply for assistance from
multiple Federal financial assistance programs that serve
similar purposes and are administered by different Federal
agencies;
(2) ways to streamline and simplify Federal financial
assistance administrative procedures and reporting requirements
for grantees;
(3) a uniform system wherein an applicant may apply for,
manage, and report on the use of, funding from multiple Federal
financial assistance programs across different Federal
agencies;
(4) a process for applicants to electronically apply for,
and report on the use of, funds from Federal financial
assistance programs;
(5) use of common rules for multiple Federal financial
assistance programs across different Federal agencies;
(6) improved interagency and intergovernmental coordination
of information collection and sharing of data pertaining to
Federal financial assistance programs, including the
development of a release form to be used by grantees to
facilitate the sharing of information across multiple Federal
financial assistance programs;
(7) a process to strengthen the information resources
management capacity of State, local, and tribal governments and
qualified organizations pertaining to the administration of
Federal financial assistance programs; and
(8) specific annual goals and objectives to further the
purposes of this Act.
(b) Actions Consistent With Statutory Requirements.--The actions
taken by the Director under subsection (a) shall be consistent with
statutory requirements relating to any applicable Federal financial
assistance program.
(c) Lead Agency and Working Groups.--The Director may designate a
lead agency to assist the Director in carrying out the responsibilities
under this section. The Director may use interagency working groups to
assist in carrying out such responsibilities.
(d) Review of Plans and Reports.--
(1) In general.--The Director shall--
(A) review agency plans and reports developed under
section 6 for adequacy;
(B) monitor the annual performance of each agency
toward achieving the goals and objectives stated in the
agency plan; and
(C) ensure that each agency plan does not diminish
standards to measure performance and accountability of
financial assistance programs.
(2) Report.--Not later than 3 years after the date of
enactment of this Act, the Director shall report to Congress on
implementation of this section. Such a report may be included
as part of any of the general management reports required under
law.
(e) Exemptions.--
(1) In general.--The Director may exempt any Federal agency
from the requirements of this Act if the Director determines
that the agency does not have a significant number of Federal
financial assistance programs.
(2) Agencies exempted.--Not later than November 1 of each
fiscal year, the Director shall submit to the Committee on
Governmental Affairs of the Senate and the Committee on
Government Reform and Oversight of the House of
Representatives--
(A) a list of each agency exempted under this
subsection in the preceding fiscal year; and
(B) an explanation for each such exemption.
(f) Guidance.--Not later than 120 days after the date of enactment
of this Act, the Director shall issue guidance to Federal agencies on
implementation of the requirements of this Act. Such guidance shall
include a statement on the common rules that the Director intends to
review and standardize under this Act.
SEC. 6. DUTIES OF FEDERAL AGENCIES.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, each Federal agency shall develop and implement
a plan that--
(1) streamlines and simplifies the application,
administrative, and reporting procedures for each financial
assistance program administered by the agency;
(2) demonstrates active participation in the interagency
process required the applicable provisions of section 5(a);
(3) demonstrates agency use, or plans for use, of the
uniform application (or set of applications) and system
developed under section 5(a) (1) and (3);
(4) designates a lead agency official for carrying out the
responsibilities of the agency under this Act;
(5) allows applicants to electronically apply for, and
report on the use of, funds from the Federal financial
assistance program administered by the agency;
(6) strengthens the information resources management
capacity of State, local and tribal governments and qualified
organizations pertaining to the administration of the financial
assistance program administered by the agency; and
(7) in cooperation with State, local, and tribal
governments and qualified organizations, establishes specific
annual goals and objectives to further the purposes of this Act
and measure annual performance in achieving those goals and
objectives.
(b) Plan Consistent With Statutory Requirements.--Each plan
developed and implemented under this section shall be consistent with
statutory requirements relating to any applicable Federal financial
assistance program.
(c) Comment and Consultation on Agency Plans.--
(1) Comment.--Each Federal agency shall publish the plan
developed under subsection (a) in the Federal Register and
shall receive public comment on the plan through the Federal
Register and other means (including electronic means). To the
maximum extent practicable, each Federal agency shall hold
public hearings or related public forums on the plan.
(2) Consultation.--The lead official designated under
subsection (a)(4) shall consult regularly with representatives
of State, local and tribal governments and qualified
organizations during development of the plan. Consultation with
representatives of State, local, and tribal governments shall
be in accordance with section 204 of the Unfunded Mandates
Reform Act of 1995 (2 U.S.C. 1534).
(d) Submission of Plan.--Each Federal agency shall submit the plan
developed under subsection (a) to the Director and Congress and report
annually thereafter on the implementation of the plan and performance
of the agency in meeting the goals and objectives specified under
subsection (a)(7). Such a report may be included as part of any of the
general management reports required under law.
SEC. 7. EVALUATION.
(a) In General.--The Director (or the lead agency designated under
section 5(c)) shall contract with the National Academy of Public
Administration to evaluate the effectiveness of this Act. Not later
than 4 years after the date of enactment of this Act the evaluation
shall be submitted to the lead agency, the Director, and Congress.
(b) Contents.--The evaluation under subsection (a) shall--
(1) assess the effectiveness of this Act in meeting the
purposes of this Act and make specific recommendations to
further the implementation of this Act;
(2) evaluate actual performance of each agency in achieving
the goals and objectives stated in agency plans; and
(3) assess the level of coordination and cooperation among
the Director, Federal agencies, State, local, and tribal
governments, and qualified organizations in implementing this
Act.
SEC. 8. EFFECTIVE DATE AND SUNSET.
This Act shall take effect on the date of enactment of this Act and
shall cease to be effective on and after 5 years after such date of
enactment. | Federal Financial Assistance Management Improvement Act of 1998 - Directs the Director of the Office of Management and Budget, in consultation with Federal agency heads, to coordinate and assist Federal agencies in establishing: (1) a uniform Federal financial assistance application or set of such uniform applications; (2) ways to streamline Federal financial assistance administrative procedures and reporting requirements for grantees; (3) a uniform Federal financial assistance system; (4) an electronic application and reporting process; (5) use of common rules; (6) improved interagency and intergovernmental coordination of information collection and sharing of data, including the development of a release form to be used by grantees; (7) a process to strengthen the information resources management capacity of State and local governments and qualified organizations; and (8) specific annual goals and objectives to further the purposes of this Act. Permits the Director to designate a lead agency to assist him or her and use interagency working groups to assist in carrying out such responsibilities.
Requires the Director to: (1) review agency plans and reports developed under this Act for adequacy; (2) monitor each agency's annual performance toward achieving the goals and objectives stated in the agency's plan; (3) ensure that each agency plan does not diminish standards to measure performance and accountability of financial assistance programs; and (4) report to the Congress on implementation of this Act.
Exempts any Federal agency from the requirements of this Act if the Director determines that the agency does not have a significant number of Federal financial assistance programs. Requires the Director, not later than November 1 of each fiscal year, to submit to the Senate Committee on Governmental Affairs and the House Committee on Government Reform and Oversight: (1) a list of each agency exempted in the preceding fiscal year; and (2) an explanation for each such exemption.
Directs the Director to issue guidance on implementation of the requirements of this Act, including a statement on the common rules that he or she intends to review and standardize under this Act.
Sets specifications for the development and implementation of plans by Federal agencies, including for each agency to designate a lead agency official for carrying out the agency's responsibilities under this Act. Requires the lead official to consult regularly with representatives of State and local governments and qualified organizations during development of the plan. Requires each Federal agency to submit the plan to the Director and the Congress and report annually thereafter on the implementation of the plan and the agency's performance in meeting the goals and objectives specified under this Act.
Directs the Director or the lead agency to contract with the National Academy of Public Administration to evaluate the effectiveness of this Act. Requires the evaluation to be submitted to the lead agency, the Director, and the Congress. Terminates this Act five years after enactment. | Federal Financial Assistance Management Improvement Act of 1998 |
218 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Working Families Gas Tax Credit Act
of 2008''.
SEC. 2. CREDIT FOR GASOLINE AND DIESEL FUEL USED IN HIGHWAY VEHICLES
FOR NONBUSINESS PURPOSES.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by adding after section 25D the following
new section:
``SEC. 25E. CREDIT FOR GASOLINE AND DIESEL FUEL USED IN HIGHWAY
VEHICLES FOR NONBUSINESS PURPOSES.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the aggregate qualified taxable
fuel expenditures made by the taxpayer during such year.
``(b) Limitation.--The credit allowed under subsection (a) for a
taxable year shall not exceed $500 ($1,000 in the case of a joint
return).
``(c) Qualified Taxable Fuel Expenditures.--For purposes of this
section--
``(1) In general.--The term `qualified taxable fuel
expenditures' means amounts paid for a taxable fuel (as defined
by section 4083(a) (without regard to paragraph (1)(C) thereof)
for a nonbusiness use in a highway vehicle.
``(2) Exception.--Such term does not include amounts paid
for any fuel with respect to which a credit is allowed under
section 34 or a refund allowed under section 6420, 6421, or
6427.
``(d) Limitation Based on Modified Adjusted Gross Income.--The
amount which would (but for this subsection) be taken into account
under subsection (a) for the taxable year shall be reduced (but not
below zero) by 5 percent of so much of the taxpayer's adjusted gross
income as exceeds $75,000 ($150,000 in the case of a joint return).
``(e) Rate of Increase in Price of a Gallon of Gasoline Must Exceed
Rate of Inflation by Not Less Than 300 Percent.--
``(1) General rule.--Subsection (a) shall not apply for any
taxable year unless the Secretary determines that the
percentage change in the price of a gallon of gasoline for the
taxable year is not less than 300 percent of the change in the
inflation rate for such taxable year.
``(2) Percentage change in the price of a gallon of
gasoline.--For purposes of paragraph (1), the percentage change
in the price of a gallon of gasoline for a taxable year is the
percentage (if any) by which--
``(A) the average price of a gallon of gasoline as
of the close of the taxable year, exceeds
``(B) the average price of a gallon gasoline as of
the beginning of the taxable year.
``(3) Inflation rate.--For purposes of paragraph (1), the
inflation rate for the determination period is the percentage
(if any) by which--
``(A) the average of the Consumer Price Index as of
the close of the taxable year, exceeds
``(B) the average of the Consumer Price Index as of
the beginning of the taxable year.
``(4) Price of a gallon of gasoline.--For purposes of this
subsection, the price of a gallon of gasoline shall be as
determined under the U.S. Regular All Formulations Retail
Gasoline Prices by the Energy Information Administration of the
Department of Energy.
``(5) Consumer price index.--For the purposes of this
subsection, the term `Consumer Price Index' means the last
Consumer Price Index for all-urban consumers published by the
Department of Labor. For purposes of the preceding sentence,
the revision of the Consumer Price Index which is most
consistent with the Consumer Price Index for calendar year 1986
shall be used.
``(f) Adjustments for Inflation.--In the case of a taxable year
beginning after December 31, 2008, each of the dollar amounts in
subsection (b) and (d) shall be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable year
begins, determined by substituting `calendar year 2007' for
`calendar year 1992' in subparagraph (B) thereof. If any amount
as increased under the preceding sentence is not a multiple of
$50, such amount shall be rounded to the nearest multiple of
$50.
If, in the case of any amount in subsection (b) as increased under the
preceding sentence, is not a multiple of $10, such amount shall be
rounded to the nearest multiple of $10, and if, in the case of any
amount in subsection (d) as increased under the preceding sentence, is
not a multiple of $100, such amount shall be rounded to the nearest
multiple of $100.
``(g) Guidance.--Not later than January 31 of each year, the
Secretary shall promulgate such guidance as may be necessary or
appropriate to carry out the provisions of this section with respect to
the preceding taxable year.''.
(b) Clerical Amendment.--The table of sections for subpart A of
such part IV is amended by inserting after the item relating to section
25D the following new item:
``Sec. 25E. Credit for gasoline and diesel fuel used in highway
vehicles for nonbusiness purposes.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007. | Working Families Gas Tax Credit Act of 2008 - Amends the Internal Revenue Code to allow a tax credit for up to $500 ($1,000 in the case of a joint return) of the cost of gasoline and diesel used in highway vehicles for a nonbusiness purpose when the increase in the price of a gallon of gasoline exceeds the annual inflation rate by not less than 300%. Phases out the amount of such credit for taxpayers with adjusted gross incomes exceeding $75,000 ($150,000 in the case of a joint return). | To amend the Internal Revenue Code of 1986 to allow a nonrefundable credit against income tax liability for gasoline and diesel fuel used in highway vehicles for nonbusiness purposes. |
219 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bulk Cash Smuggling Act of 2001''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Effective enforcement of the currency reporting
requirements of subchapter II of chapter 53 of title 31, United
States Code, and the regulations prescribed under such
subchapter, has forced drug dealers and other criminals engaged
in cash-based businesses to avoid using traditional financial
institutions.
(2) In their effort to avoid using traditional financial
institutions, drug dealers and other criminals are forced to
move large quantities of currency in bulk form to and through
the airports, border crossings, and other ports of entry where
the currency can be smuggled out of the United States and
placed in a foreign financial institution or sold on the black
market.
(3) The transportation and smuggling of cash in bulk form
may now be the most common form of money laundering, and the
movement of large sums of cash is one of the most reliable
warning signs of drug trafficking, terrorism, money laundering,
racketeering, tax evasion and similar crimes.
(4) The intentional transportation into or out of the
United States of large amounts of currency or monetary
instruments, in a manner designed to circumvent the mandatory
reporting provisions of subchapter II of chapter 53 of title
31, United States Code, is the equivalent of, and creates the
same harm as, the smuggling of goods.
(5) The arrest and prosecution of bulk cash smugglers are
important parts of law enforcement's effort to stop the
laundering of criminal proceeds, but the couriers who attempt
to smuggle the cash out of the United States are typically low-
level employees of large criminal organizations, and thus are
easily replaced. Accordingly, only the confiscation of the
smuggled bulk cash can effectively break the cycle of criminal
activity of which the laundering of the bulk cash is a critical
part.
(6) The current penalties for violations of the currency
reporting requirements are insufficient to provide a deterrent
to the laundering of criminal proceeds. In particular, in cases
where the only criminal violation under current law is a
reporting offense, the law does not adequately provide for the
confiscation of smuggled currency. In contrast, if the
smuggling of bulk cash were itself an offense, the cash could
be confiscated as the corpus delicti of the smuggling offense.
(b) Purposes.--The purposes of this Act are as follows:
(1) To make the act of smuggling bulk cash itself a
criminal offense.
(2) To authorize forfeiture of any smuggled cash and other
monetary instruments, together with any other property involved
in the smuggling offense.
(3) To emphasize the seriousness of the act of bulk cash
smuggling.
(4) To prescribe guidelines for determining the amount of
property subject to forfeiture in various situations.
SEC. 3. BULK CASH SMUGGLING INTO OR OUT OF THE UNITED STATES.
(a) Enactment of Bulk Cash Smuggling Offense.--Subchapter II of
chapter 53 of title 31, United States Code, is amended by adding at the
end the following:
``Sec. 5331. Bulk cash smuggling into or out of the United States
``(a) Criminal Offense.--
``(1) In general.--Whoever, with the intent to evade a
currency reporting requirement under section 5316, knowingly
conceals more than $10,000 in currency or other monetary
instruments on the person of such individual or in any
conveyance, article of luggage, merchandise, or other
container, and transports or transfers or attempts to transport
or transfer such currency or monetary instruments from a place
within the United States to a place outside of the United
States, or from a place outside the United States to a place
within the United States, shall be guilty of a currency
smuggling offense and subject to punishment pursuant to
subsection (b).
``(2) Concealment on person.--For purposes of this section,
the concealment of currency on the person of any individual
includes concealment in any article of clothing worn by the
individual or in any luggage, backpack, or other container worn
or carried by such individual.
``(b) Penalty.--
``(1) Term of imprisonment.--A person convicted of a
currency smuggling offense under subsection (a), or a
conspiracy to commit such offense, shall be imprisoned for not
more than 5 years.
``(2) Forfeiture.--In addition, the court, in imposing
sentence under paragraph (1), shall order that the defendant
forfeit to the United States, any property, real or personal,
involved in the offense, and any property traceable to such
property, subject to subsection (d) of this section.
``(3) Procedure.--The seizure, restraint, and forfeiture of
property under this section shall be governed by section 413 of
the Controlled Substances Act.
``(4) Personal money judgment.--If the property subject to
forfeiture under paragraph (2) is unavailable, and the
defendant has insufficient substitute property that may be
forfeited pursuant to section 413(p) of the Controlled
Substances Act, the court shall enter a personal money judgment
against the defendant for the amount that would be subject to
forfeiture.
``(c) Civil Forfeiture.--
``(1) In general.--Any property involved in a violation of
subsection (a), or a conspiracy to commit such violation, and
any property traceable to such violation or conspiracy, may be
seized and, subject to subsection (d) of this section,
forfeited to the United States.
``(2) Procedure.--The seizure and forfeiture shall be
governed by the procedures governing civil forfeitures in money
laundering cases pursuant to section 981(a)(1)(A) of title 18,
United States Code.
``(3) Treatment of certain property as involved in the
offense.--For purposes of this subsection and subsection (b),
any currency or other monetary instrument that is concealed or
intended to be concealed in violation of subsection (a) or a
conspiracy to commit such violation, any article, container, or
conveyance used, or intended to be used, to conceal or
transport the currency or other monetary instrument, and any
other property used, or intended to be used, to facilitate the
offense, shall be considered property involved in the offense.
``(d) Proportionality of Forfeiture.--
``(1) In general.--Upon a showing by the property owner by
a preponderance of the evidence that the currency or monetary
instruments involved in the offense giving rise to the
forfeiture were derived from a legitimate source, and were
intended for a lawful purpose, the court shall reduce the
forfeiture to the maximum amount that is not grossly
disproportional to the gravity of the offense.
``(2) Factors to be considered.--In determining the amount
of the forfeiture, the court shall consider all aggravating and
mitigating facts and circumstances that have a bearing on the
gravity of the offense, including the following:
``(A) The value of the currency or other monetary
instruments involved in the offense.
``(B) Efforts by the person committing the offense
to structure currency transactions, conceal property,
or otherwise obstruct justice.
``(C) Whether the offense is part of a pattern of
repeated violations of Federal law.''.
(b) Conforming Amendment.--The table of sections for subchapter II
of chapter 53 of title 31, United States Code, is amended by inserting
after the item relating to section 5330, the following new item:
``5331. Bulk cash smuggling into or out of the United States.''.
SEC. 4. FORFEITURE IN CURRENCY REPORTING CASES.
(a) In General.--Subsection (c) of section 5317 of title 31, United
States Code, is amended to read as follows:
``(c) Forfeiture.--
``(1) In general.--The court in imposing sentence for any
violation of section 5313, 5316, or 5324, or any conspiracy to
commit such violation, shall order the defendant to forfeit all
property, real or personal, involved in the offense and any
property traceable thereto.
``(2) Procedure.--Forfeitures under this subsection shall
be governed by the procedures established in section 413 of the
Controlled Substances Act and the guidelines established in
paragraph (4).
``(3) Civil forfeiture.--Any property involved in a
violation of section 5313, 5316, or 5324, or any conspiracy to
commit any such violation, and any property traceable to any
such violation or conspiracy, may be seized and, subject to
paragraph (4), forfeited to the United States in accordance
with the procedures governing civil forfeitures in money
laundering cases pursuant to section 981(a)(1)(A) of title 18,
United States Code.
``(4) Proportionality of forfeiture.--
``(A) In general.--Upon a showing by the property
owner by a preponderance of the evidence that any
currency or monetary instruments involved in the
offense giving rise to the forfeiture were derived from
a legitimate source, and were intended for a lawful
purpose, the court shall reduce the forfeiture to the
maximum amount that is not grossly disproportional to
the gravity of the offense.
``(B) Factors to be considered.--In determining the
amount of the forfeiture, the court shall consider all
aggravating and mitigating facts and circumstances that
have a bearing on the gravity of the offense, including
the following:
``(i) The value of the currency or other
monetary instruments involved in the offense.
``(ii) Efforts by the person committing the
offense to structure currency transactions,
conceal property, or otherwise obstruct
justice.
``(iii) Whether the offense is part of a
pattern of repeated violations of Federal
law.''.
(b) Conforming Amendments.--(1) Section 981(a)(1)(A) of title 18,
United States Code, is amended by striking ``of section 5313(a) or
5324(a) of title 31, or''.
(2) Section 982(a)(1) of title 18, United States Code, is amended
by striking ``of 5313(a), 5316, or 5324 of title 31, or''. | Bulk Cash Smuggling Act of 2001 - Amends Federal law governing monetary transactions to establish as a bulk cash smuggling offense the knowing concealment and attempted transport (or transfer) across U.S. borders, with intent to evade specified currency reporting requirements, of currency and monetary instruments in excess of $10,000. Sets forth imprisonment and civil forfeiture penalties. | To amend title 31, United States Code, to prevent the smuggling of large amounts of currency or monetary instruments into or out of the United States, and for other purposes. |
220 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhancing Flexibility for Effective
Schools Act''.
SEC. 2. REFERENCES.
Except as otherwise specifically provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
SEC. 3. ADEQUATE YEARLY PROGRESS.
(a) Accountability.--Section 1111(b)(2) (20 U.S.C. 6311(b)(2)) is
amended--
(1) in subparagraph (I)(ii)--
(A) by striking ``95 percent'' the first place the
term appears and inserting ``90 percent (which
percentage shall be based on criteria established by
the State in the State plan)''; and
(B) by striking ``95 percent'' the second place the
term appears and inserting ``90 percent'';
(2) by redesignating subparagraph (K) as subparagraph (N);
and
(3) by inserting, after subparagraph (J), the following:
``(K) Single count of students.--In meeting the
definition of adequate yearly progress under
subparagraph (C), a student who may be counted in 2 or
more groups described in subparagraph (C)(v)(II), may
be counted as an equal fraction of 1 for each such
group.
``(L) Students with disabilities requiring
alternate assessments.--Notwithstanding any other
provision of this part, a State may implement the
amendments made to part 200 of title 34, Code of
Federal Regulations on December 9, 2003 (68 Fed. Reg.
68698) (related to achievement of students with
significant cognitive disabilities), as if such
amendments--
``(i) permitted the proficient or advanced
scores on alternate assessments of not more
than 3.0 percent of all tested students to be
considered as proficient or advanced,
respectively, for the purposes of determining
adequate yearly progress, except that--
``(I) any assessment given to any
such so considered student for the
purposes of determining such adequate
yearly progress shall be required by
the individualized education program of
such so considered student;
``(II) the individualized education
program shall reflect the need for any
such alternate assessment based on the
evaluation of such so considered
student and the services provided such
so considered student under section 614
of the Individuals with Disabilities
Education Act; and
``(III) the individualized
education program shall include written
consent from the parent of such so
considered student prior to such
alternate assessment being
administered;
``(ii) used the term `students requiring
alternate assessments' in lieu of the term
`students with the most significant cognitive
disabilities'; and
``(iii) permitted the eligibility, of such
so considered students to have the students'
scores of proficient or advanced on alternate
assessments counted as proficient or advanced
for purposes of determining adequate yearly
progress, to be determined by the State
educational agency, except that such
eligibility shall, at a minimum, include--
``(I) such so considered students
who are receiving services pursuant to
a plan required under section 504 of
the Rehabilitation Act of 1973;
``(II) the students described in
subclause (I) who are assessed at a
grade level below the grade level in
which the students are enrolled (out of
level assessments); and
``(III) the students described in
subclause (I) who are considered
students with the most significant
cognitive disabilities, as defined by
the State educational agency, on the
day before the date of enactment of the
Enhancing Flexibility for Effective
Schools Act.
``(M) Other measures of adequate yearly progress.--
Notwithstanding any other provision of this paragraph,
a State may establish in the State plan an alternative
definition of adequate yearly progress, subject to
approval by the Secretary under subsection (e). Such
alternative definition may--
``(i) include measures of student
achievement over a period of time (such as a
growth model or value added accountability
system) or the progress of some or all of the
groups of students described in subparagraph
(C)(v) to the next higher level of achievement
described in subparagraph (II) or (III) of
paragraph (1)(D)(ii) as a factor in determining
whether a school, local educational agency, or
State has made adequate yearly progress, as
described in this paragraph; or
``(ii) use the measures of achievement or
the progress of groups described in clause (i)
as the sole basis for determining whether the
State, or a local educational agency or school
within the State, has made adequate yearly
progress, if--
``(I) the primary goal of such
definition is that all students in each
group described in subparagraph (C)(v)
meet or exceed the proficient level of
academic achievement, established by
the State, not later than 12 years
after the end of the 2001-2002 school
year; and
``(II) such definition includes
intermediate goals, as required under
subparagraph (H).''.
(b) Assessments.--Section 1111(b)(3)(C) (20 U.S.C. 6311(b)(3)(C))
is amended--
(1) in clause (ix), by striking subclause (III) and
inserting the following:
``(III) the inclusion of limited
English proficient students, who--
``(aa) may, consistent with
paragraph (2)(M), be assessed,
as determined by the local
educational agency, through the
use of an assessment which
requires achievement of
specific gains for up to 3
school years from the first
year the student is assessed
for the purposes of this
subsection;
``(bb) may, at the option
of the State educational
agency, be assessed in the
first year the student attends
school in the United States
(not including the Commonwealth
of Puerto Rico); and
``(cc) shall not be
included in any calculation of
an adequate yearly progress
determination when the student
is in the first year of
attendance at a school in the
United States (not including
the Commonwealth of Puerto
Rico).''; and
(2) in clause (x), by inserting ``of clause (ix)'' after
``subclause (III)''.
(c) Regulations Affecting Limited English Proficient Children and
Children With Disabilities.--Section 1111 (20 U.S.C. 6311) is amended
by adding at the end the following:
``(n) Codification of Regulations Affecting Limited English
Proficient Children.--Notwithstanding any other provision of this part,
this part shall be implemented consistent with the amendments proposed
to part 200 of title 34 of the Code of Federal Regulations on June 24,
2004 (69 Fed. Reg. 35462) (relating to the assessment of limited
English proficient children and the inclusion of limited English
proficient children in subgroups), as if such amendments permitted
students who were previously identified as limited English proficient
to be included in the group described in subsection
(b)(2)(C)(v)(II)(dd) for 3 additional years, as determined by a local
educational agency (based on the individual needs of a child) for the
purposes of determining adequate yearly progress.''.
SEC. 4. SCHOOL IMPROVEMENT AND PUBLIC SCHOOL CHOICE.
Section 1116(b) (20 U.S.C. 6316(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting ``(in the
same subject for the same group of students, as
described in section 1111(b)(2)(C)(v))'' after ``2
consecutive years'';
(B) in subparagraph (E)(i)--
(i) by striking ``In the case'' and
inserting ``Except as provided in subparagraph
(G), in the case''; and
(ii) by striking ``all students enrolled in
the school with the option to transfer to
another public school'' and inserting
``students who failed to meet the proficient
level of achievement on the assessments
described in section 1111(b)(3), are enrolled
in the school, and are in the group whose
academic performance caused the identification
under this paragraph, with the option to
transfer to one other public school identified
by and''; and
(C) by adding at the end the following:
``(G) Options.--A local educational agency may
offer supplemental educational services as described in
subsection (e) in place of the option to transfer to
another public school described in subparagraph (E),
for the first school year a school is identified for
improvement under this paragraph.'';
(2) in the matter preceding subparagraph (A) of paragraph
(5), by inserting ``for the same group of students'' after
``adequate yearly progress''; and
(3) in the matter preceding clause (i) of paragraph (7)(C),
by inserting ``for the same group of students'' after
``adequate yearly progress''.
SEC. 5. SUPPLEMENTAL EDUCATIONAL SERVICES.
Section 1116(e)(4) (20 U.S.C. 6316(e)(4)) is amended--
(1) in subparagraph (B), by inserting ``(developed through
consultation with local educational agencies in the State)''
after ``objective criteria'';
(2) in subparagraph (D), by striking ``and'' after the
semicolon;
(3) in subparagraph (E), by striking the period and
inserting at the end ``; and''; and
(4) by adding at the end the following:
``(F) develop procedures by which a local
educational agency may--
``(i) present complaints, and documentation
of such complaints, to the State educational
agency regarding the qualification, operation,
and evaluation--
``(I) of approved providers; and
``(II) providers of supplemental
educational services seeking to become
approved providers under this
subsection; and
``(ii) demonstrate to the State educational
agency that a provider of supplemental
educational services should not be approved to
provide supplemental educational services under
this subsection to any students attending the
schools served by the local educational
agency.''.
SEC. 6. FLEXIBILITY FOR SPECIAL EDUCATION MIDDLE OR SECONDARY SCHOOL
TEACHERS.
Section 9101(23)(B)(ii) (20 U.S.C. 7801(23)(B)(ii)) is amended--
(1) in subclause (I), by striking ``or'' after the
semicolon;
(2) in subclause (II), by striking ``; and'' and inserting
``; or''; and
(3) by adding at the end the following:
``(III) in the case of a special
education teacher, obtaining a State
special education certificate that
qualifies the teacher to teach special
education in the State; and''. | Enhancing Flexibility for Effective Schools Act - Amends the Elementary and Secondary Education Act of 1965 to alter requirements for adequate yearly progress (AYP) assessments of student groups by: (1) lowering, from 95% to 90%, the minimum percentage of students in each group in a school that must take such assessments; (2) allowing the fractional counting of students who are in more than one group, for each such group; (3) allowing states to treat as proficient or advanced specified scores on alternate assessments for disabled students and those not proficient in English; and (4) allowing states to use alternative methods of defining AYP.
Revises criteria for local educational agency (LEA) identification of schools needing improvement. Declares that only those meet such criteria that fail AYP standards, for two consecutive school years (as under current law), in the same subject for the same group of students.
Revises eligibility criteria for school transfers after a school is identified as needing improvement. Declares that only failing students in the failing group, instead of all students in such a school, may transfer. Allows such schools to provide students with supplemental services rather than transfers during that school year.
Requires states to develop procedures allowing LEAs to register complaints concerning approved supplemental service providers or those seeking the state's approval.
Considers new middle or secondary school special education teachers to be highly qualified if, in addition to having a bachelor degree and high competence in their subject area, they have obtained a state special education certificate qualifying them to teach in the state. | A bill to improve the amendments made by the No Child Left Behind Act of 2001. |
221 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Systemic Risk Designation
Improvement Act of 2016''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for the Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C. 5301 et seq.) is amended by striking
the item relating to section 113 and inserting the following:
``Sec. 113. Authority to require enhanced supervision and regulation of
certain nonbank financial companies and
certain bank holding companies.''.
SEC. 3. REVISIONS TO COUNCIL AUTHORITY.
(a) Purposes and Duties.--Section 112 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (12 U.S.C. 5322) is amended in
subsection (a)(2)(I) by inserting before the semicolon ``, which have
been the subject of a final determination under section 113''.
(b) Bank Holding Company Designation.--Section 113 of the Dodd-
Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5323)
is amended--
(1) by amending the heading for such section to read as
follows: ``authority to require enhanced supervision and
regulation of certain nonbank financial companies and certain
bank holding companies'';
(2) by redesignating subsections (c), (d), (e), (f), (g),
(h), and (i) as subsections (d), (e), (f), (g), (h), (i), and
(j), respectively;
(3) by inserting after subsection (b) the following:
``(c) Bank Holding Companies Subject to Enhanced Supervision and
Prudential Standards Under Section 165.--
``(1) Determination.--The Council, on a nondelegable basis
and by a vote of not fewer than \2/3\ of the voting members
then serving, including an affirmative vote by the Chairperson,
may determine that a bank holding company shall be subject to
enhanced supervision and prudential standards by the Board of
Governors, in accordance with section 165, if the Council
determines, based on the considerations in paragraph (2), that
material financial distress at the bank holding company, or the
nature, scope, size, scale, concentration, interconnectedness,
or mix of the activities of the bank holding company, could
pose a threat to the financial stability of the United States.
``(2) Considerations.--In making a determination under
paragraph (1), the Council shall use the indicator-based
measurement approach established by the Basel Committee on
Banking Supervision to determine systemic importance, which
considers--
``(A) the size of the bank holding company;
``(B) the interconnectedness of the bank holding
company;
``(C) the extent of readily available substitutes
or financial institution infrastructure for the
services of the bank holding company;
``(D) the global cross-jurisdictional activity of
the bank holding company; and
``(E) the complexity of the bank holding company.
``(3) GSIBs designated by operation of law.--
Notwithstanding any other provision of this subsection, a bank
holding company that is designated, as of the date of enactment
of this subsection, as a Global Systemically Important Bank by
the Financial Stability Board shall be deemed to have been the
subject of a final determination under paragraph (1).'';
(4) in subsection (d), as so redesignated--
(A) in paragraph (1)(A), by striking ``subsection
(a)(2) or (b)(2)'' and inserting ``subsection (a)(2),
(b)(2), or (c)(2)''; and
(B) in paragraph (4), by striking ``Subsections (d)
through (h)'' and inserting ``Subsections (e) through
(i)'';
(5) in subsections (e), (f), (g), (h), (i), and (j)--
(A) by striking ``subsections (a) and (b)'' each
place such term appears and inserting ``subsections
(a), (b), and (c)''; and
(B) by striking ``nonbank financial company'' each
place such term appears and inserting ``bank holding
company for which there has been a determination under
subsection (c) or nonbank financial company'';
(6) in subsection (g), as so redesignated, by striking
``subsection (e)'' and inserting ``subsection (f)'';
(7) in subsection (h), as so redesignated, by striking
``subsection (a), (b), or (c)'' and inserting ``subsection (a),
(b), (c), or (d)''; and
(8) in subsection (i), as so redesignated, by striking
``subsection (d)(2), (e)(3), or (f)(5)'' and inserting
``subsection (e)(2), (f)(3), or (g)(5)''.
(c) Enhanced Supervision.--Section 115 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act (12 U.S.C. 5325) is amended--
(1) in subsection (a)(1), by striking ``large,
interconnected bank holding companies'' and inserting ``bank
holding companies which have been the subject of a final
determination under section 113'';
(2) in subsection (a)(2)--
(A) in subparagraph (A), by striking ``; or'' at
the end and inserting a period;
(B) by striking ``the Council may'' and all that
follows through ``differentiate'' and inserting ``the
Council may differentiate''; and
(C) by striking subparagraph (B); and
(3) in subsection (b)(3), by striking ``subsections (a) and
(b) of section 113'' each place such term appears and inserting
``subsections (a), (b), and (c) of section 113''.
(d) Reports.--Section 116(a) of the Dodd-Frank Wall Street Reform
and Consumer Protection Act (12 U.S.C. 5326(a)) is amended by striking
``with total consolidated assets of $50,000,000,000 or greater'' and
inserting ``which has been the subject of a final determination under
section 113''.
(e) Mitigation.--Section 121 of the Dodd-Frank Wall Street Reform
and Consumer Protection Act (12 U.S.C. 5331) is amended--
(1) in subsection (a), by striking ``with total
consolidated assets of $50,000,000,000 or more'' and inserting
``which has been the subject of a final determination under
section 113''; and
(2) in subsection (c), by striking ``subsection (a) or (b)
of section 113'' and inserting ``subsection (a), (b), or (c) of
section 113''.
(f) Office of Financial Research.--Section 155 of the Dodd-Frank
Wall Street Reform and Consumer Protection Act (12 U.S.C. 5345) is
amended in subsection (d) by striking ``with total consolidated assets
of 50,000,000,000 or greater'' and inserting ``which have been the
subject of a final determination under section 113''.
SEC. 4. REVISIONS TO BOARD AUTHORITY.
(a) Acquisitions.--Section 163 of the Dodd-Frank Wall Street Reform
and Consumer Protection Act (12 U.S.C. 5363) is amended by striking
``with total consolidated assets equal to or greater than
$50,000,000,000'' each place such term appears and inserting ``which
has been the subject of a final determination under section 113''.
(b) Management Interlocks.--Section 164 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act (12 U.S.C. 5364) is amended
by striking ``with total consolidated assets equal to or greater than
$50,000,000,000'' and inserting ``which has been the subject of a final
determination under section 113''.
(c) Enhanced Supervision and Prudential Standards.--Section 165 of
the Dodd-Frank Wall Street Reform and Consumer Protection Act (12
U.S.C. 5365) is amended--
(1) in subsection (a), by striking ``with total
consolidated assets equal to or greater than $50,000,000,000''
and inserting ``which have been the subject of a final
determination under section 113'';
(2) in subsection (a)(2)--
(A) by striking ``(A) In general.--''; and
(B) by striking subparagraph (B);
(3) by striking ``subsections (a) and (b) of section 113''
each place such term appears and inserting ``subsections (a),
(b), and (c) of section 113''; and
(4) in subsection (j), by striking ``with total
consolidated assets equal to or greater than $50,000,000,000''
and inserting ``which has been the subject of a final
determination under section 113''.
(d) Conforming Amendment.--The second subsection (s) (relating to
``Assessments, Fees, and Other Charges for Certain Companies'') of
section 11 of the Federal Reserve Act (12 U.S.C. 248) is amended--
(1) by redesignating such subsection as subsection (t); and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``having total
consolidated assets of $50,000,000,000 or more;'' and
inserting ``which have been the subject of a final
determination under section 113 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act; and'';
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as
subparagraph (B).
SEC. 5. EFFECTIVE DATE; RULE OF APPLICATION.
(a) Effective Date.--The Financial Stability Oversight Council may
begin proceedings with respect to a bank holding company under section
113(c)(1) of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, as added by this Act, on the date of the enactment of this Act,
but may not make a final determination under such section 113(c)(1)
with respect to a bank holding company before the end of the 1-year
period beginning on the date of the enactment of this Act.
(b) Immediate Application to Large Bank Holding Companies.--During
the 1-year period described under subsection (a), a bank holding
company with total consolidated assets equal to or greater than
$50,000,000,000 shall be deemed to have been the subject of a final
determination under section 113(c)(1) of the Dodd-Frank Wall Street
Reform and Consumer Protection Act.
SEC. 6. EXISTING ASSESSMENT TERMINATION SCHEDULE.
(a) Temporary Extension of Existing Assessment.--
(1) In general.--Each bank holding company with total
consolidated assets equal to or greater than $50,000,000,000
and which has not been the subject of a final determination
under section 113 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C. 5323) shall be subject to
assessments to the same extent as a bank holding company that
has been subject to such a final determination.
(2) Limitation on amount of assessments.--The aggregate
amount collected pursuant to paragraph (1) from all bank
holding companies assessed under such paragraph shall be
$115,000,000.
(3) Expedited assessments.--If necessary, the Secretary of
the Treasury shall expedite assessments made pursuant to
paragraph (1) to ensure that all $115,000,000 of assessments
permitted by paragraph (2) is collected before fiscal year
2018.
(4) Payment period options.--The Secretary of the Treasury
shall offer the option of payments spread out before the end of
fiscal year 2018, or shorter periods including the option of a
one-time payment, at the discretion of each bank holding
company paying assessments pursuant to paragraph (1).
(b) Use of Assessments.--Of the total amount collected pursuant to
subsection (a)--
(1) $60,000,000 shall be transferred to the Financial
Stability Oversight Council to pay for any administrative costs
resulting from this Act and the amendments made by this Act;
and
(2) $55,000,000 shall be transferred to the Federal Deposit
Insurance Corporation to pay for any resolution costs resulting
from this Act and the amendments made by this Act.
(c) Treatment Upon Determination.--A bank holding company assessed
under this section shall no longer be subject to such assessments in
the event it is subject to a final determination under section 113 of
the Dodd-Frank Wall Street Reform and Consumer Protection Act (12
U.S.C. 5323). Any prior payments made by such a banking holding company
pursuant to an assessment under this section shall be nonrefundable.
(d) Rule of Construction.--A bank holding company deemed to have
been the subject of a final determination under section 113 of the
Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C.
5323) under section 5(b) shall not be subject to assessments under
subsection (a) solely by operation of section 5(b). | Systemic Risk Designation Improvement Act of 2016 This bill amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to authorize the Financial Stability Oversight Council (FSOC) to subject a bank holding company to enhanced supervision and prudential standards by the Board of Governors of the Federal Reserve System if FSOC makes a final determination that material financial distress at the bank holding company, or the nature, scope, size, scale, concentration, interconnectedness, or mix of its activities, could threaten the financial stability of the United States. This FSOC determination procedure replaces the current process under which bank holding companies with total consolidated assets of $50 billion or more are automatically subject to such enhanced supervision and prudential standards. FSOC's determination must be based upon specified factors, using an indicator-based measurement approach established by the Basel Committee on Banking Supervision to determine systemic importance. A bank holding company designated as a Global Systemically Important Bank by the Financial Stability Board, as of this bill's enactment, shall be deemed to have been the subject of a final determination that it could pose a threat to U.S. financial stability for any of those reasons. | Systemic Risk Designation Improvement Act of 2016 |
222 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eurasia Foundation Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) there has been established in the District of Columbia
a private, nonprofit corporation known as the Eurasia
Foundation (hereafter in this Act referred to as the
``Foundation''), which is not an agency or establishment of the
United States Government;
(2) in recognition of the valuable contributions of the
Foundation to long-range United States foreign policy
interests, the United States Government has, through the United
States Agency for International Development and the Department
of State, provided financial support for the Foundation; and
(3) it is in the interest of the United States, and the
further strengthening of cooperation with the nations of the
region, to establish a more permanent mechanism for United
States Government financial support for the ongoing activities
of the Foundation, while preserving the independent character
of the Foundation.
(b) Purposes.--The purposes of the Foundation are--
(1) to promote civil society, private enterprise, and sound
public administration and policy in the former Soviet Union and
in lending encouragement and assistance to local citizens in
their own efforts to develop more open, just, and democratic
societies;
(2) to strengthen indigenous institutions that foster
national development, constructive social change, equitable
economic growth, and cooperative international relationships
that are fully consistent with and supportive of long-term
United States interests in Eurasia; and
(3) to conduct programs in response to initiatives in the
region that would be difficult or impossible for an official
United States entity, and, as a result of its position in the
Eurasia region, to respond quickly and flexibly to meet new
opportunities.
SEC. 3. GRANTS TO THE FOUNDATION.
(a) In General.--The Secretary of State shall make an annual grant
to the Foundation to enable the Foundation to carry out its purposes as
specified in section 2(b). Such grants shall be made with funds
specifically appropriated for grants to the Foundation. Such grants
shall be made pursuant to a grant agreement between the Secretary and
the Foundation which requires that grant funds will only be used for
activities the Board of Directors of the Foundation determines are
consistent with the purposes described in section 2(b), and that the
Foundation will otherwise comply with the requirements of this Act. The
grant agreement may not require the Foundation to comply with
requirements other than those specified in this Act.
(b) Use of Funds.--Funds so granted may be used by the Foundation
to carry out the purposes described in section 2(b), and otherwise
applicable limitations on the purposes for which funds appropriated to
the Department of State may be used shall not apply to funds granted to
the Foundation.
(c) Rule of Construction.--Nothing in this Act shall be construed
to make the Foundation an agency or establishment of the United States
Government or to make the members of the Board of Directors of the
Foundation, or the officers or employees of the Foundation, officers or
employees of the United States.
(d) Oversight.--The Foundation and its grantees shall be subject to
the appropriate oversight procedures of the Congress.
(e) Other Funding.--The Foundation shall have authority to accept
funding from non-United States Government sources to complement United
States Government funding.
SEC. 4. ELIGIBILITY OF THE FOUNDATION FOR GRANTS.
(a) Compliance With Statutory Requirements.--Grants may be made to
the Foundation under this Act only if the Foundation agrees to comply
with the requirements specified in this section and elsewhere in this
Act.
(b) Funding for Covered Programs Only.--The Foundation may provide
funding only for programs that are consistent with the purposes set
forth in section 2(b).
(c) Compensation for Officers and Employees of the Foundation.--If
an individual who is an officer or employee of the United States
Government serves as a member of the Board of Directors or as an
officer or employee of the Foundation, that individual may not receive
any compensation or travel expenses in connection with service
performed for the Foundation.
(d) Prohibition Respecting Financial Matters.--The Foundation shall
not issue any shares of stock or declare or pay any dividends. No part
of the assets of the Foundation shall inure to the benefit of any
member of the Board of Directors of the Foundation, any officer or
employee of the Foundation, or any other individual, except as salary
or reasonable compensation for expenses incurred in the performance of
duties to the Foundation.
(e) Audit of Accounts; Reporting Requirements.--
(1) Audit of accounts.--The accounts of the Foundation
shall be audited annually in accordance with generally accepted
auditing standards by independent certified public accountants
or independent licensed public accountants certified or
licensed by a regulatory authority of a State or other
political subdivision of the United States.
(2) Reporting requirements.--The report of each such
independent audit shall be included in the annual report
required by subsection (h) of this section. The audit report
shall set forth the scope of the audit and include such
statements as are necessary to present fairly the Foundation's
assets and liabilities, surplus or deficit, with an analysis of
the changes therein during the year, supplemented in reasonable
detail by a statement of the Foundation's income and expenses
during the year, and a statement of the application of funds,
together with the independent auditor's opinion of those
statements.
(f) Audit of Financial Transactions.--
(1) Audit of financial transactions.--The financial
transactions of the Foundation for each fiscal year may be
audited by the Government Accountability Office in accordance
with such principles and procedures and under such rules and
regulations as may be prescribed by the Comptroller General of
the United States.
(2) Reporting requirements.--A report of each such audit
shall be made by the Comptroller General to the Congress. The
report to the Congress shall contain such comments and
information as the Comptroller General may deem necessary to
inform the Congress of the financial operations and condition
of the Foundation, together which such recommendations with
respect thereto as the Comptroller General may deem advisable.
A copy of each report shall be furnished to the President and
to the Foundation at the time submitted to the Congress.
(g) Recordkeeping Requirements; Audit and Examination of Books.--
(1) Recordkeeping requirements.--The Foundation shall
ensure that each recipient of assistance provided through the
Foundation under this Act keeps such records as may be
reasonably necessary to fully disclose the amount and the
disposition by such recipient of the proceeds of such
assistance, the total cost of the project or undertaking in
connection with which such assistance is given or used, and the
amount and nature of that portion of the cost of the project or
undertaking supplied by other sources, and such other records
as will facilitate an effective audit.
(2) Audit and examination of books.--The Foundation shall
ensure that it, or any of its duly authorized representatives,
shall have access for the purpose of audit and examination to
any books, documents, papers, and records of the recipient that
are pertinent to assistance provided through the Foundation
under this Act. The Comptroller General of the United States or
any duly authorized representative of the Comptroller General
shall also have access thereto for such purpose.
(h) Annual Report; Contents; Testimony Respecting Report.--Not
later than March 31 of each year, the Foundation shall submit an annual
report for the preceding fiscal year to the President for transmittal
to the Congress. The report shall include a comprehensive and detailed
report of the Foundation's operations, activities, financial condition,
and accomplishments under this Act and may include such recommendations
as the Foundation deems appropriate.
(i) Grantee; Conflict of Interest.--A member of the Board of
Directors of the Foundation who serves as a member of the board of
directors or an officer of a grantee of the Foundation may not receive
compensation for their services but shall be entitled to reimbursement
for travel and other expenses incurred by them in connection with their
duties on behalf of such grantee.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act $20,000,000 for fiscal year 2008 and such sums as may be
necessary for each of the fiscal years 2009 and 2010.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriation under subsection (a) are authorized to
remain available until expended. | Eurasia Foundation Act - Directs the Secretary of State to make an annual grant to the Eurasia Foundation, a private, nonprofit corporation whose purposes are to: (1) promote civil society, private enterprise, and sound public administration and policy in the former Soviet Union; (2) strengthen indigenous institutions that foster national development, constructive social change, equitable economic growth, and cooperative international relationships that are fully consistent with U.S. interests in Eurasia; and (3) conduct programs in response to initiatives in the region that would be difficult or impossible for an official U.S. entity. | To authorize grants to the Eurasia Foundation, and for other purposes. |
223 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Disbursement of Offshore Oil
Revenue Act of 2003''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the demand for energy in the United States is
increasing and will continue to increase for the foreseeable
future;
(2) domestic production of oil and gas is declining;
(3) the United States continues to be overly dependent on
foreign sources of oil and gas;
(4) the Outer Continental Shelf contains significant
quantities of oil and gas that should be developed to meet
United States energy needs while safeguarding important
environmental values;
(5) the exploration, development, and production of Outer
Continental Shelf resources, and the siting of related energy
facilities, may impact various State and local governments; and
(6) coastal States and counties should be provided with a
share of the revenues derived from Outer Continental Shelf oil
and gas leasing, exploration, development, and production
activities.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) the term ``coastal State'' means any State of the
United States bordering on the Atlantic Ocean, the Pacific
Ocean, the Arctic Ocean, or the Gulf of Mexico;
(2) the term ``coastal county'' means a unit of general
government immediately below the level of State government, as
determined by the Secretary under section 6, with jurisdiction
over lands along the coast line;
(3) the term ``coast line'' has the meaning given such term
under the Submerged Lands Act (43 U.S.C. 1301 et seq.);
(4) the term ``Outer Continental Shelf'' has the meaning
given the term ``outer Continental Shelf'' under the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.);
(5) the term ``Secretary'' means the Secretary of the
Interior; and
(6) the term ``revenues'' means all bonuses, rents,
royalties, and other moneys collected under the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), and
interest thereon.
SEC. 4. COASTAL COMMUNITIES OUTER CONTINENTAL SHELF RECEIPT FUND.
(a) Establishment.--There is established an interest bearing
account in the Treasury of the United States to be known as the Coastal
Communities Outer Continental Shelf Receipt Fund (hereafter in this Act
referred to as ``the Fund'').
(b) Payments to Fund.--Beginning in fiscal year 2004, the Secretary
shall pay into the Fund all revenues described in subsection (c) that
are attributable to an Outer Continental Shelf lease, any part of which
is within 200 geographical miles of the coast line. The Secretary may
adjust amounts in the Fund at any time to account for overpayments,
underpayments, and errors.
(c) New Revenues.--Subsection (b) shall apply only to--
(1) bonus revenues under a lease if no bonus revenues have
been received by the Secretary under that lease before January
1, 2003;
(2) rent revenues under a lease if no rent revenues have
been received by the Secretary under that lease before January
1, 2003;
(3) royalty revenues under a lease if no royalty revenues
have been received by the Secretary under that lease before
January 1, 2003; and
(4) other revenues under a lease if the lease was issued on
or after January 1, 2003.
SEC. 5. DISPOSITION OF FUND.
(a) State Share.--(1) Six months after the end of fiscal year 2004,
and annually thereafter, the Secretary shall pay from the Fund to each
coastal State one-half of such revenues paid into the Fund with respect
to the fiscal year most recently completed, and any interest earned
thereon, as may be attributable to that State.
(2) In order to determine to which State revenues are attributable
for purposes of this Act, the Secretary shall delimit the lateral
boundaries between the coastal States to a point 200 geographic miles
seaward of the coast line. Such boundaries shall be set according to
the following principles, listed in order of the priority of their
application:
(A) Any judicial decrees or interstate compacts delimiting
lateral offshore boundaries between coastal States.
(B) Principles of domestic and international law governing
the delimitation of lateral offshore boundaries.
(C) The desirability of following existing lease boundaries
and block lines on the Secretary's official protraction
diagrams.
(3) Each coastal State, before receiving funds under this
subsection, shall annually enact the necessary legislation to provide
any State permits required for onshore facilities needed to support
offshore oil or gas development or production in the area adjacent to
that coastal State. If a State fails to enact such legislation, the
funds attributable to that State shall not be disbursed, and the
Secretary shall take into consideration that failure before offering
any additional leases for sale in the offshore area adjacent to that
State.
(b) Coastal County Share.--(1) At the same time that the Secretary
pays revenues to coastal States under subsection (a), the Secretary
shall pay to coastal counties within that State the remaining one-half
of the revenues, and any interest earned on those revenues, in the Fund
for that fiscal year attributable to that State.
(2) In order to determine to which coastal county revenues are
attributable for purposes of this Act, the Secretary shall delimit the
lateral boundaries between the coastal counties to a point 200
geographic miles seaward of the coast line. Such boundaries shall be
set according to the following principles, listed in order of the
priority of their application:
(A) Existing boundaries between coastal counties with valid
supporting legal authority.
(B) The desirability of following existing lease boundaries
and block lines on the Secretary's official protraction
diagrams.
(C) The principle that, to the extent consistent with
subparagraphs (A) and (B), the size of the coastal county's
adjacent offshore area, as a percentage of all of that State's
adjacent offshore areas, shall be based on a formula giving
equal weight to--
(i) the coastal county's coast line as a percentage
of the State's coast line, calculated using the same
large-scale charts of the National Ocean Service that
are used to delimit the territorial sea under
international law; and
(ii) the coastal county's population as a
percentage of the population of all coastal counties in
the State, calculated by the Secretary using the best
available national census data.
(3) Each coastal county, before receiving funds under this
subsection, shall annually enact by county statute or ordinance the
necessary legislation to provide the local permits required for onshore
facilities needed to support offshore oil or gas development or
production in the area adjacent to that coastal county, and the
necessary legislation to expend such funds. If a county fails to enact
such legislation, the funds attributable to that county shall not be
disbursed, and the Secretary shall take into consideration that failure
before offering any additional leases for sale in the offshore area
adjacent to that county.
(c) Use of Funds by States.--Each coastal State shall use funds
received pursuant to subsection (a)--
(1) to pay for the administrative costs the State incurs in
the leasing and permitting process as specified in the Outer
Continental Shelf Lands Act;
(2) for such environmental and natural resource projects as
the State determines; or
(3) for such educational projects as the State determines.
(d) County Distribution of Funds.--Each coastal county shall
develop a formula to allocate at least two-thirds of the funds received
pursuant to subsection (b) to local communities within its jurisdiction
based on the proximity of these communities to the coast, except that
funds shall be withheld from communities that the Secretary determines
have failed to issue permits required for onshore facilities needed to
support offshore oil or gas development or production in the area
adjacent to that coastal county.
SEC. 6. DESIGNATION OF COASTAL COUNTIES.
For the purposes of this Act, the Secretary, after consultation
with the Governor of each coastal State, shall determine which
counties, parishes, boroughs, tribal governments, or other units of
general government immediately below the level of State government
shall be designated as coastal counties.
SEC. 7. LIMITATIONS ON APPLICABILITY OF BOUNDARIES.
The boundaries and areas delimited under section 5 are solely for
the purposes of this Act. | Fair Disbursement of Offshore Oil Revenue Act of 2003 - Establishes the Coastal Communities Outer Continental Shelf Receipt Fund as an interest-bearing account in the Treasury.Instructs the Secretary of the Treasury to pay into the Fund all revenues attributable to an Outer Continental Shelf lease, any part of which is within 200 geographical miles of the coast line.Directs the Secretary to pay each coastal State and its coastal counties, respectively, one-half of the revenues and any interest earned on them attributable to the State for the fiscal year most recently completed.Preconditions such disposition of funds upon annual enactment by each coastal State and coastal county of the legislation necessary to provide State and local permits for the onshore facilities needed to support offshore oil or gas development or production in the pertinent adjacent area.Declares that if a State or county fails to enact such legislation, the funds attributable to it shall not be disbursed, and the Secretary shall take that failure into consideration before offering any additional leases for sale in the offshore area adjacent to that State or county. | To provide for the distribution to coastal States and counties of revenues collected under the Outer Continental Shelf Lands Act. |
224 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Telephone Records
Protection Act of 2006''.
SEC. 2. FINDINGS.
Congress finds that--
(1) telephone records can be of great use to criminals
because the information contained in call logs listed in such
records include a wealth of personal information;
(2) many call logs reveal the names of many users' doctors,
public and private relationships, business associates, and
more;
(3) although other personal information, such as social
security numbers may appear in public documents, which can be
accessed by data brokers, the only warehouse of telephone
records is located at the telephone companies themselves; and
(4) telephone records may be accessed without authorization
of the customer by--
(A) an employee of the telephone company selling
the data;
(B) ``pretexting'', whereby a data broker or other
person pretends to be the owner of the phone and
convinces the telephone company's employees to release
the data to them; or
(C) unauthorized access of accounts via the
Internet; and
(5) because telephone companies encourage customers to
manage their accounts online, many set up the online capability
in advance. Many customers never access their Internet
accounts, however. If someone seeking the information activates
the account before the customer, he or she can gain unfettered
access to the telephone records and call logs of that customer.
SEC. 3. PRIVACY PROTECTION FOR CUSTOMER INFORMATION OF
TELECOMMUNICATIONS CARRIERS.
(a) Prohibition on Obtaining Customer Information by False
Pretenses.--It shall be unlawful for any person to obtain or attempt to
obtain, or cause to be disclosed or attempt to cause to be disclosed to
any person, customer proprietary network information relating to any
other person by--
(1) making a false, fictitious, or fraudulent statement or
representation to an officer, employee, or agent of a
telecommunications carrier; or
(2) by providing, through any means including the Internet,
any document or other information to a telecommunications
carrier or an officer, employee, or agent of a
telecommunications carrier, knowing that the document or other
information is forged, counterfeit, lost, or stolen, was
obtained fraudulently or without the customer's consent, or
contains a false, fictitious, or fraudulent statement or
representation.
(b) Prohibition on Solicitation of a Person to Obtain Customer
Information Under False Pretenses.--It shall be unlawful to request a
person to obtain customer proprietary network information of a
telecommunications carrier, knowing that the person will obtain, or
attempt to obtain, the information from the telecommunications carrier
in the manner described in subsection (a).
(c) Prohibition on Sale or Other Disclosure of Customer Information
Obtained Under False Pretenses.--It shall be unlawful for any person to
sell customer proprietary network information relating to any other
person, knowing that such information was obtained in the manner
described in subsection (a).
(d) Nonapplicability to Law Enforcement Agencies.--No provision of
this section shall be construed so as to prevent any action by a law
enforcement agency, or any officer, employee, or agent of such agency,
to obtain customer proprietary network information of a
telecommunications carrier in connection with the performance of
official duties of the agency.
SEC. 4. TELECOMMUNICATIONS CARRIER NOTIFICATION REQUIREMENT.
Section 222 of the Communications Act of 1934 (47 U.S.C. 222) is
amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection:
``(h) Notice of Violations.--The Commission shall by regulation
require each telecommunications carrier to notify the customer of any
incidents in which such telecommunications carrier becomes or is made
aware in which customer proprietary network information relating to
such customer is disclosed to someone other than the customer in
violation of this section or section 3 of the Consumer Telephone
Records Protection Act of 2006.''.
SEC. 5. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
A violation of section 3 shall be treated as an unfair or deceptive
act or practice in violation of section 5 of the Federal Trade
Commission Act (15 U.S.C. 45). All of the functions and powers of the
Federal Trade Commission under that Act are available to the Commission
to enforce compliance by any person with such section, irrespective of
whether that person is engaged in commerce or meets any other
jurisdictional tests in the Federal Trade Commission Act, including the
power to enforce the provisions of such section in the same manner as
if the violation had been a violation of a Federal Trade Commission
trade regulation rule.
SEC. 6. CRIMINAL PENALTY.
(a) In General.--Whoever knowingly and intentionally violates
section 3 shall be fined in accordance with title 18, United States
Code, or imprisoned for not more than 5 years, or both.
(b) Enhanced Penalties for Aggravated Cases.--Whoever violates
section 3 while violating another law of the United States or as part
of a pattern of any illegal activity involving more than $100,000, or
more than 50 customers of a telecommunications carrier, in a 12-month
period shall be fined twice the amount provided in section 3571 of
title 18, or imprisoned for not more than 10 years, or both.
SEC. 7. DEFINITIONS.
As used in this Act, the following definitions apply:
(1) Customer proprietary network information.--The term
``customer proprietary network information'' has the meaning
given such term in section 222(h)(1) of the Communications Act
of 1934 (47 U.S.C. 222(h)(1)).
(2) Telecommunications carrier.--The term
``telecommunications carrier'' has the meaning given such term
in section 3(44) of the Communications Act of 1934 (47 U.S.C.
153(44)). | Consumer Telephone Records Protection Act of 2006 - Prohibits any person from obtaining or causing the disclosure of, or requesting another person to obtain, customer proprietary network information relating to another person by: (1) making a false statement to a telecommunications carrier; or (2) providing any information knowing that it is counterfeit, that it was obtained fraudulently or without the customer's consent, or that it contains a false statement. Prohibits a person from selling customer information relating to any other person knowing it was obtained in such manner.
Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to require each telecommunications carrier to notify a customer when proprietary network information relating to such customer is disclosed in violation of such prohibitions.
Treats a violation as an unfair or deceptive act or practice in violation of the Federal Trade Commission Act. Gives all of the functions and powers of the Federal Trade Commission (FTC) under that Act to the FCC to enforce compliance. Prescribes penalties, which double for violations that are part of a pattern of illegal activity. | To prohibit the obtaining of customer information from telecommunications carriers by false pretenses, and the sale or disclosure of such records obtained by false pretenses. |
225 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rio Grande del Norte National
Conservation Area Establishment Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Conservation area.--The term ``Conservation Area''
means the Rio Grande del Norte National Conservation Area
established by section 3(a)(1).
(2) Land grant community.--The term ``land grant
community'' means a member of the Board of Trustees of
confirmed or nonconfirmed community land grants within the
Conservation Area.
(3) Management plan.--The term ``management plan'' means
the management plan for the Conservation Area developed under
section 3(d).
(4) Map.--The term ``map'' means the map entitled ``Rio
Grande del Norte National Conservation Area'' and dated
November 4, 2009.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of New
Mexico.
SEC. 3. ESTABLISHMENT OF NATIONAL CONSERVATION AREA.
(a) Establishment.--
(1) In general.--There is established the Rio Grande del
Norte National Conservation Area in the State.
(2) Area included.--The Conservation Area shall consist of
approximately 235,980 acres of public land in Taos and Rio
Arriba counties in the State, as generally depicted on the map.
(b) Purposes.--The purposes of the Conservation Area are to
conserve, protect, and enhance for the benefit and enjoyment of present
and future generations the cultural, traditional, archaeological,
natural, ecological, geological, historical, wildlife, educational,
recreational, and scenic resources of the Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the
Conservation Area--
(A) in a manner that conserves, protects, and
enhances the resources of the Conservation Area; and
(B) in accordance with--
(i) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.);
(ii) this Act; and
(iii) any other applicable laws.
(2) Uses.--
(A) In general.--The Secretary shall allow only
such uses of the Conservation Area that the Secretary
determines would further the purposes described in
subsection (b).
(B) Use of motorized vehicles.--
(i) In general.--Except as needed for
administrative purposes or to respond to an
emergency, the use of motorized vehicles in the
Conservation Area shall be permitted only on
roads designated for use by motorized vehicles
in the management plan.
(ii) New roads.--No additional road shall
be built within the Conservation Area after the
date of enactment of this Act unless the road
is needed for public safety or natural resource
protection.
(C) Grazing.--The Secretary shall permit grazing
within the Conservation Area, where established before
the date of enactment of this Act--
(i) subject to all applicable laws
(including regulations) and Executive orders;
and
(ii) consistent with the purposes described
in subsection (b).
(D) Collection of pinon nuts, firewood, medicinal
plants and herbs.--Nothing in this section precludes
the traditional collection of firewood, medicinal
plants and herbs, and pinon nuts in the Conservation
Area for noncommercial personal use--
(i) in accordance with any applicable laws;
and
(ii) subject to such terms and conditions
as the Secretary determines to be appropriate.
(E) Utility right-of-way upgrades.--Nothing in this
section precludes the Secretary from renewing or
authorizing the upgrading (including widening) of an
existing utility right-of-way through the Conservation
Area in a manner that minimizes harm to the purposes of
the Conservation Area described in subsection (b)--
(i) in accordance with--
(I) the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
(II) any other applicable law; and
(ii) subject to such terms and conditions
as the Secretary determines to be appropriate.
(F) Tribal cultural uses.--
(i) Access.--The Secretary shall, in
consultation with Indian tribes or pueblos--
(I) ensure the protection of
religious and cultural sites in the
Conservation Area; and
(II) provide access to the sites by
members of Indian tribes or pueblos for
traditional cultural and customary
uses, consistent with Public Law 95-341
(commonly known as the ``American
Indian Religious Freedom Act'') (42
U.S.C. 1996).
(ii) Temporary closures.--In accordance
with Public Law 95-341 (commonly known as the
``American Indian Religious Freedom Act'') (42
U.S.C. 1996), the Secretary, on request of an
Indian tribe or pueblo, may temporarily close
to general public use 1 or more specific areas
of the Conservation Area in order to protect
traditional cultural and customary uses in
those areas by members of the Indian tribe or
the pueblo.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall develop a management
plan for the Conservation Area.
(2) Other plans.--To the extent consistent with this Act,
the plan may incorporate in the management plan the Rio Grande
Corridor Management Plan in effect on the date of enactment of
this Act.
(3) Consultation.--The management plan shall be developed
in consultation with--
(A) State and local governments;
(B) tribal governmental entities;
(C) land grant communities; and
(D) the public.
(4) Considerations.--In preparing and implementing the
management plan, the Secretary shall consider the
recommendations of Indian tribes and pueblos on methods for--
(A) ensuring access to religious and cultural
sites;
(B) enhancing the privacy and continuity of
traditional cultural and religious activities in the
Conservation Area; and
(C) protecting traditional cultural and religious
sites in the Conservation Area.
(e) Incorporation of Acquired Land and Interests in Land.--Any land
that is within the boundary of the Conservation Area that is acquired
by the United States shall--
(1) become part of the Conservation Area; and
(2) be managed in accordance with--
(A) this Act; and
(B) any other applicable laws.
(f) Special Management Areas.--
(1) In general.--The establishment of the Conservation Area
shall not change the management status of any area within the
boundary of the Conservation Area that is--
(A) designated as a component of the National Wild
and Scenic Rivers System under the Wild and Scenic
Rivers Act (16 U.S.C. 1271 et seq.); or
(B) managed as an area of critical environmental
concern.
(2) Conflict of laws.--If there is a conflict between the
laws applicable to the areas described in paragraph (1) and
this Act, the more restrictive provision shall control.
SEC. 4. DESIGNATION OF WILDERNESS AREAS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the Conservation Area are
designated as wilderness and as components of the National Wilderness
Preservation System:
(1) Cerro del yuta wilderness.--Certain land administered
by the Bureau of Land Management in Taos County, New Mexico,
comprising approximately 13,420 acres as generally depicted on
the map, which shall be known as the ``Cerro del Yuta
Wilderness''.
(2) Rio san antonio wilderness.--Certain land administered
by the Bureau of Land Management in Rio Arriba County, New
Mexico, comprising approximately 8,000 acres, as generally
depicted on the map, which shall be known as the ``Rio San
Antonio Wilderness''.
(b) Management of Wilderness Areas.--Subject to valid existing
rights, the wilderness areas designated by subsection (a) shall be
administered in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.) and this Act, except that with respect to the wilderness areas
designated by this Act--
(1) any reference to the effective date of the Wilderness
Act shall be considered to be a reference to the date of
enactment of this Act; and
(2) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary.
(c) Incorporation of Acquired Land and Interests in Land.--Any land
or interest in land within the boundary of the wilderness areas
designated by subsection (a) that is acquired by the United States
shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.);
(B) this Act; and
(C) any other applicable laws.
(d) Grazing.--Grazing of livestock in the wilderness areas
designated by subsection (a), where established before the date of
enactment of this Act, shall be administered in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in appendix A of the Report of
the Committee on Interior and Insular Affairs to accompany H.R.
2570 of the 101st Congress (H. Rept. 101-405).
(e) Buffer Zones.--
(1) In general.--Nothing in this section creates a
protective perimeter or buffer zone around any wilderness area
designated by subsection (a).
(2) Activities outside wilderness areas.--The fact that an
activity or use on land outside any wilderness area designated
by subsection (a) can be seen or heard within the wilderness
area shall not preclude the activity or use outside the
boundary of the wilderness area.
(f) Release of Wilderness Study Areas.--Congress finds that, for
purposes of section 603(c) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1782(c)), the public land within the San Antonio
Wilderness Study Area not designated as wilderness by this section--
(1) has been adequately studied for wilderness designation;
(2) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(3) shall be managed in accordance with this Act.
SEC. 5. GENERAL PROVISIONS.
(a) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file the map and
legal descriptions of the Conservation Area and the wilderness
areas designated by section 4(a) with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
errors in the legal description and map.
(3) Public availability.--The map and legal descriptions
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
(b) National Landscape Conservation System.--The Conservation Area
and the wilderness areas designated by section 4(a) shall be
administered as components of the National Landscape Conservation
System.
(c) Fish and Wildlife.--Nothing in this Act affects the
jurisdiction of the State with respect to fish and wildlife located on
public land in the State, except that the Secretary, after consultation
with the New Mexico Department of Game and Fish, may designate zones
where, and establishing periods when, hunting shall not be allowed for
reasons of public safety, administration, or public use and enjoyment.
(d) Withdrawals.--Subject to valid existing rights, any Federal
land within the Conservation Area and the wilderness areas designated
by section 4(a), including any land or interest in land that is
acquired by the United States after the date of enactment of this Act,
is withdrawn from--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(e) Treaty Rights.--Nothing in this Act enlarges, diminishes, or
otherwise modifies any treaty rights. | Rio Grande Del Norte National Conservation Area Establishment Act - Establishes the Rio Grande Del Norte National Conservation Area in New Mexico.
Requires the Secretary of the Interior to ensure the protection of religious and cultural sites in the Conservation Area and to provide access to them by tribal members.
Requires the Secretary to develop a management plan for the Conservation Area.
Designates the Cerro Del Yuta Wilderness and Rio San Antonio Wilderness as wilderness and as components of the National Wilderness Preservation System (NWPS). | To establish the Rio Grande del Norte National Conservation Area in the State of New Mexico, and for other purposes. |
226 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assuring Honesty and Accountability
Act of 2002''.
SEC. 2. EXTENSION OF THE DISCRETIONARY SPENDING CAPS.
(a) In General.--Section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended--
(1) in paragraph (7) (relating to fiscal year 2003) by
redesignation subparagraphs (A), (B), (C), as subparagraphs
(C), (D), and (E) respectively, and by inserting before
subparagraph (C) (as redesignated) the following:
``(A) for the defense category: $392,742,000,000,
in new budget authority and $374,865,000,000 in
outlays;
``(B) for the nondefense category:
$366,354,000,000, in new budget authority and
$406,810,000,000 in outlays;'';
(2) in paragraph (8), strike ``(8) with respect to fiscal
year 2004'', redesignate the remaining matter as subparagraph
(C), and before such redesignated matter insert the following:
``(8) with respect to fiscal year 2004--
``(A) for the defense category: $400,502,000,000,
in new budget authority and $389,942,000,000 in
outlays;
``(B) for the nondefense category:
$380,305,000,000, in new budget authority and
$420,134,000,000 in outlays;'';
(3) in paragraph (9), strike ``(9) with respect to fiscal
year 2004'', redesignate the remaining matter as subparagraph
(C), and before such redesignated matter insert the following:
``(9) with respect to fiscal year 2005--
``(A) for the defense category: $421,498,000,000,
in new budget authority and $408,706,000,000 in
outlays;
``(B) for the nondefense category:
$387,960,000,000, in new budget authority and
$424,854,000,000 in outlays;'';
(4) in paragraph (10), strike ``(10) with respect to fiscal
year 2006'', redesignate the remaining matter as subparagraph
(B), and before such redesignated matter insert the following:
``(10) with respect to fiscal year 2006--
``(A) for the discretionary category:
$837,672,000,000, in new budget authority and
$854,020,000,000 in outlays; and
(5) redesignate paragraphs (11) through (16) as paragraphs
(12) through (17), respectively, and insert after paragraph
(10) the following new paragraph:
``(11) with respect to fiscal year 2007, for the
discretionary category: $870,178,000,000, in new budget
authority and $877,248,000,000 in outlays;''.
(b) Expiration.--Section 275 of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 900 note) is amended by striking
subsection (b).
SEC. 3. EXTENSION OF PAY-AS-YOU-GO REQUIREMENT.
(a) Purpose.--Section 252(a) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended by striking ``enacted before
October 1, 2002,''.
(b) Sequestration.--Section 252(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking ``enacted
before October 1, 2002''.
SEC. 4. AUTOMATIC BUDGET ENFORCEMENT FOR MEASURES CONSIDERED ON THE
FLOOR.
(a) In General.--Title III of the Congressional Budget Act of 1974
is amended by adding at the end the following new section:
``budget evasion points of order
``Sec. 316. (a) Discretionary Spending Caps.--It shall not be in
order in the House of Representatives or the Senate to consider any
bill or resolution (or amendment, motion, or conference report on that
bill or resolution) that waives or suspends the enforcement of section
251 of the Balanced Budget and Emergency Deficit Control Act of 1985 or
otherwise would alter the spending limits set forth in that section.
``(b) Pay-as-You-Go.--It shall not be in order in the House of
Representatives or the Senate to consider any bill or resolution (or
amendment, motion, or conference report on that bill or resolution)
that waives or suspends the enforcement of section 252 of the Balanced
Budget and Emergency Deficit Control Act of 1985 or otherwise would
alter the balances of the pay-as-you-go scorecard pursuant to that
section.
``(c) Directed Scoring.--It shall not be in order in the House of
Representatives or the Senate to consider any bill or resolution (or
amendment, motion, or conference report on that bill or resolution)
that directs the scorekeeping of any bill or resolution.
``(d) Far-Outyears.--It shall not be in order in the House of
Representatives or the Senate to consider any bill or resolution (or
amendment, motion, or conference report on that bill or resolution)
that contains a provision providing new budget authority which reduces
revenues which first takes effect after the first 5 fiscal years
covered in the most recently adopted concurrent resolution on the
budget and that would have the effect of reducing the surplus or
increasing the deficit in any fiscal year.
``(e) Enforcement in the House of Representatives.--(1) It shall
not be in order in the House of Representatives to consider a rule or
order that waives the application of this section.
``(2)(A) This subsection shall apply only to the House of
Representatives.
``(B) In order to be cognizable by the Chair, a point of order
under this section must specify the precise language on which it is
premised.
``(C) As disposition of points of order under this section, the
Chair shall put the question of consideration with respect to the
proposition that is the subject of the points of order.
``(D) A question of consideration under this section shall be
debatable for 10 minutes by each Member initiating a point of order and
for 10 minutes by an opponent on each point of order, but shall
otherwise be decided without intervening motion except one that the
House adjourn or that the Committee of the Whole rise, as the case may
be.
``(E) The disposition of the question of consideration under this
subsection with respect to a bill or joint resolution shall be
considered also to determine the question of consideration under this
subsection with respect to an amendment made in order as original
text.''.
(b) Waiver and Appeal in the Senate.--Section 904 of the
Congressional Budget Act of 1974 is amended--
(1) in subsection (c)(1), by inserting ``316,'' after
``313,''; and
(2) in subsection (d)(2), by inserting ``316,'' after
``313,''.
(c) Table of Contents.--The table of contents for the Congressional
Budget Act of 1974 is amended by inserting after the item for section
315 the following:
``Sec. 316. Budget evasion points of order.''.
(d) Reserve Fund for War on Terrorism.--Upon the enactment of any
bill or joint resolution that provides new budget authority (and
outlays flowing therefrom) for operations of the Department of Defense
to prosecute the war on terrorism, the Director of the Office of
Management and Budget shall make an appropriate adjustment to the
discretionary spending limits (and those limits as adjusted) as set
forth in section 251(c) of the Balanced Budget and Emergency Deficit
Control Act of 1985 by the amount provided by that measure for that
purpose, but the total adjustment for all measures considered under
this section shall not exceed $10,000,000,000 in new budget authority
for fiscal year 2003 and outlays flowing therefrom.
SEC. 5. DISCLOSURE OF INTEREST COSTS.
Section 308(a)(1) of the Congressional Budget Act of 1974 (2 U.S.C.
639(a)(1)) is amended--
(1) in subparagraph (B), by striking ``and'' after the
semicolon;
(2) in subparagraph (C), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) containing a projection by the Congressional
Budget Office of the cost of the debt servicing that
would be caused by such measure for such fiscal year
(or fiscal years) and each of the 4 ensuing fiscal
years.''.
SEC. 6. ACCOUNTABILITY IN EMERGENCY SPENDING.
(a) OMB Emergency Criteria.--Section 3 of the Congressional Budget
and Impoundment Control Act of 1974 is amended by adding at the end the
following new paragraph:
``(11)(A) The term `emergency' means a situation that--
``(i) requires new budget authority and outlays (or
new budget authority and the outlays flowing therefrom)
for the prevention or mitigation of, or response to,
loss of life or property, or a threat to national
security; and
``(ii) is unanticipated.
``(B) As used in subparagraph (A), the term `unanticipated'
means that the situation is--
``(i) sudden, which means quickly coming into being
or not building up over time;
``(ii) urgent, which means a pressing and
compelling need requiring immediate action;
``(iii) unforeseen, which means not predicted or
anticipated as an emerging need; and
``(iv) temporary, which means not of a permanent
duration.''.
(b) Development of Guidelines for Application of Emergency
Definition.--Not later than 5 months after the date of enactment of
this Act, the chairmen of the Committees on the Budget (in consultation
with the President) shall, after consulting with the chairmen of the
Committees on Appropriations and applicable authorizing committees of
their respective Houses and the Directors of the Congressional Budget
Office and the Office of Management and Budget, jointly publish in the
Congressional Record guidelines for application of the definition of
emergency set forth in section 3(11) of the Congressional Budget and
Impoundment Control Act of 1974.
(c) Reserve Fund for Emergencies in President's Budget.--Section
1105 of title 31, United States Code is amended by adding at the end
the following new subsections:
``(h) The budget transmitted pursuant to subsection (a) for a
fiscal year shall include a reserve fund for emergencies. The amount
set forth in such fund shall be calculated as provided under section
317(b) of the Congressional Budget Act of 1974.
``(i) In the case of any budget authority requested for an
emergency, such submission shall include a detailed justification of
the reasons that such emergency is an emergency within the meaning of
section 3(11) of the Congressional Budget Act of 1974, consistent with
the guidelines described in section 6(b) of the Assuring Honesty and
Accountability Act of 2002.''.
(d) Separate House Vote on Emergency Designation.--(1) Rule XXII of
the Rules of the House of Representatives is amended by adding at the
end the following new clause:
``13. In the consideration of any measure for amendment in the
Committee of the Whole containing any emergency spending designation,
it shall always be in order, unless specifically waived by terms of a
rule governing consideration of that measure, to move to strike such
emergency spending designation from the portion of the bill then open
to amendment.''.
(2) The Committee on Rules shall include in the report required by
clause 1(d) of rule XI (relating to its activities during the Congress)
of the Rules of House of Representatives a separate item identifying
all waivers of points of order relating to emergency spending
designations, listed by bill or joint resolution number and the subject
matter of that measure.
(e) Committee Notification of Emergency Legislation.--Whenever the
Committee on Appropriations or any other committee of either House
(including a committee of conference) reports any bill or joint
resolution that provides budget authority for any emergency, the report
accompanying that bill or joint resolution (or the joint explanatory
statement of managers in the case of a conference report on any such
bill or joint resolution) shall identify all provisions that provide
budget authority and the outlays flowing therefrom for such emergency
and include a statement of the reasons why such budget authority meets
the definition of an emergency pursuant to the guidelines described in
subsection (b).
SEC. 7. APPLICATION OF BUDGET ACT POINTS OF ORDER TO UNREPORTED
LEGISLATION.
(a) Section 315 of the Congressional Budget Act of 1974 is amended
by striking ``reported'' the first place it appears.
(b) Section 303(b) of the Congressional Budget Act of 1974 is
amended--
(1) in paragraph (1), by striking ``(A)'' and by
redesignating subparagraph (B) as paragraph (2) and by striking
the semicolon at the end of such new paragraph (2) and
inserting a period; and
(2) by striking paragraph (3).
SEC. 8. BUDGET COMPLIANCE STATEMENTS.
Clause 3(d) of rule XIII of the Rules of the House of
Representatives is amended by adding at the end the following new
subparagraph:
``(4) A budget compliance statement prepared by the
chairman of the Committee on the Budget, if timely submitted
prior to the filing of the report, which shall include
assessment by such chairman as to whether the bill or joint
resolution complies with the requirements of sections 302, 303,
306, 311, and 401 of the Congressional Budget Act of 1974 or
any other requirements set forth in a concurrent resolution on
the budget and may include the budgetary implications of that
bill or joint resolution under section 251 or 252 of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
applicable.''.
SEC. 9. JUSTIFICATION FOR BUDGET ACT WAIVERS IN THE HOUSE OF
REPRESENTATIVES.
Clause 6 of rule XIII of the Rules of the House of Representatives
is amended by adding at the end the following new paragraph:
``(h) It shall not be in order to consider any resolution from the
Committee on Rules for the consideration of any reported bill or joint
resolution which waives section 302, 303, 311, or 401 of the
Congressional Budget Act of 1974, unless the report accompanying such
resolution includes a description of the provision proposed to be
waived, an identification of the section being waived, the reasons why
such waiver should be granted, and an estimated cost of the provisions
to which the waiver applies.''.
SEC. 10. CBO SCORING OF CONFERENCE REPORTS.
(a) The first sentence of section 402 of the Congressional Budget
Act of 1974 is amended as follows:
(1) Insert ``or conference report thereon,'' before ``and
submit''.
(2) In paragraph (1), strike ``bill or resolution'' and
insert ``bill, joint resolution, or conference report''.
(3) At the end of paragraph (2) strike ``and'', at the end
of paragraph (3) strike the period and insert ``; and'', and
after such paragraph (3) add the following new paragraph:
``(4) A determination of whether such bill, joint
resolution, or conference report provides direct spending.''.
(b) The second sentence of section 402 of the Congressional Budget
Act of 1974 is amended by inserting before the period the following:
``, or in the case of a conference report, shall be included in the
joint explanatory statement of managers accompanying such conference
report if timely submitted before such report is filed''. | Assuring Honesty and Accountability Act of 2002 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to extend through FY 2007 the discretionary spending limits (spending caps) for defense and nondefense categories in new budget authority and outlays.Retains (eliminates the expiration of) certain budget enforcement mechanisms.Retains (eliminates the expiration of) pay-as-you-go.Amends the Congressional Budget Act of 1974 concerning legislation which: (1) evades specified budget enforcement mechanisms; (2) provides direct spending (to be included in the Congressional Budget Office (CBO) analysis (scoring); and (3) is unreported by committee (for purposes of budget point of order rules).Limits the adjustment required to the discretionary spending limits in new budget authority for FY 2003 when new budget authority to prosecute the war on terrorism is enacted.Requires reports on legislation which provide new budget, spending, or credit authority or otherwise provide an increase or decrease in revenues or tax expenditures to include a projection by CBO of the cost of debt servicing (interest).Amends the Congressional Budget and Impoundment Control Act of 1974 to address issues of emergency spending through: (1) establishing criteria and guidelines; (2) the inclusion of a reserve fund in the President's Budget; and (3) requiring a separate House vote on an emergency designation.Amends the Rules of the House of Representatives concerning: (1) budget compliance statements (permitting inclusion of budgetary implications); and (2) justification for budget act waivers (inclusion required for bill consideration). | To amend the Balanced Budget and Emergency Deficit Control Act of 1985 and the Congressional Budget Act of 1974 to extend the discretionary spending caps and the pay-as-you-go requirement, and for other purposes. |
227 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``TVA Customer Protection Act of
1999''.
SEC. 2. INCLUSION IN DEFINITION OF PUBLIC UTILITY.
(a) In General.--Section 201(e) of the Federal Power Act (16 U.S.C.
824(e)) is amended by inserting before the period at the end the
following: ``, and includes the Tennessee Valley Authority''.
(b) Conforming Amendment.--Section 201(f) of the Federal Power Act
(16 U.S.C. 824(f)) is amended by striking ``foregoing, or any
corporation'' and inserting ``foregoing (other than the Tennessee
Valley Authority) or any corporation''.
SEC. 3. DISPOSITION OF PROPERTY.
Section 203 of the Federal Power Act (16 U.S.C. 824b) is amended by
adding at the end the following:
``(c) TVA Exception.--This section does not apply to a disposition
of the whole or any part of the facilities of the Tennessee Valley
Authority if--
``(1) the Tennessee Valley Authority discloses to the
Commission (on a form, and to the extent, that the Commission
shall prescribe by regulation) the sale, lease, or other
disposition of any part of its facilities that--
``(A) is subject to the jurisdiction of the
Commission under this Part; and
``(B) has a value of more than $50,000; and
``(2) all proceeds of the sale, lease, or other disposition
under paragraph (1) are applied by the Tennessee Valley
Authority to the reduction of debt of the Tennessee Valley
Authority.''.
SEC. 4. FOREIGN OPERATIONS; PROTECTIONS.
Section 208 of the Federal Power Act (16 U.S.C. 824g) is amended by
adding at the end the following:
``(c) Tennessee Valley Authority.--
``(1) Limit on charges.--
``(A) No authorization or permit.--The Commission
shall issue no order under this Act that has the effect
of authorizing or permitting the Tennessee Valley
Authority to make, demand, or receive any rate or
charge, or impose any rule or regulation pertaining to
a rate or charge, that includes any costs incurred by
or for the Tennessee Valley Authority in the conduct of
any activities or operations outside the United States.
``(B) Unlawful rate.--
``(i) In general.--Any rate, charge, rule,
or regulation described in subparagraph (A)
shall be deemed for the purposes of this Act to
be unjust, unreasonable, and unlawful.
``(ii) No limitation on authority.--Clause
(i) does not limit the authority of the
Commission under any other provision of law to
regulate and establish just and reasonable
rates and charges for the Tennessee Valley
Authority.
``(2) Annual report.--The Tennessee Valley Authority shall
annually--
``(A) prepare and file with the Commission, in a
form that the Commission shall prescribe by regulation,
a report setting forth in detail any activities or
operations engaged in outside the United States by or
on behalf of the Tennessee Valley Authority; and
``(B) certify to the Commission that the Tennessee
Valley Authority has neither recovered nor sought to
recover the costs of activities or operations engaged
in outside the United States by or on behalf of the
Tennessee Valley Authority in any rate, charge, rule,
or regulation on file with the Commission.''.
SEC. 5. TVA POWER SALES AND PROPERTY VALUATION.
(a) In General.--Part II of the Federal Power Act (16 U.S.C. 824 et
seq.) is amended by adding at the end the following:
``SEC. 215. TVA POWER SALES.
``(a) In General.--The Tennessee Valley Authority shall not sell
electric power to a retail customer that will consume the power within
the area that, on the date of enactment of this section, is assigned by
law as the distributor service area, unless--
``(1) the customer (or predecessor in interest to the
customer) was purchasing electric power directly from the
Tennessee Valley Authority as a retail customer on that date;
``(2) the distributor is purchasing firm power from the
Tennessee Valley Authority in an amount that is equal to not
more than 50 percent of the total retail sales of the
distributor; or
``(3) the distributor agrees that the Tennessee Valley
Authority may sell power to the customer.
``(b) Retail Sales.--Notwithstanding any other provision of law,
the rates, terms, and conditions of retail sales of electric power by
the Tennessee Valley Authority that are not prohibited by subsection
(a) shall be subject to regulation under State law applicable to public
utilities in the manner and to the extent that a State commission or
other regulatory authority determines to be appropriate.
``(c) Assurance of Adequate Electric Generation Capacity.--
``(1) In general.--Notwithstanding any other provision of
law, after the date of enactment of this section, the Tennessee
Valley Authority shall not construct or acquire by any means
electric generation capacity, or sell the output of electric
generation capacity constructed or acquired after that date,
unless the Commission has issued to the Tennessee Valley
Authority a certificate of public convenience and necessity
authorizing the construction or acquisition of electric
generation capacity.
``(2) Criteria for issuance of certificate.--The Commission
shall issue a certificate of public convenience and necessity
under paragraph (1) only if the Commission finds, after
affording an opportunity for an evidentiary hearing, that--
``(A) the reserve power margin of the Tennessee
Valley Authority for the area within which the
Tennessee Valley Authority is permitted by law to be a
source of supply--
``(i) is less than 15 percent; and
``(ii) is expected to remain less than 15
percent for a period of at least 1 year unless
new capacity is constructed or acquired;
``(B) the Energy Information Administration has
submitted to the Commission, with respect to issuance
of the certificate of public convenience and necessity,
a determination that--
``(i) there is no commercially reasonable
option for the purchase of power from the
wholesale power market to meet the needs of the
area within which the Tennessee Valley
Authority is permitted by law to be a source of
supply; and
``(ii) the proposed construction or
acquisition is the only commercially reasonable
means to meet the firm contractual obligations
of the Tennessee Valley Authority with respect
to the area within which the Tennessee Valley
Authority is permitted by law to be a source of
supply;
``(C) the electric generation capacity or the
output of the capacity proposed to be authorized will
not make the Tennessee Valley Authority a direct or
indirect source of supply in any area with respect to
which the Authority is prohibited by law from being,
directly or indirectly, a source of supply; and
``(D) the electric generation capacity proposed to
be authorized is completely subscribed in advance for
use by customers only within the area for which the
Tennessee Valley Authority or distributors of the
Authority were the primary source of power supply on
July 1, 1957.
``SEC. 216. VALUATION OF CERTAIN TVA PROPERTY.
``(a) Evidentiary Hearing.--Not later than 120 days after the date
of enactment of this section, notwithstanding any other provision of
law, the Commission shall commence a hearing on the record for the
purpose of determining the value of the property owned by the Tennessee
Valley Authority--
``(1) that is used and useful; and
``(2) the cost of which was prudently incurred in providing
electric service, as of July 1, 1999, to--
``(A) the distributors of the Authority; and
``(B) the customers that directly purchased power
from the Authority.
``(b) Procedures and Standards.--In making the determination under
subsection (a), the Commission shall use, to the maximum extent
practicable, the procedures and standards that the Commission uses in
making similar determinations with respect to public utilities.
``(c) Timing of Final Order.--The Commission shall issue a final
order with respect to the determination under subsection (a)--
``(1) not later than 1 year after the date of commencement
of the hearing under subsection (a); or
``(2) not later than a date determined by the Commission by
an order supported by the record.
``(d) Timing of Order Awarding Recovery of Stranded Costs.--The
Commission may issue an order awarding recovery to the Tennessee Valley
Authority of costs rendered uneconomic by competition not earlier than
the date on which the Commission issues a final order with respect to
the determination under subsection (a).''.
(b) Transition.--Not later than 180 days after the date of
enactment of this Act, the Tennessee Valley Authority shall file all
rates and charges for the transmission or sale of electric energy and
the classifications, practices, and regulations affecting those rates
and charges, together with all contracts that in any manner affect or
relate to contracts that are required to be filed under Part II of the
Federal Power Act (16 U.S.C. 824 et seq.) (as amended by subsection
(a)) and that are in effect as of the date of enactment of this Act.
SEC. 6. FILING AND FULL DISCLOSURE OF TVA DOCUMENTS.
Part III of the Federal Power Act (16 U.S.C. 825 et seq.) is
amended--
(1) by redesignating sections 319 through 321 as sections
320 through 322, respectively; and
(2) by inserting after section 318 the following:
``SEC. 319. FILING AND FULL DISCLOSURE OF TVA DOCUMENTS.
``(a) In General.--The Tennessee Valley Authority shall file and
disclose the same documents and other information that other public
utilities are required to file under this Act, as the Commission shall
require by regulation.
``(b) Regulation.--
``(1) Timing.--The regulation under subsection (a) shall be
promulgated not later than 1 year after the date of enactment
of this section.
``(2) Considerations.--In promulgating the regulation under
subsection (a), the Commission shall take into consideration
the practices of the Commission with respect to public
utilities other than the Tennessee Valley Authority.''.
SEC. 7. APPLICABILITY OF THE ANTITRUST LAWS.
The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.)
is amended by inserting after section 16 the following:
``SEC. 17. APPLICABILITY OF THE ANTITRUST LAWS.
``(a) Definition of Antitrust Laws.--In this section, the term
`antitrust laws' means--
``(1) an antitrust law (within the meaning of section (1)
of the Clayton Act (15 U.S.C. 12));
``(2) the Act of June 19, 1936 (commonly known as the
`Robinson Patman Act') (49 Stat. 1526, chapter 323; 15 U.S.C.
13 et seq.); and
``(3) section 5 of the Federal Trade Commission Act (15
U.S.C. 45), to the extent that the section relates to unfair
methods of competition.
``(b) Applicability.--Nothing in this Act modifies, impairs, or
supersedes the antitrust laws.
``(c) Antitrust Laws.--
``(1) TVA deemed a person.--The Tennessee Valley Authority
shall be deemed to be a person, and not government, for
purposes of the antitrust laws.
``(2) Applicability.--Notwithstanding any other provision
of law, the antitrust laws (including the availability of any
remedy for a violation of an antitrust law) shall apply to the
Tennessee Valley Authority notwithstanding any determination
that the Tennessee Valley Authority is a corporate agency or
instrumentality of the United States or is otherwise engaged in
governmental functions.''.
SEC. 8. SAVINGS PROVISION.
(a) Definition of TVA Distributor.--In this section, the term ``TVA
distributor'' means a cooperative organization or publicly owned
electric power system that, on January 2, 1998, purchased electric
power at wholesale from the Tennessee Valley Authority under an all-
requirements power contract.
(b) Effect of Act.--Nothing in this Act or any amendment made by
this Act--
(1) subjects any TVA distributor to regulation by the
Federal Energy Regulatory Commission; or
(2) abrogates or affects any law in effect on the date of
enactment of this Act that applies to a TVA distributor.
SEC. 9. PROVISION OF CONSTRUCTION EQUIPMENT, CONTRACTING, AND
ENGINEERING SERVICES.
Section 4 of the Tennessee Valley Authority Act of 1933 (16 U.S.C.
831c) is amended by adding at the end the following:
``(m) Provision of Construction Equipment, Contracting, and
Engineering Services.--
``(1) In general.--Notwithstanding any other provision of
this Act, except as provided in this subsection, the
Corporation shall not have power to--
``(A) rent or sell construction equipment;
``(B) provide a construction equipment maintenance
or repair service;
``(C) perform contract construction work; or
``(D) provide a construction engineering service;
to any private or public entity.
``(2) Electrical contractors.--The Corporation may provide
equipment or a service described in subparagraph (1) to a
private contractor that is engaged in electrical utility work
on an electrical utility project of the Corporation.
``(3) Customers, distributors, and governmental entities.--
The Corporation may provide equipment or a service described in
subparagraph (1) to--
``(A) a power customer served directly by the
Corporation;
``(B) a distributor of Corporation power; or
``(C) a Federal, State, or local government entity;
that is engaged in work specifically related to an electrical
utility project of the Corporation.
``(4) Used construction equipment.--
``(A) Definition of used construction equipment.--
In this paragraph, the term `used construction
equipment' means construction equipment that has been
in service for more than 2,500 hours.
``(B) Disposition.--The Corporation may dispose of
used construction equipment by means of a public
auction conducted by a private entity that is
independent of the Corporation.
``(C) Debt reduction.--The Corporation shall apply
all proceeds of a disposition of used construction
equipment under subparagraph (B) to the reduction of
debt of the Corporation.''.
SEC. 10. MISCELLANEOUS AMENDMENTS TO TENNESSEE VALLEY AUTHORITY ACT TO
PROVIDE COMPETITIVE EQUALITY.
(a) Section 15d(a) the first paragraph of the TVA Act (16 U.S.C.
831n-4), is hereby repealed and replaced as follows:
``Bonds for Financing Power Program
``(a) Authorization; Amount, Use of Proceeds; Restriction on
Contracts for Sale or Delivery of Power; Exchange Power Arrangements;
Payment of Principal and Interest; Bond Contracts.--The Corporation is
authorized to issue and sell bonds, notes, and other evidences of
indebtedness (hereinafter collectively referred to as ``bonds'') in an
amount not exceeding $27,000,000,000 outstanding as of January 1, 2001,
to assist in financing its power program and to refund such bonds:
Provided, That such authorization shall be reduced in annual increments
of $1,000,000,000, such that TVA shall be authorized to issue and sell
bonds, in an amount up to and not exceeding $17,000,000,000 on and
after January 1, 2011: Provided further, That the Corporation shall
certify to the Committee on Transportation and Infrastructure by
January 1 of each year that the Corporation's cumulative indebtedness
is less than the bond authorization designated herein. The Corporation
may, in performing functions authorized by this chapter, use the
proceeds of such bonds for the operation and maintenance of any plant
or other facility used or to be used for the generation or transmission
of electric power; as may be required in connection with the lease,
lease-purchase, or any contract for the power output of any such plant
or other facility. Unless otherwise specifically authorized by Act of
Congress the Corporation shall make no contracts for the sale or
delivery of power which would have the effect of making the Corporation
or its distributors, directly or indirectly, a source of power supply
outside the area for which the Corporation or its distributors were the
primary source of power supply on July 1, 1957, and such additional
area extending not more than five miles around the periphery of such
area as may be necessary to care for the growth of the Corporation and
its distributors within said area.''.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Federal Energy
Regulatory Commission such sums as are necessary to carry out this Act
and the amendments made by this Act. | (Sec. 4) Prohibits FERC from issuing any permit or authorization that would allow TVA charges or rates to recover costs incurred in the conduct of activities or operations outside the United States. Mandates an annual TVA status report detailing its activities or operations outside the United States.
(Sec. 5) Sets constraints upon retail sales of electric power by TVA within an area assigned by law as the distributor service area.
Sets forth prerequisites for a FERC certification of public convenience and necessity in connection with any proposed TVA acquisition, construction, or sales of electric generation capacity.
Directs FERC to conduct an evidentiary hearing, according to specified requirements, to determine the value of TVA-owned property whose cost was incurred to provide electric service to TVA distributors and customers.
(Sec. 6) Mandates filing and full disclosure of TVA documents in the same manner as is required of other public utilities.
(Sec. 7) Amends the Tennessee Valley Authority Act to provide that TVA shall be deemed to be a person and not a government, for purposes of the antitrust laws (thus subjecting TVA to such laws).
(Sec. 9) Denies TVA the power to provide any services related to construction equipment, contracting, and engineering services. Mandates that proceeds received from disposition of its used construction equipment be applied to TVA debt reduction.
(Sec. 10) Revamps TVA authority to issue bonds to finance its power program so as to: (1) reduce in annual increments the total authorized amount of TVA indebtedness; (2) mandate annual TVA certification that its cumulative indebtedness is less than its bond authorization; and (3) mandate specific authority granted by an act of Congress as a precondition to TVA contracts for power sales or delivery which would have the effect of making TVA a power supply source outside the area for which it was the primary source of power as of 1957. | TVA Customer Protection Act of 1999 |
228 | SECTION 1. SHORT TITLE; REFERENCES IN ACT.
(a) Short Title.--This Act may be cited as the ``Immigration
Moratorium Act of 1994''.
(b) References in Act.--Except as otherwise expressly provided,
whenever in this Act an amendment is expressed in terms of an amendment
to a section or other provision, the reference shall be considered to
be made to a section or other provision of the Immigration and
Nationality Act.
SEC. 2. IMMIGRATION MORATORIUM DEFINED.
As used in this Act, the term ``immigration moratorium'' means the
5-year period beginning on October 1, 1994, and ending on September 30,
1999.
SEC. 3. WORLDWIDE LEVELS OF IMMIGRATION.
Notwithstanding section 201 of the Immigration and Nationality Act
(8 U.S.C. 1151), during the immigration moratorium in lieu of the
worldwide levels of immigration under section 201 (c), (d) and (e)--
(1) the worldwide level of family-sponsored immigrants for
a fiscal year under section 201(c) is 325,000, minus the sum
of--
(A) the number of refugees admitted under section
207;
(B) the number of spouses and children of a citizen
of the United States admitted under section
201(b)(2)(A); and
(C) the number of employment-based immigrants
described in sections 203(b) (1) or (2) who were issued
immigrant visas, or who otherwise acquired the status
of aliens lawfully admitted to the United States for
permanent residence.
(2) the worldwide level of employment-based immigrants for
a fiscal year under section 201(d) is 50,000; and
(3) the worldwide level of diversity immigrants for a
fiscal year under section 201(e) is zero.
SEC. 4. ALLOTMENT OF VISAS.
(a) Notwithstanding section 203 of the Immigration and Nationality
Act (8 U.S.C. 1153), during the immigration moratorium, visas may be
allotted in any fiscal year under section 203 only as follows--
(1) spouses and unmarried children of permanent resident
aliens who qualify under section 203(a)(2)(A) and who were
holding priority dates as of the effective date of this Act
shall be allotted visas in a number equal to 40 percent of the
worldwide level of immigration of family-sponsored immigrants
under section 3(1) of this Act;
(2) in lieu of the number of visas that otherwise would be
available to parents of a citizen of the United States under
section 201(b)(2) of the Immigration and Nationality Act (8
U.S.C. 1153), the number of visas that shall be allotted in any
fiscal year to such parents of a citizen of the United States
shall, notwithstanding section 201(b), be a number equal to 60 percent
of the worldwide level of immigration of family-sponsored immigrants
for that fiscal year under section 3(1) of this Act;
(3) qualified immigrants holding priority dates as of the
effective date of this Act who are sons and daughters of United
States citizens shall be allocated visas in a number equal to
75 percent of the maximum number of visas available but not
issued under paragraphs (1) and (2);
(4) qualified immigrants holding priority dates as of the
effective date of this Act who are the sons and daughters of
permanent resident aliens shall be allocated visas in a number
equal to 25 percent of the maximum number of visas available
but not issued under paragraphs (1) and (2);
(5) qualified immigrants holding priority dates as of the
effective date of this Act who are the brothers or sisters of
citizens of the United States, if such citizens are at least 21
years of age, shall be allocated visas in a number equal to the
number of visas available but not issued for the classes
specified in paragraphs (3) and (4);
(6) employment-based immigrants who qualify under sections
203(b) (1) or (2) shall be allotted not more than 50,000 visas;
(7) the number of visas that shall be allotted to other
aliens subject to the worldwide level of employment-based
immigrants shall be zero; and
(8) the number of visas that shall be allotted to diversity
immigrants under section 203(c) shall be zero.
(b) Nothing in this Act shall limit the number of visas that
otherwise are available to spouses and children of a citizen of the
United States under section 201(b)(2)(A) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)(2)(A)).
SEC. 5. GRANTING IMMIGRANT STATUS.
During the immigration moratorium, the Attorney General may not
accept or approve any petition for classification under section 204 of
the Immigration and Nationality Act except for classification by reason
of being--
(1) a spouse or child of a citizen of the United States as
described in section 201(b)(2)(A);
(2) a spouse or child of a permanent resident alien as
described in section 203(a)(2)(A);
(3) a parent of a citizen of the United States as described
in section 201(b)(2)(A) to the extent allowed by section
4(a)(2) of this Act;
(4) qualified immigrants holding priority dates as of the
effective date of this Act who are sons and daughters of United
States citizens or of permanent resident aliens or brothers or
sisters as specified in paragraphs (3), (4), and (5) of section
4 of this Act; or
(5) by reason of employment-based immigrant status under
sections 203(b) (1) or (2) of the Immigration and Nationality
Act.
Petitions submitted during the moratorium that may not be accepted or
approved shall be returned to the persons who filed the petitions.
SEC. 6. ANNUAL ADMISSION OF REFUGEES.
Notwithstanding any other provision of law, during the immigration
moratorium, the number of refugees who may be admitted under section
207 of the Immigration and Nationality Act (8 U.S.C. 1157), including
the number of admissions made available to adjust to the status of
permanent residence the status of aliens granted asylum under section
209(b) of the Immigration and Nationality Act, shall not exceed 50,000
in any fiscal year.
SEC. 7. IMMEDIATE RELATIVES DEFINED.
During the immigration moratorium, the term ``immediate relatives''
for purposes of section 201(b) means the children and spouse of a
citizen of the United States who shall have acquired citizenship under
chapter 1 of title III of the Immigration and Nationality Act.
SEC. 8. EFFECTIVE DATE.
This Act shall take effect upon enactment. | Immigration Moratorium Act of 1994 - Imposes a five-year immigration moratorium, with exceptions for refugees, certain priority and skilled workers, and immediate relatives of U.S. citizens and permanent resident aliens. | Immigration Moratorium Act of 1994 |
229 | SECTION 1. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN VETERANS.
Section 8(o)(19) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)(19)) is amended by adding at the end the following:
``(D) Indian veterans housing rental assistance
program.--
``(i) Definitions.--In this subparagraph:
``(I) Indian.--The term `Indian'
has the meaning given the term in
section 4 of the Indian Self-
Determination and Education Assistance
Act (25 U.S.C. 450b).
``(II) Indian area.--The term
`Indian area' has the meaning given the
term in section 4 of the Native
American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
4103).
``(III) 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.
450b).
``(ii) Authorization of program.--The
Secretary may use not more than 5 percent of
the amounts made available for rental
assistance under this subsection to carry out a
rental assistance and supportive housing
program, in conjunction with the Secretary of
Veterans Affairs, for the benefit of Indian
veterans who are homeless or at risk of
homelessness and who are residing on or near an
Indian area.
``(iii) Model.--The program described in
clause (ii) shall be modeled on the rental
assistance and supportive housing program
authorized under this section and applicable
appropriations Acts, including administration
in conjunction with the Secretary of Veterans
Affairs, except that the Secretary may make
necessary and appropriate modifications to
facilitate the use of the program by Indian
grant recipients to serve eligible Indian
veterans.
``(iv) Eligible recipients.--Amounts for
rental assistance and associated administrative
costs under clause (ii) shall be made available
to recipients eligible to receive grants under
section 101 of the Native American Housing
Assistance and Self-Determination Act of 1996
(25 U.S.C. 4111).
``(v) Funding criteria.--Rental assistance
under clause (ii) shall be awarded based on--
``(I) need;
``(II) administrative capacity; and
``(III) any other funding criteria
established by the Secretary in a
notice published in the Federal
Register after consulting with the
Secretary of Veterans Affairs.
``(vi) Administration.--Rental assistance
made available under clause (ii) shall be
administered in accordance with the Native
American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et
seq.), except that grantees shall--
``(I) submit to the Secretary, in a
manner prescribed by the Secretary,
reports on the utilization of rental
assistance provided under the program;
and
``(II) provide to the Secretary
information specified by the Secretary
to assess the effectiveness of the
program in serving eligible veterans.
``(vii) Consultation.--The Secretary, in
coordination with the Secretary of Veterans
Affairs, shall consult with recipients of
grants under section 101 of the Native American
Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4111) and any other
appropriate tribal organization on the design
of the program to ensure the effective delivery
of rental assistance and supportive services to
persons eligible to receive assistance under
this subparagraph.
``(viii) Waiver.--
``(I) In general.--Except as
provided in subclause (II), the
Secretary may waive or specify
alternative requirements for any
provision of law (including
regulations) that the Secretary
administers in connection with the use
of rental assistance made available
under this subparagraph if the
Secretary finds that the waiver or
alternative requirement is necessary
for the effective delivery and
administration of rental assistance
made available under this subparagraph
to Indian veterans.
``(II) Exception.--The Secretary
shall not waive or specify alternative
requirements under subclause (I) for
any provision of law (including
regulations) relating to labor
standards or the environment.''. | This bill amends the United States Housing Act of 1937 to authorize the Department of Housing and Urban Development (HUD) to carry out a rental assistance and supportive housing program, in conjunction with the Department of Veterans Affairs (VA), for the benefit of Indian veterans who are homeless or at-risk of homelessness and who are residing on or near Indian areas. Rental assistance shall be: (1) made available to recipients eligible for housing assistance block grants under the Native American Housing Assistance and Self-Determination Act of 1996; and (2) awarded based on need, administrative capacity, and any other HUD funding criteria. | A bill to provide for rental assistance for homeless or at-risk Indian veterans. |
230 | SECTION 1. GRANTING OF COPYRIGHT.
Notwithstanding any other provision of law, copyright is hereby
granted to Inna Hecker Grade and her successors and assigns in the
works set forth in section 2 by Chaim Grade, including all editions in
English and translations heretofore published or hereafter published by
Inna Hecker Grade or her successors or assigns, for a term of 50 years
from June 26, 1982 (the date of death of Chaim Grade). The copyright
owner shall be entitled to all rights and remedies provided to
copyright owners generally by law, except that no liability shall
attach under this Act for lawful uses made or acts done before the date
of enactment of this Act in connection with such works, or in respect
to the continuance for one year subsequent to such date of any business
undertaking or enterprise lawfully undertaken before such date
involving expenditure or contractual obligation in connection with the
exploitation, production, reproduction, or circulation of such works.
SEC. 2. WORK SUBJECT TO COPYRIGHT.
The following works of Chaim Grade (including lectures and essays)
are covered by section 1:
(1) ``Yo'' (``Yes'');
(2) ``Musarnikes'' (``Mussarists'');
(3) ``Dojrois'' (``Generations'');
(4) ``Oyf di Hurves'' (``On the Ruins'');
(5) ``Pleitim'' (``Refugees'');
(6) ``Farvoksene Vegn'' (``Overgrown Paths'');
(7) ``Der Mames Tzavoe'' (``The Mother's Will'');
(8) ``Shayn fun Farloshene Shtern'' (``Shine of the
Extinguished Stars'');
(9) ``Mayn Krig Mit Hersh Rassayner'' (``My Quarrel with
Hersh Rassayner'');
(10) ``Yerushalaim shel Maylah, Yerushalaim shel Matah''
(``The Heavenly Jerusalem and the Earthly Jerusalem'');
(11) ``Hurbin'';
(12) ``Vilna'', with 5 major parts entitled:
(A) ``Vilna'';
(B) ``Di Shank'' (``The Tavern'');
(C) ``Der Ger-Tzadik'' (``The Convert'');
(D) ``Di Hiter fun der Shtot'' (``The Guardians of
the City'');
(E) ``Unter di Gevelbte Toyern'' (``Beneath the
Vaulted Gates'');
(13) ``Talmidei-Hahomin in der Lite'' (``Talmudic Scholars
in Lithuania'');
(14) ``Oyf Mayn Veg Tzu Dir''; (On My Way to You);
(15) ``Dos Alte Hoyz'' (``The Old House''), alternate
titles are:
(A) ``Zin un Tahter'' (``Sons and Daughters'');
(B) ``Der Beth-Horav'' (``The Rabbi's House'');
(16) ``Fun Unter der Erd'' (``From Beneath the Ground''),
the title of the first version is ``Froyen fun Ghetto''
(``Women of the Ghetto'');
(17) ``Yury Goresha'', a part of the novel ``From Beneath
the Ground'';
(18) ``Alte Boherim'' (``The Bachelors'');
(19) ``In Gerangl mitn Malah'' (``Wrestling with the
Angel''), subtitle is ``Lieder un Elegyes'' (``Poems and
Elegies''); Collected Poems, 1932-82;
(20) ``Chaim Nachman Bialik'';
(21) ``H. Leivik, der Poet fun Laydn un Goyrl'' (``H.
Leivik, The Poet of Suffering and Fate'');
(22) ``H. Leivik in Mayn Lehn and Shafn'' (``H. Leivik in
my Life and my Works)'';
(23) ``Itzik Manger, der Poet fun Shaynkayt un Shpil''
(``Itzik Manger, the Poet of Beauty and Play);
(24) ``Dray Yiddishe Classiker, Mendele, I.L. Peretz,
Sholem-Alaychem'' (Three Yiddish Classics, Mendele, I.L.
Peretz, Sholem-Alaychem);
(25) ``Anski, der Maskl, Revolutioner un Baal Tshuvah''
(``Anski, the Champion of Enlightenment, the Revolutionary and
the Penitent'');
(26) ``Probelmen fun a Yiddishen Shrayber un Problemen fun
der Yiddisher Literatur'' (``Problems of a Yiddish Writer and
Problems of the Yiddish Literature'');
(27) ``Mayn Veg in der Yiddisher Literature'' (``My Path in
the Yiddish Literature'');
(28) ``I.L. Peretz'';
(29) ``Mayn Bagegenish mit Sovetishe Yiddisher Shrayber''
(``My Encounter with the Soviet Yiddish Writers'');
(30) ``Dray Dramatishe Poemen--`Di Goldene Kayt', `Der
Goylem', `Der Dybbuk', (``Three Dramatic Poems--`The Golden
Chain', `The Goylem', `The Dybbuk' '');
(31) ``Dray Hoybt Motiven in Mayn Shaffung'' (``Three Mayn
Motives in My Works'');
(32) ``Yung Vilna un ir Svivah'' (``Young Vilna and its
Milieu'');
(33) ``Shevet Tzion'' (``The Return to Zion'');
(34) ``Shabes un Voh in der Yiddisher Literatur'' (``The
Sabbath and the Weekdays in Yiddish Literature'');
(35) ``Mussarnikes un Litvishe Yeshives'' (``The Mussarists
and the Lithuanian Yeshivas'');
(36) ``Sholem Alaychem'';
(37) ``Nusah Mizrah Evrope un Reb Isroel Baal`Shem'Tov''
(``The Jewish Way of Life in Eastern Europe and Rabbi Israel
Baal`Shem'Tov'');
(38) ``Reb Isroel Salanter un Reb Isroel Baal`Shem'Tov''
(``Rabbi Israel Salanter and Rabbi Israel Baal`Shem'Tov'');
(39) ``Der Talmudhokem in der Yiddisher Literatur'' (``The
Talmudic Scholar in Yiddish Literature'');
(40) ``Di Haskore in Vilner Shtot Shul nohn Ger-Tzadik,
Graf Potocki'' (``The Memorial Service at the Grand Synagogue
of Vilna for the Convert, Count Potocki'');
(41) ``Dr. Shmuel Ravidovitch un zayn Philasophia fun
Yiddishen Kium Umetum'' (``Dr. Samuel Ravidovitch and his
Philosophy of the Jewish Life Worldwide'');
(42) ``Dr. Shmuel Ravidovich un zayn Kamf farn Yiddishen
Kium Umetum'' (``Dr. Samuel Ravidovich and his Struggle for the
Jewish Life Worldwide'');
(43) ``Zaynen di Yiddishe Shrayber in Sovet Russland Geven
Marranen?'' (``Were the Yiddish Writers in Soviet Russia
Marranos?'');
(44) ``Reb Yehudah Ibn Shmuel Dr. Kaufman'' (``Rabbi
Jehudah Ibn Samuel Dr. Kaufman'');
(45) ``Shir-HaShirim--a Liebe-Lied, a Natzional Gezang un
Mistishe Poeme'' (``The Song of Songs--A Love Song, a National
Hymn and a Mystical Poem'') lecture and essay;
(46) ``Tzfas un der Barg Miron'' (``Saffed and Mount
Miron'') lecture and essay;
(47) ``Mentshen, Shtayner un Flantzen in Eretz-Isroel''
(``The People, the Stones and the Greening of Israel'') lecture
and essay;
(48) ``Mit Vos Vilna Iz Geven Andersh?'' (``What Made Vilna
Unique?'');
(49) ``Histadruth'';
(50) ``Yiddish Lebn in Vilna far der Zvayter Velt Melhome''
(``Jewish Life in Vilna Before World War II'') alternate title
is ``Yiddish Folk lebn un Traditzie in der Lite'' (``Jewish
Folk-Life and Tradition in Lithuania'');
(51) ``Di Naye Hebreishe Literatur un der Yunger Dor in
Isroel'' (``The New Hebrew Literature and the Young Generation
in Israel'');
(52) ``Di Ibergeblibene'' (``The Survivors'');
(53) (``To the Survivors of the German Concentration Camps,
World Federation of Bergen-Belsen, Associations'');
(54) ``Drayssik Yor Shpeter'' (``Thirty Years Later'');
(55) ``Der Bodn un di Legende fun Eretz-Isroel,'' (``The
Soil and the Legend of the Land of Israel'');
(56) ``Di Letzte Mahlaykes tzvishn Rabonim in Vilna''
(``The Last Controversies Among the Rabbis of Vilna'');
(57) ``Amerikaner Yiddishe Poetn, Morris Rosenfeld, Avrohom
Reisen, Walt-Lessin un Mani Leib'', (``American Yiddish Poets,
Morris Rosenfeld, Avrohom Reisen, Walt-Lessin un Mani Leib'');
(58) Any other works of Chaim Grade, however created,
whether published or unpublished. | Grants a copyright to a named individual, her successors, and assigns for specified works for a 50-year term from June 26, 1982. | For the relief of Inna Hecker Grade. |
231 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Colusa Basin Watershed Integrated
Resources Management Act''.
SEC. 2. AUTHORIZATION OF ASSISTANCE.
The Secretary of the Interior (in this Act referred to as the
``Secretary'') may provide financial assistance to the Colusa Basin
Drainage District, California (in this Act referred to as the
``District''), for use by the District or by local agencies acting
pursuant to section 413 of the State of California statute known as the
Colusa Basin Drainage Act (California Stats. 1987, ch. 1399) as in
effect on the date of the enactment of this Act (in this Act referred
to as the ``State statute''), for planning, design, environmental
compliance, and construction required in carrying out eligible projects
in the Colusa Basin Watershed to--
(1)(A) reduce the risk of damage to urban and agricultural
areas from flooding or the discharge of drainage water or
tailwater;
(B) assist in groundwater recharge efforts to alleviate
overdraft and land subsidence; or
(C) construct, restore, or preserve wetland and riparian
habitat; and
(2) capture, as an incidental purpose of any of the
purposes referred to in paragraph (1), surface or stormwater
for conservation, conjunctive use, and increased water
supplies.
SEC. 3. PROJECT SELECTION.
(a) Eligible Projects.--A project shall be an eligible project for
purposes of section 2 only if it is--
(1) identified in the document entitled ``Colusa Basin
Water Management Program'', dated February 1995; and
(2) carried out in accordance with that document and all
environmental documentation requirements that apply to the
project under the laws of the United States and the State of
California.
(b) Compatibility Requirement.--The Secretary shall ensure that
projects for which assistance is provided under this Act are not
inconsistent with watershed protection and environmental restoration
efforts being carried out under the authority of the Central Valley
Project Improvement Act (Public Law 102-575; 106 Stat. 4706 et seq.) or
the CALFED Bay-Delta Program.
SEC. 4. COST SHARING.
(a) Non-Federal Share.--The Secretary shall require that the
District and cooperating non-Federal agencies or organizations pay--
(1) 25 percent of the costs associated with construction of
any project carried out with assistance provided under this
Act; and
(2) 100 percent of any operation, maintenance, and
replacement and rehabilitation costs with respect to such a
project.
(b) Planning, Design, and Compliance Assistance.--Funds
appropriated pursuant to this Act may be made available to fund all
costs incurred for planning, design, and environmental compliance
activities by the District or by local agencies acting pursuant to the
State statute, in accordance with agreements with the Secretary.
(c) Treatment of Contributions.--For purposes of this section, the
Secretary shall treat the value of lands, interests in lands (including
rights-of-way and other easements), and necessary relocations
contributed by the District to a project as a payment by the District
of the costs of the project.
SEC. 5. COSTS NONREIMBURSABLE.
Amounts expended pursuant to this Act shall be considered
nonreimbursable for purposes of the Act of June 17, 1902 (32 Stat. 388;
43 U.S.C. 371 et seq.), and Acts amendatory thereof and supplemental
thereto.
SEC. 6. AGREEMENTS.
Funds appropriated pursuant to this Act may be made available to
the District or a local agency only if the District or local agency, as
applicable, has entered into a binding agreement with the Secretary--
(1) under which the District or the local agency is
required to pay the non-Federal share of the costs of
construction required by section 4(a); and
(2) governing the funding of planning, design, and
compliance activities costs under section 4(b).
SEC. 7. REIMBURSEMENT.
For project work (including work associated with studies, planning,
design, and construction) carried out by the District or by a local
agency acting pursuant to the State statute in section 2 before the
date amounts are provided for the project under this Act, the Secretary
shall, subject to amounts being made available in advance in
appropriations Acts, reimburse the District or the local agency,
without interest, an amount equal to the estimated Federal share of the
cost of such work under section 4.
SEC. 8. COOPERATIVE AGREEMENTS.
(a) In General.--The Secretary may enter into cooperative
agreements and contracts with the District to assist the Secretary in
carrying out the purposes of this Act.
(b) Subcontracting.--Under such cooperative agreements and
contracts, the Secretary may authorize the District to manage and let
contracts and receive reimbursements, subject to amounts being made
available in advance in appropriations Acts, for work carried out under
such contracts or subcontracts.
SEC. 9. RELATIONSHIP TO RECLAMATION REFORM ACT OF 1982.
Activities carried out, and financial assistance provided, under
this Act shall not be considered a supplemental or additional benefit
for purposes of the Reclamation Reform Act of 1982 (96 Stat. 1263; 43
U.S.C. 390aa et seq.).
SEC. 10. APPROPRIATIONS AUTHORIZED.
There are authorized to be appropriated to the Secretary to carry
out this Act $25,000,000, plus such additional amount, if any, as may
be required by reason of changes in costs of services of the types
involved in the District's projects as shown by engineering and other
relevant indexes. Sums appropriated under this section shall remain
available until expended. | Colusa Basin Watershed Integrated Resources Management Act - Authorizes the Secretary of the Interior to provide financial assistance for use by the Colusa Basin Drainage District, California, or by local agencies for planning, design, environmental compliance, and construction required to carry out eligible projects in the Colusa Basin Watershed to: (1) reduce the risk of damage to urban and agricultural areas from flooding or the discharge of drainage water or tailwater; (2) assist in groundwater recharge efforts to alleviate overdraft and land subsidence; or (3) construct, restore or preserve wetland and riparian habitat; and (4) capture surface or stormwater for conservation, conjunctive use, and increased water supplies. Requires the Secretary to ensure that funded projects are not inconsistent with watershed protection and environmental restoration efforts being carried out under the Central Valley Project Improvement Act or the CALFED Bay-Delta Program. Directs the Secretary to require that the District and cooperating non-Federal agencies or organizations pay: (1) 25 percent of project costs; and (2) 100 percent of project operation, maintenance, and replacement and rehabilitation costs.
Permits funds appropriated pursuant to this Act to be made available: (1) to fund all costs incurred for planning, design, and environmental compliance activities by the District or by local agencies in accordance with agreements with the Secretary; and (2) only to a District or a local agency that has entered into a binding agreement with the Secretary under which the District or local agency is required to pay the non-Federal share of construction costs and which governs the funding of planning, design, and compliance activities costs.
Authorizes appropriations. | Colusa Basin Watershed Integrated Resources Management Act |
232 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ban on Smoking in Federal Buildings
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) environmental tobacco smoke is a cause of lung cancer
in healthy nonsmokers and is responsible for acute and chronic
respiratory problems and other health impacts among sensitive
populations;
(2) environmental tobacco smoke comes from secondhand smoke
exhaled by smokers and sidestream smoke emitted from the
burning of cigarettes, cigars, and pipes;
(3) citizens of the United States spend up to 90 percent of
a day indoors and, consequently, there is a significant
potential for exposure to environmental tobacco smoke from
indoor air;
(4) exposure to environmental tobacco smoke occurs in
public buildings and other indoor facilities;
(5) the health risks posed by environmental tobacco smoke
exceed the risks posed by many environmental pollutants
regulated by the Environmental Protection Agency; and
(6) the Administrator of General Services, having broad
authority and longstanding experience with respect to the
acquisition and management (including restriction of smoking)
of space occupied by Federal employees, is particularly
qualified to issue regulations to institute and enforce a
prohibition on smoking in such space.
SEC. 3. SMOKING PROHIBITION IN FEDERAL BUILDINGS.
(a) Smoking Prohibition.--
(1) General rule.--On and after the 180th day after the
date of the enactment of this Act, smoking shall be prohibited
in any indoor portion of a Federal building, except in areas
designated pursuant to paragraph (2).
(2) Designation of smoking areas.--The head of a Federal
agency may permit smoking in a designated area of a Federal
building owned or leased for use by such agency if such area--
(A) is ventilated separately from other portions of
the Federal building;
(B) is ventilated using a method determined by the
Administrator of General Services to be at least as
effective as the method described in subparagraph (A);
or
(C) is ventilated in accordance with Federal indoor
air quality standards for environmental tobacco smoke,
if such standards are in effect.
(b) Enforcement.--
(1) Executive branch buildings.--
(A) In general.--The Administrator of General
Services shall issue regulations, and take such other
actions as may be necessary, to institute and enforce
the prohibition contained in subsection (a) as such
prohibition applies to Federal buildings owned or
leased for use by an Executive agency.
(B) Delegation.--The Administrator is authorized to
delegate, and to authorize the redelegation of, any
authority vested in the Administrator under
subparagraph (A) (except for the authority to issue
regulations) to any official of the General Services
Administration or to the head of any other Executive
agency.
(2) Judicial branch buildings.--The Director of the
Administrative Office of the United States Courts, after
consultation with the Administrator of General Services, shall
take such actions as may be necessary to institute and enforce
the prohibition contained in subsection (a) as such prohibition
applies to Federal buildings owned or leased for use by an
establishment in the judicial branch of the Government.
(3) Legislative branch buildings.--
(A) House of representatives.--The House Office
Building Commission shall take such actions as may be
necessary to institute and enforce the prohibition
contained in subsection (a) as such prohibition applies
to Federal buildings owned or leased for use by the
House of Representatives.
(B) Senate.--The Committee on Rules and
Administration of the Senate shall take such actions as
may be necessary to institute and enforce the
prohibition contained in subsection (a) as such
prohibition applies to Federal buildings owned or
leased for use by the Senate.
(C) Other establishments.--The Architect of the
Capitol shall take such actions as may be necessary to
institute and enforce the prohibition contained in
subsection (a) as such prohibition applies to Federal
buildings owned or leased for use by an establishment
in the legislative branch of the Government (other than
the House of Representatives and the Senate).
SEC. 4. REPORT.
Not later than 2 years after the date of the enactment of this Act,
the Administrator of General Services shall transmit to the Committees
on Public Works and Transportation and on Government Operations of the
House of Representatives and the Committee on Environment and Public
Works of the Senate a report containing--
(1) information concerning the degree of compliance with
this Act; and
(2) information on research and development conducted by
the Administrator on methods of ventilation which are at least
as effective as the method described in section 3(a)(2)(A).
SEC. 5. PREEMPTION.
Nothing in this Act is intended to preempt any provision of law of
a State or political subdivision of a State that is more restrictive
than a provision of this Act.
SEC. 6. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Executive agency.--The term ``Executive agency'' has
the same meaning such term has under section 105 of title 5,
United States Code.
(2) Federal agency.--The term ``Federal agency'' means any
Executive agency or any establishments in the legislative or
judicial branches of the Government.
(3) Federal building.--The term ``Federal building'' means
any building or other structure (or portion thereof) owned or
leased for use by a Federal agency; except that the term shall
not include any building or other structure on a military
installation, any health care facility under the jurisdiction
of the Secretary of Veterans Affairs, or any area of a building
that is used primarily as living quarters.
(4) Military installation.--The term ``military
installation'' means a base, camp, post, station, yard, center,
homeport facility for any ship, or other activity under the
jurisdiction of the Department of Defense, including any leased
facility. Such term does not include any facility used
primarily for civil works, rivers and harbors projects, or
flood control projects.
Passed the House of Representatives November 15, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk. | Ban on Smoking in Federal Buildings Act - Prohibits smoking in buildings owned or leased for use by a Federal agency except in areas, as may be designated by agencies, that are ventilated: (1) separately from other portions of the building; (2) using a method determined by the Administrator of General Services to be at least as effective as such; or (3) in accordance with Federal indoor air quality standards for environmental tobacco smoke, if such standards are in effect.
Directs the Administrator of General Services (with respect to the executive branch), the Administrative Office of the United States Courts (with respect to the judicial branch), and the House Office Building Commission, the Committee on Rules and Administration of the Senate, and the Architect of the Capitol (with respect to the legislative branch) to take such actions as necessary to institute and enforce such prohibition.
Requires the Administrator to report to specified congressional committees with information concerning the degree of compliance with this Act and on research and development on methods of ventilation which are at least as effective as the method described in this Act.
Specifies that nothing in this Act is intended to preempt any provision of State or local law that is more restrictive than a provision of this Act. | Ban on Smoking in Federal Buildings Act |
233 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Hearing Detection and
Intervention Act of 2017''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Deaf and hard-of-hearing newborns, infants, and young
children require access to specialized early intervention
providers and programs in order to help them meet their
linguistic and cognitive potential.
(2) Families of deaf and hard-of-hearing newborns, infants,
and young children benefit from comprehensive early
intervention programs that assist them in supporting their
child's development in all domains.
(3) Best practices principles for early intervention for
deaf and hard-of-hearing newborns, infants, and young children
have been identified in a range of areas, including listening
and spoken language and visual and signed language acquisition,
family-to-family support, support from individuals who are deaf
or hard-of-hearing, progress monitoring, and others.
(4) Effective hearing screening and early intervention
programs must be in place to identify hearing levels in deaf
and hard-of-hearing newborns, infants, and young children so
that they may access appropriate early intervention programs in
a timely manner.
SEC. 3. REAUTHORIZATION OF PROGRAM FOR EARLY DETECTION, DIAGNOSIS, AND
TREATMENT REGARDING DEAF AND HARD-OF-HEARING NEWBORNS,
INFANTS, AND YOUNG CHILDREN.
Section 399M of the Public Health Service Act (42 U.S.C. 280g-1) is
amended to read as follows:
``SEC. 399M. EARLY DETECTION, DIAGNOSIS, AND TREATMENT REGARDING DEAF
AND HARD-OF-HEARING NEWBORNS, INFANTS, AND YOUNG
CHILDREN.
``(a) Health Resources and Services Administration.--The Secretary,
acting through the Administrator of the Health Resources and Services
Administration, shall make awards of grants or cooperative agreements
to develop statewide newborn, infant, and young childhood hearing
screening, diagnosis, evaluation, and intervention programs and
systems, and to assist in the recruitment, retention, education, and
training of qualified personnel and health care providers (including
education and training of family members) for the following purposes:
``(1) To develop and monitor the efficacy of statewide
programs and systems for hearing screening of newborns,
infants, and young children, prompt evaluation and diagnosis of
newborns, infants, and young children referred from screening
programs, and appropriate educational, audiological, medical,
and communications (or language acquisition) interventions
(including family support) for newborns, infants, and young
children identified as deaf or hard-of-hearing, consistent with
the following:
``(A) Early intervention includes referral to, and
delivery of, information and services by organizations
such as schools and agencies (including community,
consumer, and family-based agencies), medical homes for
children, and other programs under part C of the
Individuals with Disabilities Education Act (20 U.S.C.
1431 et seq.), which offer programs specifically
designed to meet the unique language and communication
needs of deaf and hard-of-hearing newborns, infants,
and young children.
``(B) Information provided to parents shall be
accurate, comprehensive, and, where appropriate,
evidence-based, allowing families to make important
decisions for their children in a timely way, including
decisions relating to all possible assistive hearing
technologies (such as hearing aids, cochlear implants,
and osseointegrated devices) and communication
modalities (such as oral and visual communications and
language acquisition services and programs).
``(C) Programs and systems under this paragraph
shall offer mechanisms that foster family-to-family and
deaf and hard-of-hearing consumer-to-family supports.
``(2) To continue to provide technical support to States,
through one or more technical resource centers, to assist in
further developing and enhancing State early hearing detection
and intervention programs.
``(3) To identify or develop efficient models (educational
and medical) to ensure that newborns, infants, and young
children who are identified through screening as deaf or hard-
of-hearing receive, as appropriate, follow-up by qualified
early intervention providers, qualified health care providers,
or medical homes for children and referrals to early
intervention services (including special education and related
services, as appropriate) under part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1431 et seq.). State
agencies shall be encouraged to effectively increase the rate
of such follow-up and referral.
``(b) Technical Assistance, Data Management, and Applied
Research.--
``(1) Centers for disease control and prevention.--
``(A) In general.--The Secretary, acting through
the Director of the Centers for Disease Control and
Prevention, shall make awards of grants or cooperative
agreements to provide technical assistance to State
agencies or designated entities of States--
``(i) for the development, maintenance, and
improvement of data tracking and surveillance
systems on newborn, infant, and young childhood
hearing screening, audiologic evaluations,
medical evaluations, language-acquisition
evaluations, and intervention services;
``(ii) to conduct applied research related
to services and outcomes;
``(iii) to provide technical assistance
related to newborn, infant, and young childhood
hearing screening, evaluation, and intervention
programs, and information systems;
``(iv) to ensure high-quality monitoring of
hearing screening, evaluation, and intervention
programs and systems for newborns, infants, and
young children; and
``(v) to coordinate developing standardized
procedures for data management and assessing
program and cost effectiveness.
``(B) Use of awards.--The awards under subparagraph
(A) may be used--
``(i) to provide technical assistance on
data collection and management;
``(ii) to study and report on the costs and
effectiveness of newborn, infant, and young
childhood hearing screening, evaluation,
diagnosis, intervention programs, and systems
in order to address issues of importance to
State and national policy makers;
``(iii) to collect data and report on
newborn, infant, and young childhood hearing
screening, evaluation, diagnosis, and
intervention programs and systems that can be
used for applied research, program evaluation,
and policy development;
``(iv) to identify the causes and risk
factors for congenital hearing loss;
``(v) to study the effectiveness of
newborn, infant, and young childhood hearing
screening, audiologic evaluations, medical
evaluations, and intervention programs and
systems by assessing the health, intellectual
and social developmental, cognitive, and
hearing status of children at school age; and
``(vi) to promote the integration, linkage,
and interoperability of data regarding early
hearing loss and multiple sources to increase
information exchanges between clinical care and
public health, including the ability of States
and territories to exchange and share data.
``(2) National institutes of health.--The Director of the
National Institutes of Health, acting through the Director of
the National Institute on Deafness and Other Communication
Disorders, shall, for purposes of this section, continue a
program of research and development on the efficacy of new
screening techniques and technology, including clinical studies
of screening methods, studies on the efficacy of intervention,
and related research.
``(c) Coordination and Collaboration.--
``(1) In general.--In carrying out programs under this
section, the Administrator of the Health Resources and Services
Administration, the Director of the Centers for Disease Control
and Prevention, and the Director of the National Institutes of
Health shall collaborate and consult with--
``(A) other Federal agencies;
``(B) State and local agencies, including agencies
responsible for early intervention services (including
special education and related services, as appropriate)
pursuant to title V of the Social Security Act (42
U.S.C. 701 et seq.) (Maternal and Child Health Services
Block Grant), title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) (Medicaid Early and Periodic
Screening, Diagnosis and Treatment Program), title XXI
of the Social Security Act (42 U.S.C. 1397aa et seq.)
(State Children's Health Insurance Program), and part C
of the Individuals with Disabilities Education Act (20
U.S.C. 1431 et seq.);
``(C) consumer groups of, and that serve,
individuals who are deaf and hard-of-hearing and their
families;
``(D) appropriate national medical and other health
and education specialty organizations;
``(E) individuals who are deaf or hard-of-hearing
and their families;
``(F) other qualified professional personnel who
are proficient in deaf or hard-of-hearing children's
language and who possess the specialized knowledge,
skills, and attributes needed to serve deaf and hard-
of-hearing newborns, infants, young children, and their
families;
``(G) third-party payers and managed-care
organizations; and
``(H) related commercial industries.
``(2) Policy development.--The Administrator of the Health
Resources and Services Administration, the Director of the
Centers for Disease Control and Prevention, and the Director of
the National Institutes of Health shall coordinate and
collaborate on recommendations for policy development at the
Federal and State levels and with the private sector, including
consumer, medical, and other health and education professional-
based organizations, with respect to newborn and infant hearing
screening, evaluation, diagnosis, and intervention programs and
systems.
``(3) State early detection, diagnosis, and intervention
programs and systems; data collection.--The Administrator of
the Health Resources and Services Administration and the
Director of the Centers for Disease Control and Prevention
shall coordinate and collaborate in assisting States--
``(A) to establish newborn, infant, and young
childhood hearing screening, evaluation, diagnosis, and
intervention programs and systems under subsection (a);
and
``(B) to develop a data collection system under
subsection (b)(1).
``(d) Rule of Construction; Religious Accommodation.--Nothing in
this section shall be construed to preempt or prohibit any State law,
including State laws that do not require the screening for hearing loss
of newborns, infants, or young children of any parent who objects to
the screening on the grounds that such screening conflicts with the
parent's religious beliefs.
``(e) Definitions.--For purposes of this section:
``(1) The term `audiologic', when used in connection with
evaluation, means procedures--
``(A) to assess the status of the auditory system;
``(B) to establish the site of the auditory
disorder, the type and degree of hearing loss, and the
potential effects of hearing loss on communication; and
``(C) to identify appropriate treatment and
referral options, including--
``(i) linkage to State agencies
coordinating the programs under part C of the
Individuals with Disabilities Education Act (20
U.S.C. 1431 et seq.) or other appropriate
agencies;
``(ii) medical evaluation;
``(iii) hearing aid or sensory aid
assessment;
``(iv) audiologic rehabilitation treatment;
and
``(v) referral to national and local
consumer, self-help, family, and education
organizations, and other family-centered
services.
``(2) The term `early intervention' means--
``(A) providing appropriate services for a child
who is deaf or hard-of-hearing, including nonmedical
services; and
``(B) ensuring the family of such child is--
``(i) provided comprehensive, consumer-
oriented information about the full range of
family support, training, information services,
and language acquisition in oral and visual
modalities; and
``(ii) given the opportunity to consider
and obtain the full range of such appropriate
services, educational and program placements,
and other options for the child from highly
qualified providers.
``(3) The term `medical evaluation' means key components
performed by a physician, including history, examination, and
medical decisionmaking focused on symptomatic and related body
systems for the purpose of diagnosing the etiology of hearing
loss and related physical conditions, and for identifying
appropriate treatment and referral options.
``(4) The term `medical intervention' means the process by
which a physician provides medical diagnosis and direction for
medical or surgical treatment options for hearing loss or other
medical disorders associated with hearing loss.
``(5) The term `newborn, infant, and young childhood
hearing screening' means objective physiologic procedures to
detect possible hearing loss and to identify newborns, infants,
and young children up to the age of three who require further
audiologic evaluations and medical evaluations.
``(f) Authorization of Appropriations.--
``(1) Statewide newborn, infant, and young childhood
hearing screening, evaluation and intervention programs and
systems.--For the purpose of carrying out subsection (a), there
are authorized to be appropriated to the Health Resources and
Services Administration $17,800,000 for each of fiscal years
2018 through 2022.
``(2) Technical assistance, data management, and applied
research; centers for disease control and prevention.--For the
purpose of carrying out subsection (b)(1), there are authorized
to be appropriated to the Centers for Disease Control and
Prevention $10,800,000 for each of fiscal years 2018 through
2022.
``(3) Technical assistance, data management, and applied
research; national institute on deafness and other
communication disorders.--No additional funds are authorized to
be appropriated for the purpose of carrying out subsection
(b)(2). Such subsection shall be carried out using funds which
are otherwise authorized (under section 402A or other
provisions of law) to be appropriated for such purpose.''. | Early Hearing Detection and Intervention Act of 2017 This bill amends the Public Health Service Act to revise programs for deaf and hard-of-hearing newborns and infants, including to expand the programs to include young children. The programs are reauthorized through FY2022. Health Resources and Services Administration support for the education and training of personnel and health care providers for such programs is expanded to include education and training of family members. | Early Hearing Detection and Intervention Act of 2017 |
234 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Salmon Economic Analysis and
Planning Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds and declares the following:
(1) Certain species of salmon and steelhead in the Columbia
and Snake River Basin are on the brink of extinction as a
consequence of various factors, including hydroelectric
projects, harvest management practices, habitat degradation,
altered in stream flow, and unsound hatchery practices.
(2) These salmon and steelhead have major economic,
ecological, educational, recreational, scientific, cultural,
and spiritual significance to the Nation and its people.
(3) The Federal Government and ratepayers in the Pacific
Northwest have spent more than $6,000,000,000 on salmon
recovery efforts.
(4) Thirteen salmon and steelhead species in the Columbia
and Snake River Basin are listed for protections under the
Endangered Species Act of 1973 (6 U.S.C. 1531 et seq.).
(5) Salmon and steelhead extinction could cost taxpayers
billions of dollars.
(6) Salmon and steelhead are symbols of the Pacific
Northwest, support thousands of jobs in coastal and inland
communities, and serve as an indicator of the health of
Northern California and Pacific Northwest river ecosystems.
(7) Salmon and steelhead of the Snake River are a vital
economic resource to communities in Alaska, Washington, Oregon,
Idaho, and California. Restoring Snake River salmon to healthy,
self-sustaining, harvestable levels will have significant
economic benefits for these communities. Understanding these
benefits is imperative to setting public policy on salmon
restoration efforts in the Northwest.
(8) The original range of Snake River salmon included not
only their existing habitat in central Idaho, northeast Oregon,
southeast Washington, the lower Columbia River, and the coastal
waters of Alaska, California, Oregon, and Washington, but also
currently inaccessible habitat in the upper Snake River Basin,
including southern Idaho, southeast Oregon, and northern
Nevada.
(9) The United States Government has signed treaties with
Indian tribes in Oregon, Washington, Montana, and Idaho and
with the Government of Canada creating a legally enforceable
trust responsibility to restore salmon populations to
sustainable, harvestable levels.
(10) Since the construction of 4 Federal dams on the lower
Snake River in Washington, salmon and steelhead populations in
the Snake River have significantly declined, and all salmon and
steelhead in the Snake River are extinct or listed as
endangered or threatened under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.).
(11) Recent studies indicate that the time remaining to
protect remaining Snake River salmon and steelhead is short,
with scientists estimating that, if changes do not occur, many
if not all of the remaining Snake River salmon and steelhead
populations will be extinct in our lifetime.
(12) A federally funded group of State, tribal, Federal,
and independent scientists found that partially removing the 4
lower Snake River dams in Washington is the surest way to
protect and recover Snake River salmon and steelhead.
(13) Several communities that rely on the 4 lower Snake
River dams would be affected by partial dam removal.
(14) A Federal court has found that the 4 lower Snake River
dams violate water quality standards under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.).
(15) Energy production in the Northwest is heavily
dependent upon hydropower and thus, the prospects for salmon
recovery and hydropower management are inextricably linked.
(b) Purposes.--The purposes of this Act are--
(1) to ensure the protection and recovery of Columbia and
Snake River salmon and steelhead to self-sustaining,
harvestable levels, while providing for reliable, reasonably
priced energy in the Northwest and an economically sustainable
salmon recovery program, and to maximize the potential economic
benefits from potential dam removal while mitigating for its
impacts; and
(2) to ensure that the Northwest and the Nation have
completed the necessary planning and evaluation to efficiently
manage salmon recovery, implement biologically effective
measures, and respond rapidly if major new actions are
necessary to protect and recover salmon and steelhead in the
Columbia and Snake River Basin.
SEC. 3. SCIENTIFIC ANALYSIS OF FEDERAL SALMON RECOVERY EFFORTS.
(a) In General.--Not later than 3 months after the date of
enactment of this Act, the Secretary of Commerce shall enter into an
arrangement with the National Academy of Sciences providing for
scientific analysis of Federal salmon protection, restoration, and
recovery actions (hereinafter ``recovery actions'') and submission of a
report on the results of the analysis in accordance with subsection
(c).
(b) Subjects of Analysis.--
(1) In general.--For purposes of this section, scientific
analysis shall include, at a minimum, review of--
(A) the biological effectiveness of--
(i) current Federal recovery actions for
Columbia and Snake River Basin salmon and
steelhead populations; and
(ii) anticipated Federal recovery actions
for such populations, including those actions
currently in the planning stage or proposed in
the most current Federal Columbia River Power
System biological opinion; and
(B) the timelines for, and feasibility of,
implementing those recovery actions.
(2) Comparison of effectiveness.--In such review, the
effectiveness of those actions--
(A) shall be compared to the effectiveness of a
Federal salmon recovery strategy that includes, but is
not limited to, partial dam removal; and
(B) shall be evaluated and compared with respect to
whether they are likely to achieve recovery to self-
sustaining, harvestable population levels of naturally
spawning, wild salmon and steelhead populations listed
under section 4(c) of the Endangered Species Act of
1973 (16 U.S.C. 1533).
(3) Identification of limiting factors.--The analysis shall
also identify limiting factors to salmon and steelhead recovery
including the impacts of tributary habitat degradation, salmon
harvest, hatcheries, and hydropower dams.
(4) Global climate change analysis.--The analysis shall
also--
(A) identify the effect of global climate change on
ocean conditions and on hydrological conditions in the
Snake and Columbia Rivers and their salmon and
steelhead-bearing tributaries; and
(B) examine how such global climate change effects
might affect the Federal recovery actions necessary to
achieve recovery of naturally spawning, wild salmon and
steelhead populations to self-sustaining, harvestable
levels.
(c) Report.--Not later than 8 months after the date of enactment of
this Act, the National Academy of Sciences shall submit a final report
on the results of the scientific analysis conducted under this section
to the Secretary of Commerce and the Congress.
SEC. 4. STUDIES REGARDING REMOVAL OF LOWER SNAKE RIVER DAMS.
(a) Study of Assessments of Effects and Costs of Dam Removal.--The
Comptroller General of the United States shall conduct a study
reviewing the various assessments that have been conducted by Federal
agencies and others regarding the potential effects and costs of
partially and fully removing the 4 lower Snake River dams. The
Comptroller General's review shall include a comparison of the scope
and methodologies used in, findings of, and recommendations made in
those studies that have addressed any or all of the following:
(1) The economic effects of dam removal and recovered Snake
River salmon and steelhead populations for communities near the
dams, for communities upstream from the dams, and for
downstream and coastal communities, including downstream and
coastal communities located within the boundaries of Alaska,
California, and Canada. This analysis should include the
impacts on commercial fishing, sport fishing, and nonfishing
recreation such as boating and camping, including employment
gains or losses that would result from removing the lower Snake
River dams and replacing their energy, navigation, and water
supply benefits in the most cost-effective manner.
(2) The effects of dam removal on freight transportation,
including--
(A) the feasibility, costs, and sufficiency of
various alternative transportation configurations
utilizing existing or upgraded railroads, highways,
Columbia River barges, or other means;
(B) the economic benefits and costs of various
alternatives for replacing the dams' freight
transportation benefits;
(C) the environmental impact of shifting to such
alternatives;
(D) the means for mitigating any environmental harm
that might be caused by the use of such alternatives;
and
(E) any development or expansion of such
alternatives that would be required to continue
transporting the same amount of cargo that is currently
transported on the lower Snake River.
(3) The effects of dam removal on irrigation, including the
availability of alternatives to replace irrigation water or to
extend irrigation pumps.
(4) The effects of dam removal on energy production,
including the regional effects of any changes in energy
production, identification of alternative renewable energy
sources or energy efficiency measures that could replace any
loss in energy production, and the benefits and costs of such
energy alternatives.
(5) The economic effects of extinction of the salmon and
steelhead populations in the Snake River.
(b) Review of Dam Removal Engineering Cost Determinations by Corps
of Engineers.--The Comptroller General of the United States shall
conduct a study reviewing and determining the accuracy of the
engineering costs associated with dam removal as determined by the
February 2002 Army Corps of Engineers Lower Snake River Juvenile Salmon
Migration Feasibility Report/Environmental Impact Statement.
(c) Reports.--Not later than 12 months after the date of enactment
of this Act, the Comptroller General shall submit to the Congress final
reports on both of the studies required under this section.
SEC. 5. DEFINITIONS.
In this Act, the following definitions apply:
(1) Federal salmon recovery actions.--The term ``Federal
salmon recovery actions'' means Federal actions required to
protect, recover, and restore salmon and steelhead in the
Columbia and Snake River basin that are listed under section
4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)).
(2) Lower snake river dams.--The term ``4 lower Snake River
dams'' means the following dams on the Snake River in
Washington:
(A) The Ice Harbor dam.
(B) The Lower Monumental dam.
(C) The Little Goose dam.
(D) The Lower Granite dam.
(3) Populations.--The term ``populations'' means the 13
evolutionarily significant units of salmon and steelhead in the
Columbia and Snake River Basin that are listed under section
4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)).
(4) Partial removal.--The terms ``partially removing'' and
``partial dam removal'' mean removing only the earthen portions
of the lower Snake River dams and leaving the powerhouse and
turbines in place. | Salmon Economic Analysis and Planning Act - Requires the Secretary of Commerce to enter into an arrangement with the National Academy of Sciences for scientific analysis of federal salmon protection, restoration, and recovery actions. Requires such analysis to include: (1) the biological effectiveness of current recovery actions for Columbia and Snake River Basin salmon and steelhead populations; (2) a comparison of the effectiveness of salmon recovery actions; and (3) an identification of limiting factors and global climate change on salmon recovery actions.
Requires the Comptroller General to study the potential effects and costs of partially and fully removing the four lower Snake River dams, including those on: (1) the economy of surrounding communities; (2) freight transportation; (3) irrigation; (4) energy production; and (5) the extinction of salmon and steelhead populations in the Snake River. Requires the Comptroller General to study the accuracy of the engineering costs associated with dam removal as determined by the February 2002 Army Corps of Engineers Lower Snake River Juvenile Salmon Migration Feasibility Report/Environmental Impact Statement. | To ensure that proper information gathering and planning are undertaken to secure the preservation and recovery of the salmon and steelhead of the Columbia River Basin in a manner that protects and enhances local communities, ensures effective expenditure of Federal resources, and maintains reasonably priced, reliable power, to direct the Secretary of Commerce to seek scientific analysis of Federal efforts to restore salmon and steelhead listed under the Endangered Species Act of 1973, and for other purposes. |
235 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paycheck Fairness Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Women have entered the workforce in record numbers.
(2) Even in the 1990s, women earn significantly lower pay
than men for work on jobs that require equal skill, effort, and
responsibility and that are performed under similar working
conditions. These pay disparities exist in both the private and
governmental sectors. In many instances, the pay disparities
can only be due to continued intentional discrimination or the
lingering effects of past discrimination.
(3) The existence of such pay disparities--
(A) depresses the wages of working families who
rely on the wages of all members of the family to make
ends meet;
(B) prevents the optimum utilization of available
labor resources;
(C) has been spread and perpetuated, through
commerce and the channels and instrumentalities of
commerce, among the workers of the several States;
(D) burdens commerce and the free flow of goods in
commerce;
(E) constitutes an unfair method of competition in
commerce;
(F) leads to labor disputes burdening and
obstructing commerce and the free flow of goods in
commerce;
(G) interferes with the orderly and fair marketing
of goods in commerce; and
(H) in many instances, may deprive workers of equal
protection on the basis of sex in violation of the
fifth and 14th amendments.
(4)(A) Artificial barriers to the elimination of
discrimination in the payment of wages on the basis of sex
continue to exist more than 3 decades after the enactment of
the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.)
and the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.).
(B) Elimination of such barriers would have positive
effects, including--
(i) providing a solution to problems in the economy
created by unfair pay disparities;
(ii) substantially reducing the number of working
women earning unfairly low wages, thereby reducing the
dependence on public assistance; and
(iii) promoting stable families by enabling all
family members to earn a fair rate of pay;
(iv) remedying the effects of past discrimination
on the basis of sex and ensuring that in the future
workers are afforded equal protection on the basis of
sex; and
(v) in the private sector, ensuring equal
protection pursuant to Congress' power to enforce the
fifth and 14th amendments.
(5) With increased information about the provisions added
by the Equal Pay Act of 1963 and generalized wage data, along
with more effective remedies, women will be better able to
recognize and enforce their rights to equal pay for work on
jobs that require equal skill, effort, and responsibility and
that are performed under similar working conditions.
(6) Certain employers have already made great strides in
eradicating unfair pay disparities in the workplace and their
achievements should be recognized.
SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY REQUIREMENTS.
(a) Nonretaliation Provision.--Section 15(a)(3) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 215(a)(3)) is amended--
(1) by striking ``or has'' each place it appears and
inserting ``has''; and
(2) by inserting before the semicolon the following: ``, or
has inquired about, discussed, or otherwise disclosed the wages
of the employee or another employee''.
(b) Enhanced Penalties.--Section 16(b) of such Act (29 U.S.C.
216(b)) is amended--
(1) by inserting after the first sentence the following:
``Any employer who violates section 6(d) shall additionally be
liable for such compensatory or punitive damages as may be
appropriate, except that the United States shall not be liable
for punitive damages'';
(2) in the sentence beginning ``An action to'', by striking
``either of the preceding sentences'' and inserting ``any of
the preceding sentences of this subsection'';
(3) in the sentence beginning ``No employees shall'', by
striking ``No employees'' and inserting ``Except with respect
to class actions brought to enforce section 6(d), no
employee'';
(4) by inserting after such sentence the following:
``Notwithstanding any other provision of Federal law, any
action brought to enforce section 6(d) may be maintained as a
class action as provided by the Federal Rules of Civil
Procedure.''; and
(5) in the sentence beginning ``The court in''--
(A) by striking ``in such action'' and inserting
``in any action brought to recover the liability
prescribed in any of the preceding sentences of this
subsection''; and
(B) by inserting before the period the following:
``, including expert fees''.
(c) Action by Secretary.--Section 16(c) of such Act (29 U.S.C.
216(c)) is amended--
(1) in the first sentence--
(A) by inserting ``or, in the case of a violation
of section 6(d), additional compensatory or punitive
damages,'' before ``and the agreement''; and
(B) by inserting before the period the following:
``, or such compensatory or punitive damages, as
appropriate'';
(2) in the second sentence, by inserting before the period
the following: `` and, in the case of a violation of section
6(d), additional compensatory or punitive damages'';
(3) in the third sentence, by striking ``the first
sentence'' and inserting ``the first or second sentence''; and
(4) in the last sentence, by inserting after ``in the
complaint'' the following: ``or becomes a party plaintiff in a
class action brought to enforce section 6(d)''.
SEC. 4. TRAINING.
The Equal Employment Opportunity Commission and the Office of
Federal Contract Compliance Programs, subject to the availability of
funds appropriated under section 9(b), shall provide training to
Commission employees and affected individuals and entities on matters
involving discrimination in the payment of wages.
SEC. 5. RESEARCH, EDUCATION, AND OUTREACH.
The Secretary of Labor shall conduct studies and provide
information to employers, labor organizations, and the general public
concerning the means available to eliminate pay disparities between men
and women, including--
(1) conducting and promoting research to develop the means
to correct expeditiously the conditions leading to the pay
disparities;
(2) publishing and otherwise making available to employers,
labor organizations, professional associations, educational
institutions, the media, and the general public the findings
resulting from studies and other materials, relating to
eliminating the pay disparities;
(3) sponsoring and assisting State and community
informational and educational programs;
(4) providing information to employers, labor
organizations, professional associations, and other interested
persons on the means of eliminating the pay disparities;
(5) recognizing and promoting the achievements of
employers, labor organizations, and professional associations
that have worked to eliminate the pay disparities; and
(6) convening a national summit to discuss, and consider
approaches for rectifying, the pay disparities.
SEC. 6. TECHNICAL ASSISTANCE AND EMPLOYER RECOGNITION PROGRAM.
(a) Guidelines.--
(1) In general.--The Secretary of Labor shall develop
guidelines to enable employers to evaluate job categories based
on objective criteria such as educational requirements, skill
requirements, independence, working conditions, and
responsibility, including decisionmaking responsibility and de
facto supervisory responsibility.
(2) Use.--The guidelines developed under paragraph (1)
shall be designed to enable employers voluntarily to compare
wages paid for different jobs to determine if the pay scales
involved adequately and fairly reflect the educational
requirements, skill requirements, independence, working
conditions, and responsibility for each such job with the goal
of eliminating unfair pay disparities between occupations
traditionally dominated by men or women.
(3) Publication.--The guidelines shall be developed under
paragraph (1) and published in the Federal Register not later
than 180 days after the date of enactment of this Act.
(b) Employer Recognition.--
(1) Purpose.--It is the purpose of this subsection to
emphasize the importance of, encourage the improvement of, and
recognize the excellence of employer efforts to pay wages to
women that reflect the real value of the contributions of such
women to the workplace.
(2) In general.--To carry out the purpose of this
subsection, the Secretary of Labor shall establish a program
under which the Secretary shall provide for the recognition of
employers who, pursuant to a voluntary job evaluation conducted
by the employer, adjust their wage scales (such adjustments
shall not include the lowering of wages paid to men) using the
guidelines developed under subsection (a) to ensure that women
are paid fairly in comparison to men.
(3) Technical assistance.--The Secretary of Labor may
provide technical assistance to assist an employer in carrying
out an evaluation under paragraph (2).
(c) Regulations.--The Secretary of Labor shall promulgate such
rules and regulations as may be necessary to carry out this section.
SEC. 7. ESTABLISHMENT OF THE NATIONAL AWARD FOR PAY EQUITY IN THE
WORKPLACE.
(a) In General.--There is established the Robert Reich National
Award for Pay Equity in the Workplace, which shall be evidenced by a
medal bearing the inscription ``Robert Reich National Award for Pay
Equity in the Workplace''. The medal shall be of such design and
materials, and bear such additional inscriptions, as the Secretary may
prescribe.
(b) Criteria for Qualification.--To qualify to receive an award
under this section a business shall--
(1) submit a written application to the Secretary, at such
time, in such manner, and containing such information as the
Secretary may require, including at a minimum information that
demonstrates that the business has made substantial effort to
eliminate pay disparities between men and women, and deserves
special recognition as a consequence; and
(2) meet such additional requirements and specifications as
the Secretary determines to be appropriate.
(c) Making and Presentation of Award.--
(1) Award.--After receiving recommendations from the
Secretary, the President or the designated representative of
the President shall annually present the award described in
subsection (a) to businesses that meet the qualifications
described in subsection (b).
(2) Presentation.--The President or the designated
representative of the President shall present the award with
such ceremonies as the President or the designated
representative of the President may determine to be
appropriate.
(d) Business.--For the purposes of this section, the term
``business'' includes--
(1)(A) a corporation, including a nonprofit corporation;
(B) a partnership;
(C) a professional association;
(D) a labor organization; and
(E) a business entity similar to an entity described in any
of subparagraphs (A) through (D);
(2) an entity carrying out an education referral program, a
training program, such as an apprenticeship or management
training program, or a similar program; and
(3) an entity carrying out a joint program, formed by a
combination of any entities described in paragraph (1) or (2).
SEC. 8. SENSE OF THE SENATE REGARDING INCREASED INFORMATION ON PAY
DISPARITIES.
It is the sense of the Senate that the President should take
appropriate steps to increase the amount of information available with
respect to wage disparities. In so doing, the President, or his
designees, should consider ways of collecting this data that--
(1) maximize the utility of the information for both the
government and the public; while
(2) protecting individuals' privacy and minimizing the
burdens on reporting entities. | Paycheck Fairness Act - Amends the Fair Labor Standards Act of 1938 (FLSA) and the Civil Rights Act of 1964 (CRA) to revise and increase remedies and enforcement on behalf of victims of discrimination in the payment of wages on the basis of sex.
Amends FLSA to provide for enhanced enforcement of equal pay requirements, adding a nonretaliation requirement. Increases penalties for such violations. Provides for the Secretary of Labor to seek additional compensatory or punitive damages in such cases.
Amends CRA to direct the Equal Employment Opportunity Commission (EEOC) to require certain employers to maintain payroll records and report to the EEOC pay information analyzed by race, sex, and national origin of employees. Applies such requirement applicable to employers who have 100 or more employees for each working day in each of 20 or more calendar weeks.
Requires EEOC to train its employees and affected individuals and entities on matters involving discrimination in the payment of wages.
Directs the Secretary to conduct studies and provide information to employers, labor organizations, and the general public concerning the means available to eliminate pay disparities between men and women, including convening a national summit and carrying out other specified activities.
Establishes the Robert Reich National Award for Pay Equity in the Workplace, which shall be evidenced by a medal. Sets forth criteria for specified types of entities to receive such an award.
Authorizes appropriations to the EEOC and to the Secretary to carry out this Act. | Paycheck Fairness Act |
236 | SECTION 1. DECLARATION OF POLICY.
It is the policy of the United States to end the needless maiming
and suffering inflicted upon animals through the use of steel jaw
leghold traps by prohibiting the import or export of, and the shipment
in interstate commerce of, such traps and of articles of fur from
animals that were trapped in such traps.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term ``article of fur'' means--
(A) any furskin, whether raw or tanned or dressed;
or
(B) any article, however produced, that consists in
whole or part of any furskin.
For purposes of subparagraph (A), the terms ``furskin'',
``raw'', and ``tanned or dressed'' have the same respective
meanings as those terms have under headnote 1 of chapter 43 of
the Harmonized Tariff Schedule of the United States.
(2) The term ``interstate commerce'' shall have the same
meaning as that given to such term in section 10 of title 18,
United States Code.
(3) The term ``import'' means to land on, bring into, or
introduce into, any place subject to the jurisdiction of the
United States, whether or not such landing, bringing, or
introduction constitutes an entry into the customs territory of
the United States.
(4) The term ``person'' includes any individual,
partnership, association, corporation, trust, or any officer,
employee, agent, department, or instrumentality of the Federal
Government or of any State or political subdivision thereof, or
any other entity subject to the jurisdiction of the United
States.
(5) The term ``Secretary'' means the Secretary of the
Interior.
(6) The term ``steel jaw leghold trap'' means any spring-
powered pan- or sear-activated device with two opposing steel
jaws which is designed to capture an animal by snapping closed
upon the animal's limb or part thereof.
SEC. 3. PROHIBITED ACTS AND PENALTIES.
(a) Prohibition.--No article of fur shall be imported, exported, or
shipped in interstate commerce if any part or portion of such article
is derived from an animal that was trapped in a steel jaw leghold trap.
(b) Offenses.--It is unlawful for any person knowingly--
(1) to import, export, ship, or receive any article of fur
in contravention of subsection (a);
(2) to import, export, deliver, carry, transport, or ship
by any means whatever, in interstate commerce, any steel jaw
leghold trap;
(3) to sell, receive, acquire, or purchase any steel jaw
leghold trap that was delivered, carried, transported, or
shipped in contravention of paragraph (2); or
(4) to violate any regulation prescribed by the Secretary
under this section.
(c) Penalties.--Any person who knowingly commits an act which
violates subsection (a) or (b), or any regulation issued under this
section, shall, in addition to any other penalty that may be imposed--
(1) for the first such violation, be guilty of an
infraction under title 18, United States Code; and
(2) for each subsequent violation, be imprisoned for not
more than two years, or fined in the amount set forth in title
18, United States Code, or both.
SEC. 4. REWARDS.
The Secretary shall pay, to any person who furnishes information
which leads to a conviction of a violation of any provision of this Act
or any regulation issued thereunder, an amount equal to one half of the
fine paid pursuant to the conviction. Any officer or employee of the
United States or of any State or local government who furnishes
information or renders service in the performance of his or her
official duties is not eligible for payment under this section.
SEC. 5. ENFORCEMENT.
(a) In General.--Except with respect to violations of this Act to
which subsection (b) applies, the provisions of this Act and any
regulations issued pursuant thereto shall be enforced by the Secretary,
who may utilize by agreement, with or without reimbursement, the
personnel, services, and facilities of any other Federal agency or any
State agency for purposes of enforcing this Act and such regulations.
(b) Export and Import Violations.--
(1) Import violations.--The importation of articles in
contravention of section 3 shall be treated as a violation of
the customs laws of the United States, and those provisions of
law relating to violations of the customs laws shall apply
thereto.
(2) Export violations.--The authorities under the Export
Administration Act of 1979 (including penalties) shall be used
to enforce the provisions of this Act relating to the export of
articles in contravention of section 3.
(c) Judicial Process.--The district courts of the United States
may, within their respective jurisdictions, upon proper oath or
affirmation showing probable cause, issue such warrants or other
process as may be required for enforcement of this Act and any
regulation issued thereunder.
(d) Enforcement Authorities.--Any individual having authority to
enforce this Act (except with respect to violations to which subsection
(b) applies), may, in exercising such authority--
(1) detain for inspection, search, and seize any package,
crate, or other container, including its contents, and all
accompanying documents, if such individual has reasonable cause
to suspect that in such package, crate, or other container are
articles with respect to which a violation of this Act (except
with respect to a violations to which subsection (b) applies)
has occurred, is occurring, or is about to occur;
(2) make arrests without a warrant for any violation of
this Act (except with respect to a violation to which
subsection (b) applies) committed in his or her presence or
view or if the individual has probable cause to believe that
the person to be arrested has committed or is committing such a
violation; and
(3) execute and serve any arrest warrant, search warrant,
or other warrant or criminal process issued by any judge or
magistrate of any court of competent jurisdiction for
enforcement of this Act (except with respect to violations to
which subsection (b) applies).
(e) Forfeiture.--Except with respect to exports to which the
provisions of the Export Administration Act of 1979 apply, and imports
to which the customs laws of the United States apply, pursuant to
subsection (b), any article of fur or steel jaw leghold trap taken,
possessed, sold, purchased, offered for sale or purchase, imported,
exported, transported, delivered, received, carried, or shipped in
violation of this Act or any regulation issued pursuant thereto, shall
be subject to forfeiture to the United States. Those provisions of law
relating to--
(1) the seizure, summary and judicial forfeiture, and
condemnation of property for violations of the customs laws,
(2) the disposition of such property or the proceeds from
the sale thereof,
(3) the remission or mitigation of such forfeitures, and
(4) the compromise of claims,
shall apply to seizures and forfeitures incurred, or alleged to have
been incurred, under the provisions of this subsection, insofar as
applicable and not inconsistent with this title; except that such
duties as are imposed upon the customs officer or any other person with
respect to the seizure and forfeiture of property under the customs
laws may be performed with respect to seizures and forfeitures of
property under this subsection by the Secretary or such officers and
employees as may be authorized or designated for that purpose by the
Secretary, or, upon the request of the Secretary, by any other agency
that has authority to manage and dispose of seized property.
(f) Injunctions.--The Attorney General of the United States may
seek to enjoin any person who is alleged to be in violation of any
provision of this Act or regulation issued under authority thereof.
(g) Cooperation.--The Secretary of Commerce, the Secretary of the
Treasury, and the head of any other department or agency with
enforcement responsibilities under this Act shall cooperate with the
Secretary in ensuring that this Act, and regulations issued thereunder,
are enforced in the most effective and efficient manner.
SEC. 6. REGULATIONS.
(a) In General.--The Secretary shall prescribe such regulations as
are necessary to carry out this Act.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect one year after the date of its
enactment. | Prohibits the import, export, or shipment in interstate commerce of steel jaw leghold traps and of articles of fur derived from animals trapped in such traps.
Prescribes criminal penalties for violations of this Act.
Directs the Secretary of the Interior to reward nongovernment informers for information leading to a conviction under this Act. Empowers enforcement officials to detain, search, and seize suspected merchandise or documents and to make arrests with and without warrants. Subjects seized merchandise to forfeiture. | To end the use of steel jaw leghold traps on animals in the United States. |
237 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Abandoned Mine Land Area
Redevelopment Act of 2001''.
SEC. 2. CREDIT TO HOLDERS OF QUALIFIED ABANDONED MINE LAND AREA
REDEVELOPMENT BONDS.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 30B. CREDIT TO HOLDERS OF QUALIFIED ABANDONED MINE LAND AREA
REDEVELOPMENT BONDS.
``(a) Allowance of Credit.--In the case of a taxpayer who holds a
qualified abandoned mine land area redevelopment bond on a credit
allowance date of such bond which occurs during the taxable year, there
shall be allowed as a credit against the tax imposed by this chapter
for such taxable year an amount equal to the sum of the credits
determined under subsection (b) with respect to credit allowance dates
during such year on which the taxpayer holds such bond.
``(b) Amount of Credit.--
``(1) In general.--The amount of the credit determined
under this subsection with respect to any credit allowance date
for a qualified abandoned mine land area redevelopment bond is
25 percent of the annual credit determined with respect to such
bond.
``(2) Annual credit.--The annual credit determined with
respect to any qualified abandoned mine land area redevelopment
bond is the product of--
``(A) the applicable credit rate, multiplied by
``(B) the outstanding face amount of the bond.
``(3) Applicable credit rate.--For purposes of paragraph
(1), the applicable credit rate with respect to an issue is the
rate equal to an average market yield (as of the day before the
date of issuance of the issue) on outstanding long-term
corporate debt obligations (determined under regulations
prescribed by the Secretary).
``(4) Special rule for issuance and redemption.--In the
case of a bond which is issued during the 3-month period ending
on a credit allowance date, the amount of the credit determined
under this subsection with respect to such credit allowance
date shall be a ratable portion of the credit otherwise
determined based on the portion of the 3-month period during
which the bond is outstanding. A similar rule shall apply when
the bond is redeemed.
``(c) Qualified Abandoned Mine Land Area Redevelopment Bond.--For
purposes of this section--
``(1) In general.--The term `qualified abandoned mine land
area redevelopment bond' means any bond issued as part of an
issue if--
``(A) the issuer is an approved special purpose
entity,
``(B) all of the net proceeds of the issue are
deposited into either--
``(i) an approved segregated program fund,
or
``(ii) a sinking fund for payment of
principal on the bonds at maturity,
``(C) the issuer designates such bond for purposes
of this section, and
``(D) the term of each bond which is part of such
issue does not exceed 30 years.
Not more than \1/6\ of the net proceeds of an issue may be
deposited into a sinking fund referred to in subparagraph
(B)(ii).
``(2) Limitation on amount of bonds designated.--The
maximum aggregate face amount of bonds designated by an
approved special purpose entity shall not exceed the portion of
the national volume cap allocated to that entity by the
Administrator of the Environmental Protection Agency.
``(3) National volume cap.--The national volume cap is
$20,000,000,000. The Administrator of the Environmental
Protection Agency shall allocate such amount among the approved
special purpose entities, except that not less than
$2,000,000,000 of such amount shall be allocated to an entity
whose comprehensive plan only covers abandoned mine land areas
containing anthracite coal.
``(4) Approved special purpose entity.--The term `approved
special purpose entity' means a State or local governmental
entity, or an entity described in section 501(c) and exempt
from tax under section 501(a), if--
``(A) such entity is established and operated
exclusively to carry out qualified purposes,
``(B) such entity has a comprehensive plan to
restore and redevelop abandoned mine land areas, and
``(C) such entity and plan are approved by the
Administrator of the Environmental Protection Agency.
``(5) Approved segregated program fund.--The term `approved
segregated program fund' means any segregated fund the amounts
in which may be used only for qualified purposes, but only if
such fund has safeguards approved by such Administrator to
assure that such amounts are only used for such purposes.
``(d) Limitation Based on Amount of Tax.--
``(1) In general.--The credit allowed under subsection (a)
for any taxable year shall not exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under part
IV of subchapter A (other than this section and subpart
C thereof, relating to refundable credits).
``(2) Carryover of unused credit.--If the credit allowable
under subsection (a) for any taxable year exceeds the
limitation imposed by paragraph (1) for such taxable year, the
excess shall be carried to the succeeding taxable year and
added to the amount allowable as a credit under subsection (a)
for such succeeding taxable year.
``(e) Other Definitions.--For purposes of this section--
``(1) Abandoned mine land areas.--The term `abandoned mine
land areas' means lands and water eligible pursuant to section
404 of the Surface Mining Control and Reclamation Act of 1977
(30 U.S.C. 1234) for expenditures from the Abandoned Mine
Reclamation Fund under title IV of such Act (30 U.S.C. 1231 et
seq.).
``(2) Qualified purpose.--The term `qualified purpose'
means, with respect to any qualified abandoned mine land area
redevelopment bond--
``(A) the purchase, restoration, and redevelopment
of abandoned mine land areas,
``(B) the cleanup of waterways and their
tributaries, both surface and subsurface, on abandoned
mine land areas from acid mine drainage and other
pollution,
``(C) the provision of financial and technical
assistance for infrastructure construction and
upgrading water and sewer systems on abandoned mine
land areas,
``(D) research and development relating to
abandoned mine land areas,
``(E) other environmental and economic development
purposes relating to abandoned mine land areas, and
``(F) such other purposes as are set forth in the
comprehensive plan prepared by the issuer and approved
by the Administrator of the Environmental Protection
Agency.
``(3) Credit allowance date.--The term `credit allowance
date' means--
``(A) March 15,
``(B) June 15,
``(C) September 15, and
``(D) December 15.
Such term includes the last day on which the bond is
outstanding.
``(4) Bond.--The term `bond' includes any obligation.
``(f) Credit Included in Gross Income.--Gross income includes the
amount of the credit allowed to the taxpayer under this section
(determined without regard to subsection (d)) and the amount so
included shall be treated as interest income.
``(g) Bonds Held by Regulated Investment Companies.--If any
qualified abandoned mine land area redevelopment bond is held by a
regulated investment company, the credit determined under subsection
(a) shall be allowed to shareholders of such company under procedures
prescribed by the Secretary.
``(h) Credits May Be Stripped.--Under regulations prescribed by the
Secretary--
``(1) In general.--There may be a separation (including at
issuance) of the ownership of a qualified abandoned mine land
area redevelopment bond and the entitlement to the credit under
this section with respect to such bond. In case of any such
separation, the credit under this section shall be allowed to
the person who on the credit allowance date holds the
instrument evidencing the entitlement to the credit and not to
the holder of the bond.
``(2) Certain rules to apply.--In the case of a separation
described in paragraph (1), the rules of section 1286 shall
apply to the qualified abandoned mine land area redevelopment
bond as if it were a stripped bond and to the credit under this
section as if it were a stripped coupon.
``(i) Treatment for Estimated Tax Purposes.--Solely for purposes of
sections 6654 and 6655, the credit allowed by this section to a
taxpayer by reason of holding a qualified abandoned mine land area
redevelopment bond on a credit allowance date shall be treated as if it
were a payment of estimated tax made by the taxpayer on such date.
``(j) Credit May Be Transferred.--Nothing in any law or rule of law
shall be construed to limit the transferability of the credit allowed
by this section through sale and repurchase agreements.
``(k) Reporting.--The issuer of qualified abandoned mine land area
redevelopment bonds shall submit reports similar to the reports
required under section 149(e).
``(l) Termination.--This section shall not apply to any bond issued
more than 10 years after the date that the first qualified abandoned
mine land area redevelopment bond is issued.''
(b) Reporting.--Subsection (d) of section 6049 of such Code
(relating to returns regarding payments of interest) is amended by
adding at the end the following new paragraph:
``(8) Reporting of credit on qualified abandoned mine land
area redevelopment bonds.--
``(A) In general.--For purposes of subsection (a),
the term `interest' includes amounts includible in
gross income under section 30B(f) and such amounts
shall be treated as paid on the credit allowance date
(as defined in section 30B(e)(3)).
``(B) Reporting to corporations, etc.--Except as
otherwise provided in regulations, in the case of any
interest described in subparagraph (A) of this
paragraph, subsection (b)(4) of this section shall be
applied without regard to subparagraphs (A), (H), (I),
(J), (K), and (L)(i).
``(C) Regulatory authority.--The Secretary shall
prescribe such regulations as are necessary or
appropriate to carry out the purposes of this
paragraph, including regulations which require more
frequent or more detailed reporting.''
(c) Conforming Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 30B. Credit to holders of
qualified abandoned mine land
area redevelopment bonds.''
(d) Deadline for Regulations.--The Secretary of the Treasury shall
prescribe the regulations required by section 6049(d)(8) of the
Internal Revenue Code of 1986 (as added by this section) not later than
120 days after the date of the enactment of this Act.
(e) Approval of Bonds, Etc., by Administrator of the Environmental
Protection Agency.--The Administrator of the Environmental Protection
Agency shall act on any request for an approval required by section 30B
of the Internal Revenue Code of 1986 (as added by this section) not
later than 60 days after the date such request is submitted to such
Administrator.
(f) Effective Date.--The amendments made by this section shall
apply to obligations issued after December 31, 2001. | Abandoned Mine Land Area Redevelopment Act of 2001 - Amends the Internal Revenue Code to allow a credit for holders of qualified abandoned mine land area redevelopment bonds, as specified. Sets forth rules and formulae concerning the annual credit (including limits and carryover), the applicable credit rate, bond issuance and redemption, the amount of bonds designated, and a national volume cap.Includes the credit in gross income, to be treated as interest income. Permits the the credit to be stripped (owner of bond different from person entitled to the credit). Treats the allowed credit as a payment of estimated tax. Permits the credit to be transferred. Limits the program to ten years from the issuance of the first qualified abandoned mine land area redevelopment bond. | To amend the Internal Revenue Code of 1986 to allow a credit against income tax to holders of bonds issued to finance land and water reclamation of abandoned mine land areas. |
238 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Farm Protection Act''.
SEC. 2. TREATMENT OF LAND SUBJECT TO A QUALIFIED CONSERVATION EASEMENT.
(a) Estate Tax With Respect to Land Subject to a Qualified
Conservation Easement.--Section 2031 of the Internal Revenue Code of
1986 (relating to the definition of gross estate) is amended by
redesignating subsection (c) as subsection (d) and by inserting after
subsection (b) the following new subsection:
``(c) Estate Tax With Respect to Land Subject to a Qualified
Conservation Easement.--
``(1) In general.--If the executor makes the election
described in paragraph (3) of this subsection, then, except as
otherwise provided in this subsection, there shall be excluded
from the gross estate the value of land subject to a qualified
conservation easement (reduced by the amount of any
indebtedness to which such land is subject). For purposes of
this subsection, the term `land subject to a qualified
conservation easement' means land that is located in an area
which, on the date of the decedent's death, is a metropolitan
area (as defined by the Office of Management and Budget), and
which was owned by the decedent or a member of the decedent's
family at all times during the three-year period ending on the
date of the decedent's death, and with respect to which a
qualified conservation contribution of a qualified real
property interest (as defined in section 170(h)(1) and (2)(C))
is or has been made by the decedent or a member of the
decedent's family. For purposes of this subsection, the term
`qualified real property interest' shall not include any
structure or building constituting a `certified historic
structure' (as defined in section 170(h)(4)(B)) or within the
definition of a `historically important land area' (as defined
in section 170(h)(4)(A)(iv)). For purposes of this subsection,
the term `member of the decedent's family' shall have the same
meaning as the term `member of the family' in section 2032A.
``(2) Payment of tax upon certain disposition of land
subject to retained development right.--The exclusion described
in paragraph (1) shall not apply to the value of any
development right retained by the donor in the conveyance of
such qualified conservation easement. The tax imposed by
section 2001, if any, attributable to any development right so
retained shall be imposed only upon the disposition of such
property. For purposes of this paragraph, the term
`disposition' shall not include any gift or devise. The tax so
imposed shall be due and payable by the person so disposing of
such property on the fifteenth day of the fourth month
following the calendar year in which such disposition occurs.
For purposes of this paragraph, the term `development right'
shall mean the right to establish or use, any structure and the
land immediately surrounding it for sale, or for rent or any
other commercial purpose which is not subordinate to and
directly supportive of the conservation purpose identified in
the easement, or the activity of farming, forestry, ranching,
horticulture, viticulture, or recreation, whether or not for
profit, conducted on land subject to the easement in which such
right is retained.
``(3) Election with respect to land subject to qualified
conservation easement.--The election under this subsection
shall be made on the return of the tax imposed by section 2001
and in such manner as the Secretary shall by regulations
prescribe. Such an election, once made, shall be irrevocable.
``(4) Calculation and notice of potential estate tax due.--
An executor making the election described in paragraph (3) of
this subsection shall compute the amount of tax imposed by
section 2001 upon any development right (as defined in
paragraph (2) of this subsection) retained by the donor in the
conveyance of such qualified conservation easement and include
such computation with the return of the tax imposed by section
2001. The executor shall also file a `Notice of Potential
Estate Tax Due' in the place or places where deeds are put to
public record for the locality in which the land subject to
such qualified conservation easement is located. The report of
the computation of tax on any retained development right and
the filing of the notice prescribed in this paragraph shall be
done in such manner and on such forms as the Secretary shall
prescribe.''
(b) Carryover Basis.--Section 1014(a) of the Internal Revenue Code
of 1986 (relating to basis of property acquired from a decedent) is
amended by striking the period at the end of paragraph (3), inserting
``, or'' at the end thereof, and inserting the following new paragraph:
``(4) to the extent of the applicability of the exclusion
described in section 2031(c), the basis in the hands of the
decedent.''
(c) Effective Date.--The amendments made by this section shall
apply to gross estates including land on which qualified conservation
easements were granted after December 31, 1994, in taxable years ending
after such date.
SEC. 3. GIFT TAX ON LAND SUBJECT TO A QUALIFIED CONSERVATION EASEMENT.
(a) Gift Tax With Respect to Land Subject to a Qualified
Conservation Easement.--Section 2503 of the Internal Revenue Code of
1986 (relating to taxable gifts) is amended by adding a new subsection
(h) to read as follows:
``(h) Gift Tax With Respect to Land Subject to a Qualified
Conservation Easement.--The transfer by gift of land subject to a
qualified conservation easement shall not be treated as a transfer of
property by gift for purposes of this chapter. For purposes of this
subsection, the term `land subject to a qualified conservation
easement' shall have the same meaning as in section 2031(c), except
that references therein to `decedent' shall refer to the donor and
references to `the date of the decedent's death' shall refer to the
date of the transfer by the donor.''
(b) Effective Date.--The amendments made by this section shall
apply to gifts of land on which qualified conservation easements were
granted after December 31, 1994, in taxable years ending after such
date.
SEC. 4. EXCLUSION OF GAIN FROM SALE OF CERTAIN FARMLAND.
(a) General Rule.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by redesignating section 137 as section
138 and by inserting after section 136 the following new section:
``SEC. 137. SALES AND EXCHANGES OF FARMLAND THE USE OF WHICH IS
RESTRICTED TO FARMING.
``(a) General Rule.--In the case of an operator of farmland, gross
income does not include gain from the sale or exchange of farmland if
there is in effect on the date of such sale or exchange a qualified
covenant which does not permit any use of such farmland for any purpose
other than use as farmland.
``(b) Definitions.--For purposes of this section--
``(1) Farmland.--The term `farmland' means any real
property--
``(A) which is located in the United States, and
``(B) which is used as a farm for farming purposes
(within the meaning of section 2032A(e)).
``(2) Qualified covenant--The term `qualified covenant'
means a covenant--
``(A) which may not be revoked,
``(B) which, with respect to farmland to which such
covenant applies, is entered into by all persons having
any ownership interest in such farmland, and
``(C) which binds all future owners of the farmland
to which such covenant applies.
``(c) Application With Principal Residences.--For purposes of this
section, use as farmland includes use as the principal residence of the
operator of such farmland.
``(d) Verification of Covenant.--Subsection (a) shall not apply by
reason of any covenant unless such person--
``(1) notifies (in such form and manner as the Secretary
may by regulations prescribe) both the Secretary and the
Secretary of Agriculture of the political subdivision of the
State in which such covenant is recorded, and
``(2) submits to the Secretary a copy of such covenant.''
(b) Clerical Amendment.--The table of sections for such part is
amended by striking out the item relating to section 137 and inserting
in lieu thereof the following:
``Sec. 137. Sales and exchanges of
farmland the use of which is
restricted to farming.
``Sec. 138. Cross references to other
Acts.''
(c) Effective Date.--The amendments made by this section shall
apply to covenants first recorded after December 31, 1994, in taxable
years ending after such date. | Family Farm Protection Act - Amends the Internal Revenue Code to exclude from the gross estate, for estate tax purposes, the value of certain land subject to a qualified conservation easement (reduced by the amount of any indebtedness secured by such land). Includes in the gross estate the value of each development right retained by the donor in the conveyance of the easement. Makes such tax due on a date certain after the disposition of such property. Provides that such land subject to the exclusion will have a carryover basis for purposes of determining gain or loss.
Excludes from the gift tax transfers by gift of land subject to a qualified conservation easement.
Excludes from gross income gain from the sale or exchange of eligible farmland that is subject to a qualified covenant which does not permit any use of such farmland for purposes other than as farmland. | Family Farm Protection Act |
239 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Effective Homeland Security
Management Act of 2007''.
SEC. 2. DEPUTY SECRETARY OF HOMELAND SECRETARY FOR MANAGEMENT.
(a) Establishment and Succession.--Section 103 of the Homeland
Security Act of 2002 (6 U.S.C. 113) is amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking ``Deputy
Secretary'' and inserting ``Deputy Secretaries'';
(B) by striking paragraph (6);
(C) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively; and
(D) by striking paragraph (1) and inserting the
following:
``(1) A Deputy Secretary of Homeland Security.
``(2) A Deputy Secretary of Homeland Security for
Management.''; and
(2) by adding at the end the following:
``(g) Vacancies.--
``(1) Vacancy in office of secretary.--
``(A) Deputy secretary.--In case of a vacancy in
the office of the Secretary, or of the absence or
disability of the Secretary, the Deputy Secretary of
Homeland Security may exercise all the duties of that
office, and for the purpose of section 3345 of title 5,
United States Code, the Deputy Secretary of Homeland
Security is the first assistant to the Secretary.
``(B) Deputy secretary for management.--When by
reason of absence, disability, or vacancy in office,
neither the Secretary nor the Deputy Secretary of
Homeland Security is available to exercise the duties
of the office of the Secretary, the Deputy Secretary of
Homeland Security for Management shall act as
Secretary.
``(2) Vacancy in office of deputy secretary.--In the case
of a vacancy in the office of the Deputy Secretary of Homeland
Security, or of the absence or disability of the Deputy
Secretary of Homeland Security, the Deputy Secretary of
Homeland Security for Management may exercise all the duties of
that office.
``(3) Further order of succession.--The Secretary may
designate such other officers of the Department in further
order of succession to act as Secretary.''.
(b) Responsibilities.--Section 701 of the Homeland Security Act of
2002 (6 U.S.C. 341) is amended--
(1) in the section heading, by striking ``under secretary''
and inserting ``deputy secretary of homeland security'';
(2) in subsection (a)--
(A) by inserting ``The Deputy Secretary of Homeland
Security for Management shall serve as the Chief
Management Officer and principal advisor to the
Secretary on matters related to the management of the
Department, including management integration and
transformation in support of homeland security
operations and programs.'' before ``The Secretary'';
(B) by striking ``Under Secretary for Management''
and inserting ``Deputy Secretary of Homeland Security
for Management'';
(C) by striking paragraph (7) and inserting the
following:
``(7) Strategic planning and annual performance planning
and identification and tracking of performance measures
relating to the responsibilities of the Department.''; and
(D) by striking paragraph (9), and inserting the
following:
``(9) The integration and transformation process, to ensure
an efficient and orderly consolidation of functions and
personnel to the Department, including the development of a
management integration strategy for the Department.''; and
(3) in subsection (b)--
(A) in paragraph (1), by striking ``Under Secretary
for Management'' and inserting ``Deputy Secretary of
Homeland Security for Management''; and
(B) in paragraph (2), by striking ``Under Secretary
for Management'' and inserting ``Deputy Secretary of
Homeland Security for Management''.
(c) Appointment, Evaluation, and Reappointment.--Section 701 of the
Homeland Security Act of 2002 (6 U.S.C. 341) is amended by adding at
the end the following:
``(c) Appointment, Evaluation, and Reappointment.--The Deputy
Secretary of Homeland Security for Management--
``(1) shall be appointed by the President, by and with the
advice and consent of the Senate, from among persons who have--
``(A) extensive executive level leadership and
management experience in the public or private sector;
``(B) strong leadership skills;
``(C) a demonstrated ability to manage large and
complex organizations; and
``(D) a proven record in achieving positive
operational results;
``(2) shall--
``(A) serve for a term of 5 years; and
``(B) be subject to removal by the President if the
President--
``(i) finds that the performance of the
Deputy Secretary of Homeland Security for
Management is unsatisfactory; and
``(ii) communicates the reasons for
removing the Deputy Secretary of Homeland
Security for Management to Congress before such
removal;
``(3) may be reappointed in accordance with paragraph (1),
if the Secretary has made a satisfactory determination under
paragraph (5) for the 3 most recent performance years;
``(4) shall enter into an annual performance agreement with
the Secretary that shall set forth measurable individual and
organizational goals; and
``(5) shall be subject to an annual performance evaluation
by the Secretary, who shall determine as part of each such
evaluation whether the Deputy Secretary of Homeland Security
for Management has made satisfactory progress toward achieving
the goals set out in the performance agreement required under
paragraph (4).''.
(d) Incumbent.--The individual who serves in the position of Under
Secretary for Management of the Department of Homeland Security on the
date of enactment of this Act--
(1) may perform all the duties of the Deputy Secretary of
Homeland Security for Management at the pleasure of the
President, until a Deputy Secretary of Homeland Security for
Management is appointed in accordance with subsection (c) of
section 701 of the Homeland Security Act of 2002 (6 U.S.C.
341), as added by this Act; and
(2) may be appointed Deputy Secretary of Homeland Security
for Management, if such appointment is otherwise in accordance
with sections 103 and 701 of the Homeland Security Act of 2002
(6 U.S.C. 113 and 341), as amended by this Act.
(e) References.--References in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or relating to the Under Secretary for Management of the Department of
Homeland Security shall be deemed to refer to the Deputy Secretary of
Homeland Security for Management.
(f) Technical and Conforming Amendments.--
(1) Other reference.--Section 702(a) of the Homeland
Security Act of 2002 (6 U.S.C. 342(a)) is amended by striking
``Under Secretary for Management'' and inserting ``Deputy
Secretary of Homeland Security for Management''.
(2) Table of contents.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is
amended by striking the item relating to section 701 and
inserting the following:
``Sec. 701. Deputy Secretary of Homeland Security for Management.''.
(3) Executive schedule.--Section 5313 of title 5, United
States Code, is amended by inserting after the item relating to
the Deputy Secretary of Homeland Security the following:
``Deputy Secretary of Homeland Security for Management.''. | Effective Homeland Security Management Act of 2007 - Amends the Homeland Security Act of 2002 to establish a Deputy Secretary of Homeland Security for Management (who shall assume many responsibilities of the current Under Secretary for Management), to be appointed by the President, by and with the advice and consent of the Senate, to serve as the Chief Management Officer and principal advisor to the Secretary of Homeland Security on matters related to management.
Includes among the Deputy Secretary's responsibilities the integration and transformation process to ensure an efficient and orderly consolidation of Department of Homeland Security (DHS) functions and personnel, including the development of a management integration strategy. | A bill to establish a Deputy Secretary of Homeland Security for Management, and for other purposes. |
240 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prohibiting Detention of Youth
Status Offenders Act of 2017''.
SEC. 2. DEINSTITUTIONALIZATION OF STATUS OFFENDERS.
Section 223 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5633) is amended--
(1) in subsection (a)(11)--
(A) in the matter preceding subparagraph (A), by
striking ``shall,'';
(B) in subparagraph (A)--
(i) in clause (i), by adding ``and'' at the
end;
(ii) in clause (ii), by striking ``and'' at
the end;
(iii) by striking clause (iii); and
(iv) in the matter following clause (iii),
by striking ``and'' at the end; and
(C) by adding at the end the following:
``(C) if a court determines that a juvenile should
be placed in a secure detention facility or secure
correctional facility for violating an order described
in subparagraph (A)(ii)--
``(i) the court shall issue a written order
that--
``(I) identifies the valid court
order that the juvenile has violated;
``(II) specifies the factual basis
for determining that there is
reasonable cause to believe that the
juvenile has violated the order;
``(III) includes findings of fact
to support a determination that there
is no appropriate less restrictive
alternative available to placing the
juvenile in a secure detention facility
or secure correctional facility, with
due consideration to the best interest
of the juvenile;
``(IV) specifies the length of
time, not to exceed 3 days, that the
juvenile may remain in a secure
detention facility or secure
correctional facility;
``(V) includes a plan for the
release of the juvenile from the secure
detention facility or secure
correctional facility; and
``(VI) may not be renewed or
extended; and
``(ii) the court may not issue a subsequent
order described in clause (i) relating to a
juvenile, unless the juvenile violates a valid
court order after the date on which the court
issues an order described in clause (i);
``(D) there are procedures in place to ensure that
a juvenile held in a secure detention facility or
secure correctional facility pursuant to a court order
described in subparagraph (C)(i) does not remain in a
secure detention facility or secure correctional
facility longer than 3 days (with the exception of
weekends and holidays) or the length of time authorized
by the court, or authorized under applicable State law,
whichever is shorter; and
``(E) a juvenile status offender held in a secure
detention facility or secure correctional facility
pursuant to a court order described in subparagraph
(C)(i) may only be held in a secure detention facility
or secure correctional facility 1 time in any 6-month
period, provided that the conditions set forth in
subparagraph (C) are satisfied.''; and
(2) by adding at the end the following:
``(g) Additional Requirement.--Not later than 1 year after the date
of enactment of this subsection, no State receiving a formula grant
under this part may use a valid court order described in subsection
(a)(11)(A)(ii) to place a juvenile status offender in a secure
detention facility or secure correctional facility. A State that can
demonstrate hardship as determined by the Administrator may submit to
the Administrator an application for a single 1-year extension to
comply with the requirement described in this subsection, which shall
describe--
``(1) the measurable progress and good faith effort in the
State to reduce the number of juvenile status offenders who are
placed in a secure detention facility or correctional facility
pursuant to a court order described in subsection
(a)(11)(A)(ii); and
``(2) a plan to comply with the requirement described in
this subsection not later than 1 year after the date the
extension is granted.''. | Prohibiting Detention of Youth Status Offenders Act of 2017 This bill amends the Juvenile Justice and Delinquency Prevention Act of 1974 to modify the deinstitutionalization of status offenders (DSO) core requirement with which a state must comply to receive funds under the Formula Grant Program. The DSO core requirement prohibits the secure detention or confinement of a juvenile who commits a status offense (i.e., an offense that would not be a crime if committed by an adult). This bill eliminates an exception to the DSO core requirement that permits the secure detention or confinement of an out-of-state runaway youth. It also eliminates, not later than one year after enactment, an exception to the DSO core requirement that permits the secure detention or confinement of a juvenile status offender who violates a valid court order. Until then, use of the valid court order exception to securely detain or confine a juvenile status offender must comply with additional requirements, such as issuance of a written court order, a three-day maximum length of detention, and a plan for release. | Prohibiting Detention of Youth Status Offenders Act of 2017 |
241 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Travelers Bill of
Rights Act of 2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Site operator.--The term ``site operator'' means an
individual or entity that operates a Web site that provides
access to international travel services. Such term includes an
overseas vacation destination or a third party that operates a
Web site that offers international travel services.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) International travel services.--The term
``international travel services'' means a service that a
consumer can use to reserve lodging at an overseas vacation
destination.
(4) Overseas vacation destination.--The term ``overseas
vacation destination'' means a resort, hotel, retreat, hostel,
or any other similar lodging outside the United States.
(5) United states.--The term ``United States'' means each
of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
SEC. 3. PROVIDING INFORMATION REGARDING THE POTENTIAL HEALTH AND SAFETY
RISKS ASSOCIATED WITH OVERSEAS VACATION DESTINATIONS.
(a) In General.--A site operator, in a manner in compliance with
regulations issued by the Commission and with the requirements of this
Act, shall provide information on its Web site to consumers in a clear
and conspicuous manner regarding the potential health and safety risks
associated with overseas vacation destinations marketed on its Web
site, if any, including the following:
(1) Information compiled by the Department of State,
including Department of State country-specific travel warnings
and alerts.
(2) Information regarding the onsite health and safety
services that are available to consumers at each overseas
vacation destination, including whether the destination--
(A) employs or contracts with a physician or nurse
on the premises to provide medical treatment for
guests;
(B) employs or contracts with personnel, other than
a physician, nurse, or lifeguard, on the premises who
are trained in cardiopulmonary resuscitation;
(C) has an automated external defibrillator and
employs or contracts with 1 or more individuals on the
premises trained in its use; and
(D) employs or contracts with 1 or more lifeguards
on the premises trained in cardiopulmonary
resuscitation, if the overseas vacation destination has
swimming pools or other water-based activities on its
premises, or in areas under its control for use by
guests.
(b) Services Not Available 24 Hours a Day.--If the onsite health
and safety services at an overseas vacation destination are not
available 24 hours a day, 7 days a week, the site operator shall
display the hours and days of availability on its Web site in a clear
and conspicuous manner.
(c) Information Not Available.--If the onsite health and safety
services described in subsection (a)(2) are not available at an
overseas vacation destination, or if the site operator does not possess
information on the onsite health and safety services required to be
displayed on its Web site, the site operator shall display in a clear
and conspicuous manner the following: ``This destination does not
provide certain health and safety services, or information regarding
such services is not available. Travel to this destination may pose an
increased risk to your health or safety.''.
SEC. 4. CONSUMER COMPLAINTS.
(a) Suspension.--A site operator shall establish a process under
which an overseas vacation destination will be suspended from its Web
site as a result of complaints from consumers to the site operator
regarding poor medical care, unsafe or unsanitary facilities, or other
health-related issues with respect to such destination.
(b) Public Availability.--A site operator shall make all complaints
submitted by consumers publicly available on its Web site and may
modify the contents of such complaints at the request of the
complainant or may remove offensive language and personal
identification information.
SEC. 5. ENFORCEMENT.
(a) In General.--A violation of any provision of this Act shall be
treated as a violation of a rule defining an unfair or deceptive act or
practice prescribed under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)). The Commission shall enforce
this Act in the same manner, by the same means, and with the same
jurisdiction as though all applicable terms and provisions of the
Federal Trade Commission Act were incorporated into and made a part of
this Act.
(b) Deadline for Issuance of Regulations.--The Commission shall
issue regulations to carry out this Act not later than 6 months after
the date of the enactment of this Act. | International Travelers Bill of Rights Act of 2009 - Defines "site operator" as an individual or entity that operates a website providing access to international travel services, including an overseas vacation destination or a third party that operates a website offering international travel services.
Requires a site operator to provide information in a clear and conspicuous way on its website regarding the health and safety risks of overseas vacation destinations marketed on the site, including the onsite health and safety services available and, if those services are not available 24 hours a day, the hours the services are available, if known.
Requires a site operator to: (1) establish a process under which an overseas vacation destination will be suspended from its website as a result of consumer complaints regarding poor medical care, unsafe or unsanitary facilities, or other health-related issues; and (2) make all such complaints publicly available on its website. Allows an operator to modify complaints at the request of the complainant and to remove offensive language and personal identification.
Treats a violation as an unfair or deceptive act or practice prescribed under the Federal Trade Commission Act. | To require a site operator of an international travel Web site to provide information on its Web site to consumers regarding the potential health and safety risks associated with overseas vacation destinations marketed on its Web site. |
242 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bureau of Reclamation Transparency
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the water resources infrastructure of the Bureau of
Reclamation provides important benefits related to irrigated
agriculture, municipal and industrial water, hydropower, flood
control, fish and wildlife, and recreation in the 17
Reclamation States;
(2) as of 2013, the combined replacement value of the
infrastructure assets of the Bureau of Reclamation was
$94,500,000,000;
(3) the majority of the water resources infrastructure
facilities of the Bureau of Reclamation are at least 60 years
old;
(4) the Bureau of Reclamation has previously undertaken
efforts to better manage the assets of the Bureau of
Reclamation, including an annual review of asset maintenance
activities of the Bureau of Reclamation known as the ``Asset
Management Plan''; and
(5) actionable information on infrastructure conditions at
the asset level, including information on maintenance needs at
individual assets due to aging infrastructure, is needed for
Congress to conduct oversight of Reclamation facilities and
meet the needs of the public.
SEC. 3. DEFINITIONS.
In this Act:
(1) Asset.--
(A) In general.--The term ``asset'' means any of
the following assets that are used to achieve the
mission of the Bureau of Reclamation to manage,
develop, and protect water and related resources in an
environmentally and economically sound manner in the
interest of the people of the United States:
(i) Capitalized facilities, buildings,
structures, project features, power production
equipment, recreation facilities, or quarters.
(ii) Capitalized and noncapitalized heavy
equipment and other installed equipment.
(B) Inclusions.--The term ``asset'' includes assets
described in subparagraph (A) that are considered to be
mission critical.
(2) Asset management report.--The term ``Asset Management
Report'' means--
(A) the annual plan prepared by the Bureau of
Reclamation known as the ``Asset Management Plan''; and
(B) any publicly available information relating to
the plan described in subparagraph (A) that summarizes
the efforts of the Bureau of Reclamation to evaluate
and manage infrastructure assets of the Bureau of
Reclamation.
(3) Major repair and rehabilitation need.--The term ``major
repair and rehabilitation need'' means major nonrecurring
maintenance at a Reclamation facility, including maintenance
related to the safety of dams, extraordinary maintenance of
dams, deferred major maintenance activities, and all other
significant repairs and extraordinary maintenance.
(4) Reclamation facility.--The term ``Reclamation
facility'' means each of the infrastructure assets that are
owned by the Bureau of Reclamation at a Reclamation project.
(5) Reclamation project.--The term ``Reclamation project''
means a project that is owned by the Bureau of Reclamation,
including all reserved works and transferred works owned by the
Bureau of Reclamation.
(6) Reserved works.--The term ``reserved works'' means
buildings, structures, facilities, or equipment that are owned
by the Bureau of Reclamation for which operations and
maintenance are performed by employees of the Bureau of
Reclamation or through a contract entered into by the Bureau of
Reclamation, regardless of the source of funding for the
operations and maintenance.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Transferred works.--The term ``transferred works''
means a Reclamation facility at which operations and
maintenance of the facility is carried out by a non-Federal
entity under the provisions of a formal operations and
maintenance transfer contract or other legal agreement with the
Bureau of Reclamation.
SEC. 4. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR RESERVED WORKS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit to Congress an Asset Management
Report that--
(1) describes the efforts of the Bureau of Reclamation--
(A) to maintain in a reliable manner all reserved
works at Reclamation facilities; and
(B) to standardize and streamline data reporting
and processes across regions and areas for the purpose
of maintaining reserved works at Reclamation
facilities; and
(2) expands on the information otherwise provided in an
Asset Management Report, in accordance with subsection (b).
(b) Infrastructure Maintenance Needs Assessment.--
(1) In general.--The Asset Management Report submitted
under subsection (a) shall include--
(A) a detailed assessment of major repair and
rehabilitation needs for all reserved works at all
Reclamation projects; and
(B) to the extent practicable, an itemized list of
major repair and rehabilitation needs of individual
Reclamation facilities at each Reclamation project.
(2) Inclusions.--To the extent practicable, the itemized
list of major repair and rehabilitation needs under paragraph
(1)(B) shall include--
(A) a budget level cost estimate of the
appropriations needed to complete each item; and
(B) an assignment of a categorical rating for each
item, consistent with paragraph (3).
(3) Rating requirements.--
(A) In general.--The system for assigning ratings
under paragraph (2)(B) shall be--
(i) consistent with existing uniform
categorization systems to inform the annual
budget process and agency requirements; and
(ii) subject to the guidance and
instructions issued under subparagraph (B).
(B) Guidance.--As soon as practicable after the
date of enactment of this Act, the Secretary shall
issue guidance that describes the applicability of the
rating system applicable under paragraph (2)(B) to
Reclamation facilities.
(4) Public availability.--Except as provided in paragraph
(5), the Secretary shall make publicly available, including on
the Internet, the Asset Management Report required under
subsection (a).
(5) Confidentiality.--The Secretary may exclude from the
public version of the Asset Management Report made available
under paragraph (4) any information that the Secretary
identifies as sensitive or classified, but shall make available
to the Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of
Representatives a version of the report containing the
sensitive or classified information.
(c) Updates.--Not later than 2 years after the date on which the
Asset Management Report is submitted under subsection (a) and
biennially thereafter, the Secretary shall update the Asset Management
Report, subject to the requirements of section 5(b)(2).
(d) Consultation.--To the extent that such consultation would
assist the Secretary in preparing the Asset Management Report under
subsection (a) and updates to the Asset Management Report under
subsection (c), the Secretary shall consult with--
(1) the Secretary of the Army (acting through the Chief of
Engineers); and
(2) water and power contractors.
SEC. 5. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR TRANSFERRED WORKS.
(a) In General.--The Secretary shall coordinate with the non-
Federal entities responsible for the operation and maintenance of
transferred works in developing reporting requirements for Asset
Management Reports with respect to major repair and rehabilitation
needs for transferred works that are similar to the reporting
requirements described in section 4(b).
(b) Guidance.--
(1) In general.--After considering input from water and
power contractors of the Bureau of Reclamation, the Secretary
shall develop and implement a rating system for transferred
works that incorporates, to the maximum extent practicable, the
rating system for major repair and rehabilitation needs for
reserved works developed under section 4(b)(3).
(2) Updates.--The ratings system developed under paragraph
(1) shall be included in the updated Asset Management Reports
under section 4(c). | Bureau of Reclamation Transparency Act (Sec. 4) This bill directs the Department of the Interior to submit to Congress, make publicly available, and biennially update an Asset Management Report that describes the Bureau of Reclamation's efforts to maintain in a reliable manner all reserved works (buildings, structures, facilities, or equipment owned by the Bureau for which operations and maintenance are performed by Bureau employees or through a contract with the Bureau) at Reclamation facilities (infrastructure assets that are owned by the Bureau at each Reclamation project owned by the Bureau) and to standardize and streamline data reporting and processes across regions and areas for the purpose of maintaining such works. Such Report must include: (1) a detailed assessment of major repair and rehabilitation needs for all such works; and (2) an itemized list of major repair and rehabilitation needs of individual Reclamation facilities at each Reclamation project, including a budget level cost estimate of appropriations needed to complete each item and an assignment of a categorical rating for each item consistent with existing uniform categorization systems to inform the annual budget process and agency requirements. Interior may exclude from the public version of the Report any information that it identifies as sensitive or classified, but shall make available to specified congressional committees a version of the report containing the sensitive or classified information. (Sec. 5) Interior must: (1) coordinate with the non-federal entities responsible for the operation and maintenance of transferred works (Reclamation facilities at which operations and maintenance are carried out by a non-federal entity under a formal agreement with the Bureau) in developing reporting requirements for Asset Management Reports regarding major repair and rehabilitation needs for transferred works, and (2) develop and implement a categorical rating system for transferred works that incorporates the rating system for major repair and rehabilitation needs for reserved works. | Bureau of Reclamation Transparency Act |
243 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Safety Employer-Employee
Cooperation Act of 2001''.
SEC. 2. DECLARATION OF PURPOSE AND POLICY.
The Congress declares that the following is the policy of the
United States:
(1) Labor-management relationships and partnerships are
based on trust, mutual respect, open communication, bilateral
consensual problem solving, and shared accountability. Labor-
management cooperation fully utilizes the strengths of both
parties to best serve the interests of the public, operating as
a team, to carry out the public safety mission in a quality
work environment. In many public safety agencies it is the
union that provides the institutional stability as elected
leaders and appointees come and go.
(2) The Federal Government needs to encourage conciliation,
mediation, and voluntary arbitration to aid and encourage
employers and their employees to reach and maintain agreements
concerning rates of pay, hours, and working conditions, and to
make all reasonable efforts through negotiations to settle
their differences by mutual agreement reached through
collective bargaining or by such methods as may be provided for
in any applicable agreement for the settlement of disputes.
(3) The absence of adequate cooperation between public
safety employers and employees has implications for the
security of employees and can affect interstate and intrastate
commerce. The lack of such labor-management cooperation can
detrimentally impact the upgrading of police and fire services
of local communities, the health and well-being of public
safety officers, and the morale of the fire and police
departments. Additionally, these factors could have significant
commercial repercussions. Moreover, providing minimal standards
for collective bargaining negotiations in the public safety
sector can prevent industrial strife between labor and
management that interferes with the normal flow of commerce.
SEC. 3. DEFINITIONS.
In this Act:
(1) Authority.--The term ``Authority'' means the Federal
Labor Relations Authority.
(2) Emergency medical services personnel.--The term
``emergency medical services personnel'' means an individual
who provides out-of-hospital emergency medical care, including
an emergency medical technician, paramedic, or first responder.
(3) Employer; public safety agency.--The terms ``employer''
and ``public safety agency'' mean any State, political
subdivision of a State, the District of Columbia, or any
territory or possession of the United States that employs
public safety officers.
(4) Firefighter.--The term ``firefighter'' has the meaning
given the term ``employee engaged in fire protection
activities'' in section 3(y) of the Fair Labor Standards Act
(29 U.S.C. 203(y)).
(5) Labor organization.--The term ``labor organization''
means an organization composed in whole or in part of
employees, in which employees participate, and which represents
such employees before public safety agencies concerning
grievances, conditions of employment and related matters.
(6) Law enforcement officer.--The term ``law enforcement
officer'' has the meaning given such term in section 1204(5) of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796b(5)).
(7) Management employee.--The term ``management employee''
has the meaning given such term under applicable State law in
effect on the date of enactment of this Act. If no such State
law is in effect, the term means an individual employed by a
public safety employer in a position that requires or
authorizes the individual to formulate, determine, or influence
the policies of the employer.
(8) Public safety officer.--The term ``public safety
officer''--
(A) means an employee of a public safety agency who
is a law enforcement officer, a firefighter, or an
emergency medical services personnel;
(B) includes an individual who is temporarily
transferred to a supervisory or management position;
and
(C) does not include a permanent supervisory or
management employee.
(9) Substantially provides.--The term ``substantially
provides'' means compliance with the essential requirements of
this Act, specifically, the right to form and join a labor
organization, the right to bargain over wages, hours, and
conditions of employment, the right to sign an enforceable
contract, and availability of some form of mechanism to break
an impasse, such as arbitration, mediation, or fact finding.
(10) Supervisory employee.--The term ``supervisory
employee'' has the meaning given such term under applicable
State law in effect on the date of enactment of this Act. If no
such State law is in effect, the term means an individual,
employed by a public safety employer, who--
(A) has the authority in the interest of the
employer to hire, direct, assign, promote, reward,
transfer, furlough, lay off, recall, suspend,
discipline, or remove public safety officers, to adjust
their grievances, or to effectively recommend such
action, if the exercise of the authority is not merely
routine or clerical in nature but requires the
consistent exercise of independent judgment; and
(B) devotes a majority of time at work exercising
such authority.
SEC. 4. DETERMINATION OF RIGHTS AND RESPONSIBILITIES.
(a) Determination.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Authority shall make a determination
as to whether a State substantially provides for the rights and
responsibilities described in subsection (b).
(2) Subsequent determinations.--
(A) In general.--A determination made pursuant to
paragraph (1) shall remain in effect unless and until
the Authority issues a subsequent determination, in
accordance with the procedures set forth in
subparagraph (B).
(B) Procedures for subsequent determinations.--Upon
establishing that a material change in State law or its
interpretation has occurred, an employer or a labor
organization may submit a written request for a
subsequent determination. If satisfied that a material
change in State law or its interpretation has occurred,
the Director shall issue a subsequent determination not
later than 30 days after receipt of such request.
(3) Judicial review.--Any State, political subdivision of a
State, or person aggrieved by a determination of the Authority
under this section may, during the 60 day period beginning on
the date on which the determination was made, petition any
United States Court of Appeals in the circuit in which the
person resides or transacts business or in the District of
Columbia circuit, for judicial review. In any judicial review
of a determination by the Authority, the procedures contained
in subsections (c) and (d) of section 7123 of title 5, United
States Code, shall be followed, except that any final
determination of the Authority with respect to questions of
fact or law shall be found to be conclusive unless the court
determines that the Authority's decision was arbitrary and
capricious.
(b) Rights and Responsibilities.--In making a determination
described in subsection (a), the Authority shall consider whether State
law provides rights and responsibilities comparable to or greater than
the following:
(1) Granting public safety officers the right to form and
join a labor organization, which may exclude management and
supervisory employees, that is, or seeks to be, recognized as
the exclusive bargaining representative of such employees.
(2) Requiring public safety employers to recognize the
employees' labor organization (freely chosen by a majority of
the employees), to agree to bargain with the labor
organization, and to commit any agreements to writing in a
contract or memorandum of understanding.
(3) Permitting bargaining over hours, wages, and terms and
conditions of employment.
(4) Requiring an interest impasse resolution mechanism,
such as fact-finding, mediation, arbitration or comparable
procedures.
(5) Requiring enforcement through State courts of--
(A) all rights, responsibilities, and protections
provided by State law and enumerated in this section;
and
(B) any written contract or memorandum of
understanding.
(c) Failure to Meet Requirements.--If the Authority determines,
acting pursuant to its authority under subsection (a), that a State
does not substantially provide for the rights and responsibilities
described in subsection (b), such State shall be subject to the
regulations and procedures described in section 5.
SEC. 5. ROLE OF FEDERAL LABOR RELATIONS AUTHORITY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Authority shall issue regulations in accordance with
the rights and responsibilities described in section 4(b) establishing
collective bargaining procedures for public safety employers and
officers in States which the Authority has determined, acting pursuant
to its authority under section 4(a), do not substantially provide for
such rights and responsibilities.
(b) Role of the Federal Labor Relations Authority.--The Authority,
to the extent provided in this Act and in accordance with regulations
prescribed by the Authority, shall--
(1) determine the appropriateness of units for labor
organization representation;
(2) supervise or conduct elections to determine whether a
labor organization has been selected as an exclusive
representative by a majority of the employees in an appropriate
unit;
(3) resolve issues relating to the duty to bargain in good
faith;
(4) conduct hearings and resolve complaints of unfair labor
practices;
(5) resolve exceptions to the awards of arbitrators; and
(6) take such other actions as are necessary and
appropriate to effectively administer this Act, including
issuing subpoenas requiring the attendance and testimony of
witnesses and the production of documentary or other evidence
from any place in the United States, and administering oaths,
taking or ordering the taking of depositions, ordering
responses to written interrogatories, and receiving and
examining witnesses.
(c) Enforcement.--
(1) Authority to petition court.--The Authority may
petition any United States Court of Appeals with jurisdiction
over the parties, or the United States Court of Appeals for the
District of Columbia Circuit, to enforce any final orders under
this section, and for appropriate temporary relief or a
restraining order. Any petition under this section shall be
conducted in accordance with subsections (c) and (d) of section
7123 of title 5, United States Code, except that any final
order of the Authority with respect to questions of fact or law
shall be found to be conclusive unless the court determines
that the Authority's decision was arbitrary and capricious.
(2) Private right of action.--Unless the Authority has
filed a petition for enforcement as provided in paragraph (1),
any party has the right to file suit in a State court of
competent jurisdiction to enforce compliance with the
regulations issued by the Authority pursuant to subsection (b),
and to enforce compliance with any order issued by the
Authority pursuant to this section. The right provided by this
subsection to bring a suit to enforce compliance with any order
issued by the Authority pursuant to this section shall
terminate upon the filing of a petition seeking the same relief
by the Authority.
SEC. 6. STRIKES AND LOCKOUTS PROHIBITED.
A public safety employer, officer, or labor organization may not
engage in a lockout, sickout, work slowdown, or strike or engage in any
other action that is designed to compel an employer, officer, or labor
organization to agree to the terms of a proposed contract and that will
measurably disrupt the delivery of emergency services, except that it
shall not be a violation of this section for an employer, officer, or
labor organization to refuse to provide services not required by the
terms and conditions of an existing contract.
SEC. 7. EXISTING COLLECTIVE BARGAINING UNITS AND AGREEMENTS.
A certification, recognition, election-held, collective bargaining
agreement or memorandum of understanding which has been issued,
approved, or ratified by any public employee relations board or
commission or by any State or political subdivision or its agents
(management officials) in effect on the day before the date of
enactment of this Act shall not be invalidated by the enactment of this
Act.
SEC. 8. CONSTRUCTION AND COMPLIANCE.
(a) Construction.--Nothing in this Act shall be construed--
(1) to invalidate or limit the remedies, rights, and
procedures of any law of any State or political subdivision of
any State or jurisdiction that provides collective bargaining
rights for public safety officers that are equal to or greater
than the rights provided under this Act; or
(2) to prevent a State from prohibiting bargaining over
issues which are traditional and customary management
functions, except as provided in section 4(b)(3).
(b) Compliance.--No State shall preempt laws or ordinances of any
of its political subdivisions if such laws provide collective
bargaining rights for public safety officers that are equal to or
greater than the rights provided under this Act.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act. | Public Safety Employer-Employee Cooperation Act of 2001 - Provides collective bargaining rights for public safety officers employed by States or local governments.Directs the Federal Labor Relations Authority (FLRA) to determine whether State law provides specified rights and responsibilities for public safety officers, including: (1) granting public safety employees the right to form and join a labor organization which excludes management and supervisory employees, and which is, or seeks to be, recognized as the exclusive bargaining agent for such employees; and (2) requiring public safety employers to recognize and agree to bargain with the employees' labor organization.Requires the FLRA to issue regulations establishing collective bargaining procedures for public safety employers and employees in States that do not substantially provide for such rights and responsibilities. Directs the FLRA, in such cases, to: (1) determine the appropriateness of units for labor organization representation; (2) supervise or conduct elections to determine whether a labor organization has been selected as an exclusive representative by a majority of the employees in an appropriate unit; (3) resolve issues relating to the duty to bargain in good faith; (4) conduct hearings and resolve complaints of unfair labor practices; and (5) resolve exceptions to arbitrator's awards. Grants a public safety employer, employee, or labor organization the right to seek enforcement of such FLRA regulations and authority through appropriate State courts.Prohibits public safety employers, employees, and labor organizations from engaging in lockouts or strikes, or sickouts, work slowdowns, or other actions designed to compel agreement to a proposed contract which will measurably disrupt the delivery of emergency services. | A bill to provide collective bargaining rights for public safety officers employed by States or their political subdivisions. |
244 | SECTION 1. SHORT TITLE.
This Act may be cited as ``Aimee's Law''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Dangerous sexual offense.--The term ``dangerous sexual
offense'' means sexual abuse or sexually explicit conduct
committed by an individual who has attained the age of 18 years
against an individual who has not attained the age of 14 years.
(2) Murder.--The term ``murder'' has the meaning given that
term in section 1111 of title 18, United States Code.
(3) Rape.--The term ``rape'' means any conduct constituting
unlawful sexual intercourse with another individual without the
consent of such other individual.
(4) Sexual abuse.--The term ``sexual abuse'' has the
meaning given that term in section 3509 of title 18, United
States Code.
(5) Sexual contact.--The term ``sexual contact'' has the
meaning given that term in section 2246 of title 18, United
States Code.
(6) Sexually explicit conduct.--The term ``sexually
explicit conduct'' has the meaning given that term in section
2256 of title 18, United States Code.
SEC. 3. REIMBURSEMENT TO STATES FOR CRIMES COMMITTED BY CERTAIN
RELEASED FELONS.
(a) Penalty.--
(1) In general.--Subject to paragraph (2), in any case in
which a State convicts an individual of murder, rape, or a
dangerous sexual offense, who has a prior conviction for any 1
of those offenses in another State, the Attorney General shall
transfer an amount equal to the costs of incarceration,
prosecution, and apprehension of that individual, from Federal
law enforcement assistance funds that have been allocated to
but not distributed to the State that convicted such individual
of the prior offense, to the State account that collects
Federal law enforcement assistance funds of the State that
convicted that individual of the subsequent offense.
(2) Multiple states.--In any case in which a State convicts
an individual of murder, rape, or a dangerous sexual offense,
who has a prior conviction for any 1 or more of those offenses
in more than 1 other State, the Attorney General shall transfer
an amount equal to the costs of incarceration, prosecution, and
apprehension of that individual, from Federal law enforcement
assistance funds that have been allocated to but not
distributed to each State that convicted such individual of the
prior offense, to the State account that collects Federal law
enforcement assistance funds of the State that convicted that
individual of the subsequent offense.
(b) State Applications.--In order to receive an amount transferred
under subsection (a), the chief executive of a State shall submit to
the Attorney General an application, in such form and containing such
information as the Attorney General may reasonably require, which shall
include a certification that the State has convicted an individual of
murder, rape, or a dangerous sexual offense, who has a prior conviction
for 1 of those offenses in another State.
(c) Source of Funds.--Any amount transferred under subsection (a)
shall be derived by reducing the amount of Federal law enforcement
assistance funds received by the State that convicted such individual
of the prior offense before the distribution of the funds to the State.
The Attorney General, in consultation with the chief executive of the
State that convicted such individual of the prior offense, shall
establish a payment schedule.
(d) Construction.--Nothing in this section may be construed to
diminish or otherwise affect any court ordered restitution.
(e) Exception.--This section does not apply if an individual
convicted of murder, rape, or a dangerous sexual offense has escaped
prison and subsequently been convicted for an offense described in
subsection (a).
SEC. 4. COLLECTION OF RECIDIVISM DATA.
(a) In General.--Beginning with calendar year 1999, and each
calendar year thereafter, the Attorney General shall collect and
maintain information relating to, with respect to each State--
(1) the number of convictions during that calendar year for
murder, rape, and any sex offense in the State in which, at the
time of the offense, the victim had not attained the age of 14
years and the offender had attained the age of 18 years; and
(2) the number of convictions described in paragraph (1)
that constitute second or subsequent convictions of the
defendant of an offense described in that paragraph.
(b) Report.--Not later than March 1, 2000, and on March 1 of each
year thereafter, the Attorney General shall submit to Congress a
report, which shall include--
(1) the information collected under subsection (a) with
respect to each State during the preceding calendar year; and
(2) the percentage of cases in each State in which an
individual convicted of an offense described in subsection
(a)(1) was previously convicted of another such offense in
another State during the preceding calendar year. | Aimee's Law - Directs the Attorney General, in any case in which a State convicts of murder, rape, or a dangerous sexual offense an individual who has a prior conviction for any one of those offenses in another State, to transfer an amount equal to the costs of incarceration, prosecution, and apprehension of that individual from Federal law enforcement assistance funds that have been allocated to but not distributed to the State that convicted such individual of the prior offense to the State that convicted that individual of the subsequent offense.
Directs the Attorney General, in any case in which a State convicts of murder, rape, or a dangerous sexual offense an individual who has a prior conviction for any one or more of those offenses in more than one other State, to transfer an amount equal to the costs of incarceration, prosecution, and apprehension of that individual from Federal law enforcement assistance funds that have been allocated to but not distributed to each State that convicted such individual of the prior offense to the State that convicted that individual of the subsequent offense.
Requires the chief executive officer of a State, in order to receive such transferred funds, to submit to the Attorney General an application including a certification that the State has convicted of murder, rape, or a dangerous sexual offense an individual who has a prior conviction for one of those offenses in another State.
Specifies that any such transferred amount shall be derived by reducing the amount of Federal law enforcement assistance funds received by the State that convicted such individual of the prior offense before the distribution of the funds to the State. Directs the Attorney General to establish a payment schedule.
Makes such provisions inapplicable if an individual convicted of murder, rape, or a dangerous sexual offense has escaped and subsequently been convicted for such an offense.
(Sec. 4) Directs the Attorney General to: (1) collect and maintain information relating to the number of convictions (during the calendar year) for murder, rape, and any sex offense in the State in which, at the time of the offense, the victim had not attained age 14 and the offender had attained age 18, and the number of such convictions that constitute second or subsequent convictions of the defendant of such an offense; and (2) report to Congress. | Aimee's Law |
245 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Science and
Technology Competitiveness Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The United States is losing its dominance in the
sciences and technology, and faces serious challenges from
highly educated foreign competitors.
(2) The workforce of the United States must be better
prepared for the scientifically and technologically advanced
competition of the global economy.
(3) New scientific knowledge is the engine of American
technological innovation, national security, economic growth,
and prosperity.
(4) The competitiveness of the United States depends on
strengthening and expanding postsecondary educational efforts
in science, math, engineering, and technology.
(5) Shortages of scientifically and technologically
educated workers will be best addressed through partnerships
between the Nation's associate degree-granting colleges and
public four-year colleges and universities.
(6) Enlarging the traditional role of community colleges in
workforce training by developing seamless transitions from
occupational competency or certificate programs to associate
degree programs in math, science, engineering, and technology.
SEC. 3. ARTICULATION AGREEMENT PROGRAM.
Part G of title IV of the Higher Education Act of 1965 is amended
by inserting after section 486 (20 U.S.C. 1093) the following new
section:
``SEC. 486A. ARTICULATION AGREEMENT PROGRAM.
``(a) Purpose; Definition.--
``(1) Purpose.--The purpose of this section is to
strengthen and expand scientific and technological education
capabilities of associate-degree-granting public institutions
of higher education through the establishment of partnership
arrangements with bachelor-degree-granting public institutions
of higher education.
``(2) Definition.--For the purposes of this section, the
term `articulation agreement' means an agreement between
institutions of higher education that specifies the
acceptability of courses in transfer toward meeting specific
degree requirements.
``(b) Program Authorized.--
``(1) Grants to public institutions.--From the sums
appropriated under subsection (g), the Secretary shall award
grants under this section to public institutions of higher
education for the support of programs to establish and
implement statewide articulation agreements in accordance with
subsection (d).
``(2) Eligibility of private institutions to participate in
agreements.--Nothing in this section shall be construed to
preclude a nonprofit or for-profit private institution of
higher education from participating in the development and
implementation of a statewide articulation agreement under
subsection (d).
``(c) Applications.--Each institution, system, or consortium of
institutions desiring to participate in a demonstration program under
this section shall submit an application to the Secretary at such time,
in such manner, and containing such information and assurances as the
Secretary may require.
``(d) Use of Funds.--Funds provided by grant under this section may
be used--
``(1) to establish statewide articulation agreements in
math, science, engineering, and technology among public 2-year
institutions and public 4-year institutions to provide a
seamless transition for the transfer of students from the
public 2-year institutions to the public 4-year institutions by
having both such types of institutions provide and use a common
core curricula that reflects the workforce needs of private
industry;
``(2) to establish articulation agreements within community
colleges between occupational competency or certification
programs and associate degree programs in math, science,
engineering, and technology to increase the proportion of
students who enroll to complete their associates degree;
``(3) to collect data on transfers from 2-year institutions
to 4-year institutions on a regular basis and to submit such
data to commissioners or departments of higher education, for
transmission by such commissioners and departments to the
Secretary, in order to monitor program progress and success;
``(4) to develop a statewide articulation guide in
consultation with public colleges and universities to provide
students with descriptions of articulation requirements; and
``(5) to develop a plan for professional development of 2-
year college faculty, including inter-institutional workshops,
consultations, and professional meetings.
``(e) Evaluations and Reports.--The Secretary shall collect from
State commissioners and departments the data provided by grant
recipients under subsection (d)(3) for the purposes of evaluating the
success of the program authorized by this section. The Secretary shall
submit a report on the results of such evaluation to the Congress not
later than 2 years after the end of the first fiscal year for which
funds are made available for grants under this section.
``(f) Additional Definition.--The Secretary shall by regulation
define the term `degree programs in math, science, engineering, and
technology'.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to make grants under this section $10,000,000 for fiscal
year 2008 and such sums as may be necessary for each of the 4
succeeding fiscal years.''. | Higher Education Science and Technology Competitiveness Act - Amends the Higher Education Act of 1965 to direct the Secretary of Education to award grants to public institutions of higher education to establish and implement statewide articulation agreements that provide a seamless transition for the transfer of students from two-year institutions to four-year institutions through a common core curricula in math, science, engineering, and technology that reflects the workforce needs of private industry. | To strengthen and expand scientific and technological education capabilities of associate-degree-granting colleges through the establishment of partnership arrangements with bachelor-degree-granting institutions. |
246 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Abuse, Violence, and
Exploitation of Elders Act of 2012'' or the ``SAVE Elders Act of
2012''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The population of individuals age 65 or older in the
United States is growing and is estimated to reach \1/5\ of the
total population of the United States by the year 2030.
(2) According to a 2011 report by the Government
Accountability Office, during a recent year, 1 out of every 7
older individuals living in a home or community-based setting
experienced some form of elder abuse.
(3) According to a report by the Bureau of Justice
Statistics, ``Criminal Victimization in the United States,
2008'', 54 percent of crimes involving victims age 65 or older
are unreported.
(4) The Crime Victims Fund, which was established to
support victims of crime--
(A) is funded by the proceeds of forfeited bonds,
criminal penalty assessments, and fines collected from
persons convicted of offenses against the United
States; and
(B) does not receive funds from taxpayers in the
United States.
(5) No amounts are specifically allocated from the Crime
Victims Fund to individuals age 65 or older who experience
victimization in the form of abuse, neglect, or exploitation.
(6) The Government Accountability Office estimates that
elder abuse investigations by Adult Protect Services in 33
States may increase by 28 percent by the year 2020.
(7) The Federal Government and State governments use
varying definitions of the term ``elder abuse''. The definition
of ``elder abuse'' used by a State government is recognized as
the primary definition to ensure consistent administration of
existing and future elder abuse programs by the State.
SEC. 3. AMENDMENTS TO THE VICTIMS OF CRIME ACT OF 1984.
(a) Crime Victims Fund.--
(1) In general.--Section 1402(d) of the Victims of Crime
Act of 1984 (42 U.S.C. 10601(d)) is amended--
(A) by redesignating paragraph (2) as paragraph
(1); and
(B) by inserting after paragraph (1), as so
redesignated, the following:
``(2)(A) Subject to subparagraph (C), for each fiscal year
in which the obligation limitation is greater than the
obligation limitation for fiscal year 2012, the first
$20,000,000 made available for obligation in the fiscal year
after the amount equal to the obligation limitation for fiscal
year 2012 is made available shall be available for grants under
section 1404F.
``(B)(i) Subject to subparagraph (C), in any fiscal year in
which an amount less than $20,000,000, or no amount, is made
available under subparagraph (A) for grants under section
1404F, and the amount available in the Fund is greater than the
obligation limitation for the fiscal year, the amount described
in clause (ii) shall be deposited into an elder abuse reserve
fund and shall be available to make grants under section 1404F.
``(ii) The amount described in this clause is an amount
that is the lesser of--
``(I) the difference between--
``(aa) $20,000,000; and
``(bb) the amount made available under
subparagraph (A) for grants under section 1404F
in the fiscal year; and
``(II) the limitation surplus for the fiscal year.
``(iii) The Director may carry over amounts in the elder
abuse reserve fund established under clause (i) from fiscal
year to fiscal year.
``(iv) Amounts in the elder abuse reserve fund established
under clause (i) shall not be subject to the obligation
limitation.
``(C) The sum of the amounts made available under
subparagraphs (A) and (B) for grants under section 1404F in a
fiscal year shall be not more than $20,000,000.
``(D) For purposes of this paragraph--
``(i) the term `obligation limitation' means the
amount in the Fund that is made available for
obligation in a fiscal year under the applicable
appropriations act; and
``(ii) the term `limitation surplus' means, with
respect to a fiscal year, the amount that is equal to
the difference between--
``(I) the amount available in the Fund; and
``(II) the obligation limitation for the
fiscal year.''.
(2) Technical and conforming amendments.--The Victims of
Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended--
(A) in section 1402--
(i) in subsection (d)--
(I) in paragraph (3), by striking
``paragraph (2)'' and inserting
``paragraphs (1) and (2)''; and
(II) in paragraph (5)(A)--
(aa) in the first sentence,
by inserting ``(1),'' before
``(2)''; and
(bb) in the second
sentence, by inserting ``(1),''
before ``(2)''; and
(ii) in subsection (g)--
(I) in paragraph (1), in the matter
preceding subparagraph (A), by striking
``(d)(2)'' and inserting ``(d)(1)'';
and
(II) in paragraph (2), by striking
``(d)(2)'' and inserting ``(d)(1)'';
(B) in section 1404(a)(1), by striking
``1402(d)(2)'' and inserting ``1402(d)(4)''; and
(C) in section 1404A, in the first sentence, by
striking ``1402(d)(2)'' and inserting ``1402(d)(1)''.
(3) Sense of congress.--It is the sense of Congress that--
(A) in establishing the maximum amount available
for obligation during a fiscal year in the Fund
established under section 1402 of the Victims of Crime
Act of 1984 (42 U.S.C. 10601), the maximum should be
increased by the amount described in such section
1402(d)(2)(A), as amended by paragraph (1), as compared
to the maximum amount that would otherwise be
established; or
(B) the amount described in paragraph (2)(B) of
section 1402(d) of the Victims of Crime Act of 1984 (42
U.S.C. 10601(d)), as added by paragraph (1), should be
made available on an annual basis to be used for
compensation and assistance to victims of elder abuse.
(b) Compensation and Assistance to Victims of Elder Abuse.--The
Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended by
inserting after section 1404E (42 U.S.C. 10603e) the following:
``SEC. 1404F. COMPENSATION AND ASSISTANCE TO VICTIMS OF ELDER ABUSE.
``(a) Definitions.--In this section--
``(1) the term `elder abuse'--
``(A) means the abuse, exploitation, or neglect, as
those terms are defined in section 2011 of the Social
Security Act (42 U.S.C. 1397j), of an individual who
is--
``(i) age 65 or older; and
``(ii) lawfully present in the United
States; and
``(B) with respect to a State that receives a grant
under this section, includes any other conduct not
described in subparagraph (A) that is defined as elder
abuse under the laws of the State; and
``(2) the term `State' means each of the several States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, Guam, the United States Virgin Islands,
American Samoa, and the Northern Mariana Islands.
``(b) Grants Authorized.--
``(1) In general.--Subject to paragraph (2), the Director
shall use the amounts made available under section 1402(d)(2)
to make grants to States to support--
``(A) eligible crime victim assistance programs, as
defined in section 1404(b)(1), that provide assistance
to victims of elder abuse; and
``(B) programs that improve the investigation,
handling (as defined under the laws of a State), and
prosecution of cases of elder abuse.
``(2) State apportionments.--
``(A) Base amounts.--Of the amounts allocated for
grants to States under paragraph (1), the Director
shall apportion--
``(i) 0.5 percent to--
``(I) each of the several States of
the United States;
``(II) the District of Columbia;
and
``(III) the Commonwealth of Puerto
Rico;
``(ii) 0.25 percent to--
``(I) Guam; and
``(II) the United States Virgin
Islands; and
``(iii) 0.125 percent to--
``(I) American Samoa; and
``(II) the Northern Mariana
Islands.
``(B) Remaining amounts.--
``(i) In general.--Amounts remaining after
apportionment under subparagraph (A) of the
amounts allocated under paragraph (1) shall be
apportioned among the States according to a
formula established by the Director.
``(ii) Formula.--The formula described in
clause (i) shall be based on the following
factors:
``(I) The population of individuals
age 65 or older in a State in relation
to the population of individuals age 65
or older in all States.
``(II) The population of
individuals age 65 or older in a State
in relation to the population of the
State.
``(III) The overall rate of crime
in a State, as determined by the Bureau
of the Census.
``(3) Federal share.--The Federal share of the cost of a
program carried out by 1 of the several States, the District of
Columbia, or the Commonwealth of Puerto Rico using a grant
under this section may not exceed 80 percent.
``(c) Biennial Report.--The Attorney General, acting through the
Director, shall submit to Congress a biennial report on--
``(1) the use of funds made available under section
1402(d)(2) during each of the 2 preceding fiscal years; and
``(2) the administration of this section, including--
``(A) a complete and detailed analysis of--
``(i) the manner in which each State that
receives amounts under this section has
distributed the amounts; and
``(ii) significant problems, if any, in
carrying out this section; and
``(B) recommendations for legislation to remedy the
problems, if any, identified under subparagraph
(A)(ii).''.
SEC. 4. ENHANCED OVERSIGHT OF DEPARTMENT OF JUSTICE GRANTS.
(a) Investigations by Attorney General.--The Attorney General,
acting through the Inspector General of the Department of Justice,
shall periodically conduct investigations, audits, and reviews of all
grants awarded by the Department of Justice to ensure the purposes of
the grants are achieved in the most efficient manner possible.
(b) Assessment of Department of Justice Grant Program.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Attorney General shall submit to
Congress an assessment of each grant program of the Department
of Justice to determine the extent of overlap and duplication.
(2) Requirements.--The assessment required to be submitted
under paragraph (1) shall--
(A) include recommended actions to address
duplication, including recommendations for
consolidation of existing programs to mitigate the risk
of duplication and improve the efficiency of the grant
programs to benefit the taxpayer; and
(B) identify any amendments to statutory language
needed to implement the recommendations described in
subparagraph (A).
(3) Coordination of grant programs.--The Attorney General
shall direct any office or division of the Department of
Justice that carries out a grant program to coordinate with
other offices or divisions on a consistent basis to review
anticipated grant awards.
(4) Consolidation authority.--Notwithstanding any other
provision of law, the Attorney General shall have the authority
to consolidate grant solicitations submitted to the Department
of Justice and provide flexibility to State, local, and tribal
grantees to meet the criminal justice needs of the State,
local, or tribal grantee and the intent of the grant program. | Stop Abuse, Violence, and Exploitation of Elders Act of 2012 or the SAVE Elders Act of 2012 - Amends the Victims of Crime Act of 1984 to designate specified funds from the Crime Victims Fund for grants for compensation and assistance to victims of elder abuse.
Defines "elder abuse" under that Act: (1) to mean the abuse, exploitation, or neglect of an individual who is age 65 or older and lawfully present in the United States; and (2) with respect to a state that receives a grant, to include any other conduct that is defined as such under the laws of the state.
Requires the Director of the Office of Victims of Crime to use such funds to make grants to states to support: (1) eligible crime victim assistance programs that provide assistance to victims of elder abuse; and (2) programs that improve the investigation, handling, and prosecution of cases of elder abuse.
Apportions specified percentages of grant amounts among the states, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, and the Northern Mariana Islands and requires the amounts remaining after such apportionment to be distributed among the states based on: (1) the population of individuals age 65 or older in a state relative to the population of such individuals in all states, (2) the population of individuals age 65 or older in a state in relation to the population of the state, and (3) the overall rate of crime in a state.
Requires the Attorney General: (1) acting through the Inspector General of the Department of Justice (DOJ), to periodically review all DOJ grants to ensure the purposes of the grants are achieved in the most efficient manner possible; (2) to submit an assessment of each DOJ grant program to determine the extent of overlap and duplication; and (3) to direct any DOJ office that carries out a grant program to coordinate with other offices to review anticipated grant awards. | A bill to dedicate funds from the Crime Victims Fund to victims of elder abuse, and for other purposes. |
247 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``First State National Historical Park
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Historical park.--The term ``historical park'' means
the First State National Historical Park established by section
3(a)(1).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means--
(A) the State of Delaware; and
(B) in the case of the property described in
section 3(b)(8), the States of Delaware and
Pennsylvania.
SEC. 3. FIRST STATE NATIONAL HISTORICAL PARK.
(a) Establishment.--
(1) In general.--Subject to paragraph (3), there is
established the First State National Historical Park, to be
administered as a unit of the National Park System.
(2) Purposes.--The purposes of the historical park are to
preserve, protect, and interpret the nationally significant
cultural and historic resources in the State that are
associated with--
(A) early Dutch, Swedish, and English settlement of
the Colony of Delaware and portions of the Colony of
Pennsylvania; and
(B) the role of Delaware --
(i) in the birth of the United States; and
(ii) as the first State to ratify the
Constitution.
(3) Determination by secretary.--
(A) In general.--The historical park shall not be
established until the date on which the Secretary
determines that sufficient land or interests in land
have been acquired from among the sites described in
subsection (b) to constitute a manageable park unit.
(B) Notice.--Not later than 30 days after making a
determination under subparagraph (A), the Secretary
shall publish a notice in the Federal Register of the
establishment of the historical park, including an
official boundary map for the historical park.
(C) Availability of map.--The map published under
subparagraph (B) shall be on file and available for
public inspection in the appropriate offices of the
National Park Service.
(b) Historic Sites.--The Secretary may include the following sites
within the boundary of the historical park as generally depicted on the
maps numbered 1 through 6, entitled ``First State National Historical
Park, New Castle, Kent, Sussex Counties, DE and Delaware County, PA''
and ``First State National Historical Park, Woodlawn'', numbered T19/
80,000G, and dated February 2013:
(1) The Old Sherriff's House in New Castle County,
Delaware, as depicted on map 4 of 6.
(2) Fort Christina National Historic Landmark in New Castle
County, Delaware, as depicted on map 3 of 6.
(3) Old Swedes Church National Historic Landmark in New
Castle County, Delaware, as depicted on map 3 of 6.
(4) Old New Castle Courthouse in New Castle, Delaware, as
depicted on map 4 of 6.
(5) John Dickinson Plantation National Historic Landmark in
Kent County, Delaware, as depicted on map 5 of 6.
(6) Dover Green in Kent County, Delaware, as depicted on
map 5 of 6.
(7) Ryves Holt House in Sussex County, Delaware, as
depicted on map 6 of 6.
(8) The Woodlawn property in New Castle County, Delaware,
and Delaware County, Pennsylvania, as depicted on map 2 of 6.
(9) Old New Castle Green, in New Castle, Delaware, as
depicted on map 4 of 6.
SEC. 4. ADMINISTRATION.
(a) In General.--The Secretary shall administer the historical park
in accordance with--
(1) this Act; and
(2) the laws generally applicable to units of the National
Park System, including--
(A) the National Park System Organic Act (16 U.S.C.
1 et seq.); and
(B) the Act of August 21, 1935 (16 U.S.C. 461 et
seq.).
(b) Land Acquisition.--
(1) Methods.--
(A) In general.--Except as provided in subparagraph
(B), the Secretary may acquire all or a portion of any
of the sites described in section 3(b), including
easements or other interests in land, by purchase from
a willing seller, donation, or exchange.
(B) Donation only.--
(i) Proposed nps site.--The Secretary may
acquire only by donation all or a portion of
the property identified as ``Proposed NPS
Site'' on map 2 of 6 entitled ``First State
National Historical Park, Woodlawn'', numbered
T19/80,000G, and dated February 2013, including
easements or other interests in land.
(ii) Area for potential addition by
donation.--The Secretary may acquire only by
donation all or a portion of the property
identified as ``Area for Potential Addition by
Donation'' on map 2 of 6 entitled ``First State
National Historical Park, Woodlawn'', numbered
T19/80,000G, and dated February 2013.
(2) Boundary adjustment.--On acquisition of land or an
interest in land under paragraph (1), the boundary of the
historical park shall be adjusted to reflect the acquisition.
(c) Interpretive Tours.--The Secretary may provide interpretive
tours to sites and resources in the State that are located outside the
boundary of the historical park and associated with the purposes for
which the historical park is established, including--
(1) Fort Casimir;
(2) DeVries Monument;
(3) Amstel House;
(4) Dutch House; and
(5) Zwaanendael Museum.
(d) Cooperative Agreements.--
(1) In general.--The Secretary may enter into a cooperative
agreement with the State, political subdivisions of the State,
institutions of higher education, nonprofit organizations, and
individuals to mark, interpret, and restore nationally
significant historic or cultural resources within the
boundaries of the historical park, if the cooperative agreement
provides for reasonable public access to the resources.
(2) Cost-sharing requirement.--
(A) Federal share.--The Federal share of the total
cost of any activity carried out under a cooperative
agreement entered into under paragraph (1) shall be not
more than 50 percent.
(B) Form of non-federal share.--The non-Federal
share may be in the form of in-kind contributions or
goods or services fairly valued.
(e) Management Plan.--
(1) In general.--Not later than 3 fiscal years after the
date on which funds are made available to carry out this
subsection, the Secretary shall complete a management plan for
the historical park.
(2) Applicable law.--The management plan shall be prepared
in accordance with section 12(b) of Public Law 91-383 (16
U.S.C. 1a-7(b)) and other applicable laws.
SEC. 5. NATIONAL LANDMARK STUDY.
(a) In General.--Not later than 3 years after the date on which
funds are made available to carry out this section, the Secretary shall
complete a study assessing the historical significance of additional
properties in the State that are associated with the purposes of
historical park.
(b) Requirements.--The study prepared under subsection (a) shall
include an assessment of the potential for designating the additional
properties as National Historic Landmarks.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
SEC. 7. OFFSET.
Section 7302(f) of the Omnibus Public Land Management Act of 2009
(16 U.S.C. 469n(f)) is amended by inserting before the period at the
end the following: ``, except that the amount authorized to be
appropriated to carry out this section not appropriated as of the date
of enactment of the First State National Historical Park Act shall be
reduced by $6,500,000''. | First State National Historical Park Act - Establishes the First State National Historical Park in Delaware, to be administered as a unit of the National Park System. Specifies that the purpose of the Park is the preservation, protection, and interpretation of the nationally significant cultural and historic resources associated with early Dutch, Swedish, and English settlement of the colony of Delaware and parts of the colony of Pennsylvania and Delaware's role in the birth of the United States and as the first state to ratify the Constitution. Bars the establishment of the Park until it is determined that sufficient land or interests have been acquired from among specified historic sites within the boundary of the Park to constitute a manageable park unit. Instructs the Secretary to publish a notice in the Federal Register of the Park's establishment, including an official boundary map. Allows the the Secretary to acquire: (1) by purchase from a willing seller, donation, or exchange, all or a part of any of such sites, including easements or other interests; and (2) by donation only, all or a part of the property identified as "Proposed NPS (National Park Service) Site," including easements or other interests, and the property identified as "Area for Potential Addition by Donation." Adjusts the boundary of the Park to reflect the acquisition of lands or interests in such sites. Authorizes the Secretary to: (1) provide interpretive tours to sites and resources in Delaware and Pennsylvania located outside the Park's boundary and associated with the purposes for which the Park is established under this Act; and (2) enter into cooperative agreements with Delaware and Pennsylvania and other specified entities to mark, interpret, and restore nationally significant historic or cultural resources within the Park, if those agreements provide for reasonable public access to such resources. Limits the federal share of the total cost of any activity carried out under such an agreement to 50% of that cost. Permits the non-federal share to be in the form of in-kind contributions or goods or services fairly valued. Requires the completion of a management plan for the Park. Requires completion of a study assessing the historical significance of additional properties in Delaware and Pennsylvania associated with the Park. Requires such study to include an assessment of the potential for designating such properties as National Historic Landmarks. Authorizes appropriations. Amends the Omnibus Public Land Management Act of 2009 to state that the amount authorized to be appropriated to carry out the Preserve America program not appropriated as of this Act's enactment date shall be reduced by $6.5 million. | First State National Historical Park Act |
248 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rio Puerco Watershed Act of 1994''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) over time, extensive ecological changes have occurred
in the Rio Puerco watershed, including--
(A) erosion of agricultural and range lands;
(B) impairment of waters due to heavy
sedimentation;
(C) reduced productivity of renewable resources;
(D) loss of biological diversity;
(E) loss of functioning riparian areas; and
(F) loss of available surface water;
(2) damage to the watershed has seriously affected the
economic and cultural well-being of its inhabitants,
including--
(A) loss of existing communities that were based on
the land and were self-sustaining; and
(B) adverse effects on the traditions, customs, and
cultures of the affected communities;
(3) a healthy and sustainable ecosystem is essential to the
long-term economic and cultural viability of the region;
(4) the impairment of the Rio Puerco watershed has damaged
the ecological and economic well-being of the area below the
junction of the Rio Puerco with the Rio Grande including--
(A) disruption of ecological processes;
(B) water quality impairment;
(C) significant reduction in the water storage
capacity and life expectancy of the Elephant Butte Dam
and Reservoir system due to sedimentation;
(D) chronic problems of irrigation system channel
maintenance; and
(E) increased risk of flooding caused by sediment
accumulation;
(5) the Rio Puerco is a major tributary of the Rio Grande
and the coordinated implementation of ecosystem-based best
management practices for the Rio Puerco system could benefit
the larger Rio Grande system;
(6) the Rio Puerco watershed has been stressed from the
loss of native vegetation, introduction of exotic species, and
alteration of riparian habitat which have disrupted the
original dynamics of the river and disrupted natural ecological
processes;
(7) the Rio Puerco watershed is a mosaic of private,
Federal, tribal trust, and State land ownership with diverse,
sometimes differing management objectives;
(8) development, implementation, and monitoring of an
effective watershed management program for the Rio Puerco
watershed is best achieved through cooperation among affected
Federal, State, local, and tribal entities;
(9) the Secretary of the Interior, acting through the
Director of the Bureau of Land Management, in consultation with
the entities listed in paragraph (8), and in cooperation with
the Rio Puerco Watershed Committee, is best suited to
coordinate management efforts in the Rio Puerco watershed; and
(10) accelerating the pace of improvement in Rio Puerco
watershed on a coordinated, cooperative basis will benefit
persons living in the watershed as well as downstream users on
the Rio Grande.
SEC. 3. MANAGEMENT PROGRAM.
(a) In General.--The Secretary of the Interior, acting through the
Bureau of Land Management and in consultation with the Rio Puerco
Management Committee established pursuant to section 4, shall--
(1) establish a clearinghouse for research and information
on management within the area identified as the Rio Puerco
Drainage Basin as depicted on the map entitled ``The Rio Puerco
Watershed'' dated June 1994, as described in the attached map,
including--
(A) current and historical natural resource
conditions; and
(B) data concerning the extent and causes of
watershed impairment;
(2) establish an inventory of best management practices and
related monitoring activities that have been or may be
implemented within the area identified as the Rio Puerco
Watershed Project as depicted on the map entitled ``The Rio
Puerco Watershed'' dated June 1994; and
(3) provide support to the Rio Puerco Management Committee
to identify objectives, monitor results of ongoing projects,
and develop alternative watershed management plans for the Rio
Puerco Drainage Basin, based on best management practices.
(b) Rio Puerco Management Plan.--Not later than 2 years after the
date of enactment of this Act, the Secretary, in consultation with the
Rio Puerco Management Committee, shall prepare a report of appropriate
alternatives for the improvement of watershed conditions in the Rio
Puerco Drainage Basin. The alternatives shall--
(1) identify reasonable and appropriate goals and
objectives for landowners and managers in the Rio Puerco
watershed;
(2) describe potential alternative actions to meet the
goals and objectives, including proven best management
practices and costs associated with implementing the actions;
(3) recommend voluntary implementation of appropriate best
management practices on both public and private lands;
(4) provide for cooperative development of management
guidelines for maintaining and improving the ecological,
cultural, and economic conditions on both public and private
lands;
(5) provide for the development of public participation and
community outreach programs that would include proposals for--
(A) cooperative efforts with private landowners to
encourage implementation of best management practices
within the watershed; and
(B) involving private citizens in restoring the
watershed;
(6) provide for the development of proposals for voluntary
cooperative programs among the Rio Puerco Management Committee
membership to implement best management practices in a
coordinated, consistent, and cost-effective manner;
(7) provide for the encouragement and support
implementation of best management practices on private lands;
and
(8) provide for the development of proposals for a
monitoring system that--
(A) builds upon existing data available from
private, Federal, and State sources;
(B) provides for the coordinated collection,
evaluation, and interpretation of additional data as
needed or collected; and
(C) will provide information to--
(i) assess existing resource and
socioeconomic conditions;
(ii) identify priority implementation
actions; and
(iii) assess the effectiveness of actions
taken.
SEC. 4. RIO PUERCO MANAGEMENT COMMITTEE.
(a) Establishment.--There is established the Rio Puerco Management
Committee (referred to in this section as the ``Committee'').
(b) Membership.--The Committee shall be convened by a
representative of the Bureau of Land Management, and shall include
representatives from--
(1) the Rio Puerco Watershed Committee;
(2) affected tribes and pueblos;
(3) the National Forest Service of the Department of
Agriculture;
(4) the Bureau of Reclamation;
(5) the Geological Survey;
(6) the Bureau of Indian Affairs;
(7) the Fish and Wildlife Service;
(8) the Army Corps of Engineers;
(9) the Soil Conservation Service of the Department of
Agriculture;
(10) the State of New Mexico, including the New Mexico
Environment Department and the State Engineer;
(11) affected local Soil and Water Conservation Districts;
(12) the Elephant Butte Irrigation District;
(13) private landowners; and
(14) other interested citizens.
(c) Duties.--The Rio Puerco Management Committee shall--
(1) advise the Secretary of the Interior, acting through
the Director of the Bureau of Land Management, on the
development and implementation of the Rio Puerco Management
Program described in section 3; and
(2) serve as a forum for information about activities that
may affect or further the development and implementation of the
best management practices described in section 3.
SEC. 5. REPORT.
Two years after the date of enactment of this Act, and biennially
thereafter, the Secretary of the Interior, in consultation with the Rio
Puerco Management Committee, shall transmit to the Committee on Energy
and Natural Resources of the Senate and to the Committee on Natural
Resources of the House of Representatives a report containing--
(1) a summary of accomplishments as outlined in section 3;
and
(2) proposals for joint implementation efforts, including
funding recommendations.
SEC. 6. LOWER RIO GRANDE HABITAT STUDY.
(a) In General.--The Secretary of the Interior shall, in
cooperation with the State of New Mexico, conduct a study of the Rio
Grande from Caballo Lake to Sunland Park, New Mexico. The study shall
include--
(1) a survey of the current habitat conditions of the river
and its riparian environment;
(2) identification of the changes in vegetation and habitat
over the past 400 years and the effect of the changes on the
river and riparian area; and
(3) an assessment of the feasibility, benefits, and
problems associated with activities to prevent further habitat
loss and restoration of habitat through reintroduction or
establishment of appropriate native plant species.
(b) Transmittal.--Not later than 3 years after the date on which
funds are made available to carry out this Act, the Secretary shall
transmit the study authorized by this section to the Committee on
Energy and Natural Resources of the Senate and to the Committee on
Natural Resources of the House of Representatives.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Passed the Senate August 2 (legislative day, July 20),
1994.
Attest:
MARTHA S. POPE,
Secretary. | Rio Puerco Watershed Act of 1994 - Directs the Secretary of the Interior to: (1) establish a clearinghouse for research and information on the management of the Rio Puerco Drainage Basin; (2) establish an inventory of best management practices and related monitoring activities that have been or may be implemented within the Rio Puerco Watershed Project; and (3) provide support to the Rio Puerco Management Committee to identify objectives, monitor results of ongoing projects, and develop alternative watershed management plans for the Rio Puerco Drainage Basin based on best management practices.
Directs the Secretary to prepare a report of appropriate alternatives for the improvement of watershed conditions in the Rio Puerco Drainage Basin.
Establishes the Rio Puerco Management Committee to: (1) advise the Secretary on the development and implementation of the management program; and (2) serve as a forum of information concerning the watershed and implementation of best management practices. Directs the Secretary to: (1) report to specified congressional committees on the implementation of this Act; and (2) study and report to such committees on the Rio Grande from Caballo Lake at least to Sunland Park, New Mexico.
Authorizes appropriations. | Rio Puerco Watershed Act of 1994 |
249 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Patient Access to
Preventive and Diagnostic Tests Act of 2003''.
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, 2004 (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
(including the data upon which such recommendations are
based) 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 Centers for Medicare &
Medicaid Services (hereinafter in this
paragraph referred to as `CMS') 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
CMS and the public; and
``(iv) 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.
The Secretary may convene such further public meetings to
receive public comment on payment amounts for new tests under
this subsection as the Secretary determines appropriate.
``(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
Healthcare 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, 2004,'' 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 2004, an amount
equal to the national limitation amount for that test
for 2003, 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 2004,
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) Prohibition on Assignment of Certain New Codes.--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)).
(e) Prohibition on Application of Least Costly Alternative to Fee
Schedule.--Section 1833(h) of the Social Security Act, as amended by
subsections (a), (b), and (c), is further amended by adding at the end
the following:
``(12) Notwithstanding any other provision of this title,
the Secretary may not substitute for the fee schedule amount
otherwise established under this subsection for a test a least
costly alternative fee schedule amount for the test.''.
(f) Effective Dates.--
(1) In general.--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, 2003.
(2) Prohibitions.--(A) Subsection (d) shall apply to code
assignment determinations made on or after the date of the
enactment of this Act.
(B) The amendment made by subsection (e) shall apply to
tests furnished on or after the date of the enactment of this
Act without regard to whether a determination to substitute a
least costly alternative fee schedule amount for a test was
made before, on, or after such date. | Medicare Patient Access to Preventive and Diagnostic Tests Act of 2003 - 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, 2004; (2) set the national fee schedule amounts for tests performed; and (3) establish a mechanism for review of the adequacy of payment amounts for a particular test.Prohibits the Secretary from: (1) 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; or (2) substituting for the fee schedule amount otherwise established under the Act for a test a least costly alternative fee schedule amount. | 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. |
250 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bureau of Reclamation Transparency
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the water resources infrastructure of the Bureau of
Reclamation provides important benefits related to irrigated
agriculture, municipal and industrial water, hydropower, flood
control, fish and wildlife, and recreation in the 17
Reclamation States;
(2) as of 2013, the combined replacement value of the
infrastructure assets of the Bureau of Reclamation was
$94,500,000,000;
(3) the majority of the water resources infrastructure
facilities of the Bureau of Reclamation are at least 60 years
old;
(4) the Bureau of Reclamation has previously undertaken
efforts to better manage the assets of the Bureau of
Reclamation, including an annual review of asset maintenance
activities of the Bureau of Reclamation known as the ``Asset
Management Plan''; and
(5) actionable information on infrastructure conditions at
the asset level, including information on maintenance needs at
individual assets due to aging infrastructure, is needed for
Congress to conduct oversight of Reclamation facilities and
meet the needs of the public.
SEC. 3. DEFINITIONS.
In this Act:
(1) Asset.--
(A) In general.--The term ``asset'' means any of
the following assets that are used to achieve the
mission of the Bureau of Reclamation to manage,
develop, and protect water and related resources in an
environmentally and economically sound manner in the
interest of the people of the United States:
(i) Capitalized facilities, buildings,
structures, project features, power production
equipment, recreation facilities, or quarters.
(ii) Capitalized and noncapitalized heavy
equipment and other installed equipment.
(B) Inclusions.--The term ``asset'' includes assets
described in subparagraph (A) that are considered to be
mission critical.
(2) Asset management report.--The term ``Asset Management
Report'' means--
(A) the annual plan prepared by the Bureau of
Reclamation known as the ``Asset Management Plan''; and
(B) any publicly available information relating to
the plan described in subparagraph (A) that summarizes
the efforts of the Bureau of Reclamation to evaluate
and manage infrastructure assets of the Bureau of
Reclamation.
(3) Major repair and rehabilitation need.--The term ``major
repair and rehabilitation need'' means major nonrecurring
maintenance at a Reclamation facility, including maintenance
related to the safety of dams, extraordinary maintenance of
dams, deferred major maintenance activities, and all other
significant repairs and extraordinary maintenance.
(4) Reclamation facility.--The term ``Reclamation
facility'' means each of the infrastructure assets that are
owned by the Bureau of Reclamation at a Reclamation project.
(5) Reclamation project.--The term ``Reclamation project''
means a project that is owned by the Bureau of Reclamation,
including all reserved works and transferred works owned by the
Bureau of Reclamation.
(6) Reserved works.--The term ``reserved works'' means
buildings, structures, facilities, or equipment that are owned
by the Bureau of Reclamation for which operations and
maintenance are performed by employees of the Bureau of
Reclamation or through a contract entered into by the Bureau of
Reclamation, regardless of the source of funding for the
operations and maintenance.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Transferred works.--The term ``transferred works''
means a Reclamation facility at which operations and
maintenance of the facility is carried out by a non-Federal
entity under the provisions of a formal operations and
maintenance transfer contract or other legal agreement with the
Bureau of Reclamation.
SEC. 4. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR RESERVED WORKS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit to Congress an Asset Management
Report that--
(1) describes the efforts of the Bureau of Reclamation--
(A) to maintain in a reliable manner all reserved
works at Reclamation facilities; and
(B) to standardize and streamline data reporting
and processes across regions and areas for the purpose
of maintaining reserved works at Reclamation
facilities; and
(2) expands on the information otherwise provided in an
Asset Management Report, in accordance with subsection (b).
(b) Infrastructure Maintenance Needs Assessment.--
(1) In general.--The Asset Management Report submitted
under subsection (a) shall include--
(A) a detailed assessment of major repair and
rehabilitation needs for all reserved works at all
Reclamation projects; and
(B) to the extent practicable, an itemized list of
major repair and rehabilitation needs of individual
Reclamation facilities at each Reclamation project.
(2) Inclusions.--To the extent practicable, the itemized
list of major repair and rehabilitation needs under paragraph
(1)(B) shall include--
(A) a budget level cost estimate of the
appropriations needed to complete each item; and
(B) an assignment of a categorical rating for each
item, consistent with paragraph (3).
(3) Rating requirements.--
(A) In general.--The system for assigning ratings
under paragraph (2)(B) shall be--
(i) consistent with existing uniform
categorization systems to inform the annual
budget process and agency requirements; and
(ii) subject to the guidance and
instructions issued under subparagraph (B).
(B) Guidance.--As soon as practicable after the
date of enactment of this Act, the Secretary shall
issue guidance that describes the applicability of the
rating system applicable under paragraph (2)(B) to
Reclamation facilities.
(4) Public availability.--Except as provided in paragraph
(5), the Secretary shall make publically available, including
on the Internet, the Asset Management Report required under
subsection (a).
(5) Confidentiality.--Subject to the discretion of the
Secretary, the Secretary may exclude from the public version of
the Asset Management Report made available under paragraph (4)
any information that the Secretary identifies as sensitive or
classified, but shall make available to the Committee on Energy
and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives a version of
the report containing the sensitive or classified information.
(c) Updates.--Not later than 2 years after the date on which the
Asset Management Report is submitted under subsection (a) and
biennially thereafter, the Secretary shall update the Asset Management
Report, subject to the requirements of section 5(b)(2).
(d) Consultation.--The Secretary shall consult with the Secretary
of the Army (acting through the Chief of Engineers) to the extent that
the consultation would assist the Secretary in preparing the Asset
Management Report under subsection (a) and updates to the Asset
Management Report under subsection (c).
SEC. 5. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR TRANSFERRED WORKS.
(a) In General.--The Secretary shall coordinate with the non-
Federal entities responsible for the operation and maintenance of
transferred works in developing reporting requirements for Asset
Management Reports with respect to the condition of, and planned
maintenance for, transferred works that are similar to the reporting
requirements described in section 4(b).
(b) Guidance.--
(1) In general.--After considering input from water and
power contractors of the Bureau of Reclamation, the Secretary
shall develop and implement a rating system for transferred
works that incorporates, to the maximum extent practicable, the
rating system for reserved works developed under section
4(b)(3).
(2) Updates.--The ratings system developed under paragraph
(1) shall be included in the updated Asset Management Reports
under section 4(c).
SEC. 6. OFFSET.
Notwithstanding any other provision of law, in the case of the
project authorized by section 1617 of the Reclamation Projects
Authorization and Adjustment Act of 1992 (43 U.S.C. 390h-12c), the
maximum amount of the Federal share of the cost of the project under
section 1631(d)(1) of that Act (43 U.S.C. 390h-13(d)(1)) otherwise
available as of the date of enactment of this Act shall be reduced by
$2,000,000.
Passed the Senate December 16, 2014.
Attest:
Secretary.
113th CONGRESS
2d Session
S. 1800
_______________________________________________________________________
AN ACT
To require the Secretary of the Interior to submit to Congress a report
on the efforts of the Bureau of Reclamation to manage its
infrastructure assets. | Bureau of Reclamation Transparency Act - Directs the Secretary of the Interior to submit to Congress, make publicly available, and biennially update an Asset Management Report that describes the Bureau of Reclamation's efforts to: (1) maintain in a reliable manner all reserved works (buildings, structures, facilities, or equipment owned by the Bureau for which operations and maintenance are performed by Bureau employees or through a contract with the Bureau) at Reclamation facilities (infrastructure assets that are owned by the Bureau at each Reclamation project owned by the Bureau); and (2) standardize and streamline data reporting and processes across regions and areas for the purpose of maintaining such works. Requires such Report to include: (1) a detailed assessment of major repair and rehabilitation needs for all such works; and (2) an itemized list of major repair and rehabilitation needs of individual Reclamation facilities at each Reclamation project, including a budget level cost estimate of appropriations needed to complete each item and an assignment of a categorical rating for each item consistent with existing uniform categorization systems to inform the annual budget process and agency requirements. Directs the Secretary to: (1) coordinate with the non-federal entities responsible for the operation and maintenance of transferred works (Reclamation facilities at which operations and maintenance are carried out by a non-federal entity under a formal agreement with the Bureau) in developing reporting requirements for Asset Management Reports regarding the condition of, and planned maintenance for, transferred works; and (2) develop and implement a categorical rating system for transferred works. Reduces the maximum amount of the federal share of the cost of the Central Valley Water Recycling Project otherwise available as of the date of enactment of this Act by $2 million. | Bureau of Reclamation Transparency Act |
251 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ruth Moore Act of 2013''.
SEC. 2. STANDARD OF PROOF FOR SERVICE-CONNECTION OF MENTAL HEALTH
CONDITIONS RELATED TO MILITARY SEXUAL TRAUMA.
(a) Standard of Proof.--Section 1154 of title 38, United States
Code, is amended by adding at the end the following new subsection:
``(c)(1) In the case of any veteran who claims that a covered
mental health condition was incurred in or aggravated by military
sexual trauma during active military, naval, or air service, the
Secretary shall accept as sufficient proof of service-connection a
diagnosis of such mental health condition by a mental health
professional together with satisfactory lay or other evidence of such
trauma and an opinion by the mental health professional that such
covered mental health condition is related to such military sexual
trauma, if consistent with the circumstances, conditions, or hardships
of such service, notwithstanding the fact that there is no official
record of such incurrence or aggravation in such service, and, to that
end, shall resolve every reasonable doubt in favor of the veteran.
Service-connection of such covered mental health condition may be
rebutted by clear and convincing evidence to the contrary. The reasons
for granting or denying service-connection in each case shall be
recorded in full.
``(2) For purposes of this subsection, in the absence of clear and
convincing evidence to the contrary, and provided that the claimed
military sexual trauma is consistent with the circumstances,
conditions, or hardships of the veteran's service, the veteran's lay
testimony alone may establish the occurrence of the claimed military
sexual trauma.
``(3) In this subsection:
``(A) The term `covered mental health condition' means
post-traumatic stress disorder, anxiety, depression, or other
mental health diagnosis described in the current version of the
Diagnostic and Statistical Manual of Mental Disorders published
by the American Psychiatric Association that the Secretary
determines to be related to military sexual trauma.
``(B) The term `military sexual trauma' means, with respect
to a veteran, psychological trauma, which in the judgment of a
mental health professional, resulted from a physical assault of
a sexual nature, battery of a sexual nature, or sexual
harassment which occurred during active military, naval, or air
service.''.
(b) Annual Reports.--
(1) In general.--Subchapter VI of chapter 11 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1164. Reports on claims for disabilities incurred or aggravated
by military sexual trauma
``(a) Reports.--Not later than December 1, 2014, and each year
thereafter through 2018, the Secretary shall submit to Congress a
report on covered claims submitted during the previous fiscal year.
``(b) Elements.--Each report under subsection (a) shall include the
following:
``(1) The number of covered claims submitted to or
considered by the Secretary during the fiscal year covered by
the report.
``(2) Of the covered claims listed under paragraph (1), the
number and percentage of such claims--
``(A) submitted by each sex;
``(B) that were approved, including the number and
percentage of such approved claims submitted by each
sex; and
``(C) that were denied, including the number and
percentage of such denied claims submitted by each sex.
``(3) Of the covered claims listed under paragraph (1) that
were approved, the number and percentage, listed by each sex,
of claims assigned to each rating percentage.
``(4) Of the covered claims listed under paragraph (1) that
were denied--
``(A) the three most common reasons given by the
Secretary under section 5104(b)(1) of this title for
such denials; and
``(B) the number of denials that were based on the
failure of a veteran to report for a medical
examination.
``(5) The number of covered claims that, as of the end of
the fiscal year covered by the report, are pending and,
separately, the number of such claims on appeal.
``(6) For the fiscal year covered by the report, the
average number of days that covered claims take to complete
beginning on the date on which the claim is submitted.
``(7) A description of the training that the Secretary
provides to employees of the Veterans Benefits Administration
specifically with respect to covered claims, including the
frequency, length, and content of such training.
``(c) Definitions.--In this section:
``(1) The term `covered claims' means claims for disability
compensation submitted to the Secretary based on a covered
mental health condition alleged to have been incurred or
aggravated by military sexual trauma.
``(2) The term `covered mental health condition' has the
meaning given that term in subparagraph (A) of section
1154(c)(3) of this title.
``(3) The term `military sexual trauma' has the meaning
given that term in subparagraph (B) of such section.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1164. Annual reports on claims for disabilities incurred or
aggravated by military sexual trauma.''.
(c) Effective Date.--Subsection (c) of section 1154 of title 38,
United States Code, as added by subsection (a), shall apply with
respect to any claim for disability compensation under laws
administered by the Secretary of Veterans Affairs for which no final
decision has been made before the date of the enactment of this Act. | Ruth Moore Act of 2013 - Directs the Secretary of Veterans Affairs (VA), in any case in which a veteran claims that a covered mental health condition was incurred in or aggravated by military sexual trauma during active duty, to accept as sufficient proof of service-connection a diagnosis by a mental health professional together with satisfactory lay or other evidence of such trauma and an opinion by the mental health professional that such condition is related to such trauma, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no official record of such incurrence or aggravation in such service, and to resolve every reasonable doubt in favor of the veteran. Allows such service-connection to be rebutted by clear and convincing evidence to the contrary. Includes as a "covered mental health condition" post-traumatic stress disorder, anxiety, depression, or any other mental health diagnosis that the Secretary determines to be related to military sexual trauma. Requires the Secretary to report annually to Congress in each of 2014 through 2018 on covered claims submitted. | Ruth Moore Act of 2013 |
252 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Youth Mental Health Research Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) More than 100 million Americans currently have some
sort of brain-related condition. Millions of Americans, many of
whom are currently school children, have some sort of
developmental delay, autism, or learning disability.
(2) Moreover, many Americans suffer from some form of
psychotic disorder, including schizophrenia and affective
psychotic disorders.
(3) These brain disorders usually result in significant
life-long disability, and psychotic disorders in particular,
despite advances in treatment, rank among the top causes of
disability worldwide.
(4) Neuroscience research has the potential to dramatically
improve the quality of life for people facing brain disease and
injury, and to significantly improve our understanding of
learning.
(5) Because of the impact on the health and economy of the
country, the Federal Government has taken a special interest in
promoting neuroscience and mental health research. Several
Federal agencies, including the National Science Foundation,
National Institutes of Health (NIH), Veterans Administration,
and Department of Defense oversee research on the brain and
nervous system.
(6) In December 2011, Congress directed the Office of
Science and Technology Policy to establish an Interagency
Working Group on Neuroscience (IWGN). The IWGN is currently
convening representatives across the Federal Government to make
recommendations about the future of neuroscience research.
(7) Given the findings about the role of mental illness in
multiple shootings across the Nation, including Newton,
Connecticut, Aurora, Colorado, and other communities
experiencing similar tragedies, the Federal Government has an
interest in pursuing research on the early detection,
intervention, and prevention of psychosis.
(8) In line with this, the Federal Government is looking
for new ways of increasing the Nation's knowledge of the
underlying causes of psychosis.
(9) The United States commitment to furthering the early
detection of mental illness in youth was seen in its
participation in two public/private research programs that
studied the earliest stages of psychotic illness, namely--
(A) the North American Prodrome Longitudinal Study
(NAPLS); and
(B) the Recovery After an Initial Schizophrenia
Episode (RAISE) initiative.
SEC. 3. YOUTH MENTAL HEALTH RESEARCH NETWORK.
(a) Youth Mental Health Research Network.--
(1) Network.--The Director of the National Institutes of
Health may provide for the establishment of a Youth Mental
Health Research Network for the conduct or support of--
(A) youth mental health research; and
(B) youth mental health intervention services.
(2) Collaboration by institutes and centers.--The Director
of NIH shall carry out this Act acting--
(A) through the Director of the National Institute
of Mental Health; and
(B) in collaboration with other appropriate
national research institutes and national centers that
carry out activities involving youth mental health
research.
(3) Mental health research.--
(A) In general.--In carrying out paragraph (1), the
Director of NIH may award cooperative agreements,
grants, and contracts to State, local, and tribal
governments and private nonprofit entities for--
(i) conducting, or entering into consortia
with other entities to conduct--
(I) basic, clinical, behavioral, or
translational research to meet unmet
needs for youth mental health research;
or
(II) training for researchers in
youth mental health research
techniques;
(ii) providing, or partnering with non-
research institutions or community-based groups
with existing connections to youth to provide,
youth mental health intervention services; and
(iii) collaborating with the National
Institute of Mental Health to make use of, and
build on, the scientific findings and clinical
techniques of the Institute's earlier programs,
studies, and demonstration projects.
(B) Research.--The Director of NIH shall ensure
that--
(i) each recipient of an award under
subparagraph (A)(i) conducts or supports at
least one category of research described in
subparagraph (A)(i)(I) and collectively such
recipients conduct or support all such
categories of research; and
(ii) one or more such recipients provide
training described in subparagraph (A)(i)(II).
(C) Number of award recipients.--The Director of
NIH may make awards under this paragraph for not more
than 70 entities.
(D) Supplement, not supplant.--Any support received
by an entity under subparagraph (A) shall be used to
supplement, and not supplant, other public or private
support for activities authorized to be supported under
this paragraph.
(E) Duration of support.--Support of an entity
under subparagraph (A) may be for a period of not to
exceed 5 years. Such period may be extended by the
Director of NIH for additional periods of not more than
5 years.
(4) Coordination.--The Director of NIH shall--
(A) as appropriate, provide for the coordination of
activities (including the exchange of information and
regular communication) among the recipients of awards
under this subsection; and
(B) require the periodic preparation and submission
to the Director of reports on the activities of each
such recipient.
(b) Intervention Services for, and Research on, Severe Mental
Illness.--
(1) In general.--In making awards under subsection (a)(3),
the Director of NIH shall ensure that an appropriate number of
such awards are awarded to entities that agree to--
(A) focus primarily on the early detection and
intervention of severe mental illness in young people;
(B) conduct or coordinate one or more multisite
clinical trials of therapies for, or approaches to, the
prevention, diagnosis, or treatment of early severe
mental illness in a community setting;
(C) rapidly and efficiently disseminate scientific
findings resulting from such trials; and
(D) adhere to the guidelines, protocols, and
practices used in the North American Prodrome
Longitudinal Study (NAPLS) and the Recovery After an
Initial Schizophrenia Episode (RAISE) initiative.
(2) Data coordinating center.--
(A) Establishment.--In connection with awards to
entities described in paragraph (1), the Director of
NIH shall establish a data coordinating center for the
following purposes:
(i) To distribute the scientific findings
referred to in paragraph (1)(C).
(ii) To provide assistance in the design
and conduct of collaborative research projects
and the management, analysis, and storage of
data associated with such projects.
(iii) To organize and conduct multisite
monitoring activities.
(iv) To provide assistance to the Centers
for Disease Control and Prevention in the
establishment of patient registries.
(B) Reporting.--The Director of NIH shall--
(i) require the data coordinating center
established under subparagraph (A) to provide
regular reports to the Director of NIH on
research conducted by entities described in
paragraph (1), including information on
enrollment in clinical trials and the
allocation of resources with respect to such
research; and
(ii) as appropriate, incorporate
information reported under clause (i) into the
Director's biennial reports under section 403
of the Public Health Service Act (42 U.S.C.
283).
(c) Definitions.--In this Act, the terms ``Director of NIH'',
``national center'', and ``national research institute'' have the
meanings given to such terms in section 401 of the Public Health
Service Act (42 U.S.C. 281).
(d) Authorization of Appropriations.--To carry out this Act, there
is authorized to be appropriated $25,000,000 for each of fiscal years
2015 through 2019. | Youth Mental Health Research Act - Authorizes the Director of the National Institutes of Health (NIH) to: (1) provide for the establishment of a Youth Mental Health Research Network for the conduct or support of youth mental health research and intervention services; and (2) carry out this Act by acting through the Director of the National Institute of Mental Health (NIMH) (the Director) in collaboration with other national research institutes and centers that conduct youth mental health research. Authorizes the Director to award cooperative agreements, grants, and contracts to governments and private nonprofit entities for: (1) conducting research to meet unmet needs for youth mental health research or training for researchers in youth mental health research techniques; (2) providing youth mental health intervention services; and (3) collaborating with NIMH to build on the scientific findings and clinical techniques of earlier programs, studies, and demonstration projects. Limits: (1) the number of entities that may be awarded support to 70; and (2) the duration of such support to 5 years, subject to an extension. Requires the Director to ensure that an appropriate number of awards go to entities that agree to: (1) focus primarily on the early detection and intervention of severe mental illness in young people; (2) conduct or coordinate multisite clinical trials of therapies for, or approaches to, the prevention, diagnosis, or treatment of early severe mental illness in a community setting; (3) disseminate scientific findings; and (4) adhere to the guidelines, protocols, and practices used in the North American Prodrome Longitudinal Study (NAPLS) and the Recovery After an Initial Schizophrenia Episode (RAISE) initiative. Requires the Director to: (1) establish a data coordinating center, (2) require the center to provide regular reports on research conducted, and (3) incorporate information reported into the Director of NIH's biennial reports. | Youth Mental Health Research Act |
253 | SECTION 1. LEASES, PERMITS, AND CONTRACTS FOR BUILDINGS, FACILITIES,
AND PROPERTIES IN THE NATIONAL WILDLIFE REFUGE SYSTEM.
(a) In General.--The National Wildlife Refuge System Administration
Act of 1966 (16 U.S.C. 668dd et seq.) is amended by--
(1) striking section 6 (relating to amendments to other
laws, which have executed);
(2) redesignating section 5 (16 U.S.C. 668ee) as section 6;
and
(3) inserting after section 4 the following:
``SEC. 5. CONCESSION CONTRACTS.
``(a) Contract Requirement.--(1) The Secretary shall not authorize
a person to use any land or water in the System for any activity
described in subsection (b), except under a contract that complies with
the requirements established under subsection (c).
``(2) The Secretary may not award a contract required under this
subsection except under a competitive bidding process.
``(3) This subsection does not apply with respect to any
administrative site, visitors facility, or revenue producing visitor
service mandated or authorized pursuant to section 1306 or 1307 of the
Alaska National Interest Lands Conservation Act (16 U.S.C. 3196, 3197).
``(b) Covered Concession Activities.--(1) The activity referred to
in subsection (a) is any commercial activity conducted to provide
accommodations, facilities, or services to members of the public who
are visiting lands or waters in the System, for the purpose of
providing such visitors recreational, educational, or interpretive
enjoyment of lands or waters in the System.
``(2) Such activity does not include--
``(A) any activity carried out under a procurement
contract, grant agreement, memorandum of understanding, or
cooperative agreements;
``(B) the performance of volunteer services;
``(C) any activity by a governmental entity;
``(D) the operation of a bookstore in a refuge facility by
a national wildlife refuge Friends organization; and
``(E) the performance of any guide or outfitter services
authorized by any permit or other authorization issued by the
Secretary, including services related to fishing, hunting,
boating, sightseeing, hiking, or camping, except that this
subparagraph does not include the construction, maintenance, or
occupancy of significant structures or facilities.
``(c) Standardized Contract.--(1) The Secretary, acting through the
Director, shall issue regulations that implement this section.
``(2) Regulations under this subsection shall authorize a contract
to use a provision other than those specified, by the Secretary as part
of a standardized contract only if--
``(A) the provision addresses extenuating circumstances
that are specific to a refuge or the contract; and
``(B) the provision is approved by the Secretary in
writing.
``(3) The Secretary shall require in each contract provisions that
require that any activity conducted in the System under the contract--
``(A) must be a compatible use; and
``(B) must be designed to--
``(i) conserve the natural and cultural resources
of the System;
``(ii) facilitate the enjoyment of the lands and
waters of the System by visitors to the System; and
``(iii) enhance such visitors' knowledge of the
natural resources of the System.
``(d) Maintenance and Repair.--(1) Notwithstanding any other
provision of law, the Secretary shall include, in each contract that
authorizes a person to use any land or water in the System for any
activity described in subsection (b), provisions that--
``(A) authorize the person to maintain or repair any
improvement on or in such land or water that the person is
authorized to use for such activity; and
``(B) treat costs incurred by the person for such
maintenance or repair as consideration otherwise required to be
paid to the United States for such use.
``(2) This subsection does not authorize any maintenance or repair
that is not directly related to an activity described in subsection (b)
that is authorized by the contract.
``(3) The United States shall retain title to all real property
that is maintained or repaired under this subsection.
``(e) No Compensable Interest.--Nothing in this Act shall be
considered to convey to any person any right to compensation for--
``(1) the value of any maintenance activities, repairs,
construction, or improvements on or in land or water in the
System; or
``(2) buildings, facilities, fixtures, and non-movable
equipment that the person is authorized to use under this Act.
``(f) Expenditure of Fees and Other Payments.--(1) Amounts received
by the United States as fees or other payments required under any
agreement, lease, permit, or contract for use of real property located
in an area in the System, other than lands withdrawn for Native
selection pusuant to the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.) shall be available to the Secretary for expenditure in
accordance with this subsection, without further appropriation.
``(2) Amounts available for expenditure under this subsection may
only be used--
``(A) at the refuge or refuge complex with respect to which
the amounts were received as fees or other payments;
``(B) to increase the quality of the visitor experience;
and
``(C) for purposes of--
``(i) backlogged repair and maintenance projects
(including projects relating to health and safety);
``(ii) interpretation, signage, habitat, or
facility enhancement; or
``(iii) administration of agreements, leases,
permits, and contracts from which such amounts are
derived.
``(3) Paragraph (1) shall not affect the application of the Act of
June 15, 1935 (chapter 261; 16 U.S.C. 715s), commonly referred to as
the Refuge Revenue Sharing Act, to amounts referred to in paragraph (1)
that are not expended by the Secretary under paragraph (1).''.
(b) Application.--Section 5(a) of the National Wildlife Refuge
System Administration Act of 1966, as amended by this section, shall
apply only with respect to a concession that is--
(1) first awarded after the date of the publication of
regulations under section 5(c) of the National Wildlife Refuge
System Administration Act of 1966, as amended by this section;
or
(2) renewed after the end of the 3-year period beginning on
the date of the enactment of this Act.
(c) Deadline for Regulations Establishing Program Requirements.--
The Secretary of the Interior shall issue regulations under section
5(c) of the National Wildlife Refuge System Administration Act of 1966,
as amended by this section, by not later than 18 months after the date
of the enactment of this Act.
(d) Comprehensive Conservation Plan Requirement.--Section 4(e) of
the National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd) is amended by adding at the end the following:
``(5) The Secretary shall include, in the comprehensive
conservation plan for each refuge under this subsection, a description
of the activities that may be conducted in the refuge, and the lands,
waters, and facilities of the refuge that may be used, under concession
contracts awarded under section 5(a).''.
(e) Prior Amendments Not Affected.--Nothing in this section shall
be construed to affect any amendment made by section 6 of the National
Wildlife Refuge System Administration Act of 1966, as in effect before
the enactment of this Act, or any provision of law amended by such
section.
SEC. 2. ANNUAL REPORT ON NATIONAL WILDLIFE REFUGE CONCESSIONS.
(a) Reporting Requirement.--The National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.) is further amended
by amending section 7 (relating to amendments to another law, which
have executed) to read as follows:
``SEC. 7. ANNUAL REPORT ON CONCESSION ACTIVITIES IN THE SYSTEM.
``(a) In General.--The Secretary shall submit by December 31 each
year, to the Committee on Resources of the House of Representatives and
the Committee on Environment and Public Works of the Senate, a report
on concessions activities conducted in the System.
``(b) Contents.--Each report under this section shall describe the
following with respect to the period covered by the report:
``(1) The number of refuge units in which concessions
activities were conducted.
``(2) The names and descriptions of services offered in the
System by each concessionaire.
``(3) A listing of the different types of legal
arrangements under which concessionaires operated in the
System, including contracts, memoranda of understanding,
permits, letters of agreement, and other arrangements.
``(4) Amounts of fees or other payments received by the
United States with respect to such activities from each
concessionaire, and the portion of such funds expended for
purposes under this Act.
``(5) An accounting of the amount of monies deposited into
the fund established by section 401 of the Act of June 15, 1935
(chapter 261; 16 U.S.C. 715s), popularly known as the refuge
revenue sharing fund, and of the balance remaining in the fund
at the end of the reporting period.
``(6) A listing of all concession contracts and other
arrangements that were terminated or not renewed within the
reporting period.
``(7) A summary of all improvements in visitor services in
the System that were completed by concessionaires and
volunteers during the reporting period.
``(8) A summary of all backlogged repair and maintenance,
facility enhancement, and resource preservation projects
completed by concessionaires and volunteers during the
reporting period.''.
(b) Deadline for First Report.--The Secretary of the Interior shall
submit the first report under the amendment made by subsection (a) by
not later than 1 year after the date of the enactment of this Act.
Passed the House of Representatives November 18, 2003.
Attest:
JEFF TRANDAHL,
Clerk. | Amends the National Wildlife Refuge System Administration Act of 1966 to prohibit the Secretary of the Interior from authorizing a person to use any land or water in the National Wildlife Refuge System for any commercial activity conducted to provide accommodations, facilities, or services for visitors' recreational, educational, or interpretive enjoyment of System lands or waters, except under a standardized concession contract established pursuant to this Act. Excludes certain activities from coverage of such requirement, including volunteer and government activities and the operation of a bookstore in a refuge facility by a national wildlife refuge Friends organization, as well as performance of any authorized guide or outfitter services.
Exempts from such standardized contract requirement administrative sites, visitor facilities, and revenue producing visitor services mandated or authorized pursuant to the Alaska National Interest Lands Conservation Act.
Directs the Secretary, acting through the Director of the United States Fish and Wildlife Service, to issue regulations that authorize a contract to use a provision other than those specified by the Secretary as part of a standardized contract, subject to certain conditions. Directs the Secretary to require in each contract provisions requiring any activity conducted in the System under the contract to be: (1) a compatible use; and (2) designed to conserve the System's natural and cultural resources, facilitate the enjoyment of System lands and waters, and enhance visitors' knowledge of the natural resources. Requires the Secretary to include in any such contract provisions that: (1) authorize the person to maintain or repair any improvement on or in such land or water that the person is authorized to use; and (2) treat costs incurred by the person for such maintenance or repair as consideration otherwise required to be paid to the United States for such use. Makes available to the Secretary for specified expenditures any amounts received by the United States as fees or other payments required under any contract for use of real property located in an area of the System, other than lands withdrawn for Native selection pursuant to the Alaska Native Claims Settlement Act. Directs the Secretary to: (1) include in the comprehensive conservation plan for each refuge a description of the activities that may be conducted in the refuge and the lands, water, and facilities of the refuge that may be used under concession contracts; and (2) report by December 31 each year to specified congressional committees on concessions activities in the System. | To amend the National Wildlife Refuge System Administration Act of 1966 to establish requirements for the award of concessions in the National Wildlife Refuge System, to provide for maintenance and repair of properties located in the System by concessionaires authorized to use such properties, and for other purposes. |
254 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gas Price Spike Act of 2005''.
SEC. 2. WINDFALL PROFITS TAX.
(a) In General.--Subtitle E of the Internal Revenue Code of 1986
(relating to alcohol, tobacco, and certain other excise taxes) is
amended by adding at the end thereof the following new chapter:
``CHAPTER 56--WINDFALL PROFIT ON CRUDE OIL, NATURAL GAS, AND PRODUCTS
THEREOF
``Sec. 5896. Imposition of tax.
``SEC. 5896. IMPOSITION OF TAX.
``(a) In General.--In addition to any other tax imposed under this
title, there is hereby imposed an excise tax on the sale in the United
States of any crude oil, natural gas, or other taxable product a tax
equal to the applicable percentage of the windfall profit on such sale.
``(b) Definitions.--For purposes of this section--
``(1) Taxable product.--The term `taxable product' means
any fuel which is a product of crude oil or natural gas.
``(2) Windfall profit.--The term `windfall profit' means,
with respect to any sale, so much of the profit on such sale as
exceeds a reasonable profit.
``(3) Applicable percentage.--The term `applicable
percentage' means--
``(A) 50 percent to the extent that the profit on
the sale exceeds 100 percent of the reasonable profit
on the sale but does not exceed 102 percent of the
reasonable profit on the sale,
``(B) 75 percent to the extent that the profit on
the sale exceeds 102 percent of the reasonable profit
on the sale but does not exceed 105 percent of the
reasonable profit on the sale, and
``(C) 100 percent to the extent that the profit on
the sale exceeds 105 percent of the reasonable profit
on the sale.
``(4) Reasonable profit.--The term `reasonable profit'
means the amount determined by the Reasonable Profits Board to
be a reasonable profit on the sale.
``(c) Liability for Payment of Tax.--The taxes imposed by
subsection (a) shall be paid by the seller.''.
(b) Clerical Amendment.--The table of chapters for subtitle E of
such Code is amended by adding at the end the following new item:
``Chapter 56. windfall profit on crude oil and refined petroleum
products''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. CREDIT FOR PURCHASING FUEL EFFICIENT AMERICAN-MADE PASSENGER
VEHICLES.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25B the
following new section:
``SEC. 25C. PURCHASE OF FUEL-EFFICIENT AMERICAN-MADE PASSENGER
VEHICLES.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to the cost of any qualified passenger
vehicle purchased by the taxpayer during the taxable year.
``(b) Maximum Credit.--The credit allowed by this section for the
taxable year shall not exceed--
``(1) $3,000 in the case of a qualified passenger vehicle
not described in paragraph (2) or (3),
``(2) $4,500 in the case of a qualified passenger vehicle
the fuel economy of which is--
``(A) in the case a truck or sport utility vehicle,
at least 45 miles per gallon but less than 55 miles per
gallon, and
``(B) in any other case, at least 55 miles per
gallon but less than 65 miles per gallon, and
``(3) $6,000 in the case of a qualified passenger vehicle
the fuel economy of which is--
``(A) in the case a truck or sport utility vehicle,
at least 55 miles per gallon, and
``(B) in any other case, at least 65 miles per
gallon.
``(c) Qualified Passenger Vehicle.--For purposes of this section--
``(1) In general.--The term `qualified automobile' means
any automobile (as defined in section 4064(b))--
``(A) which is purchased after the date of the
enactment of this section,
``(B) which is assembled in the United States by
individuals employed under a collective bargaining
agreement,
``(C) the original use of which begins with the
taxpayer,
``(D) substantially all of the use of which is for
personal, nonbusiness purposes, and
``(E) the fuel economy of such automobile is--
``(i) at least 35 miles per gallon in the
case a truck or sport utility vehicle, and
``(ii) at least 45 miles per gallon in any
other case.
``(2) Fuel economy.--Fuel economy shall be determined in
accordance with section 4064.
``(d) Special Rules.--
``(1) Basis reduction.--The basis of any property for which
a credit is allowable under subsection (a) shall be reduced by
the amount of such credit.
``(2) Property used outside united states not qualified.--
No credit shall be allowed under subsection (a) with respect to
any property referred to in section 50(b).''.
(b) Clerical Amendment.--The table of sections for such subpart A
is amended by inserting after the item relating to section 25B the
following new item:
``Sec. 25C. Purchase of fuel-efficient American-made passenger
vehicles.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 4. MASS TRANSIT FARE REDUCTIONS DURING GAS PRICE SPIKES.
(a) In General.--The Secretary of Transportation may make grants to
the operator of a mass transit system to assist the operator in
reducing fares paid by passengers using the system.
(b) Use of Grants.--Grants received under the program shall be used
solely for implementing a fare reduction described in subsection (a)
that is applied equally to all passengers using the mass transit
system.
(c) Mass Transit System Defined.--In this section, the term ``mass
transit system'' includes bus and commuter rail systems.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section in a fiscal year amounts
equivalent to the excess (if any) of--
(1) the revenues received during the preceding fiscal year
pursuant to chapter 56 of the Internal Revenue Code of 1986
(relating to windfall profit on crude oil and refined petroleum
products), over
(2) the revenue cost for such fiscal year of section 25C of
such Code (relating to purchase of fuel-efficient American-made
passenger vehicles).
Amounts authorized under the preceding sentence shall remain available
until expended.
SEC. 5. REASONABLE PROFITS BOARD.
(a) Establishment.--There is established an independent board to be
known as the ``Reasonable Profits Board'' (hereafter in this section
referred to as the ``Board'').
(b) Duties.--The Board shall make reasonable profit determinations
for purposes of applying section 5896 of the Internal Revenue Code of
1986 (relating to windfall profit on crude oil, natural gas, and
products thereof).
(c) Advisory Committee.--The Board shall be considered an advisory
committee within the meaning of the Federal Advisory Committee Act (5
U.S.C. App.).
(d) Appointment.--
(1) Members.--The Board shall be composed of 3 members
appointed by the President of the United States.
(2) Term.--Members of the Board shall be appointed for a
term of 3 years.
(3) Background.--The members shall have no financial
interests in any of the businesses for which reasonable profits
are determined by the Board.
(e) Pay and Travel Expenses.--
(1) Pay.--Notwithstanding section 7 of the Federal Advisory
Committee Act (5 U.S.C. App.), members of the Board shall be
paid at a rate equal to the daily equivalent of the minimum
annual rate of basic pay for level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for each day
(including travel time) during which the member is engaged in
the actual performance of duties vested in the Board.
(2) Travel expenses.--Members shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with section 5702 and 5703 of title 5, United States
Code.
(f) Director of Staff.--
(1) Qualifications.--The Board shall appoint a Director who
has no financial interests in any of the businesses for which
reasonable profits are determined by the Board.
(2) Pay.--Notwithstanding section 7 of the Federal Advisory
Committee Act (5 U.S.C. App.), the Director shall be paid at
the rate of basic pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
(g) Staff.--
(1) Additional personnel.--The Director, with the approval
of the Board, may appoint and fix the pay of additional
personnel.
(2) Appointments.--The Director may make such appointments
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and
any personnel so appointed may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
that title relating to classification and General Schedule pay
rates.
(3) Detailees.--Upon the request of the Director, the head
of any Federal department or agency may detail any of the
personnel of that department or agency to the Board to assist
the Board in accordance with an agreement entered into with the
Board.
(4) Assistance.--The Comptroller General of the United
States may provide assistance, including the detailing of
employees, to the Board in accordance with an agreement entered
into with the Board.
(h) Other Authority.--
(1) Experts and consultants.--The Board may procure by
contract, to the extent funds are available, the temporary or
intermittent services of experts or consultants pursuant to
section 3109 of title 5, United States Code.
(2) Leasing.--The Board may lease space and acquire
personal property to the extent that funds are available.
(i) Funding.--There are authorized to be appropriated such funds as
are necessary to carry out this section. | Gas Price Spike Act of 2005 - Amends the Internal Revenue Code to impose a windfall profit tax on crude oil, natural gas, or products of crude oil or natural gas. Defines "windfall profit" as so much of the profit on a sale of crude oil, natural gas, or related products as exceeds a reasonable profit. Establishes the Reasonable Profits Board to determine levels of reasonable profit from the sale of such products.
Allows a tax credit for the purchase of certain fuel-efficient, American-made passenger vehicles.
Authorizes the Secretary of Transportation to make grants to operators of mass transit systems, including bus and commuter rail systems, to reduce passenger fares on such systems. | To amend the Internal Revenue Code of 1986 to impose a windfall profit tax on oil and natural gas (and products thereof) and to allow an income tax credit for purchases of fuel-efficient passenger vehicles, and to allow grants for mass transit. |
255 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Child Well-Being Research Act
of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The well-being of children is a paramount concern for
our Nation and for every State, and most programs for children
and families are managed at the State or local level.
(2) Child well-being varies over time and across social,
economic, and geographic groups, and can be affected by changes
in the circumstances of families, by the economy, by the social
and cultural environment, and by public policies and programs
at the Federal, State, and local level.
(3) States, including small States, need information about
child well-being that is specific to their State and that is
up-to-date, cost-effective, and consistent across States and
over time.
(4) Regular collection of child well-being information at
the State level is essential so that Federal and State
officials can track child well-being over time.
(5) Information on child well-being is necessary for all
States, particularly small States that do not have State-level
data in other federally supported databases. Information is
needed on the well-being of all children, not just children
participating in Federal programs.
(6) Telephone surveys of parents represent a relatively
cost-effective strategy for obtaining information on child
well-being at the State level for all States, including small
States, and can be conducted alone or in mixed mode strategy
with other survey techniques.
(7) Data from telephone surveys of the population are
currently used to monitor progress toward many important
national goals, including immunization of preschool children
with the National Immunization Survey, and the identification
of health care issues of children with special needs with the
National Survey of Children with Special Health Care Needs.
(8) A State-level telephone survey, alone or in combination
with other techniques, can provide information on a range of
topics, including children's social and emotional development,
education, health, safety, family income, family employment,
and child care. Information addressing marriage and family
structure can also be obtained for families with children.
Information obtained from such a survey would not be available
solely for children or families participating in programs but
would be representative of the entire State population and
consequently, would not only inform welfare policymaking, but
policymaking on a range of other important issues, such as
child care, child welfare, child health, family formation, and
education.
SEC. 3. RESEARCH ON INDICATORS OF CHILD WELL-BEING.
Section 413 of the Social Security Act (42 U.S.C. 613) is amended
by adding at the end the following:
``(k) Indicators of Child Well-Being.--
``(1) In general.--The Secretary shall develop
comprehensive indicators to assess child well-being in each
State by directing the Director of the Maternal and Child
Health Bureau of the Health Resources and Services
Administration (in this subsection referred to as the
`Director') to expand the National Survey of Children's Health.
``(2) Requirements.--
``(A) In general.--The indicators developed under
paragraph (1) shall include measures related to the
following:
``(i) Education.
``(ii) Social and emotional development.
``(iii) Physical and mental health and
safety.
``(iv) Family well-being, such as family
structure, income, employment, child care
arrangements, and family relationships.
``(B) Collection requirements.--The data collected
with respect to the indicators developed under
paragraph (1) shall be--
``(i) statistically representative at the
State and National level;
``(ii) consistent across States;
``(iii) collected on an annual basis for at
least the 5 years following the first year of
collection;
``(iv) measured with reliability;
``(v) current;
``(vi) over-sampled, with respect to low-
income children and families, so that subgroup
estimates can be produced by a variety of
income categories (such as for 50, 100, and 200
percent of the poverty level, and for children
of varied ages, such as 0-5, 6-11, and 12-17
years of age); and
``(vii) made publicly available.
``(C) Other requirements.--
``(i) Publication.--The data collected with
respect to the indicators developed under
paragraph (1) shall be published as both actual
numbers and expressed in terms of rates or
percentages.
``(ii) Sample sizes.--Sample sizes used for
the collected data shall be adequate for
microdata on the categories included in clause
(vi) to be made publicly available without
violating confidentiality standards.
``(D) Consultation.--
``(i) In general.--In developing the
indicators required under paragraph (1) and the
means to collect the data required with respect
to the indicators, the Secretary shall require
the Director to consult and collaborate with a
subcommittee of the Federal Interagency Forum
on Child and Family Statistics, which shall
include representatives with expertise on all
the domains of child well-being described in
subparagraph (A). The subcommittee shall have
appropriate staff assigned to work with the
Maternal and Child Health Bureau during the
design phase of the survey.
``(ii) Duties.--The Director shall consult
with the subcommittee referred to in clause (i)
with respect to the design, content, and
methodology for the development of the
indicators required under paragraph (1) and the
collection of data regarding the indicators,
and the availability or lack thereof of similar
data through other Federal data collection
efforts.
``(iii) Costs.--Costs incurred by the
subcommittee with respect to the development of
the indicators and the collection of data
related to the indicators shall be treated as
costs of the National Survey of Children's
Health.
``(3) Advisory panel.--
``(A) Establishment.--The Secretary shall require
the Director to establish, with the advice of the
Federal Interagency Forum on Child and Family
Statistics, an advisory panel of experts to make
recommendations regarding the appropriate measures,
methods, dissemination strategies, and statistical
tools necessary for making the assessment required
under paragraph (1) based on the indicators developed
under that paragraph and the data collected with
respect to the indicators.
``(B) Membership.--
``(i) In general.--The advisory panel
established under subparagraph (A) shall
include experts on each of the domains of child
well-being described in paragraph (2)(A),
experts on child indicators, experts from State
agencies and from nonprofit organizations that
use child indicator data at the State level,
and experts on survey methodology.
``(ii) Deadline.--The members of the
advisory panel shall be appointed not later
than 2 months after the date of enactment of
the State Child Well-Being Research Act of
2007.
``(C) Meetings.--The advisory panel established
under subparagraph (A) shall meet--
``(i) at least 3 times during the first
year after the date of enactment of the State
Child Well-Being Research Act of 2007; and
``(ii) annually thereafter for the 4
succeeding years.
``(4) Authorization of appropriations.--There are
authorized to be appropriated for each of fiscal years 2008
through 2012, $20,000,000 for the purpose of carrying out this
subsection.''. | State Child Well-Being Research Act of 2007 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to require the Secretary of Health and Human Services to develop comprehensive indicators to assess child well-being in each state.
Directs the Secretary to establish an advisory panel to make recommendations regarding the appropriate measures and statistical tools necessary for making such assessment. | A bill to amend part A of title IV of the Social Security Act to require the Secretary of Health and Human Services to conduct research on indicators of child well-being. |
256 | SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
This Act may be cited as the ``Improving Oversight and
Accountability in Medicaid Non-DSH Supplemental Payments Act''.
SEC. 2. IMPROVING CALCULATION, OVERSIGHT, AND ACCOUNTABILITY OF NON-DSH
SUPPLEMENTAL PAYMENTS UNDER THE MEDICAID PROGRAM.
(a) Guidance for States on Non-DSH Supplemental Payments; State
Reporting and Auditing Requirements.--Section 1903 of the Social
Security Act (42 U.S.C. 1396b) is amended by adding at the end the
following new subsection:
``(aa)(1) Not later than 180 days after the date of the enactment
of this subsection, the Secretary shall--
``(A) issue guidance to States that identifies permissible
methods for calculation of non-DSH supplemental payments to
providers to ensure such payments are consistent with section
1902(a)(30)(A) (including any regulations issued under such
section such as the regulations specifying upper payment limits
under the State plan in part 447 of title 42, Code of Federal
Regulations (or any successor regulations));
``(B) establish annual reporting requirements for States
making non-DSH supplemental payments that include--
``(i) with respect to a provider that is a
hospital, nursing facility, intermediate care facility
for the mentally retarded, or an institution for mental
diseases, or any other institution, an identification
of each provider that received a non-DSH supplemental
payment for the preceding fiscal year, the type of
ownership or operating authority of each such provider,
and the aggregate amount of such payments received by
each provider for the preceding fiscal year broken out
by category of service;
``(ii) with respect a provider that is not
described in clause (i), any information specified in
the preceding paragraph, as determined appropriate by
the Secretary; and
``(iii) such other information as the Secretary
determines to be necessary to ensure that non-DSH
supplemental payments made to providers under this
section are consistent with section 1902(a)(30)(A); and
``(C) establish requirements for States making non-DSH
supplemental payments to conduct and submit to the Secretary an
annual independent certified audit that verifies--
``(i) the extent to which non-DSH supplemental
payments made in the preceding fiscal year are
consistent with the guidance issued under subparagraph
(A);
``(ii) that payments made under the State plan (or
under a waiver of the plan) are only for the provision
of covered services to eligible individuals under the
State plan (or under a waiver of the plan); and
``(iii) any other information the Secretary
determines is necessary to ensure non-DSH supplemental
payments are consistent with applicable Federal laws
and regulations.
``(2) For purposes of this subsection, the term `non-DSH
supplemental payment' means a payment, other than a payment under
section 1923, that--
``(A) is identified by the Secretary through guidance
described in paragraph (1)(A);
``(B) is made by a State to a provider under the State plan
(or under a waiver of the plan) for an item or service
furnished to an individual eligible for medical assistance
under the State plan (or under a waiver of the plan); and
``(C) is in addition to any base or standard payments made
to a provider under the State plan (or under a waiver of the
plan) for such an item or service, including any additional
payments made to such provider that are not more than any
limits imposed pursuant to section 1902(a)(30)(A) (including
the regulations specifying upper payment limits under the State
plan in part 447 of title 42, Code of Federal Regulations (or
any successor regulations)).''.
(b) State Reporting and Auditing of Non-DSH Supplemental
Payments.--Section 1903(i) of the Social Security Act (42 U.S.C.
1396b(i)) is amended--
(1) in paragraph (26), by striking ``or'' at the end;
(2) by redesignating paragraph (27) as paragraph (28); and
(3) by inserting after paragraph (26) the following new
paragraph:
``(27) with respect to amounts expended to make any non-DSH
supplemental payment (as defined in subsection (aa)(2)), unless
the State complies with the reporting and auditing requirements
under subparagraphs (B) and (C) of subsection (aa)(1); or''. | Improving Oversight and Accountability in Medicaid Non-DSH Supplemental Payments Act This bill amends title XIX (Medicaid) of the Social Security Act to direct the Centers for Medicare & Medicaid Services to: (1) issue guidance to states that identifies permissible methods for calculating certain supplemental payments, excluding disproportionate-share payments, made by state Medicaid programs to providers; and (2) establish annual reporting and auditing requirements for states making such supplemental payments. Federal payment with respect to such supplemental payments shall be conditioned upon a state's compliance with these reporting and auditing requirements. | Improving Oversight and Accountability in Medicaid Non-DSH Supplemental Payments Act |
257 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``TVA Customer Protection Act of
1999''.
SEC. 2. INCLUSION IN DEFINITION OF PUBLIC UTILITY.
(a) In General.--Section 201(e) of the Federal Power Act (16 U.S.C.
824(e)) is amended by inserting before the period at the end the
following: ``, and includes the Tennessee Valley Authority''.
(b) Conforming Amendment.--Section 201(f) of the Federal Power Act
(16 U.S.C. 824(f)) is amended by striking ``foregoing, or any
corporation'' and inserting ``foregoing (other than the Tennessee
Valley Authority) or any corporation''.
SEC. 3. DISPOSITION OF PROPERTY.
Section 203 of the Federal Power Act (16 U.S.C. 824b) is amended by
adding at the end the following:
``(c) TVA Exception.--This section does not apply to a disposition
of the whole or any part of the facilities of the Tennessee Valley
Authority if--
``(1) the Tennessee Valley Authority discloses to the
Commission (on a form, and to the extent, that the Commission
shall prescribe by regulation) the sale, lease, or other
disposition of any part of its facilities that--
``(A) is subject to the jurisdiction of the
Commission under this Part; and
``(B) has a value of more than $50,000; and
``(2) all proceeds of the sale, lease, or other disposition
under paragraph (1) are applied by the Tennessee Valley
Authority to the reduction of debt of the Tennessee Valley
Authority.''.
SEC. 4. FOREIGN OPERATIONS; PROTECTIONS.
Section 208 of the Federal Power Act (16 U.S.C. 824g) is amended by
adding at the end the following:
``(c) Tennessee Valley Authority.--
``(1) Limit on charges.--
``(A) No authorization or permit.--The Commission
shall issue no order under this Act that has the effect
of authorizing or permitting the Tennessee Valley
Authority to make, demand, or receive any rate or
charge, or impose any rule or regulation pertaining to
a rate or charge, that includes any costs incurred by
or for the Tennessee Valley Authority in the conduct of
any activities or operations outside the United States.
``(B) Unlawful rate.--
``(i) In general.--Any rate, charge, rule,
or regulation described in subparagraph (A)
shall be deemed for the purposes of this Act to
be unjust, unreasonable, and unlawful.
``(ii) No limitation on authority.--Clause
(i) does not limit the authority of the
Commission under any other provision of law to
regulate and establish just and reasonable
rates and charges for the Tennessee Valley
Authority.
``(2) Annual report.--The Tennessee Valley Authority shall
annually--
``(A) prepare and file with the Commission, in a
form that the Commission shall prescribe by regulation,
a report setting forth in detail any activities or
operations engaged in outside the United States by or
on behalf of the Tennessee Valley Authority; and
``(B) certify to the Commission that the Tennessee
Valley Authority has neither recovered nor sought to
recover the costs of activities or operations engaged
in outside the United States by or on behalf of the
Tennessee Valley Authority in any rate, charge, rule,
or regulation on file with the Commission.''.
SEC. 5. TVA POWER SALES AND PROPERTY VALUATION.
(a) In General.--Part II of the Federal Power Act (16 U.S.C. 824 et
seq.) is amended by adding at the end the following:
``SEC. 215. TVA POWER SALES.
``(a) In General.--The Tennessee Valley Authority shall not sell
electric power to a retail customer that will consume the power within
the area that, on the date of enactment of this section, is assigned by
law as the distributor service area, unless--
``(1) the customer (or predecessor in interest to the
customer) was purchasing electric power directly from the
Tennessee Valley Authority as a retail customer on that date;
``(2) the distributor is purchasing firm power from the
Tennessee Valley Authority in an amount that is equal to not
more than 50 percent of the total retail sales of the
distributor; or
``(3) the distributor agrees that the Tennessee Valley
Authority may sell power to the customer.
``(b) Retail Sales.--Notwithstanding any other provision of law,
the rates, terms, and conditions of retail sales of electric power by
the Tennessee Valley Authority that are not prohibited by subsection
(a) shall be subject to regulation under State law applicable to public
utilities in the manner and to the extent that a State commission or
other regulatory authority determines to be appropriate.
``(c) Assurance of Adequate Electric Generation Capacity.--
``(1) In general.--Notwithstanding any other provision of
law, after the date of enactment of this section, the Tennessee
Valley Authority shall not construct or acquire by any means
electric generation capacity, or sell the output of electric
generation capacity constructed or acquired after that date,
unless the Commission has issued to the Tennessee Valley
Authority a certificate of public convenience and necessity
authorizing the construction or acquisition of electric
generation capacity.
``(2) Criteria for issuance of certificate.--The Commission
shall issue a certificate of public convenience and necessity
under paragraph (1) only if the Commission finds, after
affording an opportunity for an evidentiary hearing, that--
``(A) the reserve power margin of the Tennessee
Valley Authority for the area within which the
Tennessee Valley Authority is permitted by law to be a
source of supply--
``(i) is less than 15 percent; and
``(ii) is expected to remain less than 15
percent for a period of at least 1 year unless
new capacity is constructed or acquired;
``(B) the Energy Information Administration has
submitted to the Commission, with respect to issuance
of the certificate of public convenience and necessity,
a determination that--
``(i) there is no commercially reasonable
option for the purchase of power from the
wholesale power market to meet the needs of the
area within which the Tennessee Valley
Authority is permitted by law to be a source of
supply; and
``(ii) the proposed construction or
acquisition is the only commercially reasonable
means to meet the firm contractual obligations
of the Tennessee Valley Authority with respect
to the area within which the Tennessee Valley
Authority is permitted by law to be a source of
supply;
``(C) the electric generation capacity or the
output of the capacity proposed to be authorized will
not make the Tennessee Valley Authority a direct or
indirect source of supply in any area with respect to
which the Authority is prohibited by law from being,
directly or indirectly, a source of supply; and
``(D) the electric generation capacity proposed to
be authorized is completely subscribed in advance for
use by customers only within the area for which the
Tennessee Valley Authority or distributors of the
Authority were the primary source of power supply on
July 1, 1957.
``SEC. 216. VALUATION OF CERTAIN TVA PROPERTY.
``(a) Evidentiary Hearing.--Not later than 120 days after the date
of enactment of this section, notwithstanding any other provision of
law, the Commission shall commence a hearing on the record for the
purpose of determining the value of the property owned by the Tennessee
Valley Authority--
``(1) that is used and useful; and
``(2) the cost of which was prudently incurred in providing
electric service, as of July 1, 1999, to--
``(A) the distributors of the Authority; and
``(B) the customers that directly purchased power
from the Authority.
``(b) Procedures and Standards.--In making the determination under
subsection (a), the Commission shall use, to the maximum extent
practicable, the procedures and standards that the Commission uses in
making similar determinations with respect to public utilities.
``(c) Timing of Final Order.--The Commission shall issue a final
order with respect to the determination under subsection (a)--
``(1) not later than 1 year after the date of commencement
of the hearing under subsection (a); or
``(2) not later than a date determined by the Commission by
an order supported by the record.
``(d) Timing of Order Awarding Recovery of Stranded Costs.--The
Commission may issue an order awarding recovery to the Tennessee Valley
Authority of costs rendered uneconomic by competition not earlier than
the date on which the Commission issues a final order with respect to
the determination under subsection (a).''.
(b) Transition.--Not later than 180 days after the date of
enactment of this Act, the Tennessee Valley Authority shall file all
rates and charges for the transmission or sale of electric energy and
the classifications, practices, and regulations affecting those rates
and charges, together with all contracts that in any manner affect or
relate to contracts that are required to be filed under Part II of the
Federal Power Act (16 U.S.C. 824 et seq.) (as amended by subsection
(a)) and that are in effect as of the date of enactment of this Act.
SEC. 6. FILING AND FULL DISCLOSURE OF TVA DOCUMENTS.
Part III of the Federal Power Act (16 U.S.C. 825 et seq.) is
amended--
(1) by redesignating sections 319 through 321 as sections
320 through 322, respectively; and
(2) by inserting after section 318 the following:
``SEC. 319. FILING AND FULL DISCLOSURE OF TVA DOCUMENTS.
``(a) In General.--The Tennessee Valley Authority shall file and
disclose the same documents and other information that other public
utilities are required to file under this Act, as the Commission shall
require by regulation.
``(b) Regulation.--
``(1) Timing.--The regulation under subsection (a) shall be
promulgated not later than 1 year after the date of enactment
of this section.
``(2) Considerations.--In promulgating the regulation under
subsection (a), the Commission shall take into consideration
the practices of the Commission with respect to public
utilities other than the Tennessee Valley Authority.''.
SEC. 7. APPLICABILITY OF THE ANTITRUST LAWS.
The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.)
is amended by inserting after section 16 the following:
``SEC. 17. APPLICABILITY OF THE ANTITRUST LAWS.
``(a) Definition of Antitrust Laws.--In this section, the term
`antitrust laws' means--
``(1) an antitrust law (within the meaning of section (1)
of the Clayton Act (15 U.S.C. 12));
``(2) the Act of June 19, 1936 (commonly known as the
`Robinson Patman Act') (49 Stat. 1526, chapter 323; 15 U.S.C.
13 et seq.); and
``(3) section 5 of the Federal Trade Commission Act (15
U.S.C. 45), to the extent that the section relates to unfair
methods of competition.
``(b) Applicability.--Nothing in this Act modifies, impairs, or
supersedes the antitrust laws.
``(c) Antitrust Laws.--
``(1) TVA deemed a person.--The Tennessee Valley Authority
shall be deemed to be a person, and not government, for
purposes of the antitrust laws.
``(2) Applicability.--Notwithstanding any other provision
of law, the antitrust laws (including the availability of any
remedy for a violation of an antitrust law) shall apply to the
Tennessee Valley Authority notwithstanding any determination
that the Tennessee Valley Authority is a corporate agency or
instrumentality of the United States or is otherwise engaged in
governmental functions.''.
SEC. 8. SAVINGS PROVISION.
(a) Definition of TVA Distributor.--In this section, the term ``TVA
distributor'' means a cooperative organization or publicly owned
electric power system that, on January 2, 1998, purchased electric
power at wholesale from the Tennessee Valley Authority under an all-
requirements power contract.
(b) Effect of Act.--Nothing in this Act or any amendment made by
this Act--
(1) subjects any TVA distributor to regulation by the
Federal Energy Regulatory Commission; or
(2) abrogates or affects any law in effect on the date of
enactment of this Act that applies to a TVA distributor.
SEC. 9. PROVISION OF CONSTRUCTION EQUIPMENT, CONTRACTING, AND
ENGINEERING SERVICES.
Section 4 of the Tennessee Valley Authority Act of 1933 (16 U.S.C.
831c) is amended by adding at the end the following:
``(m) Provision of Construction Equipment, Contracting, and
Engineering Services.--
``(1) In general.--Notwithstanding any other provision of
this Act, except as provided in this subsection, the
Corporation shall not have power to--
``(A) rent or sell construction equipment;
``(B) provide a construction equipment maintenance
or repair service;
``(C) perform contract construction work; or
``(D) provide a construction engineering service;
to any private or public entity.
``(2) Electrical contractors.--The Corporation may provide
equipment or a service described in subparagraph (1) to a
private contractor that is engaged in electrical utility work
on an electrical utility project of the Corporation.
``(3) Customers, distributors, and governmental entities.--
The Corporation may provide equipment or a service described in
subparagraph (1) to--
``(A) a power customer served directly by the
Corporation;
``(B) a distributor of Corporation power; or
``(C) a Federal, State, or local government entity;
that is engaged in work specifically related to an electrical
utility project of the Corporation.
``(4) Used construction equipment.--
``(A) Definition of used construction equipment.--
In this paragraph, the term `used construction
equipment' means construction equipment that has been
in service for more than 2,500 hours.
``(B) Disposition.--The Corporation may dispose of
used construction equipment by means of a public
auction conducted by a private entity that is
independent of the Corporation.
``(C) Debt reduction.--The Corporation shall apply
all proceeds of a disposition of used construction
equipment under subparagraph (B) to the reduction of
debt of the Corporation.''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Federal Energy
Regulatory Commission such sums as are necessary to carry out this Act
and the amendments made by this Act. | Exempts TVA facilities from the requirement of prior FERC approval for any disposition of property if proper disclosure has been made, and all disposition proceeds are applied towards TVA debt reduction.
Prohibits FERC from permitting TVA to impose any rate or charge, or any rule or regulation pertaining to a rate or charge, for costs incurred in the conduct of TVA activities or operations outside the United States. Deems any such rate, charge, rule, or regulation to be unjust, unreasonable, and unlawful. Mandates an annual TVA report to FERC detailing its activities outside the United States.
Prohibits TVA electric power sales to a retail customer within a distributor service area assigned by law, unless: (1) the customer was purchasing electric power directly from TVA on the date of enactment of this Act; (2) the distributor purchases firm power from TVA that is no more than 50 percent of its total retail sales; or (3) the distributor agrees that TVA may sell power to the customer. Subjects TVA retail electric power sales to applicable State law.
Makes a FERC certificate of public convenience and necessity, according to prescribed criteria, a prerequisite for TVA construction, acquisition, or sales of electric generation capacity.
Prescribes procedural guidelines under which FERC shall commence a hearing on the record to determine the value of TVA property. Authorizes FERC to issue an order awarding recovery for TVA stranded costs.
Subjects TVA to the same filing and disclosure requirements as pertain to other public utilities.
Amends the Tennessee Valley Authority Act of 1933 to subject TVA to the antitrust laws.
Denies TVA any power to rent, sell, or otherwise provide construction equipment or services to, or perform contract construction work for, any public or private entity, except for certain electrical contractors, customers, distributors, and governmental entities engaged in electrical utility work on a TVA electrical utility project.
Authorizes appropriations. | TVA Customer Protection Act of 1999 |
258 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Burt Lake Band of Ottawa and
Chippewa Indians Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Burt Lake Band of Ottawa and Chippewa Indians are
descendants and political successors to the signatories of the
1836 Treaty of Washington and the 1855 Treaty of Detroit.
(2) The Grand Traverse Band of Ottawa and Chippewa Indians,
the Sault Ste. Marie Tribe of Chippewa Indians, and the Bay
Mills Band of Chippewa Indians, whose members are also
descendants of the signatories to the 1836 Treaty of Washington
and the 1855 Treaty of Detroit, have been recognized by the
Federal Government as distinct Indian tribes.
(3) The Burt Lake Band of Ottawa and Chippewa Indians
consists of over 600 eligible members who continue to reside
close to their ancestral homeland as recognized in the
Cheboygan Reservation in the 1836 Treaty of Washington and 1855
Treaty of Detroit, which area is now known as Cheboygan County,
Michigan.
(4) The Band continues its political and social existence
with a viable tribal government. The Band, along with other
Michigan Odawa/Ottawa groups, including the tribes described in
paragraph (2), formed the Northern Michigan Ottawa Association
in 1948. The Association subsequently pursued a successful land
claim with the Indian Claims Commission.
(5) Between 1948 and 1975, the Band carried out many of
their governmental functions through the Northern Michigan
Ottawa Association, while retaining individual Band control
over local decisions.
(6) In 1975, the Northern Michigan Ottawa Association
petitioned under the Act of June 18, 1934 (25 U.S.C. 461 et
seq.; commonly referred to as the ``Indian Reorganization
Act''), to form a government on behalf of the Band. Again, in
spite of the Band's eligibility, the Bureau of Indian Affairs
failed to act.
(7) The United States Government, the government of the
State of Michigan, and local governments have had continuous
dealings with the recognized political leaders of the Band from
1836 to the present.
SEC. 3. DEFINITIONS.
For purposes of this Act the following definitions apply:
(1) Band.--The term ``Band'' means the Burt Lake Band of
Ottawa and Chippewa Indians.
(2) Member.--The term ``member'' means those individuals
enrolled in the Band pursuant to section 7.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. FEDERAL RECOGNITION.
(a) Federal Recognition.--Federal recognition of the Burt Lake Band
of Ottawa and Chippewa Indians is hereby reaffirmed. All laws and
regulations of the United States of general application to Indians or
nations, tribes, or bands of Indians, including the Act of June 18,
1934 (25 U.S.C. 461 et seq., commonly referred to as the ``Indian
Reorganization Act''), which are inconsistent with any specific
provision of this Act shall not be applicable to the Band and its
members.
(b) Federal Services and Benefits.--
(1) In general.--The Band and its members shall be eligible
for all services and benefits provided by the Federal
Government to Indians because of their status as federally
recognized Indians, and notwithstanding any other provision of
law, such services and benefits shall be provided after the
date of the enactment of this Act to the Band and its members
without regard to the existence of a reservation or the
location of the residence of any member on or near any Indian
reservation.
(2) Service areas.--For purposes of the delivery of Federal
services to the enrolled members of the Band, the area of the
State of Michigan within 70 miles of the boundaries of the
reservation for the Burt Lake Band as set out in article I,
paragraph ``seventh'' of the Treaty of 1855 (11 Stat. 621),
shall be deemed to be within or near a reservation,
notwithstanding the establishment of a reservation for the
tribe after the date of the enactment of this Act. Services may
be provided to members outside the named service area unless
prohibited by law or regulation.
SEC. 5. REAFFIRMATION OF RIGHTS.
(a) In General.--All rights and privileges of the Band and its
members, which may have been abrogated or diminished before the date of
the enactment of this Act are hereby reaffirmed.
(b) Existing Rights of Tribe.--Nothing in this Act shall be
construed to diminish any right or privilege of the Band or of its
members that existed before the date of the enactment of this Act.
Except as otherwise specifically provided in any other provision of
this Act, nothing in this Act shall be construed as altering or
affecting any legal or equitable claim the Band may have to enforce any
right or privilege reserved by or granted to the Band which was
wrongfully denied to or taken from the Band before the enactment of
this Act.
SEC. 6. TRIBAL LANDS.
The Band's tribal lands shall consist of all real property, now or
hereafter held by, or in trust for, the Band. The Secretary shall
acquire real property for the Band. Any such property shall be taken by
the Secretary in the name of the United States in trust for the benefit
of the Band and shall become part of the Band's reservation.
SEC. 7. MEMBERSHIP.
Not later than 18 months after the date of the enactment of this
Act, the Band shall submit to the Secretary a membership roll
consisting of all individuals currently enrolled for membership in the
Band. The qualifications for inclusion on the membership roll of the
Band shall be determined by the membership clauses in the Band's
governing document, in consultation with the Secretary. Upon completion
of the roll, the Secretary shall immediately publish notice of such in
the Federal Register. The Band shall ensure that such roll is
maintained and kept current.
SEC. 8. CONSTITUTION AND GOVERNING BODY.
(a) Constitution.--
(1) Adoption.--Not later than 24 months after the date of
the enactment of this Act, the Secretary shall conduct by
secret ballot elections for the purpose of adopting a new
constitution for the Band. The elections shall be held
according to the procedures applicable to elections under
section 16 of the Act of June 18, 1934 (25 U.S.C. 476; commonly
referred to as the ``Indian Reorganization Act'').
(2) Interim governing documents.--Until such time as a new
constitution is adopted under paragraph (1), the governing
documents in effect on the date of the enactment of this Act
shall be the interim governing documents for the Band.
(b) Officials.--
(1) Elections.--Not later than 6 months after the Band
adopts their constitution and bylaws pursuant to subsection
(a), the Band shall conduct elections by secret ballot for the
purpose of electing officials for the Band as provided in the
Band's governing constitution. The elections shall be conducted
according to the procedures described in the Band's
constitution and bylaws.
(2) Interim governments.--Until such time as the Band
elects new officials pursuant to paragraph (1), the Band's
governing bodies shall be those bodies in place on the date of
the enactment of this Act, or any new governing bodies selected
under the election procedures specified in the respective
interim governing documents of the Band. | Burt Lake Band of Ottawa and Chippewa Indians Act - Reaffirms Federal recognition and the rights and privileges of the Burt Lake Band of Ottawa and Chippewa Indians (in the State of Michigan). Entitles such Band to the Federal services and benefits provided to recognized Indians. Provides for lands to be acquired and held in trust for the Band by the Secretary of the Interior. | To reaffirm and clarify the Federal relationship of the Burt Lake Band as a distinct federally recognized Indian Tribe, and for other purposes. |
259 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stroke Treatment and Ongoing
Prevention Act''.
SEC. 2. AMENDMENTS TO PUBLIC HEALTH SERVICE ACT REGARDING STROKE
PROGRAMS.
(a) Stroke Education and Information Programs.--Title III of the
Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding
at the end the following:
``PART R--STROKE EDUCATION, INFORMATION, AND DATA COLLECTION PROGRAMS
``SEC. 399AA. STROKE PREVENTION AND EDUCATION CAMPAIGN.
``(a) In General.--The Secretary shall carry out an education and
information campaign to promote stroke prevention and increase the
number of stroke patients who seek immediate treatment.
``(b) Authorized Activities.--In implementing the education and
information campaign under subsection (a), the Secretary may--
``(1) make public service announcements about the warning
signs of stroke and the importance of treating stroke as a
medical emergency;
``(2) provide education regarding ways to prevent stroke
and the effectiveness of stroke treatment; and
``(3) carry out other activities that the Secretary
determines will promote prevention practices among the general
public and increase the number of stroke patients who seek
immediate care.
``(c) Measurements.--In implementing the education and information
campaign under subsection (a), the Secretary shall--
``(1) measure public awareness before the start of the
campaign to provide baseline data that will be used to evaluate
the effectiveness of the public awareness efforts;
``(2) establish quantitative benchmarks to measure the
impact of the campaign over time; and
``(3) measure the impact of the campaign not less than once
every 2 years or, if determined appropriate by the Secretary,
at shorter intervals.
``(d) No Duplication of Effort.--In carrying out this section, the
Secretary shall avoid duplicating existing stroke education efforts by
other Federal Government agencies.
``(e) Consultation.--In carrying out this section, the Secretary
may consult with organizations and individuals with expertise in stroke
prevention, diagnosis, treatment, and rehabilitation.
``SEC. 399BB. PAUL COVERDELL NATIONAL ACUTE STROKE REGISTRY AND
CLEARINGHOUSE.
``The Secretary, acting through the Centers for Disease Control and
Prevention, shall maintain the Paul Coverdell National Acute Stroke
Registry and Clearinghouse by--
``(1) continuing to develop and collect specific data
points and appropriate benchmarks for analyzing care of acute
stroke patients;
``(2) collecting, compiling, and disseminating information
on the achievements of, and problems experienced by, State and
local agencies and private entities in developing and
implementing emergency medical systems and hospital-based
quality of care interventions; and
``(3) carrying out any other activities the Secretary
determines to be useful to maintain the Paul Coverdell National
Acute Stroke Registry and Clearinghouse to reflect the latest
advances in all forms of stroke care.
``SEC. 399CC. STROKE DEFINITION.
``For purposes of this part, the term `stroke' means a `brain
attack' in which blood flow to the brain is interrupted or in which a
blood vessel or aneurysm in the brain breaks or ruptures.
``SEC. 399DD. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this part
$5,000,000 for each of fiscal years 2005 through 2009.''.
(b) Emergency Medical Professional Development.--Section 1251 of
the Public Health Service Act (42 U.S.C. 300d-51) is amended to read as
follows:
``SEC. 1251. MEDICAL PROFESSIONAL DEVELOPMENT IN ADVANCED STROKE AND
TRAUMATIC INJURY TREATMENT AND PREVENTION.
``(a) Residency and Other Professional Training.--The Secretary may
make grants to public and nonprofit entities for the purpose of
planning, developing, and enhancing approved residency training
programs and other professional training for appropriate health
professions in emergency medicine, including emergency medical services
professionals, to improve stroke and traumatic injury prevention,
diagnosis, treatment, and rehabilitation.
``(b) Continuing Education on Stroke and Traumatic Injury.--
``(1) Grants.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration, may make grants to qualified entities for the
development and implementation of education programs for
appropriate health care professionals in the use of newly
developed diagnostic approaches, technologies, and therapies
for health professionals involved in the prevention, diagnosis,
treatment, and rehabilitation of stroke or traumatic injury.
``(2) Distribution of grants.--In awarding grants under
this subsection, the Secretary shall give preference to
qualified entities that will train health care professionals
that serve areas with a significant incidence of stroke or
traumatic injuries.
``(3) Application.--A qualified entity desiring a grant
under this subsection shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including a plan for
the rigorous evaluation of activities carried out with amounts
received under the grant.
``(4) Definitions.--For purposes of this subsection:
``(A) The term `qualified entity' means a
consortium of public and private entities, such as
universities, academic medical centers, hospitals, and
emergency medical systems that are coordinating
education activities among providers serving in a
variety of medical settings.
``(B) The term `stroke' means a `brain attack' in
which blood flow to the brain is interrupted or in
which a blood vessel or aneurysm in the brain breaks or
ruptures.
``(c) Report.--Not later than 1 year after the allocation of grants
under this section, the Secretary shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report on the
results of activities carried out with amounts received under this
section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $4,000,000 for each of fiscal
years 2005 through 2009. The Secretary shall equitably allocate the
funds authorized to be appropriated under this section between efforts
to address stroke and efforts to address traumatic injury.''.
SEC. 3. PILOT PROJECT ON TELEHEALTH STROKE TREATMENT.
(a) Establishment.--Part D of title III of the Public Health
Service Act (42 U.S.C. 254b et seq.) is amended by inserting after
section 330L the following:
``SEC. 330M. TELEHEALTH STROKE TREATMENT GRANT PROGRAM.
``(a) Grants.--The Secretary may make grants to States, and to
consortia of public and private entities located in any State that is
not a grantee under this section, to conduct a 5-year pilot project
over the period of fiscal years 2005 through 2009 to improve stroke
patient outcomes by coordinating health care delivery through
telehealth networks.
``(b) Administration.--The Secretary shall administer this section
through the Director of the Office for the Advancement of Telehealth.
``(c) Consultation.--In carrying out this section, for the purpose
of better coordinating program activities, the Secretary shall consult
with--
``(1) officials responsible for other Federal programs
involving stroke research and care, including such programs
established by the Stroke Treatment and Ongoing Prevention Act;
and
``(2) organizations and individuals with expertise in
stroke prevention, diagnosis, treatment, and rehabilitation.
``(d) Use of Funds.--
``(1) In general.--The Secretary may not make a grant to a
State or a consortium under this section unless the State or
consortium agrees to use the grant for the purpose of--
``(A) identifying entities with expertise in the
delivery of high-quality stroke prevention, diagnosis,
treatment, and rehabilitation;
``(B) working with those entities to establish or
improve telehealth networks to provide stroke treatment
assistance and resources to health care professionals,
hospitals, and other individuals and entities that
serve stroke patients;
``(C) informing emergency medical systems of the
location of entities identified under subparagraph (A)
to facilitate the appropriate transport of individuals
with stroke symptoms;
``(D) establishing networks to coordinate
collaborative activities for stroke prevention,
diagnosis, treatment, and rehabilitation;
``(E) improving access to high-quality stroke care,
especially for populations with a shortage of stroke
care specialists and populations with a high incidence
of stroke; and
``(F) conducting ongoing performance and quality
evaluations to identify collaborative activities that
improve clinical outcomes for stroke patients.
``(2) Establishment of consortium.--The Secretary may not
make a grant to a State under this section unless the State
agrees to establish a consortium of public and private
entities, including universities and academic medical centers,
to carry out the activities described in paragraph (1).
``(3) Prohibition.--The Secretary may not make a grant
under this section to a State that has an existing telehealth
network that is or may be used for improving stroke prevention,
diagnosis, treatment, and rehabilitation, or to a consortium
located in such a State, unless the State or consortium agrees
that--
``(A) the State or consortium will use an existing
telehealth network to achieve the purpose of the grant;
and
``(B) the State or consortium will not establish a
separate network for such purpose.
``(e) Priority.--In selecting grant recipients under this section,
the Secretary shall give priority to any applicant that submits a plan
demonstrating how the applicant, and where applicable the members of
the consortium described in subsection (d)(2), will use the grant to
improve access to high-quality stroke care for populations with
shortages of stroke-care specialists and populations with a high
incidence of stroke.
``(f) Grant Period.--The Secretary may not award a grant to a State
or a consortium under this section for any period that--
``(1) is greater than 3 years; or
``(2) extends beyond the end of fiscal year 2009.
``(g) Restriction on Number of Grants.--In carrying out the 5-year
pilot project under this section, the Secretary may not award more than
7 grants.
``(h) Application.--To seek a grant under this section, a State or
a consortium of public and private entities shall submit an application
to the Secretary in such form, in such manner, and containing such
information as the Secretary may require. At a minimum, the Secretary
shall require each such application to outline how the State or
consortium will establish baseline measures and benchmarks to evaluate
program outcomes.
``(i) Definition.--In this section, the term `stroke' means a
`brain attack' in which blood flow to the brain is interrupted or in
which a blood vessel or aneurysm in the brain breaks or ruptures.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for fiscal year
2005, $13,000,000 for fiscal year 2006, $15,000,000 for fiscal year
2007, $8,000,000 for fiscal year 2008, and $4,000,000 for fiscal year
2009.''.
(b) Study; Reports.--
(1) Final report.--Not later than March 31, 2010, the
Secretary of Health and Human Services shall conduct a study of
the results of the telehealth stroke treatment grant program
under section 330M of the Public Health Service Act (added by
subsection (a)) and submit to the Congress a report on such
results that includes the following:
(A) An evaluation of the grant program outcomes,
including quantitative analysis of baseline and
benchmark measures.
(B) Recommendations on how to promote stroke
networks in ways that improve access to clinical care
in rural and urban areas and reduce the incidence of
stroke and the debilitating and costly complications
resulting from stroke.
(C) Recommendations on whether similar telehealth
grant programs could be used to improve patient
outcomes in other public health areas.
(2) Interim reports.--The Secretary of Health and Human
Services may provide interim reports to the Congress on the
telehealth stroke treatment grant program under section 330M of
the Public Health Service Act (added by subsection (a)) at such
intervals as the Secretary determines to be appropriate.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to authorize the Secretary
of Health and Human Services to establish Federal standards for the
treatment of patients or the licensure of health care professionals.
Passed the House of Representatives June 14, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Stroke Treatment and Ongoing Prevention Act - (Sec. 2) Amends the Public Health Service Act to direct the Secretary of Health and Human Services to carry out an education and information campaign to promote stroke prevention and to increase the number of stroke patients who seek immediate treatment. Allows the Secretary to: (1) make public service announcements about the warning signs of stroke and the importance of treating stroke as a medical emergency; (2) provide education regarding ways to prevent stroke and the effectiveness of stroke treatment; and (3) consult with organizations and individuals with expertise in stroke prevention, diagnosis, treatment, and rehabilitation (treatment). Requires the Secretary to evaluate the campaign and measure its impact every two years.
Requires the Secretary, acting through the Centers for Disease Control (CDC), to maintain the Paul Coverdell National Acute Stroke Registry and Clearinghouse by: (1) collecting specific data points and benchmarks for stroke care analysis; (2) compiling and disseminating information on State, local, and private care system achievements and problems; and (3) carrying out activities to reflect the latest advances in all forms of stroke care.
Includes developing and enhancing training for health professions to improve stroke and traumatic injury prevention, diagnosis, and treatment within the the purposes of the grant program for emergency medicine residency training.
Authorizes the Secretary, through the Administrator of the Health Resources and Services Administration, to make grants to qualified entities for health care professionals education programs in the use of diagnostic approaches, technologies, and therapies for stroke and traumatic injury treatment. Gives preference to areas with a significant incidence of stroke or traumatic injuries. Requires qualified entities to include with a grant application a plan for the rigorous evaluation of activities carried out. Sets forth reporting requirements. Authorizes appropriations for FY 2005 through 2009.
(Sec. 3) Authorizes the Secretary, through the Director of the Office for the Advancement of Telehealth, to make up to seven grants to States and to consortia of public and private entities in any non-grantee State to conduct a five-year pilot project to improve patient outcomes by coordinating health care through telehealth networks. Requires the Secretary to consult with officials responsible for other Federal programs involving stroke research and care and with organizations and individuals with expertise in stroke treatment.
Requires States to use the grants to: (1) identify entities with expertise in the delivery of high-quality stroke treatment; (2) work with those entities to establish or improve telehealth networks to provide stroke treatment assistance and resources; (3) inform emergency medical systems of the location of entities to facilitate the transport of individuals with stroke symptoms; (4) establish networks to coordinate collaborative activities for stroke treatment; (5) improve access to high-quality stroke care, especially for populations with a shortage of stroke care specialists or with a high incidence of stroke; and (6) conduct performance and quality evaluations to identify activities that improve clinical outcomes for stroke patients. Requires States to establish a consortium of public and private entities, including universities and academic medical centers, to carry out these activities. Prohibits the Secretary from making a grant to a State, or a consortium within a State, with an existing telehealth network for improving stroke treatment unless the State or consortium agrees to use the existing telehealth network to achieve the purpose of the grant. Gives priority to any applicant that submits a plan demonstrating how the applicant will use the grant to improve access to high-quality stroke care for target populations.
Limits the award of grants to periods of three years, or periods that do not extend beyond FY 2009. Requires an application to outline how the State or consortium will establish baseline measures and benchmarks to evaluate program outcomes. Authorizes appropriations for FY 2005 through 2009. Requires a report that includes: (1) an evaluation of the grant program outcomes; (2) recommendations on how to promote stroke networks in ways that improve access to clinical care in rural and urban areas and reduce the incidence of stroke and resulting complications; (3) recommendations on whether similar telehealth grant programs could be used to improve patient outcomes in other public health areas. | To amend the Public Health Service Act to strengthen education, prevention, and treatment programs relating to stroke, and for other purposes. |
260 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Export Promotion Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Exporting goods and services is a critical part of the
United States economy. A recent study by the International
Trade Administration recently found that 11.6 million jobs
across the country are directly supported by exports.
(2) Though United States exports have increased by one-
third since 2010 and contributed to roughly one-third of all
domestic economic growth, increases in exports have failed to
meet lofty goals established by the Administration.
(3) An important part of helping small- and mid-size
businesses begin to export or to access new markets is export
assistance provided by the Federal Government.
(4) Numerous resources for companies exist at Federal
agencies, including in the Department of Commerce, the
Department of Agriculture, the Small Business Administration,
the Department of State, the Export-Import Bank of the United
States, the Overseas Private Investment Corporation, and
others.
(5) These Federal agencies offer programs to provide
technical and cultural assistance, low-cost financing, and the
development of future export markets overseas.
(6) While these Federal agencies and the programs they
operate provide important assistance to United States
companies, there is significant overlap among agencies that
fails to maximize Federal resources and creates confusion for
businesses seeking to navigate the bureaucracy.
(7) This confusion leads to less effective export
promotion, wasted government resources, and an inability to
track the success of Federal efforts.
(8) Specifically, the U.S. Government Accountability Office
has found that enhanced collaboration among these efforts could
improve Federal agency efforts, reduce overlap, and ease
confusion for small businesses.
(9) Intra-agency efforts have fallen short in providing
greater cohesion and communication among Federal export
programs.
(10) The U.S. Government Accountability Office found
significant shortcomings at the Trade Promotion Coordination
Committee, including a lack of information about total export
promotion resources, ineffectiveness in tracking data and
outcomes, and a failure to coordinate export promotion
resources with governmentwide policies.
(11) Given the shortcoming of Federal export assistance,
significant change is necessary to ensure the United States
maintains its global economic competitiveness while small
businesses can grow their businesses and create more jobs.
(12) By consolidating the functions of multiple Federal
agencies, including the International Trade Administration, the
Office of International Trade of the Small Business
Administration, the Trade and Development Agency, the Export
Credit Guarantee Program and Facilities Guarantee Program of
the Department of Agriculture, and the Bureau of Economic and
Business Affairs of the Department of State, into the new
Export Promotion Agency in the Department of Commerce, small-
and mid-size businesses will be able to utilize a one-stop-shop
for export assistance.
(13) These reforms will reduce waste and overlap to
maximize Federal resources, improve businesses' access to
information and assistance by cutting bureaucracy, and allow
the Department of Commerce to better track and report to
Congress on the effectiveness of its export programs.
(14) Additionally, including the Trade and Development
Agency and the Bureau of Economic and Business Affairs of the
Department of State as part of the new agency will strengthen
their coordination with traditional export assistance to ensure
that United States companies are able to take advantage of new
emerging markets overseas.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agency.--The term ``Agency'' means the Export Promotion
Agency established under section 4(a).
(2) Functions.--The term ``functions'' includes
authorities, powers, rights, privileges, immunities, programs,
projects, activities, duties, and responsibilities.
(3) Personnel.--The term ``personnel'' means officers and
employees.
(4) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Export Promotion appointed
under section 4(b).
SEC. 4. ESTABLISHMENT OF EXPORT PROMOTION AGENCY.
(a) In General.--There is established in the Department of Commerce
an agency to be known as the ``Export Promotion Agency''.
(b) Under Secretary.--The head of the Agency shall be the Under
Secretary of Commerce for Export Promotion, who shall be appointed by
the President, by and with the advice and consent of the Senate.
(c) Transfers of Functions.--In accordance with section 7 (relating
to transition provisions), there are transferred to the Agency the
functions of each of the following:
(1) The International Trade Administration.
(2) The Office of International Trade of the Small Business
Administration.
(3) The Trade and Development Agency.
(4) The Export Credit Guarantee Program and the Facilities
Guarantee Program of the Department of Agriculture.
(5) The Bureau of Economic and Business Affairs of the
Department of State.
(d) Chairperson of TPCC.--Section 2312(d)(3) of the Export
Enhancement Act of 1992 (15 U.S.C. 4727(d)(3)) is amended by inserting
``, acting through the Under Secretary of Commerce for Export
Promotion,'' after ``Secretary of Commerce''.
(e) Compensation.--Section 5314 of title 5, United States Code, is
amended by striking ``and Under Secretary of Commerce for Travel and
Tourism'' and inserting ``Under Secretary of Commerce for Travel and
Tourism, and Under Secretary of Commerce for Export Promotion''.
SEC. 5. ORGANIZATIONAL STRUCTURE AND PERFORMANCE METRICS.
(a) In General.--The Under Secretary shall develop the following:
(1) An organizational structure for the Agency that
consolidates programs and eliminates duplicative programs,
where appropriate.
(2) Metrics designed to measure performance on an annual
basis with respect to the following:
(A) The total exports from the United States,
including exports assisted by the Agency.
(B) The number of United States business concerns,
including small- and medium-sized business concerns,
exporting, including exports assisted by the Agency.
(C) The number and presence of United States
business concerns in key foreign markets.
(b) Report.--Not later than 12 months after the date on which the
first Under Secretary takes office, the Under Secretary shall submit to
Congress a report that contains matters required under subsection (a).
SEC. 6. ANNUAL REPORTS TO CONGRESS.
The Under Secretary shall submit to Congress an annual report on
the operations of the Agency, including the following:
(1) The effectiveness of its organizational structure and
any changes made to that structure developed under section
5(a)(1).
(2) The data the Agency has received from applying the
metrics developed under section 5(a)(2).
SEC. 7. TRANSITION PROVISIONS.
(a) Acting Officials.--
(1) In general.--During the transition period, pending the
advice and consent of the Senate to the appointment of an
officer required by this Act to be appointed by and with such
advice and consent, the President may designate any officer
whose appointment was required to be made by and with such
advice and consent and who was such an officer immediately
before the effective date of this Act (and who continues in
office) or immediately before such designation, to act in such
office until the same is filled as provided in this Act. While
so acting, such officers shall receive compensation at the
higher of--
(A) the rates provided by this Act for the
respective offices in which they act; or
(B) the rates provided for the offices held at the
time of designation.
(2) Rule of construction.--Nothing in this Act shall be
understood to require the advice and consent of the Senate to
the appointment by the President to a position in the Agency of
any officer whose entity or program the functions of which are
transferred to the Agency under section 4(c) and whose duties
following such transfer are germane to those performed before
such transfer.
(b) Transfer of Personnel, Assets, Obligations, and Functions.--
(1) In general.--Upon transfer of the functions of an
entity or program to the Agency under section 4(c)--
(A) the personnel, assets, and obligations held by
or available in connection with such functions shall be
transferred to the Under Secretary for appropriate
allocation, subject to the approval of the Director of
the Office of Management and Budget and in accordance
with the provisions of section 1531(a)(2) of title 31,
United States Code; and
(B) the Under Secretary shall have all functions
relating to the entity or program that any other
official could by law exercise in relation to the
entity or program immediately before such transfer, and
shall have in addition all functions vested in the
Under Secretary by this Act or other law.
(2) Incidental transfers.--
(A) Authorization of director of office of
management and budget; termination of affairs.--The
Director of the Office of Management and Budget, at
such time or times as the Director shall provide, is
authorized and directed to make such determinations as
may be necessary with regard to the functions, entities
or programs, or portions thereof transferred by this
Act, and to make such additional incidental
dispositions of personnel, assets, liabilities, grants,
contracts, property, records, and unexpended balances
of appropriations, authorizations, allocations, and
other funds held, used, arising from, available to, or
to be made available in connection with such functions,
entities or programs, or portions thereof, as may be
necessary to carry out the provisions of this Act. The
Director shall provide for the termination of the
affairs of all entities and programs terminated by this
Act and for such further measures and dispositions as
may be necessary to effectuate the purposes of this
Act.
(B) Transfer of positions within senior executive
service.--After consultation with the Director of the
Office of Personnel Management, the Director of the
Office of Management and Budget is authorized, at such
time as the Director of the Office of Management and
Budget provides, to make such determinations as may be
necessary with regard to the transfer of positions
within the Senior Executive Service in connection with
functions and entities and programs transferred by this
Act.
(c) Savings Provisions.--
(1) Completed administrative actions.--
(A) In general.--Completed administrative actions
of an entity or program shall not be affected by the
enactment of this Act or the transfer of the functions
of such entity or program to the Agency under section
4(c), but shall continue in effect according to their
terms until amended, modified, superseded, terminated,
set aside, or revoked in accordance with law by an
officer of the United States or a court of competent
jurisdiction, or by operation of law.
(B) Definition.--For purposes of subparagraph (A),
the term ``completed administrative action'' includes
orders, determinations, rules, regulations, personnel
actions, permits, agreements, grants, contracts,
certificates, licenses, registrations, and privileges.
(2) Pending civil actions.--Subject to the authority of the
Under Secretary under this Act, pending civil actions shall
continue notwithstanding the enactment of this Act or the
transfer of the functions of an entity or program to the Agency
under section 4(c), and in such civil actions, proceedings
shall be had, appeals taken, and judgments rendered and
enforced in the same manner and with the same effect as if such
enactment or transfer had not occurred.
(3) Proceeding not affected.--
(A) In general.--The provisions of this Act shall
not affect any proceedings, including notices of
proposed rulemaking, or any application for any
license, permit, certificate, or financial assistance
pending on the effective date of this Act before any
entity or program with respect to functions transferred
by this Act, but such proceedings or applications, to
the extent that they relate to functions transferred,
shall be continued. Orders shall be issued in such
proceedings, appeals shall be taken therefrom, and
payments shall be made under such orders, as if this
Act had not been enacted, and orders issued in any such
proceedings shall continue in effect until modified,
terminated, superseded, or revoked by the head of the
Federal agency to which such functions are transferred
by this Act, by a court of competent jurisdiction, or
by operation of law. Nothing in this subparagraph
prohibits the discontinuance or modification of any
such proceeding under the same terms and conditions and
to the same extent that such proceeding could have been
discontinued or modified if this Act had not been
enacted.
(B) Regulations.--The Under Secretary is authorized
to issue regulations providing for the orderly transfer
of proceedings continued under subparagraph (A).
(d) Termination of Entities and Programs.--On the effective date of
this Act, the following entities and program shall terminate:
(1) The International Trade Administration.
(2) The Office of International Trade of the Small Business
Administration.
(3) The Trade Development Agency.
(4) The Export Credit Guarantee Program and the Facilities
Guarantee Program of the Department of Agriculture.
(5) The Bureau of Economic and Business Affairs of the
Department of State.
SEC. 8. REFERENCES.
With respect to any function of an entity or program transferred to
the Agency under section 4(c) to, and exercised on or after the
effective date specified in section 9 by, the Under Secretary, any
reference in any other Federal law, Executive order, rule, regulation,
or delegation of authority, or any document of or pertaining to an
entity or program of government from which such function is
transferred--
(1) to the head of such entity or program is deemed to
refer to the Under Secretary of Commerce for Export Promotion;
or
(2) to such entity or program is deemed to refer to the
Export Promotion Agency.
SEC. 9. EFFECTIVE DATE.
This Act takes effect on the date that is 1 year after the date of
the enactment of this Act. | Export Promotion Act This bill establishes the Export Promotion Agency in the Department of Commerce, to be headed by an Under Secretary of Commerce for Export Promotion. There are transferred to the Agency the functions of each of the following: the International Trade Administration, the Office of International Trade of the Small Business Administration, the Trade and Development Agency, the Export Credit Guarantee Program and the Facilities Guarantee Program of the Department of Agriculture, and the Bureau of Economic and Business Affairs of the Department of State. The Under Secretary shall develop: an organizational structure for the Agency that consolidates programs and eliminates duplicative programs; and metrics to measure performance with respect to the total U.S. exports and number of U.S. businesses exporting (including exports assisted by the Agency), as well as number of businesses present in key foreign markets. | Export Promotion Act |
261 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cheyenne River Sioux Tribe Equitable
Compensation Amendments Act of 2007''.
SEC. 2. FINDINGS.
(a) Findings.--Congress finds that--
(1) the Pick-Sloan Missouri River Basin program, authorized
by section 9 of the Act of December 22, 1944 (commonly known as
the ``Flood Control Act of 1944'') (58 Stat. 891), was intended
to promote the general economic development of the United
States;
(2) the Oahe Dam and Reservoir Project--
(A) is a major component of the Pick-Sloan Missouri
River Basin program; and
(B) contributes to the national economy;
(3) the Oahe Dam and Reservoir Project flooded the fertile
bottom land of the Cheyenne River Sioux Reservation, which
greatly damaged the economy and cultural resources of the
Cheyenne River Sioux Tribe and caused the loss of many homes
and communities of members of the Tribe;
(4) Congress has provided compensation to several Indian
tribes, including the Cheyenne River Sioux Tribe, that border
the Missouri River and suffered injury as a result of 1 or more
of the Pick-Sloan projects;
(5) on determining that the compensation paid to the
Cheyenne River Sioux Tribe was inadequate, Congress enacted the
Cheyenne River Sioux Tribe Equitable Compensation Act (Public
Law 106-511; 114 Stat. 2365), which created the Cheyenne River
Sioux Tribal Recovery Trust Fund; and
(6) that Act did not provide for additional compensation to
members of the Cheyenne River Sioux Tribe that lost land as a
result of the Oahe Dam and Reservoir Project.
(b) Purposes.--The purposes of this Act are--
(1) to provide that the Cheyenne River Sioux Tribal
Recovery Trust Fund may be used to provide compensation to
members of the Cheyenne River Sioux Tribe that lost land as a
result of the Oahe Dam and Reservoir Project; and
(2) to provide for the capitalization of the Cheyenne River
Sioux Tribal Recovery Trust Fund.
SEC. 3. CHEYENNE RIVER SIOUX TRIBE EQUITABLE COMPENSATION.
(a) Findings and Purposes.--Section 102 of the Cheyenne River Sioux
Tribe Equitable Compensation Act (Public Law 106-511; 114 Stat. 2365)
is amended--
(1) in subsection (a)(3), by striking subparagraphs (A) and
(B) and inserting the following:
``(A) the United States did not justly or fairly
compensate the Tribe and member landowners for the Oahe
Dam and Reservation project, under which the United
States acquired 104,492 acres of land of the Tribe and
member landowners; and
``(B) the Tribe and member landowners should be
adequately compensated for that land;''; and
(2) in subsection (b)(1), by inserting ``and member
landowners'' after ``Tribe'' each place it appears.
(b) Definitions.--Section 103 of the Cheyenne River Sioux Tribe
Equitable Compensation Act (Public Law 106-511; 114 Stat. 2365) is
amended--
(1) by redesignating paragraph (1) as paragraph (3) and
moving the paragraph so as to appear after paragraph (2); and
(2) by inserting before paragraph (2) the following:
``(1) Member landowner.--The term `member landowner' means
a member of the Tribe (or an heir of such a member) that owned
land (including land allotted under the Act of February 8, 1887
(24 Stat. 388, chapter 119)) located on the Cheyenne River
Sioux Reservation that was acquired by the United States for
the Oahe Dam and Reservoir Project.''.
(c) Cheyenne River Sioux Tribal Recovery Trust Fund.--Section 104
of the Cheyenne River Sioux Tribe Equitable Compensation Act (Public
Law 106-511; 114 Stat. 2365) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Funding.--On the first day of the fiscal year beginning after
the date of enactment of the Cheyenne River Sioux Tribe Equitable
Compensation Amendments Act of 2007 and on the first day of each of the
following 4 fiscal years (referred to in this section as the
`capitalization dates'), the Secretary of the Treasury shall deposit
into the Fund, from amounts in the general fund of the Treasury--
``(1) $58,144,591.60; and
``(2) an additional amount equal to the amount of interest
that would have accrued if--
``(A) the amount described in paragraph (1) had
been--
``(i) credited to the principal account as
described in subsection (c)(2)(B)(i)(I) on the
first day of the fiscal year beginning October
1, 2001; and
``(ii) invested as described in subsection
(c)(2)(C) during the period beginning on the
date described in clause (i) and ending on the
last day of the fiscal year before the fiscal
year in which that amount is deposited into the
Fund; and
``(B) the interest that would have accrued under
subparagraph (A) during the period described in
subparagraph (A)(ii) had been--
``(i) credited to the interest account
under subsection (c)(2)(B)(ii); and
``(ii) invested during that period in
accordance with subsection (c)(2)(D)(i).'';
(2) by striking subsection (c) and inserting the following:
``(c) Investments.--
``(1) Eligible obligations.--Notwithstanding any other
provision of law, the Secretary of the Treasury shall invest
the Fund only in interest-bearing obligations of the United
States issued directly to the Fund.
``(2) Investment requirements.--
``(A) In general.--The Secretary of the Treasury
shall invest the Fund in accordance with this
paragraph.
``(B) Separate investments of principal and
interest.--
``(i) Principal account.--The amounts
deposited into the Fund under subsection (b)(1)
shall be--
``(I) credited to a principal
account within the Fund (referred to in
this paragraph as the `principal
account'); and
``(II) invested in accordance with
subparagraph (C).
``(ii) Interest account.--
``(I) In general.--The interest
earned from investing amounts in the
principal account shall be--
``(aa) transferred to a
separate interest account
within the Fund (referred to in
this paragraph as the `interest
account'); and
``(bb) invested in
accordance with subparagraph
(D).
``(II) Crediting.--The interest
earned from investing amounts in the
interest account, and the amounts
deposited into the Fund under
subsection (b)(2), shall be credited to
the interest account.
``(C) Investment of principal account.--
``(i) Initial investment.--Amounts in the
principal account shall be initially invested
in eligible obligations with the shortest
available maturity.
``(ii) Subsequent investments.--
``(I) In general.--On the date on
which the amount in the principal
account is divisible into 3
substantially equal portions, each
portion shall be invested in eligible
obligations that are identical (except
for transferability) to the next-issued
publicly-issued Treasury obligations
having a 2-year maturity, a 5-year
maturity, and a 10-year maturity,
respectively.
``(II) Maturity of obligations.--As
each 2-year, 5-year, and 10-year
eligible obligation under subclause (I)
matures, the principal of the maturing
eligible obligation shall be initially
invested in accordance with clause (i)
until the date on which the principal
is reinvested substantially equally in
the eligible obligations that are
identical (except for transferability)
to the next-issued publicly-issued
Treasury obligations having 2-year, 5-
year, and 10-year maturities.
``(iii) Discontinuation of issuance of
obligations.--If the Department of the Treasury
discontinues issuing to the public obligations
having 2-year, 5-year, or 10-year maturities,
the principal of any maturing eligible
obligation shall be reinvested substantially
equally in available eligible obligations that
are identical (except for transferability) to
the next-issued publicly-issued Treasury
obligations with maturities of longer than 1
year.
``(D) Investment of interest account.--
``(i) Before each capitalization date.--For
purposes of subsection (b)(2)(B), amounts
considered as if they were in the interest
account of the Fund shall be invested in
eligible obligations that are identical (except
for transferability) to publicly-issued
Treasury obligations that have maturities that
coincide, to the greatest extent practicable,
with the applicable capitalization date for the
Fund.
``(ii) On and after each capitalization
date.--On and after each capitalization date,
amounts in the interest account shall be
invested and reinvested in eligible obligations
that are identical (except for transferability)
to publicly-issued Treasury obligations that
have maturities that coincide, to the greatest
extent practicable, with the date on which the
amounts will be withdrawn by the Secretary of
the Treasury and transferred to the Secretary
of the Interior for use in accordance with
subsection (d).
``(E) Par purchase price.--
``(i) In general.--To preserve in
perpetuity the amount in the principal account,
the purchase price of an eligible obligation
purchased as an investment of the principal
account shall not exceed the par value of the
obligation.
``(ii) Treatment.--At the maturity of an
eligible obligation described in clause (i),
any discount from par in the purchase price of
the eligible obligation shall be treated as
interest paid at maturity.
``(F) Holding to maturity.--Eligible obligations
purchased pursuant to this paragraph shall be held to
their maturities.
``(3) Annual review of investment activities.--Not less
frequently than once each calendar year, the Secretary of the
Treasury shall review with the Tribe the results of the
investment activities and financial status of the Fund during
the preceding calendar year.
``(4) Modifications.--
``(A) In general.--If the Secretary of the Treasury
determines that investing the Fund in accordance with
paragraph (2) is not practicable or would result in
adverse consequences to the Fund, the Secretary of the
Treasury shall modify the requirements to the least
extent necessary, as determined by the Secretary of the
Treasury.
``(B) Consultation.--Before making a modification
under subparagraph (A), the Secretary of the Treasury
shall consult with the Tribe with respect to the
modification.'';
(3) in subsection (d), by striking paragraph (1) and
inserting the following:
``(1) Withdrawal of interest.--Beginning on the first day
of the fiscal year beginning after the date of enactment of the
Cheyenne River Sioux Tribe Equitable Compensation Amendments
Act of 2007, and on the first day of each fiscal year
thereafter, the Secretary of the Treasury shall withdraw and
transfer all funds in the interest account of the Fund to the
Secretary of the Interior for use in accordance with paragraph
(2), to be available without fiscal year limitation.''; and
(4) in subsection (f)--
(A) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) Member landowners.--
``(A) Additional compensation.--
``(i) In general.--Except as provided in
clause (iii), the plan may provide for the
payment of additional compensation to member
landowners for acquisition of land by the
United States for use in the Oahe Dam and
Reservoir Project.
``(ii) Determination of heirs.--An heir of
a member land owner shall be determined
pursuant to the applicable probate code of the
Tribe.
``(iii) Exception.--During any fiscal year,
payments of additional compensation to a member
landowner under clause (i) shall not--
``(I) be deposited or transferred
into--
``(aa) the Individual
Indian Money account of the
member landowner; or
``(bb) any other fund held
by the United States on behalf
of the member landowner; or
``(II) exceed an amount equal to
44.3 percent of the amount transferred
by the Secretary of the Interior to the
Tribe under paragraph (2).
``(B) Provision of records.--To assist the Tribe in
processing claims of heirs of member landowners for
land acquired by the United States for use in the Oahe
Dam and Reservoir Project, the Secretary of the
Interior shall provide to the Tribe, in accordance with
applicable laws (including regulations), any record
requested by the Tribe to identify the heirs of member
landowners by the date that is 90 days after the date
of receipt of a request from the Tribe.''.
(d) Eligibility of Tribe for Certain Programs and Services.--
Section 105 of the Cheyenne River Sioux Tribe Equitable Compensation
Act (Public Law 106-511; 114 Stat. 2365) is amended in the matter
preceding paragraph (1) by inserting ``or any member landowner'' after
``Tribe''.
(e) Extinguishment of Claims.--Section 107 of the Cheyenne River
Sioux Tribe Equitable Compensation Act (Public Law 106-511; 114 Stat.
2368) is amended to read as follows:
``SEC. 107. EXTINGUISHMENT OF CLAIMS.
``(a) In General.--On the date on which the final payment is
deposited into the Fund under section 104(b), all monetary claims that
the Tribe has or may have against the United States for the taking by
the United States of land and property of the Tribe for the Oahe Dam
and Reservoir Project of the Pick-Sloan Missouri River Basin program
shall be extinguished.
``(b) Effect of Acceptance of Payment.--On acceptance by a member
landowner or an heir of a member landowner of any payment by the Tribe
for damages resulting from the taking by the United States of land or
property of the Tribe for the Oahe Dam and Reservoir Project of the
Pick-Sloan Missouri River Basin program, all monetary claims that the
member landowner or heir has or may have against the United States for
the taking shall be extinguished.''.
Passed the House of Representatives May 7, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Cheyenne River Sioux Tribe Equitable Compensation Amendments Act of 2007 - Amends the Cheyenne River Sioux Tribe Equitable Compensation Act to make member landowners eligible for the additional financial compensation provided to the Cheyenne River Sioux Tribe for the acquisition by the federal government of 104,492 acres of land of the Tribe and member landowners for the Oahe Dam and Reservoir project. Defines "member landowner" as a member of the Tribe (or an heir of such a member) that owned land on the Cheyenne River Sioux Reservation that was acquired by the United States for the Oahe Dam and Reservoir Project of the Pick-Sloan Missouri River Basin program. Directs the Secretary of the Treasury to make five annual deposits into the Cheyenne River Sioux Tribal Recovery Trust Fund.
Rewrites requirements concerning the investment of the Trust Fund. Requires the investment of separate principal and interest accounts within such Fund. Instructs the Secretary of the Treasury: (1) to annually review with the Tribe the results of the investment activities and financial status of the Fund; and (2) if investing the Fund pursuant to such requirements is not practicable or would result in adverse consequences, to modify those requirements to the least extent necessary.
Authorizes the plan prepared for the use of payments to the Tribe to provide for payment of additional compensation to member landowners.
Requires the Secretary of the Interior to assist the Tribe in claims processing by providing any record requested to identify the heirs of member landowners within 90 days after receiving a request.
Extinguishes all monetary claims of a member landowner or an heir of a member landowner against the United States for the taking by the United States of land or property of the Tribe for the Oahe Dam and Reservoir Project upon acceptance by such member landowner or heir of any payment by the Tribe for damages resulting from the taking. | To amend the Cheyenne River Sioux Tribe Equitable Compensation Act to provide compensation to members of the Cheyenne River Sioux Tribe for damage resulting from the Oahe Dam and Reservoir Project, and for other purposes. |
262 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cyber-Security Enhancement and
Consumer Data Protection Act of 2006''.
SEC. 2. PERSONAL ELECTRONIC RECORDS.
Section 1030(a)(2) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (B); and
(2) by adding at the end the following:
``(D) a means of identification (as defined in
section 1028(d)) from a protected computer; or
``(E) the capability to gain access to or remotely
control a protected computer.''.
SEC. 3. USE OF FULL INTERSTATE AND FOREIGN COMMERCE POWER FOR CRIMINAL
PENALTIES.
(a) Broadening of Scope.--Section 1030(e)(2)(B) of title 18, United
States Code, is amended by inserting ``or affecting'' after ``which is
used in''.
(b) Elimination of Requirement of an Interstate or Foreign
Communication for Certain Offenses Involving Protected Computers.--
Section 1030(a)(2)(C) of title 18, United States Code, is amended by
striking ``if the conduct involved an interstate or foreign
communication''.
SEC. 4. RICO PREDICATES.
Section 1961(1)(B) of title 18, United States Code, is amended by
inserting ``section 1030 (relating to fraud and related activity in
connection with computers),'' before ``section 1084''.
SEC. 5. CYBER-EXTORTION.
Section 1030(a)(7) of title 18, United States Code, is amended by
inserting ``, or to access without authorization or exceed authorized
access to a protected computer'' after ``cause damage to a protected
computer''.
SEC. 6. CONSPIRACY TO COMMIT CYBER-CRIMES.
Section 1030(b) of title 18, United States Code, is amended by
inserting ``or conspires'' after ``attempts''.
SEC. 7. NOTICE TO LAW ENFORCEMENT.
(a) Criminal Penalty for Failure to Notify Law Enforcement.--
Chapter 47 of title 18, United States Code, is amended by adding at the
end the following:
``Sec. 1039. Concealment of security breaches involving personal
information
``(a) Offense.--Whoever owns or possesses data in electronic form
containing a means of identification (as defined in section 1028),
having knowledge of a major security breach of the system containing
such data maintained by such person, and knowingly fails to provide
notice of such breach to the United States Secret Service or Federal
Bureau of Investigation, with the intent to prevent, obstruct, or
impede a lawful investigation of such breach, shall be fined under this
title, imprisoned not more than 5 years, or both.
``(b) Definitions.--As used in this section--
``(1) Major security breach.--The term `major security
breach' means any security breach--
``(A) whereby means of identification pertaining to
10,000 or more individuals is, or is reasonably
believed to have been acquired, and such acquisition
causes a significant risk of identity theft;
``(B) involving databases owned by the Federal
Government; or
``(C) involving primarily data in electronic form
containing means of identification of Federal
Government employees or contractors involved in
national security matters or law enforcement.
``(2) Significant risk of identity theft.--
``(A) In general.--The term `significant risk of
identity theft' means such risk that a reasonable
person would conclude, after a reasonable opportunity
to investigate, that it is more probable than not that
identity theft has occurred or will occur as a result
of the breach.
``(B) Presumption.--If the data in electronic form
containing a means of identification involved in a
suspected breach has been encrypted, redacted, requires
technology to use or access the data that is not
commercially available, or has otherwise been rendered
unusable, then there shall be a presumption that the
breach has not caused a significant risk of identity
theft. Such presumption may be rebutted by facts
demonstrating that the encryption code has been or is
reasonably likely to be compromised, that the entity
that acquired the data is believed to possess the
technology to access it, or the owner or possessor of
the data is or reasonably should be aware of an unusual
pattern of misuse of the data that indicates fraud or
identity theft.''.
(b) Rulemaking.--Within 180 days after the date of enactment of
this Act, the Attorney General and Secretary of Homeland Security shall
jointly promulgate rules and regulations, after adequate notice and an
opportunity for comment, as are reasonably necessary, governing the
form, content, and timing of the notices required pursuant to section
1039 of title 18, United States Code. Such rules and regulations shall
not require the deployment or use of specific products or technologies,
including any specific computer hardware or software, to protect
against a security breach. Such rules and regulations shall require
that--
(1) such notice be provided to the United States Secret
Service or Federal Bureau of Investigation before any notice of
a breach is made to consumers under State or Federal law, and
within 14 days of discovery of the breach;
(2) if the United States Secret Service or Federal Bureau
of Investigation determines that any notice required to be made
to consumers under State or Federal law would impede or
compromise a criminal investigation or national security, the
United States Secret Service or Federal Bureau of Investigation
shall direct in writing within 7 days that such notice shall be
delayed for 30 days, or until the United States Secret Service
or Federal Bureau of Investigation determines that such notice
will not impede or compromise a criminal investigation or
national security;
(3) the United States Secret Service shall notify the
Federal Bureau of Investigation, if the United States Secret
Service determines that such breach may involve espionage,
foreign counterintelligence, information protected against
unauthorized disclosure for reasons of national defense or
foreign relations, or Restricted Data (as that term is defined
in section 11y of the Atomic Energy Act of 1954 (42 U.S.C.
2014(y))), except for offenses affecting the duties of the
United States Secret Service under section 3056(a) of title 18,
United States Code; and
(4) the United States Secret Service or Federal Bureau of
Investigation notify the Attorney General in each State
affected by the breach, if the United States Secret Service or
Federal Bureau of Investigation declines to pursue a criminal
investigation, or as deemed necessary and appropriate.
(c) Immunity From Lawsuit.--No cause of action shall lie in any
court against any law enforcement entity or any person who notifies law
enforcement of a security breach pursuant to this section for any
penalty, prohibition, or damages relating to the delay of notification
for law enforcement purposes under this Act.
(d) Civil Penalty for Failure to Notify.--Whoever knowingly fails
to give a notice required under section 1039 of title 18, United States
Code, shall be subject to a civil penalty of not more than $50,000 for
each day of such failure, but not more than $1,000,000.
(e) Relation to State Laws.--
(1) In general.--The requirement to notify law enforcement
under this section shall supersede any other notice to law
enforcement required under State law.
(2) Exception for state consumer notice laws.--The notice
required to law enforcement under this section shall be in
addition to any notice to consumers required under State or
Federal law following the discovery of a security breach.
Nothing in this section annuls, alters, affects or exempts any
person from complying with the laws of any State with respect
to notice to consumers of a security breach, except as provided
by subsections (b) and (c).
(f) Duty of Federal Agencies and Departments.--An agency or
department of the Federal Government which would be required to give
notice of a major security breach under section 1039 of title 18,
United States Code, if that agency or department were a person, shall
notify the United States Secret Service or Federal Bureau of
Investigation of the breach in the same time and manner as a person
subject to that section. The rulemaking authority under subsection (b)
shall include the authority to make rules for notice under this
subsection of a major security breach.
(g) Clerical Amendment.--The table of sections at the beginning of
chapter 47 of title 18, United States Code, is amended by adding at the
end the following new item:
``1039. Concealment of security breaches involving personal
information.''.
SEC. 8. PENALTIES FOR SECTION 1030 VIOLATIONS.
Subsection (c) of section 1030 of title 18, United States Code, is
amended to read as follows:
``(c)(1) The punishment for an offense under subsection (a) or (b)
is a fine under this title or imprisonment for not more than 30 years,
or both.
``(2) The court, in imposing sentence for an offense under
subsection (a) or (b), shall, in addition to any other sentence imposed
and irrespective of any provision of State law, order that the person
forfeit to the United States--
``(A) the person's interest in any personal property that
was used or intended to be used to commit or to facilitate the
commission of such violation; and
``(B) any property, real or personal, constituting or
derived from, any proceeds the person obtained, directly or
indirectly, as a result of such violation.''.
SEC. 9. DIRECTIVE TO SENTENCING COMMISSION.
(a) Directive.--Pursuant to its authority under section 994(p) of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission shall forthwith review its
guidelines and policy statements applicable to persons convicted of
offenses under sections 1028, 1028A, 1030, 1030A, 2511 and 2701 of
title 18, United States Code and any other relevant provisions of law,
in order to reflect the intent of Congress that such penalties be
increased in comparison to those currently provided by such guidelines
and policy statements.
(b) Requirements.--In determining its guidelines and policy
statements on the appropriate sentence for the crimes enumerated in
paragraph (a), the Commission shall consider the extent to which the
guidelines and policy statements may or may not account for the
following factors in order to create an effective deterrent to computer
crime and the theft or misuse of personally identifiable data--
(1) the level of sophistication and planning involved in
such offense;
(2) whether such offense was committed for purpose of
commercial advantage or private financial benefit;
(3) the potential and actual loss resulting from the
offense;
(4) whether the defendant acted with intent to cause either
physical or property harm in committing the offense;
(5) the extent to which the offense violated the privacy
rights of individuals;
(6) the effect of the offense upon the operations of a
government agency of the United States, or of a State or local
government;
(7) whether the offense involved a computer used by the
government in furtherance of national defense, national
security or the administration of justice;
(8) whether the offense was intended to, or had the effect
of significantly interfering with or disrupting a critical
infrastructure;
(9) whether the offense was intended to, or had the effect
of creating a threat to public health or safety, injury to any
person, or death; and
(10) whether the defendant purposefully involved a juvenile
in the commission of the offense to avoid punishment.
(c) Additional Requirements.--In carrying out this section, the
Commission shall--
(1) assure reasonable consistency with other relevant
directives and with other sentencing guidelines;
(2) account for any additional aggravating or mitigating
circumstances that might justify exceptions to the generally
applicable sentencing ranges;
(3) make any conforming changes to the sentencing
guidelines; and
(4) assure that the guidelines adequately meet the purposes
of sentencing as set forth in section 3553(a)(2) of title 18,
United States Code.
SEC. 10. DAMAGE TO PROTECTED COMPUTERS.
(a) Section 1030(a)(5)(B) of title 18, United States Code, is
amended--
(1) by striking ``or'' at the end of clause (iv);
(2) by inserting ``or'' at the end of clause (v); and
(3) by adding at the end the following:
``(vi) damage affecting ten or more
protected computers during any 1-year
period.''.
(b) Section 1030(g) of title 18, United States Code, is amended by
striking ``or'' after ``(iv),'' and inserting ``, or (vi)'' after
``(v)''.
(c) Section 2332b(g)(5)(B)(i) of title 18, United States Code, is
amended by striking ``(v) (relating to protection of computers)'' and
inserting ``(vi) (relating to the protection of computers)''.
SEC. 11. ADDITIONAL FUNDING FOR RESOURCES TO INVESTIGATE AND PROSECUTE
CRIMINAL ACTIVITY INVOLVING COMPUTERS.
(a) Additional Funding for Resources.--
(1) Authorization.--In addition to amounts otherwise
authorized for resources to investigate and prosecute criminal
activity involving computers, there are authorized to be
appropriated for each of the fiscal years 2007 through 2011--
(A) $10,000,000 to the Director of the United
States Secret Service;
(B) $10,000,000 to the Attorney General for the
Criminal Division of the Department of Justice; and
(C) $10,000,000 to the Director of the Federal
Bureau of Investigation.
(2) Availability.--Any amounts appropriated under paragraph
(1) shall remain available until expended.
(b) Use of Additional Funding.--Funds made available under
subsection (a) shall be used by the Director of the United States
Secret Service, the Director of the Federal Bureau of Investigation,
and the Attorney General, for the United States Secret Service, the
Federal Bureau of Investigation, and the criminal division of the
Department of Justice, respectively, to--
(1) hire and train law enforcement officers to--
(A) investigate crimes committed through the use of
computers and other information technology, including
through the use of the Internet; and
(B) assist in the prosecution of such crimes; and
(2) procure advanced tools of forensic science to
investigate, prosecute, and study such crimes. | Cyber-Security Enhancement and Consumer Data Protection Act of 2006 - (Sec. 2) Amends the federal criminal code to prohibit obtaining without authorization: (1) a means of identification from a protected computer (a computer exclusively for the use of a financial institution or the federal government); or (2) the capability to gain access to or remotely control a protected computer.
(Sec. 3) Revises the definition of "protected computer" to include a computer the use of which affects interstate or foreign commerce or communication. Eliminates the criminal law requirement that conduct constituting computer fraud involve an interstate or foreign communication.
(Sec. 4) Includes computer fraud within the definition of racketeering for purposes of the Racketeer Influenced and Corrupt Organizations Act (RICO).
(Sec. 5) Includes threats to access a protected computer without authorization or to exceed such authorized access within the definition of computer-related extortion.
(Sec. 6) Expands the crime of computer fraud to include conspiracy to commit computer fraud.
(Sec. 7) Imposes a fine and/or prison term of up to five years for failure to notify the U.S. Secret Service or Federal Bureau of Investigation (FBI) of a major security breach in a database containing identification information with the intent to prevent, obstruct, or impede a lawful investigation of such breach. Defines "major security breach" as any security breach that involves: (1) the acquisition of the identification information of 10,000 or more individuals causing a significant risk of identity theft; (2) databases owned by the federal government; and (3) data containing identification information of federal employees or contractors involved in national security matters or law enforcement.
Directs the Attorney General and the Secretary of Homeland Security to jointly issue regulations on the form, content, and timing of notices of major security breaches. Requires that such regulations provide that notice of a security breach be provided to the Secret Service or FBI before notice is provided to consumers and within 14 days after discovery of such breach.
Grants immunity to law enforcement entities or to any person who notifies law enforcement of a security breach.
Imposes a civil penalty of $50,000 for each day any individual fails to provide notice of a major security breach (not to exceed $1 million).
(Sec. 8) Increases the prison term for computer fraud to a maximum of 30 years. Requires forfeiture of any personal property used to commit computer fraud.
(Sec. 9) Directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements to reflect congressional intent to increase criminal penalties for computer fraud.
(Sec. 10) Imposes criminal penalties for damage affecting ten or more protected computers during any one-year period.
(Sec. 11) Authorizes additional funding in FY2007-FY2011 to the Director of the Secret Service, the Attorney General for the Criminal Division of the Department of Justice, and the Director of the FBI to investigate and prosecute crimes committed through the use of computers. | To amend title 18, United States Code, to better assure cyber-security, and for other purposes. |
263 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Insurance Capital Standards
Clarification Act of 2014''.
SEC. 2. CLARIFICATION OF APPLICATION OF LEVERAGE AND RISK-BASED CAPITAL
REQUIREMENTS.
Section 171 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (12 U.S.C. 5371) is amended--
(1) in subsection (a), by adding at the end the following:
``(4) Business of insurance.--The term `business of insurance'
has the same meaning as in section 1002(3).
``(5) Person regulated by a state insurance regulator.--The
term `person regulated by a State insurance regulator' has the same
meaning as in section 1002(22).
``(6) Regulated foreign subsidiary and regulated foreign
affiliate.--The terms `regulated foreign subsidiary' and `regulated
foreign affiliate' mean a person engaged in the business of
insurance in a foreign country that is regulated by a foreign
insurance regulatory authority that is a member of the
International Association of Insurance Supervisors or other
comparable foreign insurance regulatory authority as determined by
the Board of Governors following consultation with the State
insurance regulators, including the lead State insurance
commissioner (or similar State official) of the insurance holding
company system as determined by the procedures within the Financial
Analysis Handbook adopted by the National Association of Insurance
Commissioners, where the person, or its principal United States
insurance affiliate, has its principal place of business or is
domiciled, but only to the extent that--
``(A) such person acts in its capacity as a regulated
insurance entity; and
``(B) the Board of Governors does not determine that the
capital requirements in a specific foreign jurisdiction are
inadequate.
``(7) Capacity as a regulated insurance entity.--The term
`capacity as a regulated insurance entity'--
``(A) includes any action or activity undertaken by a
person regulated by a State insurance regulator or a regulated
foreign subsidiary or regulated foreign affiliate of such
person, as those actions relate to the provision of insurance,
or other activities necessary to engage in the business of
insurance; and
``(B) does not include any action or activity, including
any financial activity, that is not regulated by a State
insurance regulator or a foreign agency or authority and
subject to State insurance capital requirements or, in the case
of a regulated foreign subsidiary or regulated foreign
affiliate, capital requirements imposed by a foreign insurance
regulatory authority.''; and
(2) by adding at the end the following new subsection:
``(c) Clarification.--
``(1) In general.--In establishing the minimum leverage capital
requirements and minimum risk-based capital requirements on a
consolidated basis for a depository institution holding company or
a nonbank financial company supervised by the Board of Governors as
required under paragraphs (1) and (2) of subsection (b), the
appropriate Federal banking agencies shall not be required to
include, for any purpose of this section (including in any
determination of consolidation), a person regulated by a State
insurance regulator or a regulated foreign subsidiary or a
regulated foreign affiliate of such person engaged in the business
of insurance, to the extent that such person acts in its capacity
as a regulated insurance entity.
``(2) Rule of construction on board's authority.--This
subsection shall not be construed to prohibit, modify, limit, or
otherwise supersede any other provision of Federal law that
provides the Board of Governors authority to issue regulations and
orders relating to capital requirements for depository institution
holding companies or nonbank financial companies supervised by the
Board of Governors.
``(3) Rule of construction on accounting principles.--
``(A) In general.--A depository institution holding company
or nonbank financial company supervised by the Board of
Governors of the Federal Reserve that is also a person
regulated by a State insurance regulator that is engaged in the
business of insurance that files financial statements with a
State insurance regulator or the National Association of
Insurance Commissioners utilizing only Statutory Accounting
Principles in accordance with State law, shall not be required
by the Board under the authority of this section or the
authority of the Home Owners' Loan Act to prepare such
financial statements in accordance with Generally Accepted
Accounting Principles.
``(B) Preservation of authority.--Nothing in subparagraph
(A) shall limit the authority of the Board under any other
applicable provision of law to conduct any regulatory or
supervisory activity of a depository institution holding
company or non-bank financial company supervised by the Board
of Governors, including the collection or reporting of any
information on an entity or group-wide basis. Nothing in this
paragraph shall excuse the Board from its obligations to comply
with section 161(a) of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C. 5361(a)) and section
10(b)(2) of the Home Owners' Loan Act (12 U.S.C. 1467a(b)(2)),
as appropriate.''.
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 June 3, 2014. Insurance Capital Standards Clarification Act of 2014 - Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) concerning establishment of minimum leverage and minimum risk-based capital requirements on a consolidated basis for a depository institution holding company or a nonbank financial company supervised by the Board of Governors of the Federal Reserve System. States that federal banking agencies shall not be required to subject any person to such minimum capital requirements, to the extent that such person either: (1) acts in its capacity as a regulated insurance entity regulated by a state insurance regulator, or (2) is a regulated foreign subsidiary engaged in the business of insurance (including a regulated foreign affiliate of such subsidiary). States that a Board-supervised depository institution holding company or nonbank financial company engaged in the insurance business and regulated by either a state insurance regulator or the National Association of Insurance Commissioners, and which files its holding company financial statements using only Statutory Accounting Principles pursuant to state law, shall not be required by the Board, under this Act or the Home Owners' Loan Act (HOLA), to prepare such financial statements in accordance with Generally Accepted Accounting Principles. Declares that nothing in this Act shall: (1) limit Board authority to conduct any regulatory or supervisory activity of either a depository institution holding company or a non-bank financial company under Board jurisdiction, including the collecting or reporting of any information on an entity or group-wide basis; or (2) excuse the Board from its obligations to comply with Dodd-Frank requirements regarding examination of nonbank financial companies and HOLA requirements regarding examination of savings and loan holding companies. | Insurance Capital Standards Clarification Act of 2014 |
264 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Timely Repatriation Act''.
SEC. 2. TIMELY REPATRIATION.
(a) Listing of Countries.--Beginning on the date that is 6 months
after the date of enactment of this Act, and every 6 months thereafter,
the Secretary of Homeland Security shall publish a report including the
following:
(1) A list of the following:
(A) Countries that have refused or unreasonably
delayed repatriation of an alien who is a national of
that country since the date of enactment of this Act
and the total number of such aliens, disaggregated by
nationality.
(B) Countries that have an excessive repatriation
failure rate.
(2) A list of each country that was included under
subparagraph (B) or (C) of paragraph (1) in both the report
preceding the current report and the current report.
(b) Sanctions.--Beginning on the date that a country is included in
a list under subsection (a)(2) and ending on the date that that country
is not included in such list, that country shall be subject to the
following:
(1) The Secretary of State may not issue visas under
section 101(a)(15)(A)(iii) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(A)(iii)) to attendants, servants,
personal employees, and members of their immediate families, of
the officials and employees of that country who receive
nonimmigrant status under clause (i) or (ii) of section
101(a)(15)(A) of such Act.
(2) Each 6 months thereafter that the country is included
in that list, the Secretary of State shall reduce the number of
visas available under clause (i) or (ii) of section
101(a)(15)(A) of the Immigration and Nationality Act in a
fiscal year to nationals of that country by an amount equal to
10 percent of the baseline visa number for that country. Except
as provided under section 243(d) of the Immigration and
Nationality Act (8 U.S.C. 1253), the Secretary may not reduce
the number to a level below 20 percent of the baseline visa
number.
(c) Waivers.--
(1) National security waiver.--If the Secretary of State
submits to Congress a written determination that significant
national security interests of the United States require a
waiver of the sanctions under subsection (b), the Secretary may
waive any reduction below 80 percent of the baseline visa
number. The Secretary of Homeland Security may not delegate the
authority under this subsection.
(2) Temporary exigent circumstances.--If the Secretary of
State submits to Congress a written determination that
temporary exigent circumstances require a waiver of the
sanctions under subsection (b), the Secretary may waive any
reduction below 80 percent of the baseline visa number during
6-month renewable periods. The Secretary of Homeland Security
may not delegate the authority under this subsection.
(d) Exemption.--The Secretary of Homeland Security, in consultation
with the Secretary of State, may exempt a country from inclusion in a
list under subsection (a)(2) if the total number of nonrepatriations
outstanding is less than 10 for the preceding 3-year period.
(e) Unauthorized Visa Issuance.--Any visa issued in violation of
this section shall be void.
(f) Notice.--If an alien who has been convicted of a criminal
offense before a Federal or State court whose repatriation was refused
or unreasonably delayed is to be released from detention by the
Secretary of Homeland Security, the Secretary shall provide notice to
the State and local law enforcement agency for the jurisdictions in
which the alien is required to report or is to be released. When
possible, and particularly in the case of violent crime, the Secretary
shall make a reasonable effort to provide notice of such release to any
crime victims and their immediate family members.
(g) Definitions.--For purposes of this section:
(1) Refused or unreasonably delayed.--A country is deemed
to have refused or unreasonably delayed the acceptance of an
alien who is a citizen, subject, national, or resident of that
country if, not later than 90 days after receiving a request to
repatriate such alien from an official of the United States who
is authorized to make such a request, the country does not
accept the alien or issue valid travel documents.
(2) Failure rate.--The term ``failure rate'' for a period
means the percentage determined by dividing the total number of
repatriation requests for aliens who are citizens, subjects,
nationals, or residents of a country that that country refused
or unreasonably delayed during that period by the total number
of such requests during that period.
(3) Excessive repatriation failure rate.--The term
``excessive repatriation failure rate'' means, with respect to
a report under subsection (a), a failure rate greater than 10
percent for any of the following:
(A) The period of the 3 full fiscal years preceding
the date of publication of the report.
(B) The period of 1 year preceding the date of
publication of the report.
(4) Number of non-repatriations outstanding.--The term
``number of non-repatriations outstanding'' means, for a
period, the number of unique aliens whose repatriation a
country has refused or unreasonably delayed and whose
repatriation has not occurred during that period.
(5) Baseline visa number.--The term ``baseline visa
number'' means, with respect to a country, the average number
of visas issued each fiscal year to nationals of that country
under clauses (i) and (ii) of section 101(a)(15)(A) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(A)) for
the 3 full fiscal years immediately preceding the first report
under subsection (a) in which that country is included in the
list under subsection (a)(2).
(h) GAO Report.--On the date that is 1 day after the date that the
President submits a budget under section 1105(a) of title 31, United
States Code, for fiscal year 2014, the Comptroller General of the
United States shall submit a report to Congress regarding the progress
of the Secretary of Homeland Security and the Secretary of State in
implementation of this section and in making requests to repatriate
aliens as appropriate. | Timely Repatriation Act - Directs the Secretary of Homeland Security (DHS) to publish a report every six months listing countries that have: (1) refused or unreasonably delayed repatriation of an alien who is a national of that country, and the total number of such aliens; and (2) an excessive repatriation failure rate. Directs the Secretary of Statewith respect to a listed country: (1) to not issue visas to attendants, servants, and personal employees of such country's diplomats and officials/employees; and (2) reduce the number of visas available for such country's diplomats and officials/employees by 10% for each six months that a country is listed. Authorizes the Secretary of Homeland Security to exempt a country from inclusion if the total number of nonrepatriations outstanding is less than 10% for the preceding 3-year period. | Timely Repatriation Act |
265 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Housing Opportunities Made Equal
(HOME) Act''.
SEC. 2. AMENDING THE FAIR HOUSING ACT TO PROHIBIT CERTAIN
DISCRIMINATION.
(a) In General.--
(1) Section 804 of the Fair Housing Act (42 U.S.C. 3604) is
amended by inserting ``sexual orientation, gender identity,
source of income, marital status,'' after ``sex,'' each place
it appears.
(2) Section 805 of the Fair Housing Act (42 U.S.C. 3605) is
amended by inserting ``sexual orientation, gender identity,
source of income, marital status,'' after ``sex,'' each place
it appears.
(3) Section 806 of the Fair Housing Act (42 U.S.C. 3606) is
amended by inserting ``sexual orientation, gender identity,
source of income, marital status,'' after ``sex,''.
(b) Prevention of Intimidation.--Section 901 of the Civil Rights
Act of 1968 (42 U.S.C. 3631) is amended by inserting ``sexual
orientation, gender identity, source of income, marital status,'' after
``sex,'' each place it appears.
(c) Definitions.--Section 802 of the Fair Housing Act (42 U.S.C.
3602) is amended by adding at the end the following:
``(p) `Gender identity' means the gender-related identity,
appearance, or mannerisms or other gender-related
characteristics of an individual, with or without regard to the
individual's designated sex at birth.
``(q) `Sexual orientation' means homosexuality,
heterosexuality, or bisexuality.
``(r) `Source of income' means the receipt of Federal,
State, or local public assistance including medical assistance,
or the receipt by a tenant or applicant of Federal, State, or
local housing subsidies, including rental assistance under
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) or other rental assistance or rental supplements.
``(s) `Marital status' has the same meaning given that term
for purposes of the Equal Credit Opportunity Act.''.
SEC. 3. AMENDING THE FAIR HOUSING ACT TO EXTEND THE DEFINITION OF
DISCRIMINATORY HOUSING PRACTICE.
Section 802(f) of the Fair Housing Act (42 U.S.C. 3602(f)) is
amended to read as follows:
``(f) `Discriminatory housing practice' means an act that is
unlawful under section 804, 805, 806, or 818 of this title, whether
occurring pre- or post-acquisition, and also includes a failure to
comply with the section 808(e)(5) of this title or a regulation made to
carry out section 808(e)(5).''.
SEC. 4. AMENDING THE FAIR HOUSING ACT DEFINITION OF ``FAMILIAL
STATUS''.
Section 802(k) of the Fair Housing Act (42 U.S.C. 3602(k)) is
amended to read as follows:
``(k) `Familial status' means one or more individuals (who have not
attained the age of 18 years) residing with--
``(1) a parent, foster parent, or another person having
legal or physical custody of such individual or individuals; or
``(2) anyone standing in loco parentis of such individual
or individuals.
The protections afforded against discrimination on the basis of
familial status apply to any person who is pregnant or in the process
of securing legal custody of an individual who has not attained the age
of 18 years.''.
SEC. 5. AMENDING THE FAIR HOUSING ACT AND THE EQUAL CREDIT OPPORTUNITY
ACT TO PROVIDE THE DEPARTMENT OF JUSTICE WITH PRE-
LITIGATION SUBPOENA POWER.
(a) Equal Credit Opportunity Act.--Section 706(h) of the Equal
Credit Opportunity Act (15 U.S.C. 1691e(h)) is amended--
(1) by inserting ``(1)'' after ``(h)''; and
(2) by adding at the end the following:
``(2) If the Attorney General has reason to believe that
any person may be in possession, custody, or control of any
documentary material or information relevant to an
investigation under this title, the Attorney General may,
before commencing a civil action under paragraph (1), issue in
writing and cause to be served upon the person, a civil
investigative demand. The authority to issue and enforce civil
investigative demands under this paragraph shall be identical
to the authority of the Attorney General under section 3733 of
title 31, United States Code, except that the provisions of
that section relating to qui tam relators shall not apply.''.
(b) Fair Housing Act.--Section 814(c) of the Fair Housing Act (42
U.S.C. 3614(c)) is amended--
(1) by striking ``The Attorney General'' and inserting the
following:
``(1) In general.--The Attorney General''; and
(2) by adding at the end the following:
``(2) Civil investigative demands.--If the Attorney General
has reason to believe that any person may be in possession,
custody, or control of any documentary material or information
relevant to an investigation under this title, the Attorney
General may, before commencing a civil proceeding under this
subsection, issue in writing and cause to be served upon the
person, a civil investigative demand. The authority to issue
and enforce civil investigative demands under this paragraph
shall be identical to the authority of the Attorney General
under section 3733 of title 31, United States Code, except that
the provisions of that section relating to qui tam relators
shall not apply.''.
SEC. 6. AMENDING THE FAIR HOUSING ACT SO THAT DISCRIMINATION IN REAL
ESTATE-RELATED TRANSACTIONS INCLUDES THE FAILURE TO MAKE
REASONABLE ACCOMMODATIONS FOR PEOPLE WITH DISABILITIES.
Section 805(a) of the Fair Housing Act (42 U.S.C. 3605(a)) is
amended by adding at the end the following; ``For the purposes of this
section, discrimination against a person because of handicap includes
the failure, in connection with a real estate-related transaction, to
make reasonable accommodations for such persons.''.
SEC. 7. AMENDING THE FAIR HOUSING ACT TO CHANGE CERTAIN LIMITATIONS ON
FILING COMPLAINTS AND COMMENCING CIVIL ACTIONS.
(a) Section 810.--Section 810(a)(1)(A) of the Fair Housing Act (42
U.S.C. 3610(a)(1)(A)) is amended by inserting after the first sentence
the following: ``The failure to design and construct a dwelling as
required by section 804(f)(3)(C) shall be deemed to continue until such
time as the dwelling conforms to the requirements of that section.''.
(b) Section 813.--Section 813(a)(1)(A) of the Fair Housing Act (42
U.S.C. 3613(a)(1)(A)) is amended by adding at the end the following:
``The failure to design and construct a dwelling as required by section
804(f)(3)(C) shall be deemed to continue until such time as the
dwelling conforms to the requirements of that section.''. | Housing Opportunities Made Equal (HOME) Act - Amends the Fair Housing Act to prohibit discrimination on the basis of sexual orientation, gender identity, source of income, or marital status in housing sales and rentals, residential real estate-related transactions, and brokerage services.
Amends the Civil Rights Act of 1968 to prohibit the intimidation, interference, or injury of individuals because of their sexual orientation, gender identity, source of income, or marital status.
Redefines "discriminatory housing practice" to specify that the definition: (1) applies regardless of whether the discriminatory practices occur pre- or post-acquisition; and (2) includes a failure to comply with administrative requirements of the Secretary of Housing and Urban Development (HUD), including related regulations, in a manner affirmatively to further nondiscrimination policies.
Redefines "familial status" to include individuals (under age 18) residing with: (1) a foster parent or another person having physical custody of such individuals; or (2) anyone standing in loco parentis of such individuals (currently, the designee of such parent or other person having such custody, with the parent's or other person's written permission).
Amends the Equal Credit Opportunity Act and the Fair Housing Act to grant the Attorney General pre-litigation subpoena power if there is reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to an investigation under the respective Act.
States that discrimination against a person because of a handicap includes the failure, in connection with a real estate-related transaction, to make reasonable accommodations for such persons.
Revises the limitations on filing complaints and commencing civil actions by certain individuals alleging discriminatory housing practices to deem that the failure to design and construct a dwelling that meets requirements for reasonable modifications for handicapped persons shall continue (and with it the alleged discriminatory housing practice) until such time as the dwelling conforms to them. | To amend the Fair Housing Act, and for other purposes. |
266 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Quality Cancer Care
Demonstration Project Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In order to ensure the delivery of quality, cost-
efficient medical care to patients with cancer, Medicare should
reinforce and expand the use of evidence-based guidelines and
the provision of demonstrated quality delivery of care through
adjustments in the payment system.
(2) An Institute of Medicine report entitled ``Ensuring
Quality Cancer Care'' recommends that the following items are
essential components in quality cancer care delivery:
(A) An agreed-upon treatment plan that outlines the
goals of care.
(B) Access to clinical trials.
(C) Policies to ensure full disclosure of
information about appropriate treatment options to
patients.
(D) A mechanism to coordinate services.
(3) According to the Institute of Medicine, the quality of
cancer care must be measured by using a core set of quality
measures. Cancer care quality measures should be used to hold
providers, including health care systems, health plans, and
physicians, accountable for demonstrating that they provide and
improve quality of care.
(4) In its report, ``From Cancer Patient to Cancer
Survivor: Lost in Transition'', the Institute of Medicine
recommended that individuals with cancer completing primary
treatment be provided a comprehensive summary of their care
along with a follow-up survivorship plan of treatment.
(5) The medical literature suggests that adherence to
quality metrics and evidence-based guidelines help lower costs
by reducing use of physician services, hospitalizations, and
supplemental and expensive drugs.
(6) Although treatment planning and follow-up cancer care
planning are recognized critical components of cancer care,
none of the 153 quality measures in the Centers for Medicare &
Medicaid Services (CMS) 2009 Physician Quality Reporting
Initiative (PQRI) addresses overall treatment planning or
follow-up care planning for cancer patients.
SEC. 3. MEDICARE QUALITY CANCER CARE DEMONSTRATION PROJECT.
(a) Establishment.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall establish a
quality cancer care demonstration project under this section (in this
section referred to as the ``QCCD project'') for the purpose of
establishing quality metrics and aligning Medicare payment incentives
in the areas of treatment planning and follow-up cancer care planning
for Medicare beneficiaries with cancer.
(b) Test Metrics and Reporting Systems Through a Pay-For-Reporting
Incentive Program.--Under the QCCD project, the Secretary shall do the
following:
(1) Identify and address gaps in current quality measures
related to the areas of active treatment planning and follow-up
cancer care planning by refining the performance measures
described in paragraphs (1) and (2) of subsection (d) relating
to active treatment planning and follow-up cancer planning for
clinician-level reporting.
(2) Use quality assessment programs of oncology
professional societies to report quality data to the extent
feasible and explore the potential to report quality data
through other registries and other electronic means for
treatment planning and follow-up cancer care planning,
including identifying data elements necessary to measure
quality of treatment planning and follow-up cancer care
planning and determine how those elements could be collected
through claims data or registries or other electronic means.
(3) Test and validate identified treatment planning and
follow-up cancer care planning quality measures through a pay-
for-reporting program with oncologists, which program--
(A) ensures that oncologists are able to accurately
report on measures through simple HCPCS coding
mechanisms; and
(B) tests processes of submitting treatment
planning and follow-up cancer care planning measures
through registries or other electronic means.
(c) Incentive Payment.--
(1) In general.--Under the QCCD project, the Secretary
shall provide for a separate payment under section 1848 of the
Social Security Act (42 U.S.C. 1395w-4), to be divided into a
baseline payment amount and an additional payment amount, as
specified by the Secretary, for a treatment planning code and
follow-up cancer care planning code. The amount of such
payments under the project shall be designed to total
$300,000,000 each year. Payments under the project shall be
designed to be paid on an ongoing basis as claims are
submitted.
(2) Requirement to satisfy baseline mandatory measures to
receive baseline payment.--In order for a physician to receive
any payment under the QCCD project for treatment planning or
follow-up cancer care planning, a physician must report in a
manner specified under the project that all of the baseline
mandatory measures described in paragraph (1)(A) or (2)(A),
respectively, of subsection (d) were satisfied.
(3) Requirement to satisfy all measures to receive
additional payment.--In order for a physician to receive the
additional payment amount described in paragraph (1) under this
subsection for treatment planning or follow-up cancer care
planning, a physician must report in a manner specified under
the project that all of measures described in paragraph (1) or
(2), respectively, of subsection (d) were satisfied.
(d) Measures.--
(1) Treatment planning measures.--The specific measures
related to treatment planning and any subsequent modifications
described in this paragraph are as follows:
(A) Baseline mandatory measures.--
(i) Documented pathology report.
(ii) Documented clinical staging prior to
initiation of first course of treatment.
(iii) Performed treatment education by
oncology nursing staff.
(iv) Provided the patient with a written
care plan for patients in active treatment,
which advises patient of relevant options.
(B) Augmented.--
(i) Implemented practice-endorsed treatment
plan consistent with nationally recognized
evidence based guidelines.
(ii) Documented clinical trial discussed
with the patient, or that no clinical trial
available.
(iii) Documented discussion or coordination
with other physicians involved in the patient's
care.
(2) Follow-up cancer planning.--The specific measures
related to follow-up cancer planning described in this
paragraph are as follows:
(A) Baseline mandatory.--
(i) Documented conclusion of primary cancer
care treatment.
(ii) Documented session with the patient to
provide recommendations for the subsequent care
of the patient with respect to the cancer
involved.
(B) Augmented.--Provision of a written document to
the patient that--
(i) describes the elements of the completed
primary treatment, including past symptom
management, furnished to such patient;
(ii) provides recommendations for the
subsequent care of the patient with respect to
the cancer involved;
(iii) is furnished to the individual in
person within a period specified by the
Secretary that is as soon as practicable after
the completion of such primary treatment; and
(iv) is furnished, to the greatest extent
practicable, in a form that appropriately takes
into account cultural and linguistic needs of
the individual in order to make the plan
accessible to the individual.
(e) Duration of Project.--
(1) In general.--The Secretary shall conduct the
demonstration project over a sufficient period (of not less
than 2 years) to allow for refinement of metrics and reporting
methodologies and for analyses. The project shall continue,
subject to paragraph (2), to operate until the Secretary has
developed and implemented under part B of the Medicare program
a payment system that relates payment under such part for
professional oncology services to performance on measures
developed and refined under the demonstration project.
(2) Transition.--The Secretary shall provide for a
transition period over the course of 2 years during which
oncologists are permitted to transition from the payment system
under the demonstration project to the payment system described
in paragraph (1).
(f) Project Evaluation.--
(1) In general.--The Secretary shall conduct an evaluation
of the QCCD project--
(A) to determine oncologist participation in the
project;
(B) to assess the cost effectiveness of the
project, including an analyses of the cost savings (if
any) to the Medicare part A and B programs resulting
from a general reduction in physician services,
hospitalizations, and supplemental care drug costs;
(C) to compare outcomes of patients participating
in the project to outcomes for those not participating
in the project;
(D) to determine the satisfaction of patients
participating in the project; and
(E) to evaluate other such matters as the Secretary
determines is appropriate.
(2) Reporting.--Not later than 90 days after the completion
of the second year following the commencement of the QCCD
project, the Secretary shall submit to Congress a report on the
evaluation conducted under paragraph (1) together which such
recommendations for legislation or administrative action as the
Secretary determines is appropriate. | National Quality Cancer Care Demonstration Project Act of 2009 - Directs the Secretary of Health and Human Services to establish a quality cancer care demonstration project for the purpose of establishing quality metrics and aligning payment incentives under title XVIII (Medicare) of the Social Security Act in the areas of treating planning and follow-up cancer care for Medicare beneficiaries with cancer. | To improve the quality and cost effectiveness of cancer care to Medicare beneficiaries by establishing a national demonstration project. |
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Office of Government Ethics
Authorization Act of 1994''.
SEC. 2. AMENDMENTS TO THE ETHICS IN GOVERNMENT ACT OF 1978.
(a) References.--Except as otherwise expressly provided, whenever
in this section an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Ethics in Government Act of 1978 (5 U.S.C. App.).
(b) Reauthorization.--Section 405 is amended by striking
``purpose--'' and all that follows thereafter through the period and
inserting ``purpose, not to exceed $14,000,000 for fiscal year 1995 and
for each of the next 7 fiscal years thereafter.''.
(c) Assistance from Other Agencies.--Section 403 is amended--
(1) in paragraph (1) by striking ``under this Act; and''
and inserting ``of the Office of Government Ethics; and''; and
(2) in paragraph (2) by striking ``duties.'' and inserting
``duties under this Act or any other Act.''.
(d) Gift Acceptance Authority.--Section 403, as amended by
subsection (c), is further amended--
(1) by inserting ``(a)'' before ``Upon the request'';
(2) in the next to last sentence by striking ``this
section'' and inserting ``this subsection''; and
(3) by adding at the end the following:
``(b)(1) The Director may accept and use, on behalf of the United
States, any gift, donation, bequest, or devise of money, use of
facilities, personal property, or services, for the purpose of aiding
or facilitating the work of the Office of Government Ethics.
``(2) No gift, donation, bequest, or devise may be so accepted if
it--
``(A) attaches conditions inconsistent with applicable laws
or regulations; or
``(B) is conditioned on or will require the expenditure of
appropriated funds that are not available to the Office of
Government Ethics.
``(3) The Director shall promulgate written rules setting forth the
criteria to be used in determining whether the acceptance of such a
gift, donation, bequest, or devise would reflect unfavorably on the
ability of the Office of Government Ethics or any employee to carry out
its responsibilities or official duties in a fair and objective manner,
or would compromise the integrity or the appearance of the integrity of
its programs or any official involved in those programs.''.
(e) Reports to Congress.--Section 408 is amended by striking
``March 31'' and inserting ``April 30''.
(f) Section Heading.--The heading for section 401 is amended to
read as follows:
``establishment; appointment of director''.
SEC. 3. OTHER AMENDMENTS.
(a) Elimination of Display Requirement.--The Act entitled ``An Act
to provide for the display of the Code of Ethics for Government
Service'', approved July 3, 1980 (5 U.S.C. 7301 note) is repealed.
(b) FDIA.--Effective as of the date of the enactment of this Act,
section 12(f)(3) of the Federal Deposit Insurance Act (12 U.S.C.
1822(f)(3)) is amended by striking ``, with the concurrence of the
Office of Government Ethics,''.
SEC. 4. EFFECTIVE DATE.
Except as provided in section 3(b), this Act shall be effective as
of October 1, 1994. | Office of Government Ethics Authorization Act of 1994 - Amends the Ethics in Government Act of 1978 to: (1) extend the authorization of appropriations for the Office of Government Ethics (OGE) through FY 1999; and (2) authorize gift acceptance authority for OGE, according to criteria the Director shall promulgate. | Office of Government Ethics Authorization Act of 1994 |
268 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Opioid Management and
Bundled Addiction Treatment Act of 2018'' or the ``COMBAT Act of
2018''.
SEC. 2. MEDICARE COVERAGE OF CERTAIN SERVICES FURNISHED BY OPIOID
TREATMENT PROGRAMS.
(a) Coverage.--Section 1861(s)(2) of the Social Security Act (42
U.S.C. 1395x(s)(2)) is amended--
(1) in subparagraph (FF), by striking at the end ``and'';
(2) in subparagraph (GG), by inserting at the end ``;
and''; and
(3) by adding at the end the following new subparagraph:
``(HH) opioid use disorder treatment services (as
defined in subsection (jjj)).''.
(b) Opioid Use Disorder Treatment Services and Opioid Treatment
Program Defined.--Section 1861 of the Social Security Act is amended by
adding at the end the following new subsection:
``(jjj) Opioid Use Disorder Treatment Services; Opioid Treatment
Program.--
``(1) Opioid use disorder treatment services.--The term
`opioid use disorder treatment services' means items and
services that are furnished by an opioid treatment program for
the treatment of opioid abuse disorder, including--
``(A) opioid agonist treatment medications
(including oral versions) that are approved by the Food
and Drug Administration under section 505 of the
Federal Food, Drug, and Cosmetic Act for use in the
treatment of opioid use disorder;
``(B) dispensing and administration of such
medications, if applicable;
``(C) substance abuse counseling by a professional
to the extent authorized under State law to furnish
such services;
``(D) behavioral individual and group therapy with
physicians or psychologists (or other mental health
professionals to the extent authorized under State
law);
``(E) toxicology testing, and
``(F) other items and services that the Secretary
determines are appropriate.
``(2) Opioid treatment program.--The term `opioid treatment
program' means an opioid treatment program (as defined in
section 8.2 of title 42 of the Code of Federal Regulations, or
any successor regulation) that--
``(A) is enrolled under section 1866(j);
``(B) has in effect a certification by the
Substance Abuse and Mental Health Services
Administration for such a program;
``(C) is accredited by an accrediting body approved
by the Substance Abuse and Mental Health Services
Administration; and
``(D) meets such additional conditions as the
Secretary may find necessary to ensure--
``(i) the health and safety of individuals
being furnished services under such program;
and
``(ii) the effective and efficient
furnishing of such services.''.
(c) Payment.--
(1) In general.--Section 1833(a)(1) of the Social Security
Act (42 U.S.C. 1395l(a)(1)) is amended--
(A) by striking ``and (BB)'' and inserting
``(BB)''; and
(B) by inserting before the semicolon at the end
the following ``, and (CC) with respect to opioid use
disorder treatment services furnished during an episode
of care, the amount paid shall be equal to the amount
payable in accordance with section 1834(w) less any
copayment required as specified by the Secretary''.
(2) Payment determination.--Section 1834 of the Social
Security Act (42 U.S.C. 1395m) is amended by adding at the end
the following new subsection:
``(w) Opioid Use Disorder Treatment Services.--
``(1) In general.--The Secretary shall pay to an opioid
treatment program (as defined in paragraph (2) of section
1861(jjj)) an amount that is equal to 100 percent of a bundled
payment under this part for opioid use disorder treatment
services (as defined in paragraph (1) of such section) that are
furnished by such program to an individual during an episode of
care (as defined by the Secretary) beginning on or after
January 1, 2020. The Secretary shall ensure that no duplicative
payments are made under this part or part D to a physician,
practitioner, or pharmacy for items and services furnished by
an opioid treatment program.
``(2) Considerations.--The Secretary may implement this
subsection through one or more bundles based on the type of
medication provided (such as buprenorphine, methadone,
naltrexone, or a new innovative drug), the frequency of
services, the scope of services furnished, characteristics of
the individuals furnished such services, or other factors as
the Secretary determines appropriate. In developing such
bundles, the Secretary may consider payment rates paid to
opioid treatment programs for comparable services under State
plans under title XIX, under the TRICARE program under chapter
55 of title 10 of the United States Code, or by other health
care payers.
``(3) Annual updates.--The Secretary shall provide an
update each year to the bundled payment amounts under this
subsection.''.
(d) Including Opioid Treatment Programs as Medicare Providers.--
Section 1866(e) of the Social Security Act (42 U.S.C. 1395cc(e)) is
amended--
(1) in paragraph (2), by striking at the end ``and'';
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) opioid treatment programs (as defined in paragraph
(2) of section 1861(jjj)), but only with respect to the
furnishing of opioid treatment program services (as defined in
paragraph (1) of such section).''. | Comprehensive Opioid Management and Bundled Addiction Treatment Act of 2018 or the COMBAT Act of 2018 This bill requires certified opioid treatment program services, including counseling, toxicology testing, and medication-assisted treatment, to be covered under Medicare. Opioid treatment programs must receive payment for such services in accordance with a specified methodology. | Comprehensive Opioid Management and Bundled Addiction Treatment Act of 2018 |
269 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Refinery Permit Process Schedule
Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``Administrator'' means the Administrator of
the Environmental Protection Agency;
(2) the term ``applicant'' means a person who (with the
approval of the governor of the State, or in the case of Native
American tribes or tribal territories the designated leader of
the tribe or tribal community, where the proposed refinery
would be located) is seeking a Federal refinery authorization;
(3) the term ``biomass'' has the meaning given that term in
section 932(a)(1) of the Energy Policy Act of 2005;
(4) the term ``Federal refinery authorization''--
(A) means any authorization required under Federal
law, whether administered by a Federal or State
administrative agency or official, with respect to
siting, construction, expansion, or operation of a
refinery; and
(B) includes any permits, licenses, special use
authorizations, certifications, opinions, or other
approvals required under Federal law with respect to
siting, construction, expansion, or operation of a
refinery;
(5) the term ``refinery'' means--
(A) a facility designed and operated to receive,
load, unload, store, transport, process, and refine
crude oil by any chemical or physical process,
including distillation, fluid catalytic cracking,
hydrocracking, coking, alkylation, etherification,
polymerization, catalytic reforming, isomerization,
hydrotreating, blending, and any combination thereof,
in order to produce gasoline or distillate;
(B) a facility designed and operated to receive,
load, unload, store, transport, process, and refine
coal by any chemical or physical process, including
liquefaction, in order to produce gasoline or diesel as
its primary output; or
(C) a facility designed and operated to receive,
load, unload, store, transport, process (including
biochemical, photochemical, and biotechnology
processes), and refine biomass in order to produce
biofuel; and
(6) the term ``State'' means a State, the District of
Columbia, the Commonwealth of Puerto Rico, and any other
territory or possession of the United States.
SEC. 3. STATE ASSISTANCE.
(a) State Assistance.--At the request of a governor of a State, or
in the case of Native American tribes or tribal territories the
designated leader of the tribe or tribal community, the Administrator
is authorized to provide financial assistance to that State or tribe or
tribal community to facilitate the hiring of additional personnel to
assist the State or tribe or tribal community with expertise in fields
relevant to consideration of Federal refinery authorizations.
(b) Other Assistance.--At the request of a governor of a State, or
in the case of Native American tribes or tribal territories the
designated leader of the tribe or tribal community, a Federal agency
responsible for a Federal refinery authorization shall provide
technical, legal, or other nonfinancial assistance to that State or
tribe or tribal community to facilitate its consideration of Federal
refinery authorizations.
SEC. 4. REFINERY PROCESS COORDINATION AND PROCEDURES.
(a) Appointment of Federal Coordinator.--
(1) In general.--The President shall appoint a Federal
coordinator to perform the responsibilities assigned to the
Federal coordinator under this Act.
(2) Other agencies.--Each Federal and State agency or
official required to provide a Federal refinery authorization
shall cooperate with the Federal coordinator.
(b) Federal Refinery Authorizations.--
(1) Meeting participants.--Not later than 30 days after
receiving a notification from an applicant that the applicant
is seeking a Federal refinery authorization pursuant to Federal
law, the Federal coordinator appointed under subsection (a)
shall convene a meeting of representatives from all Federal and
State agencies responsible for a Federal refinery authorization
with respect to the refinery. The governor of a State shall
identify each agency of that State that is responsible for a
Federal refinery authorization with respect to that refinery.
(2) Memorandum of agreement.--(A) Not later than 90 days
after receipt of a notification described in paragraph (1), the
Federal coordinator and the other participants at a meeting
convened under paragraph (1) shall establish a memorandum of
agreement setting forth the most expeditious coordinated
schedule possible for completion of all Federal refinery
authorizations with respect to the refinery, consistent with
the full substantive and procedural review required by Federal
law. If a Federal or State agency responsible for a Federal
refinery authorization with respect to the refinery is not
represented at such meeting, the Federal coordinator shall
ensure that the schedule accommodates those Federal refinery
authorizations, consistent with Federal law. In the event of
conflict among Federal refinery authorization scheduling
requirements, the requirements of the Environmental Protection
Agency shall be given priority.
(B) Not later than 15 days after completing the memorandum
of agreement, the Federal coordinator shall publish the
memorandum of agreement in the Federal Register.
(C) The Federal coordinator shall ensure that all parties
to the memorandum of agreement are working in good faith to
carry out the memorandum of agreement, and shall facilitate the
maintenance of the schedule established therein.
(c) Consolidated Record.--The Federal coordinator shall, with the
cooperation of Federal and State administrative agencies and officials,
maintain a complete consolidated record of all decisions made or
actions taken by the Federal coordinator or by a Federal administrative
agency or officer (or State administrative agency or officer acting
under delegated Federal authority) with respect to any Federal refinery
authorization. Such record shall be the record for judicial review
under subsection (d) of decisions made or actions taken by Federal and
State administrative agencies and officials, except that, if the Court
determines that the record does not contain sufficient information, the
Court may remand the proceeding to the Federal coordinator for further
development of the consolidated record.
(d) Remedies.--
(1) In general.--The United States District Court for the
district in which the proposed refinery is located shall have
exclusive jurisdiction over any civil action for the review of
the failure of an agency or official to act on a Federal
refinery authorization in accordance with the schedule
established pursuant to the memorandum of agreement.
(2) Standing.--If an applicant or a party to a memorandum
of agreement alleges that a failure to act described in
paragraph (1) has occurred and that such failure to act would
jeopardize timely completion of the entire schedule as
established in the memorandum of agreement, such applicant or
other party may bring a cause of action under this subsection.
(3) Court action.--If an action is brought under paragraph
(2), the Court shall review whether the parties to the
memorandum of agreement have been acting in good faith, whether
the applicant has been cooperating fully with the agencies that
are responsible for issuing a Federal refinery authorization,
and any other relevant materials in the consolidated record.
Taking into consideration those factors, if the Court finds
that a failure to act described in paragraph (1) has occurred,
and that such failure to act would jeopardize timely completion
of the entire schedule as established in the memorandum of
agreement, the Court shall establish a new schedule that is the
most expeditious coordinated schedule possible for completion
of proceedings, consistent with the full substantive and
procedural review required by Federal law. The court may issue
orders to enforce any schedule it establishes under this
paragraph.
(4) Federal coordinator's action.--When any civil action is
brought under this subsection, the Federal coordinator shall
immediately file with the Court the consolidated record
compiled by the Federal coordinator pursuant to subsection (c).
(5) Expedited review.--The Court shall set any civil action
brought under this subsection for expedited consideration.
SEC. 5. DESIGNATION OF CLOSED MILITARY BASES.
(a) Designation Requirement.--Not later than 90 days after the date
of enactment of this Act, the President shall designate no less than 3
closed military installations, or portions thereof, as potentially
suitable for the construction of a refinery. At least 1 such site shall
be designated as potentially suitable for construction of a refinery to
refine biomass in order to produce biofuel.
(b) Redevelopment Authority.--The redevelopment authority for each
installation designated under subsection (a), in preparing or revising
the redevelopment plan for the installation, shall consider the
feasibility and practicability of siting a refinery on the
installation.
(c) Management and Disposal of Real Property.--The Secretary of
Defense, in managing and disposing of real property at an installation
designated under subsection (a) pursuant to the base closure law
applicable to the installation, shall give substantial deference to the
recommendations of the redevelopment authority, as contained in the
redevelopment plan for the installation, regarding the siting of a
refinery on the installation. The management and disposal of real
property at a closed military installation or portion thereof found to
be suitable for the siting of a refinery under subsection (a) shall be
carried out in the manner provided by the base closure law applicable
to the installation.
(d) Definitions.--For purposes of this section--
(1) the term ``base closure law'' means the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) and title II of the
Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note); and
(2) the term ``closed military installation'' means a
military installation closed or approved for closure pursuant
to a base closure law.
SEC. 6. SAVINGS CLAUSE.
Nothing in this Act shall be construed to affect the application of
any environmental or other law, or to prevent any party from bringing a
cause of action under any environmental or other law, including citizen
suits.
SEC. 7. REFINERY REVITALIZATION REPEAL.
Subtitle H of title III of the Energy Policy Act of 2005 and the
items relating thereto in the table of contents of such Act are
repealed. | Refinery Permit Process Schedule Act - Authorizes the Administrator of the Environmental Protection Agency (EPA), upon the request of a state governor, or in the case of Native American tribes or tribal territories, the designated leader of the tribe or tribal community, to provide financial assistance to hire additional personnel to assist the state or tribe or tribal community with expertise in fields relevant to consideration of federal refinery authorizations.
Requires a federal agency responsible for refinery authorization to provide, upon the request of a state governor, or in the case of Native American tribes or tribal territories, the designated leader of the tribe or tribal community, technical, legal, or other nonfinancial assistance to facilitate state or tribal consideration of such authorizations.
Directs the President to appoint a federal coordinator to facilitate such authorizations.
Requires the coordinator, upon the request of an applicant seeking a federal refinery authorization, to establish a memorandum of agreement, executed by relevant federal and state agencies, setting forth the most expeditious coordinated schedule possible for completion of all such authorizations.
Instructs the President to designate at least three closed military installations as potentially suitable for the construction of a refinery. Requires that at least one such site be designated as potentially suitable for construction of a refinery to refine biomass in order to produce biofuel.
Requires the redevelopment authority, in preparing or revising the redevelopment plan for each such designated installation, to consider the feasibility and practicability of siting a refinery on the installation.
Amends the Energy Policy Act of 2005 to repeal certain requirements regarding refinery revitalization. | To set schedules for the consideration of permits for refineries. |
270 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Law Enforcement Officers Equity
Act''.
SEC. 2. INCLUDING CERTAIN POSITIONS WITHIN THE DEFINITION OF LAW
ENFORCEMENT OFFICER FOR PURPOSES OF RETIREMENT.
(a) Federal Employees Retirement System.--
(1) In general.--Paragraph (17) of section 8401 of title 5,
United States Code, is amended by striking ``and'' at the end
of subparagraph (C), and by adding at the end the following:
``(E) an employee (not otherwise covered by this
paragraph)--
``(i) the duties of whose position include
the investigation or apprehension of
individuals suspected or convicted of offenses
against the criminal laws of the United States;
and
``(ii) who is authorized to carry a
firearm;
``(F) an employee of the Internal Revenue Service,
the duties of whose position are primarily the
collection of delinquent taxes and the securing of
delinquent returns;
``(G) an employee of the United States Postal
Inspection Service; and
``(H) an employee of the Department of Veterans
Affairs who is a Department police officer under
section 902 of title 38;''.
(2) Conforming amendment.--Section 8401(17)(C) of title 5,
United States Code, is amended by striking ``subparagraph (A)
and (B)'' and inserting ``subparagraphs (A), (B), (E), (F),
(G), and (H)''.
(b) Civil Service Retirement System.--Paragraph (20) of section
8331 of title 5, United States Code, is amended in the matter before
subparagraph (A) by inserting after ``position.'' the following: ``For
the purpose of this paragraph, the employees described in the preceding
provision of this paragraph (in the matter before `including') shall be
considered to include an employee, not otherwise covered by this
paragraph, who satisfies any of subparagraphs (E) through (H) of
section 8401(17).''.
(c) Application.--The amendments made by this section shall apply--
(1) to any individual appointed as a law enforcement
officer under section 8331(20) or 8401(17) of title 5, United
States Code, (as the case may be), as amended this section,
after the date of enactment of this Act; and
(2) to any incumbent (as defined in section 3(g)(2)),
consistent with the requirements of section 3.
SEC. 3. INCUMBENT LAW ENFORCEMENT OFFICERS.
(a) Treatment of Service Performed by Incumbents.--
(1) Service on or after date of enactment.--Service
performed by an incumbent on or after the date of the enactment
of this Act shall be treated as service performed as a law
enforcement officer under section 8331(20) or 8401(17) of title
5, United States Code, (as the case may be), as amended by
section 2.
(2) Service before date of enactment.--Service performed by
an incumbent before the date of the enactment of this Act
shall, for purposes of subchapter III of chapter 83 and chapter
84 of title 5, United States Code, be treated as service
performed as a law enforcement officer under section 8331(20)
or 8401(17), (as the case may be), as amended by section 2, but
only if a written election is submitted to the Office of
Personnel Management within 5 years after the date of the
enactment of this Act or before separation from Government
service, whichever is earlier.
(b) Individual Contributions for Prior Service.--
(1) In general.--An incumbent who makes an election under
subsection (a)(2) may, with respect to prior service performed
by such incumbent, pay a deposit into the Civil Service
Retirement and Disability Fund equal to the sum of--
(A) the difference between--
(i) the amount that would have been
deducted during the period of prior service
under section 8334 or 8422 of title 5, United
States Code, from the pay of the incumbent if
the amendments made by section 2 had been in
effect during such prior service; and
(ii) the amount that was deducted during
the period of prior service under section 8334
or 8422 of such title; and
(B) interest on the amount described in
subparagraph (A)(i), as computed in accordance with
paragraphs (2) and (3) of section 8334(e) of such title
and regulations promulgated by the Office.
(2) Effect of not contributing.--If no part of or less than
the full amount of the deposit described under paragraph (1) is
paid by an incumbent, all prior service of the incumbent shall
remain fully creditable as a law enforcement officer, but the
resulting annuity shall be reduced in a manner similar to that
described in section 8334(d)(2) of title 5, United States Code,
to the extent necessary to make up the amount unpaid.
(c) Government Contributions for Prior Service.--
(1) In general.--If an incumbent makes an election under
subsection (a)(2), any employing agency that the incumbent was
serving at the time of any prior service shall remit to the
Office, for deposit in the Fund, an amount equal to the sum
of--
(A) the difference between--
(i) the total amount of Government
contributions that would have been paid under
section 8334 or 8423 of title 5, United States
Code, if the amendments made by section 2 had
been in effect during such service; and
(ii) the total amount of Government
contributions paid under section 8334 or 8423
of such title; and
(B) interest on the amount described in
subparagraph (A)(i), as computed in accordance with
paragraphs (2) and (3) of section 8334(e) of such title
and regulations promulgated by the Office.
(2) Contributions to be made ratably.--Government
contributions under this subsection on behalf of an incumbent
shall be made by the agency ratably (on at least an annual
basis) over the 10-year period beginning on the date referred
to in subsection (g)(5).
(d) Exemption From Mandatory Separation.--Notwithstanding section
8335(b) or 8425(b) of title 5, United States Code, a law enforcement
officer shall not be subject to mandatory separation during the 3-year
period beginning on the date of the enactment of this Act.
(e) Regulations.--The Office shall prescribe regulations to carry
out this Act, including regulations for the application of this section
in the case of any individual entitled to a survivor annuity (based on
the service of an incumbent who dies before making an election under
subsection (a)(2)), to the extent of any rights that would then be
available to the decedent (if still living).
(f) Rule of Construction.--Nothing in this section shall be
considered to apply in the case of a reemployed annuitant.
(g) Definitions.--In this section--
(1) the term ``Fund'' means the Civil Service Retirement
and Disability Fund;
(2) the term ``incumbent''--
(A) is first appointed as a law enforcement officer
before the date of the enactment of this Act; and
(B) is serving as such a law enforcement officer on
such date;
(3) the term ``law enforcement officer'' refers to an
individual who satisfies the requirements of section 8331(20)
or 8401(17) of title 5, United States Code (relating to the
definition of a law enforcement officer) by virtue of the
amendments made by section 2;
(4) the term ``Office'' means the Office of Personnel
Management;
(5) the term ``prior service'' means, with respect to any
individual who makes an election under subsection (a)(2),
service performed by such individual before the date on which
appropriate retirement deductions begin to be made in
accordance with such election; and
(6) the term ``service'' refers to service performed as a
law enforcement officer. | Law Enforcement Officers Equity Act Amends the definition of the term "law enforcement officer" under provisions of the Federal Employees Retirement System (FERS) and the Civil Service Retirement System (CSRS) to include: (1) federal employees not otherwise covered by such term whose duties include the investigation or apprehension of suspected or convicted individuals and who are authorized to carry a firearm, (2) such employees of the Internal Revenue Service (IRS) whose duties are primarily the collection of delinquent taxes and the securing of delinquent returns, (3) an employee of the U.S. Postal Inspection Service, and (4) an employee of the Department of Veterans Affairs who is a department police officer. Requires such service that is performed by an incumbent law enforcement officer: (1) on or after enactment of this Act to be treated for all purposes other than retirement as service performed as a law enforcement officer; and (2) before enactment of this Act to be treated for federal retirement purposes as service performed as such an officer only if a written election is submitted to the Office of Personnel Management within five years after enactment of this Act or before separation from government service, whichever is earlier. Allows an incumbent who makes an election to be treated as a law enforcement officer to pay a deposit into the Civil Service Retirement and Disability Fund to cover prior service. Provides that nothing under current law respecting mandatory separation from government service under CSRS or FERS shall cause the mandatory separation of an officer during the three-year period beginning on the enactment of this Act. | Law Enforcement Officers Equity Act |
271 | SECTION 1. DOMESTIC REFUGEE RESETTLEMENT REFORM AND MODERNIZATION.
(a) Definitions.--In this section:
(1) Community-based organization.--The term ``community-
based organization'' means a nonprofit organization providing a
variety of social, health, educational and community services
to a population that includes refugees resettled into the
United States.
(2) Director.--The term ``Director'' means the Director of
the Office of Refugee Resettlement in the Department of Health
and Human Services.
(3) National resettlement agencies.--The term ``national
resettlement agencies'' means voluntary agencies contracting
with the Department of State to provide sponsorship and initial
resettlement services to refugees entering the United States.
(b) Assessment of Refugee Domestic Resettlement Programs.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Comptroller General of the
United States shall conduct a study regarding the effectiveness
of the domestic refugee resettlement programs operated by the
Office of Refugee Resettlement.
(2) Matters to be studied.--In the study required under
paragraph (1), the Comptroller General shall determine and
analyze--
(A) how the Office of Refugee Resettlement defines
self-sufficiency and integration and if these
definitions adequately represent refugees' needs in the
United States;
(B) the effectiveness of Office of Refugee
Resettlement programs in helping refugees to meet self-
sufficiency and integration;
(C) technological solutions for consistently
tracking secondary migration, including opportunities
for interagency data sharing;
(D) the Office of Refugee Resettlement's budgetary
resources and project the amount of additional
resources needed to fully address the unmet needs of
refugees with regard to self-sufficiency and
integration;
(E) the role of community-based organizations in
serving refugees in areas experiencing a high number of
new refugee arrivals;
(F) how community-based organizations can be better
utilized and supported in the Federal domestic
resettlement process;
(G) recertification processes for high-skilled
refugees, specifically considering how to decrease
barriers for Special Immigrant Visa holders to use
their skills; and
(H) recommended statutory changes to improve the
Office of Refugee Resettlement and the domestic refugee
program in relation to the matters analyzed under
subparagraphs (A) through (G).
(3) Report.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General shall submit to
Congress the results of the study required under this
subsection.
(c) Refugee Assistance.--
(1) Assistance made available to secondary migrants.--
Section 412(a)(1) of the Immigration and Nationality Act (8
U.S.C. 1522(a)(1)) is amended by adding at the end the
following:
``(C) The Director shall ensure that assistance under this section
is provided to refugees who are secondary migrants and meet all other
eligibility requirements for such assistance.''.
(2) Report on secondary migration.--Section 412(a)(3) of
such Act (8 U.S.C. 1522(a)(3)) is amended--
(A) by inserting ``(A)'' after ``(3)'';
(B) by striking ``periodic'' and inserting
``annual''; and
(C) by adding at the end the following:
``(B) At the end of each fiscal year, the Director shall submit a
report to Congress that includes--
``(i) States experiencing departures and arrivals due to
secondary migration;
``(ii) likely reasons for migration;
``(iii) the impact of secondary migration on States hosting
secondary migrants;
``(iv) the availability of social services for secondary
migrants in those States; and
``(v) unmet needs of those secondary migrants.''.
(3) Amendments to social services funding.--Section
412(c)(1)(B) of such Act (8 U.S.C. 1522(c)(1)(B)) is amended--
(A) by inserting ``a combination of--'' after
``based on'';
(B) by striking ``the total number'' and inserting
the following:
``(i) the total number''; and
(C) by striking the period at the end and inserting
the following:
``(ii) the total number of all other eligible populations
served by the Office during the period described who are
residing in the State as of the beginning of the fiscal year;
and
``(iii) projections on the number and nature of incoming
refugees and other populations served by the Office during the
subsequent fiscal year.''.
(4) Notice and rulemaking.--Not later than 90 days after
the date of the enactment of this Act and not later than 30
days before the effective date set forth in paragraph (5), the
Director shall--
(A) issue a proposed rule for a new formula by
which grants and contracts are to be allocated pursuant
to the amendments made by paragraph (3); and
(B) solicit public comment regarding such proposed
rule.
(5) Effective date.--The amendments made by this subsection
shall become effective on the first day of the first fiscal
year that begins after the date of the enactment of this Act.
(d) Resettlement Data.--
(1) In general.--The Director shall expand the Office of
Refugee Resettlement's data analysis, collection, and sharing
activities in accordance with the requirements set forth in
paragraphs (2) through (5).
(2) Data on mental and physical medical cases.--The
Director shall--
(A) coordinate with the Centers for Disease Control
and Prevention, national resettlement agencies,
community-based organizations, and State refugee health
programs to track national and State trends on refugees
arriving with Class A medical conditions and other
urgent medical needs;
(B) examine the information sharing process, from
country of arrival through refugee resettlement, to
determine if access to additional mental health data
could--
(i) help determine placements; and
(ii) enable agencies to better prepare to
meet refugee mental health needs; and
(C) in collecting information under this paragraph,
utilize initial refugee health screening data,
including--
(i) a history of severe trauma, torture,
mental health symptoms, depression, anxiety,
and posttraumatic stress disorder recorded
during domestic and international health
screenings; and
(ii) Refugee Medical Assistance utilization
rate data.
(3) Data on housing needs.--The Director shall partner with
State refugee programs, community-based organizations, and
national resettlement agencies to collect data relating to the
housing needs of refugees, including--
(A) the number of refugees who have become
homeless; and
(B) the number of refugees who are at severe risk
of becoming homeless.
(4) Data on refugee employment and self-sufficiency.--The
Director shall gather longitudinal information relating to
refugee self-sufficiency, integration, and employment status
during the 2-year period beginning 1 year after the date on
which the refugees arrived in the United States.
(5) Availability of data.--The Director shall annually--
(A) update the data collected under this
subsection; and
(B) submit a report to Congress that contains the
updated data.
(e) Guidance Regarding Refugee Placement Decisions.--
(1) Consultation.--The Secretary of State shall provide
guidance to national resettlement agencies and State refugee
coordinators on consultation with local stakeholders pertaining
to refugee resettlement.
(2) Best practices.--The Secretary of Health and Human
Services, in collaboration with the Secretary of State, shall
collect best practices related to the implementation of the
guidance on stakeholder consultation on refugee resettlement
from voluntary agencies and State refugee coordinators and
disseminate such best practices to such agencies and
coordinators.
(f) Effective Date.--This section (except for the amendments made
by subsection (c)) shall take effect on the date that is 90 days after
the date of the enactment of this Act. | Requires the Government Accountability Office to study the effectiveness of the Office of Refugee Resettlement's domestic refugee resettlement programs. Requires the Office to: (1) ensure that refugee assistance is provided to qualifying refugees who are secondary migrants; (2) report to Congress regarding states experiencing departures and arrivals due to secondary migration; and (3) expand the Office's data analysis, collection, and sharing activities to include data on mental and physical medical cases, housing needs, and refugee employment. Requires the Department of State and the Department of Health and Human Services to provide refugee resettlement guidance to appropriate national, state, and local entities. | To reform and modernize domestic refugee resettlement programs, and for other purposes. |
272 | SECTION 1. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) When the Economic Growth and Tax Relief Reconciliation
Act of 2001 became law, the tax treatment of section 529
college savings plans was changed so that qualified
distributions were no longer taxed as income. The favorable tax
treatment of college savings plans was made permanent with the
passage of the Pension Protection Act of 2006.
(2) Section 529 college savings plans empower middle-class
families to accumulate savings to offset the rising costs of
attending college.
(3) The latest data from the College Savings Plan Network
shows that there are 11.83 million 529 accounts open throughout
all 50 states, which represent $244.5 billion in total assets.
The average 529 account size is $20,671.
(4) States that sponsor 529 college savings plans have
taken steps to ensure these plans are a tool that all families
can use to save for college, including setting minimum
contributions as low as $25 per month to encourage
participation by families of all income levels.
(5) The President's fiscal year 2016 Budget proposes
raising taxes by taxing certain future distributions made from
529 college savings plans.
(6) The tax proposed by the President would discourage the
use of 529 college savings plans, requiring families and
students to take on more debt.
(7) Purchase of a computer represents a significant higher
education expense and therefore should be eligible for
qualified distributions under 529 college savings plans.
(b) Purpose.--It is the purpose of this Act to--
(1) enact policies that strengthen 529 college savings
plans; and
(2) make 529 plans more modern, consumer-friendly, and
responsive to the realities faced by students today.
SEC. 2. COMPUTER TECHNOLOGY AND EQUIPMENT PERMANENTLY ALLOWED AS A
QUALIFIED HIGHER EDUCATION EXPENSE FOR SECTION 529
ACCOUNTS.
(a) In General.--Section 529(e)(3)(A)(iii) of the Internal Revenue
Code of 1986 is amended to read as follows:
``(iii) expenses for the purchase of
computer or peripheral equipment (as defined in
section 168(i)(2)(B)), computer software (as
defined in section 197(e)(3)(B)), or Internet
access and related services, if such equipment,
software, or services are to be used primarily
by the beneficiary during any of the years the
beneficiary is enrolled at an eligible
educational institution.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2014.
SEC. 3. ELIMINATION OF DISTRIBUTION AGGREGATION REQUIREMENTS.
(a) In General.--Section 529(c)(3) of the Internal Revenue Code of
1986 is amended by striking subparagraph (D).
(b) Effective Date.--The amendment made by this section shall apply
to distributions after December 31, 2014.
SEC. 4. RECONTRIBUTION OF REFUNDED AMOUNTS.
(a) In General.--Section 529(c)(3) of the Internal Revenue Code of
1986, as amended by section 3, is amended by adding at the end the
following new subparagraph:
``(D) Special rule for contributions of refunded
amounts.--In the case of a beneficiary who receives a
refund of any qualified higher education expenses from
an eligible educational institution, subparagraph (A)
shall not apply to that portion of any distribution for
the taxable year which is recontributed to a qualified
tuition program of which such individual is a
beneficiary, but only to the extent such recontribution
is made not later than 60 days after the date of such
refund and does not exceed the refunded amount.''.
(b) Effective Date.--
(1) In general.--The amendment made by this section shall
apply with respect to refunds of qualified higher education
expenses after December 31, 2014.
(2) Transition rule.--In the case of a refund of qualified
higher education expenses received after December 31, 2014, and
before the date of the enactment of this Act, section
529(c)(3)(D) of the Internal Revenue Code of 1986 (as added by
this section) shall be applied by substituting ``not later than
60 days after the date of the enactment of this
subparagraph'' for ``not later than 60 days after the date of
such refund''.
Passed the House of Representatives February 25, 2015.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on February 20, 2015. This bill makes changes to the rules for qualified tuition programs (known as 529 plans). (Sec. 2) The Internal Revenue Code is amended to allow payments from 529 plans for the purchase of computer or peripheral equipment, computer software, or Internet access and related services to be used primarily by a 529 plan beneficiary while enrolled in an eligible educational institution. (Sec. 3) The requirement that distributions from a 529 plan be aggregated for purposes of determining the amount includible in a taxpayer's income is eliminated. (Sec. 4) Students who receive a refund from an eligible educational institution can recontribute such refund to a 529 plan without tax consequences if the recontribution is made not later than 60 days after the date of such refund and does not exceed the refunded amount. | To amend the Internal Revenue Code of 1986 to improve 529 plans. |
273 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quality Nursing Care Act of 2004''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) There are hospitals throughout the United States that
have inadequate staffing of registered nurses to protect the
well-being and health of the patients.
(2) Studies show that the health of patients in hospitals
is directly proportionate to the number of registered nurses
working in the hospital.
(3) There is a critical shortage of registered nurses in
the United States.
(4) The effect of that shortage is revealed in unsafe
staffing levels in hospitals.
(5) Patient safety is adversely affected by these unsafe
staffing levels, creating a public health crisis.
(6) Registered nurses are being required to perform
professional services under conditions that do not support
quality health care or a healthful work environment for
registered nurses.
(7) As a payer for inpatient and outpatient hospital
services for individuals entitled to benefits under the program
established under title XVIII of the Social Security Act, the
Federal Government has a compelling interest in promoting the
safety of such individuals by requiring any hospital
participating in such program to establish minimum safe
staffing levels for registered nurses.
SEC. 3. ESTABLISHMENT OF MINIMUM STAFFING RATIOS BY MEDICARE
PARTICIPATING HOSPITALS.
(a) Requirement of Medicare Provider Agreement.--Section 1866(a)(1)
of the Social Security Act (42 U.S.C. 1395cc(a)(1)), as amended by the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003,
is amended--
(1) by striking ``and'' at the end of subparagraph (U);
(2) by striking the period at the end of subparagraph (V)
and inserting ``, and''; and
(3) by inserting after subparagraph (V) and before the end
matter the following:
``(W) in the case of a hospital--
``(i) to adopt and implement a staffing
system that meets the requirements of section
1898;
``(ii) to meet the requirements of such
section relating to--
``(I) records maintenance;
``(II) data collection; and
``(III) data submission; and
``(iii) to meet the requirements of such
section relating to non-discrimination and
retaliation.''.
(b) Requirements.--Part D of title XVIII of the Social Security
Act, as amended by the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003, is amended by adding at the end the
following:
``staffing requirements for medicare participating hospitals
``Sec. 1898. (a) Establishment of Staffing System.--Each
participating hospital shall adopt and implement a staffing system that
ensures a number of registered nurses on each shift and in each unit of
the hospital to ensure appropriate staffing levels for patient care. A
staffing system adopted and implemented under this section shall--
``(1) be developed on the basis of input from the direct
care-giving registered nurse staff or, where nurses are
represented, with the applicable recognized or certified
collective bargaining representatives of the registered nurses;
``(2) be based upon the number of patients and the level
and variability of intensity of care to be provided, with
appropriate consideration given to admissions, discharges and
transfers during each shift;
``(3) account for contextual issues affecting staffing and
the delivery of care, including architecture and geography of
the environment and available technology;
``(4) reflect the level of preparation and experience of
those providing care;
``(5) account for staffing level effectiveness or
deficiencies in related health care classifications, including
but not limited to, certified nurse assistants, licensed
vocational nurses, licensed psychiatric technicians, nursing
assistants, aides and orderlies;
``(6) reflect staffing levels recommended by specialty
nursing organizations;
``(7) subject to subsection (b), establish upwardly
adjustable registered nurse-to-patient ratios based upon
registered nurses' assessment of patient acuity and existing
conditions;
``(8) provide that a registered nurse shall not be assigned
to work in a particular unit without first having established
the ability to provide professional care in such unit; and
``(9) be based on methods that assure validity and
reliability.
``(b) Limitation.--A staffing system adopted and implemented
pursuant to subsection (a) may not--
``(1) set registered-nurse levels below those required by
any Federal or State law or regulation; or
``(2) utilize any minimum registered nurse-to-patient ratio
established pursuant to subsection (a)(7) as an upper limit on
the staffing of the hospital to which such ratio applies.
``(c) Reporting, and Release to Public, of Certain Staffing
Information.--
``(1) Requirements for hospitals.--Each participating
hospital shall--
``(A) post daily for each shift, in a clearly
visible place, a document that specifies in a uniform
manner (as prescribed by the Secretary) the current
number of licensed and unlicensed nursing staff
directly responsible for patient care in each unit of
the hospital, identifying specifically the number of
registered nurses;
``(B) upon request, make available to the public--
``(i) the nursing staff information
described in subparagraph (A); and
``(ii) a detailed written description of
the staffing system established by the hospital
pursuant to subsection (a); and
``(C) submit to the Secretary in a uniform manner
(as prescribed by the Secretary) the nursing staff
information described in subparagraph (A) through
electronic data submission not less frequently than
quarterly.
``(2) Secretarial responsibilities.--The Secretary shall--
``(A) make the information submitted pursuant to
paragraph (1)(C) publicly available, including by
publication of such information on the Internet site of
the Department of Health and Human Services; and
``(B) provide for the auditing of such information
for accuracy as a part of the process of determining
whether an institution is a hospital for purposes of
this title.
``(d) Record-Keeping; Data Collection; Evaluation.--
``(1) Record-keeping.--Each participating hospital shall
maintain for a period of at least 3 years (or, if longer, until
the conclusion of pending enforcement activities) such records
as the Secretary deems necessary to determine to whether the
hospital has adopted and implemented a staffing system pursuant
to subsection (a).
``(2) Data collection on certain outcomes.--The Secretary
shall require the collection, maintenance, and submission of
data by each participating hospital sufficient to establish the
link between the staffing system established pursuant to
subsection (a) and--
``(A) patient acuity from maintenance of acuity
data through entries on patients' charts;
``(B) patient outcomes that are nursing sensitive,
such as patient falls, adverse drug events, injuries to
patients, skin breakdown, pneumonia, infection rates,
upper gastrointestinal bleeding, shock, cardiac arrest,
length of stay, and patient re-admissions;
``(C) operational outcomes, such as work-related
injury or illness, vacancy and turnover rates, nursing
care hours per patient day, on-call use, overtime
rates, and needle-stick injuries; and
``(D) patient complaints related to staffing
levels.
``(3) Evaluation.--Each participating hospital shall
annually evaluate its staffing system and established minimum
registered nurse staffing ratios to assure on-going reliability
and validity of the system and ratios. The evaluation shall be
conducted by a joint management-staff committee comprised of at
least 50 percent of registered nurses who provide direct
patient care and where nurses are represented, with the
involvement of the applicable recognized or certified
collective bargaining representatives of the registered nurses.
``(e) Enforcement.--
``(1) Responsibility.--The Secretary shall enforce the
requirements and prohibitions of this section.
``(2) Procedures for receiving and investigating
complaints.--The Secretary shall establish procedures under
which--
``(A) any person may file a complaint that a
participating hospital has violated a requirement or a
prohibition of this section; and
``(B) such complaints are investigated by the
Secretary.
``(3) Remedies.--If the Secretary determines that a
participating hospital has violated a requirement of this
section, the Secretary--
``(A) shall require the facility to establish a
corrective action plan to prevent the recurrence of
such violation; and
``(B) may impose civil money penalties under
paragraph (4).
``(4) Civil money penalties.--
``(A) In general.--In addition to any other
penalties prescribed by law, the Secretary may impose a
civil money penalty of not more than $10,000 for each
knowing violation of a requirement of this section,
except that the Secretary shall impose a civil money
penalty of more than $10,000 for each such violation in
the case of a participating hospital that the Secretary
determines has a pattern or practice of such violations
(with the amount of such additional penalties being
determined in accordance with a schedule or methodology
specified in regulations).
``(B) Procedures.--The provisions of section 1128A
(other than subsections (a) and (b)) shall apply to a
civil money penalty under this paragraph in the same
manner as such provisions apply to a penalty or
proceeding under section 1128A.
``(C) Public notice of violations.--
``(i) Internet site.--The Secretary shall
publish on the Internet site of the Department
of Health and Human Services the names of participating hospitals on
which civil money penalties have been imposed under this section, the
violation for which the penalty was imposed, and such additional
information as the Secretary determines appropriate.
``(ii) Change of ownership.--With respect
to a participating hospital that had a change
in ownership, as determined by the Secretary,
penalties imposed on the hospital while under
previous ownership shall no longer be published
by the Secretary of such Internet site after
the 1-year period beginning on the date of
change in ownership.
``(f) Whistle-Blower Protections.--
``(1) Prohibition of discrimination and retaliation.--A
participating hospital shall not discriminate or retaliate in
any manner against any patient or employee of the hospital
because that patient or employee, or any other person, has
presented a grievance or complaint, or has initiated or
cooperated in any investigation or proceeding of any kind,
relating to the staffing system or other requirements and
prohibitions of this section.
``(2) Relief for prevailing employees.--An employee of a
participating hospital who has been discriminated or retaliated
against in employment in violation of this subsection may
initiate judicial action in a United States District Court and
shall be entitled to reinstatement, reimbursement for lost
wages and work benefits caused by the unlawful acts of the
employing hospital. Prevailing employees are entitled to
reasonable attorney's fees and costs associated with pursuing
the case.
``(3) Relief for prevailing patients.--A patient who has
been discriminated or retaliated against in violation of this
subsection may initiate judicial action in a United States
District Court. A prevailing patient shall be entitled to
liquidated damages of $5,000 for a violation of this statute in
addition to any other damages under other applicable statutes,
regulations or common law. Prevailing patients are entitled to
reasonable attorney's fees and costs associated with pursuing
the case.
``(4) Limitation on actions.--No action may be brought
under paragraph (2) or (3) more than 2 years after the
discrimination or retaliation with respect to which the action
is brought.
``(5) Treatment of adverse employment actions.--For
purposes of this subsection--
``(A) an adverse employment action shall be treated
as `retaliation or discrimination'; and
``(B) an adverse employment action includes--
``(i) the failure to promote an individual
or provide any other employment-related benefit
for which the individual would otherwise be
eligible;
``(ii) an adverse evaluation or decision
made in relation to accreditation,
certification, credentialing, or licensing of
the individual; and
``(iii) a personnel action that is adverse
to the individual concerned.
``(g) Rules of Construction.--
``(1) Relationship to state laws.--Nothing in this section
shall be construed as exempting or relieving any person from
any liability, duty, penalty, or punishment provided by any
present or future law of any State or political subdivision of
a State, other than any such law which purports to require or
permit the doing of any act which would be an unlawful practice
under this title.
``(2) Relationship to conduct prohibited under the national
labor relations act.--Nothing in this section shall be
construed as permitting conduct prohibited under the National
Labor Relations Act or under any other federal, State, or local
collective bargaining law.
``(h) Regulations.--The Secretary shall promulgate such regulations
as are appropriate and necessary to implement this Act.
``(i) Definitions.--For purposes of this section--
``(1) the term `participating hospital' means a hospital
that has entered into a provider agreement under section 1866;
``(2) the term `registered nurse' means an individual who
has been granted a license to practice as a registered nurse in
at least one State;
``(3) the term `unit' of a hospital is an organizational
department or separate geographic area of a hospital, such as a
burn unit, a labor and delivery room, a post-anesthesia service
area, an emergency department, an operating room, a pediatric
unit, a step-down or intermediate care unit, a specialty care
unit, a telemetry unit, a general medical care unit, a subacute
care unit, and a transitional inpatient care unit;
``(4) a `shift' is a scheduled set of hours or duty period
to be worked at a participating hospital; and
``(5) a `person' includes one or more individuals,
associations, corporations, unincorporated organizations or
labor unions.''.
(c) Effective Date.--The amendments made by this section shall
become effective on January 1, 2005. | Quality Nursing Care Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to require under new Medicare part D (Voluntary Prescription Drug Benefit Program) that each participating hospital adopt and implement a staffing system that ensures a number of registered nurses on each shift and in each unit of the hospital to ensure appropriate staffing levels for patient care. Outlines whistle-blower protections. | To amend title XVIII of the Social Security Act to impose minimum nurse staffing ratios in Medicare participating hospitals, and for other purposes. |
274 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsible Homeowner Refinancing
Act of 2012''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``current borrower'' means a mortgagor who is
current on the subject mortgage at the time of the refinancing,
and has had no late payments in the preceding 6 months and not
more than 1 late payment in the preceding 12 months;
(2) the term ``eligible mortgage'' means any mortgage
that--
(A) is an existing first mortgage that was made for
purchase of, or refinancing of another first mortgage
on, a 1- to 4-family dwelling, including a condominium
or a share in a cooperative ownership housing
association, on or before May 31, 2010;
(B) is owned or guaranteed by an enterprise;
(C) with respect to which, the mortgagor is a
current borrower; and
(D) includes existing first mortgages with a loan-
to-value ratio of less than 80 percent.
(3) the term ``enterprise'' means the Federal National
Mortgage Association and the Federal Home Loan Mortgage
Corporation;
(4) the terms ``FHFA'' and ``Director'' mean the Federal
Housing Finance Agency and the Director thereof, respectively;
(5) the terms ``Home Affordable Refinance Program'' and
``Program'' mean the Home Affordable Refinance Program,
administered by the FHFA and the enterprises as part of the
Making Home Affordable initiative announced on March 4, 2009;
(6) the term--
(A) ``LTV'' means loan-to-value, or the ratio of
the amount of the primary mortgage on a property to the
value of that property; and
(B) ``CLTV'' means combined loan-to-value, or the
ratio of all mortgage debt on a property to the value
of the property;
(7) the term ``junior lien'' means a mortgage on the same
property that is--
(A) used as collateral for the eligible mortgage;
and
(B) in a subordinate position in terms of priority
and recording status;
(8) the term ``same servicer'' means a lender that is
providing refinancing for a borrower whose loan they already
service;
(9) the term ``qualified lender'' means a lender who is
eligible to make refinancing loans under the Program;
(10) the terms ``guarantee fee'' has the same meanings as
in section 1327(a) of the Housing and Community Development Act
of 1992 (12 U.S.C. 4547(a)); and
(11) the term ``average fees'' means the average
contractual fee rate of single-family guaranty arrangements by
an enterprise entered into during 2012, plus the recognition of
any up-front cash payments over an estimated average life,
expressed in terms of basis points, such definition to be
interpreted in a manner consistent with the annual report on
guarantee fees by the FHFA.
SEC. 3. STREAMLINED REFINANCING CRITERIA.
(a) In General.--In carrying out the Home Affordable Refinance
Program, each enterprise shall adopt and adhere to the criteria
established under this section.
(b) Borrower Eligibility.--The enterprises shall include as
eligible borrowers in the Home Affordable Refinance Program all current
borrowers who have an eligible mortgage and meet those underwriting
requirements for eligibility for same servicer refinancing in the
Program as of March 1, 2012, except that the enterprises may not
disqualify or impose varying rules within the Program for borrowers
based on LTV, CLTV, employment status or income.
(c) Representations and Warranties.--The enterprises shall not
require of any lender providing a loan under the Program any
representations or warranties for such a loan--
(1) for the value, marketability, condition, or property
type, as evidenced by the appraisal or alternative valuation
methods, if that lender complies with the enterprises' required
methods and standards for ordering an appraisal under the
Program; or
(2) that are not required of same servicers under the
Program as of March 1, 2012, whether that loan is manually
underwritten or underwritten through an automated system,
except that, under no circumstances shall greater
representations and warranties be required for a loan that is
manually underwritten than for one that is underwritten through
an automated system.
(d) Prohibition on Up-Front Fees.--In carrying out the Program, the
enterprises may not charge the qualified lender any loan level price
adjustment, post settlement delivery fee, adverse delivery charge, or
other similar up-front fee.
(e) Appraisals.--The enterprises shall develop and allow
alternative streamlined methods to determine the value of the property
for which refinancing is sought through the Program that eliminate the
costs to the borrower and lender associated with such determination.
Until such time as such method is developed, and when the existing
automated valuation models of the enterprises are unable to determine
the value of a certain property for which refinancing is sought through
the Program, the enterprises shall bear the costs associated with the
use of manual appraisal of that property, without passing on such costs
to the borrower or lender.
(f) Resubordination of Junior Liens.--
(1) In general.--If the holder of a junior lien fails to
resubordinate that lien, thereby preventing the refinancing of
the eligible mortgage through the Program into a new mortgage,
the holder of the junior lien shall be liable for an amount
equal to 5.0 percent of the first mortgage balance, unless--
(A) the new mortgage would increase the first
mortgage payment;
(B) the new mortgage would increase the loan
balance by more than 3 percent or $3,000, whichever is
greater;
(C) the new mortgage is an adjustable rate mortgage
or has a term exceeding 30 years;
(D) the borrower has violated the due-on-sale
clause at any time;
(E) the subordination would put the junior lien at
risk of a bankruptcy strip down;
(F) the lender seeking to originate the loan
through the Program has a lien on the original loan, or
services the loan for a party, that is already in a
junior position to the junior lien holder; or
(G) the underlying trust documents for the junior
lien, as of March 1, 2012, explicitly prohibit the
servicer of the junior lien from impacting the security
interest of the notes through resubordination.
(2) FHFA authority.--At the discretion of the Director, the
FHFA may add to the list of exceptions in paragraph (1)
additional exceptions when the Director determines a refinance
would significantly increase the risk faced by the junior lien
holder, and in which a failure to resubordinate would be
justifiable.
(3) Actions by enterprises.--Upon submission to an
enterprise of documentation by a qualified lender or eligible
borrower that the holder of a junior lien has failed to
resubordinate its lien, thereby preventing the refinancing of
the eligible mortgage through the Program into a new mortgage,
the enterprise shall charge the junior lien holder and recoup
the fine described in paragraph (1), as applicable, and shall
apply the payment to the balance of the borrower's first
mortgage.
(4) Limitations on liabilities.--A junior lien holder shall
not be liable to the enterprise or to anyone else for the fine
described in paragraph (1) if, within 30 days of the
enterprise's written determination that a junior lien holder
has failed to resubordinate its lien for any reason other than
those specified in paragraph (1), that lien holder agrees to
resubordinate its lien in compliance with this section.
(g) Carryover of Mortgage Insurance.--
(1) In general.--If a mortgage insurer backing an eligible
mortgage fails to transfer coverage to a new mortgage
refinanced through the Program or places additional
underwriting criteria or fees beyond those required by the
Program as a condition of transfer approval, thereby preventing
the refinancing of the eligible mortgage through the Program,
that mortgage insurer shall be liable for an amount equal to
5.0 percent of the first mortgage balance, unless the new
mortgage--
(A) would increase the first mortgage payment;
(B) would increase the loan balance by more than 3
percent or $3,000, whichever is greater;
(C) is an adjustable rate mortgage or has a term
exceeding 30 years; or
(D) the borrower has violated the due-on-sale
clause at any time.
(2) Actions by enterprises.--Upon submission to an
enterprise of documentation by a qualified lender or eligible
borrower that the mortgage insurer has prevented the refinance
of an eligible mortgage through the Program into a new
mortgage, the enterprise shall charge the mortgage insurer and
recoup the fine described in paragraph (1), as applicable, and
shall apply the payment to the balance of the borrower's first
mortgage.
(3) Limitation on liability.--A mortgage insurer shall not
be liable to the enterprise or to anyone else for the fine
described in paragraph (1) if, within 30 days of the
enterprise's written determination that a mortgage insurer has
prevented the refinancing of an eligible mortgage for any
reason other than those specified in paragraph (1), that
mortgage insurer agrees to transfer coverage in compliance with
this section.
(h) Limitation.--Notwithstanding any other provision of law, the
enterprises shall not be prevented from purchasing or guaranteeing a
mortgage resulting from the refinancing of an eligible mortgage
pursuant to this section and subject to all other provisions of this
section.
(i) Guarantee Fees.--
(1) In general.--
(A) Average fee.--On each mortgage refinanced under
the Program in accordance with this section, the
enterprises shall set the average fee required under
this Act, as determined by the Director in an amount
not less than the average fees imposed in 2012 for such
guarantees. The Director shall prohibit an enterprise
from offsetting the cost of the fee to the mortgage
originators, borrowers, and investors by decreasing
other charges, fees, or premiums, or in any other
manner.
(B) Authority to limit offer of guarantee.--The
Director shall prohibit an enterprise from consummating
any offer for a guarantee to a lender for mortgage-
backed securities, if the guarantee is inconsistent
with the requirements of this section.
(2) Information collection and analysis.--The Director
shall require each enterprise to provide to the Director, as
part of its annual report submitted to Congress, for loans
refinanced under the Program--
(A) a description of changes made to up-front fees
and annual fees as part of the guarantee fees
negotiated with lenders; and
(B) an assessment of how the changes in the
guarantee fees described in subparagraph (A) met the
requirements of paragraph (1).
(j) Regulations.--Not later than 30 days after the date of
enactment of this Act, the Director shall issue any regulations or
guidance necessary to carry out the changes to the Program established
under this section, which regulations or guidance shall be put into
effect not later than 90 days after the date of enactment of this Act.
(k) Termination.--The requirements of this section shall expire
concurrent with the expiration of the Program.
SEC. 4. INFORMATION FOR BORROWERS ON ELIGIBILITY FOR THE PROGRAM.
(a) Notice to Borrowers.--Not later than 60 days after the date of
enactment of this Act, the enterprises shall notify all borrowers with
a mortgage owned or guaranteed by an enterprise about the Program and
its eligibility criteria, and inform borrowers of the website required
under subsection (b).
(b) Public Access to Eligibility Criteria.--The Director shall
establish, and the enterprises shall display a link on their homepages
to, a single website where borrowers may--
(1) determine their potential eligibility for participation
in the Program;
(2) see a complete list of and links to participating
lenders;
(3) use a mortgage refinance calculator to calculate
potential payment savings based on different interest rates;
and
(4) obtain tips on refinancing their loan.
SEC. 5. CONSISTENT REFINANCING GUIDELINES REQUIRED.
Not later than 60 days after the date of enactment of this Act, the
FHFA shall issue guidance to require the enterprises to make their
refinancing guidelines consistent to ease lender compliance
requirements, and in particular with respect to loans with less than an
80 percent loan-to-value ratio and closing cost policies of the
enterprises, which regulations or guidance shall be put into effect not
later than 90 days after the date of enactment of this Act.
SEC. 6. PROGRESS REPORTS.
The Director shall provide to Congress monthly reports on the
progress of the Program, and each enterprise shall include and
disclose, as part of its filings with the Securities and Exchange
Commission on Form 10-Q, Form 10-K, or any successors thereto, detailed
information on each enterprise's progress and results in implementing
and executing the Program. | Responsible Homeowners Refinancing Act of 2012 - Requires the Federal National Mortgage Association (Fannie Mae) and Federal Home Loan Mortgage Corporation (Freddie Mac) (government sponsored enterprises or GSEs), in carrying out the Home Affordable Refinance Program, to adopt specified criteria pertaining to: (1) borrower eligibility, (2) representations and warranties, (3) prohibition on up-front fees, (4) alternative streamlined methods to appraise the value of a property, (5) an administrative penalty for lien-holder refusal to resubordinate junior liens, (6) carryover of mortgage insurance, and (7) guarantee fees.
Requires the GSE to notify all borrowers with a mortgage owned or guaranteed by a GSE about the Program and its eligibility criteria, and inform borrowers of the website required below.
Directs the Director of the Federal Housing Finance Agency (FHFA) to establish a single website where borrowers may: (1) determine their potential eligibility for participation in the Program, (2) see a complete list of and links to participating lenders, (3) use a mortgage refinance calculator to calculate potential payment savings based on different interest rates, and (4) obtain tips on refinancing their loan.
Directs the FHFA to issue guidelines to require the GSEs to make their refinancing guidelines consistent to ease lender compliance requirements, particularly with respect to: (1) loans with less than an 80% loan-to-value ratio, and (2) GSE closing cost policies. | A bill to provide for the expansion of affordable refinancing of mortgages held by the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. |
275 | OF IDENTITY THEFT DISPUTES.
The Commission shall require entities that receive disputes
regarding the unauthorized use of accounts of such entities from
consumers that have reason to believe that they are a victim of
identity theft to conduct any necessary investigation and decide an
outcome of a claim within 90 days from the date on which all necessary
information to investigate the claim has been submitted to the entity.
SEC. 204. IMPROVEMENTS TO CONSUMER CLEARINGHOUSE.
The Commission shall utilize the Identity Theft Clearinghouse to
permit consumers that have a reasonable belief that they are victim of
identity theft to submit any information relevant to such identity
theft to the Clearinghouse (including by means of an Identity Theft
Affidavit), so that such information may be transmitted by the
Clearinghouse to appropriate entities for necessary protective action
and to mitigate losses resulting from such identity theft.
SEC. 205. IMPROVED IDENTITY THEFT DATA.
(a) In General.--The Commission shall--
(1) establish a process to contact, not less than annually,
public and private entities that receive and process complaints
from consumers that have a reasonable belief that they are a
victim of identity theft; and
(2) obtain accurate data on the incidences and nature of
complaints from such entitles.
(b) Inclusion in Database.--Such information shall be made part of
the Commission's Identity Theft Clearinghouse database.
SEC. 206. CHANGE OF ADDRESS PROTECTIONS.
The Commission shall require appropriate entities to take
reasonable steps to verify the accuracy of a consumer's address,
including by confirming a consumer's change of address by sending a
confirmation of such change to the old and the new address of the
consumer.
SEC. 207. EFFECTIVE DATE.
This title shall take effect 180 days after the date of enactment
of this Act.
TITLE III--INTERNATIONAL PROVISIONS
SEC. 301. STUDY BY COMPTROLLER GENERAL.
The Comptroller General of the United States shall conduct a study
and issue a report analyzing the impact on the interstate and foreign
commerce of the United States of information privacy laws, regulations,
or agreements enacted, promulgated, or adopted by other nations,
including regional or international agreements between nations, and
whether the enforcement mechanisms or procedures of those laws,
regulations, or agreements result in discriminatory treatment of United
States entities. The first report under this section shall be issued
not later than 120 days after the date of enactment of this Act and
subsequent reports shall be issued every 3 years thereafter.
SEC. 302. REMEDIATION OF DISCRIMINATORY IMPACT BY SECRETARY OF
COMMERCE.
If the Comptroller General of the United States finds, in the study
and report under subsection (a), that such information privacy laws,
regulations, or agreements substantially impede interstate and foreign
commerce of the United States and that the enforcement mechanisms or
procedures of the information privacy laws, regulations, or agreements
described in such subsection result in discriminatory treatment of
United States entities, the Secretary of Commerce shall, to the extent
permitted by law take all steps necessary to mitigate against such
discriminatory impact within 180 days after the report making such
findings is issued.
SEC. 303. EFFECT OF NONREMEDIATION.
(a) Recommendations.--If by the end of the 180-day period described
in section 302, the Secretary of Commerce has not attained complete
relief from the discriminatory impact described in such subsection, the
Secretary shall report to the Congress and the President
recommendations on action to relieve any such remaining discriminatory
impact.
(b) Federal Agency Action After Consideration by Congress.--During
the period after the Secretary reports recommendations under subsection
(b) for mitigation of discriminatory impact and before the Congress
acts with respect to such recommendations, no officer or employee of
any Federal agency may take or continue any action to enjoin, or impose
any penalty on, a United States entity, or a citizen or legal resident
of the United States, for the purpose of fulfilling an international
obligation of the United States under an international privacy
agreement (other than such an obligation under a ratified treaty) that
resulted in such discriminatory impact.
SEC. 304. HARMONIZATION OF INTERNATIONAL PRIVACY LAWS, REGULATIONS, AND
AGREEMENTS.
Beginning on the date of enactment of this Act, the Secretary of
Commerce shall provide notice of the provisions of this Act to other
nations, individually, or as members of international organizations or
unions that have enacted, promulgated, or adopted information privacy
laws, regulations, or agreements, and shall seek recognition of this
Act by such nations, organizations, or unions. The Secretary shall seek
the harmonization of this Act with such information privacy laws,
regulations, or agreements, to the extent such harmonization is
necessary for the advancement of transnational commerce, including
electronic commerce.
TITLE IV--GENERAL PROVISIONS
SEC. 401. DEFINITIONS.
In this Act:
(1) The term ``Commission'' means the Federal Trade
Commission.
(2) The term ``consumer'' means an individual acting in the
individual's personal, family, or household capacity.
(3)(A) The term ``data collection organization'' means an
entity (or an agent or affiliate of the entity) that collects
(by any means, through any medium), sells, discloses for
consideration, or uses personally identifiable information of
the consumer.
(B) Such term does not include--
(i) a governmental agency; or
(ii) a not-for-profit entity, to the extent that
personally identifiable information is not used for a
commercial purpose; or
(iii) an entity that--
(I) has annual gross revenue under
$1,000,000 (based on the value of such amount
in fiscal year 2000, adjusted for current
dollars);
(II) has fewer than 25 employees;
(III) collects or uses personally
identifiable information from fewer than 1,000
consumers for a purpose unrelated to a
transaction with the consumer;
(IV) does not process personally
identifiable information of consumers; and
(V) does not sell or disclose for
consideration such information to another
person.
(4)(A) The term ``personally identifiable information'',
with respect to a data collection organization means
individually identifiable information relating to a living
individual who can be identified from that information.
(B) Such term includes--
(i) first and last name, whether given at birth or
adoption, assumed, or legally changed;
(ii) home or other physical address including
street name and name of a city or town;
(iii) electronic mail address;
(iv) telephone number;
(v) social security number; or
(vi) any other unique identifying information that
a data collector and processor collects and combines
with any information described in the preceding
subparagraphs of this paragraph.
(C) Such term does not include--
(i) anonymous or aggregate data, or any other
information that does not identify a unique living
individual;
(ii) information about a consumer inferred from
data maintained about a consumer; or
(iii) information about a consumer obtained from a
public record.
(5) The term ``affiliate'' means any company that controls,
is controlled by, or is under common control with another
company.
(6) The term ``information-sharing partner'' means, with
respect to a data collection organization, an entity that is
contractually obligated to comply with the practices enumerated
under the privacy policy statement of the organization required
under section 102.
(7) The term ``process'', with respect to personally
identifiable information, means any value-added activity
performed on data by automated means.
(8) The term ``transaction'' means an interaction between a
consumer and a data collection organization resulting in--
(A) any use of information that is necessary to
complete the interaction in the course of which
information is collected, or to maintain the
provisioning of a good or service requested by the
consumer, including use--
(i) to approve, guarantee, process,
administer, complete, enforce, provide, or
market a product, service, account, benefit,
transaction, or payment method that is
requested or approved by the consumer; or
(ii) to deliver goods, services, funds, or
other consideration to, or on behalf of, the
consumer;
(B) any disclosure of information that is necessary
for the consumer to enforce any right of the consumer;
(C) any disclosure of information that is required
by law or by a court order; and
(D) any use of information to evaluate, detect, or
reduce the risk of fraud or other criminal activity, or
other risk-management activities.
(9) The term ``display'' means intentionally communicating
or otherwise making available (on the Internet or in any other
manner) to another person.
(10) The term ``public record'' means any item, collection,
or grouping of information about an individual that is
maintained by a Federal, State, or local government entity and
that is made available to the public.
(11) The term ``purchase'' means providing, directly or
indirectly, anything of value in exchange for a benefit.
(12) The term ``State'' includes the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, American Samoa,
Guam, the Virgin Islands, the Freely Associated States, and any
other territory or possession of the United States. | Consumer Privacy Protection Act of 2002 - Requires data collection organizations, under specified conditions, to notify consumers: (1) at the time of collection that their personally identifiable information may be used for an unrelated transaction purpose; and (2) of any material change in the organization's privacy policy statement immediately after each change.Requires the organizations to establish a privacy policy with respect to the collection, sale, disclosure for consideration, or use of the consumer's information.Requires an organization to provide consumers, without charge, the opportunity to preclude the sale or disclosure of their information to any organization that is not an information-sharing partner. Allows a consumer an opportunity to limit other information practices of the organization.Directs an organization to prepare and implement an information security policy that prevents the unauthorized disclosure or release of a consumer's information.Requires the Federal Trade Commission (FTC) to presume that an organization is in compliance with this Act if it participates in an approved self-regulatory program for an eight-year period.Directs the FTC to: (1) facilitate electronic and promote the use of common identity theft affidavits; (2) require the timely resolution of identity theft disputes; (3) utilize the Identity Theft Clearinghouse to transmit information to appropriate entities for protective action and to mitigate losses; and (4) provide change of address protection for consumers.Requires: (1) the Comptroller General to analyze the impact on U.S. interstate and foreign commerce of information privacy laws, regulations, or agreements enacted, promulgated, or adopted by other nations, and whether the enforcement mechanisms or procedures of them result in discriminatory treatment of U.S. entities; and (2) the Secretary of Commerce, based on such results, to take steps to mitigate against such discriminatory impact.Directs the Secretary to seek harmonization of this Act with other international privacy laws, regulations, and agreements for the advancement of transnational and electronic commerce. | To protect and enhance consumer privacy, and for other purposes. |
276 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Howard M. Metzenbaum Menu Education
and Labeling Act'' or the ``Howard M. Metzenbaum MEAL Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) research continues to reveal that--
(A) there is a strong link between diet and health;
and
(B) diet-related diseases start early in life;
(2)(A) increased caloric intake is a key factor
contributing to the alarming increase in obesity in the United
States;
(B) Americans' average calorie intake increased by
approximately 200 calories per day between 1977 and 1996, with
restaurant and fast food accounting for the fastest growing
source of those calories;
(C) according to the Centers for Disease Control and
Prevention, \2/3\ of American adults is overweight or obese,
and an estimated 34 percent of children and adolescents aged 2
to 19 is overweight or obese;
(D) obesity increases the risk of diabetes, heart disease,
stroke, several types of cancer, and other health problems; and
(E) the annual cost of obesity to families, businesses, and
governments in the United States is $123,000,000,000, half of
which is paid through Medicare and Medicaid;
(3) over the past 2 decades, there has been a significant
increase in the number of meals prepared or eaten outside the
home, with an estimated \1/3\ of calories and almost half of
total food dollars being spent on food purchased from or eaten
at restaurants and other food-service establishments;
(4) studies link eating outside the home with obesity and
higher caloric intakes, and children eat almost twice as many
calories when they eat a meal at a restaurant compared to a
meal they eat at home;
(5)(A) excess saturated fat intake is a major risk factor
for heart disease, which is the leading cause of death in the
United States; and
(B) heart disease is a leading cause of disability among
working adults and its impact on the United States economy is
significant, estimated in 2008 to total $156,400,000,000 in
healthcare expenditures and lost productivity;
(6)(A) increased sodium intake is associated with increased
risk of high blood pressure, or hypertension, a condition that
can lead to cardiovascular disease, especially stroke; and
(B) the proportion of adults with high blood pressure is 45
percent at age 50, 60 percent at age 60, and more than 70
percent at age 70;
(7) the Nutrition Labeling and Education Act of 1990
(Public Law 101-535) requires food manufacturers to provide
nutrition information on almost all packaged foods; however,
restaurant foods are exempt from those requirements unless a
nutrient content or health claim is made for a menu item;
(8)(A) about 75 percent of adults reports using food labels
on packaged foods, which is associated with eating more
healthful diets, and approximately half of adults reports that
the nutrition information on food labels has caused them to
change their minds about buying a food product; and
(B) studies have shown that the provision of nutrition
information for away-from-home foods has a positive influence
on food purchase decisions;
(9) an important benefit of mandatory nutrition labeling on
packaged foods has been the reformulation of existing products
and the introduction of new, nutritionally-improved products,
such as trans fat labeling on packaged food that led many
packaged food companies to reformulate their products to remove
trans fat;
(10)(A) because people have a right to information,
companies are required to provide information regarding the
fuel-efficiency of automobiles, what clothes are made of, care
instructions for clothing, and energy and water consumption of
certain home appliances; and
(B) people need nutritional information to manage their
weight and reduce the risk of, or manage, heart disease,
diabetes, and high blood pressure, which are leading causes of
death, disability, and high health care costs;
(11)(A) it is difficult for consumers to exercise personal
responsibility and limit their intake of calories at
restaurants, given the limited availability of nutrition
information at the point of ordering in restaurants;
(B) standard portion sizes in fast food and chain
restaurants have grown since the 1970s; and
(C) several studies show that people are unable to identify
from among popular fast food and other chain restaurant menu
items those items with the fewest, and those items with the
most, calories;
(12) the Food and Drug Administration, Surgeon General,
Department of Health and Human Services, National Cancer
Institute, Institute of Medicine of the National Academies,
American Diabetes Association, American Heart Association, and
American Medical Association recommend that there be increased
availability of nutrition information for foods eaten and
prepared away from home; and
(13) menu labeling policies have been introduced in more
than 30 States and localities, and menu labeling policies have
passed in California; New York City; Multnomah County
(Portland), Oregon; King County (Seattle), Washington; and
Philadelphia, Pennsylvania.
SEC. 3. NUTRITION LABELING OF STANDARD MENU ITEMS AT CHAIN RESTAURANTS
AND OF ARTICLES OF FOOD SOLD FROM VENDING MACHINES.
(a) Labeling Requirements.--Section 403(q)(5) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 343(q)(5)) is amended by adding at
the end the following:
``(H) Restaurants, Retail Food Establishments, and Vending
Machines.--
``(i) General requirements for restaurants and similar
retail food establishments.--Except for food described in
subclause (vii), in the case of food that is a menu item that
is served, processed, or prepared in a restaurant or similar
retail food establishment that is part of a chain with 20 or
more locations doing business under the same name (regardless
of the type of ownership of the locations) and offering for
sale substantially the same menu items the restaurant or
establishment shall disclose the information described in
subclauses (ii) and (iii).
``(ii) Information required to be disclosed by restaurants
and retail food establishments.--Except as provided in
subclause (vii), the restaurant or similar retail food
establishment shall disclose in a clear and conspicuous
manner--
``(I)(aa) in a statement adjacent to the name of
the standard menu item, so as to be clearly associated
with the standard menu item, on any menu listing the
item for sale--
``(AA) the number of calories;
``(BB) grams of saturated fat plus trans
fat;
``(CC) grams of carbohydrate; and
``(DD) milligrams of sodium,
per standard menu item, as usually prepared and
offered for sale; and
``(bb) information, specified by the Secretary by
regulation, provided in a prominent location on the
menu and designed to enable the public to understand,
in the context of a total daily diet, the significance
of the nutrition information that is provided, such as
recommended daily limits for calories, saturated fat,
and sodium;
``(II) in a statement adjacent to the name of the
standard menu item, so as to be clearly associated with
the standard menu item, on any menu board, including a
drive-through menu board or other sign listing the item
for sale--
``(aa) the number of calories contained in the menu
item, as usually prepared and offered for sale;
``(bb) notification that the information required
by subitem (aa) of item (I) is available in writing at
the point of ordering; and
``(cc) information, specified by the Secretary by
regulation and posted prominently on the menu board,
designed to enable the public to understand, in the
context of a total daily diet, the significance of the
nutrition information that is provided.
``(iii) Self-service food and food on display.--In the case
of food sold at a salad bar, buffet line, cafeteria line, or
similar self-service facility, and for self-service beverages
or food that is on display and that is visible to customers, a
restaurant or similar retail food establishment shall place
adjacent to each food offered a sign that lists calories per
displayed food item or per serving.
``(iv) Nutrition analysis.--For the purposes of this
clause, a restaurant or similar retail food establishment shall
obtain the nutrient analysis required by this clause using
analytic methods and express nutrient content in a manner
consistent with this Act.
``(v) Menu variability and combination meals.--The
Secretary shall establish by regulation standards for labeling
menu items that come in different flavors, varieties, or
combinations, but which are listed as a single menu item, such
as soft drinks, ice cream, pizza, doughnuts, or children's
combination meals.
``(vi) Additional information.--If the Secretary determines
that a nutrient other than those for which a statement is
required under subclause (ii)(I) should be included in labeling
of menu items for the purpose of providing information to
assist consumers in maintaining healthy dietary practices, the
Secretary may promulgate regulations requiring that such
information be included in labeling at restaurants and similar
retail food establishments.
``(vii) Nonapplicability to certain food.--Subclauses (i)-
(vi) do not apply to--
``(I) items that are not listed on a menu or menu
board (such as condiments and other items placed on the
table or counter for general use); or
``(II) daily specials, temporary menu items
appearing on the menu for less than 30 days, or custom
orders.
``(viii) Vending machines.--
``(I) In general.--In the case of an article of
food sold from a vending machine that--
``(aa) does not permit a prospective
purchaser to examine the Nutrition Facts Panel
before purchasing the article or does not
otherwise provide visible nutrition information
at the point of purchase; and
``(bb) is operated by a person who is
engaged in the business of owning or operating
20 or more vending machines,
the vending machine operator shall provide a sign in
close proximity to each article of food or the
selection button that includes a clear and conspicuous
statement disclosing the number of calories contained
in the article.
``(ix) Voluntary provision of nutrition information; state
regulation of nutrition information for restaurant food and
food sold from vending machines.--
``(I) Additional information.--Nothing in this
clause precludes a restaurant or similar retail food
establishment or a vending machine operator from
providing additional nutrition information,
voluntarily, if the information complies with the
nutrition labeling requirements under this Act.
``(II) Other food establishments and vending
machine operators.--Nothing in this clause precludes a
restaurant or similar retail food establishment or a
vending machine operator that is not required to
disclose nutrition information under this clause from
providing nutrition information voluntarily, if the
information complies with the nutrition labeling
requirements under this subparagraph.
``(III) State or local requirements.--Nothing in
this clause precludes a State or political subdivision
of a State from requiring that a restaurant or similar
retail food establishment or a vending machine
operator, including a restaurant or similar retail food
establishment or vending machine operator that is not
required to disclose nutrition information under this
clause, provide nutrition information in addition to
that required under this clause.
``(x) Regulations.--
``(I) Proposed regulation.--Not later than 1 year
after the date of enactment of this clause, the
Secretary shall promulgate proposed regulations to
carry out this clause.
``(II) Contents.--The regulations shall allow for
reasonable variations in serving sizes and in food
preparation that may result from inadvertent human
error, training of food service workers, variations in
ingredients, and other factors.
``(III) Reporting.--The Secretary shall submit to
the Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Energy and Commerce
of the House of Representatives a quarterly report that
describes the Secretary's progress toward promulgating
final regulations under this subparagraph.''.
(b) Non-Preemption.--Subsection (a)(4) of section 403A of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343-1(a)(4)) is amended
by inserting ``or a labeling requirement under section 403(q)(5)(H)''
after ``section 403(q)(5)(A)''. | Howard M. Metzenbaum Menu Education and Labeling Act or the Howard M. Metzenbaum MEAL Act - Amends the Federal Food, Drug, and Cosmetic Act to require chain restaurants with 20 or more locations doing business under the same trade name to disclose: (1) in a statement adjacent to a standard menu item, the number of calories, grams of saturated plus trans fat, grams of carbohydrate, and milligrams of sodium in each such item; (2) other information designed to enable the public to understand the significance of the nutrition information provided in the context of a total daily diet; (3) that such nutrition information is available in writing at the point of ordering; and (4) the number of calories in food on a drive-through menu board, adjacent to each menu item. Exempts condiments, items placed on a table or counter for general use, daily specials, and temporary menu items.
Requires restaurants that sell self-serve food and beverages, such as through a salad bar, buffet line, or cafeteria lines, to place a sign that lists the number of calories per serving adjacent to each food item or beverage offered.
Requires vending machine operators who operate 20 or more vending machines to provide a conspicuous sign disclosing the number of calories contained in each article of food dispensed from such machines.
Permits restaurants and vending machine operators to voluntarily provide, and states to require, additional nutritional information. | A bill to amend the Federal Food, Drug, and Cosmetic Act to extend the food labeling requirements of the Nutrition Labeling and Education Act of 1990 to enable customers to make informed choices about the nutritional content of standard menu items in large chain restaurants. |
277 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eliminating Kickbacks in Recovery
Act of 2018''.
SEC. 2. CRIMINAL PENALTIES.
(a) In General.--Chapter 11 of title 18, United States Code, is
amended by inserting after section 219 the following:
``Sec. 220. Illegal remunerations for referrals to recovery homes and
clinical treatment facilities
``(a) Offense.--Except as provided in subsection (c), it shall be
unlawful to, in or affecting interstate or foreign commerce, knowingly
and willfully--
``(1) solicit or receive any remuneration (including any
kickback, bribe, or rebate) directly or covertly, in cash or in
kind, in return for referring a patient or patronage to a
recovery home or clinical treatment facility;
``(2) being a recovery home or clinical treatment facility,
or an officer or employee of a recovery home or clinical
treatment facility acting in the course of their employment,
pay or offering any remuneration (including any kickback,
bribe, or rebate) directly or covertly, in cash or in kind,
to--
``(A) a person in exchange for the person referring
an individual to that recovery home or clinical
treatment facility; or
``(B) an individual in exchange for that individual
using the services of that recovery home or clinical
treatment facility; or
``(3) being a clinical service provider, or an officer or
employee of a clinical service provider acting in the course of
their employment, pay, solicit, or receive any remuneration
(including any kickback, bribe, or rebate) directly or
covertly, in cash or in kind, to a recovery home or clinical
treatment facility, or to an officer or employee of a recovery
home or clinical treatment facility, in exchange for referring
an individual with a substance use disorder to a clinical
service provider for clinical services.
``(b) Penalty.--Any person who violates subsection (a) shall be
fined not more than $200,000, imprisoned not more than 10 years, or
both.
``(c) Applicability.--Subsection (a) shall not apply to--
``(1) a discount or other reduction in price obtained by a
provider of services or other entity under a health care
benefit program if the reduction in price is properly disclosed
and appropriately reflected in the costs claimed or charges
made by the provider or entity;
``(2) any amount paid by an employer to an employee (who
has a bona fide employment relationship with such employer) for
employment in the provision of covered items or services and
the employee's remuneration is not determined by the number of
individuals referred to a particular recovery home or clinical
treatment facility;
``(3) any amount paid by a vendor of goods or services to a
person authorized to act as a purchasing agent for a group of
individuals or entities who are furnishing services reimbursed
if--
``(A) the person has a written contract, with each
such individual or entity, which specifies the amount
to be paid to the person, which amount may be a fixed
amount or a fixed percentage of the value of the
purchases made by each such individual or entity under
the contract; and
``(B) in the case of a recovery home or clinical
treatment facility that is a provider of services, the
person discloses to the health care benefit program the
remuneration received from each such vendor with
respect to purchases made by or on behalf of the
entity;
``(4) a discount in the price of an applicable drug of a
manufacturer that is furnished to an applicable beneficiary
under the Medicare coverage gap discount program under section
1860D-14A(g) of the Social Security Act (42 U.S.C. 1395w-
114a(g));
``(5) any payment made by a principal to an agent as
compensation for the services of the agent under a personal
services and management contract that meets the requirements of
section 1001.952(d) of title 42, Code of Federal Regulations,
as in effect on the date of enactment of this section;
``(6) a waiver or discount (as defined in section
1001.952(h)(5) of title 42, Code of Federal Regulations, as in
effect on the date of enactment of this section) of any
coinsurance or copayment by a health care benefit program, as
determined by the health care benefit program; or
``(7) any remuneration between a health center or entity
described under clause (i) or (ii) of section 1905(l)(2)(B) of
the Social Security Act (42 U.S.C. 1396d(l)(2)(B)) and any
individual or entity providing goods, items, services,
donations, loans, or a combination thereof, to such health
center entity pursuant to a contract, lease, grant, or other
agreement, if such agreement contributes to the ability of the
health center entity to maintain or increase the availability,
or enhance the quality, of services provided to a medically
underserved population served by the health center entity.
``(d) Intent Requirement.--With respect to a violation of this
section, a person need not have actual knowledge of this section or
specific intent to commit a violation of this section.
``(e) Definitions.--In this section--
``(1) the terms `applicable beneficiary' and `applicable
drug' have the meanings given those terms in section 1860D-
14A(g) of the Social Security Act (42 U.S.C. 1395w-114a(g));
``(2) the term `clinical treatment facility' means a
medical setting other than a hospital that provides
detoxification, risk reduction, outpatient treatment,
residential treatment, or rehabilitation for substance use;
``(3) the term `health care benefit program' has the
meaning given the term in section 24(b); and
``(4) the term `recovery home' means a shared living
environment free from alcohol and illicit drug use and centered
on peer support and connections to promote sustained recovery
from substance use disorders.''.
(b) Clerical Amendment.--The table of sections for chapter 11 of
title 18, United States Code, is amended by inserting after the item
related to section 219 the following:
``220. Illegal remunerations for referrals to recovery homes and
clinical treatment facilities.''. | Eliminating Kickbacks in Recovery Act of 2018 This bill amends the federal criminal code make it a crime to knowingly and willfully solicit, receive, pay, or offer payment for referrals to a recovery home or clinical treatment facility, subject to limitations. A violator is subject to criminal penalties—a fine, a prison term of up to 10 years, or both. | Eliminating Kickbacks in Recovery Act of 2018 |
278 | 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 WORKPLACE WELLNESS PROGRAMS.
(a) Uniformity Across Federal Agencies.--
(1) Programs offered in conjunction with an employer-
sponsored health plan.--
(A) In general.--Notwithstanding any other
provision of law, a workplace wellness program and any
program of health promotion or disease prevention
offered by an employer in conjunction with an employer-
sponsored health plan that complies with section
2705(j) of the Public Health Service Act (42 U.S.C.
300gg-4(j)) (and any regulations promulgated with
respect to such section by the Secretary of Labor, the
Secretary of Health and Human Services, or the
Secretary of the Treasury) shall be considered to be in
compliance with the following provisions (to the extent
such programs are subject to the Acts described in such
provisions):
(i) the acceptable examinations and
inquiries set forth in section 102(d)(4)(B) of
the Americans with Disabilities Act of 1990 (42
U.S.C. 12112(d)(4)(B));
(ii) section 2705(d) of the Public Health
Service Act (42 U.S.C. 300gg-4(d)); and
(iii) section 202(b)(2) of the Genetic
Information Nondiscrimination Act of 2008 (42
U.S.C. 2000ff-1(b)(2)).
(B) Safe harbor.--Notwithstanding any other
provision of law, section 501(c)(2) of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12201(c)(2))
shall apply to any workplace wellness program or
program of health promotion or disease prevention
offered by an employer in conjunction with an employer-
sponsored health plan.
(2) Other programs offering more favorable treatment for
adverse health factors.--Notwithstanding any other provision of
law, a workplace wellness program and a program of health
promotion or disease prevention offered by an employer that
provides for more favorable treatment of individuals with
adverse health factors as described in section 146.121(g) of
title 45, Code of Federal Regulations (or any successor
regulations) shall be considered to be in compliance with--
(A) the acceptable examinations and inquiries set
forth in section 102(d)(4)(B) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12112(d)(4)(B));
(B) section 2705(d) of the Public Health Service
Act (42 U.S.C. 300gg-4(d)); and
(C) section 202(b)(2) of the Genetic Information
Nondiscrimination Act of 2008 (42 U.S.C. 2000ff-
1(b)(2)).
(3) Programs not offered in conjunction with an employer-
sponsored health plan.--
(A) In general.--Notwithstanding any other
provision of law, a workplace wellness program and any
program of health promotion or disease prevention
offered by an employer that are not offered in
conjunction with an employer-sponsored health plan that
is not described in section 2705(j) of the Public
Health Service Act (42 U.S.C. 300gg-4(j)) that meet the
requirement set forth in subparagraph (B) shall be
considered to be in compliance with--
(i) the acceptable examinations and
inquiries as set forth in section 102(d)(4)(B)
of the Americans with Disabilities Act of 1990
(42 U.S.C. 12112(d)(4)(B));
(ii) section 2705(d) of the Public Health
Service Act (42 U.S.C. 300gg-4(d)); and
(iii) section 202(b)(2) of the Genetic
Information Nondiscrimination Act of 2008 (42
U.S.C. 2000ff-1(b)(2)).
(B) Limitation on rewards.--The requirement
referenced in subparagraph (A) is that any reward
provided or offered by a program described in such
subparagraph shall be less than or equal to the maximum
reward amounts provided for by section 2705(j)(3)(A) of
the Public Health Service Act (42 U.S.C. 300gg-
4(j)(3)(A)), and any regulations promulgated with
respect to such section by the Secretary of Labor, the
Secretary of Health and Human Services, or 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 as part of a workplace wellness program described in subsection
(a) 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 term
``family member''has the meaning given such term in section 201 of the
Genetic Information Nondiscrimination Act (Public Law 110-233).
(c) Rule of Construction.--Nothing in subsection (a)(1)(A) shall be
construed to prevent an employer that is offering a wellness program to
an employee from requiring such employee, within 45 days from the date
the employee first has an opportunity to earn a reward, to request a
reasonable alternative standard (or waiver of the otherwise applicable
standard). Nothing in subsection (a)(1)(A) shall be construed to
prevent an employer from imposing a reasonable time period, based upon
all the facts and circumstances, during which the employee must
complete the reasonable alternative standard. Such 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)) (and any regulations promulgated with
respect to such section by the Secretary of Labor, the Secretary of
Health and Human Services, or the Secretary of the Treasury). | Preserving Employee Wellness Programs Act (Sec. 3) This bill exempts workplace wellness programs from: (1) limitations under the Americans with Disabilities Act of 1990 on medical examinations and inquiries of employees, (2) the prohibition on collecting genetic information in connection with issuing health insurance, and (3) limitations under the Genetic Information Nondiscrimination Act of 2008 on collecting the genetic information of employees or family members of employees. This exemption applies to workplace wellness programs that comply with limits on rewards for employees participating in the program. Workplace wellness programs may provide for more favorable treatment of individuals with adverse health factors, such as a disability. Collection of information about a disease or disorder of a family member as part of a workplace wellness program is not an unlawful acquisition of genetic information about another family member. | Preserving Employee Wellness Programs Act |
279 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``South Utah Valley Electric
Conveyance Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) District.--The term ``District'' means the South Utah
Valley Electric Service District, organized under the laws of
the State of Utah.
(2) Electric distribution system.--The term ``Electric
Distribution System'' means fixtures, irrigation, or power
facilities lands, distribution fixture lands, and shared power
poles.
(3) Fixtures.--The term ``fixtures'' means all power poles,
cross-members, wires, insulators and associated fixtures,
including substations, that--
(A) comprise those portions of the Strawberry
Valley Project power distribution system that are rated
at a voltage of 12.5 kilovolts and were constructed
with Strawberry Valley Project revenues; and
(B) any such fixtures that are located on Federal
lands and interests in lands.
(4) Irrigation or power facilities lands.--The term
``irrigation or power facilities lands'' means all Federal
lands and interests in lands where the fixtures are located on
the date of the enactment of this Act and which are encumbered
by other Strawberry Valley Project irrigation or power
features, including lands underlying the Strawberry Substation.
(5) Distribution fixture lands.--The term ``distribution
fixture lands'' means all Federal lands and interests in lands
where the fixtures are located on the date of the enactment of
this Act and which are unencumbered by other Strawberry Valley
Project features, to a maximum corridor width of 30 feet on
each side of the centerline of the fixtures' power lines as
those lines exist on the date of the enactment of this Act.
(6) Shared power poles.--The term ``shared power poles''
means poles that comprise those portions of the Strawberry
Valley Project Power Transmission System, that are rated at a
voltage of 46.0 kilovolts, are owned by the United States, and
support fixtures of the Electric Distribution System.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. CONVEYANCE OF ELECTRIC DISTRIBUTION SYSTEM.
(a) In General.--Inasmuch as the Strawberry Water Users Association
conveyed its interest, if any, in the Electric Distribution System to
the District by a contract dated April 7, 1986, and in consideration of
the District assuming from the United States all liability for
administration, operation, maintenance, and replacement of the Electric
Distribution System, the Secretary shall, as soon as practicable after
the date of the enactment of this Act and in accordance with all
applicable law convey and assign to the District without charge or
further consideration--
(1) all of the United States right, title, and interest in
and to--
(A) all fixtures owned by the United States as part
of the Electric Distribution System; and
(B) the distribution fixture land;
(2) license for use in perpetuity of the shared power poles
to continue to own, operate, maintain, and replace Electric
Distribution Fixtures attached to the shared power poles; and
(3) licenses for use and for access in perpetuity for
purposes of operation, maintenance, and replacement across,
over, and along--
(A) all project lands and interests in irrigation
and power facilities lands where the Electric
Distribution System is located on the date of the
enactment of this Act that are necessary for other
Strawberry Valley Project facilities (the ownership of
such underlying lands or interests in lands shall
remain with the United States), including lands
underlying the Strawberry Substation; and
(B) such corridors where Federal lands and
interests in lands--
(i) are abutting public streets and roads;
and
(ii) can provide access that will
facilitate operation, maintenance, and
replacement of facilities.
(b) Compliance With Environmental Laws.--
(1) In general.--Before conveying lands, interest in lands,
and fixtures under subsection (a), the Secretary shall comply
with all applicable requirements under--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); and
(C) any other law applicable to the land and
facilities.
(2) Effect.--Nothing in this Act modifies or alters any
obligations under--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); or
(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(c) Power Generation and 46kV Transmission Facilities Excluded.--
Except for the uses as granted by license in Shared Power Poles under
section 3(a)(2), nothing in this Act shall be construed to grant or
convey to the District or any other party, any interest in any
facilities shared or otherwise that comprise a portion of the
Strawberry Valley Project power generation system or the federally
owned portions of the 46 kilovolt transmission system which ownership
shall remain in the United States.
SEC. 4. EFFECT OF CONVEYANCE.
On conveyance of any land or facility under section 3(a)(1)--
(1) the conveyed and assigned land and facilities shall no
longer be part of a Federal reclamation project;
(2) the District shall not be entitled to receive any
future Bureau or Reclamation benefits with respect to the
conveyed and assigned land and facilities, except for benefits
that would be available to other non-Bureau of Reclamation
facilities; and
(3) the United States shall not be liable for damages
arising out of any act, omission, or occurrence relating to the
land and facilities, including the transaction of April 7,
1986, between the Strawberry Water Users Association and
Strawberry Electric Service District.
SEC. 5. REPORT.
If a conveyance required under section 3 is not completed by the
date that is 1 year after the date of the enactment of this Act, not
later than 30 days after that date, the Secretary shall submit to
Congress a report that--
(1) describes the status of the conveyance;
(2) describes any obstacles to completing the conveyance;
and
(3) specifies an anticipated date for completion of the
conveyance. | (This measure has not been amended since it was reported to the House on September 23, 2011. The summary of that version is repeated here.)
South Utah Valley Electric Conveyance Act - Requires the Secretary of the Interior, insofar as the Strawberry Water Users Association conveyed its interest in an electric distribution system to the South Utah Valley Electric Service District, to convey and assign to the District: (1) all interest of the United States in all fixtures owned by the United States as part of the electric distribution system and the federal lands and interests where the fixtures are located, (2) license for use in perpetuity of the shared power poles, and (3) licenses for use and access in perpetuity to specified project lands and interests and corridors where federal lands and interests are abutting public streets and roads and can provide access to facilities.
Requires the District to assume all liability from the United States for the administration, operation, maintenance, and replacement of such electric distribution system.
Requires the Secretary, before conveying such lands, interests, and fixtures, to be in compliance with all applicable requirements under the National Environmental Policy Act of 1969, the Endangered Species Act of 1973, and any other law applicable to such land and facilities.
Prohibits anything, except for the uses as granted by license in the shared power poles, from being construed as granting or conveying to the District or any other party, any interest in any facilities comprising a part of the Strawberry Valley Project power generation system or the federally owned parts of the 46 kilovolt transmission system, the ownership of which shall remain in the United States.
Prohibits, upon conveyance of any land or facility under this Act: (1) the conveyed and assigned land and facilities from any longer being considered as part of a federal reclamation project; (2) the District from being entitled to receive any future Bureau of Reclamation benefits respecting such land and facilities, except for those that would be available to other non-Bureau facilities; and (3) the United States from being liable for damages arising out of any act, omission, or occurrence related to the land and facilities, including the transaction specified above between the Association and the District.
Requires the Secretary to report to Congress on the status of such conveyance, any obstacles to completing it, and the anticipated date for its completion, if the conveyance is not completed within one year of enactment of this Act. | To direct the Secretary of the Interior to convey certain Federal features of the electric distribution system to the South Utah Valley Electric Service District, and for other purposes. |
280 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defense of the Environment Act of
1997''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that provisions that reduce
protection of the environment have been included in legislation without
adequate consideration and an opportunity for Members to vote on the
provisions.
(b) Purpose.--The purposes of this Act are to--
(1) require Members of Congress to vote in the House of
Representatives and the Senate on provisions included in
legislation that reduce protection of the environment; and
(2) require the Office of Management and Budget to ensure
that each department or agency makes available to Congress and
the public information to assist in assessing whether
provisions included in legislation would reduce protection of
the environment.
SEC. 3. APPLICABLE PROVISIONS.
(a) In General.--This Act shall apply to any provision in a bill,
joint resolution, amendment, or conference report before Congress that
reduces protection of the environment.
(b) Provisions Reducing Protection.--A provision shall be
considered to reduce protection of the environment if the provision
meets the criteria of one or more of the following paragraphs:
(1) Defense of clean air and water.--The provision may
allow increased pollution of ambient air, indoor air, surface
water, ground water, the oceans, or other terrestrial or
aquatic resources.
(2) Defense of national parks and public lands.--The
provision may--
(A) cause adverse impacts on the environmental
quality of national parks or other public lands,
including the effect of decreasing the quantity or
quality of outdoor educational or recreational
opportunities on such lands; or
(B) diminish protection of species that may be
endangered.
(3) Defense of children's environmental health.--The
provision may increase children's exposure to environmental
contaminants and other environmental risks.
(c) Other Provisions.--A provision shall also be considered to
reduce protection of the environment if the provision may have the
effect of shielding any violators of environmental laws from penalties
or limiting judicial review of agency action under the authority of any
environmental law.
(d) Baseline for Effects.--The baseline for determining the effects
of a provision described in subsection (b) or (c) shall be the
circumstances that would exist if the provision were not enacted.
SEC. 4. DUTIES OF CONGRESSIONAL COMMITTEES.
(a) In General.--When a committee of the House of Representatives
or Senate or a committee of conference reports a bill or joint
resolution of public character that includes any provision that reduces
protection of the environment, the report of the committee accompanying
the bill or joint resolution (or the statement of managers accompanying
the conference report) shall contain each of the following:
(1) An identification and description of any provision in
the bill or joint resolution or conference report that reduces
protection of the environment.
(2) A qualitative and, if practicable, a quantitative
assessment of the extent of the reduction in protection of the
environment.
(3) A description of the actions, if any, taken by the
committee to avoid the reduction in protection of the
environment.
(4) Any statement received under section 5.
SEC. 5. DUTIES OF THE COMPTROLLER GENERAL.
(a) Statement.--For each bill or joint resolution of a public
character reported by any committee of the House of Representatives or
the Senate, and for each report by a committee of conference, the
Comptroller General of the United States, upon a request of the
committee or a majority of the members of the minority party or
majority party of the committee, shall, prior to the filing of the
report, prepare and submit to the committee a statement assessing the
extent to which the provisions of the bill, joint resolution, or
conference report reduce protection of the environment.
(b) Assistance to Committees and Studies.--At the request of any
committee of the Senate or the House of Representatives, the
Comptroller General shall, to the extent practicable, consult with and
assist such committee in assessing the extent to which the provisions
of a bill, joint resolution, or conference report reduce the protection
of the environment.
SEC. 6. DUTIES OF OFFICE OF MANAGEMENT OF BUDGET.
(a) In General.--The Director of the Office of Management and
Budget shall ensure that each department or agency of the United
States--
(1) collects and catalogs available information that would
assist in assessing whether any provision in a bill, joint
resolution, amendment, or conference report before Congress
would reduce protection of the environment;
(2) coordinates, organizes and facilitates the availability
of such information for use by Congress; and
(3) ensures that such information is readily available to
the Comptroller General for purposes of fulfilling duties under
section 5 of this Act or for other purposes.
(b) Public Availability.--The Director of the Office of Management
and Budget shall ensure that each department or agency of the United
States makes information collected and cataloged pursuant to subsection
(a) readily available to the public.
SEC. 7. LEGISLATION SUBJECT TO POINT OF ORDER.
(a) In General.--It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint resolution,
or conference report that is reported by a committee unless the
committee has complied with section 4.
(b) Procedure in the House of Representatives.--It shall not be in
order in the House of Representatives to consider a rule or order that
waives the application of subsection (a).
SEC. 8. DEBATE ON PROVISIONS REDUCING PROTECTION.
(a) Amendment of House Rules.--Rule XVI of the Rules of the House
of Representatives is amended by adding at the end the following:
``(11) Notwithstanding the adoption of any rule or motion to limit
or close debate it shall always be in order, as question of high
privilege, to move to strike from any bill, joint resolution, or
amendment any provision that reduces protection of the environment
(within the meaning of section 3 of the Defense of the Environment Act
of 1997). Such motion shall take precedence over a motion for the
previous question on such bill, joint resolution, or amendment and it
shall be in order to debate any such motion for 40 minutes, one-half of
such time shall be given to debate in favor of, and one-half of such
times in opposition to, such motion.''.
(b) Vote in Senate.--Notwithstanding the adoption of any rule or
motion to limit or close debate it shall always be in order, as
question of high privilege in the Senate, to move to strike from any
bill, joint resolution, amendment, or conference report any provision
that reduces protection of the environment (within the meaning of
section 3 of the Defense of the Environment Act of 1997). Such motion
shall take precedence over a motion for the previous question on such
bill, joint resolution, amendment, or conference report, and it shall
be in order to debate any such motion for 40 minutes, one-half of such
time shall be given to debate in favor of, and one-half of such times
in opposition to, such motion.
(c) Conference Reports and Senate Amendments.--
(1) Conference reports.--Clause (4) of Rule XXVIII of the
Rules of the House of Representatives is amended as follows:
(A) In subsection (a) after ``if such matter has
been offered as an amendment in the House'' by
inserting ``or containing any provision that reduces
protection of the environment (within the meaning of
section 3 of the Defense of the Environment Act of
1997)''.
(B) In subsections (a), (b), and (c), by striking
out ``nongermane matter'' in each place it appears and
inserting ``matter or provision''.
(2) Senate amendments.--Clause (5) of Rule XXVII of the
Rules of the House of Representatives is amended as follows:
(A) In subsection (a) after ``if such matter had
been offered as an amendment in the House'' by
inserting ``or that reduces protection of the
environment (within the meaning of section 3 of the
Defense of the Environment Act of 1997)''.
(B) In subsections (a), (b), and (c), by striking
out ``nongermane matter'' in each place it appears and
inserting ``matter or provision''.
(d) Exercise of Rulemaking Powers.--The provisions of this section
and sections 4 and 7 are enacted by Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such they
shall be considered as part of the rules of such House,
respectively, and such rules shall supersede other rules only
to the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to such
House) at any time, in the same manner, and to the same extent
as in the case of any other rule of each House.
SEC. 9. EFFECTIVE DATE.
This Act shall take effect on the date of enactment. | Defense of the Environment Act of 1997 - Requires any report of a congressional committee or committee of conference accompanying a public bill or joint resolution that includes any provision that reduces environmental protection to contain: (1) an identification and description of the provision; (2) an assessment of the extent of such reduction; (3) a description of any actions to avoid such reduction; and (4) any statement received from the Comptroller General, upon request of the committee or a majority of either the minority or majority members of the committee, assessing the reduction.
Deems a provision to reduce environmental protection if it may: (1) allow increased pollution; (2) adversely affect the environmental quality of public lands or diminish protection of species that may be endangered; (3) increase children's exposure to environmental contaminants and other environmental risks; or (4) have the effect of shielding environmental law violators or limiting judicial review of agency action under authority of any environmental law.
Provides for consultation and assistance of the Comptroller General at the request of any committee. Requires the Director of the Office of Management and Budget to ensure that each Federal agency: (1) collects and catalogs available information that would assist in assessing whether any bill, joint resolution, amendment, or conference report provision would reduce environmental protection; (2) facilitates the availability of such information for Congress' use; and (3) makes such information readily available to the Comptroller General for purposes of fulfilling the assessment and consultation duties described above. Requires such information to be made publicly available.
Makes out of order in the House of Representatives and the Senate the consideration of any reported bill or joint resolution, or conference report, unless the committee has complied with the identification and assessment provisions of this Act. Makes any rule waiving these provisions out of order in the House.
Amends the Rules of the House of Representatives with respect to the consideration and striking of provisions reducing environmental protection within the meaning of this Act. Provides Senate procedures for the striking of such provisions. | Defense of the Environment Act of 1997 |
281 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Captive Primate Safety Act''.
SEC. 2. ADDITION OF NONHUMAN PRIMATES TO DEFINITION OF PROHIBITED
WILDLIFE SPECIES.
Section 2(g) of the Lacey Act Amendments of 1981 (16 U.S.C.
3371(g)) is amended by inserting before the period at the end ``or any
nonhuman primate''.
SEC. 3. CAPTIVE WILDLIFE AMENDMENTS.
(a) Prohibited Acts.--Section 3 of the Lacey Act Amendments of 1981
(16 U.S.C. 3372) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting
``or'' after the semicolon;
(ii) in subparagraph (B)(iii), by striking
``; or'' and inserting a semicolon; and
(iii) by striking subparagraph (C); and
(B) in paragraph (4), by inserting ``or subsection
(e)'' before the period; and
(2) in subsection (e)--
(A) by striking ``(e)'' and all that follows
through paragraph (1) and inserting the following:
``(e) Captive Wildlife Offense.--
``(1) In general.--It is unlawful for any person to import,
export, transport, sell, receive, acquire, or purchase in
interstate or foreign commerce, or in a manner substantially
affecting interstate or foreign commerce, any live animal of
any prohibited wildlife species.''; and
(B) in paragraph (2)--
(i) by striking so much as precedes
subparagraph (A) and inserting the following:
``(2) Limitation on application.--Paragraph (1) does not
apply to any person who--'';
(ii) in subparagraph (A), by inserting
before the semicolon at the end ``and does not
allow direct contact between the public and
prohibited wildlife species'';
(iii) in subparagraph (B), by striking
``State-licensed wildlife rehabilitator,'';
(iv) in subparagraph (C)--
(I) in clauses (ii) and (iii), by
striking ``animals listed in section
2(g)'' each place it appears and
inserting ``prohibited wildlife
species'';
(II) in clause (iv), by striking
``animals'' and inserting ``prohibited
wildlife species''; and
(III) by striking ``or'' after the
semicolon at the end;
(v) in subparagraph (D)--
(I) by striking ``animal'' each
place it appears and inserting
``prohibited wildlife species''; and
(II) by striking the period at the
end and inserting ``; or''; and
(vi) by adding at the end the following:
``(E) is transporting a nonhuman primate solely for
the purpose of assisting an individual who is
permanently disabled with a severe mobility impairment,
if--
``(i) the nonhuman primate is a single
animal of the genus Cebus;
``(ii) the nonhuman primate was obtained
from, and trained at, a licensed nonprofit
organization that before July 18, 2008, was
exempt from taxation under section 501(a) of
the Internal Revenue Code of 1986 and described
in sections 501(c)(3) and 170(b)(1)(A)(vi) of
such Code on the basis that the mission of the
organization is to improve the quality of life
of severely mobility-impaired individuals;
``(iii) the person transporting the
nonhuman primate is a specially trained
employee or agent of a nonprofit organization
described in clause (ii) that is transporting
the nonhuman primate to or from a designated
individual who is permanently disabled with a
severe mobility impairment;
``(iv) the person transporting the nonhuman
primate carries documentation from the
applicable nonprofit organization that includes
the name of the designated individual referred
to in clause (iii);
``(v) the nonhuman primate is transported
in a secure enclosure that is appropriate for
that species;
``(vi) the nonhuman primate has no contact
with any animal or member of the public, other
than the designated individual referred to in
clause (iii); and
``(vii) the transportation of the nonhuman
primate is in compliance with--
``(I) all applicable State and
local restrictions regarding the
transport; and
``(II) all applicable State and
local requirements regarding permits or
health certificates.''.
(b) Civil Penalties.--Section 4(a) of the Lacey Act Amendments of
1981 (16 U.S.C. 3373(a)) is amended--
(1) in paragraph (1), by inserting ``(e),'' after
``subsections (b), (d),''; and
(2) in paragraph (1), by inserting ``, (e),'' after
``subsection (d)''.
(c) Criminal Penalties.--Section 4(d) of the Lacey Act Amendments
of 1981 (16 U.S.C. 3373(d)) is amended--
(1) in paragraphs (1)(A) and (1)(B) and in the first
sentence of paragraph (2), by inserting ``(e),'' after
``subsections (b), (d),'' each place it appears; and
(2) in paragraph (3), by inserting ``, (e),'' after
``subsection (d)''.
(d) Effective Date; Regulations.--
(1) Effective date.--Subsections (a) through (c), and the
amendments made by those subsections, shall take effect on the
earlier of--
(A) the date of promulgation of regulations under
paragraph (2); and
(B) the expiration of the period referred to in
paragraph (2).
(2) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior shall
promulgate regulations implementing the amendments made by this
section.
SEC. 4. APPLICABILITY PROVISION AMENDMENT.
Section 3 of the Captive Wildlife Safety Act (117 Stat. 2871;
Public Law 108-191) is amended--
(1) in subsection (a), by striking ``(a) In General.--
Section 3'' and inserting ``Section 3''; and
(2) by striking subsection (b).
SEC. 5. REGULATIONS.
Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C.
3376(a)) is amended by adding at the end the following:
``(3) The Secretary shall, in consultation with other
relevant Federal and State agencies, promulgate regulations to
implement section 3(e).''. | Captive Primate Safety Act - Amends the Lacey Act Amendments of 1981 to add nonhuman primates to the definition of "prohibited wildlife species" for purposes of the prohibition against the sale or purchase of such species in interstate or foreign commerce. Makes it unlawful for a person to import, export, transport, sell, receive, acquire, or purchase a live animal of any prohibited wildlife species in interstate or foreign commerce (i.e., for pet trade purposes). Modifies exceptions to such prohibition, including by making it inapplicable to a person who is: (1) a licensed and inspected person who does not allow direct contact between the public and prohibited wildlife species, and (2) transporting a single primate of the genus Cebus that was obtained from and trained by a charitable organization to assist a permanently disabled individual with a severe mobility impairment. Sets forth civil and criminal penalties for violations of the requirements of this Act. | Captive Primate Safety Act |
282 | SECTION 1. CREDIT FOR RECYCLING OR REMANUFACTURING EQUIPMENT.
(a) In General.--Section 46 of the Internal Revenue Code of 1986
(relating to amount of investment credit) is amended by striking
``and'' at the end of paragraph (3), by striking the period at the end
of paragraph (4) and inserting ``, and'', and by adding at the end the
following new paragraph:
``(5) the reclamation credit.''.
(b) Reclamation Credit.--Subpart E of part IV of subchapter A of
chapter 1 of such Code (relating to rules for computing investment
credit) is amended by inserting after section 48B the following new
section:
``SEC. 48C. RECYCLING OR REMANUFACTURING EQUIPMENT.
``(a) In General.--For purposes of section 46, the reclamation
credit for any taxable year is 20 percent of the basis of each
qualified reclamation property placed in service during the taxable
year.
``(b) Qualified Reclamation Property.--
``(1) In general.--For purposes of this section, the term
`qualified reclamation property' means property--
``(A) which is qualified recycling property or
qualified remanufacturing property,
``(B) which is tangible property (not including a
building and its structural components),
``(C) with respect to which depreciation (or
amortization in lieu of depreciation) is allowable,
``(D) which has a useful life of at least 5 years,
and
``(E) which is--
``(i) acquired by purchase (as defined in
section 179(d)(2)) by the taxpayer if the
original use of such property commences with
the taxpayer, or
``(ii) constructed by or for the taxpayer.
``(2) Dollar limitation.--
``(A) In general.--The basis of qualified
reclamation property taken into account under paragraph
(1) for any taxable year shall not exceed $10,000,000
for a taxpayer.
``(B) Treatment of controlled group.--For purposes
of subparagraph (A)--
``(i) all component members of a controlled
group shall be treated as one taxpayer, and
``(ii) the Secretary shall apportion the
dollar limitation in such subparagraph among
the component members of such controlled group
in such manner as he shall by regulation
prescribe.
``(C) Treatment of partnerships and s
corporations.--In the case of a partnership, the dollar
limitation in subparagraph (A) shall apply with respect
to the partnership and with respect to each partner. A
similar rule shall apply in the case of an S
corporation and its shareholders.
``(D) Controlled group defined.--For purposes of
subparagraph (B), the term `controlled group' has the
meaning given such term by section 1563(a), except that
`more than 50 percent' shall be substituted for `at
least 80 percent' each place it appears in section
1563(a)(1).
``(c) Certain Progress Expenditure Rules Made Applicable.--Rules
similar to the rules of subsections (c)(4) and (d) of section 46 (as in
effect on the day before the date of the enactment of the Revenue
Reconciliation Act of 1990) shall apply for purposes of this
subsection.
``(d) Definitions.--For purposes of this section--
``(1) Qualified recycling property.--The term `qualified
recycling property' means equipment used exclusively to
collect, distribute, or sort used ferrous or nonferrous metals.
The term does not include equipment used to collect,
distribute, or sort precious metals such as gold, silver, or
platinum unless such use is coincidental to the collection,
distribution, or sorting of other used ferrous or nonferrous
metals.
``(2) Qualified remanufacturing property.--The term
`qualified remanufacturing property' means equipment used
primarily by the taxpayer in the business of rebuilding or
remanufacturing a used product or part, but only if--
``(A) the rebuilt or remanufactured product or part
includes 50 percent or less virgin material, and
``(B) the equipment is not used primarily in a
process occurring after the product or part is rebuilt
or remanufactured.
``(e) Coordination With Rehabilitation and Energy Credits.--For
purposes of this section--
``(1) the basis of any qualified reclamation property shall
be reduced by that portion of the basis of any property which
is attributable to qualified rehabilitation expenditures (as
defined in section 47(c)(2)) or to the energy percentage of
energy property (as determined under section 48(a)), and
``(2) expenditures taken into account under either section
47 or 48(a) shall not be taken into account under this
section.''.
(c) Special Basis Adjustment Rule.--Paragraph (3) of section 50(c)
of such Code (relating to basis adjustment to investment credit
property) is amended by inserting ``or reclamation credit'' after
``energy credit''.
(d) Clerical Amendment.--The table of sections for subpart E of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 48B the following new
item:
``Sec. 48C. Recycling or remanufacturing equipment.''.
(e) Effective Date.--The amendments made by this section shall
apply to property placed in service on or after January 1, 2007. | Amends the Internal Revenue Code to allow a tax credit for investment in qualified reclamation property. Defines "qualified reclamation property" as tangible depreciable recycling or remanufacturing property with a useful life of at least five years. Limits the amount of such credit to 20% of the basis (not exceeding $10 million) of qualified reclamation property placed in service during a taxable year. | To amend the Internal Revenue Code of 1986 to allow a credit against income tax for recycling or remanufacturing equipment. |
283 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Access to Nurse-Midwife
Care Act of 2004''.
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. | Improving Access to Nurse-Midwife Care Act of 2004 - 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.
Authorizes payment for such services to a person or entity (or the agent of such person or entity) the certified nurse-midwife (CNM) or certified midwife (CM) may designate under an agreement between the CNM or CM and such person or entity (by implication, including a free-standing birth center). | A bill 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. |
284 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Investment and Growth
Act''.
SEC. 2. MAXIMUM SMALL BUSINESS TAX RATE.
(a) In General.--Section 1 of the Internal Revenue Code of 1986
(relating to tax imposed) is amended by adding at the end the following
new subsection:
``(i) Maximum Small Business Tax Rate.--
``(1) In general.--Except as provided in paragraph (4), if
a taxpayer has taxable small business income for any taxable
year to which this subsection applies, then the tax imposed by
this section shall not exceed the sum of--
``(A) a tax computed at the rates and in the same
manner as if this subsection had not been enacted on
the greater of--
``(i) taxable income reduced by the amount
of taxable small business income, or
``(ii) the amount of taxable income taxed
at a rate below 31 percent, plus
``(B) a tax of 31 percent of the amount of taxable
income in excess of the amount determined under
paragraph (1).
``(2) Taxable small business income.--For purposes of this
subsection, the term `taxable small business income' means,
with respect to any taxable year, the least of--
``(A) the taxable income of the taxpayer for such
year attributable to the active conduct of any trade or
business of an eligible small business in which the
taxpayer materially participates (within the meaning of
section 469(h) (other than paragraph (4))),
``(B) the net earnings from self-employment (within
the meaning of section 1402(a), applied without dollar
limitation) of the taxpayer for such year attributable
to the active conduct of such trade or business, or
``(C) the taxpayer's share of additions for such
taxable year to the qualified retained earnings account
of such trade or business.
For purposes of determining net earnings from self-employment
under subparagraph (B), an S corporation shall be treated as if
it were a partnership.
``(3) Qualified retained earnings account.--For purposes of
this subsection:
``(A) In general.--The term `qualified retained
earnings account' means an account established by a
trade or business--
``(i) which is designated as a qualified
retained earnings account for purposes of this
subsection,
``(ii) additions to which may only be made
in cash,
``(iii) distributions from which may only
consist of qualified distributions, and
``(iv) any earnings on which are not
allocated to the account.
``(B) Qualified distributions.--For purposes of
subparagraph (A), distributions from a qualified
retained earnings account shall be treated as qualified
distributions if used--
``(i) to pay ordinary and necessary
expenses paid or incurred in carrying on the
trade or business of the eligible small
business to which the account relates, or
``(ii) to pay the tax imposed under this
subtitle on amounts in the account.
``(4) Additional tax on nonqualified distributions.--
``(A) In general.--If--
``(i) a distribution other than a qualified
distribution is made from a qualified retained
earnings account, and
``(ii) such distribution is made from
additions to the account for a taxable year
with respect to which paragraph (1) applied to
the taxpayer by reason of such additions,
then the tax imposed by this section for the taxable
year of the taxpayer with or within which the taxable
year of the eligible small business in which the
distribution was made ends shall be increased by the
amount determined under subparagraph (B).
``(B) Amount of additional tax.--The amount of tax
determined under this subparagraph is an amount equal
to the sum of--
``(i) the product of the taxpayer's pro
rata share of the distribution described in
subparagraph (A)(i) and the number of
percentage points (and fractions thereof) by
which the highest rate of tax in effect under
this section for the taxpayer's taxable year
exceeds 31 percent, plus
``(ii) the product of--
``(I) the amount by which the
taxpayer's pro rata share of such
distribution, when added to the
taxpayer's pro rata share of previous
distributions from additions to the
account for the same taxable year,
exceeds $135,000, and
``(II) the rate of tax imposed by
section 1401(b) for the taxpayer's
taxable year.
``(C) Order of distributions.--For purposes of this
paragraph, distributions shall be treated as having
been made from the qualified retained earnings account
on a first-in, first-out basis.
``(D) Treatment of health insurance tax.--For
purposes of this title, the tax described in
subparagraph (B)(ii) shall be treated as if it were a
tax imposed by section 1401(b).
``(5) Eligible small business.--For purposes of this
subsection:
``(A) In general.--The term `eligible small
business' means, with respect to any taxable year, a
sole proprietorship, partnership, or S corporation
which is a small business concern (within the meaning
of section 3(a) of the Small Business Act) as of the
beginning of the taxable year.
``(B) Election to use 3 preceding years.--If the
determination under subparagraph (A) is made on the
basis of number of employees or gross receipts, the
taxpayer may elect to have the determination made on
the basis of the average number of employees or the
average gross receipts of the taxpayer for the 3
taxable years preceding the taxable year.
``(6) Years to which subsection applies.--This subsection
shall apply to any taxable year if the highest rate of tax set
forth in subsection (a), (b), (c), (d), or (e) (whichever
applies) for the taxable year exceeds 31 percent.
``(7) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out the
purposes of this section, including regulations preventing the
characterization of distributions for purposes of compensation
or personal use as qualified distributions under paragraph
(3)(B)(i).''.
(b) Certain Taxable Small Business Income Not Subject to HI Tax.--
Section 3121(a) (defining wages) is amended--
(i) by striking ``or'' at the end of
paragraph (20),
(ii) by striking the period at the end of
paragraph (21) and inserting ``; or'', and
(iii) by adding at the end the following
new paragraph:
``(22) the portion of any taxable small business income (as
defined in section 1(i)) properly allocable to the calendar
year which is in excess of $135,000.''.
(c) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 1992. | Small Business Investment and Growth Act - Amends the Internal Revenue Code to establish a maximum small business tax rate on taxable small business income for individuals, partnerships, or certain S corporations. Describes such income as the least of: (1) income from the active conduct of a trade or business in which the taxpayer is a material participant; (2) net earnings from self-employment; or (3) the taxpayer's share of additions to a qualified retained earnings account of such trade or business. Allows distributions from such account to pay ordinary and necessary business expenses or to pay the tax imposed by this Act.
Excludes from employment taxes the portion of taxable small business income in excess of $135,000. | Small Business Investment and Growth Act |
285 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seniors Financial Security Act of
2007''.
SEC. 2. REPEAL OF INCLUSION IN GROSS INCOME OF SOCIAL SECURITY BENEFITS
AND TIER 1 RAILROAD RETIREMENT BENEFITS.
(a) In General.--Section 86 of the Internal Revenue Code of 1986
(relating to taxation of social security and tier 1 railroad retirement
benefits) is hereby repealed.
(b) Technical and Conforming Amendments.--
(1) Subparagraph (B) of section 22(c)(3) of such Code
(relating to treatment of certain workmen's compensation
benefits) is amended by striking ``any amount treated as a
social security benefit under section 86(d)(3)'' and inserting
``if, by reason of section 224 of the Social Security Act (or
by reason of section 3(a)(1) of the Railroad Retirement Act of
1974), any benefit otherwise payable under title II of the
Social Security Act or the Railroad Retirement Act of 1974 is
reduced by reason of the receipt of a benefit under a workmen's
compensation act, the portion of such benefit received under
the workmen's compensation act which equals such reduction''.
(2) Paragraph (3) of section 72(r) of such Code (defining
tier 1 railroad retirement benefit) is amended by striking
``has the meaning given such term by section 86(d)(4)'' and
inserting ``means--
``(A) the amount of the annuity under the Railroad
Retirement Act of 1974 equal to the amount of the
benefit to which the taxpayer would have been entitled
under the Social Security Act if all of the service
after December 31, 1936, of the employee (on whose
employment record the annuity is being paid) had been
included in the term `employment' as defined in the
Social Security Act, and
``(B) a monthly annuity amount under section
3(f)(3) of the Railroad Retirement Act of 1974.''.
(3) Sections 135(c)(4)(B), 137(b)(3)(B), 199(d)(2)(A),
221(b)(2)(C)(ii), and 222(b)(2)(C)(ii) of such Code are each
amended by striking ``86,''.
(4) Clause (i) of section 219(g)(3)(A) of such Code is
amended by striking ``sections 86 and 469'' and inserting
``section 469''.
(5) Subparagraph (F) of section 469(i)(3) of such Code is
amended by striking clause (i) and by redesignating clauses
(ii), (iii), and (iv) as clauses (i), (ii), and (iii),
respectively.
(6) Paragraph (8) of section 861(a) of such Code (treating
social security benefits as United States sourced) is hereby
repealed.
(7) Paragraph (3) of section 871(a) of such Code (relating
to taxation of social security benefits by nonresident aliens)
is hereby repealed.
(8) Subsection (g) of section 1441 of such Code (relating
to withholding of tax on nonresident aliens) is hereby
repealed.
(9) Subparagraph (C) of section 3402(p)(1) of such Code is
amended by striking clause (i) and by redesignating clauses
(ii), (iii), and (iv) as clauses (i), (ii), and (iii),
respectively.
(10) Paragraph (4) of section 6015(d) of such Code is
amended by striking the last sentence.
(11) Section 6050F of such Code (relating to returns
relating to social security benefits) is hereby repealed.
(12) Paragraph (1) of section 6050G(a) of such Code
(relating to returns relating to certain railroad retirement
benefits) is amended by striking ``section 86(d)(4)'' and
inserting ``section 72(r)(3)''.
(13)(A) Section 6103(h) of such Code (relating to
disclosure) is amended by striking paragraph (5) and by
redesignating paragraph (6) as paragraph (5).
(B) Paragraph (4) of section 6103(p) of such Code is
amended by striking ``(h)(5),'' each place it appears.
(C) Subsection (k) of section 1113 of the Right to
Financial Privacy Act of 1978 is hereby repealed.
(14) The table of sections for part II of subchapter B of
chapter 1 of such Code is amended by striking the item relating
to section 86.
(15) The table of sections for subpart B of part III of
subchapter A of chapter 61 of such Code is amended by striking
the item relating to section 6050F.
(c) Effective Date.--The amendments made by this section shall
apply to benefits received after December 31, 2006, in taxable years
ending after such date.
(d) Trust Funds Held Harmless.--There are hereby appropriated (out
of any money in the Treasury not otherwise appropriated) for each
fiscal year to each fund under the Social Security Act or the Railroad
Retirement Act of 1974 an amount equal to the reduction in the
transfers to such fund for such fiscal year by reason of the amendments
made by this section. | Seniors Financial Security Act of 2007 - Amends the Internal Revenue Code to repeal the inclusion in gross income for income tax purposes of social security and tier 1 railroad retirement benefits. | To amend the Internal Revenue Code of 1986 to repeal the inclusion in gross income of Social Security benefits and tier 1 railroad retirement benefits. |
286 | SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``GEAR UP & GO
Act''.
(b) References.--Except as otherwise expressly provided, whenever
in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
SEC. 2. CONTINUUM OF SERVICES.
(a) Awards.--Section 404A(b)(2)(B) (20 U.S.C. 1070a-21(b)(2)(B)) is
amended by inserting after ``through the completion of secondary
school'' the following: ``or through the first year of attendance at a
postsecondary education institution''.
(b) Cohort Approach.--Section 404B(g)(1)(B) (20 U.S.C. 1070a-
22(g)(1)(B)) is amended by inserting after ``through the 12th grade''
the following ``or through the first year of attendance at a
postsecondary education institution to students in the participating
grade level''.
(c) Early Intervention.--
(1) Uses of funds.--Section 404D(b)(2) (20 U.S.C. 1070a-
24(b)(2)) is amended by inserting after ``through grade 12''
the following: ``or through the first year of attendance at a
postsecondary education institution''.
(2) Priority students.--Section 404D(c) is amended by
inserting after ``through grade 12'' the following ``or through
the first year of attendance at a postsecondary education
institution''.
SEC. 3. CONTINUING ELIGIBILITY.
Section 404A (20 U.S.C. 1070a-21) is amended by adding at the end
the following new subsection:
``(d) Continuing Eligibility.--An eligible entity shall not cease
to be an eligible entity upon the expiration of any grant under this
chapter (including a continuation award). The Secretary shall require
any such entity seeking a new grant to demonstrate the effectiveness of
the prior programs under this chapter in its plan submitted under
section 404C.''.
SEC. 4. FINANCIAL EDUCATION AND COUNSELING.
Section 404D (20 U.S.C. 1070a-24) is amended--
(1) in subsection (a)(1)(B)(i), by inserting before the
semicolon at the end the following: ``, and counseling and
education regarding financial cost requirements for college'';
and
(2) in subsection (b)(2)(A)(ii), by striking ``career
mentoring'' inserting ``career planning and mentoring, academic
counseling, and financial literacy, education, or counseling
pertaining to the process of going to college''.
SEC. 5. SCHOLARSHIP COMPONENT.
Section 404E(b)(2) (20 U.S.C. 1070a-25(b)(2)) is amended by
inserting after ``section 401 for such fiscal year'' the following ``,
or $5,800, whichever is less''.
SEC. 6. DUAL/CONCURRENT ENROLLMENT.
(a) Amendment.--Chapter 2 of part A of title IV is amended--
(1) by redesignating section 404G and 404H (20 U.S.C.
1070a-27) as sections 404H and 404I, respectively; and
(2) by inserting after section 404F the following:
``SEC. 404G. DUAL/CONCURRENT ENROLLMENT.
``(a) Program Authority.--The Secretary is authorized to carry out
a program to be known as `GEAR UP & GO', to provide growing
opportunities for dual/concurrent enrollment, which shall be designed
to provide low-income high school students participating in GEAR UP
partnerships or State programs the opportunity to enroll in college
courses while still enrolled in high school. In such program, students
shall not be required to apply for admission to the institution of
higher education in order to participate, but may receive college
credit.
``(b) Student Eligibility.--Except as provided in subsection
(e)(2), a student shall be eligible for the purpose of this section, if
the student--
``(1) is enrolled in GEAR UP partnerships or State
programs;
``(2) is enrolled in 10th, 11th, or 12th grade; and
``(3) has demonstrated academic readiness for college
courses as determined by the applying entity.
``(c) Permissible Services.--An entity receiving funding under this
section may provide services such as--
``(1) the offering of core non-remedial college courses as
determined by the post secondary institution in which
participating students--
``(A) receive instruction from a postsecondary
institution faculty member at the secondary site;
``(B) take courses from a postsecondary institution
faculty member on-site at the postsecondary
institution;
``(C) receive college level instruction from high
school faculty who hold the same credentials as
postsecondary faculty or who meet qualifications and
standards approved by the postsecondary institution; or
``(D) enroll in an early/middle college high school
in which students may earn college credit through a
coherent course of study leading to a postsecondary
degree and high school diploma in an accelerated
timeframe;
``(2) underwriting the per-credit costs of college courses;
``(3) assistance with the selection of core non-remedial
college courses by students;
``(4) tutorial services pertaining to the core non-remedial
college courses in which students are enrolled; and
``(5) purchasing books, supplies, and transportation.
``(d) Requirements for Approval of Applications.--In approving
applications for GEAR UP & GO under this section for any fiscal year,
the Secretary shall--
``(1) award funds under this program on an annual basis and
determine the average award;
``(2) take into consideration whether participating
students in a dual/concurrent enrollment program will receive
college credit;
``(3) require an assurance that an entity applying for
funding under this section meet the requirements of section
404A(c); and
``(4) not approve a plan unless such a plan--
``(A) details the criteria used for determining
student academic readiness or qualifications for
participation in the dual/concurrent enrollment
program; and
``(B) specifies the methods by which funds will be
spent for carrying out the program.
``(e) Early/Middle College High School.--
``(1) Reservation for grants.--The Secretary of Education
shall reserve, at a maximum, 25 percent of the funds
appropriated under subsection (f) for any fiscal year for a
program of grants to early/middle college high school.
``(2) Eligible programs.--For purposes of this subsection,
an early/middle college high school is a school that is
designed to provide 9th through 12th grade low-income and
first-generation college students with a coherent course of
study enabling them to earn simultaneously a high school
diploma and college credit toward a postsecondary degree.
``(3) Requirements.--Except as provided in paragraph (4),
the programs provided funds under this subsection shall comply
with the requirements of subsections (b), (c), and (d) of this
section.
``(4) Exception.--Notwithstanding subsections (b)(1) and
(d)(3)--
``(A) a student served in a program funded by a
grant under this subsection is not required to be
enrolled in a GEAR UP partnership or State program; and
``(B) an entity applying for funding under this
subsection is not required to meet the requirements of
section 404A(c).
``(f) Authorization of Appropriations.--In addition to the sums
authorized by section 404I, there are authorized to be appropriated to
carry out this section $50,000,000 for fiscal year 2005 and such sums
necessary for each of the 5 succeeding years.''.
(b) Conforming Amendments.--Chapter 2 of part A of title IV is
further amended by striking ``section 404H'' each place it appears and
inserting ``section 404I''.
SEC. 7. EVALUATION, REPORT, AND TECHNICAL ASSISTANCE.
Section 404H (20 U.S.C. 1070a-27), as redesignated by section 5(1)
of this Act, is amended by adding at the end the following new
subsection:
``(e) Technical Assistance.--In order to assist current grantees in
strengthening partnerships, leveraging resources, and sustaining
programs, the Secretary shall award not more than 0.75 percent of the
funds appropriated under section 404I for a fiscal year to the national
education organization that has served as technical assistance provider
for this program.''.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
Section 404I (20 U.S.C. 1070a-28), as redesignated by section 5(1)
of this Act, is amended to read as follows:
``SEC. 404I. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this chapter
$500,000,000 for fiscal year 2005 and such sums as may be necessary for
each of the 5 succeeding fiscal years.''. | GEAR UP & GO Act - Amends the Higher Education Act of 1965 to revise specified requirements for Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP) to facilitate the transition of low-income high school students into postsecondary education.
Authorizes the Secretary of Education to carry out a GEAR UP & GO grants program to provide low-income high school students participating in GEAR UP partnerships or State programs opportunities for dual/concurrent enrollment in college courses while still enrolled in high school. Provides that students in such program: (1) shall not be required to apply for admission to the institution of higher education; and (2) may receive college credit. Requires up to 25 percent of GEAR UP & GO program funds to be reserved for grants to early/middle college high schools designed to provide 9th through 12th grade low-income and first-generation college students with a coherent course of study enabling them to earn simultaneously a high school diploma and college credit toward a postsecondary degree. | To amend the Higher Education Act of 1965 by strengthening and expanding the Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP) in order to facilitate the transition of low-income high school students into post-secondary education. |
287 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Growth Act of 2009''.
SEC. 2. EXPENSING FOR CERTAIN REAL PROPERTY.
(a) In General.--Part VI of subchapter B of chapter 1 is amended by
inserting after section 179E the following new section:
``SEC. 179F. ELECTION TO EXPENSE CERTAIN REAL PROPERTY.
``(a) Treatment as Expenses.--In the case of a taxpayer described
in subsection (e), the taxpayer may elect to treat the cost of any
qualified real property as an expense which is not chargeable to
capital account. Any cost so treated shall be allowed as a deduction
for the taxable year in which the qualified real property is placed in
service.
``(b) Limitation.--
``(1) In general.--The aggregate cost which may be taken
into account under subsection (a) for any taxable year shall
not exceed $125,000.
``(2) Inflation adjustment.--
``(A) In general.--In the case of any taxable year
beginning in a calendar year after 2009, the $125,000
amount in paragraph (1) shall be increased by an amount
equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
by substituting `calendar year 2008' for
`calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $1,000, such
amount shall be rounded to the nearest multiple of
$1,000.
``(c) Election.--
``(1) In general.--An election under this section for any
taxable year shall be made on the taxpayer's return of the tax
imposed by this chapter for the taxable year. Such election
shall specify the qualified real property to which the election
applies and shall be made in such manner as the Secretary may
by regulations prescribe.
``(2) Election irrevocable.--Any election made under this
section may not be revoked except with the consent of the
Secretary.
``(d) Qualified Real Property.--For purposes of this section, the
term `qualified real property' means section 1250 property (as defined
by section 1250(c)) located in the United States--
``(1) the original use of which commences with the
taxpayer, and
``(2) which is placed in service by the taxpayer after the
date of the enactment of this section.
``(e) Taxpayer Described.--
``(1) In general.--A taxpayer is described in this
subsection if, for the immediately prior taxable year, the
taxpayer (or any predecessor) met the $5,000,000 gross receipts
test of paragraph (2).
``(2) $5,000,000 gross receipts test.--For purposes of
paragraph (1)--
``(A) In general.--A taxpayer meets the $5,000,000
gross receipts test of this paragraph for a taxable
year if the average annual gross receipts of the
taxpayer for the 3-taxable-year period ending with such
taxable year does not exceed $5,000,000.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 or subsection (m) or (o) of section 414 shall be
treated as one person for purposes of subparagraph (A).
``(C) Not in existence for entire 3-year period.--
If the taxpayer was not in existence for the entire 3-
year period referred to in subparagraph (A), such
paragraph shall be applied on the basis of the period
during which the taxpayer (or trade or business) was in
existence.
``(D) Special rules.--For purposes of subparagraph
(A), the rules of paragraph (3) of section 448(c) shall
apply.
``(f) Reporting.--No deduction shall be allowed under subsection
(a) to any taxpayer for any taxable year unless the taxpayer files with
the Secretary a report containing such information as the Secretary
shall require.''.
(b) Conforming Amendments.--
(1) Section 263(a)(1) is amended by striking ``or'' at the
end of subparagraph (K), by striking the period at the end of
subparagraph (L) and inserting ``, or'', and by inserting after
subparagraph (L) the following new subparagraph:
``(M) expenditures for which a deduction is allowed
under section 179F.''.
(2) Section 312(k)(3)(B) is amended by striking ``or 179E''
each place it appears in the heading and text thereof and
inserting ``179E, or 179F''.
(3) The table of sections for part VI of subchapter B of
chapter 1 is amended by inserting after the item relating to
section 179E the following new item:
``Sec. 179F. Election to expense certain real property.''.
(c) Effective Date.--The amendments made by this section shall
apply to costs paid or incurred after the date of the enactment of this
Act. | Small Business Growth Act of 2009 - Amends the Internal Revenue Code to allow small business taxpayers with gross receipts of $5 million or less to elect to expense certain depreciable real property in the year such property is placed in service. Limits the amount of such expensing allowance to $125,000, adjusted for inflation after 2009. | To amend the Internal Revenue Code of 1986 to allow the expensing of certain real property. |
288 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bottle Recycling Climate Protection
Act of 2007''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The energy required to manufacture beverage containers
from recycled containers is often less than the energy required
to create new beverage container materials from raw materials.
(2) Recycling beverage containers would reduce municipal
solid waste and reduce the energy and heat-trapping emissions
generated in the manufacture of new aluminum, plastics, and
other beverage container materials.
(3) An average of 350,000,000 beverage bottles and cans are
sent to landfills, incinerated, or littered every day.
(4) In 2006, less than half of the 100,000,000,000 aluminum
beverage cans purchased were recycled, resulting in the waste
of 800,000 tons of aluminum. Nine of ten plastic water bottles,
30,000,000 bottles a year, end up as garbage or litter, where
they take up to 1,000 years to biodegrade.
(5) A national system for requiring a refund value on the
sale of all beverage containers would provide a positive
incentive to individuals to clean up the environment, and would
result in a high level of reuse and recycling of such
containers and help reduce the costs and environmental dangers
associated with solid waste management and container
manufacturing.
(6) States with bottle bills have container recycling rates
ranging from 60 percent to over 90 percent, compared to the
national average recycling rate of 34 percent.
(7) A national system of beverage container recycling is
consistent with the intent of the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.).
SEC. 3. AMENDMENT OF SOLID WASTE DISPOSAL ACT.
(a) Amendment.--The Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.) is amended by adding the following new subtitle at the end
thereof:
``Subtitle K--Beverage Container Recycling
``SEC. 12001. DEFINITIONS.
``For purposes of this subtitle--
``(1) The term `beverage' means water, mineral water, soda
water, flavored water, sports drinks, juice, iced tea, wine
cooler, beer or other malt beverage, or a carbonated
nonalcoholic beverage of any variety in liquid form intended
for human consumption, but does not include milk or other dairy
products or dairy-derived products.
``(2) The term `beverage container' means a container
constructed of metal, glass, plastic, or some combination of
these materials and having a capacity of up to one gallon of
liquid and which is or has been sealed and used to contain a
beverage for sale in interstate commerce.
``(3) The term `beverage distributor' means a person who
sells or offers for sale in interstate commerce to beverage
retailers beverages in beverage containers for resale.
``(4) The term `beverage retailer' means a person who
purchases from a beverage distributor beverages in beverage
containers for sale to a consumer or who sells or offers to
sell in commerce beverages in beverage containers to a
consumer, but does not include a person who sells or offers to
sell the beverages for consumption on the premises.
``(5) The term `consumer' means a person who purchases a
beverage container for any use other than resale.
``(6) The term `refund value' means the amount specified as
the refund value of a beverage container under section 12002.
``(7) The term `wine cooler' means a drink containing less
than 8 percent alcohol (by volume), consisting of wine and
plain, sparkling, or carbonated water and containing any one or
more of the following: nonalcoholic beverage, flavoring,
coloring materials, fruit juices, fruit adjuncts, sugar, carbon
dioxide, preservatives.
``SEC. 12002. REQUIRED BEVERAGE CONTAINER LABELING.
``Except as otherwise provided in section 12007, no beverage
distributor or beverage retailer may sell or offer for sale in
interstate commerce a beverage in a beverage container unless there is
clearly, prominently, and securely affixed to, or printed on, the
container a statement of the refund value of the container in the
amount of 5 cents. The Administrator shall promulgate rules
establishing uniform standards for the size and location of the refund
value statement on beverage containers. The 5 cent amount specified in
this section shall be subject to adjustment by the Administrator as
provided in section 12008.
``SEC. 12003. ORIGINATION OF REFUND VALUE.
``For each beverage in a beverage container sold in interstate
commerce to a beverage retailer by a beverage distributor, the
distributor shall collect from the retailer the amount of the refund
value shown on the container. With respect to each beverage in a
beverage container sold in interstate commerce to a consumer by a
beverage retailer, the retailer shall collect from the consumer the
amount of the refund value shown on the container. No person other than
the persons described in this section may collect a deposit on a
beverage container.
``SEC. 12004. RETURN OF REFUND VALUE.
``(a) Payment by Retailer.--
``(1) In general.--Except as provided in paragraph (2), if
any person tenders for refund an empty and unbroken beverage
container to a beverage retailer who sells (or has sold at any
time during the period of 3 months ending on the date of such
tender) the same brand of beverage in the same kind and size of
container, the retailer shall promptly pay such person the
amount of the refund value stated on the container.
``(2) Exceptions.--A retailer shall not be required to
accept tender of a beverage container under paragraph (1)--
``(A) if the beverage container contains or is
contaminated by a hazardous waste;
``(B) in excess of 600 individual beverage
containers per day if the retailer occupies a space
less than 5,000 square feet; or
``(C) in excess of 1,800 individual beverage
containers per day if the retailer occupies a space
greater than 5,000 square feet.
``(b) Payment by Distributor.--If any person tenders for refund an
empty and unbroken beverage container to a beverage distributor who
sells (or has sold at any time during the period of 3 months ending on
the date of such tender) the same brand of beverage in the same kind
and size of container, the distributor shall promptly pay such person
(1) the amount of the refund value stated on the container, plus (2) an
amount equal to at least 3 cents per container to help defray the cost
of handling. This subsection shall not preclude any person from
tendering beverage containers to persons other than beverage
distributors.
``(c) Agreements.--(1) Nothing in this subtitle shall preclude
agreements between distributors, retailers, or other persons to
establish centralized beverage collection centers, including centers
which act as agents of such retailers.
``(2) Nothing in this subtitle shall preclude agreements between
beverage retailers, beverage distributors, or other persons for the
crushing or bundling (or both) of beverage containers.
``(d) Broken Containers.--The opening of a beverage container in a
manner in which it was designed to be opened and the compression of a
beverage container made of metal or plastic shall not, for purposes of
this section, constitute the breaking of the container if the statement
of the amount of the refund value of the container is still readable.
``SEC. 12005. ACCOUNTING FOR UNCLAIMED REFUNDS AND PROVISIONS FOR STATE
RECYCLING FUNDS.
``(a) Unclaimed Refunds.--At the end of each calendar year each
beverage distributor shall pay to each State an amount equal to the sum
by which the total refund value of all containers sold by the
distributor for resale in that State during that year exceeds the total
sum paid during that year by the distributor under section 12004(b) to
persons in that State. The total of unclaimed refunds received by any
State under this section shall be available to carry out programs
designed to reduce greenhouse gas emissions within the State.
``(b) Refunds in Excess of Collections.--If the total of payments
made by a beverage distributor in any calendar year under section
12004(b) for any State exceed the total refund value of all containers
sold by the distributor for resale in that State, the excess shall be
credited against the amount otherwise required to be paid by the
distributor to that State under subsection (a) for a subsequent
calendar year designated by the beverage distributor.
``SEC. 12006. PROHIBITIONS ON DISPOSAL.
``No retailer or distributor or agent of a retailer or distributer
may dispose of any beverage container labeled under section 12002 or
any metal, glass, or plastic from such a beverage container (other than
the top or other seal thereof) in any landfill or other solid waste
disposal facility.
``SEC. 12007. EXEMPTED STATES.
``(a) In General.--The provisions of sections 12002 through 12005
and sections 12008 and 12009 of this subtitle shall not apply in any
State which--
``(1) has adopted and implemented, before the date of
enactment of this subtitle, a law requiring beverage container
deposits; or
``(2) demonstrates to the Administrator that, for any
period of 12 consecutive months following the date of enactment
of this subtitle, such State achieved a recycling or reuse rate
for beverage containers of at least--
``(A) 50 percent for the first 3 years after the
date of enactment of this subtitle;
``(B) 60 percent for the subsequent 2 year period;
and
``(C) 70 percent during any period thereafter.
Paragraph (1) shall only apply with respect to the first 3 years after
the date of enactment of this subtitle. If at any time following a
determination under paragraph (2) that a State has achieved the
applicable percentage recycling or reuse rate the Administrator
determines that such State has failed, for any 12-consecutive month
period, to maintain at least the applicable percentage recycling or
reuse rate of its beverage containers, the Administrator shall notify
such State that, upon the expiration of the 90-day period following
such notification, the provisions under sections 12002 through 12005
and sections 12008 and 12009 shall be applicable to that State until a
subsequent determination is made under subparagraph (A) or a
demonstration is made under subparagraph (B).
``(b) Determination of Tax.--No State or political subdivision
which imposes any tax on the sale of any beverage container may impose
a tax on any amount attributable to the refund value of such container.
``(c) Effect on Other Laws.--Nothing in this subtitle shall be
construed to affect the authority of any State or political subdivision
thereof to enact or enforce (or continue in effect) any law respecting
a refund value on containers other than beverage containers or from
regulating redemption and other centers which purchase empty beverage
containers from beverage retailers, consumers, or other persons.
``SEC. 12008. REGULATIONS.
``Not later than 12 months after the date of enactment of this
subtitle, the Administrator shall prescribe regulations to carry out
this subtitle. The regulations shall include a definition of the term
`beverage retailer' in a case in which beverages in beverage containers
are sold to consumers through beverage vending machines. Such
regulations shall also adjust the 5 cent amount specified in section
12002 and the 2 cent amount specified in section 12004 to account for
inflation. Such adjustment shall be effective 10 years after the date
of enactment of this subtitle and additional adjustments shall take
effect at 10 year intervals thereafter. The regulations shall also
permit the Administrator to increase such amounts by an additional
amount after the expiration of 5 years after the date of enactment of
this subtitle.
``SEC. 12009. PENALTIES.
``Any person who violates any provision of section 12002, 12003,
12004, or 12006 shall be subject to a civil penalty of not more than
$1,000 for each violation. Any person who violates any provision of
section 12005 shall be subject to a civil penalty of not more than
$10,000 for each violation.
``SEC. 12010. EFFECTIVE DATE.
``Except as provided in section 12008, this subtitle shall take
effect 2 years after the date of its enactment.''.
(b) Table of Contents.--The table of contents for such Act is
amended by adding the following at the end thereof:
``Subtitle K--Beverage Container Recycling
``Sec. 12001. Definitions.
``Sec. 12002. Required beverage container labeling.
``Sec. 12003. Origination of refund value.
``Sec. 12004. Return of refund value.
``Sec. 12005. Accounting for unclaimed refunds and provisions for State
recycling funds.
``Sec. 12006. Prohibitions on disposal.
``Sec. 12007. Exempted States.
``Sec. 12008. Regulations.
``Sec. 12009. Penalties.
``Sec. 12010. Effective date.''. | Bottle Recycling Climate Protection Act of 2007 - Amends the Solid Waste Disposal Act to prohibit retailers and distributors from selling beverages (water, mineral water, soda water, flavored water, sports drinks, juice, iced tea, wine coolers, beer, or carbonated nonalcoholic beverages) in containers that do not display a statement of a refund value of five cents.Requires: (1) distributors to collect the refund value for each beverage sold to retailers; and (2) retailers to collect the refund value for each beverage sold to consumers. Requires: (1) retailers to pay the refund on returned unbroken containers of brands sold for up to a specified number of containers per day based on the square footage of the retailer's space (excluding any container contaminated by a hazardous waste); and (2) distributors to pay the refund on returned containers of brands sold, plus at least three cents per container for handling costs. Directs distributors to pay to a state, annually, unclaimed refund amounts, which shall be available to the state for programs designed to reduce greenhouse gas emissions. Prohibits distributors and retailers from disposing of containers subject to this Act or any metal, glass, or plastic from such containers (other than the top or seal) in landfills or solid waste disposal facilities.Exempts states that have implemented laws requiring beverage container deposits or that have demonstrated achievement of specified recycling or reuse rates for beverage containers. Prohibits states or political subdivisions that impose taxes on the sale of beverage containers from imposing any tax on the amount attributable to the refund value of such containers. Provides for the adjustment for inflation of the refund amounts at ten-year intervals. Prescribes civil penalties for violations of this Act. | To amend the Solid Waste Disposal Act to require a refund value for certain beverage containers, and to provide resources for State pollution prevention and recycling programs, and for other purposes. |
289 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Overseas Human Testing Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Before a manufacturer of a new drug or device can
market its new product, the Food and Drug Administration (in
this section referred to as the ``FDA'') requires that the
manufacturer conduct laboratory and clinical trials to
ascertain the product's safety and effectiveness.
(2) Federal regulations mandate that an Institutional
Review Board (IRB), which is comprised of scientists,
physicians, and lay people, review the protocol or research
plan and the informed consent form of the proposed clinical
trial to ensure, among other things, that the health and safety
of the human participants are not unnecessarily endangered.
(3) Institutional Review Boards also verify that the
manufacturer's clinical researchers implement appropriate
additional safeguards to protect the rights and welfare of
potentially vulnerable populations and persons who are
economically or educationally disadvantaged.
(4) Most importantly, the IRBs help assure the FDA that
manufacturers of new drugs and medical devices adequately
inform human participants of the anticipated risks and the
likelihood of projected benefits derived from their
participation in the clinical trials, and then secure the
voluntary consent of the participants.
(5) For the purpose of supporting the safety and efficacy
of the test article, the FDA, however, may accept the results
of clinical trials with human participants which are conducted
outside of the United States and do not meet United States IRB
and ethical requirements.
(6) Foreign clinical trials involving human participants
only need to conform to either international norms on clinical
investigations or the laws and regulations of the country in
which the research is to be conducted. However, neither
international nor most host-country standards meet the
stringent requirements of the United States.
(7) International and most foreign-country legal
protections do not adequately shield participants in clinical
investigations of a new drug or device from unethical,
dangerous, or unscrupulous research practices.
(8) Some researchers exploit the fragile regulatory
systems, high illiteracy rates, and public health failures of
developing countries to test their experimental drugs and
devices on misinformed and unwilling human participants.
(9) On April 30, 2001, the National Bioethics Advisory
Commission (NBAC) presented to the President a report, entitled
``Ethical and Policy Issues in International Research: Clinical
Trials in Developing Countries'', which discussed the ethical
issues generated by research on human participants in
developing countries and recommended ways to help ensure the
health and safety of these human participants. The NBAC
highlighted the inadequate regulatory protections which are
afforded to human participants in many clinical trials abroad.
(10) In September 2001, the Office of the Inspector General
of the Department of Health and Human Services released the
report entitled ``The Globalization of Clinical Trials: A
Growing Challenge in Protecting Human Subjects''. In the
report, the Inspector General acknowledged that key entities
which oversee or study foreign research, including United
States regulatory agencies and the World Health Organization,
have raised concerns about the lack of experience and
insufficient monitoring practices of many foreign IRBs.
(11) The Inspector General also recommended, among other
things, that the FDA collect more information on the
performance of foreign IRBs and the growth and location of
foreign clinical investigations.
(12) While Federal regulation should accelerate, whenever
possible, the delivery from laboratory to patients of new drugs
which are designed to treat devastating illnesses, existing law
permits manufacturers to profit from the misery and pain of
uniformed, misinformed, and unwilling patients in developing
countries.
(13) On June 10, 2004, the FDA issued a proposed rule that
would, among other things, replace the existing requirement
that foreign clinical studies be conducted in accordance with
the ethical principles which are contained in the Declaration
of Helsinki (described in section 312.120(c) of title 21, Code
of Federal Regulations), with a requirement that such studies
comply with good clinical practice (GCP).
(14) Although pharmaceutical and biotechnology companies
and their lobbyists, in submitted public comment, generally
support the proposed rule, other organizations, such as the
AIDS Vaccine Advocacy Coalition and Public Citizen, have
objected to the proposed deletion of the Declaration of
Helsinki from applicable regulations because the removal may
result in the use of placebos or other drugs which are less
effective than established treatments in control groups facing
life-threatening medical conditions.
(15) As of June 15, 2006, the FDA has not promulgated a
final version of the June 2004 proposed rule.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States to control the export of test
articles which are intended for clinical investigations involving human
participants in order to--
(1) foster public health and safety;
(2) prevent injury to the foreign policy of the United
States; and
(3) preserve the credibility of the United States as a
responsible trading partner.
SEC. 4. MEASURES TO PROTECT THE PUBLIC HEALTH.
(a) In General.--In order to carry out the policy set forth in
section 3, test articles intended for clinical investigations may be
exported only pursuant to an export license approved by the President.
The President may exercise the authorities of the Export Administration
Act of 1979, as continued in effect pursuant to the International
Emergency Economic Powers Act, to carry out this section.
(b) Criteria for Export License.--In addition to any other
requirements that may apply, including under the Federal Food, Drug,
and Cosmetic Act, the Public Health Service Act, and regulations issued
under either such Act, the President shall require, as a prerequisite
for approval of an export license for a test article required by
subsection (a) of this section, that an applicant for such license--
(1) identify each clinical investigation for which the test
article is intended;
(2) secure a certification from an institutional review
board that each of the protocols for every clinical
investigation identified under paragraph (1) has been reviewed
by the institutional review board and has, at a minimum, met
substantially the same standards for the protection of the
rights and welfare of human subjects as the standards that
would be required for IRB approval of the protocol if the
protocol were for a clinical investigation of the test article
pursuant to the Federal Food, Drug, and Cosmetic Act ; and
(3) submit the certification secured under paragraph (2) to
the President.
(c) Reporting Requirement.--Not later than one year after the date
of the enactment of this Act, and annually thereafter, the President
shall prepare and submit to the appropriate congressional committees a
report regarding the approval of export licenses required by subsection
(a). Such report shall include--
(1) the names of the applicants for such export licenses;
(2) the names of approved applicants for such export
licenses; and
(3) the destination country or countries for each
application for such export licenses.
(d) Definitions.--In this section:
(1) Application for research or marketing permit.--The term
``application for research or marketing permit'' has the
meaning given that term in section 56.102(b) of title 21, Code
of Federal Regulations, or successor regulations.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
International Relations of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate.
(3) Clinical investigation.--
(A) In general.--The term ``clinical
investigation'' means any experiment that--
(i) involves a test article and one or more
human subjects; and
(ii)(I) the results of which are intended
to be later submitted to, or held for
inspection by, the Secretary of Health and
Human Services as part of an application for
research or marketing permit; or
(II) must meet the requirements for prior
submission to such Secretary under section
505(i) or 520(g) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(i) or 360j(g)).
(B) Exclusion.--The term ``clinical investigation''
does not include experiments that must meet the
requirements of part 58 of title 21, Code of Federal
Regulations, or successor regulations, regarding
nonclinical laboratory studies.
(4) Destination country.--The term ``destination country''
means the country into which test articles are being exported.
(5) Human subject.--The term ``human subject'' means an
individual who is or becomes a participant in research, either
as a recipient of a test article or as a control. A subject may
be either a healthy individual or a patient.
(6) Institution.--The term ``institution'' means any public
or private entity or agency (including Federal, State, and
other agencies), either in the United States or other country.
(7) Institutional review board; irb.--The terms
``institutional review board'' and ``IRB'' mean any board,
committee, or other group formally designated by an institution
to review, to approve the initiation of, and to conduct
periodic review of, biomedical research involving human
subjects. The primary purpose of such review is to assure the
protection of the rights and welfare of the human subjects.
(8) IRB approval.--The term ``IRB approval'' means the
determination of an IRB made pursuant to part 56 of title 21,
Code of Federal Regulations, or successor regulations, that a
clinical investigation has been reviewed and may be conducted
at an institution within the constraints set forth by the IRB
and by other institutional and Federal requirements.
(9) Test article.--The term ``test article'' means any drug
for human use, biological product for human use, medical device
for human use, human food additive, color additive, electronic
product, or any other article that would be subject to
regulation under the Federal Food, Drug, and Cosmetic Act if
introduced into interstate commerce. | Safe Overseas Human Testing Act - Allows test articles intended for clinical investigations to be exported only pursuant to an export license approved by the President. Directs the President to require an applicant for such license to: (1) identify each clinical investigation for which the test article is intended; and (2) secure a certification from an institutional review board that each of the protocols for every clinical investigation has been reviewed by the board and has met substantially the same standards for the protection of the rights and welfare of human subjects as would be required if the protocol were for a clinical investigation of the test article pursuant to the Federal Food, Drug, and Cosmetic Act. | To promote safe and ethical clinical trials of drugs and other test articles on people overseas. |
290 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Infrastructure Improvement
Act of 2007''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Acquisition.--The term ``acquisition'' includes any
necessary activities for siting a facility, equipment,
structures, or rolling stock by purchase, lease-purchase,
trade, or donation.
(2) Commission.--The term ``Commission'' means the National
Commission on the Infrastructure of the United States
established by section 3(a).
(3) Construction.--The term ``construction'' means--
(A) the design, planning, and erection of new
infrastructure;
(B) the expansion of existing infrastructure;
(C) the reconstruction of an infrastructure project
at an existing site; and
(D) the installation of initial or replacement
infrastructure equipment.
(4) Infrastructure.--
(A) In general.--The term ``infrastructure'' means
a nonmilitary structure or facility, and any equipment
and any nonstructural elements associated with such a
structure or facility.
(B) Inclusions.--The term ``infrastructure''
includes--
(i) a surface transportation facility (such
as a road, bridge, highway, public
transportation facility, and freight and
passenger rail), as the Commission, in
consultation with the National Surface
Transportation Policy and Revenue Study
Commission established by section 1909(b)(1) of
the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users
(Public Law 109-59; 119 Stat. 1471), determines
to be appropriate;
(ii) a mass transit facility;
(iii) an airport or airway facility;
(iv) a resource recovery facility;
(v) a water supply and distribution system;
(vi) a wastewater collection, conveyance,
or treatment system, and related facilities;
(vii) a stormwater treatment system to
manage, reduce, treat, or reuse municipal
stormwater;
(viii) waterways, locks, dams, and
associated facilities;
(ix) a levee and any related flood damage
reduction facility;
(x) a dock or port; and
(xi) a solid waste disposal facility.
(5) Nonstructural elements.--The term ``nonstructural
elements'' includes --
(A) any feature that preserves and restores a
natural process, a landform (including a floodplain), a
natural vegetated stream side buffer, wetland, or any
other topographical feature that can slow, filter, and
naturally store storm water runoff and flood waters;
(B) any natural design technique that percolates,
filters, stores, evaporates, and detains water close to
the source of the water; and
(C) any feature that minimizes or disconnects
impervious surfaces to slow runoff or allow
precipitation to percolate.
(6) Maintenance.--The term ``maintenance'' means any
regularly scheduled activity, such as a routine repair,
intended to ensure that infrastructure continues to operate
efficiently and as intended.
(7) Rehabilitation.--The term ``rehabilitation'' means an
action to extend the useful life or improve the effectiveness
of existing infrastructure, including--
(A) the correction of a deficiency;
(B) the modernization or replacement of equipment;
(C) the modernization of, or replacement of parts
for, rolling stock relating to infrastructure;
(D) the use of nonstructural elements; and
(E) the removal of infrastructure that is
deteriorated or no longer useful.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``National Commission on the Infrastructure of the United
States'' to ensure that the infrastructure of the United States--
(1) meets current and future demand;
(2) facilitates economic growth;
(3) is maintained in a manner that ensures public safety;
and
(4) is developed or modified in a sustainable manner.
(b) Membership.--
(1) Composition.--The Commission shall be composed of 8
members, of whom--
(A) 2 members shall be appointed by the President;
(B) 2 members shall be appointed by the Speaker of
the House of Representatives;
(C) 1 member shall be appointed by the minority
leader of the House of Representatives;
(D) 2 members shall be appointed by the majority
leader of the Senate; and
(E) 1 member shall be appointed by the minority
leader of the Senate.
(2) Qualifications.--Each member of the Commission shall--
(A) have experience in 1 or more of the fields of
economics, public administration, civil engineering,
public works, construction, and related design
professions, planning, public investment financing,
environmental engineering, or water resources
engineering; and
(B) represent a cross-section of geographical
regions of the United States.
(3) Date of appointments.--The members of the Commission
shall be appointed under paragraph (1) not later than 90 days
after the enactment of this Act.
(c) Term; Vacancies.--
(1) Term.--A member shall be appointed for the life of the
Commission.
(2) Vacancies.--A vacancy in the Commission--
(A) shall not affect the powers of the Commission;
and
(B) shall be filled, not later than 30 days after
the date on which the vacancy occurs, in the same
manner as the original appointment was made.
(d) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold the initial meeting of the Commission.
(e) Meetings.--The Commission shall meet at the call of the
Chairperson or the request of the majority of the Commission members.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(g) Chairperson and Vice Chairperson.--The Commission shall select
a Chairperson and Vice Chairperson from among the members of the
Commission.
SEC. 4. DUTIES.
(a) Study.--
(1) In general.--Not later than February 15, 2009, the
Commission shall complete a study of all matters relating to
the state of the infrastructure of the United States.
(2) Matters to be studied.--In carrying out paragraph (1),
the Commission shall study matters such as--
(A) the capacity of infrastructure to sustain
current and anticipated economic development and
competitiveness, including long-term economic growth,
including the potential return to the United States
economy on investments in new infrastructure as opposed
to investments in existing infrastructure;
(B) the age and condition of public infrastructure
(including congestion and changes in the condition of
that infrastructure as compared with preceding years);
(C) the methods used to finance the construction,
acquisition, rehabilitation, and maintenance of
infrastructure (including general obligation bonds,
tax-credit bonds, revenue bonds, user fees, excise
taxes, direct governmental assistance, and private
investment);
(D) any trends or innovations in methods used to
finance the construction, acquisition, rehabilitation,
and maintenance of infrastructure;
(E) investment requirements, by type of
infrastructure, that are necessary to maintain the
current condition and performance of the infrastructure
and the investment needed (adjusted for inflation and
expressed in real dollars) to improve infrastructure in
the future;
(F) based on the current level of expenditure
(calculated as a percentage of total expenditure and in
constant dollars) by Federal, State, and local
governments--
(i) the projected amount of need the
expenditures will meet 5, 15, 30, and 50 years
after the date of enactment of this Act; and
(ii) the levels of investment requirements,
as identified under subparagraph (E);
(G) any trends or innovations in infrastructure
procurement methods;
(H) any trends or innovations in construction
methods or materials for infrastructure;
(I) the impact of local development patterns on
demand for Federal funding of infrastructure;
(J) the impact of deferred maintenance; and
(K) the collateral impact of deteriorated
infrastructure.
(b) Recommendations.--The Commission shall develop
recommendations--
(1) on a Federal infrastructure plan that will detail
national infrastructure program priorities, including
alternative methods of meeting national infrastructure
investment needs to effectuate balanced economic development;
(2) on infrastructure improvements and methods of
delivering and providing for infrastructure facilities;
(3) for analysis or criteria and procedures that may be
used by Federal agencies and State and local governments in--
(A) inventorying existing and needed infrastructure
improvements;
(B) assessing the condition of infrastructure
improvements;
(C) developing uniform criteria and procedures for
use in conducting the inventories and assessments; and
(D) maintaining publicly accessible data; and
(4) for proposed guidelines for the uniform reporting, by
Federal agencies, of construction, acquisition, rehabilitation,
and maintenance data with respect to infrastructure
improvements.
(c) Statement and Recommendations.--Not later than February 15,
2010, the Commission shall submit to Congress--
(1) a detailed statement of the findings and conclusions of
the Commission; and
(2) the recommendations of the Commission under subsection
(b), including recommendations for such legislation and
administrative actions for 5-, 15-, 30-, and 50-year time
periods as the Commission considers to be appropriate.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission shall hold such hearings, meet and
act at such times and places, take such testimony, administer such
oaths, and receive such evidence as the Commission considers advisable
to carry out this Act.
(b) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from a
Federal agency such information as the Commission considers
necessary to carry out this Act.
(2) Provision of information.--On request of the
Chairperson of the Commission, the head of the Federal agency
shall provide the information to the Commission.
(c) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(d) Contracts.--The Commission may enter into contracts with other
entities, including contracts under which 1 or more entities, with the
guidance of the Commission, conduct the study required under section
4(a).
(e) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
agencies of the Federal Government.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--A member of the Commission shall
serve without pay, but shall be allowed a per diem allowance for travel
expenses, at rates authorized for an employee of an agency under
subchapter I of chapter 57 of title 5, United States Code, while away
from the home or regular place of business of the member in the
performance of the duties of the Commission.
(b) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to the civil service laws, including
regulations, appoint and terminate an executive director and
such other additional personnel as are necessary to enable the
Commission to perform the duties of the Commission.
(2) Confirmation of executive director.--The employment of
an executive director shall be subject to confirmation by a
majority of the members of the Commission.
(3) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), the Chairperson of the Commission may fix the
compensation of the executive director and other
personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions
and General Schedule pay rates.
(B) Maximum rate of pay.--In no event shall any
employee of the Commission (other than the executive
director) receive as compensation an amount in excess
of the maximum rate of pay for Executive Level IV under
section 5315 of title 5, United States Code.
(c) Detail of Federal Government Employees.--
(1) In general.--An employee of the Federal Government may
be detailed to the Commission without reimbursement.
(2) Civil service status.--The detail of a Federal employee
shall be without interruption or loss of civil service status
or privilege.
(d) Procurement of Temporary and Intermittent Services.--On request
of the Commission, the Secretary of the Army, acting through the Chief
of Engineers, shall provide, on a reimbursable basis, such office
space, supplies, equipment, and other support services to the
Commission and staff of the Commission as are necessary for the
Commission to carry out the duties of the Commission under this Act.
SEC. 7. REPORTS.
(a) Interim Reports.--Not later than 1 year after the date of the
initial meeting of the Commission, the Commission shall submit an
interim report containing a detailed summary of the progress of the
Commission, including meetings and hearings conducted during the
interim period, to--
(1) the President;
(2) the Committees on Transportation and Infrastructure and
Natural Resources of the House of Representatives; and
(3) the Committees on Environment and Public Works, Energy
and Natural Resources, and Commerce, Science, and
Transportation of the Senate.
(b) Final Report.--On termination of the Commission under section
9, the Commission shall submit a final report containing a detailed
statement of the findings and conclusions of the Commission and
recommendations for legislation and other policies to implement those
findings and conclusions, to--
(1) the President;
(2) the Committees on Transportation and Infrastructure and
Natural Resources of the House of Representatives; and
(3) the Committees on Environment and Public Works, Energy
and Natural Resources, and Commerce, Science, and
Transportation of the Senate.
(c) Transparency.--A report submitted under subsection (a) or (b)
shall be made available to the public electronically, in a user-
friendly format, including on the Internet.
SEC. 8. FUNDING.
For each of fiscal years 2008 through 2010, upon request by the
Commission--
(1) using amounts made available to the Secretary of
Transportation from any source or account other than the
Highway Trust Fund, the Secretary of Transportation shall
transfer to the Commission $750,000 for use in carrying out
this Act;
(2) using amounts from the General Expenses account of the
Corps of Engineers (other than amounts in that account made
available through the Department of Defense), the Secretary of
the Army, acting through the Chief of Engineers, shall transfer
to the Commission $250,000 for use in carrying out this Act;
and
(3) the Administrator of the Environmental Protection
Agency shall transfer to the Commission $250,000 for use in
carrying out this Act.
SEC. 9. TERMINATION OF COMMISSION.
The Commission shall terminate on September 30, 2010.
Passed the Senate August 2, 2007.
Attest:
NANCY ERICKSON,
Secretary. | National Infrastructure Improvement Act of 2007 - (Sec. 3) Establishes the National Commission on the Infrastructure of the United States to ensure that U.S. infrastructure meets current and future demand, facilitates economic growth, is maintained in a manner that ensures public safety, and is developed or modified in a sustainable manner.
(Sec. 4) Requires the Commission to study the state of U.S. infrastructure, including: (1) the capacity of infrastructure to sustain economic development and competitiveness; (2) the age and condition of public infrastructure; (3) the methods used to finance the construction, acquisition, rehabilitation, and maintenance of infrastructure; (4) investment requirements needed to maintain and to improve infrastructure and the projected need of investment requirements and expenditures by federal, state, and local governments; (5) the impact of local development patterns on demand for federal funding of infrastructure; (6) the impact of deferred maintenance; and (7) the collateral impact of deteriorated infrastructure.
Directs the Commission to develop recommendations regarding: (1) a federal infrastructure plan that will detail national infrastructure program priorities; (2) infrastructure improvements and methods of delivering and providing for infrastructure facilities; (3) analysis or criteria and procedures that may be used by federal agencies and state and local governments in inventorying existing and needed infrastructure improvements, assessing the condition of improvements, developing uniform criteria and procedures, and maintaining publicly accessible data; and (4) proposed guidelines for the uniform reporting by federal agencies of data regarding infrastructure improvements.
(Sec. 7) Requires the Commission to submit an interim report and a final report to the President and to specified congressional committees.
(Sec. 8) Makes funds available for each of FY2008-FY2010, at the Commission's request, from sums made available to the Secretary of Transportation (from any source other than the Highway Trust Fund), from the Corps of Engineers' General Expenses account, and from the Administrator of the Environmental Protection Agency (EPA).
(Sec. 9) Terminates the Commission on September 30, 2010. | A bill to establish a National Commission on the Infrastructure of the United States. |
291 | SECTION 1. CHANGES IN THRESHOLD AND OTHER TESTS FOR DETERMINING AMOUNT
OF WAGES PAID TO AGRICULTURAL WORKERS THAT ARE SUBJECT TO
SOCIAL SECURITY AND MEDICARE TAXES.
(a) Increase in $150 Remuneration Threshold to $1,000 and Increase
in Total Farm Payroll Test.--
(1) Internal revenue code of 1986.--Subparagraph (B) of
section 3121(a)(8) of the Internal Revenue Code of 1986
(relating to definition of wages) is amended--
(A) in clause (i), by striking ``$150'' and
inserting ``$1,000''; and
(B) in clause (ii), by striking ``$2500'' and
inserting ``$50,000''.
(2) Social security act.--Subparagraph (B) of section
209(a)(7) of the Social Security Act (42 U.S.C. 409(a)(7)(B))
(relating to definition of wages) is amended--
(A) in clause (i), by striking ``$150'' and
inserting ``$1,000''; and
(B) in clause (ii), by striking ``$2500'' and
inserting ``$50,000''.
(b) Adjustment for Inflation.--
(1) Internal revenue code of 1986.--Subsection (i) of
section 3121 of the Internal Revenue Code of 1986 (relating to
computation of wages in certain cases) is amended by adding at
the end the following new paragraph:
``(6) Agricultural labor.--
``(A) In general.--For purposes of this chapter, in
the case of agricultural labor referred to in
subsection (a)(8), in the case of a calendar year after
2001, the $1,000 amount contained in subparagraph
(B)(i), and the $50,000 amount contained in
subparagraph (B)(ii), 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
by substituting `calendar year 2000' for
`calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any increase determined under
subparagraph (A) is not a multiple of $50, such
increase shall be rounded to the next lowest multiple
of $50.''.
(2) Social security act.--Section 209 of the Social
Security Act (42 U.S.C. 409) is amended by adding at the end
the following new subsection:
``(l)(1) For purposes of this title, in the case of agricultural
labor referred to in subsection (a)(7), in the case of a calendar year
after 2001, the $1,000 amount contained in subparagraph (B)(i), and the
$50,000 amount contained in subparagraph (B)(ii), shall each be
increased in the same manner as the $1,000 amount and the $50,000
amount, respectively, contained in section 3121(a)(8)(B) of the
Internal Revenue Code of 1986 are increased pursuant to section
3121(i)(6) of such Code.''.
(c) Exemption for Service Performed by Certain Full Time
Students.--
(1) Internal revenue code of 1986.--Section 3121(b) of the
Internal Revenue Code of 1986 (relating to definition of
employment) is amended by striking ``or'' at the end of
paragraph (20), by striking the period at the end of paragraph
(21) and inserting ``; or'', and by adding at the end the
following new paragraph:
``(22) agricultural labor performed by a full time student
who has not attained 18 years of age.''.
(2) Social security act.--Section 210(a) of the Social
Security Act (42 U.S.C. 410(a)) is amended--
(A) by striking ``or'' at the end of paragraph
(20),
(B) by striking the period at the end of paragraph
(21) and inserting ``; or'', and
(C) by inserting after paragraph (21) the following
new paragraph:
``(22) Agricultural labor performed by a full time student
who has not attained 18 years of age.''.
(d) Effective Date.--The amendments made by this section shall
apply to remuneration paid after December 31, 2001.
SEC. 2. COORDINATION OF COLLECTION OF AGRICULTURAL LABOR EMPLOYMENT
TAXES WITH COLLECTION OF INCOME TAXES.
(a) In General.--Subsection (c) of section 3510 of the Internal
Revenue Code of 1986 (relating to coordination of collection of
domestic service employment taxes with collection of income taxes) is
amended to read as follows:
``(c) Eligible Employment Taxes.--
``(1) In general.--For purposes of this section, the term
`eligible employment taxes' means--
``(A) domestic service employment taxes, and
``(B) agricultural labor employment taxes.
``(2) Domestic service employment taxes.--For purposes of
paragraph (1), the term `domestic service employment taxes'
means--
``(A) any taxes imposed by chapter 21 or 23 on
remuneration paid for domestic service in a private
home of the employer, and
``(B) any amount withheld from such remuneration
pursuant to an agreement under section 3402(p).
For purposes of this paragraph, the term `domestic service in a
private home of the employer' includes domestic service
described in section 3121(g)(5).
``(3) Agricultural labor employment taxes.--For purposes of
paragraph (1), the term `agricultural labor employment taxes'
means--
``(A) any taxes imposed by chapter 21 or 23 on
remuneration paid for agricultural labor, and
``(B) any amount withheld from such remuneration
pursuant to an agreement under section 3402(p).
For purposes of this paragraph, the term `agricultural labor'
has the meaning provided in section 3121(g).''.
(b) Conforming Amendments.--
(1) The heading of section 3510 of such Code is amended by
inserting ``AND AGRICULTURAL LABOR'' after ``DOMESTIC
SERVICE''.
(2) Subsections (a)(1), (b)(1), (e), and (f)(1) of such
section are each amended by striking ``domestic service
employment taxes'' and inserting ``eligible employment taxes''.
(3) The heading of subsection (b) of such section is
amended by striking ``Domestic Service'' and inserting
``Eligible''.
(4) Subsection (d) and the first sentence of subsection
(f)(1) of such section are each amended by inserting before the
period at the end the following: ``or for agricultural labor''.
(5) Subsection (e) of such section is amended by inserting
before the period at the end the following: ``and agricultural
labor employers' income taxes''.
(c) Effective Date.--The amendments made by this section shall
apply to remuneration paid after December 31, 2001. | Amends the Internal Revenue Code and the Social Security Act, respectively, to increase the cash remuneration or employer expenditure thresholds for agricultural labor wage purposes.Amends the Code to provide for collection coordination of agricultural labor employment tax and income tax. | To amend the Internal Revenue Code of 1986 to change certain threshold and other tests in order to decrease the amount of farm labor wages that are subject to Social Security and Medicare taxes, and for other purposes. |
292 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Berry Amendment Extension Act''.
SEC. 2. BUY-AMERICAN REQUIREMENT IMPOSED ON DEPARTMENT OF HOMELAND
SECURITY; EXCEPTIONS.
(a) Requirement.--Except as provided in subsections (c) through
(e), funds appropriated or otherwise available to the Department of
Homeland Security may not be used for the procurement of an item
described in subsection (b) if the item is not grown, reprocessed,
reused, or produced in the United States.
(b) Covered Items.--An item referred to in subsection (a) is any of
the following, if the item is directly related to the national security
interests of the United States:
(1) An article or item of--
(A) clothing and the materials and components
thereof, other than sensors, electronics, or other
items added to, and not normally associated with,
clothing (and the materials and components thereof);
(B) tents, tarpaulins, or covers;
(C) cotton and other natural fiber products, woven
silk or woven silk blends, spun silk yarn for cartridge
cloth, synthetic fabric or coated synthetic fabric
(including all textile fibers and yarns that are for
use in such fabrics), canvas products, or wool (whether
in the form of fiber or yarn or contained in fabrics,
materials, or manufactured articles); or
(D) any item of individual equipment manufactured
from or containing such fibers, yarns, fabrics, or
materials.
(c) Availability Exception.--Subsection (a) does not apply to the
extent that the Secretary of Homeland Security determines that
satisfactory quality and sufficient quantity of any such article or
item described in subsection (b)(1) grown, reprocessed, reused, or
produced in the United States cannot be procured as and when needed.
(d) Exception for Certain Procurements Outside the United States.--
Subsection (a) does not apply to the following:
(1) Procurements by vessels in foreign waters.
(2) Emergency procurements.
(e) Exception for Small Purchases.--Subsection (a) does not apply
to purchases for amounts not greater than the simplified acquisition
threshold referred to in section 2304(g) of title 10, United States
Code.
(f) Applicability to Contracts and Subcontracts for Procurement of
Commercial Items.--This section is applicable to contracts and
subcontracts for the procurement of commercial items notwithstanding
section 34 of the Office of Federal Procurement Policy Act (41 U.S.C.
430).
(g) Geographic Coverage.--In this section, the term ``United
States'' includes the possessions of the United States.
(h) Notification Required Within 7 Days After Contract Award if
Certain Exceptions Applied.--In the case of any contract for the
procurement of an item described in subsection (b)(1), if the Secretary
of Homeland Security applies an exception set forth in subsection (c)
with respect to that contract, the Secretary shall, not later than 7
days after the award of the contract, post a notification that the
exception has been applied on the Internet site maintained by the
General Services Administration know as FedBizOps.gov (or any successor
site).
(i) Training During Fiscal Year 2008.--
(1) In general.--The Secretary of Homeland Security shall
ensure that each member of the acquisition workforce in the
Department of Homeland Security who participates personally and
substantially in the acquisition of textiles on a regular basis
receives training during fiscal year 2008 on the requirements
of this section and the regulations implementing this section.
(2) Inclusion of information in new training programs.--The
Secretary shall ensure that any training program for the
acquisition workforce developed or implemented after the date
of the enactment of this Act includes comprehensive information
on the requirements described in paragraph (1).
(j) Consistency With International Agreements.--
(1) In general.--No provision of this Act shall apply to
the extent the Secretary of Homeland Security, in consultation
with the United States Trade Representative, determines that it
is in inconsistent with United States obligations under an
international agreement.
(2) Report.--The Secretary of Homeland Security shall
submit a report each year to Congress containing, with respect
to the year covered by the report--
(A) a list of each provision of this Act that did
not apply during that year pursuant to a determination
by the Secretary under paragraph (1); and
(B) a list of each contract awarded by the
Department of Homeland Security during that year
without regard to a provision in this Act because that
provision was made inapplicable pursuant to such a
determination.
(k) Effective Date.--This section applies with respect to contracts
entered into by the Department of Homeland Security after the date of
the enactment of this Act. | Berry Amendment Extension Act - Prohibits the Department of Homeland Security (DHS) from procuring specified covered items directly related to national security interests (including clothing, tents, or natural fiber products) that are not grown, reprocessed, reused, or produced in the United States, except to the extent satisfactory quality and sufficient quantity of any such product cannot be procured as and when needed.
Makes additional exceptions for: (1) procurements by vessels in foreign waters; (2) emergency procurements; and (3) purchases for amounts not greater than the simplified acquisition threshold ($100,000). Directs the Secretary to ensure that: (1) each member of DHS's acquisition workforce who regularly participates in textile acquisition receives training during FY2008 on this Act's requirements; and (2) any such training includes comprehensive information on such requirements. Makes this Act inapplicable to the extent that it is inconsistent with U.S. obligations under an international agreement. | To prohibit the Department of Homeland Security from procuring certain items directly related to the national security unless the items are grown, reprocessed, reused, or produced in the United States. |
293 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable Retirement Advice
Protection Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to provide that advisors who--
(1) provide advice that is impermissible under the
prohibited transaction provisions under section 406 of the
Employee Retirement Income Security Act of 1974, or
(2) breach the best interest standard for the provision of
investment advice,
are subject to liability under the Employee Retirement Income Security
Act of 1974.
SEC. 3. RULES RELATING TO THE PROVISION OF INVESTMENT ADVICE.
(a) In General.--
(1) Definition of investment advice.--Section 3(21) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(21)) is amended by adding at the end the following:
``(C)(i) For purposes of clause (ii) of subparagraph (A), the term
`investment advice' means a recommendation that--
``(I) relates to--
``(aa) the advisability of acquiring, holding,
disposing, or exchanging any moneys or other property
of a plan by the plan, plan participants, or plan
beneficiaries, including any recommendation whether to
take a distribution of benefits from such plan or any
recommendation relating to the investment of any moneys
or other property of such plan to be rolled over or
otherwise distributed from such plan;
``(bb) the management of moneys or other property
of such plan, including recommendations relating to the
management of moneys or other property to be rolled
over or otherwise distributed from such plan; or
``(cc) the advisability of retaining or ceasing to
retain a person who would receive a fee or other
compensation for providing any of the types of advice
described in this subclause; and
``(II) is rendered pursuant to--
``(aa) a written acknowledgment of the obligation
of the advisor to comply with section 404 with respect
to the provision of such recommendation; or
``(bb) a mutual agreement, arrangement, or
understanding, which may include limitations on scope,
timing, and responsibility to provide ongoing
monitoring or advice services, between the person
making such recommendation and the plan that such
recommendation is individualized to the plan and such
plan intends to materially rely on such recommendation
in making investment or management decisions with
respect to any moneys or other property of such plan.
``(ii) For purposes of clause (i)(II)(bb), any disclaimer of a
mutual agreement, arrangement, or understanding shall only state the
following: `This information is not individualized to you, and there is
no intent for you to materially rely on this information in making
investment or management decisions.'. Such disclaimer shall not be
effective unless such disclaimer is in writing and is communicated in a
clear and prominent manner and an objective person would reasonably
conclude that, based on all the facts and circumstances, there was not
a mutual agreement, arrangement, or understanding described in clause
(i)(II)(bb).
``(iii) For purposes of clause (i)(II)(bb), information shall not
be considered to be a recommendation made pursuant to a mutual
agreement, arrangement, or understanding if such information contains
the disclaimer required by clause (ii) and--
``(I) it is provided in conjunction with full and fair
disclosure in writing to a plan, plan participant, or
beneficiary that the person providing the information is doing
so in its marketing or sales capacity, including any
information regarding the terms and conditions of the
engagement of the person providing the information, and that
the person is not intending to provide investment advice within
the meaning of this subparagraph or to otherwise act within and
under the obligations of the best interest standard as
described in this subparagraph;
``(II) the person providing the information is a
counterparty or service provider to the plan in connection with
any transaction based on the information (including a service
arrangement, sale, purchase, loan, bilateral contract, swap (as
defined in section 1a of the Commodity Exchange Act (7 U.S.C.
1a)), or security-based swap (as defined in section 3(a) of the
Securities Exchange Act (15 U.S.C. 78c(a)))), but only if--
``(aa) the plan is represented, in connection with
such transaction, by a plan fiduciary who is
independent of the person providing the information,
and, except in the case of a swap or security-based
swap, independent of the plan sponsor; and
``(bb) prior to such transaction, the independent
plan fiduciary represents in writing to the person
providing the information that it is aware that the
person has a financial interest in the transaction and
that it has determined that the person is not intending
to provide investment advice within the meaning of this
subparagraph or to otherwise act as a fiduciary to the
plan subject to section 404;
``(III) the person providing the information is an employee
of any sponsoring employer or employee organization who
provides the information to the plan for no fee or other
compensation other than the employee's normal compensation;
``(IV) the person providing the information discloses in
writing to the plan fiduciary that the person is not
undertaking to provide investment advice as a fiduciary to the
plan subject to section 404 and the information consists solely
of--
``(aa) making available to the plan, without regard
to the individualized needs of the plan, securities or
other property through a platform or similar mechanism
from which a plan fiduciary may select or monitor
investment alternatives, including qualified default
investment alternatives, into which plan participants
or beneficiaries may direct the investment of assets
held in, or contributed to, their individual accounts;
or
``(bb) in connection with a platform or similar
mechanism described in item (aa)--
``(AA) identifying investment alternatives
that meet objective criteria specified by the
plan, such as criteria concerning expense
ratios, fund sizes, types of asset, or credit
quality; or
``(BB) providing objective financial data
and comparisons with independent benchmarks to
the plan;
``(V) the information consists solely of valuation
information; or
``(VI) the information consists solely of--
``(aa) information described in Department of Labor
Interpretive Bulletin 96-1 (29 C.F.R. 2509.96-1, as in
effect on January 1, 2015), regardless of whether such
education is provided to a plan or plan fiduciary or a
participant or beneficiary;
``(bb) information provided to participants or
beneficiaries regarding the factors to consider in
deciding whether to elect to receive a distribution
from a plan or an individual retirement plan (as
defined in section 7701(a)(37) of the Internal Revenue
Code of 1986) and whether to roll over such
distribution to a plan or an individual retirement plan
(as defined in section 7701(a)(37) of the Internal
Revenue Code of 1986), so long as any examples of
different distribution and rollover alternatives are
accompanied by all material facts and assumptions on
which the examples are based; or
``(cc) any additional information treated as
education by the Secretary.''.
(2) Exemption relating to investment advice.--Section
408(b) of the Employee Retirement Income Security Act of 1974
is amended by adding at the end the following:
``(21)(A) Any transaction, including a contract for
service, between a person providing investment advice described
in section 3(21)(A)(ii) and the advice recipient in connection
with such investment advice, and any transaction consisting of
the provision of such investment advice, if the following
conditions are satisfied:
``(i) No more than reasonable compensation is paid
(as determined under paragraph (2)) for such investment
advice.
``(ii) If the investment advice is based on a
limited range of investment options (which may consist,
in whole or in part, of proprietary products), such
limitations, including a clearly stated notice that the
same or similar investments may be available at a
different cost (greater or lesser) from other sources,
shall be clearly disclosed to the advice recipient
prior to any transaction based on the investment
advice. The notice shall only state the following: `The
same or similar investments may be available at a
different cost (greater or lesser) from other
sources.'.
``(iii) If the investment advice may result in
variable compensation to the person providing the
investment advice (or any affiliate of such person),
the receipt of such compensation, including a clearly
stated notice that the same or similar investments may
be available at a different cost (greater or lesser)
from other sources, shall be clearly disclosed to the
advice recipient. The notice shall only state the
following: `The same or similar investments may be
available at a different cost (greater or lesser) from
other sources.'. For purposes of this subparagraph,
clear disclosure of variable compensation means
notification prior to any transaction based on the
recommendation, in a manner calculated to be understood
by the average individual, of the following:
``(I) A notice that the person providing
the recommendation (or its affiliate) may
receive varying amounts of fees or other
compensation with respect to such transaction.
``(II) A description of any fee or other
compensation that is directly payable to the
person (or its affiliate) from the advice
recipient with respect to such transaction
(expressed as an amount, formula, percentage of
assets, per capita charge, or estimate or range
of such compensation).
``(III) A description of the types and
ranges of any indirect compensation that may be
paid to the person (or its affiliate) by any
third party in connection with such transaction
(expressed as an amount, formula, percentage of
assets, per capita charge, or estimate of such
ranges of compensation).
``(IV) Upon request of the advice
recipient, a disclosure of the specific amounts
of compensation described in clause (iii) that
the person will receive in connection with the
particular transaction (expressed as an amount,
formula, percentage of assets, per capita
charge, or estimate of such compensation).
``(B) No recommendation will fail to satisfy the conditions
described in clauses (i) through (iii) of subparagraph (A)
solely because the person, acting in good faith and with
reasonable diligence, makes an error or omission in disclosing
the information specified in such clauses, provided that the
person discloses the correct information to the advice
recipient as soon as practicable, but not later than 30 days
from the date on which the person knows of such error or
omission.
``(C) For purposes of this paragraph, the term `affiliate'
has the meaning given in subsection (g)(11)(B).''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply
with respect to communications provided or recommendations made on or
after 2 years after such date.
(c) Grandfathered Transactions and Services.--The amendments made
by subsection (a) shall not apply to any service or transaction
rendered, entered into, or for which a person has been compensated
prior to the date on which the amendments become effective under
subsection (b).
(d) Transition.--Until such time as regulations or other guidance
are issued to carry out the amendments made by subsection (a), a plan
or a fiduciary shall be treated as meeting the requirements of such
amendments if the plan or fiduciary, as the case may be, complies with
a reasonable good faith interpretation of such amendments. | Affordable Retirement Advice Protection Act This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to modify requirements related to fiduciaries and the provision of investment advice for employer-sponsored retirement plans. (Under current law, a person who provides investment advice has a fiduciary obligation that requires the person to provide advice in the sole interest of plan participants and beneficiaries.) The bill defines "investment advice" as a recommendation that relates to: the advisability of acquiring, holding, disposing, or exchanging any moneys or other property of a plan by the plan, participants, or beneficiaries, including any recommendation regarding whether to take a distribution of benefits from the plan or any recommendation relating to a rollover or distribution from such plan; the management of moneys or other property of the plan, including recommendations relating to the management of plan assets to be rolled over or otherwise distributed from the plan; or the advisability of retaining or ceasing to retain a person who would receive a fee or other compensation for providing investment advice. Investment advice must be rendered pursuant to either: (1) a written acknowledgment of the obligation of the advisor to comply with fiduciary standards under ERISA; or (2) a mutual agreement, arrangement, or understanding that may include limitations on scope, timing, and responsibility to provide ongoing monitoring or advice services. The bill allows an exemption from ERISA prohibited transactions rules for investment advice if: (1) no more than reasonable compensation is paid for the advice, and (2) specified disclosures and notifications are provided to the recipient of advice that is based on a limited range of investment options or may result in variable income to the investment advisor. | Affordable Retirement Advice Protection Act |
294 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Removing Excess Litigation Involving
Energy on Federal Lands Act'' or the ``RELIEF Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States spends over $1 billion per day to
import crude oil from foreign countries;
(2) such expenditure represents the largest wealth transfer
in history;
(3) the United States has at least 86 billion barrels of
oil and 420 trillion cubic feet of natural gas in the outer
Continental Shelf;
(4) environmental groups have legally challenged every
lease in the Alaskan Outer Continental Shelf in the Chukchi and
Beaufort Seas;
(5) environmental groups have legally challenged the entire
2007-2012 5-year national outer Continental Shelf leasing
program;
(6) such legal challenges significantly delay or ultimately
prevent energy resources from reaching the American public;
(7) these legal challenges come at a high cost to the
American public and the American economy; and
(8) Congress finds that expedited judicial review is
necessary to prevent this gross abuse of the United States
judicial system.
SEC. 3. EXCLUSIVE JURISDICTION OVER CAUSES AND CLAIMS RELATING TO
COVERED ENERGY PROJECTS.
Notwithstanding any other provision of law, the United States
District Court for the District of Columbia shall have exclusive
jurisdiction to hear all causes and claims under this Act or any other
Act that arise from any covered energy project.
SEC. 4. TIME FOR FILING COMPLAINT.
All causes and claims referred to in section 3 must be filed not
later than the end of the 60-day period beginning on the date of the
action or decision by a Federal official that constitutes the covered
energy project concerned. Any cause or claim not filed within that time
period shall be barred.
SEC. 5. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA DEADLINE.
(a) In General.--All proceedings that are subject to section 3--
(1) shall be resolved as expeditiously as possible, and in
any event not more than 180 days after such cause or claim is
filed; and
(2) shall take precedence over all other pending matters
before the district court.
(b) Failure To Comply With Deadline.--If an interlocutory or final
judgment, decree, or order has not been issued by the district court by
the deadline described under this section, the cause or claim shall be
dismissed with prejudice and all rights relating to such cause or claim
shall be terminated.
SEC. 6. ABILITY TO SEEK APPELLATE REVIEW.
An interlocutory or final judgment, decree, or order of the
district court may be reviewed by no other court except the Supreme
Court.
SEC. 7. DEADLINE FOR APPEAL TO THE SUPREME COURT.
If a writ of certiorari has been granted by the Supreme Court
pursuant to section 6, then--
(1) the interlocutory or final judgment, decree, or order
of the district court shall be resolved as expeditiously as
possible and in any event not more than 180 days after such
interlocutory or final judgment, decree, order of the district
court is issued; and
(2) all such proceedings shall take precedence over all
other matters then before the Supreme Court.
SEC. 8. LIMITATION ON SCOPE OF REVIEW AND RELIEF.
(a) Administrative Findings and Conclusions.--In any judicial
review of any Federal action under this Act, any administrative
findings and conclusions relating to the challenged Federal action
shall be presumed to be correct unless shown otherwise by clear and
convincing evidence contained in the administrative record.
(b) Limitation on Prospective Relief.--In any judicial review of
any action, or failure to act, under this Act, the Court shall not
grant or approve any prospective relief unless the Court finds that
such relief is narrowly drawn, extends no further than necessary to
correct the violation of a Federal law requirement, and is the least
intrusive means necessary to correct the violation concerned.
SEC. 9. LEGAL FEES.
Any person filing a petition seeking judicial review of any action,
or failure to act, under this Act who is not a prevailing party shall
pay to the prevailing parties (including intervening parties), other
than the United States, fees and other expenses incurred by that party
in connection with the judicial review, unless the Court finds that the
position of the person was substantially justified or that special
circumstances make an award unjust.
SEC. 10. EXCLUSION.
This Act shall not apply with respect to disputes between the
parties to a lease issued pursuant to an authorizing leasing statute
regarding the obligations of such lease or the alleged breach thereof.
SEC. 11. COVERED ENERGY PROJECT DEFINED.
In this Act, the term ``covered energy project'' means any action
or decision by a Federal official regarding--
(1) the leasing of Federal lands (including submerged
lands) for the exploration, development, production,
processing, or transmission of oil, natural gas, or any other
source or form of energy, including actions and decisions
regarding the selection or offering of Federal lands for such
leasing; or
(2) any action under such a lease. | Removing Excess Litigation Involving Energy on Federal Lands Act or the RELIEF Act - Establishes judicial procedures for causes and claims relating to any action or decision by a federal official regarding the leasing of federal lands (including submerged lands) for the exploration, development, production, processing, or transmitting of oil, natural gas, or any other source or form of energy.
Grants the U.S. District Court for the District of Columbia exclusive jurisdiction to hear all causes and claims that arise from any covered energy project. | To establish judicial procedures for causes and claims relating to any action or decision by a Federal official regarding the leasing of Federal lands (including submerged lands) for the exploration, development, production, processing, or transmission of oil, natural gas, or any other source or form of energy, and for other purposes. |
295 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Timber Industry Fairness
Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to assist entities involved in the
timber industry in Alaska--
(1) to deal with the adverse impacts of Federal timber
policy;
(2) to facilitate the economic adjustment of those
entities; and
(3) to retain jobs and lessen the impact of unemployment in
communities where those entities are located.
SEC. 3. FEDERAL TIMBER POLICY DEFINED.
In this Act, the term ``Federal timber policy'' means any law or
regulation of the United States relating to the timber industry,
including any policy of the United States Forest Service and any land
management plans completed pursuant to National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) related to the timber industry.
SEC. 4. GRANTS AUTHORIZED.
The Assistant Secretary for Economic Development of the Department
of Commerce (in this Act referred to as the ``Assistant Secretary'')
may provide grants to eligible entities described in section 5 for
retooling projects described in section 6.
SEC. 5. ELIGIBLE ENTITIES DESCRIBED.
An eligible entity described in this section is any entity,
including sawmills, logging companies, and road construction companies,
that--
(1) operated in the timber industry in Alaska on January 1,
2008;
(2) operated in the timber industry in Alaska for not less
than 10 years; and
(3) can demonstrate that the entity has been harmed by
Federal timber policy.
SEC. 6. RETOOLING PROJECTS DESCRIBED.
(a) In General.--A retooling project described in this section is a
project designed to facilitate the economic adjustment of an eligible
entity by allowing the eligible entity--
(1) to improve or alter the business and practices of the
eligible entity to allow the eligible entity to become more
competitive within the timber industry; or
(2) to shift to a type of business that is not related to
the timber industry.
(b) Additional Requirement.--An eligible entity seeking a grant for
a retooling project shall commit, to the extent practicable, to
continue to employ substantially the same number of employees employed
by the eligible entity on January 1, 2008, for a reasonable period
after the completion of the retooling project, as determined by the
Assistant Secretary.
SEC. 7. APPLICATION PROCESS.
(a) In General.--An eligible entity seeking a grant under this Act
shall submit an application to the Assistant Secretary in such form and
in such manner as the Assistant Secretary considers appropriate.
(b) Contents.--An application submitted under subsection (a) shall
include--
(1) a description of the retooling project for which the
eligible entity is seeking a grant;
(2) a business plan and budget, including start-up costs,
for the retooling project; and
(3) a demonstration of the likelihood of success of the
retooling project.
(c) Approval.--Not later than 30 days after the date on which the
Assistant Secretary receives an application under subsection (a) from
an eligible entity, the Assistant Secretary shall determine whether to
award a grant to the eligible entity.
(d) Denial.--If the Assistant Secretary determines not to award a
grant to an eligible entity that submitted an application under
subsection (a), the Assistant Secretary shall afford the eligible
entity a reasonable opportunity to address any deficiencies in the
application.
SEC. 8. AMOUNT OF GRANT.
(a) In General.--Not later than 30 days after the date on which the
Assistant Secretary determines to award a grant to an eligible entity,
the Assistant Secretary shall--
(1) approve the business plan and the budget for the
retooling project of the eligible entity; and
(2) determine the amount of the grant to award the eligible
entity.
(b) Determination.--In determining the amount of the grant to award
to an eligible entity, the Assistant Secretary shall consider the
budget for the retooling plan approved under subsection (a)(1). The
amount of the grant--
(1) shall cover 75 percent of the cost of the budget, not
including any debt reimbursement costs; and
(2) may cover up to 100 percent of the cost of the budget
if the Assistant Secretary determines appropriate based on--
(A) the severity of the harm to the eligible entity
related to Federal timber policy; and
(B) the extent of unemployment in the community in
which the retooling project will be based.
SEC. 9. USE OF GRANT FUNDS.
(a) In General.--An eligible entity receiving a grant under this
Act--
(1) may use the grant--
(A) to pay for start-up costs necessary for the
retooling project, including equipment, worker
training, facility acquisition, technical assistance,
and raw materials; and
(B) to reimburse the eligible entity for the
unamortized portion of debt described in subsection
(b); and
(2) may not use the grant for the ongoing operational and
maintenance costs of the eligible entity.
(b) Reimbursement of Debt.--
(1) In general.--An eligible entity may use a grant under
this Act for the reimbursement of debt under subsection
(a)(1)(B), without regard to whether the debt is held by
Federal or private lenders, if--
(A) the eligible entity demonstrates that the debt
was incurred--
(i) to acquire or improve infrastructure or
equipment related to the timber industry,
including sawmills, logging equipment, and road
construction equipment, as a result of Federal
timber policy; and
(ii) on or after January 1, 1998, and
before January 1, 2008; and
(B) the lender certifies and notarizes the amount
of unamortized debt.
(2) Reduction.--The amount of a grant to be used for the
reimbursement of debt under subsection (a)(1)(B) shall be
reduced by the amount of any proceeds from the sale by the
eligible entity of any infrastructure or equipment described in
paragraph (1)(A).
SEC. 10. DURATION OF GRANT PROGRAM.
The grant program under this Act shall be carried out during the 2-
year period beginning on the date on which the Assistant Secretary
prescribes the regulations under section 12.
SEC. 11. TREATMENT AS A MINORITY SMALL BUSINESS CONCERN UNDER THE SMALL
BUSINESS ACT.
Notwithstanding any other provision of law, an eligible entity
receiving a grant under this Act shall be treated as a small business
concern owned or controlled by socially and economically disadvantaged
individuals (as that term is defined in section 8(d)(3)(C) of the Small
Business Act (15 U.S.C. 637(d)(3)(C)) for purposes of the Small
Business Act (15 U.S.C. 631 et seq.) for 3 years after the date on
which the Assistant Secretary approves the application of the eligible
entity for a grant under section 7.
SEC. 12. REGULATIONS.
Not later than 120 days after the date of the enactment of this
Act, the Assistant Secretary shall prescribe regulations to carry out
the grant program under this Act.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce $40,000,000 to carry out the grant program under this Act for
fiscal years 2009 and 2010. | Alaska Timber Industry Fairness Act - Establishes a two-year grant program for retooling projects that are designed to facilitate the economic adjustment of specified timber entities by allowing them to: (1) improve or alter their business and practices to become more competitive within the timber industry; or (2) shift to a type of business that is not related to the timber industry.
Authorizes the Assistant Secretary for Economic Development of the Department of Commerce to provide grants under such program to any entity that operated in the timber industry in Alaska on January 1, 2008, that operated in Alaska for not less than 10 years, and that can demonstrate that it has been harmed by federal laws or regulations relating to the timber industry, including the United States Forest Service's policies and land management plans completed pursuant to National Environmental Policy Act of 1969.
Sets forth provisions concerning eligible uses of grant funding.
Treats a grant recipient as a small business concern owned or controlled by socially and economically disadvantaged individuals (as that term is defined in the Small Business Act) for three years after the grant was approved. | A bill to establish a grant program to encourage retooling of entities in the timber industry in Alaska, and for other purposes. |
296 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Long-Term Care Affordability and
Security Act of 2009''.
SEC. 2. TREATMENT OF PREMIUMS ON QUALIFIED LONG-TERM CARE INSURANCE
CONTRACTS.
(a) In General.--
(1) Cafeteria plans.--The last sentence of section 125(f)
of the Internal Revenue Code of 1986 (defining qualified
benefits) is amended by inserting before the period at the end
``; except that such term shall include the payment of premiums
for any qualified long-term care insurance contract (as defined
in section 7702B) to the extent the amount of such payment does
not exceed the eligible long-term care premiums (as defined in
section 213(d)(10)) for such contract''.
(2) Flexible spending arrangements.--Section 106 of such
Code (relating to contributions by an employer to accident and
health plans) is amended by striking subsection (c) and
redesignating subsection (d) as subsection (c).
(b) Conforming Amendments.--
(1) Section 6041 of such Code is amended by adding at the
end the following new subsection:
``(h) Flexible Spending Arrangement Defined.--For purposes of this
section, a flexible spending arrangement is a benefit program which
provides employees with coverage under which--
``(1) specified incurred expenses may be reimbursed
(subject to reimbursement maximums and other reasonable
conditions), and
``(2) the maximum amount of reimbursement which is
reasonably available to a participant for such coverage is less
than 500 percent of the value of such coverage.
In the case of an insured plan, the maximum amount reasonably available
shall be determined on the basis of the underlying coverage.''.
(2) The following sections of such Code are each amended by
striking ``section 106(d)'' and inserting ``section 106(c)'':
sections 223(b)(4)(B), 223(d)(4)(C), 223(f)(3)(B), 3231(e)(11),
3306(b)(18), 3401(a)(22), 4973(g)(1), and 4973(g)(2)(B)(i).
(3) Section 6041(f)(1) of such Code is amended by striking
``(as defined in section 106(c)(2))''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
SEC. 3. ADDITIONAL CONSUMER PROTECTIONS FOR LONG-TERM CARE INSURANCE.
(a) Additional Protections Applicable to Long-Term Care
Insurance.--Subparagraphs (A) and (B) of section 7702B(g)(2) of the
Internal Revenue Code of 1986 (relating to requirements of model
regulation and Act) are amended to read as follows:
``(A) In general.--The requirements of this
paragraph are met with respect to any contract if such
contract meets--
``(i) Model regulation.--The following
requirements of the model regulation:
``(I) Section 6A (relating to
guaranteed renewal or
noncancellability), other than
paragraph (5) thereof, and the
requirements of section 6B of the model
Act relating to such section 6A.
``(II) Section 6B (relating to
prohibitions on limitations and
exclusions) other than paragraph (7)
thereof.
``(III) Section 6C (relating to
extension of benefits).
``(IV) Section 6D (relating to
continuation or conversion of
coverage).
``(V) Section 6E (relating to
discontinuance and replacement of
policies).
``(VI) Section 7 (relating to
unintentional lapse).
``(VII) Section 8 (relating to
disclosure), other than sections 8F,
8G, 8H, and 8I thereof.
``(VIII) Section 11 (relating to
prohibitions against post-claims
underwriting).
``(IX) Section 12 (relating to
minimum standards).
``(X) Section 13 (relating to
requirement to offer inflation
protection).
``(XI) Section 25 (relating to
prohibition against preexisting
conditions and probationary periods in
replacement policies or certificates).
``(XII) The provisions of section
28 relating to contingent nonforfeiture
benefits, if the policyholder declines
the offer of a nonforfeiture provision
described in paragraph (4) of this
subsection.
``(ii) Model act.--The following
requirements of the model Act:
``(I) Section 6C (relating to
preexisting conditions).
``(II) Section 6D (relating to
prior hospitalization).
``(III) The provisions of section 8
relating to contingent nonforfeiture
benefits, if the policyholder declines
the offer of a nonforfeiture provision
described in paragraph (4) of this
subsection.
``(B) Definitions.--For purposes of this
paragraph--
``(i) Model regulation.--The term `model
regulation' means the long-term care insurance
model regulation promulgated by the National
Association of Insurance Commissioners (as
adopted as of December 2006).
``(ii) Model act.--The term `model Act'
means the long-term care insurance model Act
promulgated by the National Association of
Insurance Commissioners (as adopted as of
December 2006).
``(iii) Coordination.--Any provision of the
model regulation or model Act listed under
clause (i) or (ii) of subparagraph (A) shall be
treated as including any other provision of
such regulation or Act necessary to implement
the provision.
``(iv) Determination.--For purposes of this
section and section 4980C, the determination of
whether any requirement of a model regulation
or the model Act has been met shall be made by
the Secretary.''.
(b) Excise Tax.--Paragraph (1) of section 4980C(c) of the Internal
Revenue Code of 1986 (relating to requirements of model provisions) is
amended to read as follows:
``(1) Requirements of model provisions.--
``(A) Model regulation.--The following requirements
of the model regulation must be met:
``(i) Section 9 (relating to required
disclosure of rating practices to consumer).
``(ii) Section 14 (relating to application
forms and replacement coverage).
``(iii) Section 15 (relating to reporting
requirements).
``(iv) Section 22 (relating to filing
requirements for marketing).
``(v) Section 23 (relating to standards for
marketing), including inaccurate completion of
medical histories, other than paragraphs (1),
(6), and (9) of section 23C.
``(vi) Section 24 (relating to
suitability).
``(vii) Section 27 (relating to the right
to reduce coverage and lower premiums).
``(viii) Section 31 (relating to standard
format outline of coverage).
``(ix) Section 32 (relating to requirement
to deliver shopper's guide).
The requirements referred to in clause (vi) shall not
include those portions of the personal worksheet
described in Appendix B relating to consumer protection
requirements not imposed by section 4980C or 7702B.
``(B) Model act.--The following requirements of the
model Act must be met:
``(i) Section 6F (relating to right to
return).
``(ii) Section 6G (relating to outline of
coverage).
``(iii) Section 6H (relating to
requirements for certificates under group
plans).
``(iv) Section 6J (relating to policy
summary).
``(v) Section 6K (relating to monthly
reports on accelerated death benefits).
``(vi) Section 7 (relating to
incontestability period).
``(vii) Section 9 (relating to producer
training requirements).
``(C) Definitions.--For purposes of this paragraph,
the terms `model regulation' and `model Act' have the
meanings given such terms by section 7702B(g)(2)(B).''.
(c) Effective Date.--The amendments made by this section shall
apply to policies issued more than 1 year after the date of the
enactment of this Act. | Long-Term Care Affordability and Security Act of 2009 - Amends the Internal Revenue Code to: (1) include long-term care insurance as a benefit under tax-exempt employee benefit cafeteria plans and flexible spending arrangements; and (2) extend certain consumer protections under the long-term care insurance model regulation promulgated by the National Association of Insurance Commissioners to all contracts for long-term care insurance. | To amend the Internal Revenue Code of 1986 to allow long-term care insurance to be offered under cafeteria plans and flexible spending arrangements and to provide additional consumer protections for long-term care insurance. |
297 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``First-Time Homebuyers' Tax Credit
Act of 2009''.
SEC. 2. REFUNDABLE CREDIT FOR FIRST-TIME HOMEBUYERS.
(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 36 the following new section:
``SEC. 36A. PURCHASE OF PRINCIPAL RESIDENCE BY FIRST-TIME HOMEBUYER.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an individual who is a
first-time homebuyer of a principal residence in the United
States during any taxable year, there shall be allowed as a
credit against the tax imposed by this subtitle for the taxable
year an amount equal to so much of the purchase price of the
residence as does not exceed $20,000.
``(2) Taxable income limitation.--No credit shall be
allowed under subsection (a) if the taxpayer's adjusted gross
income for the taxable year immediately preceding the taxable
year in which the purchase of the principal residence occurs
exceeds $75,000 ($150,000 in the case of a joint return).
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) First-time homebuyer.--
``(A) In general.--The term `first-time homebuyer'
has the same meaning as when used in section
72(t)(8)(D)(i).
``(B) One-time only.--If an individual is treated
as a first-time homebuyer with respect to any principal
residence, such individual may not be treated as a
first-time homebuyer with respect to any other
principal residence.
``(C) Married individuals filing jointly.--In the
case of married individuals who file a joint return,
the credit under this section is allowable only if both
individuals are first-time homebuyers.
``(D) Other taxpayers.--If 2 or more individuals
who are not married purchase a principal residence--
``(i) the credit under this section is
allowable only if each of the individuals is a
first-time homebuyer, and
``(ii) the amount of the credit allowed
under subsection (a) shall be allocated among
such individuals in such manner as the
Secretary may prescribe.
``(2) Principal residence.--The term `principal residence'
has the same meaning as when used in section 121. Except as
provided in regulations, an interest in a partnership, S
corporation, or trust which owns an interest in a residence
shall not be treated as an interest in a residence.
``(3) Purchase.--
``(A) In general.--The term `purchase' means any
acquisition, but only if--
``(i) the property is not acquired from a
person whose relationship to the person
acquiring it would result in the disallowance
of losses under section 267 or 707(b) (but, in
applying section 267 (b) and (c) for purposes
of this section, paragraph (4) of section
267(c) shall be treated as providing that the
family of an individual shall include only the
individual's spouse, ancestors, and lineal
descendants), and
``(ii) the basis of the property in the
hands of the person acquiring it is not
determined--
``(I) in whole or in part by
reference to the adjusted basis of such
property in the hands of the person
from whom acquired, or
``(II) under section 1014(a)
(relating to property acquired from a
decedent).
``(B) Construction.--A residence which is
constructed by the taxpayer shall be treated as
purchased by the taxpayer.
``(4) Purchase price.--The term `purchase price' means the
adjusted basis of the principal residence on the date of
acquisition (within the meaning of section 72(t)(8)(D)(iii)).
``(c) Denial of Double Benefit.--No credit shall be allowed under
subsection (a) for any expense for which a deduction or credit is
allowed under any other provision of this chapter.
``(d) Basis Adjustment.--For purposes of this subtitle, if a credit
is allowed under this section with respect to the purchase of any
residence, the basis of such residence shall be reduced by the amount
of the credit so allowed.
``(e) Property To Which Section Applies.--The provisions of this
section shall apply to a principal residence if the taxpayer purchases
the residence during the period beginning on the date of enactment, and
ending on the date which is 1 year after such date.''.
(b) Conforming Amendments.--
(1) Subsection (a) of section 1016 of the Internal Revenue
Code of 1986 (relating to general rule for adjustments to
basis) is amended by striking ``and'' at the end of paragraph
(36), by striking the period at the end of paragraph (37) and
inserting ``, and'', and by adding at the end the following new
paragraph:
``(38) in the case of a residence with respect to which a
credit was allowed under section 36A, to the extent provided in
section 36A(d).''.
(2) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting ``or 36A'' after ``36''.
(c) Clerical Amendment.--The table of sections for subpart C of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 36 the
following new item:
``Sec. 36A. Purchase of principal residence by first-time homebuyer.''. | First-Time Homebuyers' Tax Credit Act of 2009 - Amends the Internal Revenue Code to allow an individual taxpayer who qualifies as a first-time homebuyer (i.e., an individual who had no ownership interest in a principal residence within the past two years) a one-time refundable credit for up to $20,000 of the purchase price of a principal residence. Reduces such credit for taxpayers with adjusted gross incomes exceeding $75,000 ($150,000 for married couples filing jointly). | A bill to amend the Internal Revenue Code of 1986 to allow a refundable credit against income tax for the purchase of a principal residence by a first-time homebuyer. |
298 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia and United
States Territories Circulating Quarter Dollar Program Act''.
SEC. 2. ISSUANCE OF REDESIGNED QUARTER DOLLARS HONORING THE DISTRICT OF
COLUMBIA AND EACH OF THE TERRITORIES.
Section 5112 of title 31, United States Code, is amended by
inserting after subsection (m) the following new subsection:
``(n) Redesign and Issuance of Circulating Quarter Dollar Honoring
the District of Columbia and Each of the Territories.--
``(1) Redesign in 2009.--
``(A) In general.--Notwithstanding the fourth
sentence of subsection (d)(1) and subsection (d)(2) and
subject to paragraph (6)(B), quarter dollar coins
issued during 2009, shall have designs on the reverse
side selected in accordance with this subsection which
are emblematic of the District of Columbia and the
territories.
``(B) Flexibility with regard to placement of
inscriptions.--Notwithstanding subsection (d)(1), the
Secretary may select a design for quarter dollars
issued during 2009 in which--
(i) the inscription described in the second
sentence of subsection (d)(1) appears on the
reverse side of any such quarter dollars; and
(ii) any inscription described in the third
sentence of subsection (d)(1) or the
designation of the value of the coin appears on
the obverse side of any such quarter dollars.
``(2) Single district or territory design.--The design on
the reverse side of each quarter dollar issued during 2009
shall be emblematic of one of the following: The District of
Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the United States Virgin Islands, and the Commonwealth
of the Northern Mariana Islands.
``(3) Selection of design.--
``(A) In general.--Each of the 6 designs required
under this subsection for quarter dollars shall be--
``(i) selected by the Secretary after
consultation with--
``(I) the chief executive of the
District of Columbia or the territory
being honored, or such other officials
or group as the chief executive officer
of the District of Columbia or the
territory may designate for such
purpose; and
``(II) the Commission of Fine Arts;
and
``(ii) reviewed by the Citizens Coinage
Advisory Committee.
``(B) Selection and approval process.--Designs for
quarter dollars may be submitted in accordance with the
design selection and approval process developed by the
Secretary in the sole discretion of the Secretary.
``(C) Participation.--The Secretary may include
participation by District or territorial officials,
artists from the District of Columbia or the territory,
engravers of the United States Mint, and members of the
general public.
``(D) Standards.--Because it is important that the
Nation's coinage and currency bear dignified designs of
which the citizens of the United States can be proud,
the Secretary shall not select any frivolous or
inappropriate design for any quarter dollar minted
under this subsection.
``(E) Prohibition on certain representations.--No
head and shoulders portrait or bust of any person,
living or dead, and no portrait of a living person may
be included in the design of any quarter dollar under
this subsection.
``(4) Treatment as numismatic items.--For purposes of
sections 5134 and 5136, all coins minted under this subsection
shall be considered to be numismatic items.
``(5) Issuance.--
``(A) Quality of coins.--The Secretary may mint and
issue such number of quarter dollars of each design
selected under paragraph (4) in uncirculated and proof
qualities as the Secretary determines to be
appropriate.
``(B) Silver coins.--Notwithstanding subsection
(b), the Secretary may mint and issue such number of
quarter dollars of each design selected under paragraph
(4) as the Secretary determines to be appropriate, with
a content of 90 percent silver and 10 percent copper.
``(C) Timing and order of issuance.--Coins minted
under this subsection honoring the District of Columbia
and each of the territories shall be issued in equal
sequential intervals during 2009 in the following
order: the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the United States
Virgin Islands, and the Commonwealth of the Northern
Mariana Islands.
``(6) Other provisions.--
``(A) Application in event of admission as a
state.--If the District of Columbia or any territory
becomes a State before the end of the 10-year period
referred to in subsection (l)(1), subsection (l)(7)
shall apply, and this subsection shall not apply, with
respect to such State.
``(B) Application in event of independence.--If any
territory becomes independent or otherwise ceases to be
a territory or possession of the United States before
quarter dollars bearing designs which are emblematic of
such territory are minted pursuant to this subsection,
this subsection shall cease to apply with respect to
such territory.
``(7) Territory defined.--For purposes of this subsection,
the term `territory' means the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.''.
Passed the House of Representatives March 25, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | District of Columbia and United States Territories Circulating Quarter Dollar Program Act - Amends Federal law to provide for the issuance of redesigned quarter dollars in 2009 honoring the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. Prohibits such design from bearing the head and shoulders portrait or bust of any person, living or dead, or any portrait of a living person.
Provides for: (1) flexibility of inscription placement; (2) design selection by the Secretary of the Treasury after consultation with the chief executive of the District of Columbia or the Territory, and the Commission of Fine Arts, and review by the Citizens Coinage Advisory Committee; (3) treatment as numismatic items; (4) participation by District or territorial officials, artists from the District of Columbia or Territory, engravers of the United States Mint, and members of the general public; and (5) issuance as silver coins. | To provide for a circulating quarter dollar coin program to honor the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, and for other purposes. |
299 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``World Bank International Development
Association Replenishment Act of 2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Greenhouse gas.--The term ``greenhouse gas'' means
carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, a
perfluorocarbon, or a hydrofluorocarbon.
(2) Multilateral development bank.--The term ``multilateral
development bank'' has the meaning given that term in section
1307 of the International Financial Institutions Act (22 U.S.C.
262m-7).
SEC. 3. EXPANSION OF CLIMATE CHANGE MITIGATION ACTIVITIES OF, AND USE
OF GREENHOUSE GAS ACCOUNTING BY, MULTILATERAL DEVELOPMENT
BANKS.
Title XIII of the International Financial Institutions Act (22
U.S.C. 262m et seq.) is amended by adding at the end the following:
``SEC. 1308. EXPANSION OF CLIMATE CHANGE MITIGATION ACTIVITIES OF, AND
USE OF GREENHOUSE GAS ACCOUNTING BY, MULTILATERAL
DEVELOPMENT BANKS.
``(a) Use of Greenhouse Gas Accounting.--The Secretary of the
Treasury shall seek to ensure that multilateral development banks (as
defined in section 1701(c)(4)) adopt and implement greenhouse gas
accounting in analyzing the benefits and costs of individual projects
(excluding those with de minimus greenhouse gas emissions) for which
funding is sought from the bank.
``(b) Sense of Congress.--It is the sense of Congress that adopting
and implementing greenhouse gas accounting includes--
``(1) calculating net greenhouse gas flows;
``(2) establishing uniform calculation techniques, with
provision for modification as professional standards evolve;
``(3) making public the calculation techniques and
calculations;
``(4) measuring greenhouse gas emissions of individual
projects;
``(5) considering global social costs of the emissions when
evaluating the economic cost benefit of such projects; and
``(6) performing greenhouse gas accounting for each such
project.
``(c) Expansion of Climate Change Mitigation Activities.--The
Secretary of the Treasury shall work to ensure that the multilateral
development banks (as defined in section 1701(c)(4)) expand their
activities supporting climate change mitigation by--
``(1) expending support for low-cost, high-gain investments
in energy efficiency and renewable energy;
``(2) reviewing all proposed infrastructure investments to
ensure that all opportunities for integrating viable energy
efficiency measures have been considered;
``(3) increasing the dialogue with the governments of
developing countries regarding--
``(A) analysis and policy measures needed for low
carbon emission economic development; and
``(B) reforms needed to promote private sector
engagement in low-cost, high-gain renewable and energy
efficiency investments; and
``(4) integrate low carbon emission economic development
objectives into multilateral development bank country
strategies.
``(d) Report to Congress.--Not later than 1 year after the date of
the enactment of this section, and annually thereafter, the Secretary
of the Treasury shall submit a report on the status of efforts to
implement this section to the Committee on Foreign Relations of the
Senate and the Committee on Financial Services of the House of
Representatives.''.
SEC. 4. ANTI-CORRUPTION CAPACITY BUILDING.
The Secretary of the Treasury shall instruct the United States
Executive Director at the World Bank to--
(1) urge the World Bank to help countries build capacity to
investigate, adjudicate, and punish corruption and all crimes
in a manner consistent with well-established law enforcement
and judicial norms; and
(2) actively promote efforts to enhance and extend programs
that improve recipient countries' ability to prevent,
investigate, and prosecute fraud and corruption, including in
projects funded by the World Bank, through initiatives aimed
at--
(A) building institutional capacity across
recipient country government agencies;
(B) improving transparency and accountability
mechanisms throughout government;
(C) promoting public education of the costs of
corruption;
(D) encouraging recipient countries to adopt
enforceable sanctions;
(E) supporting the judicial sector in low-income
countries to include investigative and prosecutorial
functions of the criminal justice system, as permitted
by determinations of noninterference in political
matters required by the World Bank Articles of
Agreement; and
(F) developing additional tools for the detection
of fraud and corruption in World Bank projects as
additional preventative measures and to equip recipient
countries with more real-time data to support in-
country investigations at earlier stages of the project
cycle.
SEC. 5. REPORTS ON PROCESS TO ADDRESS INSPECTION FUNCTIONS WITHIN THE
MULTILATERAL DEVELOPMENT BANKS.
The Secretary of the Treasury shall instruct the United States
Executive Director at each multilateral development bank to use the
voice and vote of the United States to--
(1) encourage the World Bank Inspection Panel, the
Compliance Advisor Ombudsman of the International Finance
Corporation and Multilateral Investment Guarantee Agency, the
African Development Bank Independent Review Mechanism, the
InterAmerican Development Bank Independent Investigation
Mechanism, the Asian Development Bank Accountability Mechanism,
and the European Bank for Reconstruction and Development
Independent Recourse Mechanism to include, if not done already,
in their respective publications, an assessment of--
(A) the number of cases, key findings, and outcomes
of completed inspection processes;
(B) the level and extent of participation of
requesters and other affected people in the compliance
investigation process, including the extent to which
their concerns were raised before the Board and senior
management of the bank;
(C) the level and extent of participation of
requesters and other affected people in the problem-
solving process, where applicable; and
(D) inclusion of stakeholders in the creation of
action plans or remedial agreements to--
(i) remedy identified violations of the
policies and procedures of the bank; and
(ii) address outstanding issues identified
in a problem-solving process, if applicable;
and
(2) strengthen the inspection mechanism in such development
banks where the Department of the Treasury has identified
weaknesses.
SEC. 6. EVALUATION.
(a) In General.--The Secretary of the Treasury shall seek to ensure
that multilateral development banks--
(1) rigorously evaluate the development impact of selected
bank projects, programs, and financing operations; and
(2) use random assignment in conducting the evaluations
described in paragraph (1), to the extent feasible.
(b) Sense of Congress.--It is the sense of Congress that--
(1) multilateral development banks should rigorously
evaluate the development impact of selected bank projects,
programs, and financing operations;
(2) the evaluations described in paragraph (1) should--
(A) focus strategically on building a body of
research-proven approaches that have sizeable,
sustained impacts on important development outcomes;
and
(B) use random assignment to the extent feasible;
and
(3) multilateral development banks should issue an annual
report or similar publication with details about--
(A) the questions being addressed;
(B) the rationale for selecting the projects,
programs, and financing operations that are being
evaluated;
(C) the methodologies used in the evaluations; and
(D) the findings from the completed evaluations.
SEC. 7. INTERNATIONAL DEVELOPMENT ASSOCIATION.
The International Development Association Act (22 U.S.C. 284 et
seq.) is amended by adding at the end the following:
``SEC. 24. FIFTEENTH REPLENISHMENT.
``(a) The United States Governor of the International Development
Association is authorized to contribute, on behalf of the United
States, $3,705,000,000 to the fifteenth replenishment of the resources
of the Association, subject to obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated
$3,705,000,000 for payment by the Secretary of the Treasury.
``SEC. 25. MULTILATERAL DEBT RELIEF.
``(a) The Secretary of the Treasury is authorized to contribute, on
behalf of the United States, not more than $356,000,000 to the
International Development Association for the purpose of funding debt
relief under the Multilateral Debt Relief Initiative in the period
governed by the fifteenth replenishment of resources of the
International Development Association, subject to obtaining the
necessary appropriations and without prejudice to any funding
arrangements in existence on the date of the enactment of this section.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, not more than $356,000,000 for payment by the
Secretary of the Treasury.
``(c) In this section, the term `Multilateral Debt Relief
Initiative' means the proposal set out in the G8 Finance Ministers'
Communique entitled `Conclusions on Development,' done at London, June
11, 2005, and reaffirmed by G8 Heads of State at the Gleneagles Summit
on July 8, 2005.''.
SEC. 8. COORDINATION OF DEVELOPMENT POLICY.
(a) Study.--The Secretary of the Treasury, in coordination with the
Secretary of State, the Administrator of the United States Agency for
International Development, and other Federal agencies, as appropriate,
shall conduct a study on the respective roles each agency plays in the
formulation of United States policy concerning the development policy,
programs, and activities of the World Bank Group.
(b) Report.--
(1) Submission.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of the Treasury shall
submit a report that includes the results of the study
conducted under subsection (a) to--
(A) the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Financial Services of the
House of Representatives.
(2) Contents.--The report submitted under paragraph (1)
shall specifically address and evaluate the degree and extent
of interagency coordination in the formulation and
implementation of United States policy relating to the
development activities of the World Bank Group. | World Bank International Development Association Replenishment Act of 2009 - (Sec. 2) Defines "greenhouse gas" as carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, a perfluorocarbon, or a hydrofluorocarbon.
(Sec. 3) Amends the International Financial Institutions Act to direct the Secretary of the Treasury to: (1) seek to ensure that multilateral development banks implement greenhouse gas accounting in analyzing the benefits and costs of individual projects, and expand their climate change mitigation activities; and (2) submit a related annual report to the appropriate congressional committees.
Expresses the sense of Congress that implementing greenhouse gas accounting includes: (1) calculating net greenhouse gas flows; (2) establishing uniform publicly available calculation techniques; (3) measuring individual project emissions; (4) considering global social costs when evaluating economic cost benefits; and (5) performing greenhouse gas accounting for each project.
(Sec. 4) Directs the Secretary to instruct the U.S. Executive Director at the World Bank to: (1) urge the Bank to help countries build capacity to investigate and punish corruption and crime in a manner consistent with well-established law enforcement and judicial norms; and (2) enhance programs that improve recipient countries' ability to prevent and prosecute fraud and corruption.
(Sec. 5) Directs the Secretary to instruct the U.S. Executive Director at each multilateral development bank to use U.S. influence to encourage assessments of inspection functions and to strengthen the inspection mechanism where appropriate.
(Sec. 6) Directs the Secretary to seek to ensure that multilateral development banks: (1) evaluate the development impact of selected bank projects and financing operations; and (2) use random assignment when feasible in conducting such evaluations.
Expresses the sense of Congress that: (1) multilateral development banks should evaluate the development impact of selected bank projects and financing operations; (2) such evaluations should focus on building a body of research-proven approaches that have sustained impacts on important development outcomes and use random assignment when feasible; and (3) multilateral development banks should issue an annual report or similar publication.
(Sec. 7) Amends the International Development Association Act to authorize the U.S. Governor of the International Development Association to contribute to the 15th replenishment of the Association. Authorizes appropriations.
Authorizes the Secretary to contribute to the Association for debt relief funding under the Multilateral Debt Relief Initiative in the period governed by the 15th replenishment of the Association. Authorizes appropriations.
Defines "Multilateral Debt Relief Initiative" as the proposal set out in the G8 Finance Ministers' Communique entitled "Conclusions on Development," done at London, June 11, 2005, and reaffirmed by G8 Heads of State at the Gleneagles Summit on July 8, 2005.
(Sec. 8) Directs the Secretary: (1) in coordination with the Secretary of State, the Administrator of the United States Agency for International Development (USAID), and other federal agencies to study each agency's role in the formulation of U.S. policy regarding the World Bank Group; and (2) submit a related report to the appropriate congressional committees. | A bill to authorize United States participation in the replenishment of resources of the International Development Association, and for other purposes. |