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900 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coal Accountability and Retired
Employee Act of 2013'' or the ``CARE Act''.
SEC. 2. AMENDMENT OF SURFACE MINING CONTROL AND RECLAMATION ACT OF
1977.
Section 402(i)(2) of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1232(i)(2)) is amended--
(1) by striking ``Subject to'' and inserting the following:
``(A) In general.--Subject to''; and
(2) by adding at the end the following:
``(B) Excess amounts.--
``(i) In general.--Subject to paragraph
(3), and after all transfers referred to in
paragraph (1) and subparagraph (A) of this
paragraph have been made, any amounts remaining
after the application of paragraph (3)(A)
(without regard to this subparagraph) shall be
transferred to the trustees of the 1974 UMWA
Pension Plan and used solely to pay pension
benefits required under such plan.
``(ii) 1974 umwa pension plan.--In this
subparagraph, the term `1974 UMWA Pension Plan'
means a pension plan referred to in section
9701(a)(3) of the Internal Revenue Code of 1986
but without regard to whether participation in
such plan is limited to individuals who retired
in 1976 and thereafter.''.
SEC. 3. ELIGIBILITY FOR 1992 UMWA BENEFIT PLAN.
(a) In General.--Paragraph (2) of section 9712(b) of the Internal
Revenue Code of 1986 is amended by striking ``or'' at the end of
subparagraph (A), by adding ``or'' at the end of subparagraph (B), and
by inserting after subparagraph (B) the following new subparagraph:
``(C) but for this chapter, would be eligible to
receive benefits from the 1974 UMWA Benefit Plan (other
than an individual described in the last sentence of
section 402(h)(2)(C) of the Surface Mining Control and
Reclamation Act of 1977) following a proceeding under
title 11, United States Code, or other insolvency
proceeding relating to the applicable last signatory
operator, but who does not receive such coverage at
levels at least equal to those described in section
402(h)(2)(C) of the Surface Mining Control and
Reclamation Act of 1977 from such operator or any
related person,''.
(b) Conforming Amendments.--Paragraph (2) of section 9712(b) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``subparagraph (A) or (B)'' in the matter
following subparagraph (C) (as added by this section) and
inserting ``subparagraph (A), (B), or (C)'', and
(2) by inserting ``under subparagraph (A) or (B)'' after
``health benefits coverage'' in the second sentence.
SEC. 4. SPECIAL RULE FOR CERTAIN SUPPLEMENTAL BENEFIT PLANS.
(a) In General.--Section 404 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(p) Special Rule for Certain Supplemental Benefit Plans.--
``(1) In general.--If contributions are paid by an employer
under a plan that provides supplemental benefits solely to
participants in a plan described in subsection (c) (or a
continuation thereof) that provides pension benefits, such
contributions shall not be deductible under this section nor be
made nondeductible by this section, but the deductibility
thereof shall be governed solely by section 162 (relating to
trade or business expenses).
``(2) Tax treatment of plan.--For purposes of this title,
the trust holding the assets of a plan to which paragraph (1)
applies shall be treated as an organization exempt from tax
under section 501(a).
``(3) Special rule for payments other than to or from a
trust.--For purposes of this subsection, payments made by an
employer to the trustees of a plan described in paragraph (1),
and benefits paid by the trustees of such plan, shall be
treated as contributions paid to, and benefits paid from, such
plan without regard to whether the contributions are paid into,
or benefits paid from, the trust holding the assets of such
plan.''.
(b) Exclusion From Wages.--
(1) Payroll taxes.--Paragraph (5) of section 3121(a) of the
Internal Revenue Code of 1986 is amended by striking ``or'' at
the end of subparagraph (H), by adding ``or'' at the end of
subparagraph (I), and by adding at the end the following new
subparagraph:
``(J) under a plan to which section 404(p)(1)
applies;''.
(2) Collection of income tax at source.--Paragraph (12) of
section 3401(a) of such Code is amended by adding at the end
the following new subparagraph:
``(F) under a plan to which section 404(p)(1)
applies, or''.
(3) Unemployment taxes.--Section 3306(b) of such Code is
amended by striking ``or'' at the end of paragraph (19), by
striking the period at the end of paragraph (20) and inserting
``; or'', and by adding at the end the following new paragraph:
``(21) any payment made to or for the benefit of an
individual under a plan to which section 404(p)(1) applies.''. | Coal Accountability and Retired Employee Act of 2013 or CARE Act - Amends the Surface Mining Control and Reclamation Act of 1977 to transfer specified excess funds derived from coal mine operator-paid reclamation fees to the trustees of the 1974 United Mine Workers of America (UMWA) Pension Plan for use solely to pay pension benefits required under such Plan. Amends the Internal Revenue Code to revise 1992 UMWA Benefit Plan eligibility requirements. Makes eligible for health benefits from the 1992 UMWA Benefit Plan an individual who would be eligible to receive benefits from the 1974 UMWA Benefit Plan (with a specified exception) following a bankruptcy or other insolvency proceeding of a coal mine operator, but who does not receive from that operator or any related person health benefits at least equal to those received under the Multiemployer Health Benefit Plan of the Surface Mining Control and Reclamation Act of 1977. Prescribes a special rule to state that employer contributions to an employees' trust or annuity benefit plan providing supplemental benefits solely to participants in a pension plan are neither deductible nor nondeductible as such from the employer's gross income. Subjects such contributions, on the other hand, to the requirements for deduction as an allowable trade or business expense. Treats a trust holding the assets of such a pension benefit plan as a tax-exempt organization. Excludes from wages any payments made to, or on behalf of, an employee or his or her beneficiary under such a plan. | CARE Act |
901 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Communications Commission
Authorization Act of 1994''.
SEC. 2. EXTENSION OF AUTHORITY.
(a) Authorization of Appropriations.--Section 6 of the
Communications Act of 1934 (47 U.S.C. 156) is amended to read as
follows:
``SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for the administration of
this Act by the Commission $186,000,000 for fiscal year 1995, together
with such sums as may be necessary for increases resulting from
adjustments in salary, pay, retirement, other employee benefits
required by law, and other nondiscretionary costs, for fiscal year
1995. Of the sum appropriated in each fiscal year under this section, a
portion, in an amount determined under section 9(b), shall be derived
from fees authorized by section 9.''.
(b) Travel and Reimbursement Program.--Subsection (g) of section 4
of the Communications Act of 1934 (47 U.S.C. 154) is amended--
(1) by striking paragraph (2), and
(2) by redesignating paragraph (3) as (2).
(c) Communications Support From Older Americans.--Section 6(a) of
the Federal Communications Commission Authorization Act of 1988 (47
U.S.C. 154 note) is amended by striking ``fiscal years 1992 and 1993''
and inserting ``fiscal year 1995''.
(d) Hawaii Monitoring Station.--Section 9(a) of the Federal
Communications Commission Authorization Act of 1988 (Public Law 100-
594; 102 Stat. 3024) is amended by striking ``1991, 1992, 1993, and
1994'' and inserting ``1995,''.
SEC. 3. APPLICATION FEES.
(a) Schedule of Application Fees for PCS.--The schedule of
application fees in section 8(g) of such Act is amended by adding, at
the end of the portion under the heading ``common carrier services'',
the following new item:
``23. Personal communications services
``a. Initial or new application.................... 230
``b. Amendment to pending application.............. 35
``c. Application for assignment or transfer of 230
control.
``d. Application for renewal of license............ 35
``e. Request for special temporary authority....... 200
``f. Notification of completion of construction.... 35
``g. Request to combine service areas.............. 50''.
(b) Vanity Call Signs.--
(1) Lifetime license fees.--
(A) Amendment.--The schedule of application fees in
section 8(g) of such Act is further amended by adding,
at the end of the portion under the heading ``private
radio services'', the following new item:
``11. Amateur vanity call signs........................... 150.00''.
(B) Treatment of receipts.--Moneys received from
fees established under the amendment made by this
subsection shall be deposited as an offsetting
collection in, and credited to, the account providing
appropriations to carry out the functions of the
Commission.
(2) Termination of annual regulatory fees.--The schedule of
regulatory fees in section 9(g) of such Act (47 U.S.C. 159(g))
is amended by striking the following item from the fees
applicable to the Private Radio Bureau:
``Amateur vanity call-signs............................... 7''.
(c) Description of Application Functions.--Section 8(b) of such Act
is amended by adding at the end the following new paragraph:
``(3) Any fees established under this section shall be assessed and
collected to recover the costs of performing application activities,
including all executive and legal costs incurred by the Commission in
the discharge of these activities.''.
SEC. 4. REGULATORY FEES.
(a) Executive and Legal Costs.--Section 9(a)(1) of the
Communications Act of 1934 (47 U.S.C. 159(a)(1)) is amended by
inserting before the period at the end the following: ``, and all
executive and legal costs incurred by the Commission in the discharge
of these functions''.
(b) Establishment and Adjustment.--Section 9(b) of such Act is
amended--
(1) in paragraph (4)(B), by striking ``90 days'' and
inserting ``45 days''; and
(2) by adding at the end the following new paragraph:
``(5) Effective date of adjustments.--The Commission may
continue to collect fees at the prior year's rate until the
effective date of any fee adjustment or amendment of that fee
under this section.''.
(c) Regulatory Fees for Satellite TV Operations.--The schedule of
regulatory fees in section 9(g) of such Act is amended, in the fees
applicable to the mass media bureau, by inserting after each of the
items pertaining to construction permits in the fees applicable to VHF
commercial and UHF commercial TV the following new item:
``Terrestrial television satellite operations............. 500''.
(d) Governmental entities use for common carrier purposes.--Section
9(h) of such Act is amended by adding at the end the following new
sentence: ``The exceptions provided by this subsection for governmental
entities shall not be applicable to any services that are provided on a
commercial basis in competition with another carrier.''.
(e) Information Required in Connection with Adjustment of
Regulatory Fees.--Title I of such Act is amended--
(1) in section 9, by striking subsection (i); and
(2) by inserting after section 9 the following new section:
``SEC. 10. ACCOUNTING SYSTEM AND ADJUSTMENT INFORMATION.
``(a) Accounting System Required.--The Commission shall develop
accounting systems for the purposes of making any adjustments
authorized by sections 8 and 9. The Commission shall annually prepare
and submit to the Congress an analysis of such systems and shall
annually afford interested persons the opportunity to submit comments
concerning the allocation of the costs of performing the functions
described in section 8(b)(3) and 9(a)(1).
``(b) Information Required in Connection with Adjustment of
Application and Regulatory Fees.--
``(1) Schedule of requested amounts.--No later than May 1
of each calendar year, the Commission shall prepare and
transmit to the Committees of Congress responsible for the
Commission's authorization and appropriations a detailed
schedule of the amounts requested by the President's budget to
be appropriated for the ensuing fiscal year for the activities
described in sections 8(b)(3) and 9(a)(1), allocated by
bureaus, divisions, and offices of the Commission.
``(2) Explanatory statement.--If the Commission anticipates
increases in the application fees or regulatory fees applicable
to any applicant, licensee, or unit subject to payment of fees,
the Commission shall submit to the Congress by May 1 of such
calendar year a statement explaining the relationship between
any such increases and either (A) increases in the amounts
requested to be appropriated for Commission activities in
connection with such applicants, licensees, or units subject to
payment of fees, or (B) additional activities to be performed
with respect to such applicants, licensees, or units.
``(3) Definition.--For purposes of this subsection, the
term `amount requested by the President's budget' shall include
any adjustments to such requests that are made by May 1 of such
calendar year. If any such adjustment is made after May 1, the
Commission shall provide such Committees with updated schedules
and statements containing the information required by this
subsection within 10 days after the date of any such
adjustment.''.
SEC. 5. INSPECTION OF SHIP RADIO STATIONS.
(a) Contracting Out Inspections.--Section 4(f)(3) of the
Communications Act of 1934 (47 U.S.C. 154(f)(3)) is amended by adding
at the end the following: ``Notwithstanding the preceding provisions of
this paragraph, the Commission may designate an entity to make the
inspections referred to in this paragraph instead of using engineers in
charge, radio engineers, or other field employees.''.
(b) Annual Inspection Required.--Section 362(b) of the
Communications Act of 1934 (47 U.S.C. 360(b)) is amended--
(1) by striking ``as may'' in the third sentence and
inserting ``as the Commission determines to'', and
(2) by striking ``thereby'' in the fourth sentence and all
that follows and inserting the following: ``thereby--
``(1) waive the annual inspection required under this
section for a period of up to 90 days for the sole purpose of
enabling a vessel to complete its voyage and proceed to a port
in the United States where an inspection can be held, or
``(2) waive the annual inspection required under this
section for a vessel that is in compliance with the radio
provisions of the Safety Convention and that is operating
solely in waters beyond the jurisdiction of the United States,
but the inspection shall be performed within 30 days after the
vessel's return to the United States.''.
(c) Conforming Amendment.--Section 385 of the Communications Act of
1934 (47 U.S.C. 385) is amended--
(1) by inserting ``or an entity designated by the
Commission'' after ``Commission'', and
(2) by striking out ``as may'' and inserting ``as the
Commission determines to''.
SEC. 6. EXPEDITED ITFS PROCESSING.
Section 5(c)(1) of the Communications Act of 1934 (47 U.S.C.
155(c)(1)) is amended by striking the last sentence and inserting the
following: ``Except for cases involving the authorization of service in
the Instructional Television Fixed Service, or as otherwise provided in
this Act, nothing in this paragraph shall authorize the Commission to
provide for the conduct, by any person or persons other than persons
referred to in paragraph (2) or (3) of section 556(b) of title 5,
United States Code, of any hearing to which such section applies.''.
SEC. 7. TARIFF REJECTION AUTHORITY.
Section 203(d) of the Communications Act of 1934 (47 U.S.C. 203(d))
is amended by inserting after the first sentence the following new
sentences: ``The Commission may, after affording interested parties an
opportunity to comment, reject a proposed tariff filing in whole or in
part, if the filing or any part thereof is patently unlawful. In
evaluating whether a proposed tariff filing is patently unlawful, the
Commission may consider additional information filed by the carrier or
any interested party and shall presume the facts alleged by the carrier
to be true.''.
SEC. 8. REFUND AUTHORITY.
Title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.)
is amended by adding at the end thereof the following new section:
``SEC. 230. REFUND AUTHORITY.
``In addition to any other provision of this Act under which the
Commission may order refunds, the Commission may require by order the
refund of such portion of any charge by any carrier or carriers as
results from a violation of sections 220 (a), (b), or (d) or 221 (c) or
(d) or of any of the rules promulgated pursuant to such sections or
pursuant to sections 215, 218, or 219. Such refunds shall be ordered
only to the extent that the Commission or a court finds that such
violation resulted in unlawful charges and shall be made to such
persons or classes of persons as the Commission determines reasonably
represent the persons from whom amounts were improperly received by
reason of such violation. No refunds shall be required under this
section unless--
``(1) the Commission issues an order advising the carrier
of its potential refund liability and provides the carrier with
an opportunity to file written comments as to why refunds
should not be required; and
``(2) such order is issued not later than 5 years after the
date the charge was paid.
In the case of a continuing violation, a violation shall be considered
to occur on each date that the violation is repeated.''.
SEC. 9. LICENSING OF AVIATION, MARITIME, AND PERSONAL RADIO SERVICES BY
RULE.
Section 307(e) of the Communications Act of 1934 (47 U.S.C. 307(e))
is amended to read as follows:
``(e)(1) Notwithstanding any license requirement established in
this Act, if the Commission determines that such authorization serves
the public interest, convenience, and necessity, the Commission may by
rule authorize the operation of radio stations without individual
licenses in the following radio services: (A) the personal radio
services; (B) the aviation radio service for aircraft stations operated
on domestic flights when such aircraft are not otherwise required to
carry a radio station; and (C) the maritime radio service for ship
stations navigated on domestic voyages when such ships are not
otherwise required to carry a radio station.
``(2) Any radio station operator who is authorized by the
Commission to operate without an individual license shall comply with
all other provisions of this Act and with rules prescribed by the
Commission under this Act.
``(3) For purposes of this subsection, the terms `personal radio
services', `aircraft station', and `ship station' shall have the
meanings given them by the Commission by rule, except that the term
`personal radio services' shall not include the amateur service.''.
SEC. 10. AUCTION TECHNICAL AMENDMENTS.
Section 309(j)(8) of the Communications Act of 1934 (47 U.S.C.
309(j)(8)) is amended--
``(1) by inserting ``are authorized to remain available
until expended and'' after ``Such offsetting collections'' in
the second sentence of subparagraph (B), and
``(2) by adding at the end thereof the following:
``(C) Revenues on deposit.--The Commission is authorized,
based on the competitive bidding methodology selected, to
provide for the deposit of monies for bids in an interest-
bearing account until such time as the Commission accepts a
deposit from the high bidder. All interest earned on bid monies
received from the winning bidder shall be deposited into the
general fund of the Treasury. All interest earned on bid monies
deposited from unsuccessful bidders shall be paid to those
bidders, less any applicable fees and penalties.''.
SEC. 11. FORFEITURES FOR VIOLATIONS IMPERILING SAFETY OF LIFE.
(a) Administrative Sanctions.--Section 312(a) of the Communications
Act of 1934 (47 U.S.C. 312(a)) is amended--
(1) by striking ``or'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(8) for failure to comply with any requirement of this
Act or the Commission's rules that imperils the safety of
life.''.
(b) Forfeitures.--Section 503(b)(1) of such Act (47 U.S.C.
503(b)(1)) is amended--
(1) by striking ``or'' at the end of subparagraph (C);
(2) by striking the semicolon at the end of subparagraph
(D) and inserting ``; or''; and
(3) by adding after subparagraph (D) the following new
subparagraph:
``(E) failed to comply with any requirement of this Act or
the Commission's rules that imperils the safety of life;''.
SEC. 12. USE OF EXPERTS AND CONSULTANTS.
Section 4(f)(1) of the Communications Act of 1934 (47 U.S.C. 154)
is amended by adding at the end thereof the following: ``The Commission
may also procure the services of experts and consultants in accordance
with section 3109 of title 5, United States Code, relating to
appointments in the Federal Service, at rates of compensation for
individuals not to exceed the daily rate equivalent to the maximum rate
payable for senior-level positions under section 5276 of title 5,
United States Code.''.
SEC. 13. STATUTE OF LIMITATIONS FOR FORFEITURE PROCEEDINGS AGAINST
COMMON CARRIERS.
Section 503(b)(6) of the Communications Act of 1934 (47 U.S.C.
503(b)(6)) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by inserting ``and is not a common carrier'' after
``title III of this Act'' in subparagraph (B);
(3) by redesignating subparagraph (B) as subparagraph (C);
and
(4) by inserting after subparagraph (A) the following new
subparagraph:
``(B) such person is a common carrier and the required
notice of apparent liability is issued more than 5 years after
the date the violation charged occurred; or''.
SEC. 14. UTILIZATION OF FM BAND FOR ASSISTIVE DEVICES FOR HEARING
IMPAIRED INDIVIDUALS.
Within 6 months after the date of enactment of this Act, the
Federal Communications Commission shall report to the Congress on the
existing and future use of the FM band to facilitate the use of
auditory assistive devices for individuals with hearing impairments. In
preparing such report, the Commission shall consider--
(1) the potential for utilizing FM band auditory assistive
devices to comply with the Americans with Disabilities Act;
(2) the impact on such compliance of the vulnerability of
such devices to harmful interference from radio licensees; and
(3) alternative frequency allocations that could facilitate
such compliance.
SEC. 15. TECHNICAL AMENDMENT.
Section 302(d)(1) of the Communications Act of 1934 (47 U.S.C.
309(d)(1)) is amended--
(1) in subparagraph (A), by striking ``allocated to the
domestic cellular radio telecommunications service'' and
inserting ``utilized to provide commercial mobile service (as
defined in section 332(d))''; and
(2) in subparagraph (C), by striking ``cellular'' and
inserting ``commercial mobile service''.
Passed the House of Representatives October 7, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk. | Federal Communications Commission Authorization Act of 1994 - Amends the Communications Act of 1934 (the Act) to authorize appropriations for the Federal Communications Commission (FCC) for FY 1995. Derives a portion of the sum of such appropriations in each fiscal year in an amount determined from the establishment and adjustment of regulatory fees under the Act.
Repeals provisions of the Act regarding the travel and reimbursement program.
Amends the Federal Communications Commission Authorization Act of 1988 to authorize the FCC during FY 1995 to: (1) make grants to, or enter into cooperative agreements with, private nonprofit organizations designated under the Older Americans Act; and (2) expend funds as required to relocate the Hawaii Monitoring Station.
Revises the schedule of application fees for personal communications services and amateur vanity call signs under the Act. Sets forth provisions regarding: (1) use of such moneys; (2) recovery of executive and legal costs incurred by the FCC; (3) establishment and adjustment of fees; (4) regulatory fees for satellite television operations; and (5) governmental entities use for common carrier purposes.
Directs the FCC to: (1) develop accounting systems for the purposes of making adjustments authorized by this Act; and (2) annually prepare and submit to the Congress an analysis of such systems and afford interested persons the opportunity to submit comments concerning the allocation of costs.
Authorizes the FCC to: (1) designate an entity to make inspections of ship radio stations; and (2) narrow the circumstances under which the required annual inspection may be waived in the public interest.
Sets forth provisions regarding: (1) expedited Instructional Television Fixed Service processing; (2) tariff rejection authority; (3) refund authority; (4) licensing of aviation, maritime, and personal radio services by rule; (5) forfeitures for violations imperiling safety of life; (6) use of experts and consultants; and (7) the statute of limitations for forfeiture proceedings against common carriers.
Directs the FCC to report to the Congress on the existing and future use of the FM band to facilitate the use of auditory assistive devices for individuals with hearing impairments. | Federal Communications Commission Authorization Act of 1994 |
902 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Geologic Mapping
Reauthorization Act of 2005''.
SEC. 2. FINDINGS.
Section 2(a) of the National Geologic Mapping Act of 1992 (43
U.S.C. 31a(a)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) although significant progress has been made in the
production of geologic maps since the establishment of the
national cooperative geologic mapping program in 1992, no
modern, digital, geologic map exists for approximately 75
percent of the United States;''; and
(2) in paragraph (2)--
(A) in subparagraph (C), by inserting ``homeland
and'' after ``planning for'';
(B) in subparagraph (E), by striking ``predicting''
and inserting ``identifying'';
(C) in subparagraph (I), by striking ``and'' after
the semicolon at the end;
(D) by redesignating subparagraph (J) as
subparagraph (K); and
(E) by inserting after subparagraph (I) the
following:
``(J) recreation and public awareness; and''; and
(3) in paragraph (9), by striking ``important'' and
inserting ``available''.
SEC. 3. PURPOSE.
Section 2(b) of the National Geologic Mapping Act of 1992 (43
U.S.C. 31a(b)) is amended by inserting ``and management'' before the
period at the end.
SEC. 4. DEADLINES FOR ACTIONS BY THE UNITED STATES GEOLOGICAL SURVEY.
Section 4(b)(1) of the National Geologic Mapping Act of 1992 (43
U.S.C. 31c(b)(1)) is amended in the second sentence--
(1) in subparagraph (A), by striking ``not later than'' and
all that follows through the semicolon and inserting ``not
later than 1 year after the date of enactment of the National
Geologic Mapping Reauthorization Act of 2005;'';
(2) in subparagraph (B), by striking ``not later than'' and
all that follows through ``in accordance'' and inserting ``not
later than 1 year after the date of enactment of the National
Geologic Mapping Reauthorization Act of 2005 in accordance'';
and
(3) in the matter preceding clause (i) of subparagraph (C),
by striking ``not later than'' and all that follows through
``submit'' and inserting ``submit biennially''.
SEC. 5. GEOLOGIC MAPPING PROGRAM OBJECTIVES.
Section 4(c)(2) of the National Geologic Mapping Act of 1992 (43
U.S.C. 31c(c)(2)) is amended--
(1) by striking ``geophysical-map data base, geochemical-
map data base, and a''; and
(2) by striking ``provide'' and inserting ``provides''.
SEC. 6. GEOLOGIC MAPPING PROGRAM COMPONENTS.
Section 4(d)(1)(B)(ii) of the National Geologic Mapping Act of 1992
(43 U.S.C. 31c(d)(1)(B)(ii)) is amended--
(1) in subclause (I), by striking ``and'' after the
semicolon at the end;
(2) in subclause (II), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(III) the needs of land
management agencies of the Department
of the Interior.''.
SEC. 7. GEOLOGIC MAPPING ADVISORY COMMITTEE.
(a) Membership.--Section 5(a) of the National Geologic Mapping Act
of 1992 (43 U.S.C. 31d(a)) is amended--
(1) in paragraph (2)--
(A) by inserting ``the Secretary of the Interior or
a designee from a land management agency of the
Department of the Interior,'' after ``Administrator of
the Environmental Protection Agency or a designee,'';
(B) by inserting ``and'' after ``Energy or a
designee,''; and
(C) by striking ``, and the Assistant to the
President for Science and Technology or a designee'';
and
(2) in paragraph (3)--
(A) by striking ``Not later than'' and all that
follows through ``consultation'' and inserting ``In
consultation'';
(B) by striking ``Chief Geologist, as Chairman''
and inserting ``Associate Director for Geology, as
Chair''; and
(C) by striking ``one representative from the
private sector'' and inserting ``2 representatives from
the private sector''.
(b) Duties.--Section 5(b) of the National Geologic Mapping Act of
1992 (43 U.S.C. 31d(b)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
``(3) provide a scientific overview of geologic maps
(including maps of geologic-based hazards) used or disseminated
by Federal agencies for regulation or land-use planning; and''.
(c) Conforming Amendment.--Section 5(a)(1) of the National Geologic
Mapping Act of 1992 (43 U.S.C. 31d(a)(1)) is amended by striking ``10-
member'' and inserting ``11-member''.
SEC. 8. FUNCTIONS OF NATIONAL GEOLOGIC-MAP DATABASE.
Section 7(a) of the National Geologic Mapping Act of 1992 (43
U.S.C. 31f(a)) is amended--
(1) in paragraph (1), by striking ``geologic map'' and
inserting ``geologic-map''; and
(2) in paragraph (2), by striking subparagraph (A) and
inserting the following:
``(A) all maps developed with funding provided by
the National Cooperative Geologic Mapping Program,
including under the Federal, State, and education
components;''.
SEC. 9. BIENNIAL REPORT.
Section 8 of the National Geologic Mapping Act of 1992 (43 U.S.C.
31g) is amended by striking ``Not later'' and all that follows through
``biennially'' and inserting ``Not later than 3 years after the date of
enactment of the National Geologic Mapping Reauthorization Act of 2005
and biennially''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS; ALLOCATION.
Section 9 of the National Geologic Mapping Act of 1992 (43 U.S.C.
31h) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--There is authorized to be appropriated to carry
out this Act $64,000,000 for each of fiscal years 2006 through 2015.'';
and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``2000'' and inserting ``2005'';
(B) in paragraph (1), by striking ``48'' and
inserting ``50''; and
(C) in paragraph (2), by striking 2 and inserting
``4''.
Passed the Senate November 16, 2005.
Attest:
Secretary.
109th CONGRESS
1st Session
S. 485
_______________________________________________________________________
AN ACT
To reauthorize and amend the National Geologic Mapping Act of 1992. | National Geologic Mapping Reauthorization Act of 2005 - Amends the National Geologic Mapping Act of 1992 to extend deadlines for development of a five-year strategic plan for the geologic mapping program and for appointment of the advisory committee.
Removes from program objectives the development of a geophysical- and geochemical-map database. Directs that mapping priorities be based in part on the needs of the Department of the Interior land management agencies.
Modifies the composition of the advisory committee and increases the number of members on such committee. Requires the advisory committee to provide a scientific overview of geologic maps (including maps of geologic-based hazards) used or disseminated by federal agencies for regulation or land-use planning. Directs that the national geologic map database include all maps developed with funding provided by the National Cooperative Geologic Mapping Program, including under the federal, state, and education components.
Authorizes appropriations for each of FY2006-FY2015. Increases the percentages allocated for the state and education components. | A bill to reauthorize and amend the National Geologic Mapping Act of 1992. |
903 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Western Shoshone Claims Distribution
Act''.
SEC. 2. DISTRIBUTION OF DOCKET 326-K FUNDS.
The funds appropriated in satisfaction of the judgment award
granted to the Western Shoshone Indians in Docket Number 326-K before
the Indian Claims Commission, including all earned interest, shall be
distributed as follows:
(1) The Secretary shall establish a Western Shoshone
Judgment Roll consisting of all Western Shoshones who--
(A) have at least \1/4\ degree of Western Shoshone
Blood;
(B) are citizens of the United States; and
(C) are living on the date of enactment of this
Act.
(2) Any individual determined or certified as eligible by
the Secretary to receive a per capita payment from any other
judgment fund awarded by the Indian Claims Commission, the
United States Claims Court, or the United States Court of
Federal Claims, that was appropriated on or before the date of
enactment of this Act, shall not be eligible for enrollment
under this Act.
(3) The Secretary shall publish in the Federal Register
rules and regulations governing the establishment of the
Western Shoshone Judgment Roll and shall utilize any documents
acceptable to the Secretary in establishing proof of
eligibility. The Secretary's determination on all applications
for enrollment under this paragraph shall be final.
(4) Upon completing the Western Shoshone Judgment Roll
under paragraph (1), the Secretary shall make a per capita
distribution of 100 percent of the funds described in this
section, in a sum as equal as possible, to each person listed
on the Roll.
(5)(A) With respect to the distribution of funds under this
section, the per capita shares of living competent adults who
have reached the age of 19 years on the date of the
distribution provided for under paragraph (4), shall be paid
directly to them.
(B) The per capita shares of deceased individuals shall be
distributed to their heirs and legatees in accordance with
regulations prescribed by the Secretary.
(C) The shares of legally incompetent individuals shall be
administered pursuant to regulations and procedures established
by the Secretary under section 3(b)(3) of Public Law 93-134 (25
U.S.C. 1403(b)(3)).
(D) The shares of minors and individuals who are under the
age of 19 years on the date of the distribution provided for
under paragraph (4) shall be held by the Secretary in
supervised individual Indian money accounts. The funds from
such accounts shall be disbursed over a period of 4 years in
payments equaling 25 percent of the principal, plus the
interest earned on that portion of the per capita share. The
first payment shall be disbursed to individuals who have
reached the age of 18 years if such individuals are deemed
legally competent. Subsequent payments shall be disbursed
within 90 days of the individual's following 3 birthdays.
(6) Notwithstanding section 7 of the Indian Tribal Judgment
Funds Use or Distribution Act (25 U.S.C. 1407), the per capita
shares (or the availability of those shares) shall not--
(A) be subject to Federal or State income taxation;
(B) be considered to be income or resources; or
(C) be used as a basis for denying or reducing
financial assistance or any other benefit to which a
household or member would otherwise be entitled under--
(i) the Social Security Act (42 U.S.C. 301
et seq.); or
(ii) any other Federal or federally-
assisted program.
(7) All per capita shares belonging to living competent
adults certified as eligible to share in the judgment fund
distribution under this section, and the interest earned on
those shares, that remain unpaid for a period of 6-years shall
be added to the principal funds that are held and invested in
accordance with section 3, except that in the case of a minor,
such 6-year period shall not begin to run until the minor
reaches the age of majority.
(8) Any other residual principal and interest funds
remaining after the distribution under paragraph (4) is
complete shall be added to the principal funds that are held
and invested in accordance with section 3.
SEC. 3. DISTRIBUTION OF DOCKETS 326-A-1 AND 326-A-3.
The funds appropriated in satisfaction of the judgment awards
granted to the Western Shoshone Indians in Docket Numbers 326-A-1 and
326-A-3 before the United States Court of Claims, and the funds
referred to under paragraphs (7) and (8) of section 2, together with
all earned interest, shall be distributed as follows:
(1)(A) Not later than 120 days after the date of enactment
of this Act, the Secretary shall establish in the Treasury of
the United States a trust fund to be known as the ``Western
Shoshone Educational Trust Fund'' for the benefit of the
Western Shoshone members. There shall be credited to the Trust
Fund the funds described in the matter preceding this
paragraph.
(B) The principal in the Trust Fund shall not be expended
or disbursed. The Trust Fund shall be invested as provided for
in section 1 of the Act of June 24, 1938 (25 U.S.C. 162a).
(C)(i) All accumulated and future interest and income from
the Trust Fund shall be distributed, subject to clause (ii)--
(I) as educational grants and as other
forms of educational assistance determined
appropriate by the Administrative Committee
established under paragraph (2) to individual
Western Shoshone members as required under this
Act; and
(II) to pay the reasonable and necessary
expenses of such Administrative Committee (as
defined in the written rules and procedures of
such Committee).
(ii) Funds shall not be distributed under this paragraph on
a per capita basis.
(2)(A) An Administrative Committee to oversee the
distribution of the educational grants and assistance
authorized under paragraph (1)(C) shall be established as
provided for in this paragraph.
(B) The Administrative Committee shall consist of 1
representative from each of the following organizations:
(i) The Western Shoshone Te-Moak Tribe.
(ii) The Duckwater Shoshone Tribe.
(iii) The Yomba Shoshone Tribe.
(iv) The Ely Shoshone Tribe.
(v) The Western Shoshone Committee of the Duck
Valley Reservation.
(vi) The Fallon Band of Western Shoshone.
(vii) The at large community.
(C) Each member of the Committee shall serve for a term of
4 years. If a vacancy remains unfilled in the membership of the
Committee for a period in excess of 60 days, the Committee
shall appoint a replacement from among qualified members of the
organization for which the replacement is being made and such
member shall serve until the organization to be represented
designates a replacement.
(D) The Secretary shall consult with the Committee on the
management and investment of the funds subject to distribution
under this section.
(E) The Committee shall have the authority to disburse the
accumulated interest fund under this Act in accordance with the
terms of this Act. The Committee shall be responsible for
ensuring that the funds provided through grants and assistance
under paragraph (1)(C) are utilized in a manner consistent with
the terms of this Act. In accordance with paragraph
(1)(C)(i)(II), the Committee may use a portion of the interest
funds to pay all of the reasonable and necessary expenses of
the Committee, including per diem rates for attendance at
meetings that are the same as those paid to Federal employees
in the same geographic location.
(F) The Committee shall develop written rules and
procedures that include such matters as operating procedures,
rules of conduct, eligibility criteria for receipt of
educational grants or assistance (such criteria to be
consistent with this Act), application selection procedures,
appeal procedures, fund disbursement procedures, and fund
recoupment procedures. Such rules and procedures shall be
subject to the approval of the Secretary. A portion of the
interest funds in the Trust Fund, not to exceed $100,000, may
be used by the Committee to pay the expenses associated with
developing such rules and procedures. At the discretion of the
Committee, and with the approval of the appropriate tribal
governing body, jurisdiction to hear appeals of the Committee's
decisions may be exercised by a tribal court, or a court of
Indian offenses operated under section 11 of title 25, Code of
Federal Regulations.
(G) The Committee shall employ an independent certified
public accountant to prepare an annual financial statement that
includes the operating expenses of the Committee and the total
amount of educational grants or assistance disbursed for the
fiscal year for which the statement is being prepared under
this section. The Committee shall compile a list of names of
all individuals approved to receive such grants or assistance
during such fiscal year. The financial statement and the list
shall be distributed to each organization represented on the
Committee and the Secretary and copies shall be made available
to the Western Shoshone members upon request.
SEC. 4. DEFINITIONS.
In this Act:
(1) Administrative committee; committee.--The terms
``Administrative Committee'' and ``Committee'' mean the
Administrative Committee established under section 3(2).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Trust fund.--The term ``Trust Fund'' means the Western
Shoshone Educational Trust Fund established under section 3(1).
(4) Western shoshone members.--The term ``Western Shoshone
members'' means an individual who appears on the Western
Shoshone Judgment Roll established under section 2(1), or an
individual who is the lineal descendant of an individual
appearing on the roll, and who--
(A) satisfies all eligibility criteria established
by the Administrative Committee under section 3(F);
(B) fulfills all application requirements
established by the Committee; and
(C) agrees to utilize funds distributed in
accordance with section 3(1)(C)(i)(I) in a manner
approved by the Committee for educational purposes.
SEC. 5. REGULATIONS.
The Secretary may promulgate such regulations as are necessary to
carry out this Act.
Passed the Senate November 13, 2002.
Attest:
JERI THOMSON,
Secretary. | Western Shoshone Claims Distribution Act - (Sec. 2) Provides for the per capita distribution of shares of specified funds appropriated in satisfaction of a judgment award granted to the Western Shoshone Indians in Docket Number 326-K before the Indian Claims Commission (ICC).Requires the Secretary of the Interior to establish a Western Shoshone Judgement Roll consisting of all Western Shoshones who have at least 1/4 degree of Western Shoshone Blood, are U.S. citizens, and are living on the date of enactment of this Act.Makes ineligible for enrollment under this Act any individuals who are eligible to receive other judgment awards from the ICC, the United States Claims Court, or the Unites States Court of Federal Claims.Requires the Secretary to publish rules and regulations governing the establishment of the Judgment Roll and specifies per capita distribution requirements (including those for heirs of deceased beneficiaries, incompetents, and minors).(Sec. 3) Provides for distribution of specified funds appropriated in satisfaction of the judgment awards granted in Docket Numbers 326-A-1 and 326-A-3 before the U.S. Court of Federal Claims.Requires the Secretary to establish, for the benefit of Western Shoshone members, the Western Shoshone Educational Trust Fund, to which such funds shall be credited.Requires that all accumulated and future interest and income from the Trust Fund be distributed: (1) as educational grants and assistance to individual Western Shoshone members as determined appropriate by the Administrative Committee established by this Act to oversee such distribution; and (2) to pay reasonable and necessary expenses of the Administrative Committee.Specifies the membership and duties of the Administrative Committee. | A bill to provide for the use and distribution of the funds awarded to the Western Shoshone identifiable group under Indian Claims Commission Docket Numbers 326-A-1, 326-A-3, 326-K, and for other purposes. |
904 | SECTION 1. GRANTS FOR PURCHASE OF ULTRASOUND EQUIPMENT.
(a) In General.--The Secretary of Health and Human services may
make grants for the purchase of ultrasound equipment. Such ultrasound
equipment shall be used by the recipients of such grants to provide,
under the direction and supervision of a licensed medical physician,
free ultrasound examinations to pregnant woman needing such services.
(b) Eligibility Requirements.--An entity may receive a grant under
subsection (a) only if the entity meets the following conditions:
(1) The entity is a nonprofit private organization that is
approved by the Internal Revenue Service as a tax-exempt entity
under section 501(c)(3) of the Internal Revenue Code of 1986.
(2) The entity operates as a community based pregnancy help
medical clinic, as defined in subsection (f).
(3) The entity provides medical services to pregnant women
under the guidance and supervision of a physician who serves as
the medical director of the clinic and is duly licensed to
practice medicine in the State in which the entity is located.
(4) The entity is legally qualified to provide such medical
services to pregnant women and is in compliance with all
Federal, State, and local requirements for the provision of
such services.
(5) The entity agrees to comply with the following medical
procedures:
(A) Each pregnant woman upon whom the ultrasound
equipment is used will be shown the visual image of the
fetus from the ultrasound examination and will be given
a general anatomical and physiological description of
the characteristics of the fetus.
(B) Each pregnant woman will be given, according to
the best medical judgment of the physician performing
the ultrasound examination or the physician's agent
performing such exam, the approximate age of the embryo
or fetus considering the number of weeks elapsed from
the probable time of the conception of the embryo or
fetus, based upon the information provided by the
client as to the time of her last menstrual period, her
medical history, a physical examination, or appropriate
laboratory tests.
(C) Each pregnant woman will be given information
on abortion and alternatives to abortion such as
childbirth and adoption and information concerning
public and private agencies that will assist in those
alternatives.
(D) The entity will obtain and maintain medical
malpractice insurance in an amount not less than
$1,000,000, and such insurance will cover all
activities relating to the use of the ultrasound
machine purchased with the grant under subsection (a).
(6) The entity does not receive more than 30 percent of its
gross annual revenue from a single source or donor.
(c) Limitation on Individual Grant Amount.--No grant under
subsection (a) may be made in an amount that exceeds an amount equal to
50 percent of the purchase price cost of the ultrasound machine
involved, or $20,000, whichever is less.
(d) Application for Grant.--A grant may be made under subsection
(a) only if an application for the grant is submitted to the Secretary
and the application is in such form, is made in such manner, and
contains such agreements, assurances, and information as the Secretary
determines to be necessary to carry out this section.
(e) Annual Report to Secretary.--A grant may be made under
subsection (a) only if the applicant for the grant agrees to report on
an annual basis to the Secretary, in such form and manner as the
Secretary may require, on the ongoing compliance of the applicant with
the eligibility conditions established in subsection (b).
(f) Definitions.--For purposes of this Act:
(1) The term ``community based pregnancy help medical
clinic'' means a facility that--
(A) provides free medical services to pregnant
women under the supervision and direction of a licensed
physician who serves as the medical director for such
clinic; and
(B) does not charge for any services rendered to
its clients, whether or not such services are for
pregnancy or nonpregnancy related matters.
(2) The term ``Secretary'' means the Secretary of Health
and Human Services.
(g) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $3,000,000
for fiscal year 2003, and such sums as may be necessary for each of the
fiscal years 2004 through 2006. | Authorizes the Secretary of Health and Human Services to make grants to eligible nonprofit community based pregnancy help medical clinics to purchase ultrasound equipment to provide free examinations to pregnant women, under the direction and supervision of a licensed medical physician. Conditions eligibility on a clinic agreeing to provide each examined woman a visual image, the age, and a physical description of the fetus and information on abortion and alternatives. | To authorize the Secretary of Health and Human Services to make grants to nonprofit tax-exempt organizations for the purchase of ultrasound equipment to provide free examinations to pregnant women needing such services, and for other purposes. |
905 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Montgomery GI Bill Second Chance Act
of 2007''.
SEC. 2. OPPORTUNITY FOR ACTIVE DUTY PERSONNEL TO WITHDRAW AN ELECTION
NOT TO PARTICIPATE IN THE MONTGOMERY GI BILL EDUCATION
PROGRAM.
(a) In General.--Chapter 30 of title 38, United States Code, is
amended by inserting after section 3018C the following new section:
``Sec. 3018D. Opportunity for certain active-duty personnel to enroll
``(a) Opportunity To Enroll.--(1) Notwithstanding any other
provision of this chapter, during the month of October in any year,
beginning with 2007, (hereinafter in this section referred to as the
`open season') a qualified individual (described in subsection (b)) may
make an irrevocable election under this section to become entitled to
basic educational assistance under this chapter.
``(2) The Secretary of each military department shall provide for
procedures for a qualified individual to make an irrevocable election
under this section in accordance with regulations prescribed by the
Secretary of Defense for the purpose of carrying out this section or
which the Secretary of Homeland Security shall provide for such purpose
with respect to the Coast Guard when it is not operating as a service
in the Navy.
``(b) Qualified Individual.--A qualified individual referred to in
subsection (a) is an individual who meets each of the following
requirements:
``(1) The individual first became a member of the Armed
Forces or first entered on active duty as a member of the Armed
Forces before, on, or after July 1, 1985.
``(2) The individual has served on active duty without a
break in service since the date the individual first became
such a member or first entered on active duty as such a member.
``(3) The individual is serving on active duty during the
open season of the year involved.
``(4) The individual, before applying for benefits under
this section, has completed the requirements of a secondary
school diploma (or equivalency certificate) or has successfully
completed (or otherwise received academic credit for) the
equivalent of 12 semester hours in a program of education
leading to a standard college degree.
``(5) The individual, when discharged or released from
active duty, is discharged or released therefrom with an
honorable discharge.
``(c) Enrollment Fee.--(1) Subject to the succeeding provisions of
this subsection, with respect to a qualified individual who makes an
election under this section to become entitled to basic educational
assistance under this chapter--
``(A) the basic pay of the qualified individual shall be
reduced (in a manner determined by the Secretary concerned)
until the total amount by which such basic pay is reduced is
$1,200; and
``(B) to the extent that basic pay is not so reduced before
the qualified individual's discharge or release from active
duty as specified in subsection (b)(5), at the election of the
qualified individual--
``(i) the Secretary concerned shall collect from
the qualified individual; or
``(ii) the Secretary concerned shall reduce the
retired or retainer pay of the qualified individual by,
an amount equal to the difference between $1,200 and
the total amount of reductions under subparagraph (A),
which shall be paid into the Treasury of the United
States as miscellaneous receipts.
``(2)(A) The Secretary concerned shall provide for an 18-month
period, beginning on the date the qualified individual makes an
election under this section, for the qualified individual to pay that
Secretary the amount due under paragraph (1).
``(B) Nothing in subparagraph (A) shall be construed as modifying
the period of eligibility for and entitlement to basic educational
assistance under this chapter applicable under section 3031 of this
title.
``(d) Limitation.--With respect to qualified individuals referred
to in subsection (c)(1)(B), no amount of educational assistance
allowance under this chapter shall be paid to the qualified individual
until the earlier of the date on which--
``(1) the Secretary concerned collects the applicable
amount under clause (i) of such subsection; or
``(2) the retired or retainer pay of the qualified
individual is first reduced under clause (ii) of such
subsection.
``(e) Notice Required.--The Secretary concerned, in conjunction
with the Secretary of Defense, shall provide for notice of the
opportunity under this section to elect to become entitled to basic
educational assistance under this chapter.''.
(b) Conforming Amendments.--(1) Sections 3011(c)(1) and 3012(d)(1)
of such title are each amended by striking ``Any individual'' in the
third sentence and inserting ``Subject to section 3018D of this title,
any individual''.
(2) Section 3015(f) of such title is amended by striking ``or
3018C'' and inserting ``3018C, or 3018D''.
(3) Section 3017(b)(1) of such title is amended--
(A) in subparagraph (A), by striking ``or 3018C(e)'' and
inserting ``3018C(e), or 3018D(d)'';
(B) in subparagraph (B), by inserting ``or 3018D(d)'' after
``3018C(e)''; or
(C) in subparagraph (C), by striking ``or 3018C(e)'' and
inserting ``3018C(e), or 3018D(d)''.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
3018C the following new item:
``3018D. Opportunity for certain active-duty personnel to enroll.''. | Montgomery GI Bill Second Chance Act of 2007 - Authorizes certain members of the Armed Forces to make an irrevocable election during October of any year beginning in 2005 to become entitled to basic educational assistance under the Montgomery GI Bill.
Requires a reduction in basic pay of those members electing such educational assistance or, if the member is discharged or released from active duty prior to such reduction, the collection of specified amounts from the member or an equivalent reduction in retired or retainer pay.
Requires the Secretary concerned, in conjunction with the Secretary of Defense, to provide notice of the opportunity created by this Act to elect educational assistance under the Montgomery GI Bill. | To amend title 38, United States Code, and title 10, United States Code, to provide for an opportunity for active duty personnel to withdraw an election not to participate in the program of educational assistance under the Montgomery GI Bill. |
906 | SECTION 1. SHORT TITLE AND REFERENCE.
(a) Short Title.--This Act may be cited as the ``Fair Pay Act of
1999''.
(b) Reference.--Except as provided in section 8, 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 Fair Labor
Standards Act of 1938 (29 U.S.C. 201 et seq.).
SEC. 2. FINDINGS.
Congress finds the following:
(1) Wage rate differentials exist between equivalent jobs
segregated by sex, race, and national origin in Government
employment and in industries engaged in commerce or in the
production of goods for commerce.
(2) The existence of such wage rate differentials--
(A) depresses wages and living standards for
employees necessary for their health and efficiency;
(B) prevents the maximum utilization of the
available labor resources;
(C) tends to cause labor disputes, thereby
burdening, affecting, and obstructing commerce;
(D) burdens commerce and the free flow of goods in
commerce; and
(E) constitutes an unfair method of competition.
(3) Discrimination in hiring and promotion has played a
role in maintaining a segregated work force.
(4) Many women and people of color work in occupations
dominated by individuals of their same sex, race, and national
origin.
(5)(A) A General Accounting Office analysis of wage rates
in the civil service of the State of Washington found that in
1985 of the 44 jobs studied that paid less than the average of
all equivalent jobs, approximately 39 percent were female-
dominated and approximately 16 percent were male dominated.
(B) A study of wage rates in Minnesota using 1990 Decennial
Census data found that 75 percent of the wage rate differential
between white and non-white workers was unexplained and may be
a result of discrimination.
(6) Section 6(d) of the Fair Labor Standards Act of 1938
prohibits discrimination in compensation for ``equal work'' on
the basis of sex.
(7) Title VII of the Civil Rights Act of 1964 prohibits
discrimination in compensation because of race, color,
religion, national origin, and sex. The Supreme Court, in its
decision in County of Washington v. Gunther, 452 U.S. 161
(1981), held that title VII's prohibition against
discrimination in compensation also applies to jobs that do not
constitute ``equal work'' as defined in section 6(d) of the
Fair Labor Standards Act of 1938. Decisions of lower courts,
however, have demonstrated that further clarification of
existing legislation is necessary in order effectively to carry
out the intent of Congress to implement the Supreme Court's
holding in its Gunther decision.
(8) Artificial barriers to the elimination of
discrimination in compensation based upon sex, race, and
national origin continue to exist more than 3 decades after the
passage of section 6(d) of the Fair Labor Standards Act of 1938
and the Civil Rights Act of 1964. Elimination of such barriers
would have positive effects, including--
(A) providing a solution to problems in the economy
created by discrimination through wage rate
differentials;
(B) substantially reducing the number of working
women and people of color earning low wages, thereby
reducing the dependence on public assistance; and
(C) promoting stable families by enabling working
family members to earn a fair rate of pay.
SEC. 3. EQUAL PAY FOR EQUIVALENT JOBS.
(a) Amendment.--Section 6 (29 U.S.C. 206) is amended by adding at
the end the following:
``(h)(1)(A)(i) Except as provided in clause (ii), no employer
having employees subject to any provision of this section shall
discriminate, within any establishment in which such employees are
employed, between employees on the basis of sex, race, or national
origin by paying wages to employees in such establishment in a job that
is dominated by employees of a particular sex, race, or national origin
at a rate less than the rate at which the employer pays wages to
employees in such establishment in another job that is dominated by
employees of the opposite sex or of a different race or national
origin, respectively, for work on equivalent jobs.
``(ii) Nothing in clause (i) shall prohibit the payment of
different wage rates to employees where such payment is made pursuant
to--
``(I) a seniority system;
``(II) a merit system; or
``(III) a system that measures earnings by quantity or
quality of production.
``(iii) The Equal Employment Opportunity Commission shall issue
guidelines specifying criteria for determining whether a job is
dominated by employees of a particular sex, race, or national origin.
Such guidelines shall not include a list of such jobs.
``(B) An employer who is paying a wage rate differential in
violation of subparagraph (A) shall not, in order to comply with the
provisions of such subparagraph, reduce the wage rate of any employee.
``(2) No labor organization or its agents representing employees of
an employer having employees subject to any provision of this section
shall cause or attempt to cause such an employer to discriminate
against an employee in violation of paragraph (1)(A).
``(3) For purposes of administration and enforcement of this
subsection, any amounts owing to any employee that have been withheld
in violation of paragraph (1)(A) shall be deemed to be unpaid minimum
wages or unpaid overtime compensation under this section or section 7.
``(4) As used in this subsection:
``(A) The term `labor organization' means any organization
of any kind, or any agency or employee representation committee
or plan, in which employees participate and which exists for
the purpose, in whole or in part, of dealing with employers
concerning grievances, labor disputes, wages, rates of pay,
hours of employment, or conditions of work.
``(B) The term `equivalent jobs' means jobs that may be
dissimilar, but whose requirements are equivalent, when viewed
as a composite of skills, effort, responsibility, and working
conditions.''.
(b) Conforming Amendment.--Section 13(a) (29 U.S.C. 213(a)) is
amended in the matter before paragraph (1) by striking ``section 6(d)''
and inserting ``sections 6(d) and 6(h)''.
SEC. 4. PROHIBITED ACTS.
Section 15(a) (29 U.S.C. 215(a)) is amended--
(1) by striking the period at the end of paragraph (5) and
inserting a semicolon; and
(2) by adding after paragraph (5) the following new
paragraphs:
``(6) to discriminate against any individual because such
individual has opposed any act or practice made unlawful by
section 6(h) or because such individual made a charge,
testified, assisted, or participated in any manner in an
investigation, proceeding, or hearing to enforce section 6(h);
or
``(7) to discharge or in any other manner discriminate
against, coerce, intimidate, threaten, or interfere with any
employee or any other person because the employee inquired
about, disclosed, compared, or otherwise discussed the
employee's wages or the wages of any other employee, or because
the employee exercised, enjoyed, aided, or encouraged any other
person to exercise or enjoy any right granted or protected by
section 6(h).''.
SEC. 5. REMEDIES.
Section 16 (29 U.S.C. 216) is amended--
(1) by adding at the end the following:
``(f) In any action brought under this section for violation of
section 6(h), the court shall, in addition to any other remedies
awarded to the prevailing plaintiff or plaintiffs, allow expert fees as
part of the costs. Any such action may be maintained as a class action
as provided by the Federal Rules of Civil Procedure.'';
(2) in subsection (b), by striking ``section 15(a)(3)''
each place it occurs and inserting ``paragraphs (3), (6), and
(7) of section 15(a)''; and
(3) in the fourth sentence of subsection (b), by striking
``No employees'' and inserting ``Except with respect to class
actions brought under subsection (f), no employees''.
SEC. 6. RECORDS.
(a) Technical Amendment.--Section 11(c) (29 U.S.C. 211(c)) is
amended by inserting ``(1)'' after ``(c)''.
(b) Records.--Section 11(c) (as amended by subsection (a)) is
further amended by adding at the end the following:
``(2)(A) Every employer subject to section 6(h) shall preserve
records that document and support the method, system, calculations, and
other bases used by the employer in establishing, adjusting, and
determining the wage rates paid to the employees of the employer. Every
employer subject to section 6(h) shall preserve such records for such
periods of time, and shall make such reports from the records to the
Equal Employment Opportunity Commission, as shall be prescribed by the
Equal Employment Opportunity Commission by regulation or order as
necessary or appropriate for the enforcement of the provisions of
section 6(h) or any regulation promulgated pursuant to section 6(h).''.
(c) Small Business Exemptions.--Section 11(c) (as amended by
subsections (a) and (b)) is further amended by adding at the end the
following:
``(B)(i) Every employer subject to section 6(h) that has 25 or more
employees on any date during the first or second year after the
effective date of this paragraph, or 15 or more employees on any date
during any subsequent year after such second year, shall, in accordance
with regulations promulgated by the Equal Employment Opportunity
Commission under subparagraph (F), prepare and submit to the Equal
Employment Opportunity Commission for the year involved a report signed
by the president, treasurer, or corresponding principal officer, of the
employer that includes information that discloses the wage rates paid
to employees of the employer in each classification, position, or job
title, or to employees in other wage groups employed by the employer,
including information with respect to the sex, race, and national
origin of employees at each wage rate in each classification, position,
job title, or other wage group.''.
(d) Protection of Confidentiality.--Section 11(c) (as amended by
subsections (a) through (c)) is further amended by adding at the end
the following:
``(ii) The rules and regulations promulgated by the Equal
Employment Opportunity Commission under subparagraph (F), relating to
the form of such a report, shall include requirements to protect the
confidentiality of employees, including a requirement that the report
shall not contain the name of any individual employee.''.
(e) Use; Inspections; Examinations; Regulations.--Section 11(c) (as
amended by subsections (a) through (d)) is further amended by adding at
the end the following:
``(C) The Equal Employment Opportunity Commission may publish any
information and data that the Equal Employment Opportunity Commission
obtains pursuant to the provisions of subparagraph (B). The Equal
Employment Opportunity Commission may use the information and data for
statistical and research purposes, and compile and publish such
studies, analyses, reports, and surveys based on the information and
data as the Equal Employment Opportunity Commission may consider
appropriate.
``(D) In order to carry out the purposes of this Act, the Equal
Employment Opportunity Commission shall by regulation make reasonable
provision for the inspection and examination by any person of the
information and data contained in any report submitted to the Equal
Employment Opportunity Commission pursuant to subparagraph (B).
``(E) The Equal Employment Opportunity Commission shall by
regulation provide for the furnishing of copies of reports submitted to
the Equal Employment Opportunity Commission pursuant to subparagraph
(B) to any person upon payment of a charge based upon the cost of the
service.
``(F) The Equal Employment Opportunity Commission shall issue rules
and regulations prescribing the form and content of reports required to
be submitted under subparagraph (B) and such other reasonable rules and
regulations as the Equal Employment Opportunity Commission may find
necessary to prevent the circumvention or evasion of such reporting
requirements. In exercising the authority of the Equal Employment
Opportunity Commission under subparagraph (B), the Equal Employment
Opportunity Commission may prescribe by general rule simplified reports
for employers for whom the Equal Employment Opportunity Commission
finds that because of the size of the employers a detailed report would
be unduly burdensome.''.
SEC. 7. RESEARCH, EDUCATION, AND TECHNICAL ASSISTANCE PROGRAM; REPORT
TO CONGRESS.
Section 4(d) (29 U.S.C. 204(d)) is amended by adding at the end the
following:
``(4) The Equal Employment Opportunity Commission shall conduct
studies and provide information and technical assistance to employers,
labor organizations, and the general public concerning effective means
available to implement the provisions of section 6(h) prohibiting wage
rate discrimination between employees performing work in equivalent
jobs on the basis of sex, race, or national origin. Such studies,
information, and technical assistance shall be based on and include
reference to the objectives of such section to eliminate such
discrimination. In order to achieve the objectives of such section, the
Equal Employment Opportunity Commission shall carry on a continuing
program of research, education, and technical assistance including--
``(A) conducting and promoting research with the intent of
developing means to expeditiously correct the wage rate
differentials described in section (6)(h);
``(B) publishing and otherwise making available to
employers, labor organizations, professional associations,
educational institutions, the various media of communication,
and the general public the findings of studies and other
materials for promoting compliance with section 6(h);
``(C) sponsoring and assisting State and community
informational and educational programs; and
``(D) providing technical assistance to employers, labor
organizations, professional associations and other interested
persons on means of achieving and maintaining compliance with
the provisions of section 6(h).
``(5) The report submitted biennially by the Secretary to Congress
under paragraph (1) shall include a separate evaluation and appraisal
regarding the implementation of section 6(h).''.
SEC. 8. CONFORMING AMENDMENTS.
(a) Congressional Employees.--
(1) Application.--Section 203(a)(1) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1313(a)(1)) is amended--
(A) by striking ``subsections (a)(1) and (d) of
section 6'' and inserting ``subsections (a)(1), (d),
and (h) of section 6''; and
(B) by striking ``206 (a)(1) and (d)'' and
inserting ``206 (a)(1), (d), and (h)''.
(2) Remedies.--Section 203(b) of such Act (2 U.S.C.
1313(b)) is amended by inserting before the period the
following: ``or, in an appropriate case, under section 16(f) of
such Act (29 U.S.C. 216(f))''.
(b) Executive Branch Employees.--
(1) Application.--Section 413(a)(1) of title 3, United
States Code, as added by section 2(a) of the Presidential and
Executive Office Accountability Act (Public Law 104-331; 110
Stat. 4053), is amended by striking ``subsections (a)(1) and
(d) of section 6'' and inserting ``subsections (a)(1), (d), and
(h) of section 6''.
(2) Remedies.--Section 413(b) of such title is amended by
inserting before the period the following: ``or, in an
appropriate case, under section 16(f) of such Act''.
SEC. 9. EFFECTIVE DATE.
The amendments made by this Act shall take effect 1 year after the
date of enactment of this Act. | (Sec. 4) Prohibits the discharge of or any other discrimination against an individual for opposing any act or practice made unlawful by this Act, or for assisting in an investigation or proceeding under it.
(Sec. 5) Directs courts, in any action brought under this Act for violation of such prohibition, to allow expert fees as part of the costs awarded to prevailing plaintiffs. Allows any such action to be maintained as a class action.
(Sec. 6) Requires employers subject to such prohibition to: (1) preserve records which document and support the method, system, calculations, and other bases used by the employer in establishing, adjusting, and determining the wages paid to their employees, for periods of time prescribed by the Equal Employment Opportunity Commission (EEOC); and (2) make reports to the EEOC.
(Sec. 7) Directs the EEOC to: (1) undertake studies and provide information and technical assistance to employers, labor organizations, and the general public concerning effective means available to implement this Act; (2) carry on a continuing program of research, education, and technical assistance with specified components related to the purposes of this Act; and (3) include a separate evaluation and appraisal regarding the implementation of this Act in its annual report to the Congress.
(Sec. 8) Makes conforming amendments relating to congressional and executive branch employees under the Congressional Accountability Act of 1995 and the Presidential and Executive Office Accountability Act. | Fair Pay Act of 1999 |
907 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Recovery from Trauma
Act''.
SEC. 2. GRANTS TO ADDRESS THE PROBLEMS OF INDIVIDUALS WHO EXPERIENCE
TRAUMA AND VIOLENCE RELATED STRESS.
Section 582 of the Public Health Service Act (42 U.S.C. 290hh-1) is
amended to read as follows:
``SEC. 582. GRANTS TO ADDRESS THE PROBLEMS OF INDIVIDUALS WHO
EXPERIENCE TRAUMA AND VIOLENCE RELATED STRESS.
``(a) In General.--The Secretary shall award grants, contracts or
cooperative agreements to public and nonprofit private entities, as
well as to Indian tribes and tribal organizations, for the purpose of
developing and maintaining programs that provide for--
``(1) the continued operation of the National Child
Traumatic Stress Initiative (referred to in this section as the
`NCTSI') and focus on the mental, behavioral, and biological
aspects of psychological trauma response; and
``(2) the development of knowledge with regard to evidence-
based practices for identifying and treating mental,
behavioral, and biological disorders of children and youth
resulting from witnessing or experiencing a traumatic event.
``(b) Priorities.--In awarding grants, contracts or cooperative
agreements under subsection (a)(2) (related to the development of
knowledge on evidence-based practices for treating mental, behavioral,
and biological disorders associated with psychological trauma), the
Secretary shall give priority to universities, hospitals, mental health
agencies, and other community-based child-serving programs that have
established clinical and research experience in the field of trauma-
related mental disorders.
``(c) Coordinating Center.--In carrying out subsection (a), the
Secretary shall award one cooperative agreement to a comprehensive
national coordinating center to oversee NCTSI activities (in this
section referred to as the `NCTSI coordinating center').
``(d) Child Outcome Data.--The NCTSI coordinating center shall
collect, analyze, and report NCTSI-wide child outcome and process data
for the purpose of establishing the effectiveness, implementation, and
clinical utility of early identification and delivery of evidence-based
treatment and services delivered to children and families served by the
NCTSI grantees.
``(e) Training.--The NCTSI coordinating center shall oversee the
continuum of interprofessional training initiatives in evidence-based
and trauma-informed treatments, interventions, and practices offered to
NCTSI grantees and providers in all child-serving systems.
``(f) Prevention.--The NCTSI coordinating center shall include a
focus on the development of prevention services and resources as they
relate to the prevention of exposure to traumatic events and to early
intervention programs focused on the prevention of the long term
consequences of child trauma.
``(g) Research.--The NCTSI coordinating center shall establish an
ongoing collaboration with Federal research institutions, including at
the National Institutes of Health and the Centers for Disease Control
and Prevention, for the purpose of sharing NCTSI expertise and
evaluation data, conducting joint evaluation projects, and informing
national research priorities related to child trauma.
``(h) Dissemination.--The NCTSI coordinating center shall
collaborate with the Secretary in the dissemination of evidence-based
and trauma-informed interventions, treatments, products, and other
resources to all child-serving systems, collaborating Federal agencies,
and policymakers.
``(i) Review.--The Secretary shall establish consensus-driven, in-
person or teleconference review of NCTSI applications by child trauma
experts and review criteria related to expertise and experience related
to child trauma and evidence-based practices.
``(j) Geographical Distribution.--The Secretary shall ensure that
grants, contracts or cooperative agreements under subsection (a) are
distributed equitably among the regions of the United States and among
urban and rural areas. Notwithstanding the previous sentence, expertise
and experience in the field of trauma-related disorders shall be
prioritized in the awarding of such grants as required under subsection
(b).
``(k) Evaluation.--The Secretary, as part of the application
process, shall require that each applicant for a grant, contract or
cooperative agreement under subsection (a) submit a plan for the
rigorous evaluation of the activities funded under the grant, contract
or agreement, including both process and outcome evaluation, and the
submission of an evaluation at the end of the project period.
``(l) Duration of Awards.--With respect to a grant, contract or
cooperative agreement under subsection (a), the period during which
payments under such an award will be made to the recipient shall be 6
years. Such grants, contracts, or cooperative agreements may be
renewed. Expertise and experience in the field of trauma-related
disorders shall be a priority for new and continuing awards.
``(m) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $50,000,000 for each of fiscal
years 2016 through 2020.''. | Children's Recovery from Trauma Act This bill amends the Public Health Service Act to require the Department of Health and Human Services (HHS) to support programs that provide for the continued operation of the National Child Traumatic Stress Initiative (NCTSI) and for research on evidence-based practices for identifying and treating children and youth with mental, behavioral, and biological disorders resulting from witnessing or experiencing a traumatic event. HHS must award a cooperative agreement to a comprehensive national coordinating center to oversee NCTSI activities. The NCTSI coordinating center must: (1) collect, analyze, and report data to establish the effectiveness of early identification and delivery of treatment and services; (2) focus on the development of services and resources to prevent the long-term consequences of child trauma; (3) collaborate with federal research institutions; and (4) collaborate with HHS in the dissemination of evidence-based and trauma-informed interventions, treatments, products, and other resources. | Children's Recovery from Trauma Act |
908 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Family Enterprise
Preservation Act of 1995''.
SEC. 2. INCREASE IN UNIFIED ESTATE AND GIFT TAX CREDITS FOR FAMILY
ENTERPRISES.
(a) Estate Tax.--Section 2010 of the Internal Revenue Code of 1986
(relating to unified credit against estate tax) is amended by
redesignating subsections (b) and (c) as subsections (c) and (d),
respectively, by inserting after subsection (a) the following new
subsection:
``(b) Additional Credit for Family Enterprises.--The amount of the
credit allowable under subsection (a) shall be increased by an amount
equal to the value of any family enterprise property (as defined in
section 2032B(b)) included in the decedent's gross estate, to the
extent the additional credit does not exceed $121,800.''
(b) Gift Tax.--Section 2505 of such Code (relating to unified
credit against gift tax) is amended by redesignating subsections (b)
and (c) as subsections (c) and (d), respectively, and by inserting
after subsection (a) the following new subsection:
``(b) Additional Credit for Family Enterprises.--The amount of the
credit allowable under subsection (a) for each calendar year shall be
increased by an amount equal to--
``(1) the value of taxable gifts of family enterprise
property (as defined in section 2032B(b)), to the extent the
additional credit does not exceed $121,800, reduced by
``(2) the sum of the amounts allowable as a credit to the
individual under this subsection for all preceding calendar
periods.''
(c) Effective Dates.--
(1) Estate tax credit.--The amendments made by subsection
(a) shall apply to the estates of decedents dying after
December 31, 1995.
(2) Gift tax credit.--The amendments made by subsection (b)
shall apply to gifts made after December 31, 1995.
SEC. 3. INCREASE IN ANNUAL GIFT TAX EXCLUSION.
(a) In General.--Section 2503 of the Internal Revenue Code of 1986
(relating to taxable gifts) is amended by redesignating subsection (c)
as subsection (d) and by inserting after subsection (b) the following
new subsection:
``(c) Additional Exclusion From Gifts.--The amount of the exclusion
allowable under subsection (b) during a calendar year shall be
increased by an amount equal to the value of gifts of family enterprise
property (as defined in section 2032B(b)) made during such year, to the
extent such value does not exceed $10,000.''
(b) Effective Date.--The amendments made by this section shall
apply to gifts made after December 31, 1995.
SEC. 4. FAMILY ENTERPRISE INTERESTS.
(a) In General.--Part III of subchapter A of chapter 11 of the
Internal Revenue Code of 1986 (relating to gross estate) is amended by
inserting after section 2032A the following new section:
``SEC. 2032B. FAMILY ENTERPRISE PROPERTY.
``(a) General Rule.--The value of family enterprise property
included in the gross estate of a decedent who is a citizen or resident
of the United States shall be--
``(1) the value of such property, reduced by
``(2) the lesser of--
``(A) 50 percent of the value of such property, or
``(B) $1,000,000.
``(b) Family Enterprise Property.--
``(1) In general.--For purposes of this section, the term
`family enterprise property' means any interest in real or
personal property which is devoted to use as a farm or used for
farming purposes (within the meaning of paragraphs (4) and (5)
of section 2032A(e)) or is used in any other trade or business,
if at least 80 percent of the ownership interests in such farm
or other trade or business is held--
``(A) by 5 or fewer individuals, or
``(B) by individuals who are members of the same
family within the meaning of section 2032A(e)(2)).
``(2) Limited partnership interest excluded.--An interest
in a limited partnership, other than a family limited
partnership, shall in no event be treated as family enterprise
property.
``(c) Tax Treatment of Dispositions and Failure To Use for
Qualifying Use.--
``(1) Imposition of additional estate tax.--With respect to
family enterprise property acquired from or passed from the
decedent to an individual, if within 10 years after the
decedent's death and before the death of such individual--
``(A) such individual disposes of any interest in
such property (other than by a disposition to a member
of the individual's family), or
``(B) such individual or a member of the
individual's family ceases to participate in the active
management of such property,
then there is hereby imposed an additional estate tax.
``(2) Amount of additional tax.--The amount of the
additional tax imposed by paragraph (1) with respect to any
interest in family enterprise property shall be--
``(A) the amount determined under section
2032A(c)(2) with respect to such interest, reduced by
``(B) 5 percent of the amount described in
subparagraph (A) for each year following the date of
the decedent's death in which the individual described
in paragraph (1) or a member of the individual's family
participated in the active management of such family
enterprise property.
Rules similar to the rules of paragraphs (3), (4), and (5) of
section 2032A(c) shall apply to such tax.
``(3) Active management.--For purposes of this subsection,
the term `active management' means the making of the management
decisions of a business other than the daily operating
decisions.''
(b) Clerical Amendment.--The table of sections for part III of
subchapter A of chapter 11 of such Code is amended by inserting after
the item relating to section 2032A the following new item:
``Sec. 2032B. Family enterprise
property.''
(c) Effective Date.--The amendments made by this section shall
apply to the estates of decedents dying after December 31, 1995.
SEC. 5. VALUATION OF CERTAIN FARM, ETC., REAL PROPERTY.
(a) In General.--Section 2032A(a)(2) of the Internal Revenue Code
of 1986 (relating to limitation on aggregate reduction in fair market
value) is amended by striking ``$750,000'' and inserting
``$1,000,000''.
(b) Effective Date.--The amendment made by this section shall apply
to the estates of decedents dying after December 31, 1995. | National Family Enterprise Preservation Act of 1995 - Amends the Internal Revenue Code to increase the estate tax credit and the gift tax credit by amounts equal to the value of any family enterprise property, with limitations.
Increases the gift tax exclusion by the value of gifts of family enterprise property, with limitations.
Establishes a formula for determining the value of family enterprise property.
Increases the limitation on the aggregate reduction in fair market value of certain farm property and other real property. | National Family Enterprise Preservation Act of 1995 |
909 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fort Donelson National Battlefield
Expansion Act of 2002''.
SEC. 2. FORT DONELSON NATIONAL BATTLEFIELD.
(a) Designation; Purpose.--There exists as a unit of the National
Park System the Fort Donelson National Battlefield to commemorate--
(1) the Battle of Fort Donelson in February 1862; and
(2) the campaign conducted by General Ulysses S. Grant and
Admiral Andrew H. Foote that resulted in the capture of Fort
Donelson by Union forces.
(b) Boundaries.--The Fort Donelson National Battlefield shall
consist of the site of Fort Donelson and associated land that has been
acquired by the Secretary of the Interior for administration by the
National Park Service, including Fort Donelson National Cemetery, in
Stewart County, Tennessee and the site of Fort Heiman and associated
land in Calloway County, Kentucky, as generally depicted on the map
entitled ``__________________'' numbered ________________, and dated
____. The map shall be on file and available for public inspection in
the appropriate offices of the National Park Service.
(c) Expansion of Boundaries.--The Fort Donelson National
Battlefield shall also include any land acquired pursuant to section 3.
SEC. 3 LAND ACQUISITION RELATED TO FORT DONELSON NATIONAL BATTLEFIELD.
(a) Acquisition Authority.--Subject to subsections (b) and (c), the
Secretary of the Interior may acquire land, interests in land, and
improvements thereon for inclusion in the Fort Donelson National
Battlefield. Such land, interests in land, and improvements may be
acquired by the Secretary only by purchase from willing sellers with
appropriated or donated funds, by donation, or by exchange with willing
owners.
(b) Land Eligible for Acquisition.--The Secretary of the Interior
may acquire land, interests in land, and improvements thereon under
subsection (a)--
(1) within the boundaries of the Fort Donelson National
Battlefield described in section 2(b); and
(2) outside such boundaries if the land has been identified
by the American Battlefield Protection Program as part of the
battlefield associated with Fort Donelson or if the Secretary
otherwise determines that acquisition under subsection (a) will
protect critical resources associated with the Battle of Fort
Donelson in 1862 and the Union campaign that resulted in the
capture of Fort Donelson.
(c) Boundary Revision.--Upon acquisition of land or interests in
land described in subsection (b)(2), the Secretary of the Interior
shall revise the boundaries of the Fort Donelson National Battlefield
to include the acquired property.
(d) Limitation on Total Acreage of Park.--The total area
encompassed by the Fort Donelson National Battlefield may not exceed
2,000 acres.
SEC. 4. ADMINISTRATION OF FORT DONELSON NATIONAL BATTLEFIELD.
The Secretary of the Interior shall administer the Fort Donelson
National Battlefield in accordance with this Act and the laws generally
applicable to units of the National Park System, including the Act of
August 25, 1916 (commonly known as the National Park Service Organic
Act; 16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (commonly
known as the Historic Sites, Buildings, and Antiquities Act; 16 U.S.C.
461 et seq.).
SEC. 5. RELATION TO LAND BETWEEN THE LAKES NATIONAL RECREATION AREA.
The Secretary of Agriculture and the Secretary of the Interior
shall enter into a memorandum of understanding to facilitate
cooperatively protecting and interpreting the remaining vestige of Fort
Henry and other remaining Civil War resources in the Land Between the
Lakes National Recreation Area affiliated with the Fort Donelson
campaign.
SEC. 6. REPEAL OF OBSOLETE PROVISIONS AND CONFORMING AMENDMENTS.
(a) Repeals.--
(1) 1928 law.--The first section and sections 2 through 7
of the Act of March 26, 1928 (16 U.S.C. 428a-428f), are
repealed.
(2) 1937 law.--Section 3 of the Act of August 30, 1937 (16
U.S.C. 428d-3), is repealed.
(3) 1960 law.--Sections 4 and 5 of Public Law 86-738 (16
U.S.C. 428n, 428o) are repealed.
(b) Conforming Amendments.--
(1) 1928 law.--The Act of March 26, 1928, is amended--
(A) in section 8 (16 U.S.C. 428g), by striking
``Secretary of War'' and inserting ``Secretary of the
Interior'';
(B) in section 9 (16 U.S.C. 428h)--
(i) by striking ``Fort Donelson National
Park'' and inserting ``Fort Donelson National
Battlefield''; and
(ii) by striking ``Secretary of War'' and
inserting ``Secretary of the Interior''; and
(C) in section 10 (16 U.S.C. 428i), by striking
``Secretary of War'' and inserting ``Secretary of the
Interior''.
(2) 1937 law.--The Act of August 30, 1937, is amended--
(A) in the first section (16 U.S.C. 428d-1)--
(i) by striking ``Fort Donelson National
Military Park'' and inserting ``Fort Donelson
National Battlefield''; and
(ii) by striking ``War Department'' and
inserting ``Department of the Army''; and
(B) in section 2 (16 U.S.C. 428d-2)--
(i) by striking ``Fort Donelson National
Military Park'' and inserting ``Fort Donelson
National Battlefield'';
(ii) by striking ``said national military
park'' and inserting ``Fort Donelson National
Battlefield''; and
(iii) by striking the last sentence.
(3) 1960 law.--The first section of Public Law 86-738 (16
U.S.C. 428k) is amended--
(A) by striking ``Fort Donelson National Military
Park'' and inserting ``Fort Donelson National
Battlefield''; and
(B) by striking ``, but the total area
commemorating the battle of Fort Donelson shall not
exceed 600 acres''. | Fort Donelson National Battlefield Expansion Act of 2002 - Authorizes the Secretary of the Interior to acquire for inclusion in the Fort Donelson National Battlefield land, interests, and improvements: (1) within the boundaries of the Battlefield; and (2) outside such boundaries if the land has been identified by the American Battlefield Protection Program as part of the battlefield associated with Fort Donelson or if the Secretary otherwise determines that acquisition will protect critical resources associated with the Battle of Fort Donelson in1862 and the Union campaign that resulted in the capture of the Fort. Limits the total area encompassed by the Battlefield to 2,000 acres.Directs the Secretary and the Secretary of Agriculture to enter into a memorandum of understanding to facilitate cooperatively protecting and interpreting the remaining vestige of Fort Henry and other remaining Civil War resources in the Land Between the Lakes National Recreation Area affiliated with the Fort Donelson campaign. | To expand the boundaries of the Fort Donelson National Battlefield to authorize the acquisition and interpretation of lands associated with the campaign that resulted in the capture of the fort in 1862, and for other purposes. |
910 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Young Americans Financial Literacy
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Since 2007, there has been a nearly 20-percent drop in
the number of 18-year-olds with bank accounts, and in 2012,
nearly one in three Americans don't pay their bills on time.
(2) Ninety percent of Americans believe all high school
students should be required to take a class in financial
education.
(3) Eighty percent of parents believe schools are teaching
money management and budgeting, while over 70 percent of
teachers are not teaching financial literacy.
(4) According to a 2010 survey, only a few States have
adopted varying degrees of financial literacy curriculum, and
only four States require high school students to take a
semester long course.
(5) Two in five U.S. adults gave themselves a C, D or F on
their knowledge of personal finance. In 2011, 76 percent
admitted they could benefit from additional advice and answers
to everyday financial questions from a professional.
(6) Two in five adults indicated that they are now saving
less than they were one year ago.
(7) Most adults feel that their financial literacy skills
are inadequate, yet they do not rely on anyone else to handle
their finances; they feel it is important to know more but have
received no financial education.
(8) It is necessary to respond immediately to the pressing
needs of individuals faced with the loss of their financial
stability, however increased attention must also be paid to
financial literacy education reform and long-term solutions to
prevent future personal financial disasters.
(9) There is an urgent need to respond to the economic
recovery with research-based financial literacy education
programs to reach individuals at all ages and socioeconomic
levels, particularly those facing unique and challenging
financial situations, such as high school graduates entering
the workforce, soon-to-be and recent college graduates, young
families, and the unique needs of military personnel and their
families.
(10) More than 70 percent of parents say they have spoken
with their teens about credit and using credit cards wisely,
while less than 44 percent of the teenaged children of those
respondents say their parents have talked to them about credit
cards.
(11) Seventy-six percent of parents surveyed said their
high school student does not have a budget.
(12) Seventy-five percent of 16 to 18-year-olds say
learning more about budgeting and money management is one of
their top priorities. Researchers document a ``snowball
effect'' that such early efforts exponentially increase the
likelihood that students will pursue more financial education
as time goes on.
(13) High school and college students who are exposed to
cumulative financial education show an increase in financial
knowledge, which in turn drives increasingly responsible
behavior as they become young adults.
(14) Sixty percent of parents identify their teens as
``quick spenders'', and most acknowledge they could do a better
job of teaching and preparing kids for the financial challenges
of adulthood, including budgeting, saving, and investing.
(15) Ninety-three percent of teens surveyed in a 2012
report say they are not involved in paying household bills or
managing the household budget. Forty-six percent admit to not
knowing how to create a budget.
(16) The majority (52 percent) of young adults between the
ages of 23-28 consider ``making better choices about managing
money'' the single most important issue for individual
Americans to act on today.
(17) According to the Government Accountability Office,
giving Americans the information they need to make effective
financial decisions can be key to their well-being and to the
country's economic health. The recent financial crisis, when
many borrowers failed to fully understand the risks associated
with certain financial products, underscored the need to
improve individuals' financial literacy and empower all
Americans to make informed financial decisions. This is
especially true for young people as they are earning their
first paychecks, securing student aid, and establishing their
financial independence. Therefore, focusing economic education
and financial literacy efforts and best practices for young
people between the ages of 8-24 is of utmost importance.
SEC. 3. AUTHORIZATION FOR FUNDING THE ESTABLISHMENT OF CENTERS OF
EXCELLENCE IN FINANCIAL LITERACY EDUCATION.
(a) In General.--The Director of the Bureau of Consumer Financial
Protection, in consultation with the Financial Literacy and Education
Commission established under the Financial Literacy and Education
Improvement Act, may make competitive grants to and enter into
agreements with eligible institutions to establish centers of
excellence to support research, development and planning,
implementation, and evaluation of effective programs in financial
literacy education for young people and families ages 8 through 24
years old.
(b) Authorized Activities.--Activities authorized to be funded by
grants made under subsection (a) shall include the following:
(1) Developing and implementing comprehensive research
based financial literacy education programs for young people--
(A) based on a set of core competencies and
concepts established by the Director, including goal
setting, planning, budgeting, managing money or
transactions, tools and structures, behaviors,
consequences, both long- and short-term savings,
managing debt and earnings; and
(B) which can be incorporated into educational
settings through existing academic content areas,
including materials that appropriately serve various
segments of at-risk populations, particularly minority
and disadvantaged individuals.
(2) Designing instructional materials using evidence-based
content for young families and conducting related outreach
activities to address unique life situations and financial
pitfalls, including bankruptcy, foreclosure, credit card
misuse, and predatory lending.
(3) Developing and supporting the delivery of professional
development programs in financial literacy education to assure
competence and accountability in the delivery system.
(4) Improving access to, and dissemination of, financial
literacy information for young people and families.
(5) Reducing student loan default rates by developing
programs to help individuals better understand how to manage
educational debt through sustained educational programs for
college students.
(6) Conducting ongoing research and evaluation of financial
literacy education programs to assure learning of defined
skills and knowledge, and retention of learning.
(7) Developing research-based assessment and accountability
of the appropriate applications of learning over short and long
terms to measure effectiveness of authorized activities.
(c) Priority for Certain Applications.--The Director shall give a
priority to applications that--
(1) provide clear definitions of ``financial literacy'' and
``financially literate'' to clarify educational outcomes;
(2) establish parameters for identifying the types of
programs that most effectively reach young people and families
in unique life situations and financial pitfalls, including
bankruptcy, foreclosure, credit card misuse, and predatory
lending;
(3) include content that is appropriate to age and
socioeconomic levels;
(4) develop programs based on educational standards,
definitions, and research;
(5) include individual goals of financial independence and
stability; and
(6) establish professional development and delivery systems
using evidence-based practices.
(d) Application and Evaluation Standards and Procedures;
Distribution Criteria.--The Director shall establish application and
evaluation standards and procedures, distribution criteria, and such
other forms, standards, definitions, and procedures as the Director
determines to be appropriate.
(e) Limitation on Grant Amounts.--
(1) In general.--The aggregate amount of grants made under
this section during any fiscal year may not exceed $55,000,000.
(2) Termination.--No grants may be made under this section
after the end of fiscal year 2018.
(f) Definitions.--For purposes of this Act the following
definitions shall apply:
(1) Director.--The term ``Director'' means the Director of
the Bureau of Consumer Financial Protection.
(2) Eligible institution.--The term ``eligible
institution'' means a partnership of two or more of the
following:
(A) Institution of higher education.
(B) Local educational agency.
(C) A nonprofit agency, organization, or
association.
(D) A financial institution.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001(a)). | Young Americans Financial Literacy Act Authorizes the Director of the Consumer Financial Protection Bureau to make competitive grants to, and enter agreements with, eligible institutions to establish centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young people and families ages 8-24 years old. Limits the aggregate amount of grants made under this Act during any fiscal year. Sunsets the grant program at the end of FY2018. Defines "eligible institution" as a partnership of two or more of the following: (1) an institution of higher education; (2) a local educational agency; (3) a nonprofit agency, organization, or association; or (4) a financial institution. | Young Americans Financial Literacy Act |
911 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Long-Term Care Affordability and
Security Act of 2007''.
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, 2006.
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 2007 - 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) make certain consumer protections applicable to 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. |
912 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investment for America Act''.
SEC. 2. REINSTATEMENT OF 10-PERCENT DOMESTIC INVESTMENT TAX CREDIT.
(a) Allowance of Credit.--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 (2), by striking the period at
the end of paragraph (3) and inserting ``, and'', and by adding at the
end thereof the following new paragraph:
``(4) the domestic investment credit.''
(b) Amount of Credit.--Section 48 of such Code is amended by adding
at the end thereof the following new subsection:
``(c) Domestic Investment Credit.--
``(1) In general.--For purposes of section 46, the domestic
investment credit for any taxable year is an amount equal to 10
percent of the qualified investment for such taxable year.
``(2) Qualified investment.--
``(A) In general.--For purposes of paragraph (1),
the qualified investment for any taxable year is the
aggregate of--
``(i) the applicable percentage of the
basis of each new domestic section 38 property
placed in service by the taxpayer during such
taxable year, plus
``(ii) the applicable percentage of the
cost of each used domestic section 38 property
placed in service by the taxpayer during such
taxable year.
``(B) Applicable percentage.--For purposes of
subparagraph (A), the applicable percentage for any
property shall be determined under paragraphs (2) and
(7) of section 46(c) (as in effect on the day before
the date of the enactment of the Revenue Reconciliation
Act of 1990).
``(C) Certain rules made applicable.--The
provisions of subsections (b) and (c) of section 48 (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 paragraph.
``(3) Domestic section 38 property.--For purposes of this
subsection, the term `domestic section 38 property' means any
section 38 property if--
``(A) the property was completed in the United
States, and
``(B) at least 60 percent of the basis of the
property is attributable to value added within the
United States.
For purposes of the preceding sentence, the term `United
States' includes the Commonwealth of Puerto Rico and the
possessions of the United States.
``(4) Section 38 property.--For purposes of this
subsection, the term `section 38 property' means--
``(A) tangible personal property (other than an air
conditioning or heating unit), or
``(B) other tangible property (not including a
building and its structural components) but only if
such property--
``(i) is used as an integral part of
manufacturing, production, or extraction or of
furnishing transportation, communications,
electrical energy, gas, water, or sewage
disposal services, or
``(ii) constitutes a research facility used
in connection with any of the activities
referred to in clause (i), or
``(iii) constitutes a facility used in
connection with any of the activities referred
to in clause (i) for the bulk storage of
fungible commodities (including commodities in
a liquid or gaseous state), or
``(C) elevators and escalators, but only if--
``(i) the construction, reconstruction, or
erection of the elevator or escalator is
completed by the taxpayer, or
``(ii) the original use of such elevator or
escalator commences with the taxpayer, or
``(D) single purpose agricultural or horticultural
structures; or
``(E) a storage facility (not including a building
and its structural components) used in connection with
the distribution of petroleum or any primary product of
petroleum.
Such term includes only property to which section 168 applies
without regard to any useful life and any other property with
respect to which depreciation (or amortization in lieu of
depreciation) is allowable and having a useful life (determined
as of the time such property is placed in service) of 3 years
or more.
``(5) Coordination with other credits.--This subsection
shall not apply to any property to which the energy credit or
rehabilitation credit would apply unless the taxpayer elects to
waive the application of such credits to such property.
``(6) Certain progress expenditure rules made applicable.--
Rules similar to rules of subsection (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.''
(c) Technical Amendments.--
(1) Subparagraph (C) of section 49(a)(1) of such Code is
amended by striking ``and'' at the end of clause (ii), by
striking the period at the end of clause (iii) and inserting
``, and'', and by adding at the end thereof the following new
clause:
``(iv) the basis of any new domestic
section 38 property and the cost of any used
domestic section 38 property.''
(2) Subparagraph (E) of section 50(a)(2) of such Code is
amended by inserting ``or 48(c)(6)'' before the period at the
end thereof.
(3) Paragraph (5) of section 50(a) of such Code is amended
by adding at the end thereof the following new subparagraph:
``(D) Special rules for certain property.--In the
case of any domestic section 38 property which is 3-
year property (within the meaning of section 168(e))--
``(i) the percentage set forth in clause
(ii) of the table contained in paragraph (1)(B)
shall be 66 percent,
``(ii) the percentage set forth in clause
(iii) of such table shall be 33 percent, and
``(iii) clauses (iv) and (v) of such table
shall not apply.''
(4)(A) The section heading for section 48 of such Code is
amended to read as follows:
``SEC. 48. OTHER CREDITS.''
(B) The table of sections for subpart E of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the item relating to section 48 and inserting the following:
``Sec. 48. Other credits.''
(d) Effective Date.--The amendments made by this section shall
apply to periods after December 31, 1994, under rules similar to the
rules of section 48(m) of the Internal Revenue Code of 1986 (as in
effect on the day before the date of the enactment of the Revenue
Reconciliation Act of 1990).
SEC. 3. CREDIT FOR PURCHASES OF DOMESTIC DURABLE GOODS.
(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 22 the
following new section:
``SEC. 23. PURCHASES OF DOMESTIC DURABLE GOODS.
``(a) General Rule.--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 7 percent of the aggregate amount paid
during the taxable year for the purchase of domestic durable goods.
``(b) Domestic Durable Goods.--For purposes of this section--
``(1) In general.--The term `domestic durable good' means
any durable good if--
``(A) the property was completed in the United
States, and
``(B) at least 60 percent of the basis of the
property is attributable to value added within the
United States.
``(2) United states.--The term `United States' includes the
Commonwealth of Puerto Rico and the possessions of the United
States.
``(c) Limitation.--The amount of the credit allowed under
subsection (a) for any taxable year shall not exceed $1,000.''
(b) Conforming Amendment.--The table of sections for such subpart A
is amended by inserting after the item relating to section 22 the
following new item:
``Sec. 23. Purchases of domestic durable
goods.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1994.
SEC. 4. CREDIT FOR CERTAIN COSTS INCURRED IN PURCHASING AN AMERICAN-
MADE PASSENGER VEHICLE.
(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 23 (as added by
section 3 of this Act) the following new section:
``SEC. 24. CERTAIN COSTS INCURRED IN PURCHASING AN AMERICAN-MADE
PASSENGER VEHICLE.
``(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 qualified payments made by the
taxpayer during such year.
``(b) Qualified Payments.--For purposes of this section, the term
`qualified payments' means any payment of--
``(1) any State or local sales tax imposed on the purchase
by the taxpayer of any qualified automobile, and
``(2) any interest on any loan which is secured by a
qualified automobile and which was incurred by the taxpayer to
purchase such automobile.
``(c) Qualified Automobile.--For purposes of this section, the term
`qualified automobile' means any automobile (as defined in section
4064(b))--
``(1) which is purchased after December 31, 1994,
``(2) which is domestically produced,
``(3) the original use of which begins with the taxpayer,
and
``(4) substantially all of the use of which is for
personal, nonbusiness purposes.
For purposes of the preceding sentence, an automobile is domestically
produced if more than 60 percent of the automobile is produced in the
United States and its final assembly occurs in the United States.
``(d) Denial of Double Benefit.--No deduction or credit shall be
allowed under any other provision of this title for any payment for
which a credit is allowable under this section.''
(b) Clerical Amendment.--The table of sections for such subpart A
is amended by inserting after the item relating to section 23 the
following new item:
``Sec. 24. Certain costs incurred in
purchasing an American-made
passenger vehicle.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after December 31, 1994.
SEC. 5. PLACEMENT OF MADE IN AMERICA LABELS ON PRODUCTS.
(a) Requirements for Use of Labels.--No product may bear a label
which states or suggests that the product was made in America unless--
(1) the product has been registered with the Department of
Commerce under subsection (b); and
(2) the Secretary of Commerce has determined that--
(A) 60 percent of the product was manufactured in
the United States; and
(B) final assembly of the product took place in the
United States.
(b) Registry of American-Made Products.--Not later than 12 months
after the Secretary has promulgated regulations regarding the
registration of products with the Department of Commerce under this
section, a person shall register with the Department of Commerce any
product on which there is or will be affixed a label which states or
suggests that the product was made in America.
(c) Penalties for Fraudulent Use of Labels.--
(1) Civil fine.--Any person who, with an intent to defraud
or mislead, places on a product a label which states or
suggests that the product was ``made in America'' in violation
of this section may be assessed a civil penalty by the
Secretary of not more than $100,000. The Secretary may issue an
order assessing such civil penalty only after notice and an
opportunity for an agency hearing on the record. The validity
of such order may not be reviewed in an action to collect such
civil penalty.
(2) Injunctive relief.--The Secretary may bring an action
to enjoin the violation of, or to compel compliance with, this
section, whenever the Secretary believes that such a violation
has occurred or is about to occur.
(d) Regulations.--Not later than 12 months after the date of the
enactment of this Act, the Secretary shall promulgate regulations
establishing procedures under which a person shall register a product
under this section.
(e) Definitions.--For purposes of this section:
(1) Label.--The term ``label'' means any written, printed,
or graphic matter on, or attached to, a product or any of its
containers or wrappers.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce. | Investment for America Act - Amends the Internal Revenue Code to reinstate a ten percent investment tax credit for domestic property placed in service after December 31, 1992. Defines domestic property as property completed in the United States and at least 60 percent of the basis of the property is attributable to value added within the United States.
Allows a tax credit for seven percent of the aggregate amount paid for the purchase of domestic durable goods. Limits such credit to $1,000.
Permits a tax credit equal to qualified payments made for the purchase of an American automobile. Defines "qualified payments" as State or local sales tax imposed on the purchase of the automobile and interest on the automobile loan.
Prohibits a product from bearing a label which suggests that it was made in America unless: (1) the product has been registered with the Department of Commerce; and (2) the Secretary of Commerce has determined that 60 percent of the product was manufactured in, and final assembly took place in, the United States.
Requires the registry of American-made products with the Department of Commerce.
Prescribes penalties for the fraudulent use of labels. | Investment for America Act |
913 | SECTION 1. TIPS RECEIVED FOR CERTAIN SERVICES NOT SUBJECT TO INCOME OR
EMPLOYMENT TAXES.
(a) In General.--Section 102 of the Internal Revenue Code of 1986
(relating to gifts and inheritances) is amended by adding at the end
the following new subsection:
``(d) Tips Received for Certain Services.--
``(1) In general.--For purposes of subsection (a), tips
received by an individual for qualified services performed by
such individual shall be treated as property transferred by
gift.
``(2) Qualified services.--For purposes of this subsection,
the term `qualified services' means cosmetology, hospitality
(including lodging and food and beverage services), recreation,
taxi, newspaper deliveries and shoe shine services.
``(3) Annual limit.--The amount excluded from gross income
for the taxable year by reason of paragraph (1) with respect to
each service provider shall not exceed $10,000.
``(4) Employee taxable on at least minimum wage.--Paragraph
(1) shall not apply to tips received by an employee during any
month to the extent that such tips--
``(A) are deemed to have been paid by the employer
to the employee pursuant to section 3121(q) (without
regard to whether such tips are reported under section
6053), and
``(B) do not exceed the excess of--
``(i) the minimum wage rate applicable to
such individual under section 6(a)(1) of the
Fair Labor Standards Act of 1938 (determined
without regard to section 3(m) of such Act),
over
``(ii) the amount of the wages (excluding
tips) paid by the employer to the employee
during such month.
``(5) Tips.--For purposes of this title, the term `tips'
means a gratuity paid by an individual for services performed
for such individual (or for a group which includes such
individual) by another individual if such services are not
provided pursuant to an employment or similar contractual
relationship between such individuals.''
(b) Exclusion From Social Security Taxes.--
(1) Paragraph (12) of section 3121(a) of such Code is
amended to read as follows:
``(12)(A) tips paid in any medium other than cash;
``(B) cash tips received by an employee in any calendar
month in the course of his employment by an employer unless the
amount of such cash tips is $20 or more and then only to the
extent includible in gross income after the application of
section 102(d);''.
(2) Paragraph (10) of section 209(a) of the Social Security
Act is amended to read as follows:
``(10)(A) tips paid in any medium other than cash;
``(B) cash tips received by an employee in any calendar
month in the course of his employment by an employer unless the
amount of such cash tips is $20 or more and then only to the
extent includible in gross income after the application of
section 102(d) of the Internal Revenue Code of 1986 for such
month;''.
(3) Paragraph (3) of section 3231(e) of such Code is
amended to read as follows:
``(3) Solely for purposes of the taxes imposed by section
3201 and other provisions of this chapter insofar as they
relate to such taxes, the term `compensation' also includes
cash tips received by an employee in any calendar month in the
course of his employment by an employer if the amount of such
cash tips is $20 or more and then only to the extent includible
in gross income after the application of section 102(d).''.
(c) Exclusion From Unemployment Compensation Taxes.--Subsection (s)
of section 3306 of such Code is amended to read as follows:
``(s) Tips Not Treated as Wages.--For purposes of this chapter, the
term `wages' shall include tips received in any month only to the
extent includible in gross income after the application of section
102(d) for such month.''
(d) Exclusion From Wage Withholding.--Paragraph (16) of section
3401(a) of such Code is amended to read as follows:
``(16)(A) as tips in any medium other than cash;
``(B) as cash tips to an employee in any calendar month in
the course of his employment by an employer unless the amount
of such cash tips is $20 or more and then only to the extent
includible in gross income after the application of section
102(d);''
(e) Conforming Amendment.--Sections 32(c)(2)(A)(i) and 220(b)(4)(A)
of such Code are each amended by striking ``tips'' and inserting ``tips
to the extent includible in gross income after the application of
section 102(d))''.
(f) Effective Date.--The amendments made by this section shall
apply to tips received after the calendar month which includes the date
of the enactment of this Act. | Amends the Internal Revenue Code to make revisions concerning the treatment of tip income for specified services, including treating a limited amount of tips as property transferred by gift. | To amend the Internal Revenue Code of 1986 to provide that tips received for certain services shall not be subject to income or employment taxes. |
914 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthcare Innovation Zone Program
Act of 2009''.
SEC. 2. HEALTHCARE INNOVATION ZONE DEMONSTRATION PROGRAM.
(a) Establishment.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Health and Human Services shall
establish a Healthcare Innovation Zone pilot program to increase
healthcare provider integration and align healthcare provider
incentives to improve health and to reduce healthcare costs.
(b) Features of Program.--The HIZ pilot program established under
subsection (a) shall consist of the following:
(1) An HIZ planning grant program, as described in section
3.
(2) An HIZ demonstration project, as described in section
4.
(c) Definitions.--In this Act:
(1) Grant program.--The term ``grant program'' means the
HIZ planning grant program as described in section 3.
(2) HIZ.--The term ``HIZ'' means a Healthcare Innovation
Zone, consisting of an integrated healthcare delivery network
that works with local employers, community leaders, and private
and governmental payors in a geographic region, that--
(A) provides a full spectrum of care, including
inpatient, outpatient, post-acute, and preventive care,
to individuals including Medicare beneficiaries;
(B) has an academic medical center that provides
tertiary and quaternary care, has existing capabilities
to conduct health services research, and provides
clinical training for health professionals; and
(C) is able to accept alternative payment
structures beyond fee-for-service and per diem amounts.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 3. HIZ PLANNING GRANT PROGRAM.
(a) Establishment.--The Secretary shall make grants to eligible
entities for the purposes of researching and preparing an HIZ model
plan, in accordance with subsection (f).
(b) Conditions.--A grant recipient under this section must apply
for the HIZ demonstration project described in section 4. If a grant
recipient under this section is not selected to participate in such
project, then such recipient must return any unused grant funds to the
Secretary.
(c) Eligibility.--The following persons are eligible entities for
purposes of this section:
(1) A healthcare institution or provider licensed and
accredited in the United States.
(2) An academic medical center.
(3) A large multispecialty group practice.
(4) Any other clinical organization.
(5) Any other organization that is able to establish,
through a memorandum of understanding or by other means to be
defined by the Secretary, an intent to collaborate with a
person listed in paragraphs (1) through (4).
(d) Application.--An application for a grant under this section
shall include the following:
(1) A demonstration that the grant applicant is located in
a geographic region that has the necessary breadth of
healthcare providers to support the HIZ.
(2) The support and endorsement of the HIZ concept by the
following persons:
(A) At least one leader of a clinical entity that
provides the full spectrum of care.
(B) At least one private payer.
(3) A demonstration that the grant applicant has the
resources and expertise to implement the features listed in
subsection (f).
(4) A proposed budget setting forth the costs to be
incurred in creating the model HIZ plan.
(e) Criteria for Awarding Grants.--The Secretary shall give
preference to a grant application that demonstrates a likelihood that
the HIZ model plan will meet the requirements of subsection (f).
(f) HIZ Model Plan Requirements.--A recipient of a grant under this
section must submit to the Secretary, within 6 months of receiving such
grant, an HIZ model plan describing the HIZ to be implemented in the
demonstration project under section 4. Such HIZ model plan must contain
the following:
(1) A description of innovative models of care that improve
quality and decrease costs.
(2) A provider network that will provide the full spectrum
of care.
(3) A target population and mechanisms to enroll such
population, supported by evidence that such population is
willing to participate in an HIZ demonstration.
(4) A mechanism to provide for knowledge and information-
sharing across the HIZ participants.
(5) A description of how the HIZ would incorporate the
training of the next generation of physicians, nurses, and
allied health professionals in a new model of cost-effective
quality healthcare.
(6) A description of the governance of the HIZ, and how it
would affect the administration of the model and management of
the organizational and cultural changes necessary for a
successful HIZ.
(7) A description of non-financial barriers to innovation
that must be addressed for the creation of a successful HIZ,
including physician self-referral laws, anti-trust
considerations, State laws, and accreditation or certification
requirements.
(8) A process for data reporting, annual site visits, and
developing community health impact assessments.
(9) A set of indicators to help track performance and
success of the HIZ model plan, including measures to address
cost containment, access to care, and quality improvement, and
how the HIZ model plan would facilitate achievement of these
improvements.
(10) A description of mechanisms to achieve involvement by
the community and external experts as ongoing monitors of the
success of the HIZ model plan.
(11) Payment methodology options that address both funding
mechanisms to the HIZ as well as how the HIZ would distribute
funds to the HIZ participants.
(g) Number and Amount of Planning Grants.--The Secretary shall
award at least 10 but not more than 25 grants under this section in an
amount of at least $250,000 and not more than $1,000,000 per grant.
(h) Funding.--Amounts made available under the heading ``Agency for
Healthcare Research and Quality--Healthcare Research and Quality'' in
title VIII of division I of the American Recovery and Reinvestment Act
of 2009 (Public Law 111-5) may be used by the Secretary to make grants
under this section.
SEC. 4. HEALTHCARE INNOVATION ZONE DEMONSTRATION PROJECT.
(a) Establishment.--The Secretary shall establish an HIZ
demonstration project in order to test the effectiveness of HIZs in
increasing healthcare provider integration, improving healthcare
services, and reducing healthcare costs. Such demonstration project
shall not be subject to current requirements regarding shared savings
under demonstration projects. The Secretary shall select demonstration
project participants from the persons that have received grants under
section 3.
(b) Duration.--The demonstration project shall operate for a period
of at least 3 years, and shall be subject to renewal at the Secretary's
discretion.
(c) Application.--An eligible entity shall submit an application
for participation in the HIZ demonstration project to the Secretary at
such time and manner, and containing such information as the Secretary
may require.
(d) Eligibility.--To be eligible to participate in the
demonstration project established under this section, a person must--
(1) have submitted an HIZ model plan in accordance with
section 3(f) that is approved by the Secretary;
(2) agree to submit the necessary data so that Secretary
can assess the costs, quality of care, and access to care for
the population participating in the HIZ demonstration project;
(3) demonstrate a culture of innovation and commitment to
preventive and public health;
(4) possess structural elements to provide the full range
of care necessary for a successful HIZ;
(5) provide clinical training for healthcare professionals
in a medical environment that emphasizes coordinated,
integrated, high-quality care delivered at a controlled cost;
(6) have the ability to allocate resources within the
members of the HIZ;
(7) have a broad research infrastructure that supports data
gathering, analytics, and synthesis of unrelated population
elements, including quality-related data elements;
(8) have significant investment in health information
technology that extends across the system to include healthcare
providers, physicians, and other clinicians;
(9) possess advance innovations including, but not limited
to, creation of medical homes, pay for performance, and other
cost-effective delivery platforms;
(10) demonstrate long-term economic sustainability;
(11) demonstrate strong hospital and physician leadership
and the willingness to undergo a full portfolio assessment and
reengineering of core patient care and administrative
processes;
(12) possess robust financial infrastructure and
administrative support to assure the HIZ's success; and
(13) demonstrate arrangements that maintain oversight and
accreditation standards.
(e) HIZ Requirements.--An HIZ established under this section
shall--
(1) provide healthcare services to individuals who
voluntarily enroll to receive such services for multi-year
periods from the HIZ; and
(2) provide comprehensive healthcare services, as described
in subsection (f).
(f) Comprehensive Healthcare Services.--The comprehensive
healthcare services referred to in subsection (e)(2) shall consist of
hospital care, physician services, post-acute care, preventive care,
education, tertiary and quaternary care, and palliative care, and shall
include the following:
(1) For a primary care practice, contractual agreements
with practices that deliver both primary and preventive care.
(2) For a teaching hospital or other hospital, arrangements
with teaching and nonteaching hospitals and arrangements with
community hospitals.
(3) For a network of outpatient facilities, arrangements
with outpatient facilities, including Federally Qualified
Health Centers and community health providers.
(4) For a network of post-acute care providers,
arrangements with post-acute care providers for rehabilitation
services, home health services, hospice services, skilled
nursing services, and such other post-acute care services as
the Secretary determines to be appropriate.
(5) For a network of community services, arrangements for
the provision of ambulance services and community outreach
service.
(6) Arrangements for the provision such additional services
as the Secretary may require.
(g) Payment.--The Secretary may determine the payments that are
required to be made for receipt of healthcare services provided under a
model plan implemented with a grant under this section. The Secretary
shall determine those amounts based on the methodology options
submitted through the grant program established under section 3.
(h) Assumption of Financial Risk for Costs Above HIZ Payment
Amounts.--An HIZ established under this section shall assume the full
financial risk for the costs of healthcare services delivered to an
individual receiving services from the HIZ that are in excess of any
payments made to the HIZ and must have sufficient reserves to
accommodate any such additional costs.
(i) Waiver of Rights to Payment Under Private or Public Programs.--
An HIZ established with amounts provided under this section shall waive
any right to additional reimbursement under any Federal healthcare
entitlement program, including under titles XVIII and XIX of the Social
Security Act (42 U.S.C. 1395 et seq.; 42 U.S.C. 1396 et seq.), and
under any group health plan or from any health insurance issuer
offering group or individual health insurance coverage for healthcare
services furnished to an individual receiving healthcare services from
the HIZ and for which payment is made under this subsection for such
services.
(j) Scoring Cost Savings.--The Secretary shall collaborate with the
Government Accountability Office in scoring the healthcare costs and
savings associated with implementing HIZs on a nationwide basis.
(k) Waiver.--Any requirements under titles XI and XVIII of the
Social Security Act (42 U.S.C. 1301 et seq.; 42 U.S.C. 1395 et seq.),
or under any other provision of law that would preclude the
establishment or operation of an HIZ under this section, shall not
apply with respect to such establishment or operation.
(l) Reports.--
(1) HIZ report.--An entity that establishes an HIZ under
this section shall submit to the Secretary a report that
describes and evaluates the activities of the HIZ.
(2) Secretary report.--The Secretary shall submit to
Congress an evaluation of the current status of the
demonstration program within 6 months after the end of the
first year of the demonstration program, and every 6 months
thereafter until the end of the demonstration program. | Healthcare Innovation Zone Program Act of 2009 - Directs the Secretary of Health and Human Services (HHS) to establish a Healthcare Innovation Zone (HIZ) pilot program, consisting of an HIZ planning grant program and an HIZ demonstration project, to increase health care provider integration and align health care provider incentives to improve health and reduce health care costs.
Defines an "HIZ" as an integrated health care delivery network that works with local employers, community leaders, and private and governmental payors in a geographic region and that: (1) provides a full spectrum of care, including inpatient, outpatient, post-acute, and preventive care, to individuals, including Medicare beneficiaries; (2) has an academic medical center that provides tertiary and quaternary care, has existing capabilities to conduct health services research, and provides clinical training for health professionals; and (3) is able to accept alternative payment structures beyond fee-for-service and per diem amounts.
Directs the Secretary to award between 10 and 25 grants of $250,000 to $1 million each to eligible entities for purposes of researching and preparing an HIZ model plan. Lists required contents of a plan, including: (1) a description of innovative models of care that improve quality and decrease costs; (2) a provider network that will provide the full spectrum of care; and (3) a target population and mechanisms to enroll such population.
Directs the Secretary to: (1) establish an HIZ demonstration project to test the effectiveness of HIZs in increasing health care provider integration, improving health care services, and reducing health care costs; and (2) select project participants from HIV model plan grant recipients. Requires the project to operate for at least three years, subject to renewal at the Secretary's discretion.
Requires an HIZ established under this Act to provide comprehensive health care services to individuals who voluntarily enroll to receive such services for multi-year periods from the HIZ. | To direct the Secretary of Health and Human Services to establish a Healthcare Innovation Zone pilot program. |
915 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jacob Wetterling Crimes Against
Children Registration Act''.
SEC. 2. ESTABLISHMENT OF PROGRAM.
(a) In General.--
(1) State guidelines.--The Attorney General shall establish
guidelines for State programs requiring any person who is
convicted of a criminal offense against a victim who is a minor
to register a current address with a designated State law
enforcement agency for 10 years after release from prison, or
being placed on parole, supervised release, or probation.
(2) Definition.--For purposes of this subsection, the term
``criminal offense against a victim who is a minor'' means any
criminal offense that consists of--
(A) kidnapping of a minor, except by a parent;
(B) false imprisonment of a minor, except by a
parent;
(C) criminal sexual conduct toward a minor;
(D) solicitation of a minor to engage in sexual
conduct;
(E) use of a minor in a sexual performance;
(F) solicitation of a minor to practice
prostitution;
(G) any conduct that by its nature is a sexual
offense against a minor; or
(H) an attempt to commit an offense described in
any of subparagraphs (A) through (G) of this paragraph,
if the State--
(i) makes such an attempt a criminal
offense; and
(ii) chooses to include such an offense in
those which are criminal offenses against a
victim who is a minor for the purposes of this
section.
(b) Registration Requirement Upon Release, Parole, Supervised
Release, or Probation.--An approved State registration program
established under this section shall contain the following
requirements:
(1) Duty of state prison official or court.--If a person
who is required to register under this section is released from
prison, or placed on parole, supervised release, or probation,
a State prison officer, or in the case of probation, the court,
shall--
(A) inform the person of the duty to register and
obtain the information required for such registration;
(B) inform the person that if the person changes
residence address, the person shall give the new
address to a designated State law enforcement agency in
writing within 10 days;
(C) inform the person that if the person changes
residence to another State, the person shall register
the new address with the law enforcement agency with
whom the person last registered, and the person is also
required to register with a designated law enforcement
agency in the new State not later than 10 days after
establishing residence in the new State, if the new
State has a registration requirement;
(D) obtain fingerprints and a photograph of the
person if these have not already been obtained in
connection with the offense that triggers registration;
and
(E) require the person to read and sign a form
stating that the duty of the person to register under
this section has been explained.
(2) Transfer of information to state and the f.b.i.--The
officer, or in the case of a person placed on probation, the
court, shall, within 3 days after receipt of information
described in paragraph (1), forward it to a designated State
law enforcement agency. The State law enforcement agency shall
immediately enter the information into the appropriate State
law enforcement record system and notify the appropriate law
enforcement agency having jurisdiction where the person expects
to reside. The State law enforcement agency shall also
immediately transmit the conviction data and fingerprints to
the Federal Bureau of Investigation.
(3) Annual verification.--On each anniversary of a person's
initial registration date during the period in which the person
is required to register under this section, the designated
State law enforcement agency shall mail a nonforwardable
verification form to the last reported address of the person.
The person shall mail the verification form to the designated
State law enforcement agency within 10 days after receipt of
the form. The verification form shall be signed by the person,
and state that the person still resides at the address last
reported to the designated State law enforcement agency. If the
person fails to mail the verification form to the designated
State law enforcement agency within 10 days after receipt of
the form, the person shall be in violation of this section
unless the person proves that the person has not changed his or
her residence address.
(4) Notification of local law enforcement agencies of
changes in address.--Any change of address by a person required
to register under this section reported to the designated State
law enforcement agency shall immediately be reported to the
appropriate law enforcement agency having jurisdiction where
the person is residing. The designated law enforcement agency
shall, if the person changes residence to another State, notify
the person of the law enforcement agency with which the person
must register in the new State, if the new State has a
registration requirement.
(5) Privacy of data.--The information collected under a
State registration program shall be treated as private data on
individuals and may be disclosed only to law enforcement
agencies for investigative purposes or to government agencies
conducting confidential background checks with fingerprints on
applicants for child care positions or other positions
involving contact with children.
(c) Registration for Change of Address to Another State.--A person
who has been convicted of an offense which triggered registration in a
State shall register the new address with a designated law enforcement
agency in another State to which the person moves not later than 10
days after such person establishes residence in the new State, if the
new State has a registration requirement.
(d) Registration for 10 Years.--A person required to register under
this section shall continue to comply with this section until 10 years
have elapsed since the person was released from prison, or placed on
parole, supervised release, or probation.
(e) Penalty.--A person required to register under a State program
established pursuant to this section who knowingly fails to so register
and keep such registration current shall be subject to criminal
penalties in any State in which the person has so failed.
(f) Compliance.--
(1) Compliance date.--Each State shall have 3 years from
the date of the enactment of this Act in which to implement
this section.
(2) Ineligibility for funds.--The allocation of funds under
section 506 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3756) received by a State not
complying with the guidelines issued under this section 3 years
after the date of enactment of this Act may be reduced by 10
percent and the unallocated funds shall be reallocated to the
States in compliance with this section.
Passed the House of Representatives November 20, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
By Dallas L. Dendy, Jr.,
Assistant to the Clerk. | Jacob Wetterling Crimes Against Children Registration Act - Directs the Attorney General to establish guidelines for State programs requiring persons convicted of a criminal offense against a minor to register a current address with a designated State law enforcement agency (LEA) for ten years after being released from prison or being placed on parole, supervised release, or probation.
Sets forth requirements for an approved State registration program, including requirements to: (1) inform persons of their duty to register and obtain the information required for such registration; (2) inform such persons of requirements applicable if they change residence to another State; (3) obtain fingerprints and a photograph; and (4) enter information into the State law enforcement record system. Directs the officer (or, in the case of a person placed on probation, the court) to forward required information to the designated State LEA, which shall immediately transmit the conviction data and fingerprints to the Federal Bureau of Investigation.
Provides that the information collected under a State registration program shall be treated as private data on individuals and may be disclosed only to LEAs for investigative purposes or to government agencies conducting confidential background checks with fingerprints on applicants for child care positions or other positions involving contact with children.
Requires a person who has been convicted of an offense which triggered registration in a State to register a new address with a designated LEA in another State to which the person moves within ten days of establishing residence in the new State, if such State has a registration requirement.
Subjects a person required to register under a State program who knowingly fails to register and keep such registration current to criminal penalties in that State.
Specifies that the allocation of Bureau of Justice Assistance grant funds under the Omnibus Crime Control and Safe Streets Act of 1968 received by a State not complying with the provisions of this Act within three years may be reduced by ten percent. Requires such unallocated funds to be reallocated to the States in compliance with this Act. | Jacob Wetterling Crimes Against Children Registration Act |
916 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Melanie Blocker Stokes Mom's
Opportunity to Access Health, Education, Research, and Support for
Postpartum Depression Act'' or the ``Melanie Blocker Stokes MOTHERS
Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``postpartum condition'' means postpartum
depression or postpartum psychosis; and
(2) the term ``Secretary'' means the Secretary of Health
and Human Services.
TITLE I--RESEARCH ON POSTPARTUM CONDITIONS
SEC. 101. EXPANSION AND INTENSIFICATION OF ACTIVITIES.
(a) Continuation of Activities.--The Secretary is encouraged to
continue activities on postpartum conditions.
(b) Programs for Postpartum Conditions.--In carrying out subsection
(a), the Secretary is encouraged to continue research to expand the
understanding of the causes of, and treatments for, postpartum
conditions. Activities under such subsection shall include conducting
and supporting the following:
(1) Basic research concerning the etiology and causes of
the conditions.
(2) Epidemiological studies to address the frequency and
natural history of the conditions and the differences among
racial and ethnic groups with respect to the conditions.
(3) The development of improved screening and diagnostic
techniques.
(4) Clinical research for the development and evaluation of
new treatments.
(5) Information and education programs for health care
professionals and the public, which may include a coordinated
national campaign to increase the awareness and knowledge of
postpartum conditions. Activities under such a national
campaign may--
(A) include public service announcements through
television, radio, and other means; and
(B) focus on--
(i) raising awareness about screening;
(ii) educating new mothers and their
families about postpartum conditions to promote
earlier diagnosis and treatment; and
(iii) ensuring that such education includes
complete information concerning postpartum
conditions, including its symptoms, methods of
coping with the illness, and treatment
resources.
SEC. 102. SENSE OF CONGRESS REGARDING LONGITUDINAL STUDY OF RELATIVE
MENTAL HEALTH CONSEQUENCES FOR WOMEN OF RESOLVING A
PREGNANCY.
(a) Sense of Congress.--It is the sense of Congress that the
Director of the National Institute of Mental Health may conduct a
nationally representative longitudinal study (during the period of
fiscal years 2009 through 2018) of the relative mental health
consequences for women of resolving a pregnancy (intended and
unintended) in various ways, including carrying the pregnancy to term
and parenting the child, carrying the pregnancy to term and placing the
child for adoption, miscarriage, and having an abortion. This study may
assess the incidence, timing, magnitude, and duration of the immediate
and long-term mental health consequences (positive or negative) of
these pregnancy outcomes.
(b) Report.--Beginning not later than 3 years after the date of the
enactment of this Act, and periodically thereafter for the duration of
the study, such Director may prepare and submit to the Congress reports
on the findings of the study.
TITLE II--DELIVERY OF SERVICES REGARDING POSTPARTUM CONDITIONS
SEC. 201. ESTABLISHMENT OF GRANT PROGRAM.
Subpart I of part D of title III of the Public Health Service Act
(42 U.S.C. 254b et seq.) is amended by inserting after section 330G the
following:
``SEC. 330G-1. SERVICES TO INDIVIDUALS WITH A POSTPARTUM CONDITION AND
THEIR FAMILIES.
``(a) In General.--The Secretary may make grants to eligible
entities for projects for the establishment, operation, and
coordination of effective and cost-efficient systems for the delivery
of essential services to individuals with a postpartum condition and
their families.
``(b) Certain Activities.--To the extent practicable and
appropriate, the Secretary shall ensure that projects funded under
subsection (a) provide education and services with respect to the
diagnosis and management of postpartum conditions. The Secretary may
allow such projects to include the following:
``(1) Delivering or enhancing outpatient and home-based
health and support services, including case management and
comprehensive treatment services for individuals with or at
risk for postpartum conditions, and delivering or enhancing
support services for their families.
``(2) Delivering or enhancing inpatient care management
services that ensure the well-being of the mother and family
and the future development of the infant.
``(3) Improving the quality, availability, and organization
of health care and support services (including transportation
services, attendant care, homemaker services, day or respite
care, and providing counseling on financial assistance and
insurance) for individuals with a postpartum condition and
support services for their families.
``(4) Providing education to new mothers and, as
appropriate, their families about postpartum conditions to
promote earlier diagnosis and treatment. Such education may
include--
``(A) providing complete information on postpartum
conditions, symptoms, methods of coping with the
illness, and treatment resources; and
``(B) in the case of a grantee that is a State,
hospital, or birthing facility--
``(i) providing education to new mothers
and fathers, and other family members as
appropriate, concerning postpartum conditions
before new mothers leave the health facility;
and
``(ii) ensuring that training programs
regarding such education are carried out at the
health facility.
``(c) Integration With Other Programs.--To the extent practicable
and appropriate, the Secretary may integrate the grant program under
this section with other grant programs carried out by the Secretary,
including the program under section 330.
``(d) Certain Requirements.--A grant may be made under this section
only if the applicant involved makes the following agreements:
``(1) Not more than 5 percent of the grant will be used for
administration, accounting, reporting, and program oversight
functions.
``(2) The grant will be used to supplement and not supplant
funds from other sources related to the treatment of postpartum
conditions.
``(3) The applicant will abide by any limitations deemed
appropriate by the Secretary on any charges to individuals
receiving services pursuant to the grant. As deemed appropriate
by the Secretary, such limitations on charges may vary based on
the financial circumstances of the individual receiving
services.
``(4) The grant will not be expended to make payment for
services authorized under subsection (a) to the extent that
payment has been made, or can reasonably be expected to be
made, with respect to such services--
``(A) under any State compensation program, under
an insurance policy, or under any Federal or State
health benefits program; or
``(B) by an entity that provides health services on
a prepaid basis.
``(5) The applicant will, at each site at which the
applicant provides services funded under subsection (a), post a
conspicuous notice informing individuals who receive the
services of any Federal policies that apply to the applicant
with respect to the imposition of charges on such individuals.
``(6) For each grant period, the applicant will submit to
the Secretary a report that describes how grant funds were used
during such period.
``(e) Technical Assistance.--The Secretary may provide technical
assistance to entities seeking a grant under this section in order to
assist such entities in complying with the requirements of this
section.
``(f) Definitions.--In this section:
``(1) The term `eligible entity' means a public or
nonprofit private entity, which may include a State or local
government; a public or nonprofit private recipient of a grant
under section 330H (relating to the Healthy Start Initiative),
public-private partnership, hospital, community-based
organization, hospice, ambulatory care facility, community
health center, migrant health center, public housing primary
care center, or homeless health center; or any other
appropriate public or nonprofit private entity.
``(2) The term `postpartum condition' means postpartum
depression or postpartum psychosis.''.
TITLE III--GENERAL PROVISIONS
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
To carry out this Act and the amendment made by section 201, there
are authorized to be appropriated, in addition to such other sums as
may be available for such purpose--
(1) $3,000,000 for fiscal year 2010; and
(2) such sums as may be necessary for fiscal years 2011 and
2012.
SEC. 302. REPORT BY THE SECRETARY.
(a) Study.--The Secretary shall conduct a study on the benefits of
screening for postpartum conditions.
(b) Report.--Not later than 2 years after the date of the enactment
of this Act, the Secretary shall complete the study required by
subsection (a) and submit a report to the Congress on the results of
such study.
SEC. 303. LIMITATION.
Notwithstanding any other provision of this Act or the amendment
made by section 201, the Secretary may not utilize amounts made
available under this Act or such amendment to carry out activities or
programs that are duplicative of activities or programs that are
already being carried out through the Department of Health and Human
Services.
Passed the House of Representatives March 30, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Melanie Blocker Stokes Mom's Opportunity to Access Health, Education, Research, and Support for Postpartum Depression Act or the Melanie Blocker Stokes MOTHERS Act - Title I: Research on Postpartum Conditions - (Sec. 101) Encourages the Secretary of Health and Human Services to continue: (1) activities on postpartum depression; and (2) research to expand the understanding of the causes of, and treatments for, postpartum conditions.
(Sec. 102) Expresses the sense of Congress that the Director of the National Institute of Mental Health may conduct a nationally representative longitudinal study of the relative mental health consequences for women of resolving a pregnancy in various ways, including carrying the pregnancy to term and parenting the child, carrying the pregnancy to term and placing the child for adoption, miscarriage, and having an abortion.
Title II: Delivery of Services Regarding Postpartum Conditions - (Sec. 201) Amends the Public Health Service Act to authorize the Secretary to make grants for projects for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with a postpartum condition and their families. Directs the Secretary to ensure that such projects provide education and services with respect to the diagnosis and management of postpartum conditions. Authorizes such projects to include: (1) delivering or enhancing outpatient home-based health and support services; and (2) providing education to new mothers and their families about postpartum conditions to promote earlier diagnosis and treatment. Sets forth grant requirements. Authorizes the Secretary to provide technical assistance to entities seeking a grant.
Title III: General Provisions - (Sec. 301) Authorizes appropriations for FY2010-FY2012.
(Sec. 302) Directs the Secretary to study and report to Congress on the benefits of screening for postpartum conditions.
(Sec. 303) Prohibits the Secretary from utilizing amounts appropriated under this Act to carry out activities or programs that are duplicative of activities or programs that are already being carried out through the Department of Health and Human Services (HHS). | To provide for research on, and services for individuals with, postpartum depression and psychosis. |
917 | SECTION 1. CHANGE IN COMPOSITION, OPERATION, AND DUTIES OF THE BOARD OF
DIRECTORS OF THE TENNESSEE VALLEY AUTHORITY.
(a) In General.--The Tennessee Valley Authority Act of 1933 (16
U.S.C. 831 et seq.) is amended by striking section 2 and inserting the
following:
``SEC. 2. MEMBERSHIP, OPERATION, AND DUTIES OF THE BOARD OF DIRECTORS.
``(a) Membership.--
``(1) Appointment.--The Board of Directors of the
Corporation (referred to in this Act as the `Board') shall be
composed of 9 members appointed by the President by and with
the advice and consent of the Senate, who shall be legal
residents of the service area.
``(2) Chairman.--The members of the Board shall select 1 of
the members to act as chairman of the Board.
``(b) Qualifications.--
``(1) In general.--To be eligible to be appointed as a
member of the Board, an individual--
``(A) shall be a citizen of the United States;
``(B) shall have widely recognized experience or
applicable expertise in the management of or
decisionmaking for a large corporate structure;
``(C) shall not be an employee of the Corporation;
``(D) shall have no substantial direct financial
interest in--
``(i) any public-utility corporation
engaged in the business of distributing and
selling power to the public; or
``(ii) any business that may be adversely
affected by the success of the Corporation as a
producer of electric power; and
``(E) profess a belief in the feasibility and
wisdom of this Act.
``(2) Party affiliation.--Not more than 5 of the 9 members
of the Board may be affiliated with a single political party.
``(c) Recommendations.--In appointing members of the Board, the
President shall--
``(1) consider recommendations from such public officials
as--
``(A) the Governors of States in the service area;
``(B) individual citizens;
``(C) business, industrial, labor, electric power
distribution, environmental, civic, and service
organizations; and
``(D) the congressional delegations of the States
in the service area; and
``(2) seek qualified members from among persons who reflect
the diversity and needs of the service area of the Corporation.
``(d) Terms.--
``(1) In general.--A member of the Board shall serve a term
of 5 years, except that in first making appointments after the
date of enactment of this paragraph, the President shall
appoint--
``(A) 2 members to a term of 2 years;
``(B) 1 member to a term of 3 years; and
``(C) 2 members to a term of 4 years.
``(2) Vacancies.--A member appointed to fill a vacancy in
the Board occurring before the expiration of the term for which
the predecessor of the member was appointed shall be appointed
for the remainder of that term.
``(3) Reappointment.--
``(A) In general.--A member of the Board that was
appointed for a full term may be reappointed for 1
additional term.
``(B) Appointment to fill vacancy.--For the purpose
of subparagraph (A), a member appointed to serve the
remainder of the term of a vacating member for a period
of more than 2 years shall be considered to have been
appointed for a full term.
``(e) Quorums.--
``(1) In general.--Six members of the Board shall
constitute a quorum for the transaction of business.
``(2) Minimum number of members.--A vacancy in the Board
shall not impair the power of the Board to act, so long as
there are 6 members in office.
``(f) Compensation.--A member of the Board shall be entitled to
receive--
``(1)(A) a stipend of $25,000 per year; plus
``(B) compensation, not to exceed $10,000 for any year, at
a rate that does not exceed the daily equivalent of the annual
rate of basic pay prescribed under level V of the Executive
Schedule under section 5316 of title 5, United States Code, for
each day the member is engaged in the actual performance of
duties as a member of the Board at meetings or hearings; and
``(2) travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed
intermittently in Government service under section 5703 of
title 5, United States Code.
``(g) Duties.--
``(1) In general.--The Board shall--
``(A) establish the broad goals, objectives, and
policies of the Corporation that are appropriate to
carry out this Act;
``(B) develop long-range plans to guide the
Corporation in achieving the goals, objectives, and
policies of the Corporation and provide assistance to
the chief executive officer to achieve those goals,
objectives, and policies, including preparing the
Corporation for fundamental changes in the electric
utilities industry;
``(C) ensure that those goals, objectives, and
policies are achieved;
``(D) approve an annual budget for the Corporation;
``(E) establish a compensation plan for employees
of the Corporation in accordance with subsection (i);
``(F) approve the salaries, benefits, and
incentives for managers and technical personnel that
report directly to the chief executive officer;
``(G) ensure that all activities of the Corporation
are carried out in compliance with applicable law;
``(H) create an audit committee, composed solely of
Board members independent of the management of the
Corporation, which shall--
``(i) recommend to the Board an external
auditor;
``(ii) receive and review reports from the
external auditor; and
``(iii) make such recommendations to the
Board as the audit committee considers
necessary;
``(I) create such other committees of Board members
as the Board considers to be appropriate;
``(J) conduct public hearings on issues that could
have a substantial effect on--
``(i) the electric ratepayers in the
service area; or
``(ii) the economic, environmental, social,
or physical well-being of the people of the
service area; and
``(K) establish the electricity rate schedule.
``(2) Meetings.--The Board shall meet at least 4 times each
year.
``(h) Chief Executive Officer.--
``(1) Appointment.--The Board shall appoint a person to
serve as chief executive officer of the Corporation.
``(2) Qualifications.--To serve as chief executive officer
of the Corporation, a person--
``(A) shall be a citizen of the United States;
``(B) shall have management experience in large,
complex organizations;
``(C) shall not be a current member of the Board or
have served as a member of the Board within 2 years
before being appointed chief executive officer; and
``(D) shall have no substantial direct financial
interest in--
``(i) any public-utility corporation
engaged in the business of distributing and
selling power to the public; or
``(ii) any business that may be adversely
affected by the success of the Corporation as a
producer of electric power; and
``(3) Tenure.--The chief executive officer shall serve at
the pleasure of the Board.
``(i) Compensation Plan.--
``(1) In general.--The Board shall approve a compensation
plan that specifies salaries, benefits, and incentives for the
chief executive officer and employees of the Corporation.
``(2) Annual survey.--The compensation plan shall be based
on an annual survey of the prevailing salaries, benefits, and
incentives for similar work in private industry, including
engineering and electric utility companies, publicly owned
electric utilities, and Federal, State, and local governments.
``(3) Considerations.--The compensation plan shall provide
that education, experience, level of responsibility, geographic
differences, and retention and recruitment needs will be taken
into account in determining salaries of employees.
``(4) Submission to congress.--No salary shall be
established under a compensation plan until after the
compensation plan and the survey on which it is based have been
submitted to Congress and made available to the public for a
period of 30 days.
``(5) Positions at or below level iv.--The chief executive
officer shall determine the salary and benefits of employees
whose annual salary is not greater than the annual rate payable
for positions at level IV of the Executive Schedule under
section 5315 of title 5, United States Code.
``(6) Positions above level iv.--On the recommendation of
the chief executive officer, the Board shall approve the
salaries of employees whose annual salaries would be in excess
of the annual rate payable for positions at level IV of the
Executive Schedule under section 5315 of title 5, United States
Code.''.
(b) Current Board Members.--A member of the board of directors of
the Tennessee Valley Authority who was appointed before the effective
date of the amendment made by subsection (a)--
(A) shall continue to serve as a member until the
date of expiration of the member's current term; and
(B) may not be reappointed.
SEC. 2. CHANGE IN MANNER OF APPOINTMENT OF STAFF.
Section 3 of the Tennessee Valley Authority Act of 1933 (16 U.S.C.
831b) is amended--
(1) by striking the first undesignated paragraph and
inserting the following:
``(a) Appointment by the Chief Executive Officer.--The chief
executive officer shall appoint, with the advice and consent of the
Board, and without regard to the provisions of the civil service laws
applicable to officers and employees of the United States, such
managers, assistant managers, officers, employees, attorneys, and
agents as are necessary for the transaction of the business of the
Corporation.''; and
(2) by striking ``All contracts'' and inserting the
following:
``(b) Wage Rates.--All contracts''.
SEC. 3. CONFORMING AMENDMENTS.
(a) The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et
seq.) is amended--
(1) in the first section, by striking ``board of
directors'' and inserting ``Board of Directors''; and
(2) by striking ``board'' each place it appears and
inserting ``Board''.
(b) Section 9 of the Tennessee Valley Authority Act of 1933 (16
U.S.C. 831h) is amended--
(1) by striking ``The Comptroller General of the United
States shall audit'' and inserting the following:
``(c) Audits.--The Comptroller General of the United States shall
audit''; and
(2) by striking ``The Corporation shall determine'' and
inserting the following:
``(d) Administrative Accounts and Business Documents.--The
Corporation shall determine''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act take effect, and 7 additional
members of the Board of the Tennessee Valley Authority shall be
appointed so as to commence their terms on, May 18, 1999. | Amends the Tennessee Valley Authority Act of 1933 to revise the membership, operation, and duties of the Board of Directors, expanding its size from three to nine members, and requiring such members to be legal residents of the service area. | A bill to amend the Tennessee Valley Authority Act of 1933 to modify provisions relating to the Board of Directors of the Tennessee Valley Authority, and for other purposes. |
918 | SECTION 1. TRANSFER TO A PRIVATE CORPORATION.
(a) In General.--In accordance with the plan prescribed under
section 3, all right, title, and interest of the United States in and
to all property of the Postal Service shall be transferred to a
corporation if, within 1 year after the date of the enactment of this
Act, such corporation satisfies the requirements set forth in section
2.
(b) Specific Requirement.--The plan prescribed under section 3
shall include such provisions as may be necessary to ensure that no
payment shall be required in consideration for any rights or assets of
the Postal Service which are transferred pursuant to this Act.
SEC. 2. REQUIREMENTS FOR THE CORPORATION.
(a) In General.--A corporation shall be considered to satisfy the
requirements of this section if such corporation--
(1) is incorporated under the laws of a State;
(2) is not a department, agency, or establishment of the
United States;
(3) is incorporated by not more than 9 individuals who are
especially qualified to establish and operate an effective mail
system by virtue of their education, training, or experience,
and who are chosen by the employees of the Postal Service in an
election which shall be held at such time and in such manner as
the President shall by regulation prescribe;
(4) includes among its purposes the delivery of postal
services in a manner consistent with section 101(b) of title
39, United States Code, at rates established in a manner
consistent with section 101(d) of such title;
(5) issues securities in a manner consistent with
subsection (b); and
(6) satisfies such other requirements as the President may
by regulation prescribe in order to carry out the purposes of
this Act.
(b) Securities.--Any securities issued by the corporation--
(1) shall, during the 1-year period beginning on the date
of the enactment of this Act, be issued--
(A) only to employees of the Postal Service;
(B) under a system (as developed under section 4)
which provides that securities shall be issued to
individuals based on their years of service and levels
of compensation; and
(C) subject to such terms and conditions, including
terms and conditions relating to the sale, transfer, or
other disposition of such securities following their
issuance by the corporation, as may be necessary to
promote the retention of well-qualified personnel; and
(2) may, after the end of that period, be offered for sale
to members of the general public under such terms and
conditions as the corporation considers appropriate.
(c) Retirement Benefits.--Retirement benefits provided to employees
of the corporation must be comparable to those which would have been
afforded to those individuals as employees of the Postal Service had
this Act not been enacted.
SEC. 3. TRANSFER PLAN; PRESIDENTIAL DETERMINATION; RATE-SETTING
AUTHORITY.
(a) Transfer Plan.--Not later than the sixtieth day after the date
on which a corporation first satisfies the requirements of section 2,
as determined under subsection (b), the President shall, in conformance
with the requirements of section 1, and after consultation with the
commission under section 4, transmit to Congress--
(1) a comprehensive plan providing for the orderly transfer
of all property subject to this Act, including a timetable
under which such transfer is completed not later than 180 days
after the date on which such corporation first satisfies such
requirements; and
(2) such recommendations for legislation as the President
considers necessary in order to carry out the plan described in
paragraph (1), including recommendations--
(A) for the abolishment of the Postal Service;
(B) for the continuation of the private express
statutes with respect to the corporation during the
first 5 years of its existence; and
(C) for the repeal or modification of appropriate
Federal statutes.
(b) Presidential Determination.--The President shall, for purposes
of this section, determine the date on which a corporation first
satisfies the requirements of section 2.
(c) Rate-Setting Authority.--After consulting with the Postal Rate
Commission, the President shall develop and include as part of the
recommendations submitted under subsection (a) proposals relating to
the means by which rates of postage would be established during the 5-
year period referred to in subsection (a)(2)(B). Such recommendations
may include continuing any operations of the Postal Rate Commission
(whether on a modified basis or otherwise) which may be appropriate.
SEC. 4. POSTAL PRIVATIZATION COMMISSION.
(a) Establishment.--In order to carry out the functions set forth
in sections 2(b)(1)(B) and 3(a), there is established a commission to
be known as the ``Postal Privatization Commission''.
(b) Membership.--The Commission shall consist of 12 members, to be
selected by the President, of whom--
(1) 3 shall be selected from among individuals recommended
jointly by the Speaker of the House of Representatives and the
President pro tempore of the Senate;
(2) 3 shall be selected to represent the interests of
employees of the Postal Service;
(3) 3 shall be selected to represent the interests of
postal management; and
(4) 3 shall be selected from such other postal experts as
the President considers appropriate.
(c) Compensation.--
(1) In general.--Except as provided in paragraph (2),
members of the Commission shall be paid at the daily equivalent
of a rate, not to exceed the rate of basic pay payable for
level IV of the Executive Schedule, for each day (including
travel time) during which they are engaged in the performance
of duties of the Commission.
(2) Exception.--Members of the Commission who are full-time
officers or employees of the United States shall receive no
additional pay by reason of their service on the Commission.
(d) Termination.--The Commission shall cease to exist as of the
date on which the work of the Commission has been completed.
SEC. 5. DEFINITIONS.
For purposes of this Act--
(1) the term ``Postal Service'' means the United States
Postal Service and the Postal Rate Commission;
(2) the term ``property'', when used with respect to the
Postal Service, means all assets and rights, and all
liabilities and obligations, of the Postal Service; and
(3) the term ``State'' means each of the several States,
the District of Columbia, and the Commonwealth of Puerto Rico. | Provides for the transfer of the United States Postal Service to a private corporation.
Directs the President to transmit to the Congress: (1) a comprehensive plan providing for the transfer of property subject to this Act; and (2) recommendations for legislation as necessary.
Establishes the Postal Privatization Commission to: (1) carry out functions relating to the issuance of securities to postal employees; and (2) consult with the President on the transfer. | To provide for the privatization of the United States Postal Service. |
919 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Investment in American Jobs
Act of 2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) It remains an urgent national priority to improve
economic growth and create new jobs.
(2) National security requires economic strength and global
engagement.
(3) Businesses today have a wide array of choices when
considering where to invest, expand, or establish new
operations.
(4) Administrations of both parties have consistently
reaffirmed the need to maintain an open investment climate as a
key to domestic economic prosperity and security.
(5) The United States has historically been the largest
worldwide recipient of foreign direct investment but has seen
its share decline in recent years.
(6) The United States faces increasing competition from
other countries as they work to recruit investment from global
companies.
(7) Foreign direct investment can benefit the economy and
workforce of every State and Commonwealth in the United States.
(8) According to the latest Federal statistics, the United
States subsidiaries of companies headquartered abroad
contribute to the United States economy in a variety of
important ways, including by--
(A) providing jobs for nearly 5,600,000 people in
the United States with compensation that is often
higher than the national private-sector average, as
many of these jobs are in high-skilled, high-paying
industries;
(B) strengthening the United States industrial base
and employing nearly 15 percent of the United States
manufacturing sector workforce;
(C) establishing operations in the United States
from which to sell goods and services around the world,
thereby producing nearly 18 percent of United States
exports;
(D) promoting innovation with more than
$41,000,000,000 in annual United States research and
development activities;
(E) paying nearly 14 percent of United States
corporate income taxes; and
(F) purchasing goods and services from local
suppliers and small businesses, worth hundreds of
billions of dollars annually.
(9) These companies account for 5.8 percent of United
States private sector Gross Domestic Product (GDP).
(10) The Department of Commerce and the Department of State
have initiatives in place to increase foreign direct
investment.
(11) President Barack Obama issued a statement in 2011
reaffirming the longstanding open investment policy of the
United States and encouraged all countries to pursue such a
policy.
(12) President Obama signed an Executive order in 2011 to
establish the SelectUSA initiative and expanded its resources
and activities in 2012, aimed at promoting greater levels of
business investment in the United States.
(13) The President's Council on Jobs and Competitiveness in
2011 recommended the establishment of a National Investment
Initiative to attract $1,000,000,000,000 in foreign direct
investment over five years.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the ability of the United States to attract foreign
direct investment is directly linked to the long-term economic
prosperity, global competitiveness, and security of the United
States;
(2) in order to remain the most attractive location for
foreign direct investment, Congress should be mindful of the
potential impact upon the ability of the United States to
attract foreign direct investment when evaluating proposed
legislation;
(3) it is a top national priority to enhance the
competitiveness, prosperity, and security of the United States
by--
(A) removing unnecessary barriers to foreign direct
investment and the jobs that it creates throughout the
United States; and
(B) promoting policies to ensure the United States
remains the premier global destination in which to
invest, hire, innovate, and manufacture their products;
(4) maintaining the United States commitment to open
investment policy encourages other countries to do the same and
enables the United States to open new markets abroad for United
States companies and their products; and
(5) while foreign direct investment can enhance the
economic strength of the United States, policies regarding
foreign direct investment should reflect national security
interests and should not disadvantage domestic investors or
companies.
SEC. 4. FOREIGN DIRECT INVESTMENT REVIEW.
(a) Review.--The Secretary of Commerce, in coordination with the
Federal Interagency Investment Working Group and the heads of other
relevant Federal departments and agencies, shall conduct an interagency
review of the global competitiveness of the United States in attracting
foreign direct investment.
(b) Specific Matters To Be Included.--The review conducted pursuant
to subsection (a) shall include a review of--
(1) the current economic impact of foreign direct
investment in the United States, with particular focus on
manufacturing, research and development, trade, and jobs;
(2) trends in global cross-border investment flows,
including an assessment of the current United States
competitive position as an investment location for companies
headquartered abroad;
(3) Federal Government policies that are closely linked to
the ability of the United States to attract and retain foreign
direct investment;
(4) ongoing Federal Government efforts to improve the
investment climate, reduce investment barriers, and facilitate
greater levels of foreign direct investment in the United
States;
(5) innovative and noteworthy State, regional, and local
government initiatives to attract foreign investment; and
(6) initiatives by other countries in order to identify
best practices for increasing global competitiveness in
attracting foreign direct investment.
(c) Limitation.--The review conducted pursuant to subsection (a)
shall not address laws and policies relating to the Committee on
Foreign Investment in the United States.
(d) Public Comment.--Prior to--
(1) conducting the review under subsection (a), the
Secretary shall publish notice of the review in the Federal
Register and shall provide an opportunity for public comment on
the matters to be covered by the review; and
(2) reporting pursuant to subsection (e), the Secretary
shall publish the proposed findings and recommendations to
Congress in the Federal Register and shall provide an
opportunity for public comment.
(e) Report to Congress.--Not later than one year after the date of
the enactment of this Act, the Secretary of Commerce, in coordination
with the Federal Interagency Investment Working Group and the heads of
other relevant Federal departments and agencies, shall report to
Congress the findings of the review required under subsection (a) and
submit recommendations to make the United States more competitive in
attracting foreign direct investment without undermining fundamental
domestic labor, consumer, or environmental protections. | Global Investment in American Jobs Act of 2013 - Expresses the sense of Congress that: (1) U.S. ability to attract foreign direct investment is directly linked to U.S. long-term economic prosperity, global competitiveness, and security; (2) it should be mindful of the potential impact upon the U.S. ability to attract foreign direct investment when evaluating proposed legislation; (3) it is a top national priority to enhance U.S. competitiveness, prosperity, and security by removing unnecessary barriers to foreign direct investment and the U.S. jobs it creates and promoting policies to ensure the United States remains the premier global destination in which to invest, hire, innovate, and manufacture products; (4) maintaining the U.S. commitment to open investment policy encourages other countries to do the same and enables the United States to open new markets abroad for U.S. companies and their products; and (5) U.S. policies regarding foreign direct investment should reflect national security interests and should not disadvantage domestic investors or companies. Directs the Secretary of Commerce to conduct an interagency review of the U.S. global competitiveness in attracting foreign direct investment and report to Congress recommendations for making the United States more competitive in attracting foreign direct investment without undermining fundamental domestic labor, consumer, or environmental protections. | Global Investment in American Jobs Act of 2013 |
920 | SECTION 1. 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 an annual audit as
specified in subsection (c),
``(C) require such disclosures as are specified in
subsection (d),
``(D) require that such agent ensure the direct
notification of the employer by any Federal employment
tax authority (and State employment tax authority if
such agent contracts to make State employment tax
deposits for the employer) regarding the nonpayment of
such employment taxes, and
``(E) provide penalties for unregistered persons
acting as payroll tax deposit agents with respect to
Federal tax deposits 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 (regardless
if such person has the authority to determine the amount of
such transfer) and does not have the authority to impound such
funds for such purpose.
``(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.
``(c) Annual Audits.--If a payroll tax deposit agent elects to
submit to an annual audit under subsection (b)(1)(B), such audit shall
be performed by an independent third party and shall be based on such
audit principles as the Secretary determines necessary, including the
following:
``(1) The escrow account of the payroll tax deposit agent
in which such agent holds its employers' taxes is balanced each
year to the total of the quarterly reconciliation statements.
``(2) The escrow account funds of the payroll tax deposit
agent are not commingled with such agent's operating funds.
``(3) No evidence that the payroll tax deposit agent used
any of the funds in such agent's escrow account to pay such
agent's own operating costs.
``(4) Receipt evidence that such agent paid the required
employment taxes on behalf of the employers to the proper
government employment tax authority.
``(d) Disclosure.--The Secretary shall require payroll tax deposit
agents to disclose to each potential and existing client prior to or at
the time of contracting for payroll services--
``(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, postal 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) 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 7529(a)(2)),'' after
``Any person''.
(2) 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.
(c) 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.''.
(d) 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 (b) shall
apply to failures occurring after the date of the enactment of
this Act. | Amends the Internal Revenue Code to require the Secretary of the Treasury to establish a registration system for payroll tax deposit agents. Requires such agents to: (1) submit to a bond or annual audit; (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. | A bill to amend the Internal Revenue Code of 1986 to regulate payroll tax deposit agents. |
921 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pro bono Work to Empower and
Represent Act of 2015'' or ``POWER Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Extremely high rates of domestic violence, dating
violence, sexual assault, and stalking exist at the local,
State, and national levels and such violence or behavior harms
the most vulnerable members of our society.
(2) According to a study commissioned by the Department of
Justice, nearly 25 percent of women suffer from domestic
violence during their lifetime.
(3) Proactive efforts should be made available in all
forums to provide pro bono legal services and eliminate the
violence that destroys lives and shatters families.
(4) A variety of factors cause domestic violence, dating
violence, sexual assault, and stalking, and a variety of
solutions at the local, State, and national level are necessary
to combat such violence or behavior.
(5) According to the National Network to End Domestic
Violence, which conducted a census including almost 1,700
assistance programs, over the course of 1 day in September
2014, more than 10,000 requests for services, including legal
representation, were not met.
(6) Pro bono assistance can help fill this need by
providing not only legal representation, but also access to
emergency shelter, transportation, and childcare.
(7) Research and studies have demonstrated that the
provision of legal assistance to victims of domestic violence,
dating violence, sexual assault, and stalking reduces the
probability of such violence or behavior reoccurring in the
future and can help survivors move forward.
(8) Legal representation increases the possibility of
successfully obtaining a protective order against an attacker,
preventing further mental and physical injury to a victim and
his or her family, demonstrated by a study that found that 83
percent of victims represented by an attorney were able to
obtain a protective order compared to 32 percent of victims
without an attorney.
(9) The American Bar Association Model Rules include
commentary that ``every lawyer, regardless of professional
prominence or professional workload, has a responsibility to
provide legal services to those unable to pay, and personal
involvement in the problems of the disadvantaged can be one of
the most rewarding experiences in the life of a lawyer''.
(10) As representatives of the Department of Justice, the
duty of United States Attorneys is to present ``equal and
impartial justice to all its citizens,'' which should include,
especially, survivors of domestic violence, dating violence,
sexual assault, and stalking who might not otherwise know how
to seek advice and protection.
(11) As Federal leaders who have knowledge of domestic
violence, dating violence, sexual assault, and stalking in
their localities, United States Attorneys should encourage
lawyers to provide pro bono resources in an effort to help
victims of such violence or behavior to escape the cycle of
abuse.
(12) A dedicated army of pro bono attorneys focused on this
mission will inspire others to devote efforts to this cause and
will raise awareness of the scourge of domestic violence,
dating violence, sexual assault, and stalking throughout the
country.
(13) Communities, by providing awareness of pro bono legal
services and assistance to survivors of domestic violence,
dating violence, sexual assault, and stalking, will empower
those survivors to move forward with their lives.
SEC. 3. U.S. ATTORNEYS TO PROMOTE EMPOWERMENT EVENTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and not less often than once each year thereafter, each
United States Attorney, or his or her designee, for each judicial
district shall lead not less than 1 public event, in partnership with a
State, local, tribal, or territorial domestic violence service provider
or coalition and a State or local volunteer lawyer project, promoting
pro bono legal services as a critical way in which to empower survivors
of domestic violence, dating violence, sexual assault, and stalking and
engage citizens in assisting those survivors.
(b) Districts Containing Indian Tribes and Tribal Organizations.--
During each 3-year period, a United States Attorney, or his or her
designee, for a judicial district that contains an Indian tribe or
tribal organization (as those terms are defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
450b)) shall lead not less than 1 public event promoting pro bono legal
services under subsection (a) in partnership with an Indian tribe or
tribal organization with the intent of increasing the provision of pro
bono legal services for Indian or Alaska Native victims of domestic
violence, dating violence, sexual assault, and stalking.
(c) Requirements.--Each United States Attorney shall--
(1) have discretion on the design, organization, and
implementation of the public events required under subsection
(a); and
(2) in conducting a public event under subsection (a), seek
to maximize the local impact of the event and the provision of
access to high-quality pro bono legal services by survivors of
domestic violence, dating violence, sexual assault, and
stalking.
SEC. 4. REPORTING REQUIREMENTS.
(a) Report to the Attorney General.--Not later than October 30 of
each year, each United States Attorney shall submit to the Attorney
General a report detailing each public event conducted under section 3
during the previous fiscal year.
(b) Report to Congress.--
(1) In general.--Not later than January 1 of each year, the
Attorney General shall submit to Congress a compilation and
summary of each report received under subsection (a) for the
previous fiscal year.
(2) Requirement.--Each comprehensive report submitted under
paragraph (1) shall include an analysis of how each public
event meets the goals set forth in this Act, as well as
suggestions on how to improve future public events.
SEC. 5. FUNDING.
The Department of Justice shall use existing funds to carry out the
requirements of this Act.
Passed the Senate November 10, 2015.
Attest:
JULIE E. ADAMS,
Secretary. | . Pro bono Work to Empower and Represent Act of 2015 or the POWER Act (Sec. 3) This bill requires the U.S. Attorney for a judicial district to lead at least one public event that promotes pro bono legal services as a critical way to: (1) empower survivors of domestic violence, dating violence, sexual assault, and stalking; and (2) engage citizens in assisting those survivors. A special but similar rule applies to districts containing Indian tribes and tribal organizations. Each U.S. Attorney shall: (1) have discretion on the design, organization, and implementation of such public events; and (2) seek to maximize an event's local impact and the access of such survivors to high-quality pro bono legal services. (Sec. 5) The Department of Justice shall use existing funds to carry out this Act. | POWER Act |
922 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``FDA Scientific Fairness for Women
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) With respect to the Office of Women's Health within the
Food and Drug Administration:
(A) When first established, the Office reported
directly to the Commissioner of Food and Drugs.
(B) In the current organization of the Food and
Drug Administration (``FDA''), the Office of Women's
Health is located at the second level reporting within
the Office of the Commissioner and is within the Office
of Science and Health Coordination.
(2) With respect to the regulation by the FDA of silicone
breast implants:
(A) In a draft guidance issued in January 2004, the
FDA asked manufacturers of such implants--
(i) to describe the rates of implant
rupture over the lifetime of the product;
(ii) to describe the incidence of gel
migration resulting from ruptures; and
(iii) to characterize the health
consequences of ruptures and associated
migration.
(B) The manufacturers of silicone breast implants
have not complied with that draft guidance for the
specific implants in their premarket-approval
applications.
(C) A study released by FDA researchers in 2000
reviewed silicone breast implants that were an average
age of 17 years and concluded that 69 percent of the
women had ruptures in one or more silicone breast
implants, and 21 percent experienced gel migration
outside the implant. Implant manufacturers have not
established whether the implants in their premarket-
approval applications would have similar or different
failure rates and leakage after 17 years.
(D) In April 2005, a study published in the
American Journal of Surgical Pathology focusing on gel
migration found that 90 percent of the women studied
who had silicone implants showed silicone droplets in
their lymph nodes. The study also showed that 95
percent of these women had abnormal cells in their
lymph nodes, compared with only 33 percent of women who
had breast cancer surgery without the addition of
silicone implants.
(E) In 2003, the U.S. government entered into a
settlement with breast implant manufacturers for
reimbursement for medical expenses paid by the Federal
Government for women harmed by silicone gel breast
implants.
(F) FDA's Office of Criminal Investigations
(``OCI'') has investigated whether one manufacturer of
breast implants submitted inaccurate data on ruptures
in its application. The FDA OCI also is investigating
allegations regarding whether that same manufacturer
failed to ensure that their implants were used in
compliance with FDA restrictions for the Adjunct Study.
(3) With respect to the applications submitted to the FDA
by Barr Laboratories for approval of the contraceptive drug
marketed as Plan B:
(A) The FDA rejected the first Plan B application
in May 2004 because of concerns that easier access to
Plan B might result in increased promiscuity among
women under 16, despite studies disproving this
contention.
(B) The FDA said it would not approve the Plan B
application unless it included an age-based sales
distinction. In response, Barr Laboratories submitted a
new application to provide over-the-counter sales of
plan B to women 16 years and older. More than one-year
later, FDA expressed concern that the age-based sales
distinction would present regulatory concerns, even
though the amended application was the result of FDA's
recommendations.
(C) According to court documents released on August
3, 2006, the director of FDA's Office of New Drugs
learned early in 2004 that the then-FDA Commissioner
had decided against approval of Plan B before FDA staff
could complete their analysis.
(D) In another sworn deposition contained in the
same court documents, one FDA official was told in
January 2004 by the FDA Deputy Commissioner that Plan B
needed to be rejected to ``appease the administration's
constituents''.
(E) In a letter and congressional testimony on
August 1, the FDA Commissioner recommended that the
appropriate age range for over-the-counter Plan B is 18
and older. This recommendation was established
arbitrarily and acknowledged by FDA as not supported by
scientific data.
(F) A former FDA Commissioner testified in a sworn
statement that he delayed approving over-the-counter
sales of Plan B to determine how to restrict sales to
young teens.
(G) A study in the Journal of Obstetrics &
Gynecology concluded that young women are able to use
Plan B ``effectively and safely without health care
provider intervention''.
(H) In November 2005, the Governmental
Accountability Office found that the May 2004 decision
to deny OTC status to Plan B emergency contraception
``was unusual'' in that the decision was made at a much
higher level within FDA than is usual practice, that
the decision overruled recommendations by several
levels of professional staff, and that the decision to
limit OTC access to only those over a certain age was
made prior to the completion of the regular review
process.
SEC. 3. OFFICE OF WOMEN'S HEALTH WITHIN FOOD AND DRUG ADMINISTRATION.
Section 903 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
392) is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively;
(2) in subsection (g) (as so redesignated), in paragraph
(1), by striking ``subsection (f)'' and inserting ``subsection
(g)''; and
(3) by inserting after subsection (e) the following
subsection:
``(f) Office of Women's Health.--
``(1) In general.--There is established within the Office
of the Commissioner an office to be known as the Office of
Women's Health (referred to in this subsection as the
`Office'). The Office shall be headed by a director, who shall
report directly to the Commissioner.
``(2) Duties.--With respect to activities of the Food and
Drug Administration that relate to women's health, the Director
of the Office shall--
``(A) assess the level of agency activity;
``(B) set short-range and long-range goals; and
``(C) be responsible for activities related to
prevention, research, education and training, service
delivery, and policy development.''.
SEC. 4. SCIENCE ON BREAST IMPLANTS.
Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.) is amended by inserting after section 515
the following section:
``SEC. 515A. BREAST IMPLANTS.
``(a) Demonstration of Safety for Life of the Device.--In the case
of an application under section 515 for a breast implant, the Secretary
shall not find that a reasonable assurance of safety has been shown
under section 515(d)(2) unless the applicant involved has established
the lifetime of the implant, and demonstrates, prior to approval of the
application, that safety has been demonstrated for the life of the
implant.
``(b) Certain Product Requirements.--In approving an application
under section 515 for a breast implant, the Secretary shall determine
appropriate clinical care and removal and replacement requirements for
the implant, including appropriate coverage by government health care
systems. In addition, the life of the implant and follow-up care and
removal requirements of the implant shall be clearly defined in all
materials, including labeling, patient information, and marketing
materials.
``(c) Report to Congress Regarding Approval.--Not later than 30
days after approving an application under section 515 regarding a
breast implant, the Secretary shall submit to the Congress a report
that summarizes the findings of the Secretary with respect to the
safety and effectiveness of the implant, including the finding under
subsection (a).
``(d) Breast Implant Advisory Committees.--With respect to
membership on any advisory committee of the Food and Drug
Administration (including any subcommittee or panel thereof) that
considers issues concerning breast implants, the following applies:
``(1) The Secretary may not grant any exemptions for
conflicts related to personal financial interests.
``(2) Before adding a member to the committee, the
Secretary shall post a notice on the Internet site of such
Administration that the individual involved will become a
member of the committee. The notice shall include a summary of
the professional and educational background of the individual.
``(3) The individual may not serve at any meeting of the
committee until 30 days after the notice is posted on such
site.
``(e) Study on the Ionization of Platinum.--The Secretary shall
provide for a study on the ionization and levels of platinum in
silicone breast implants, analyzing the platinum found in silicone gel
breast implants in vivo as well as levels and ionization found in the
women's tissues, breast milk, and other bodily fluids. The study shall
also report the potential short-term and long-term risks of the
presence of platinum or platinum salts. The Secretary shall establish a
panel of independent scientists, including scientists from the Centers
for Disease Control and Prevention and the National Institutes of
Health, for the purpose of designing and conducting the study.
``(f) Definition.--For purposes of this section, the term `breast
implant' means a device intended to be implanted to augment or
reconstruct the female breast that contains a filler material comprised
of a substance or substances other than sterile isotonic saline.''.
SEC. 5. SCIENTIFIC WORKSHOP ON USE OF EMERGENCY CONTRACEPTION BY WOMEN
UNDER AGE 18.
The Secretary of Health and Human Services, acting through the
Commissioner of Food and Drugs, shall convene a scientific workshop
within six months after the date of the enactment of this Act to review
and evaluate current scientific data on the use of emergency
contraception by females of childbearing potential under the age of 18.
The scientific workshop shall--
(1) address the scientific questions identified in the
recent limited approval of Plan B emergency contraception; and
(2) include among the participants in the workshop--
(A) scientific and clinical representatives from
the American Academy of Pediatrics, the American
College of Obstetricians and Gynecologists, the Society
of Adolescent Medicine, the American Medical
Association, the National Institutes of Health, and the
Agency for Healthcare Research and Quality;
(B) scientific and clinical researchers who have
carried out research on use of contraceptives,
including emergency contraceptives, by women under the
age of 18; and
(C) the appropriate review divisions of the Food
and Drug Administration and the professional scientific
and clinical staff within such divisions. | FDA Scientific Fairness for Women Act - Amends the Federal Food, Drug, and Cosmetic Act to establish the Office of Women's Health within the Office of the Commissioner of the Food and Drug Administration (FDA).
Prohibits the Secretary of Health and Human Services from finding that a reasonable assurance of safety has been shown for an application for premarket approval for a class III device for a breast implant unless the applicant involved has established the lifetime of the implant and demonstrates that safety has been demonstrated for the life of the implant. Requires the Secretary to determine appropriate clinical care and removal and replacement requirements for the implant, including appropriate coverage by government health care systems.
Sets forth provisions governing any FDA advisory committee that considers issues concerning breast implants, including that the Secretary may not grant any exemption for conflicts related to personal financial interests.
Requires the Secretary to: (1) provide for a study on the ionization and levels of platinum in silicone breast implants; and (2) establish a panel of independent scientists for the purpose of designing and conducting the study.
Requires the Secretary, acting through the Commissioner of Food and Drugs, to convene a scientific workshop to review and evaluate current scientific data on the use of emergency contraception by females of childbearing potential under the age of 18, including scientific questions identified in the recent limited approval of Plan B emergency contraception. | To amend the Federal Food, Drug, and Cosmetic Act with respect to the Office of Women's Health and the regulation of breast implants, and to provide for a scientific workshop on the use of emergency contraception by women under age 18. |
923 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Energy Innovation
Capabilities Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advanced fission reactor.--The term ``advanced fission
reactor'' means a nuclear fission reactor with significant
improvements over the most recent generation of nuclear
reactors, including improvements such as--
(A) inherent safety features;
(B) lower waste yields;
(C) greater fuel utilization;
(D) superior reliability;
(E) resistance to proliferation;
(F) increased thermal efficiency; and
(G) ability to integrate into electric and
nonelectric applications.
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Fast neutron.--The term ``fast neutron'' means a
neutron with kinetic energy above 100 kiloelectron volts.
(4) National laboratory.--
(A) In general.--Except as provided in subparagraph
(B), the term ``National Laboratory'' has the meaning
given the term in section 2 of the Energy Policy Act of
2005 (42 U.S.C. 15801).
(B) Limitation.--With respect to the Lawrence
Livermore National Laboratory, the Los Alamos National
Laboratory, and the Sandia National Laboratories, the
term ``National Laboratory'' means only the civilian
activities of the laboratory.
(5) Neutron flux.--The term ``neutron flux'' means the
intensity of neutron radiation measured as a rate of flow of
neutrons applied over an area.
(6) Neutron source.--The term ``neutron source'' means a
research machine that provides neutron irradiation services
for--
(A) research on materials sciences and nuclear
physics; and
(B) testing of advanced materials, nuclear fuels,
and other related components for reactor systems.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. MISSION.
Section 951 of the Energy Policy Act of 2005 (42 U.S.C. 16271) is
amended by striking subsection (a) and inserting the following:
``(a) In General.--The Secretary shall conduct programs of civilian
nuclear research, development, demonstration, and commercial
application, including activities described in this subtitle, that take
into consideration the following objectives:
``(1) Providing research infrastructure--
``(A) to promote scientific progress; and
``(B) to enable users from academia, the National
Laboratories, and the private sector to make scientific
discoveries relevant for nuclear, chemical, and
materials science engineering.
``(2) Maintaining nuclear energy research and development
programs at the National Laboratories and institutions of
higher education, including programs of infrastructure of
National Laboratories and institutions of higher education.
``(3) Providing the technical means to reduce the
likelihood of nuclear weapons proliferation.
``(4) Ensuring public safety.
``(5) Reducing the environmental impact of nuclear energy-
related activities.
``(6) Supporting technology transfer from the National
Laboratories to the private sector.
``(7) Enabling the private sector to partner with the
National Laboratories to demonstrate novel reactor concepts for
the purpose of resolving technical uncertainty associated with
the objectives described in this subsection.''.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) nuclear energy, through fission or fusion, represents
the highest energy density of any known attainable source and
yields low air emissions;
(2) nuclear energy is of national importance to scientific
progress, national security, electricity generation, heat
generation for industrial applications, and space exploration;
and
(3) considering the inherent complexity and regulatory
burden associated with nuclear energy, the Department should
focus civilian nuclear research and development activities of
the Department on programs that enable the private sector,
National Laboratories, and institutions of higher education to
carry out experiments to promote scientific progress and
enhance practical knowledge of nuclear engineering.
SEC. 5. HIGH-PERFORMANCE COMPUTATION AND SUPPORTIVE RESEARCH.
(a) Modeling and Simulation Program.--
(1) In general.--The Secretary shall carry out a program to
enhance the capabilities of the United States to develop new
reactor technologies and related systems technologies through
high-performance computation modeling and simulation techniques
(referred to in this subsection as the ``program'').
(2) Coordination required.--In carrying out the program,
the Secretary shall coordinate with relevant Federal agencies
through the National Strategic Computing Initiative established
by Executive Order 13702 (80 Fed. Reg. 46177) (July 29, 2015).
(3) Objectives.--In carrying out the program, the Secretary
shall take into consideration the following objectives:
(A) Using expertise from the private sector,
institutions of higher education, and National
Laboratories to develop computational software and
capabilities that prospective users may access to
accelerate research and development of advanced fission
reactor systems, nuclear fusion systems, and reactor
systems for space exploration.
(B) Developing computational tools to simulate and
predict nuclear phenomena that may be validated through
physical experimentation.
(C) Increasing the utility of the research
infrastructure of the Department by coordinating with
the Advanced Scientific Computing Research program of
the Office of Science.
(D) Leveraging experience from the Energy
Innovation Hub for Modeling and Simulation.
(E) Ensuring that new experimental and
computational tools are accessible to relevant research
communities, including private companies engaged in
nuclear energy technology development.
(b) Supportive Research Activities.--The Secretary shall consider
support for additional research activities to maximize the utility of
the research facilities of the Department, including research--
(1) on physical processes to simulate degradation of
materials and behavior of fuel forms; and
(2) for validation of computational tools.
SEC. 6. VERSATILE NEUTRON SOURCE.
(a) Determination of Mission Need.--
(1) In general.--Not later than December 31, 2016, the
Secretary shall determine the mission need for a versatile
reactor-based fast neutron source, which shall operate as a
national user facility (referred to in this section as the
``user facility'').
(2) Consultation required.--In carrying out paragraph (1),
the Secretary shall consult with the private sector,
institutions of higher education, the National Laboratories,
and relevant Federal agencies to ensure that the user facility
will meet the research needs of the largest possible majority
of prospective users.
(b) Plan for Establishment.--On the determination of the mission
need under subsection (a), the Secretary, as expeditiously as
practicable, shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Science, Space, and
Technology of the House of Representatives a detailed plan for the
establishment of the user facility (referred to in this section as the
``plan'').
(c) Deadline for Establishment.--The Secretary shall make every
effort to complete construction of, and approve the start of operations
for, the user facility by December 31, 2025.
(d) Facility Requirements.--
(1) Capabilities.--The Secretary shall ensure that the user
facility shall provide, at a minimum--
(A) fast neutron spectrum irradiation capability;
and
(B) capacity for upgrades to accommodate new or
expanded research needs.
(2) Considerations.--In carrying out the plan, the
Secretary shall consider--
(A) capabilities that support experimental high-
temperature testing;
(B) providing a source of fast neutrons--
(i) at a neutron flux that is higher than
the neutron flux at which research facilities
operate before establishment of the user
facility; and
(ii) sufficient to enable research for an
optimal base of prospective users;
(C) maximizing irradiation flexibility and
irradiation volume to accommodate as many concurrent
users as possible;
(D) capabilities for irradiation with neutrons of a
lower energy spectrum;
(E) multiple loops for fuels and materials testing
in different coolants; and
(F) additional pre-irradiation and post-irradiation
examination capabilities.
(e) Coordination.--In carrying out this section, the Secretary
shall leverage the best practices of the Office of Science for the
management, construction, and operation of national user facilities.
(f) Report.--The Secretary shall include in the annual budget
request of the Department an explanation for any delay in carrying out
this section.
SEC. 7. ENABLING NUCLEAR ENERGY INNOVATION.
(a) Establishment of National Nuclear Innovation Center.--The
Secretary may enter into a memorandum of understanding with the
Chairman of the Nuclear Regulatory Commission to establish a center to
be known as the ``National Nuclear Innovation Center'' (referred to in
this section as the ``Center'')--
(1) to enable the testing and demonstration of reactor
concepts to be proposed and funded, in whole or in part, by the
private sector;
(2) to establish and operate a database to store and share
data and knowledge on nuclear science between Federal agencies
and private industry; and
(3) to establish capabilities to develop and test reactor
electric and nonelectric integration and energy conversion
systems.
(b) Role of NRC.--In operating the Center, the Secretary shall--
(1) consult with the Nuclear Regulatory Commission on
safety issues; and
(2) permit staff of the Nuclear Regulatory Commission to
actively observe and learn about the technology being developed
at the Center.
(c) Objectives.--A reactor developed under subsection (a)(1) shall
have the following objectives:
(1) Enabling physical validation of fusion and advanced
fission experimental reactors at the National Laboratories or
other facilities of the Department.
(2) Resolving technical uncertainty and increase practical
knowledge relevant to safety, resilience, security, and
functionality of novel reactor concepts.
(3) Conducting general research and development to improve
novel reactor technologies.
(d) Use of Technical Expertise.--In operating the Center, the
Secretary shall leverage the technical expertise of relevant Federal
agencies and National Laboratories--
(1) to minimize the time required to carry out subsection
(c); and
(2) to ensure reasonable safety for individuals working at
the National Laboratories or other facilities of the Department
to carry out that subsection.
(e) Reporting Requirement.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with the
National Laboratories, relevant Federal agencies, and other
stakeholders, shall submit to the Committee on Energy and
Natural Resources and the Committee on Environment and Public
Works of the Senate and the Committee on Science, Space, and
Technology and the Committee on Energy and Commerce of the
House of Representatives a report assessing the capabilities of
the Department to authorize, host, and oversee privately
proposed and funded reactors (as described in subsection
(a)(1)).
(2) Contents.--The report shall address--
(A) the safety review and oversight capabilities of
the Department, including options to leverage expertise
from the Nuclear Regulatory Commission and the National
Laboratories;
(B) potential sites capable of hosting the
activities described in subsection (a);
(C) the efficacy of the available contractual
mechanisms of the Department to partner with the
private sector and other Federal agencies, including
cooperative research and development agreements,
strategic partnership projects, and agreements for
commercializing technology;
(D) how the Federal Government and the private
sector will address potential intellectual property
concerns;
(E) potential cost structures relating to physical
security, decommissioning, liability, and other long-
term project costs; and
(F) other challenges or considerations identified
by the Secretary.
SEC. 8. BUDGET PLAN.
(a) In General.--Not later than 1 year 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 Science, Space,
and Technology of the House of Representatives 3 alternative 10-year
budget plans for civilian nuclear energy research and development by
the Department in accordance with subsection (b).
(b) Description of Plans.--
(1) In general.--The 3 alternative 10-year budget plans
submitted under subsection (a) shall be the following:
(A) A plan that assumes constant annual funding at
the level of appropriations for fiscal year 2016 for
the civilian nuclear energy research and development of
the Department, particularly for programs critical to
advanced nuclear projects and development.
(B) A plan that assumes 2 percent annual increases
to the level of appropriations described in
subparagraph (A).
(C) A plan that uses an unconstrained budget.
(2) Inclusions.--Each plan shall include--
(A) a prioritized list of the programs, projects,
and activities of the Department that best support the
development, licensing, and deployment of advanced
nuclear energy technologies;
(B) realistic budget requirements for the
Department to carry out sections 5, 6, and 7; and
(C) the justification of the Department for
continuing or terminating existing civilian nuclear
energy research and development programs.
SEC. 9. NUCLEAR REGULATORY COMMISSION REPORT.
Not later than December 31, 2016, the Chairman of the Nuclear
Regulatory Commission shall submit to the Committee on Energy and
Natural Resources and the Committee on Environment and Public Works of
the Senate and the Committee on Science, Space, and Technology and the
Committee on Energy and Commerce of the House of Representatives a
report describing--
(1) the extent to which the Nuclear Regulatory Commission
is capable of licensing advanced reactor designs that are
developed pursuant to this Act by the end of the 4-year period
beginning on the date on which an application is received under
part 50 or 52 of title 10, Code of Federal Regulations (or
successor regulations); and
(2) any organizational or institutional barriers the
Nuclear Regulatory Commission will need to overcome to be able
to license the advanced reactor designs that are developed
pursuant to this Act by the end of the 4-year period described
in paragraph (1). | Nuclear Energy Innovation Capabilities Act This bill amends the Energy Policy Act of 2005 to revise the objectives for the civilian nuclear energy research and development programs of the Department of Energy (DOE). DOE shall carry out a specified program to enhance U.S. capabilities to develop new reactor technologies and related systems technologies through high-performance computation modeling and simulation techniques. DOE shall: (1) determine the mission need for a versatile reactor-based fast neutron source, which shall operate as a national user facility; and (2) submit a plan to Congress for establishment of such a facility. DOE may enter into a memorandum of understanding with the Nuclear Regulatory Commission (NRC) to establish a National Nuclear Innovation Center that: enables the testing and demonstration of reactor concepts to be proposed and funded by the private sector, establishes and operates a database to store and share data and knowledge on nuclear science between federal agencies and private industry, and establishes capabilities to develop and test reactor electric and nonelectric integration and energy conversion systems. DOE shall submit to Congress three alternative 10-year budget plans for civilian nuclear energy research and development. The NRC shall report to Congress on: the extent to which it is capable of licensing advanced reactor designs developed under this bill by the end of a specified four-year period, and any organizational or institutional barriers it will need to overcome to be able to license such designs. | Nuclear Energy Innovation Capabilities Act |
924 | SECTION 1. FINDINGS.
Congress finds that:
(1) Adak Island is an isolated island located 1,200 miles
southwest of Anchorage, Alaska, between the Pacific Ocean and
the Bering Sea. The Island, with its unique physical and
biological features, including a deep water harbor and abundant
marine-associated wildlife, was recognized early for both its
natural and military values. In 1913, Adak Island was reserved
and set aside as a Preserve because of its value to seabirds,
marine mammals, and fisheries. Withdrawals of portions of Adak
Island for various military purposes date back to 1901 and
culminated in the 1959 withdrawal of approximately half of the
Island for use by the Department of the Navy for military
purposes.
(2) By 1990, military development on Adak Island supported
a community of 6,000 residents. Outside of the Adak Naval
Complex, there is no independent community on Adak Island.
(3) As a result of the Defense Base Closure and Realignment
Act of 1990 (104 Stat. 1808), as amended, the Adak Naval
Complex has been closed by the Department of Defense.
(4) The Aleut Corporation is an Alaskan Native Regional
Corporation incorporated in the State of Alaska pursuant to the
Alaska Native Claims Settlement Act (ANCSA), as amended (43
U.S.C. 1601, et seq.). The Aleut Corporation represents the
indigenous people of the Aleutian Islands who prior to the
Russian exploration and settlement of the Aleutian Islands were
found throughout the Aleutian Islands which includes Adak
Island.
(5) None of Adak Island was available for selection by The
Aleut Corporation under section 14(h)(8) of ANCSA (43 U.S.C.
1613(h)(8)) because it was part of a National Wildlife Refuge
and because the portion comprising the Adak Naval Complex was
withdrawn for use by the United States Navy for military
purposes prior to the passage of ANCSA in December 1971.
(6) The Aleut Corporation is interested in establishing a
community on Adak and has offered to exchange ANCSA land
selections for conveyance of certain lands and interests
therein on a portion of Adak formerly occupied by the Navy.
(7) Removal of a portion of Adak Island land from refuge
status will be offset by the acquisition of high quality
wildlife habitat in other Aleut Corporation selections within
the Alaska Maritime National Wildlife Refuge, maintaining a
resident human population on Adak to control caribou, and
making possible a continued U.S. Fish and Wildlife Service
presence in that remote location to protect the natural
resources of the Aleutian Islands Unit of the Alaska Maritime
National Wildlife Refuge.
(8) It is in the public interest to promote reuse of the
Adak Island lands by exchanging certain lands for lands
selected by The Aleut Corporation elsewhere in the Alaska
Maritime National Wildlife Refuge. Experience with
environmental problems associated with formerly used defense
sites in the State of Alaska suggests that the most effective
and efficient way to avoid future environmental problems on
Adak is to support and encourage active reuse of Adak.
SEC. 2. RATIFICATION OF AGREEMENT.
The document entitled the ``Agreement Concerning Transfer of Lands
at Adak Naval Complex'' (hereinafter ``the Agreement''), and dated
__________, executed by The Aleut Corporation, the Department of the
Interior and the Department of the Navy, is hereby ratified, confirmed,
and approved and the terms, conditions, procedures, covenants,
reservations, and other provisions set forth in the Agreement are
declared to be obligations and commitments of the United States as a
matter of Federal law.
SEC. 3. REMOVAL OF LANDS FROM REFUGE.
Effective on the date of conveyance to The Aleut Corporation of the
Adak Exchange Lands as described in the Agreement, all such lands shall
be removed from the National Wildlife Refuge System and shall neither
be considered as part of the Alaska Maritime National Wildlife Refuge
nor subject to any laws pertaining to lands within the boundaries of
the Alaska Maritime National Wildlife Refuge. The conveyance
restrictions imposed by section 22(g) of the ANCSA, 43 U.S.C. 1621(g),
on said lands shall then be ineffective and cease to apply. The
Secretary shall adjust the boundaries of the Refuge so as to exclude
all interests in lands and land rights, surface and substance, received
by The Aleut Corporation in accordance with this Act and the Agreement.
SEC. 4. ALASKA NATIVE CLAIMS SETTLEMENT ACT.
Lands and interests therein exchanged and conveyed by the United
States pursuant to this act shall be considered and treated as
conveyances of lands or interests therein under the Alaska Native
Claims Settlement Act, except that receipt of such lands and interests
therein shall not constitute a sale or disposition of land or interests
received pursuant to such Act. | Ratifies the "Agreement Concerning Transfer of Lands at Adak Naval Complex" executed by the Aleut Corporation, the Department of the Interior, and the Department of the Navy. Removes such lands from the National Wildlife Refuge System. | A bill to ratify an agreement between the Aleut Corporation and the United States of America to exchange land rights received under the Alaska Native Claims Settlement Act for certain land interests on Adak Island, and for other purposes. |
925 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aviation Medical Assistance Act of
1998''.
SEC. 2. MEDICAL KIT EQUIPMENT AND TRAINING.
Not later than 1 year after the date of the enactment of this Act,
the Administrator of the Federal Aviation Administration shall
reevaluate regulations regarding: (1) the equipment required to be
carried in medical kits of aircraft operated by air carriers; and (2)
the training required of flight attendants in the use of such
equipment, and, if the Administrator determines that such regulations
should be modified as a result of such reevaluation, shall issue a
notice of proposed rulemaking to modify such regulations.
SEC. 3. REPORTS REGARDING DEATHS ON AIRCRAFT.
(a) In General.--During the 1-year period beginning on the 90th day
following the date of the enactment of this Act, a major air carrier
shall make a good faith effort to obtain, and shall submit quarterly
reports to the Administrator of the Federal Aviation Administration on,
the following:
(1) The number of persons who died on aircraft of the air
carrier, including any person who was declared dead after being
removed from such an aircraft as a result of a medical incident
that occurred on such aircraft.
(2) The age of each such person.
(3) Any information concerning cause of death that is available
at the time such person died on the aircraft or is removed from the
aircraft or that subsequently becomes known to the air carrier.
(4) Whether or not the aircraft was diverted as a result of the
death or incident.
(5) Such other information as the Administrator may request as
necessary to aid in a decision as to whether or not to require
automatic external defibrillators in airports or on aircraft
operated by air carriers, or both.
(b) Format.--The Administrator may specify a format for reports to
be submitted under this section.
SEC. 4. DECISION ON AUTOMATIC EXTERNAL DEFIBRILLATORS.
(a) In General.--Not later than 120 days after the last day of the
1-year period described in section 3, the Administrator of the Federal
Aviation Administration shall make a decision on whether or not to
require automatic external defibrillators on passenger aircraft
operated by air carriers and whether or not to require automatic
external defibrillators at airports.
(b) Form of Decision.--A decision under this section shall be in
the form of a notice of proposed rulemaking requiring automatic
external defibrillators in airports or on passenger aircraft operated
by air carriers, or both, or a recommendation to Congress for
legislation requiring such defibrillators or a notice in the Federal
Register that such defibrillators should not be required in airports or
on such aircraft. If a decision under this section is in the form of a
notice of proposed rulemaking, the Administrator shall make a final
decision not later than the 120th day following the date on which
comments are due on the notice of proposed rulemaking.
(c) Contents.--If the Administrator decides that automatic external
defibrillators should be required--
(1) on passenger aircraft operated by air carriers, the
proposed rulemaking or recommendation shall include--
(A) the size of the aircraft on which such defibrillators
should be required;
(B) the class flights (whether interstate, overseas, or
foreign air transportation or any combination thereof) on which
such defibrillators should be required;
(C) the training that should be required for air carrier
personnel in the use of such defibrillators; and
(D) the associated equipment and medication that should be
required to be carried in the aircraft medical kit; and
(2) at airports, the proposed rulemaking or recommendation
shall include--
(A) the size of the airport at which such defibrillators
should be required;
(B) the training that should be required for airport
personnel in the use of such defibrillators; and
(C) the associated equipment and medication that should be
required at the airport.
(d) Limitation.--The Administrator may not require automatic
external defibrillators on helicopters and on aircraft with a maximum
payload capacity (as defined in section 119.3 of title 14, Code of
Federal Regulations) of 7,500 pounds or less.
(e) Special Rule.--If the Administrator decides that automatic
external defibrillators should be required at airports, the proposed
rulemaking or recommendation shall provide that the airports are
responsible for providing the defibrillators.
SEC. 5. LIMITATIONS ON LIABILITY.
(a) Liability of Air Carriers.--An air carrier shall not be liable
for damages in any action brought in a Federal or State court arising
out of the performance of the air carrier in obtaining or attempting to
obtain the assistance of a passenger in an in-flight medical emergency,
or out of the acts or omissions of the passenger rendering the
assistance, if the passenger is not an employee or agent of the carrier
and the carrier in good faith believes that the passenger is a
medically qualified individual.
(b) Liability of Individuals.--An individual shall not be liable
for damages in any action brought in a Federal or State court arising
out of the acts or omissions of the individual in providing or
attempting to provide assistance in the case of an in-flight medical
emergency unless the individual, while rendering such assistance, is
guilty of gross negligence or willful misconduct.
SEC. 6. DEFINITIONS.
In this Act--
(1) the terms ``air carrier'', ``aircraft'', ``airport'',
``interstate air transportation'', ``overseas air transportation'',
and ``foreign air transportation'' have the meanings such terms
have under section 40102 of title 49, United States Code;
(2) the term ``major air carrier'' means an air carrier
certificated under section 41102 of title 49, United States Code,
that accounted for at least 1 percent of domestic scheduled-
passenger revenues in the 12 months ending March 31 of the most
recent year preceding the date of the enactment of this Act, as
reported to the Department of Transportation pursuant to part 241
of title 14 of the Code of Federal Regulations; and
(3) the term ``medically qualified individual'' includes any
person who is licensed, certified, or otherwise qualified to
provide medical care in a State, including a physician, nurse,
physician assistant, paramedic, and emergency medical technician.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Aviation Medical Assistance Act of 1998 - Directs the Administrator of the Federal Aviation Administration to reevaluate regulations regarding: (1) the equipment required to be carried in medical kits of aircraft operated by air carriers; and (2) the training required of flight attendants in the use of such equipment. Requires the Administrator to issue a notice of proposed rulemaking to make any modifications to such regulations as a result of such reevaluation.
Requires major air carriers to make a good faith effort to report quarterly to the Administrator, over the course of a year, regarding deaths on aircrafts.
Requires the Administrator to decide whether or not to require automatic external defibrillators on passenger aircraft and at airports. Prohibits the Administrator from requiring them on helicopters and on aircraft with a maximum payload capacity of 7,500 pounds or less.
States that, if the Administrator decides that automatic external defibrillators should be required at airports, the proposed rulemaking or recommendation shall provide that the airports are responsible for providing the defibrillators.
Declares that an air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the carrier's performance in obtaining or attempting to obtain the assistance of a passenger in an in-flight medical emergency, or out of the passenger's acts or omissions while rendering such assistance, if the passenger is not an employee or agent of the carrier and the carrier in good faith believes that the passenger is medically qualified.
Declares that an individual shall not be liable for damages in any such action arising out of acts or omissions in providing or attempting to provide such assistance, except for gross negligence or willful misconduct. | Aviation Medical Assistance Act of 1998 |
926 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Canine Detection Team Augmentation
and Certification Act of 2006''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Canine detection teams, which consist of a canine and a
canine handler, are an important part of a layered homeland
security system to prepare for, respond to, mitigate against,
and prevent acts of terrorism.
(2) Canine detection teams can be deployed quickly and can
move easily throughout a variety of areas, including mass
transit systems, airports, cargo areas, sea ports, the Nation's
borders, ports of entry, office buildings, and stadiums.
(3) Canine detection teams can be trained to detect a
variety of items, such as explosives, narcotics, concealed
humans, cadavers, and chemical and biological materials.
(4) Canine detection teams can be utilized in situations
where detection technologies are unavailable, immobile, or not
cost-effective.
(5) There is a shortage of canine detection teams available
to assist Federal, State, and local law enforcement personnel
as they put their lives at risk daily to protect the Nation.
(6) The Congress has authorized 2,000 new Border Patrol
agents for each of fiscal years 2006 through 2010 without a
corresponding increase in the number of detection canines
deployed with these Border Patrol agents.
(7) Canine detection teams have been deployed to the
Nation's busiest airports. However, the Transportation Security
Administration must increase the capacity of its canine
training program in order to train and deploy canines to the
Nation's mass transit systems.
(8) Urban search and rescue canines and cadaver detection
canines were used effectively in the Gulf Coast region to
respond to Hurricanes Katrina and Rita.
(9) The Bureau of United States Customs and Border
Protection, the United States Secret Service, the Coast Guard,
and the Federal Protective Service regularly use canine
detection teams to secure National Special Security Events,
protect Federal buildings and their occupants, and protect the
Nation's sea ports.
(10) State, local, and tribal agencies and the private
sector rely on canine detection teams for security purposes,
like the Federal Government. In the absence of national
training and certification standards, there have been a number
of fraudulent operations and the use of inadequately trained
canines and canine handlers. In one documented case, in 2003, a
Virginia man, Russell Lee Ebersole, supplied explosive
detection canine teams to several government agencies,
including the Federal Reserve Board, that failed explosives
detection tests on five different occasions.
(11) The Subcommittee on Management, Integration, and
Oversight of the Committee on Homeland Security of the House of
Representatives held a hearing on September 28, 2005, regarding
the use of canine detection teams in support of homeland
security activities. At the hearing, Subcommittee Members were
informed by several Federal agencies, a local transit police
department, a private canine security company, and a
university-based canine training center that--
(A) there is a shortage of trained canine detection
teams;
(B) there is a need for a national canine detection
team training standard, or multiple standards, in order
to strengthen the quality of canine detection teams and
their interchangeability among Federal, State, and
local agencies and the private sector; and
(C) there is a demonstrated need for Federal
leadership to ensure that certifying entities are
qualified and that they do not inappropriately certify
canine detection teams that may put homeland security
and public safety at risk.
SEC. 3. CANINE DETECTION TEAM AUGMENTATION AND CERTIFICATION.
(a) Increasing the Number of Trained Canine Detection Teams.--
(1) Increase.--In each of fiscal years 2007 through 2011,
the Secretary of Homeland Security shall, subject to the
availability of appropriations for such purpose, increase the
number of trained canine detection teams of the Department over
the number of such teams deployed or available on the last day
of the preceding fiscal year as follows:
(A) Customs and border protection.--An increase of
not less than 25 percent the number of trained canine
detection teams deployed at and between the Nation's
ports of entry.
(B) Transportation security administration.--
Increase by not less than 25 percent the number of
trained detection canines deployed at the Nation's
airports and mass transit systems.
(C) Coast guard, united states secret service,
federal protective service, and federal emergency
management agency.--Increase by not less than 25
percent the number of trained canine detection teams
available to Coast Guard stations, Secret Service
operations, and Federal Protective Service operations
across the country, and to the Federal Emergency
Management Agency to ensure their availability as
needed in emergencies.
(2) Notification of congress.--If the Secretary determines
that an agency referred to in subsection (a) is unable to
achieve the increase required under subsection (a) for such
reasons as cost or availability, the Secretary shall notify the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate, describing the reasons why the agency is unable
to achieve the increase.
(b) Coordination, Enhancement, and Improvement of Canine Detection
Teams.--
(1) In general.--The Homeland Security Act of 2002 is
amended by adding at the end the following:
``TITLE XIX--MISCELLANEOUS PROVISIONS
``Subtitle A--Canine Detection Teams
``SEC. 1901. COORDINATION AND ENHANCEMENT OF CANINE PROTECTION TEAM
TRAINING.
``The Secretary shall--
``(1) fully coordinate the canine training programs of the
Department that support the Department's counter-terrorism,
counter-smuggling, transportation security, and border security
missions and other missions of the Department, including, with
respect to the research and development of new canine training
methods, the optimum number and type of training aids, and
measurements for efficiency and effectiveness;
``(2) ensure that the Department is maximizing its use of
existing training facilities and resources to train canines
throughout the year; and
``(3) coordinate the use of detection canines trained by
other Federal agencies, nonprofit organizations, universities,
and private training facilities in order to increase the number
of trained detection canines available to Federal, State, and
local law enforcement agencies.
``SEC. 1902. CANINE PROCUREMENT.
``The Secretary shall--
``(1) make it a priority to increase the number of
domestically bred canines used by the Department to assist in
its counter-terrorism mission, including the protection of
ports of entry and along the United States border;
``(2) increase the utilization of domestically bred canines
from universities and private and nonprofit sources in the
United States; and
``(3) consult with other Federal, State, and local
agencies, nonprofit organizations, universities, and private
entities that use detection canines, such as those
participating in the Scientific Working Group on Dog and
Orthogonal Detectors (popularly known as `SWGDOG'), as well as
the Office of Management and Budget, to encourage domestic
breeding of canines and consolidate canine procurement, where
possible, across the Federal Government to reduce the cost of
purchasing canines.
``SEC. 1903. DOMESTIC CANINE BREEDING GRANT PROGRAM.
``(a) Establishment of Program.--The Secretary shall establish a
competitive grant program for domestic breeders of canines. The purpose
of the grant program shall be to encourage the development and growth
of canine breeds that are best suited for detection training purposes
within the United States.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000 for each of fiscal
years 2007 through 2011.
``SEC. 1904. HOMELAND SECURITY CANINE DETECTION ACCREDITATION BOARD.
``(a) Establishment of Accreditation Board.--
``(1) In general.--Not later than 180 days after the date
on which the national voluntary consensus standards referred to
in subsection (b)(1) are issued, the Secretary, in consultation
with the Secretary of Defense, the Secretary of State, and the
Attorney General, shall establish a Homeland Security Canine
Detection Accreditation Board to develop and implement a
process for certifying compliance with such standards.
``(2) Membership.--The membership of the Accreditation
Board shall consist of experts in the fields of canine training
and explosives detection from Federal and State agencies,
universities, other research institutions, and the private
sector, such as those represented on the Executive Board of
SWGDOG.
``(b) Accreditation Process.--The Accreditation Board shall
establish and implement a voluntary accreditation process to--
``(1) certify that persons conducting certification of
canine detection teams appropriately ensure that the canine
detection teams meet the national voluntary consensus standards
developed by SWGDOG;
``(2) ensure that canine detection teams do not put public
safety and the safety of law enforcement personnel at risk due
to fraud or weaknesses in the initial or maintenance training
curriculum; and
``(3) maintain and update a public list of entities
accredited by the Department to certify canine detection teams.
``(c) Compliance With Standards.--Beginning not later than the date
that is 180 days after the date on which the standards referred to in
subsection (b)(1) are issued, the Secretary shall require that grant
funds administered by the Department may not be used to acquire a
canine detection team unless--
``(1) the canine detection team is certified under the
process established under subsection (b); or
``(2) the Secretary determines that the applicant has shown
special circumstances that justify the acquisition of canines
that are not certified under the process established under
subsection (b).
``SEC. 1905. DEFINITIONS.
``In this subtitle:
``(1) Canine detection team.--The term `canine detection
team' means a canine and a canine handler.
``(2) Certifying entity.--The term `certifying entity'
means an entity that oversees the processes and procedures used
to train and test canine detection teams.
``(3) SWGDOG.--The term `SWGDOG' means the Scientific
Working Group of Dog and Orthogonal Detectors.''.
(2) Clerical amendment.--The table of sections in section
1(b) of such Act is amended by adding at the end the following:
``TITLE XIX--MISCELLANEOUS PROVISIONS
``Subtitle A--Canine Detection Teams
``Sec. 1901. Coordination and enhancement of canine protection team
training.
``Sec. 1902. Canine procurement.
``Sec. 1903. Domestic canine breeding grant program.
``Sec. 1904. Homeland Security Canine Detection Accreditation Board.
``Sec. 1905. Definitions.''.
(3) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
report to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate on the plan of the Secretary
to coordinate and consolidate the canine training and related
programs of the Department of Homeland Security in accordance
with section 1901 of the Homeland Security Act of 2002, as
added by subsection (a). | Canine Detection Team Augmentation and Certification Act of 2006 - Directs the Secretary of Homeland Security to: (1) increase the number of trained canine detection teams of the Department of Homeland Security (DHS) at specified federal agencies; and (2) notify specified congressional committees if any such agency is unable to achieve the increase required.
Directs the Secretary to: (1) fully coordinate the Department's canine training programs that support its counter-terrorism, counter-smuggling, transportation security, border security, and other missions; (2) ensure that the Department is maximizing its use of existing training facilities and resources to train canines throughout the year; and (3) coordinate the use of detection canines trained by other federal agencies, nonprofit organizations, universities, and private training facilities to increase the number of trained detection canines available to law enforcement agencies.
Directs the Secretary to: (1) make it a priority to increase the number of domestically bred canines used by the Department to assist its counter-terrorism mission; (2) increase the utilization of domestically bred canines from universities and private and nonprofit sources; and (3) consult with other federal, state, and local agencies, nonprofit organizations, universities, and private entities that use detection canines, as well as the Office of Management and Budget (OMB), to encourage domestic breeding of canines and to consolidate canine procurement across the federal government.
Directs the Secretary to: (1) establish a competitive grant program for domestic breeders of canines; and (2) establish a Homeland Security Canine Detection Accreditation Board. | To increase the number of trained detection canines of the Department of Homeland Security, and for other purposes. |
927 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smarter Approach to Nuclear
Expenditures Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Berlin Wall fell in 1989, the Soviet Union no
longer exists, and the Cold War is over. The nature of threats
to the national security and military interests of the United
States has changed. However, the United States continues to
maintain an excessively large and costly arsenal of nuclear
weapons and delivery systems that are a holdover from the Cold
War.
(2) The current nuclear arsenal of the United States
includes approximately 4,000 total nuclear warheads in its
military stockpile, of which approximately 1,750 are deployed
with five delivery components: land-based intercontinental
ballistic missiles, submarine-launched ballistic missiles,
long-range strategic bomber aircraft armed with nuclear gravity
bombs, long-range strategic bomber aircraft armed with nuclear-
armed air-launched cruise missiles, and short-range fighter
aircraft that can deliver nuclear gravity bombs. The strategic
bomber fleet of the United States comprises 89 B-52 and 20 B-2
aircraft, of which 60 are believed to contribute to the nuclear
mission. The United States maintains approximately 400
intercontinental ballistic missiles. The United States also
maintains 14 Ohio-class submarines, up to 12 of which are
deployed at sea. Each of those submarines is armed with
approximately 80 independently targetable nuclear warheads.
(3) The maintenance of this force comes at significant
cost. Between fiscal years 2017 and 2026, the United States
will spend approximately $400,000,000 to maintain and
recapitalize its nuclear force, according to a February 2017
report from the Congressional Budget Office. Over 30 years,
spending on nuclear forces could exceed $1,000,000,000,000.
(4) Numerous United States Government officials have warned
of the affordability problem posed by the current nuclear
weapons sustainment plans, cautioning that those plans cannot
be executed in the absence of significant long-term increases
to defense spending or cuts to other military priorities. For
example, Brian McKeon, former Principal Deputy Under Secretary
of Defense stated in October 2015, ``We're looking at that big
bow wave [in nuclear weapons spending] and wondering how the
heck we're going to pay for it, and probably thanking our lucky
stars we won't be here to answer the question.''.
(5) An April 2017 Government Accountability Office report
found that there is a significant mismatch between the 25-year
plan of the Department of Energy to refurbish the Nation's
nuclear warheads and supporting infrastructure, and the
Department's budget estimates. The report also found that key
warhead life extension programs are likely underfunded.
(6) According to the Congressional Budget Office's 2017
long-term budget outlook report, discretionary spending,
including national defense spending, is likely to continue to
be constrained even after the expiration of sequestration under
part C of the Balanced Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 900 et seq.), as amended by the Budget
Control Act of 2011 (Public Law 112-25; 125 Stat. 240), as a
result of an aging population, rising health care costs, and
the rising interest on the national debt.
(7) A substantial decrease in spending on the nuclear
arsenal of the United States is prudent for both the budget and
national security. The current plans to sustain the United
States nuclear arsenal assume that the United States will
maintain a nuclear arsenal like the one it has now for decades
to come. However, the Department of Defense's June 2013 nuclear
policy guidance entitled, ``Report on Nuclear Employment
Strategy of the United States'' found that force levels under
the Treaty between the United States of America and the Russian
Federation on Measures for the Further Reduction and Limitation
of Strategic Offensive Arms, signed on April 8, 2010, and
entered into force on February 5, 2011 (commonly known as the
``New START Treaty''), ``are more than adequate for what the
United States needs to fulfill its national security
objectives'' and can be reduced by up to one-third below levels
under the New START Treaty to 1,000 to 1,100 warheads.
(8) A December 2016 Congressional Budget Office report
showed that at least 10 percent of the projected costs of
nuclear forces over the next decade can be saved by trimming
back the current plans, while still maintaining a triad of
delivery systems. Even larger savings would accrue over the
subsequent decade.
(9) Even without additional reductions below the New START
Treaty limit of 1,550 deployed strategic warheads, the United
States can save tens of billions of dollars by deploying those
warheads more efficiently on delivery systems and by deferring
production of new delivery systems until they are needed.
(10) As it undertakes its Nuclear Posture Review in 2017,
President Donald Trump must seriously examine options to
reshape and rescale the plans and adequately fund a smaller
number of projects that would still leave the United States
with a capable and credible deterrent.
SEC. 3. REDUCTIONS IN NUCLEAR FORCES.
(a) Reduction of Nuclear-Armed Submarines.--Notwithstanding any
other provision of law, none of the funds authorized to be appropriated
or otherwise made available for fiscal year 2017 or any fiscal year
thereafter for the Department of Defense may be obligated or expended
for procuring more than eight Columbia-class submarines.
(b) Reduction of Intercontinental Ballistic Missiles.--
Notwithstanding section 1667 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328) or any other provision of
law, none of the funds authorized to be appropriated or otherwise made
available for fiscal year 2017 or any fiscal year thereafter for the
Department of Defense may be obligated or expended to maintain more
than 150 deployed intercontinental ballistic missiles.
(c) Reduction of Deployed Strategic Warheads.--Notwithstanding any
other provision of law, none of the funds authorized to be appropriated
or otherwise made available for fiscal year 2017 or any fiscal year
thereafter for the Department of Defense or the Department of Energy
may be obligated or expended to maintain more than 1,000 deployed
strategic warheads, as counted under the New START Treaty (as defined
in section 495(e) of title 10, United States Code).
(d) Prohibition on New Long-Range Penetrating Bomber Aircraft.--
Notwithstanding any other provision of law, none of the funds
authorized to be appropriated or otherwise made available for any of
fiscal years 2017 through 2024 for the Department of Defense may be
obligated or expended for the research, development, test, and
evaluation or the procurement of the B-21 long-range penetrating bomber
aircraft.
(e) Prohibition on F-35 Nuclear Mission.--Notwithstanding any other
provision of law, none of the funds authorized to be appropriated or
otherwise made available for fiscal year 2017 or any fiscal year
thereafter for the Department of Defense or the Department of Energy
may be used to make the F-35 Joint Strike Fighter aircraft capable of
carrying nuclear weapons.
(f) Reduction in the B61 Life Extension Program.--Notwithstanding
any other provision of law, none of the funds authorized to be
appropriated or otherwise made available for fiscal year 2017 or any
fiscal year thereafter for the Department of Defense or the Department
of Energy may obligated or expended for extending the life of tactical
versions of the B61 gravity bomb.
(g) Prohibition on New Air-Launched Cruise Missile.--
Notwithstanding any other provision of law, none of the funds
authorized to be appropriated or otherwise made available for fiscal
year 2017 or any fiscal year thereafter for the Department of Defense
or the Department of Energy may be obligated or expended for the
research, development, test, and evaluation or the procurement of a new
air-launched cruise missile or for the W80 warhead life extension
program.
(h) Prohibition on New Intercontinental Ballistic Missile.--
Notwithstanding any other provision of law, none of the funds
authorized to be appropriated or otherwise made available for fiscal
year 2017 or any fiscal year thereafter for the Department of Defense
may be obligated or expended for the research, development, test, and
evaluation or the procurement of the ground-based strategic deterrent
or any new intercontinental ballistic missile.
(i) Termination of IW-1 Life Extension Program.--Notwithstanding
any other provision of law, none of the funds authorized to be
appropriated or otherwise made available for fiscal year 2017 or any
fiscal year thereafter for the Department of Defense or the Department
of Energy may be obligated or expended for the IW-1 life extension
program.
(j) Termination of Mixed Oxide Fuel Fabrication Facility Project.--
Notwithstanding section 3116 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328) or any other provision of
law, none of the funds authorized to be appropriated or otherwise made
available for fiscal year 2017 or any fiscal year thereafter for the
Department of Defense or the Department of Energy may be obligated or
expended for the Mixed Oxide Fuel Fabrication Facility project at the
Savannah River Site, Aiken, South Carolina.
(k) Termination of Uranium Processing Facility.--Notwithstanding
any other provision of law, none of the funds authorized to be
appropriated or otherwise made available for fiscal year 2017 or any
fiscal year thereafter for the Department of Defense or the Department
of Energy may be obligated or expended for the Uranium Processing
Facility located at the Y-12 National Security Complex, Oak Ridge,
Tennessee.
SEC. 4. REPORTS REQUIRED.
(a) Initial Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
Energy shall jointly submit to the appropriate committees of Congress a
report outlining the plan of each Secretary to carry out section 3.
(b) Annual Report.--Not later than March 1, 2018, and annually
thereafter, the Secretary of Defense and the Secretary of Energy shall
jointly submit to the appropriate committees of Congress a report
outlining the plan of each Secretary to carry out section 3, including
any updates to previously submitted reports.
(c) Annual Nuclear Weapons Accounting.--Not later than September
30, 2017, and annually thereafter, the President shall transmit to the
appropriate committees of Congress a report containing a comprehensive
accounting by the Director of the Office of Management and Budget of
the amounts obligated and expended by the Federal Government for each
nuclear weapon and related nuclear program during--
(1) the fiscal year covered by the report; and
(2) the life cycle of such weapon or program.
(d) Cost Estimate Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense and the
Secretary of Energy shall jointly submit to the appropriate committees
of Congress a report outlining the estimated cost savings that result
from carrying out section 3.
(e) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Appropriations, and the
Committee on Energy and Natural Resources of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on Appropriations, the Committee
on Energy and Commerce, and the Committee on Natural Resources
of the House of Representatives. | Smarter Approach to Nuclear Expenditures Act This bill prohibits the obligation or expenditure of Department of Defense (DOD) funds: (1) for procuring more than eight Columbia-class submarines; (2) to maintain more than 150 deployed intercontinental ballistic missiles; or (3) through FY2024, for the research, development, test, and evaluation (RDT&E) or the procurement of the B-21 long-range penetrating bomber aircraft. The bill prohibits the obligation or expenditure of DOD or Department of Energy (DOE) funds: to maintain more than 1,000 deployed strategic warheads, as counted under the New START Treaty; to make the F-35 Joint Strike Fighter aircraft capable of carrying nuclear weapons; for extending the life of tactical versions of the B61 gravity bomb; for the RDT&E or procurement of a new air-launched cruise missile or for the W80 warhead life extension program; for the RDT&E or procurement of the ground-based strategic deterrent or any new intercontinental ballistic missile; for the IW-1 life extension program; for the Mixed Oxide Fuel Fabrication Facility project at the Savannah River Site, Aiken, South Carolina; or for the Uranium Processing Facility located at the Y-12 National Security Complex, Oak Ridge, Tennessee. DOD and DOE must report to Congress on the plans for, and the estimated cost savings from, carrying out this bill. | Smarter Approach to Nuclear Expenditures Act |
928 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dam Rehabilitation and Repair Act of
2004''.
SEC. 2. REHABILITATION AND REPAIR OF DEFICIENT DAMS.
(a) Definitions.--Section 2 of the National Dam Safety Program Act
(33 U.S.C. 467) is amended--
(1) by redesignating paragraphs (3), (4), (5), (6), (7),
(8), (9), (19), (11), (12), and (13) as paragraphs (4), (5),
(6), (7), (8), (9), (10), (12), (13), (14), and (15),
respectively;
(2) by inserting after paragraph (2) the following:
``(3) Deficient dam.--The term `deficient dam' means a dam
that the State within the boundaries of which the dam is
located determines--
``(A) fails to meet minimum dam safety standards of
the State; and
``(B) poses an unacceptable risk to the public.'';
and
(3) by inserting after paragraph (10) (as redesignated by
paragraph (1)) the following:
``(11) Rehabilitation.--The term `rehabilitation' means the
repair, replacement, reconstruction, or removal of a dam that
is carried out to meet applicable State dam safety and security
standards.''.
(b) Program for Rehabilitation and Repair of Deficient Dams.--The
National Dam Safety Program Act is amended by inserting after section 8
(33 U.S.C. 467f) the following:
``SEC. 8A. REHABILITATION AND REPAIR OF DEFICIENT DAMS.
``(a) Establishment of Program.--The Director shall establish,
within FEMA, a program to provide grant assistance to States for use in
rehabilitation of publicly-owned deficient dams.
``(b) Award of Grants.--
``(1) Application.--A State interested in receiving a grant
under this section may submit to the Director an application
for such grant. Applications submitted to the Director under
this section shall be submitted at such times, be in such form,
and contain such information, as the Director may prescribe by
regulation.
``(2) In general.--Subject to the provisions of this
section, the Director may make a grant for rehabilitation of a
deficient dam to a State that submits an application for the
grant in accordance with the regulations prescribed by the
Director. The Director shall enter into a project grant
agreement with the State to establish the terms of the grant
and the project, including the amount of the grant.
``(c) Priority System.--The Director, in consultation with the
Board, shall develop a risk-based priority system for use in
identifying deficient dams for which grants may be made under this
section.
``(d) Allocation of Funds.--The total amount of funds appropriated
pursuant to subsection (f)(1) for a fiscal year shall be allocated for
making grants under this section to States applying for such grants for
that fiscal year as follows:
``(1) One-third divided equally among applying States.
``(2) Two-thirds among applying States based on the ratio
that--
``(A) the number of non-Federal publicly-owned dams
that the Secretary of the Army identifies in the
national inventory of dams maintained under section 6
as constituting a danger to human health and that are
located within the boundaries of the State; bears to
``(B) the number of non-Federal publicly-owned dams
that are so identified and that are located within the
boundaries of all applying States.
``(e) Cost Sharing.--The Federal share of the cost of
rehabilitation of a deficient dam for which a grant is made under this
section may not exceed 65 percent of the cost of such rehabilitation.
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section--
``(A) $50,000,000 for fiscal year 2006; and
``(B) $100,000,000 for each of fiscal years 2007
through 2009.
``(2) Staff.--There are authorized to be appropriated to
provide for the employment of such additional staff of FEMA as
are necessary to carry out this section $400,000 for each of
fiscal years 2006 through 2009.
``(3) Period of availability.--Sums appropriated pursuant
to this section shall remain available until expended.''.
SEC. 3. RULEMAKING.
(a) Proposed Rulemaking.--Not later than 90 days after the date of
enactment of this Act, the Director of the Federal Emergency Management
Agency shall issue a notice of proposed rulemaking regarding the
amendments made by section 2 to the National Dam Safety Program Act (33
U.S.C. 467 et seq.).
(b) Final Rule.--Not later than 120 days after the date of
enactment of this Act, the Director of the Federal Emergency Management
Agency shall issue a final rule regarding such amendments. | Dam Rehabilitation and Repair Act of 2004 - Amends the National Dam Safety Program Act to require the Director of the Federal Emergency Management Agency (FEMA) to establish a program to provide grant assistance to States for use in rehabilitating publicly-owned dams that fail to meet minimum safety standards and pose an unacceptable risk to the public (deficient dams).
Sets forth provisions regarding procedures for grant awards and fund allocation. Requires the Director to develop a risk-based priority system for identifying deficient dams for which such grants may be made. Limits the Federal share of rehabilitation costs to 65 percent. | To amend the National Dam Safety Program Act to establish a program to provide grant assistance to States for the rehabilitation and repair of deficient dams. |
929 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Missing Mercury in Manufacturing
Monitoring and Mitigation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) mercury and mercury compounds are highly toxic to
humans, ecosystems, and wildlife;
(2) as many as 10 percent of women in the United States of
childbearing age have mercury in their bloodstreams at a level
that could pose risks to their unborn babies, and as many as
630,000 children born annually in the United States are at risk
of neurological problems relating to mercury exposure in utero;
(3) the most significant source of mercury exposure to
people in the United States is ingestion of mercury-
contaminated fish;
(4) the long-term solution to mercury pollution is to
minimize global mercury use and releases of mercury to
eventually achieve reduced contamination levels in the
environment, rather than reducing fish consumption, since
uncontaminated fish represents a critical and healthy source of
nutrition for people worldwide;
(5) an estimated additional 24,000 to 30,000 tons of
mercury are used at mercury cell chlor-alkali plants worldwide;
(6) mercury pollution is a transboundary pollutant that--
(A) is deposited locally, regionally, and globally;
and
(B) affects bodies of water near industrial areas,
such as the Great Lakes, as well as bodies of water in
remote areas, such as the Arctic Circle;
(7) of the approximately 30 plants in the United States
that produce chlorine, only 8 use the obsolete ``mercury cell''
chlor-alkali process, and 5 have not yet committed to phasing
out mercury use;
(8)(A) only about 10 percent of the total quantity of
chlorine and caustic soda produced in the United States comes
from the chlor-alkali plants described in paragraph (7) that
use the mercury cell chlor-alkali process;
(B) cost-effective alternatives are available and in use in
the remaining 90 percent of chlorine and caustic soda
production; and
(C) other countries, including Japan, have already banned
the mercury cell chlor-alkali process;
(9) the chlor-alkali industry acknowledges that--
(A) mercury can contaminate products manufactured
at mercury cell facilities; and
(B) the use of some of those products results in
the direct and indirect release of mercury;
(10) despite those quantities of mercury known to have been
used or to be in use, neither the chlor-alkali industry nor the
Environmental Protection Agency is able--
(A) to adequately account for the disposition of
the mercury used at those facilities; or
(B) to accurately estimate current mercury
emissions; and
(11) it is critically important that the United States work
aggressively toward the minimization of supply, demand, and
releases of mercury, both domestically and internationally.
SEC. 3. STATEMENT OF POLICY.
Congress declares that the United States should develop policies
and programs that will--
(1) reduce mercury use and emissions within the United
States;
(2) reduce mercury releases from the reservoir of mercury
currently in use or circulation within the United States; and
(3) reduce exposures to mercury, particularly exposures of
women of childbearing age and young children.
SEC. 4. USE OF MERCURY IN CHLORINE AND CAUSTIC SODA MANUFACTURING.
(a) In General.--Title I of the Toxic Substances Control Act (15
U.S.C. 2601 et seq.) is amended by inserting after section 6 the
following:
``SEC. 6A. USE OF MERCURY IN CHLORINE AND CAUSTIC SODA MANUFACTURING.
``(a) Definitions.--In this section:
``(1) Chlor-alkali facility.--The term `chlor-alkali
facility' means a facility used for the manufacture of chlorine
or caustic soda using a mercury cell process.
``(2) Hazardous waste; solid waste.--The terms `hazardous
waste' and `solid waste' have the meanings given those terms in
section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903).
``(b) Prohibition.--Effective beginning January 1, 2012, the
manufacture of chlorine or caustic soda using mercury cells is
prohibited in the United States.
``(c) Reporting.--
``(1) In general.--Not later than April 1, 2008, and
annually thereafter through April 1, 2012, the owner or
operator of each chlor-alkali facility shall submit to the
Administrator and the State in which the chlor-alkali facility
is located a report that identifies--
``(A) each type and quantity of mercury-containing
hazardous waste and nonhazardous solid waste generated
by the chlor-alkali facility during the preceding
calendar year;
``(B) the mercury content of the wastes;
``(C) the manner in which each waste was managed,
including the location of each offsite location to
which the waste was transported for subsequent handling
or management;
``(D) the volume of mercury released, intentionally
or unintentionally, into the air or water by the chlor-
alkali facility, including mercury released from
emissions or vaporization;
``(E) the volume of mercury estimated to have
accumulated in pipes and plant equipment of the chlor-
alkali facility, including a description of--
``(i) the applicable volume for each type
of equipment; and
``(ii) methods of accumulation; and
``(F) the quantity and forms of mercury found in
all products produced for sale by the chlor-alkali
facility.
``(2) Avoidance of duplication.--To avoid duplication, the
Administrator may permit the owner or operator of a facility
described in paragraph (1) to combine and submit the report
required under this subsection with any report required to be
submitted by the owner or operator under subtitle C of the
Solid Waste Disposal Act (42 U.S.C. 6921 et seq.).
``(d) Inventory.--
``(1) In general.--For each chlor-alkali facility that
ceases operations on or after July 1, 2008, not later than 1
year after the date of cessation of operations, the
Administrator, in consultation with the State in which the
facility is located, shall conduct a comprehensive mercury
inventory covering the life and closure of the chlor-alkali
facility, taking into account--
``(A) the total quantity of mercury purchased to
start and operate the chlor-alkali facility;
``(B) the total quantity of mercury remaining in
mercury cells and other equipment at the time of
closure of the chlor-alkali facility;
``(C) the estimated quantity of mercury in
hazardous waste, nonhazardous solid waste, and products
generated at the chlor-alkali facility during the
operational life of the chlor-alkali facility; and
``(D) the estimated aggregate mercury releases from
the chlor-alkali facility into air and other
environmental media.
``(2) Records and information.--In carrying out paragraph
(1), the Administrator shall obtain mercury purchase records
and such other information from each chlor-alkali facility as
are necessary to determine, as accurately as practicable from
available information, the magnitude and nature of mercury
releases from the chlor-alkali facility into air and other
environmental media.
``(e) Mercury Storage Advisory Committee.--
``(1) Establishment.--There is established an advisory
committee, to be known as the `Mercury Storage Advisory
Committee' (referred to in this subsection as the `Committee').
``(2) Membership.--
``(A) In general.--The Committee shall be composed
of 9 members, of whom--
``(i) 2 members shall be jointly appointed
by the Speaker of the House of Representatives
and the majority leader of the Senate--
``(I) 1 of whom shall be designated
to serve as Chairperson of the
Committee; and
``(II) 1 of whom shall be
designated to serve as Vice-Chairperson
of the Committee;
``(ii) 1 member shall be the Administrator;
``(iii) 1 member shall be the Secretary of
Defense;
``(iv) 1 member shall be a representative
of State environmental agencies;
``(v) 1 member shall be a representative of
State attorneys general;
``(vi) 1 member shall be a representative
of the chlorine industry;
``(vii) 1 member shall be a representative
of the mercury waste treatment industry; and
``(viii) 1 member shall be a representative
of a nonprofit environmental organization.
``(B) Appointments.--Not later than 45 days after
the date of enactment of this section, the
Administrator, in consultation with the appropriate
congressional committees, shall appoint the members of
the Committee described in clauses (iv) through (viii)
of subparagraph (A).
``(3) Initial meeting.--Not later than 30 days after the
date on which all members of the Committee have been appointed,
the Committee shall hold the initial meeting of the Committee.
``(4) Meetings.--The Committee shall meet at the call of
the Chairperson.
``(5) Quorum.--A majority of the members of the Committee
shall constitute a quorum.
``(6) Report.--Not later than 1 year after the date of
enactment of this section, the Committee shall submit to
Congress a report describing the findings and recommendations
of the Committee, if any, relating to--
``(A) the environmental, health, and safety
requirements necessary to prevent--
``(i) the release of elemental mercury into
the environment; and
``(ii) worker exposure from the storage of
elemental mercury;
``(B) the estimated annual cost of storing
elemental mercury on a per-pound or per-ton basis;
``(C) for the 40-year period beginning on the date
of submission of the report, the optimal size, number,
and other characteristics of Federal facilities
required to store elemental mercury under current and
anticipated jurisdictions of each Federal agency;
``(D) the estimated quantity of--
``(i) elemental mercury that will result
from the discontinuance of mercury cells at
chlor-alkali facilities in the United States
required under this section; and
``(ii) any other supplies that may require
storage to carry out this section;
``(E) for the 40-year period beginning on the date
of submission of the report, the estimated quantity of
elemental mercury generated from the recycling of
unwanted products and other wastes that will require
storage to comply with any export prohibitions of
elemental mercury;
``(F) any legal, technical, economic, or other
barrier that may prevent the private sector from
storing elemental mercury produced by the private
sector during the 40-year period beginning on the date
of submission of the report, including a description of
measures to address the barriers;
``(G) the advantages and disadvantages of
consolidating the storage of mercury produced by public
and private sources under the management of the public
or private sector;
``(H) the optimal plan of the Committee for storing
excess mercury produced by public and private sources;
and
``(I) additional research, if any, required to
determine a long-term disposal option for the storage
of excess mercury.
``(7) Compensation of members.--
``(A) In general.--
``(i) Non-federal employees.--A member of
the Committee who is not an officer or employee
of the Federal Government shall be compensated
at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level V
of the Executive Schedule under section 5316 of
title 5, United States Code, for each day
(including travel time) during which the member
is engaged in the performance of the duties of
the Committee.
``(ii) Federal employees.--A member of the
Committee who is an officer or employee of the
Federal Government shall serve without
compensation in addition to the compensation
received for the services of the member as an
officer or employee of the Federal Government.
``(B) Travel expenses.--A member of the Committee
shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for an
employee of an agency under subchapter I of chapter 57
of title 5, United States Code, while away from the
home or regular place of business of the member in the
performance of the duties of the Committee.
``(8) Staff and funding.--The Administrator shall provide
to the Committee such funding and additional personnel as are
necessary to enable the Committee to perform the duties of the
Committee.
``(9) Termination.--The Committee shall terminate 180 days
after the date on which the Committee submits the report of the
Committee under paragraph (6).
``(f) Transfer to Storage.--
``(1) Regulations.--Not later than July 1, 2008, the
Administrator shall promulgate regulations establishing the
terms and conditions necessary to facilitate the transfer and
storage of mercury located at closed or closing chlor-alkali
facilities, including the allocation of costs and potential
liabilities of that transfer and storage.
``(2) Deadline for transfer.--Beginning on July 1, 2008,
elemental mercury located at a closed or closing chlor-alkali
facility that has ceased operations shall be transferred to a
storage facility established by the Administrator in accordance
with the regulations promulgated under paragraph (1).
``(g) Health Assessment.--Not later than July 1, 2009, for each
chlor-alkali facility that continues to operate as of July 1, 2008, the
Administrator, in coordination with the Administrator of the Agency for
Toxic Substances and Disease Registry, shall conduct a health
assessment of employees at the chlor-alkali facility.
``(h) Regulations.--In addition to regulations described in
subsection (f)(1), the Administrator may promulgate such regulations,
including the establishment of a reporting form for use in accordance
with subsection (c), as are necessary to carry out this section.''.
(b) Conforming Amendment.--The table of contents of the Toxic
Substances Control Act (15 U.S.C. 2601 note) is amended by inserting
after the item relating to section 6 the following:
``Sec. 6A. Use of mercury in chlorine and caustic soda
manufacturing.''. | Missing Mercury in Manufacturing Monitoring and Mitigation Act - Declares that the United States should develop policies and programs that will reduce: (1) mercury use and emissions; (2) mercury releases from the reservoir of mercury currently in use or circulation; and (3) exposures to mercury, particularly exposures of women of childbearing age and young children.
Amends the Toxic Substances Control Act to prohibit the manufacture of chlorine or caustic soda using mercury cells, effective January 1, 2012. Requires the owner or operator of each chlor-alkali facility to submit to the Environmental Protection Agency (EPA) Administrator and the state in which the facility is located an annual report for 2008-2012 concerning mercury waste, emissions, and content in products.
Requires EPA to conduct a comprehensive mercury inventory covering the life and closure of chlor-alkali facilities that cease operations on or after July 1, 2008.
Establishes the Mercury Storage Advisory Committee, which shall report to Congress on: (1) requirements necessary to prevent the release of, or worker exposure to, elemental mercury; and (2) annual costs of, federal facilities needed for, barriers to, and an optimal plan for, mercury storage.
Requires: (1) EPA to establish regulations to facilitate the transfer and storage of mercury located at closed facilities; and (2) beginning on July 1, 2008, the transfer of elemental mercury located at a closed facility that has ceased operations to a storage facility established by EPA in accordance with such regulations.
Requires EPA, in coordination with the Administrator of the Agency for Toxic Substances and Disease Registry Administrator, by July 1, 2009, to conduct a health assessment of employees at chlor-alkali facilities that continue to operate as of July 1, 2008. | A bill to amend the Toxic Substances Control Act to phase out the use of mercury in the manufacture of chlorine and caustic soda, and for other purposes. |
930 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Silicone Breast Implant Research and
Information Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) According to the Institute of Medicine, it is estimated
that 1,000,000 to 2,000,000 American women have received
silicone breast implants over the last 35 years.
(2) Silicone breast implants have been used primarily for
breast augmentation, but also as an important part of
reconstruction surgery for breast cancer or other conditions.
(3) Women with breast cancer or other medical conditions
seek access to the broadest possible treatment options,
including silicone breast implants.
(4) Women need complete and accurate information about the
potential health risks and advantages of silicone breast
implants so that women can make informed decisions.
(5) Although the rate of implant rupture and silicone
leakage has not been definitively established, estimates are as
high as 70 percent.
(6) According to a 1997 Mayo Clinic study, 1 in 4 women
required additional surgery because of their implants within 5
years of receiving such implants.
(7) In addition to potential systemic complications, local
changes in breast tissue such as hardening, contraction of scar
tissue surrounding implants, blood clots, severe pain, burning
rashes, serious inflammation, or other complications requiring
surgical intervention following implantation have been
reported.
(8) According to the National Science Panel Report released
in December 1998, the current body of research on silicone
breast implants in immunology, rheumatology, toxicology, and
epidemiology is inadequate to conclusively determine the
effects of silicone. The National Science Panel pointed to many
limitations in research methodology and data analysis used in
past studies clearly demonstrating the need for future
independent clinical research.
(9) According to the Institute of Medicine, concern remains
that exposure to silicone or other components in silicone
breast implants may result in currently undefined connective
tissue or autoimmune diseases.
(10) A group of independent scientists and clinicians
convened by the National Institute of Arthritis and
Musculoskeletal and Skin Diseases in April of 1997 addressed
concerns that an association may exist between atypical
connective tissue disease and silicone breast implants, and
called for additional basic research on the components of
silicone as well as biological responses to silicone.
(11) According to many reports, including a study published
in the Journal of the National Cancer Institute, the presence
of silicone breast implants may create difficulties in
obtaining complete mammograms.
(12) According to a 1998 Food and Drug Administration
publication, although silicone breast implants usually do not
interfere with a woman's ability to nurse, if the implants
leak, there is some concern that the silicone may harm the
baby. Some studies suggest a link between breast feeding with
implants and problems with the child's esophagus.
(b) Purpose.--It is the purpose of this Act to promote research to
identify and evaluate the health effects of silicone breast implants,
and to ensure that women and their doctors receive accurate information
about such implants.
(c) Rule of Construction.--Nothing in this Act shall be construed
to affect any rule or regulation promulgated under the authority of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.) that is in
effect on the date of enactment of this Act relating to the
availability of silicone breast implants for reconstruction
after mastectomy, correction of congenital deformities, or replacement
for ruptured silicone implants for augmentation.
SEC. 3. EXPANSION AND INTENSIFICATION OF ACTIVITIES REGARDING SILICONE
BREAST IMPLANTS AT THE NATIONAL INSTITUTES OF HEALTH.
Part H of title IV of the Public Health Service Act (42 U.S.C. 289
et seq.) is amended by adding at the end the following:
``SEC. 498C. SILICONE BREAST IMPLANT RESEARCH.
``(a) Institute-Wide Coordinator.--The Director of NIH shall
appoint an appropriate official of the Department of Health and Human
Services to serve as the National Institutes of Health coordinator
regarding silicone breast implant research. Such coordinator shall
encourage and coordinate the participation of all appropriate
Institutes in research on silicone breast implants, including--
``(1) the National Institute of Allergy and Infectious
Diseases;
``(2) the National Institute of Arthritis and
Musculoskeletal and Skin Diseases;
``(3) the National Institute of Child Health and Human
Development;
``(4) the National Institute of Environmental Health
Sciences;
``(5) the National Institute of Neurological Disorders and
Stroke; and
``(6) the National Cancer Institute.
``(b) Study Sections.--The Director of NIH shall establish a study
section or special emphasis panel if determined to be appropriate, for
the National Institutes of Health to review extramural research grant
applications regarding silicone breast implants to ensure the
appropriate design and high quality of such research and shall take
appropriate action to ensure the quality of intramural research
activities.
``(c) Clinical Study.--
``(1) In general.--The Director of NIH shall conduct or
support research to expand the understanding of the health
implications of silicone breast implants. Such research should,
if determined to be scientifically appropriate, include a
multidisciplinary, clinical, case-controlled study of women
with silicone breast implants. Such a study should involve
women who have had such implants in place for at least 8 years,
focus on atypical disease presentation, neurological
dysfunction, and immune system irregularities, and evaluate to
what extent if any, their health differs from that of suitable
controls, including women with saline implants as a subset.
``(2) Annual report.--The Director of NIH shall annually
prepare and submit to the appropriate Committees of Congress a
report concerning the results of the study conducted under
paragraph (1).''.
SEC. 4. EXPANSION AND INTENSIFICATION OF ACTIVITIES REGARDING SILICONE
BREAST IMPLANTS AT THE FOOD AND DRUG ADMINISTRATION.
To assist women and doctors in receiving accurate and complete
information about the risks of silicone breast implants, the
Commissioner of Food and Drugs shall--
(1) ensure that the toll-free Consumer Information Line and
materials concerning breast implants provided by the Food and
Drug Administration are available, up to date, and responsive
to reports of problems with silicone breast implants, and that
timely aggregate data concerning such reports shall be made
available to the public upon request and consistent with
existing confidentiality standards;
(2) revise the Administration's breast implant information
update to clarify the procedure for reporting problems with
silicone implants or with the conduct of adjunct studies, and
specifically regarding the use of the Medwatch reporting
program;
(3) require that manufacturers of silicone breast implants
update implant package inserts and informed consent documents
regularly to reflect accurate information about such implants,
particularly the rupture rate of such implants; and
(4) require that any manufacturer of such implants that is
conducting an adjunct study on silicone breast implants--
(A) amend such study protocol and informed consent
document to reflect that patients must be provided with
a copy of informed consent documents at the initial, or
earliest possible, consultation regarding breast
prosthesis;
(B) amend the informed consent to inform women
about how to obtain a Medwatch form and encourage any
woman who withdraws from the study, or who would like
to report a problem, to submit a Medwatch form to
report such problem or concerns with the study and
reasons for withdrawing; and
(C) amend the informed consent document to provide
potential participants with the inclusion criteria for
the clinical trial and the toll-free Consumer
Information number. | Silicone Breast Implant Research and Information Act - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to: (1) appoint an official of the Department of Health and Human Services to serve as the NIH coordinator regarding silicone breast implant research; (2) establish either a study section or special emphasis panel for NIH to review extramural silicone breast implant research grant applications to ensure research design and quality, as well as quality intramural research; and (3) conduct or support research to expand the understanding of the health implications of silicone breast implants.
Directs the Commissioner of Food and Drugs to: (1) take specified steps to make updated information about the risks of silicone breast implant available to the public, via the toll-free Consumer Information Line and other means; (2) revise the breast implant information update to clarify the procedure for reporting implant problems; (3) require manufacturers to update implant package inserts and informed consent documents regularly with accurate information; and (4) require any manufacturer conducting an adjunct study on implants to take specified measures with respect to informed consent documents, including informing women on how to obtain a Medwatch form and encouraging women who withdraw from the study, or who would like to report a problem, to submit such a form. | Silicone Breast Implant Research and Information Act |
931 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Long Term Care Quality and Consumer
Information Improvement Act of 2005''.
SEC. 2. MEDICARE PAYMENT ADJUSTMENTS FOR SKILLED NURSING FACILITIES
BASED ON QUALITY DATA.
(a) In General.--Section 1888(e) of the Social Security Act (42
U.S.C. 1395yy(e)) is amended by adding at the end the following new
paragraph:
``(13) Payment adjustments based on quality data.--
``(A) Establishment of quality measures.--
``(i) In general.--Subject to the
succeeding provisions of this subparagraph, not
later than 6 months after the date of enactment
of the Long Term Care Quality and Consumer
Information Improvement Act of 2005, the
Secretary shall establish between 10 and 15
quality measures applicable with respect to
skilled nursing facilities in addition to any
quality measures applicable with respect to
such facilities established prior to January 1,
2005.
``(ii) Consultation.--In establishing the
quality measures under clause (i), the
Secretary shall consult with--
``(I) residents of skilled nursing
facilities;
``(II) representatives of patient
advocacy organizations;
``(III) State regulatory
representatives;
``(IV) representatives from the
skilled nursing facility industry; and
``(V) experts on quality measures.
``(iii) Staffing and mix of licensed
staff.--At least one of the quality measures
established under clause (i) shall relate to
the level of skilled nursing facility staffing
and the mix of licensed staff.
``(iv) Establishment and application of
risk adjustment methodology.--The quality
measures established under clause (i) shall
take into account the relative risks associated
with the population of each skilled nursing
facility to ensure that the differences in the
quality measures reflect differences in the
care provided by the facilities and not
differences in resident population
characteristics by using a risk adjustment
methodology established for purposes of this
subsection. The risk adjustment methodology
established and applied under this clause may
exclude certain types of residents, stratify
residents into high-risk and low-risk groups,
or use a statistical adjustment, such as a
regression analysis, that takes into
consideration multiple characteristics for each
resident.
``(v) Special provision for small skilled
nursing facilities.--The Secretary, in
consultation with the individuals and groups
described in clause (ii), shall establish
criteria for determining which quality measures
established under clause (i) do not apply with
respect to skilled nursing facilities that are
not large enough to yield meaningful data with
respect to such measure.
``(vi) Annual review and revision.--The
Secretary, in consultation with the individuals
and groups described in clause (ii), shall
annually review and revise the quality measures
established under clause (i), as the Secretary,
in consultation with such individuals and
groups, determines appropriate.
``(B) Reporting on quality measures.--
``(i) Submission of data.--Each skilled
nursing facility that desires to receive a
payment adjustment under subparagraph (C) shall
submit such data at such time and in such form
and manner as the Secretary, in consultation
with the individuals and groups described in
subparagraph (A)(ii), requires for purposes of
applying the quality measures established under
subparagraph (A)(i).
``(ii) Publication of quality ratings.--Not
less frequently than annually, the Secretary
shall cause to be posted on the Internet
website of the Centers for Medicare & Medicaid
Services and to be published in newspapers with
a national circulation a quality rating for
each skilled nursing facility submitting data
under clause (i) by using such data to apply
the quality measures established under
subparagraph (A)(i) to each facility.
``(C) Additional payment amount.--
``(i) In general.--Subject to clause (iv),
each skilled nursing facility that submits data
under subparagraph (B)(i) shall receive the
update described in clause (ii) and the payment
adjustment described in clause (iii).
``(ii) Full market basket update.--
Notwithstanding paragraph (4)(E)(ii) or any
other provision of law, each skilled nursing
facility described in clause (i) shall receive
the full market basket update for the year
following the year in which such data is
submitted.
``(iii) Payments based on quality.--The
Secretary shall adjust the total payment amount
under this subsection for skilled nursing
facilities described in clause (i) as follows:
``(I) Beginning with fiscal year
2007, for each of the skilled nursing
facilities that the Secretary
determines, based on the quality
measures established under subparagraph
(A)(i) for the preceding fiscal year,
to be--
``(aa) in the top 10
percent of all nursing
facilities that submitted data
under subparagraph (B)(i)
during the preceding fiscal
year, each payment amount
determined under the other
provisions of this subsection
shall be increased by 2 percent
of that amount; and
``(bb) below the top 10
percent of such nursing
facilities, but within the top
20 percent of such facilities,
each payment amount determined
under the other provisions of
this subsection shall be
increased by 1 percent of that
amount.
``(II) Beginning with fiscal year
2008, for each of the skilled nursing
facilities that the Secretary
determines, based on the quality
measures established under subparagraph
(A)(i), to be in the bottom 20 percent
of all nursing facilities that
submitted data under subparagraph
(B)(i), each payment amount determined
under the other provisions of this
subsection shall be decreased by 1
percent of that amount.
``(iv) Special provision for small skilled
nursing facilities.--The Secretary may not
refuse to provide a full market basket update
under clause (ii) or to provide an increase or
reduction under clause (iii) with respect to a
skilled nursing facility because such facility
does not submit data with respect to a quality
measure that does not apply to the nursing
facility as a result of the application of the
criteria established under subparagraph (A)(v).
``(D) Budget neutrality.--In implementing this
paragraph, the Secretary shall ensure that the
aggregate amount of expenditures made by the Secretary
under this title in a fiscal year does not exceed the
aggregate amount which the Secretary would have
expended under this title in the year if this paragraph
had not been enacted. In determining the aggregate
amount which the Secretary would have expended under
this title in the year if this paragraph had not been
enacted, the Secretary shall assume a current services
budget baseline that includes in the assumption of
current services a level of expenditures for covered
skilled nursing facility services that reflects a
continuation of the Resource Utilization Groups (RUGS)
that were used for making payments under this section
during fiscal year 2005.''.
(b) Evaluation and Report.--
(1) Evaluation.--The Secretary of Health and Human Services
shall conduct an evaluation of the implementation of the
amendment made by subsection (a), including an evaluation of
the number of skilled nursing facilities that submit the data
pursuant to paragraph (13)(B) of section 1888(e) of the Social
Security Act (42 U.S.C. 1395yy(e)), as added by subsection (a).
(2) Report.--Not later than December 31, 2008, the
Secretary of Health and Human Services shall submit a report to
Congress on the evaluation conducted under paragraph (1)
together with recommendations for such legislation and
administrative actions as the Secretary considers appropriate. | Long Term Care Quality and Consumer Information Improvement Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to establish between ten and 15 additional quality measures applicable to skilled nursing facilities, including a risk adjustment methodology reflecting differences in care, not differences in resident population characteristics. | A bill to amend title XVIII of the Social Security Act to provide medicare beneficiaries with access to information concerning the quality of care provided by skilled nursing facilities and to provide incentives to skilled nursing facilities to improve the quality of care provided by those facilities by linking the amount of payment under the medicare program to quality reporting and performance requirements, and for other purposes. |
932 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Efficient Government
Technology Act''.
SEC. 2. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION TECHNOLOGIES.
(a) Amendment.--Subtitle C of title V of the Energy Independence
and Security Act of 2007 (Public Law 110-140; 121 Stat. 1661) is
amended by adding at the end the following:
``SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION
TECHNOLOGIES.
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(2) Information technology.--The term `information
technology' has the meaning given that term in section 11101 of
title 40, United States Code.
``(b) Development of Implementation Strategy.--Not later than 1
year after the date of enactment of this section, each Federal agency
shall coordinate with the Director, the Secretary, and the
Administrator of the Environmental Protection Agency to develop an
implementation strategy (that includes best practices and measurement
and verification techniques) for the maintenance, purchase, and use by
the Federal agency of energy-efficient and energy-saving information
technologies, taking into consideration the performance goals
established under subsection (d).
``(c) Administration.--In developing an implementation strategy
under subsection (b), each Federal agency shall consider--
``(1) advanced metering infrastructure;
``(2) energy-efficient data center strategies and methods
of increasing asset and infrastructure utilization;
``(3) advanced power management tools;
``(4) building information modeling, including building
energy management;
``(5) secure telework and travel substitution tools; and
``(6) mechanisms to ensure that the agency realizes the
energy cost savings brought about through increased efficiency
and utilization.
``(d) Performance Goals.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Director, in consultation
with the Secretary, shall establish performance goals for
evaluating the efforts of Federal agencies in improving the
maintenance, purchase, and use of energy-efficient and energy-
saving information technology.
``(2) Best practices.--The Chief Information Officers
Council established under section 3603 of title 44, United
States Code, shall recommend best practices for the attainment
of the performance goals, which shall include Federal agency
consideration of, to the extent applicable by law, the use of--
``(A) energy savings performance contracting; and
``(B) utility energy services contracting.
``(e) Reports.--
``(1) Agency reports.--Each Federal agency shall include in
the report of the agency under section 527 a description of the
efforts and results of the agency under this section.
``(2) OMB government efficiency reports and scorecards.--
Effective beginning not later than October 1, 2017, the
Director shall include in the annual report and scorecard of
the Director required under section 528 a description of the
efforts and results of Federal agencies under this section.''.
(b) Conforming Amendment.--The table of contents for the Energy
Independence and Security Act of 2007 is amended by adding after the
item relating to section 529 the following:
``Sec. 530. Energy-efficient and energy-saving information
technologies.''.
SEC. 3. ENERGY EFFICIENT DATA CENTERS.
Section 453 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17112) is amended--
(1) in subsection (b)(2)(D)(iv), by striking ``determined
by the organization'' and inserting ``proposed by the
stakeholders'';
(2) by striking subsection (b)(3); and
(3) by striking subsections (c) through (g) and inserting
the following:
``(c) Stakeholder Involvement.--The Secretary and the Administrator
shall carry out subsection (b) in collaboration with the information
technology industry and other key stakeholders, with the goal of
producing results that accurately reflect the most relevant and useful
information available. In such collaboration, the Secretary and the
Administrator shall pay particular attention to organizations that--
``(1) have members with expertise in energy efficiency and
in the development, operation, and functionality of data
centers, information technology equipment, and software, such
as representatives of hardware manufacturers, data center
operators, and facility managers;
``(2) obtain and address input from Department of Energy
National Laboratories or any college, university, research
institution, industry association, company, or public interest
group with applicable expertise;
``(3) follow--
``(A) commonly accepted procedures for the
development of specifications; and
``(B) accredited standards development processes;
and
``(4) have a mission to promote energy efficiency for data
centers and information technology.
``(d) Measurements and Specifications.--The Secretary and the
Administrator shall consider and assess the adequacy of the
specifications, measurements, best practices, and benchmarks described
in subsection (b) for use by the Federal Energy Management Program, the
Energy Star Program, and other efficiency programs of the Department of
Energy or the Environmental Protection Agency.
``(e) Study.--The Secretary, in collaboration with the
Administrator, shall, not later than 18 months after the date of
enactment of the Energy Efficient Government Technology Act, make
available to the public an update to the Report to Congress on Server
and Data Center Energy Efficiency published on August 2, 2007, under
section 1 of Public Law 109-431 (120 Stat. 2920), that provides--
``(1) a comparison and gap analysis of the estimates and
projections contained in the original report with new data
regarding the period from 2008 through 2015;
``(2) an analysis considering the impact of information
technologies, including virtualization and cloud computing, in
the public and private sectors;
``(3) an evaluation of the impact of the combination of
cloud platforms, mobile devices, social media, and big data on
data center energy usage;
``(4) an evaluation of water usage in data centers and
recommendations for reductions in such water usage; and
``(5) updated projections and recommendations for best
practices through fiscal year 2020.
``(f) Data Center Energy Practitioner Program.--The Secretary, in
collaboration with key stakeholders and the Director of the Office of
Management and Budget, shall maintain a data center energy practitioner
program that leads to the certification of energy practitioners
qualified to evaluate the energy usage and efficiency opportunities in
Federal data centers. Each Federal agency shall consider having the
data centers of the agency evaluated every 4 years, in accordance with
section 543(f) of the National Energy Conservation Policy Act (42
U.S.C. 8253), by energy practitioners certified pursuant to such
program.
``(g) Open Data Initiative.--The Secretary, in collaboration with
key stakeholders and the Director of the Office of Management and
Budget, shall establish an open data initiative for Federal data center
energy usage data, with the purpose of making such data available and
accessible in a manner that encourages further data center innovation,
optimization, and consolidation. In establishing the initiative, the
Secretary shall consider the use of the online Data Center Maturity
Model.
``(h) International Specifications and Metrics.--The Secretary, in
collaboration with key stakeholders, shall actively participate in
efforts to harmonize global specifications and metrics for data center
energy and water efficiency.
``(i) Data Center Utilization Metric.--The Secretary, in
collaboration with key stakeholders, shall facilitate the development
of an efficiency metric that measures the energy efficiency of a data
center (including equipment and facilities).
``(j) Protection of Proprietary Information.--The Secretary and the
Administrator shall not disclose any proprietary information or trade
secrets provided by any individual or company for the purposes of
carrying out this section or the programs and initiatives established
under this section.''.
Passed the House of Representatives March 14, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Energy Efficient Government Technology Act (Sec. 2) This bill amends the Energy Independence and Security Act of 2007 to require each federal agency to coordinate with the Office of Management and Budget (OMB), the Department of Energy (DOE), and the Environmental Protection Agency to develop an implementation strategy for the maintenance, purchase, and use by the agency of energy-efficient and energy-saving information technologies. The OMB must establish performance goals for evaluating the efforts of agencies in improving the maintenance, purchase, and use of the technology. The executive branch's Chief Information Officers Council must recommend best practices for attaining the performance goals, including consideration of the use of energy savings performance and utility energy services contracting. Agencies must include in their annual government efficiency status reports a description of those energy-saving efforts and their results, and the OMB must begin to include in its annual government efficiency report a description of agencies' efforts and results. (Sec. 3) DOE must make available to the public an update to the Report to Congress on Server and Data Center Energy Efficiency published on August 2, 2007, that includes analyses of the impact of newer information technologies and computing methods and water usage by data centers. In collaboration with key stakeholders and the OMB, DOE must also: (1) maintain a data center energy practitioner program that leads to the certification of energy practitioners qualified to evaluate the energy usage and efficiency opportunities in federal data centers; and (2) establish an open data initiative to make information about federal data center energy usage available and accessible while encouraging data center innovation, optimization, and consolidation. In collaboration with key stakeholders, DOE must: (1) participate in efforts to harmonize global specifications and metrics for data center energy and water efficiency, and (2) facilitate the development of a metric for data center energy efficiency. | Energy Efficient Government Technology Act |
933 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security and Medicare
Improved Burn Injury Treatment Access Act of 2009''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Terrorist acts, such as the September 11, 2001, attacks
in New York and Washington, DC and attacks in countries
throughout the world, major accidental events, chemical plant
explosions, airplane crashes, and major industrial accidents,
result in a substantial number of burn-injured patients.
(2) In most major traumatic events, 25 percent to 30
percent of the injured will require burn care treatment. About
one-third of those hospitalized in New York on September 11th
had severe burn injuries.
(3) According to the American Burn Association (ABA), which
is the national professional society representing hospitals
with burn centers, as well as burn surgeons, nurses,
therapists, and other members of the burn care team, there are
only 128 burn centers in the United States. The total burn-bed
capacity at all burn centers in the United States is 1,835
beds. Burn centers in four States have closed, with a loss of
several beds, which further diminishes the Nation's ability to
handle the mass burn casualties that could result from a major
terrorist attack.
(4) Burn centers are a national resource that must be
preserved and strengthened as part of the Nation's preparedness
activities to deal with terrorist attacks or other disasters
that would likely lead to mass burn casualties.
(5) Based on a study of over 54,000 burn cases over a 20-
year period of time, the ABA in its 2002 National Burn
Repository Report indicates that 38 percent of burn-injured
patients treated in burn centers were uninsured. This high
level of uncompensated care threatens the survival of burn
centers, the continued existence of which is essential to the
emergency preparedness efforts of the United States.
(6) Burn injuries are among the most costly to treat and
require immediate medical attention.
(7) Because of the necessity of providing immediate care in
the case of burn injuries, the waiting periods established for
Medicare coverage for disabled burn patients should be waived
and it is essential for Medicare to reimburse the costs of such
burn treatment to ensure the financial survival of burn
centers.
SEC. 3. ELIMINATION OF 5-MONTH SOCIAL SECURITY DISABILITY WAITING
PERIOD IN CASES OF INDIVIDUALS WITH DISABLING BURN
INJURIES.
(a) Disability Insurance Benefits.--Section 223(a) of the Social
Security Act (42 U.S.C. 423(a)) is amended by adding at the end the
following new paragraph:
``(3)(A) In the case of any individual who has a disabling burn
injury and is not entitled to disability insurance benefits under this
section for any month solely by reason of the waiting period under
clause (i) in the first sentence of paragraph (1), the Commissioner of
Social Security shall waive the application of the waiting period, and,
notwithstanding clauses (i) and (ii) of the first sentence of paragraph
(1), such individual shall be entitled to disability insurance benefits
for each month, beginning with the first month during all of which such
individual is under a disability and in which such individual would
become so entitled to such insurance benefits under such sentence but
for such waiting period, and ending as provided in paragraph (1).
``(B) For purposes of subparagraph (A), the process for determining
under paragraph (1) the month in which the disability ceases shall
require that the status of the individual's disability be determined at
least once every 3 years.
``(C) For purposes of subparagraph (A) and sections 202(e)(5)(C),
202(f)(6)(C), and 216(i)(2)(A)(ii), an individual is considered to have
a `disabling burn injury' if the individual has a burn injury that
satisfies a finding of disability in accordance with the Social
Security Administration's publication, `Disability Evaluation under
Social Security' (Blue Book, January 2005) for purposes of establishing
eligibility for benefits under this title.''.
(b) Widow's Insurance Benefits Based on Disability.--Section
202(e)(5) of such Act (42 U.S.C. 402(e)(5)) is amended by adding at the
end the following new subparagraph:
``(C) In the case of any individual who has a disabling burn injury
(as described in section 223(a)(3)(B)) and is not entitled to widow's
insurance benefits under this section for any month solely by reason of
the waiting period under paragraph (1)(F)(i), the Commissioner of
Social Security shall waive the application of the waiting period, and,
notwithstanding clauses (i) and (ii) of paragraph (1)(F), such
individual shall be entitled to widow's insurance benefits for each
month, beginning with the first month during all of which she is under
a disability and in which she would become so entitled to such
insurance benefits under paragraph (1) but for such waiting period, and
ending as provided in paragraph (1). For purposes of the previous
sentence, in determining under paragraph (1) the month in which the
disability ceases the status of the individual's disability shall be
reviewed at least once every 3 years.''.
(c) Widower's Insurance Benefits Based on Disability.--Section
202(f)(5) of such Act (42 U.S.C. 402(f)(5)) is amended by adding at the
end the following new subparagraph:
``(C) In the case of any individual who has a disabling burn injury
(as described in section 223(a)(3)(B)) and is not entitled to widower's
insurance benefits under this section for any month solely by reason of
the waiting period under paragraph (1)(F)(i), the Commissioner of
Social Security shall waive the application of the waiting period, and,
notwithstanding clauses (i) and (ii) of paragraph (1)(F), such
individual shall be entitled to widower's insurance benefits for each
month, beginning with the first month during all of which he is under a
disability and in which he would become so entitled to such insurance
benefits under paragraph (1) but for such waiting period, and ending as
provided in paragraph (1). For purposes of the previous sentence, in
determining under paragraph (1) the month in which the disability
ceases the status of the individual's disability shall be reviewed at
least once every 3 years.''.
(d) Commencement of Period of Disability.--Section 216(i)(2)(A) of
such Act (42 U.S.C. 416(i)(2)(A)) is amended--
(1) by inserting ``(i)'' after ``(2)(A)'';
(2) by inserting ``(I)'' after ``but only if'';
(3) by inserting ``(II)'' after ``duration or''; and
(4) by adding at the end the following new clause:
``(ii) In any case in which an individual has a disabling burn
injury (as described in section 223(a)(3)(B)) and a month is not
included within a period of disability of such individual solely by
reason of the 5-month duration requirement under clause (i)(I), the
Commissioner of Social Security shall waive the application of such
requirement, and, notwithstanding clause (i)(I), such month shall be
included in a period of disability.''.
(e) Effective Dates.--The amendments made by subsection (a) shall
apply only with respect to benefits under section 223 of the Social
Security Act, or under section 202 of such Act on the basis of the
wages and self-employment income of an individual entitled to benefits
under such section 223, for months beginning after the date of the
enactment of this Act. The amendments made by subsections (b) and (c)
shall apply only with respect to benefits based on disability under
subsection (e) or (f) of section 202 of the Social Security Act for
months after the date of the enactment of this Act. The amendments made
by subsection (d) shall apply only with respect to applications for
disability determinations filed under title II of the Social Security
Act after the date of the enactment of this Act.
SEC. 4. ELIMINATION OF 24-MONTH MEDICARE DISABILITY WAITING PERIOD IN
CASES OF INDIVIDUALS WITH DISABLING BURN INJURIES.
(a) In General.--Section 226(h) of the Social Security Act (42
U.S.C. 426(h)) is amended--
(1) in the matter preceding paragraph (1), by inserting
``or a disabling burn injury (as described in section
223(a)(3)(B))'' after ``amyotrophic lateral sclerosis (ALS)'';
(2) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively, with appropriate
indentation and striking ``For purposes of'' and inserting
``(1) For purposes of''; and
(3) by adding at the end the following new paragraphs:
``(2) Paragraph (1) shall not apply to an individual medically
determined to have a disabling burn injury (as so described) if--
``(A) on the date such injury occurred such individual was
covered under a group health plan (as defined in section 2791
of the Public Health Service Act) or had health insurance
coverage (as defined in such section), regardless of the extent
to which such plan or coverage provides benefits with respect
to such injury; or
``(B) after the date of the enactment of the Social
Security and Medicare Improved Burn Injury Treatment Access Act
of 2009, the terms and conditions of coverage, with respect to
such injury, under the State plan under title XIX of the State
in which the individual resides are more restrictive than such
terms and conditions as of the day before such date of
enactment.
``(3) For purposes of applying paragraph (1) in the case of an
individual medically determined to have a disabling burn injury (as so
described), in determining when an individual's entitlement or status
terminates, the status of the individual's disability shall be reviewed
at least once every 3 years.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to benefits under title XVIII of the Social Security Act with
respect to items and services furnished in months beginning after the
date of the enactment of this Act. | Social Security and Medicare Improved Burn Injury Treatment Access Act of 2009 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to direct the Commissioner of Social Security to waive the application of the five-month Social Security disability waiting period in cases of individuals with disabling burn injuries.
Eliminates the 24-month Medicare disability waiting period in cases of individuals with disabling burn injuries, except those with specified health care insurance coverage. Requires that, in determining when the entitlement or status of an individual with a disabling burn injury terminates, the status of the disability be reviewed at least once every three years. | To amend the Social Security Act to eliminate the 5-month waiting period for Social Security disability and the 24-month waiting period for Medicare benefits in the cases of individuals with disabling burn injuries. |
934 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Girl Scouts USA Centennial
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress find 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 ``2013''; 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, 2013.
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).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection.
SEC. 8. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Continued Issuance of Certain Commemorative Coins Minted in
2009.--Notwithstanding sections 303 and 304 of the Presidential $1 Coin
Act of 2005 (31 U.S.C. 5112 note), the Secretary of the Treasury may
continue to issue numismatic items that contain 1-cent coins minted in
2009 after December 31, 2009, until not later than June 30, 2010.
(b) Distribution of Surcharges.--Section 7 of the Jamestown 400th
Anniversary Commemorative Coin Act of 2004 (31 U.S.C. 5112 note) is
amended--
(1) in subsection (b)(2)(B), by striking ``in equal shares''
and all that follows through the period at the end and inserting
``in the proportion specified to the following organizations for
the purposes described in such subparagraph:
``(i) 2/3 to the Association for the Preservation of
Virginia Antiquities.
``(ii) 1/3 to the Jamestown-Yorktown Foundation of the
Commonwealth of Virginia.''; and
(2) in subsection (c), by striking ``, the Secretary of the
Interior,''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | 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 centennial of the Girl Scouts of the United States of America.
Restricts issuance of such coins to calendar year 2013.
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. Provides for examination by the Comptroller General of books, records, documents, and other data of the Girl Scouts as may be related to the expenditures of the amounts paid.
Prohibits any surcharge if the coin's issuance would cause the number of commemorative coin programs issued during the year to exceed the annual two commemorative coin program issuance limitation.
Permits continuation of the issuance of numismatic items that contain one-cent coins minted in 2009 until June 30, 2010.
Amends the Jamestown 400th Anniversary Commemorative Coin Act of 2004 to remove reference to the Secretary of the Interior as being a one of the recipients of the distribution of the surcharges received from the sale of coins issued in commemoration of the 400th anniversary of the Jamestown settlement in Virginia and specifies the distribution among the remaining two recipients. | 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. |
935 | SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Tax Lien
Simplification Act''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The present decentralized system for filing Federal tax
liens in local property offices, which was established before
the advent of modern computers, the Internet, and e-government
programs, is inefficient, burdensome, and expensive.
(2) Current technology permits the creation of a
centralized Federal tax lien filing system which can provide
for enhanced public notice of and access to accurate tax lien
information in a manner that is more efficient, more timely,
and less burdensome than the existing tax lien filing system;
which would expedite the release of liens; and which would be
less expensive for both taxpayers and users.
(b) Purpose.--The purpose of this Act is to simplify and modernize
the process for filing notices of Federal tax liens, to improve public
access to tax lien information, and to save taxpayer dollars by
establishing a nationwide, Internet accessible, and fully searchable
filing system for Federal tax liens which would replace the current
system of local tax lien filings.
SEC. 3. NATIONAL TAX LIEN FILING SYSTEM.
(a) Filing of Notice of Lien.--Subsection (f) of section 6323
(relating to validity and priority against certain persons) is amended
to read as follows:
``(f) Filing of Notice; Form.--
``(1) Filing of notice.--The notice referred to in
subsection (a) shall be filed in the national Federal tax lien
registry established under subsection (k). The filing of a
notice of lien, or a certificate of release, discharge,
subordination, or nonattachment of lien, in the national
Federal tax lien registry shall be effective for purposes of
determining lien priority regardless of the nature or location
of the property interest to which the lien attaches.
``(2) Form.--The form and content of the notice referred to
in subsection (a) shall be prescribed by the Secretary. Such
notice shall be valid notwithstanding any other provision of
law regarding the form or content of a notice of lien.
``(3) Other national filing systems.--The filing of a
notice of lien shall be governed by this title and shall not be
subject to any other Federal law establishing a place or places
for the filing of liens or encumbrances under a national filing
system.''.
(b) Refiling of Notice.--Paragraph (2) of section 6323(g) (relating
to refiling of notice) is amended to read as follows:
``(2) Refiling.--A notice of lien may be refiled in the
national Federal tax lien registry established under subsection
(k).''.
(c) Release of Tax Liens or Discharge of Property.--
(1) In general.--Section 6325(a) (relating to release of
lien) is amended by inserting ``, and shall cause the
certificate of release to be filed in the national Federal tax
lien registry established under section 6323(k),'' after
``internal revenue tax''.
(2) Release of tax liens expedited from 30 to 10 days.--
Section 6325(a) (relating to release of lien) is amended by
striking ``not later than 30 days'' and inserting ``not later
than 10 days''.
(3) Discharge of property from lien.--Section 6325(b)
(relating to discharge of property) is amended--
(A) by inserting ``, and shall cause the
certificate of discharge to be filed in the national
Federal tax lien registry established under section
6323(k),'' after ``under this chapter'' in paragraph
(1),
(B) by inserting ``, and shall cause the
certificate of discharge to be filed in such national
Federal tax lien registry,'' after ``property subject
to the lien'' in paragraph (2),
(C) by inserting ``, and shall cause the
certificate of discharge to be filed in such national
Federal tax lien registry,'' after ``property subject
to the lien'' in paragraph (3), and
(D) by inserting ``, and shall cause the
certificate of discharge of property to be filed in
such national Federal tax lien registry,'' after
``certificate of discharge of such property'' in
paragraph (4).
(4) Discharge of property from estate or gift tax lien.--
Section 6325(c) (relating to estate or gift tax) is amended by
inserting ``, and shall cause the certificate of discharge to
be filed in the national Federal tax lien registry established
under section 6323(k),'' after ``imposed by section 6324''.
(5) Subordination of lien.--Section 6325(d) (relating to
subordination of lien) is amended by inserting ``, and shall
cause the certificate of subordination to be filed in the
national Federal tax lien registry established under section
6323(k),'' after ``subject to such lien''.
(6) Nonattachment of lien.--Section 6325(e) (relating to
nonattachment of lien) is amended by inserting ``, and shall
cause the certificate of nonattachment to be filed in the
national Federal tax lien registry established under section
6323(k),'' after ``property of such person''.
(7) Effect of certificate.--Paragraphs (1) and (2)(B) of
section 6325(f) (relating to effect of certificate) are each
amended by striking ``in the same office as the notice of lien
to which it relates is filed (if such notice of lien has been
filed)'' and inserting ``in the national Federal tax lien
registry established under section 6323(k)''.
(8) Release following administrative appeal.--Section
6326(b) (relating to certificate of release) is amended--
(A) by striking ``and shall include'' and insert
``, shall include'', and
(B) by inserting ``, and shall cause the
certificate of release to be filed in the national
Federal tax lien registry established under section
6323(k),'' after ``erroneous''.
(9) Conforming amendments.--Section 6325 is amended by
striking subsection (g) and by redesignating subsection (h) as
subsection (g).
(d) National Federal Tax Lien Registry.--
(1) In general.--Section 6323 is amended by adding at the
end the following new subsection:
``(k) National Registry.--The national Federal tax lien registry
referred to in subsection (f)(1) shall be established and maintained by
the Secretary and shall be accessible to and searchable by the public
through the Internet at no cost to access or search. The registry shall
identify the taxpayer to whom the Federal tax lien applies and reflect
the date and time the notice of lien was filed, and shall be made
searchable by, at a minimum, taxpayer name, the State of the taxpayer's
address as shown on the notice of lien, the type of tax, and the tax
period, and, when the Secretary determines it is feasible, by property.
The registry shall also provide for the filing of certificates of
release, discharge, subordination, and nonattachment of Federal tax
liens, as authorized in sections 6325 and 6326, and may provide for
publishing such other documents or information with respect to Federal
tax liens as the Secretary may by regulation provide.''.
(2) Administrative action.--The Secretary of the Treasury
shall issue regulations or other guidance providing for the
maintenance and use of the national Federal tax lien registry
established under section 6323(k) of the Internal Revenue Code
of 1986. The Secretary of the Treasury shall take appropriate
steps to secure and prevent tampering with the data recorded
therein. Prior to implementation of such registry, the
Secretary of the Treasury shall review the information
currently provided in public lien filings and determine whether
any such information should be excluded or protected from
public viewing in such registry.
(e) Transition Rules.--The Secretary of the Treasury may by
regulation prescribe for the continued filing of notices of Federal tax
lien in the offices of the States, counties and other governmental
subdivisions after December 31, 2008, for an appropriate period to
permit an orderly transition to the national Federal tax lien registry
established under section 6323(k) of the Internal Revenue Code of 1986.
(f) Effective Date.--The amendments made by this section shall
apply to notices of lien filed after December 31, 2008. The national
Federal tax lien registry (established under section 6323(k) of the
Internal Revenue Code of 1986) shall be made operational as of January
1, 2009, whether or not the Secretary of the Treasury has promulgated
final regulations establishing such registry. | Tax Lien Simplification Act - Amends the Internal Revenue Code to revise procedures for the filing of federal tax liens.
Direct the Secretary of the Treasury to establish and maintain a federal tax lien registry, in lieu of filing tax liens in local jurisdictions, which would be accessible to and searchable by the public through the Internet at no cost.
Establishes the priority of a federal tax lien based upon the date and time of the filing of a notice of lien in the federal tax lien registry.
Reduces the period for releasing satisfied or unenforceable tax liens from 30 to 10 days. | A bill to amend the Internal Revenue Code of 1986 to simplify, modernize, and improve public notice of and access to tax lien information by providing for a national, Internet accessible, filing system for Federal tax liens, and for other purposes. |
936 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``SEC Regulatory Accountability Act''.
SEC. 2. CONSIDERATION BY THE SECURITIES AND EXCHANGE COMMISSION OF THE
COSTS AND BENEFITS OF ITS REGULATIONS AND CERTAIN OTHER
AGENCY ACTIONS.
Section 23 of the Securities Exchange Act of 1934 (15 U.S.C. 78w)
is amended by adding at the end the following:
``(e) Consideration of Costs and Benefits.--
``(1) In general.--Before issuing a regulation under the
securities laws, as defined in section 3(a), the Commission
shall--
``(A) clearly identify the nature and source of the
problem that the proposed regulation is designed to
address, as well as assess the significance of that
problem, to enable assessment of whether any new
regulation is warranted;
``(B) utilize the Chief Economist to assess the
costs and benefits, both qualitative and quantitative,
of the intended regulation and propose or adopt a
regulation only on a reasoned determination that the
benefits of the intended regulation justify the costs
of the regulation;
``(C) identify and assess available alternatives to
the regulation that were considered, including
modification of an existing regulation, together with
an explanation of why the regulation meets the
regulatory objectives more effectively than the
alternatives; and
``(D) ensure that any regulation is accessible,
consistent, written in plain language, and easy to
understand and shall measure, and seek to improve, the
actual results of regulatory requirements.
``(2) Considerations and actions.--
``(A) Required actions.--In deciding whether and
how to regulate, the Commission shall assess the costs
and benefits of available regulatory alternatives,
including the alternative of not regulating, and choose
the approach that maximizes net benefits. Specifically,
the Commission shall--
``(i) consistent with the requirements of
section 3(f) (15 U.S.C. 78c(f)), section 2(b)
of the Securities Act of 1933 (15 U.S.C.
77b(b)), section 202(c) of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-2(c)), and
section 2(c) of the Investment Company Act of
1940 (15 U.S.C. 80a-2(c)), consider whether the
rulemaking, in addition to being in the
interest of protecting investors, will promote
efficiency, competition, and capital formation;
``(ii) evaluate whether, consistent with
obtaining regulatory objectives, the regulation
is tailored to impose the least burden on
society, including market participants,
individuals, businesses of differing sizes, and
other entities (including State and local
governmental entities), taking into account, to
the extent practicable, the cumulative costs of
regulations; and
``(iii) evaluate whether the regulation is
inconsistent, incompatible, or duplicative of
other Federal regulations.
``(B) Additional considerations.--In addition, in
making a reasoned determination of the costs and
benefits of a potential regulation, the Commission
shall, to the extent that each is relevant to the
particular proposed regulation, take into consideration
the impact of the regulation on--
``(i) investor choice;
``(ii) market liquidity in the securities
markets; and
``(iii) small businesses.
``(3) Explanation and comments.--The Commission shall
explain in its final rule the nature of comments that it
received, including those from the industry or consumer groups
concerning the potential costs or benefits of the proposed rule
or proposed rule change, and shall provide a response to those
comments in its final rule, including an explanation of any
changes that were made in response to those comments and the
reasons that the Commission did not incorporate those industry
group concerns related to the potential costs or benefits in
the final rule.
``(4) Review of existing regulations.--Not later than 1
year after the date of enactment of the SEC Regulatory
Accountability Act, and every 5 years thereafter, the
Commission shall review its regulations to determine whether
any such regulations are outmoded, ineffective, insufficient,
or excessively burdensome, and shall modify, streamline,
expand, or repeal them in accordance with such review. Whenever
pursuant to this paragraph the Commission is engaged in a
review, it shall consider whether an action is necessary or
appropriate in the public interest, the protection of
investors, and whether the action will promote efficiency,
competition, and capital formation. In reviewing any regulation
(including, notwithstanding paragraph (6), a regulation issued
in accordance with formal rulemaking provisions) that subjects
issuers with a public float of $250,000,000 or less to the
attestation and reporting requirements of section 404(b) of the
Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262(b)), the Commission
shall specifically take into account the large burden of such
regulation when compared to the benefit of such regulation.
``(5) Post-adoption impact assessment.--
``(A) In general.--Whenever the Commission adopts
or amends a regulation designated as a `major rule'
within the meaning of section 804(2) of title 5, United
States Code, it shall state, in its adopting release,
the following:
``(i) The purposes and intended
consequences of the regulation.
``(ii) Appropriate post-implementation
quantitative and qualitative metrics to measure
the economic impact of the regulation and to
measure the extent to which the regulation has
accomplished the stated purposes.
``(iii) The assessment plan that will be
used, consistent with the requirements of
subparagraph (B) and under the supervision of
the Chief Economist of the Commission, to
assess whether the regulation has achieved the
stated purposes.
``(iv) Any unintended or negative
consequences that the Commission foresees may
result from the regulation.
``(B) Requirements of assessment plan and report.--
``(i) Requirements of plan.--The assessment
plan required under this paragraph shall
consider the costs, benefits, and intended and
unintended consequences of the regulation. The
plan shall specify the data to be collected,
the methods for collection and analysis of the
data and a date for completion of the
assessment. The assessment plan shall include
an analysis of any jobs added or lost as a
result of the regulation, differentiating
between public and private sector jobs.
``(ii) Submission and publication of
report.--The Chief Economist shall submit the
completed assessment report to the Commission
no later than 2 years after the publication of
the adopting release, unless the Commission, at
the request of the Chief Economist, has
published at least 90 days before such date a
notice in the Federal Register extending the
date and providing specific reasons why an
extension is necessary. Within 7 days after
submission to the Commission of the final
assessment report, it shall be published in the
Federal Register for notice and comment. Any
material modification of the plan, as necessary
to assess unforeseen aspects or consequences of
the regulation, shall be promptly published in
the Federal Register for notice and comment.
``(iii) Data collection not subject to
notice and comment requirements.--If the
Commission has published its assessment plan
for notice and comment, specifying the data to
be collected and method of collection, at least
30 days prior to adoption of a final regulation
or amendment, such collection of data shall not
be subject to the notice and comment
requirements in section 3506(c) of title 44,
United States Code (commonly referred to as the
Paperwork Reduction Act). Any material
modifications of the plan that require
collection of data not previously published for
notice and comment shall also be exempt from
such requirements if the Commission has
published notice for comment in the Federal
Register of the additional data to be
collected, at least 30 days prior to initiation
of data collection.
``(iv) Final action.--Not later than 180
days after publication of the assessment report
in the Federal Register, the Commission shall
issue for notice and comment a proposal to
amend or rescind the regulation, or publish a
notice that the Commission has determined that
no action will be taken on the regulation. Such
a notice will be deemed a final agency action.
``(6) Covered regulations and other agency actions.--Solely
as used in this subsection, the term `regulation'--
``(A) means an agency statement of general
applicability and future effect that is designed to
implement, interpret, or prescribe law or policy or to
describe the procedure or practice requirements of an
agency, including rules, orders of general
applicability, interpretive releases, and other
statements of general applicability that the agency
intends to have the force and effect of law; and
``(B) does not include--
``(i) a regulation issued in accordance
with the formal rulemaking provisions of
section 556 or 557 of title 5, United States
Code;
``(ii) a regulation that is limited to
agency organization, management, or personnel
matters;
``(iii) a regulation promulgated pursuant
to statutory authority that expressly prohibits
compliance with this provision; and
``(iv) a regulation that is certified by
the agency to be an emergency action, if such
certification is published in the Federal
Register.''.
SEC. 3. SENSE OF CONGRESS RELATING TO OTHER REGULATORY ENTITIES.
It is the sense of the Congress that the Public Company Accounting
Oversight Board should also follow the requirements of section 23(e) of
such Act, as added by this title.
SEC. 4. ACCOUNTABILITY PROVISION RELATING TO OTHER REGULATORY ENTITIES.
A rule adopted by the Municipal Securities Rulemaking Board or any
national securities association registered under section 15A of the
Securities Exchange Act of 1934 (15 U.S.C. 78o-3) shall not take effect
unless the Securities and Exchange Commission determines that, in
adopting such rule, the Board or association has complied with the
requirements of section 23(e) of such Act,
as added by section 2, in the same manner as is required by the
Commission under such section 23(e).
Passed the House of Representatives January 12, 2017.
Attest:
KAREN L. HAAS,
Clerk. | SEC Regulatory Accountability Act (Sec. 2) This bill amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC) to: before issuing a regulation under the securities laws, identify the nature and source of the problem that the proposed regulation is designed to address; adopt a regulation only upon a reasoned determination that its benefits justify its costs; identify and assess available alternatives to any regulation; and ensure that any regulation is accessible, consistent, written in plain language, and easy to understand. In determining the costs and benefits of a proposed regulation, the SEC shall consider its impact on investor choice, market liquidity, and small businesses. In addition, the SEC shall: (1) periodically review its existing regulations to determine if they are outmoded, ineffective, insufficient, or excessively burdensome; and (2) in accordance with such review, modify, streamline, expand, or repeal them. Whenever it adopts or amends a rule that is "major" (in terms of economic impact), the SEC shall state in its adopting release: (1) the regulation's purposes and intended consequences, (2) metrics for measuring the regulation's economic impact, (3) the assessment plan to be used to assess whether the regulation has achieved its stated purposes, and (4) any foreseeable unintended or negative consequences of the regulation. | SEC Regulatory Accountability Act |
937 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Fetal Alcohol Syndrome
Prevention Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Fetal Alcohol Syndrome is the leading known cause of
mental retardation, and it is 100 percent preventable;
(2) each year, more than 5,000 infants are born in the
United States with Fetal Alcohol Syndrome, suffering
irreversible physical and mental damage;
(3) thousands more infants are born each year with Fetal
Alcohol Effects, which are lesser, though still serious,
alcohol-related birth defects;
(4) Fetal Alcohol Syndrome and Fetal Alcohol Effects are
national problems which can impact any child, family, or
community, but their threat to American Indians and Alaska
Natives is especially alarming;
(5) in some American Indian communities, where alcohol
dependency rates reach 50 percent and above, the chances of a
newborn suffering Fetal Alcohol Syndrome or Fetal Alcohol
Effects are 30 times greater than national averages;
(6) in addition to the immeasurable toll on children and
their families, Fetal Alcohol Syndrome and Fetal Alcohol
Effects pose extraordinary financial costs to the Nation,
including the costs of health care, education, foster care, job
training, and general support services for affected
individuals;
(7) as a reliable comparison, delivery and care costs are
four times greater for infants who were exposed to illicit
substances than for infants with no indication of substance
exposure, and over a lifetime, health care costs for one Fetal
Alcohol Syndrome child are estimated to be at least $1,400,000;
(8) researchers have determined that the possibility of
giving birth to a baby with Fetal Alcohol Syndrome or Fetal
Alcohol Effects increases in proportion to the amount and
frequency of alcohol consumed by a pregnant woman, and that
stopping alcohol consumption at any point in the pregnancy
reduces the risks and the emotional, physical, and mental
consequences of alcohol exposure to the baby; and
(9) we know of no safe dose of alcohol during pregnancy, or
of any safe time to drink during pregnancy, thus, it is in the
best interest of the Nation for the Federal Government to take
an active role in encouraging all women to abstain from alcohol
consumption during pregnancy.
SEC. 3. PURPOSE.
It is the purpose of this Act to establish, within the Department
of Health and Human Services, a comprehensive program to help prevent
Fetal Alcohol Syndrome and Fetal Alcohol Effects nationwide. Such
program shall--
(1) coordinate, support, and conduct basic and applied
epidemiologic research concerning Fetal Alcohol Syndrome and
Fetal Alcohol Effects;
(2) coordinate, support, and conduct national, State, and
community-based public awareness, prevention, and education
programs on Fetal Alcohol Syndrome and Fetal Alcohol Effects;
and
(3) foster coordination among all Federal agencies that
conduct or support Fetal Alcohol Syndrome and Fetal Alcohol
Effects research, programs, and surveillance and otherwise meet
the general needs of populations actually or potentially
impacted by Fetal Alcohol Syndrome and Fetal Alcohol Effects.
SEC. 4. ESTABLISHMENT OF PROGRAM.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by adding at the end thereof the following new part:
``PART O--FETAL ALCOHOL SYNDROME PREVENTION PROGRAM
``SEC. 399G. ESTABLISHMENT OF FETAL ALCOHOL SYNDROME PREVENTION
PROGRAM.
``(a) Fetal Alcohol Syndrome Prevention Program.--The Secretary
shall establish a comprehensive Fetal Alcohol Syndrome and Fetal
Alcohol Effects prevention program that shall include--
``(1) an education and public awareness program to--
``(A) support, conduct, and evaluate the
effectiveness of--
``(i) training programs concerning the
prevention, diagnosis, and treatment of Fetal
Alcohol Syndrome and Fetal Alcohol Effects;
``(ii) prevention and education programs,
including school health education and school-
based clinic programs for school-age children,
concerning Fetal Alcohol Syndrome and Fetal
Alcohol Effects; and
``(iii) public and community awareness
programs concerning Fetal Alcohol Syndrome and
Fetal Alcohol Effects;
``(B) provide technical and consultative assistance
to States, Indian tribal governments, local
governments, scientific and academic institutions, and
nonprofit organizations concerning the programs
referred to in subparagraph (A); and
``(C) award grants to, and enter into cooperative
agreements and contracts with, States, Indian tribal
governments, local governments, scientific and academic
institutions, and nonprofit organizations for the
purpose of--
``(i) evaluating the effectiveness, with
particular emphasis on the cultural competency
and age-appropriateness, of programs referred
to in subparagraph (A);
``(ii) providing training in the
prevention, diagnosis, and treatment of Fetal
Alcohol Syndrome and Fetal Alcohol Effects;
``(iii) educating school-age children,
including pregnant and high-risk youth,
concerning Fetal Alcohol Syndrome and Fetal
Alcohol Effects, with priority given to
programs that are part of a sequential,
comprehensive school health education program;
and
``(iv) increasing public and community
awareness concerning Fetal Alcohol Syndrome and
Fetal Alcohol Effects through culturally
competent projects, programs, and campaigns,
and improving the understanding of the general
public and targeted groups concerning the most
effective intervention methods to prevent fetal
exposure to alcohol;
``(2) an applied epidemiologic research and prevention
program to--
``(A) support and conduct research on the causes,
mechanisms, diagnostic methods, treatment, and
prevention of Fetal Alcohol Syndrome and Fetal Alcohol
Effects;
``(B) provide technical and consultative assistance
and training to States, Tribal governments, local
governments, scientific and academic institutions, and
nonprofit organizations engaged in the conduct of--
``(i) Fetal Alcohol Syndrome prevention and
early intervention programs; and
``(ii) research relating to the causes,
mechanisms, diagnosis methods, treatment, and
prevention of Fetal Alcohol Syndrome and Fetal
Alcohol Effects; and
``(C) award grants to, and enter into cooperative
agreements and contracts with, States, Indian tribal
governments, local governments, scientific and academic
institutions, and nonprofit organizations for the
purpose of--
``(i) conducting innovative demonstration
and evaluation projects designed to determine
effective strategies, including community-based
prevention programs and multicultural education
campaigns, for preventing and intervening in
fetal exposure to alcohol;
``(ii) improving and coordinating the
surveillance and ongoing assessment methods
implemented by such entities and the Federal
Government with respect to Fetal Alcohol
Syndrome and Fetal Alcohol Effects;
``(iii) developing and evaluating effective
age-appropriate and culturally competent
prevention programs for children, adolescents,
and adults identified as being at-risk of
becoming chemically dependent on alcohol and
associated with or developing Fetal Alcohol
Syndrome and Fetal Alcohol Effects; and
``(iv) facilitating coordination and
collaboration among Federal, State, local
government, Indian tribal, and community-based
Fetal Alcohol Syndrome prevention programs;
``(3) a basic research program to support and conduct basic
research on services and effective prevention treatments and
interventions for pregnant alcohol-dependent women and
individuals with Fetal Alcohol Syndrome and Fetal Alcohol
Effects;
``(4) a procedure for disseminating the Fetal Alcohol
Syndrome and Fetal Alcohol Effects diagnostic criteria
developed pursuant to section 705 of the ADAMHA Reorganization
Act (42 U.S.C. 485n note) to health care providers, educators,
social workers, child welfare workers, and other individuals;
and
``(5) the establishment, in accordance with subsection (b),
of an interagency task force on Fetal Alcohol Syndrome and
Fetal Alcohol Effects to foster coordination among all Federal
agencies that conduct or support Fetal Alcohol Syndrome and
Fetal Alcohol Effects research, programs, and surveillance, and
otherwise meet the general needs of populations actually or
potentially impacted by Fetal Alcohol Syndrome and Fetal
Alcohol Effects.
``(b) Interagency Task Force.--
``(1) Membership.--The Task Force established pursuant to
paragraph (5) of subsection (a) shall--
``(A) be chaired by the Secretary or a designee of
the Secretary, and staffed by the Administration; and
``(B) include representatives from all relevant
agencies and offices within the Department of Health
and Human Services, the Department of Agriculture, the
Department of Education, the Department of Defense, the
Department of the Interior, the Department of Justice,
the Department of Veterans Affairs, the Bureau of
Alcohol, Tobacco and Firearms, the Federal Trade
Commission, and any other relevant Federal agency.
``(2) Functions.--The Task Force shall--
``(A) coordinate all Federal programs and research
concerning Fetal Alcohol Syndrome and Fetal Alcohol
Effects, including programs that--
``(i) target individuals, families, and
populations identified as being at risk of
acquiring Fetal Alcohol Syndrome and Fetal
Alcohol Effects; and
``(ii) provide health, education,
treatment, and social services to infants,
children, and adults with Fetal Alcohol
Syndrome and Fetal Alcohol Effects;
``(B) coordinate its efforts with existing
Department of Health and Human Services task forces on
substance abuse prevention and maternal and child
health; and
``(C) report on a biennial basis to the Secretary
and relevant committees of Congress on the current and
planned activities of the participating agencies.
``SEC. 399H. ELIGIBILITY.
``To be eligible to receive a grant, or enter into a cooperative
agreement or contract under this part, an entity shall--
``(1) be a State, Indian tribal government, local
government, scientific or academic institution, or nonprofit
organization; and
``(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may prescribe, including a description of the
activities that the entity intends to carry out using amounts
received under this part.
``SEC. 399I. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part,
such sums as are necessary for each of the fiscal years 1995 through
1998.''. | Comprehensive Fetal Alcohol Syndrome Prevention Act - Amends the Public Health Service Act to establish a comprehensive Fetal Alcohol Syndrome and Fetal Alcohol Effects prevention program, including an education and public awareness program, an applied epidemiologic research and prevention program, support for and the conducting of basic research, a procedure for disseminating diagnostic criteria, and an Inter-Agency Task Force on Fetal Alcohol Syndrome and Fetal Alcohol Effects.
Provides for related technical assistance, grants, cooperative agreements, contracts, and professional education.
Authorizes appropriations. | Comprehensive Fetal Alcohol Syndrome Prevention Act |
938 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Haitian Protection Act of 2007''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Haiti remains severely devastated by the combined
effects of ongoing political turmoil and the aftermath of the
natural disasters of 2004, such as Tropical Storm Jeanne and
Hurricane Ivan.
(2) In Haiti, more than 2,500 people died as a result of
Tropical Storm Jeanne in 2004.
(3) The civil protection agency of Haiti stated that
250,000 people were homeless across the country and at least
4,000 homes were destroyed, with thousands more damaged, as a
result of the storm.
(4) When Tropical Storm Jeanne hit, Haiti was already
struggling to deal with political instability and the aftermath
of serious floods from a heavy rain on May 26, 2004, which
killed over 3,000 people.
(5) Despite President Preval's popular internal and
international support, his nascent democratic government still
faces immense political and institutional challenges, including
a sharp increase in common crime, especially kidnappings which
continue to plague the capital and other cities and regions,
and the rebuilding of Haiti's police and judicial institutions
to achieve the fair and prompt tackling of this ongoing
political and criminal violence.
(6) On Thursday, December 21, 2006, UNICEF issued a
statement condemning the increased kidnappings of children in
Haiti.
(7) As of January 2007, the Department of State maintains a
travel warning to United States citizens warning them of the
absence of an effective police force in much of Haiti; the
potential for looting; the presence of intermittent roadblocks
set by armed gangs or by the police; and the possibility of
random violent crime, including carjacking and assault. The
warning states that kidnapping for ransom remains a serious
threat, with more than 50 American citizens, including
children, kidnapped over the past year.
(8) As of January 2007, the Department of State's Consular
Information Sheet states that ``United States Embassy personnel
are under an embassy-imposed curfew and must remain in their
homes or in United States government facilities during the
curfew. The embassy has limited travel by its staff outside of
Port-au-Prince and therefore its ability to provide emergency
services to United States citizens outside of Port-au-Prince is
constrained''.
(9) While United States policy advises Americans that
current conditions make it unsafe to travel to Haiti, the same
conditions make it dangerous and inappropriate to forcibly
repatriate Haitians at this time.
(10) Recent devastating environmental disasters from which
Haiti has not recovered, continuing violence, and unstable
political conditions pose a serious threat at this time to the
personal safety of anyone forcibly repatriated to Haiti.
(11) The Haitian government's ability to provide basic
governmental services--clean water, education, passable road
and basic healthcare--has been severely compromised by the
natural disasters and disrupted by the violent overthrow of the
constitutional government in 2004. Repatriating Haitians
exposes them to these dangerous conditions, while imposing an
additional burden on government resources that are already
stretched too thin.
(12) Haiti's recent political, civil, and governmental
crises; and the extraordinary and temporary conditions caused
by nature, including floods, epidemics, homelessness, death and
the burying of Haiti's fourth largest city, Gonaives, easily
make Haitian nationals currently in the United States eligible
for temporary protected status under subparagraphs (B) and (C)
of sections 244(b)(1) of the Immigration and Nationality Act
(``TPS'') .
(13) Moreover, there is a well-documented history of
discrimination against Haitian nationals in the United States
immigration process.
(14) Temporary protected status grants temporary protection
from deportation to nationals of a country in which
environmental or political events have occurred which make it
temporarily unsafe to deport them. TPS has been granted to
nationals of many countries including those of Nicaragua and
Honduras in 1999 following Hurricane Mitch, and of El Salvador
in 2001 following severe earthquakes.
(15) TPS would help protect United States borders by
preserving remittances sent by potential deportees. Haitian
immigrants in the United States remit about $1 billion annually
to Haiti. These remittances vastly outweigh, in dollar value,
United States foreign aid to Haiti, and are crucial to Haiti's
recovery from the separate and combined effects of years of
severe environmental disasters, paralyzing political turmoil,
violence, and institutional failure
(16) Granting Haitians TPS would also directly assist
Haiti's nascent democracy in its efforts to recover from these
conditions, stabilize the country's economy, rebuild its
political and economic institutions, and provide a future of
hope for Haiti's people.
SEC. 3. DESIGNATION FOR PURPOSES OF GRANTING TEMPORARY PROTECTED STATUS
TO HAITIANS.
(a) Designation.--
(1) In general.--For purposes of section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a), Haiti shall
be treated as if such country had been designated under
subsection (b) of that section, subject to the provisions of
this section.
(2) Period of designation.--The initial period of such
designation shall begin on the date of enactment of this Act
and shall remain in effect for 18 months.
(b) Aliens Eligible.--In applying section 244 of the Immigration
and Nationality Act (8 U.S.C. 1254a) pursuant to the designation made
under this section, and subject to subsection (c)(3) of such section,
an alien who is a national of Haiti is deemed to meet the requirements
of subsection (c)(1) of such section only if the alien--
(1) is admissible as an immigrant, except as otherwise
provided under subsection (c)(2)(A) of such section, and is not
ineligible for temporary protected status under subsection
(c)(2)(B) of such section; and
(2) registers for temporary protected status in a manner
that the Secretary of Homeland Security shall establish.
(c) Consent to Travel Abroad.--The Secretary of Homeland Security
shall give the prior consent to travel abroad described in section
244(f)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(3))
to an alien who is granted temporary protected status pursuant to the
designation made under this section, if the alien establishes to the
satisfaction of the Secretary of Homeland Security that emergency and
extenuating circumstances beyond the control of the alien require the
alien to depart for a brief, temporary trip abroad. An alien returning
to the United States in accordance with such an authorization shall be
treated the same as any other returning alien provided temporary
protected status under section 244 of the Immigration and Nationality
Act (8 U.S.C. 1254a). | Haitian Protection Act of 2007 - Requires the Secretary of Homeland Security to designate Haiti as a country whose qualifying nationals may be eligible for temporary protected status.
Provides for: (1) an initial 18-month designation period; and (2) authorization for temporary travel abroad. | To designate Haiti under section 244 of the Immigration and Nationality Act in order to render nationals of Haiti eligible for temporary protected status under such section. |
939 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jumpstart VA Construction Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The buildings of the Department of Veterans Affairs
have an average age of 60 years.
(2) Since 2004, use of Department facilities has grown from
80 percent to 120 percent, while the condition of these
facilities has eroded from 81 percent to 71 percent over that
same period of time.
(3) The Department currently manages and maintains more
than 5,600 buildings and almost 34,000 acres of land.
(4) More than 3,900 infrastructure gaps remain that will
cost between $54,000,000,000 and $66,000,000,000 to close,
including $10,000,000,000 in activation costs.
(5) The Veterans Health Administration has 21 major
construction projects dating to 2007 that have been only
partially funded.
(6) The total unobligated amount for all currently budgeted
major construction projects exceeds $2,900,000,000.
(7) To finish existing projects and to close current and
future gaps, the Department will need to invest at least
$23,200,000,000 over the next 10 years.
(8) At current requested funding levels, it will take more
than 67 years to complete the 10-year capital investment plan
of the Department.
SEC. 3. PILOT PROGRAM FOR THE CONSTRUCTION OF DEPARTMENT OF VETERANS
AFFAIRS MAJOR MEDICAL FACILITY PROJECTS BY NON-FEDERAL
ENTITIES UNDER PARTNERSHIP AGREEMENTS.
(a) In General.--The Secretary of Veterans Affairs shall carry out
a 10-year pilot program under which the Secretary shall enter into
partnership agreements on a competitive basis with appropriate non-
Federal entities for the construction of major construction projects
authorized by law.
(b) Selection of Projects.--
(1) In general.--The Secretary shall select 10 major
construction projects for completion by non-Federal entities
under the pilot program. Each project selected shall be a major
medical facility project authorized by law for the construction
of a new facility for which--
(A) Congress has appropriated any funds;
(B) the design and development phase is complete;
and
(C) construction has not begun, as of the date of
the enactment of this Act.
(2) Type of projects.--In selecting major construction
projects under paragraph (1), the Secretary shall select--
(A) four seismic-related projects;
(B) four community based outpatient clinic-related
projects; and
(C) two other projects.
(c) Agreements.--Each partnership agreement for a construction
project under the pilot program shall provide that--
(1) the non-Federal entity shall obtain any permits
required pursuant to Federal and State laws before beginning to
carry out construction; and
(2) if requested by the non-Federal entity, the Secretary
shall provide technical assistance for obtaining any necessary
permits for the construction project.
(d) Responsibilities of Secretary.--The Secretary shall--
(1) appoint a non-Department of Veterans Affairs entity as
the project manager of each major construction project for
which the Secretary enters into a partnership agreement under
the pilot program;
(2) ensure that the project manager appointed under
paragraph (1) develops and implements a project management plan
to ensure concise and consistent communication of all parties
involved in the project;
(3) work in cooperation with each non-Federal entity with
which the Secretary enters into a partnership agreement to
minimize multiple change orders;
(4) develop metrics to monitor change order process times,
with the intent of expediting any change order; and
(5) monitor any construction project carried out by a non-
Federal entity under the pilot program to ensure that such
construction is in compliance with the Federal Acquisition
Regulations and Department of Veterans Affairs acquisition
regulations and that the costs are reasonable.
(e) Reimbursement.--
(1) In general.--The Secretary shall reimburse, without
interest, a non-Federal entity that carries out work pursuant
to a partnership agreement under the pilot program in an amount
equal to the estimated Federal share of the cost of such work.
Any costs that exceed the amount originally agreed upon between
the Secretary and the non-Federal entity shall be paid by the
non-Federal entity. The Secretary may commence making payments
to a non-Federal entity under this subsection upon entering
into a partnership agreement with the entity under this
section.
(2) Limitation.--The Secretary may not make any
reimbursement payment under this subsection until the Secretary
determines that the work for which the reimbursement is
requested has been performed in accordance with applicable
permits and approved plans.
(3) Budget requests.--The Secretary shall budget for
reimbursement under this section on a schedule that is
consistent with the budgeting process of the Department and the
ongoing Strategic Capital Investment Planning priorities list.
(f) Comptroller General Report.--The Comptroller General of the
United States shall submit to Congress a biennial report on the
partnership agreements entered into under the pilot program.
(g) Deadline for Implementation.--The Secretary shall begin
implementing the pilot program under this section by not later than 180
days after the date of the enactment of this Act. | Jumpstart VA Construction Act - Requires the Secretary of Veterans Affairs to carry out a 10-year pilot program of entering into partnership agreements on a competitive basis with appropriate non-federal entities for major authorized construction projects. Directs the Secretary to select 10 major medical facility projects authorized for the construction of a new facility for which: (1) Congress has appropriated funds, (2) the design and development phase is complete, and (3) construction has not begun as of the date of enactment of this Act. Requires four of such projects to be seismic-related projects and four to be community based outpatient clinic-related projects. Directs the Secretary to: (1) appoint a non-Department of Veterans Affairs (VA) entity as the project manager of each project; (2) ensure that the project manager implements a project management plan to ensure concise and consistent communication of all parties involved; (3) work in cooperation with each participating non-federal entity to minimize multiple change orders; (4) develop metrics to monitor change order process times, with the intent of expediting any change order; and (5) monitor construction to ensure that it is in compliance with the Federal Acquisition Regulations and VA acquisition regulations and that the costs are reasonable. | Jumpstart VA Construction Act |
940 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investment in After-School Programs
Act of 2008''.
SEC. 2. AFTER-SCHOOL PROGRAMS.
Subtitle D of the Consolidated Farm and Rural Development Act is
amended by inserting after section 365 (7 U.S.C. 2008) the following:
``SEC. 366. AFTER-SCHOOL PROGRAMS.
``(a) Purpose.--The purpose of this section is to enhance after-
school programs in rural areas by helping communities--
``(1) to establish after-school programs; and
``(2) to improve existing programs by overcoming barriers
to service.
``(b) Definitions.--In this section:
``(1) After-school program.--The term `after-school
program' means a program that carries out a broad array of
activities during periods when school is not in session (such
as before school, after school, or during summer recess and
other vacation periods) that advance student academic
achievement and promote positive youth development.
``(2) Eligible entity.--The term `eligible entity' means a
local educational agency (as such term is defined in section
9101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)), community-based organization, another public or
private entity, or a consortium of 2 or more such agencies,
organizations, or entities.
``(3) Rural area.--The term `rural area' means an area that
is served by an elementary or secondary school that is
designated with a school locale code of Distant Town, Remote
Town, Fringe Rural, Distant Rural, or Remote Rural, as
determined by the Secretary of Education.
``(c) Grants.--
``(1) In general.--The Secretary shall make grants to
eligible entities to improve, expand, or establish after-school
programs in rural areas.
``(2) Requirement.--Each grant under this section shall be
in an amount of not less than $50,000.
``(d) Duration.--
``(1) Term of grant.--The term of a grant under this
section may not be for less than 3 years.
``(2) Renewal.--The Secretary may renew a grant under this
section for a period of not less than 3 years, based on the
performance of the eligible entity during the previous grant
term.
``(e) Uses.--As a condition of the receipt of a grant under this
section, an eligible entity shall use the grant to fund projects and
activities described in subsection (c), including transportation,
professional development, training, recruitment and retention of staff,
increasing access to technology, and planning.
``(f) Evaluation.--The Secretary may use not more than 1 percent of
the funds under this section--
``(1) to conduct evaluations of the effectiveness of
programs and activities assisted under subsection (c); and
``(2) to disseminate the results of those evaluations for
the purpose of refining, improving, and strengthening programs.
``(g) Outreach, Training, and Technical Assistance.--The Secretary
may use not more than 3 percent of the funds made available to carry
out this section--
``(1) to conduct outreach, including bidders' conferences,
to ensure widespread knowledge of the availability of resources
described in subsection (c);
``(2) to disseminate information on best practices and
successful program models for serving children and youth in
rural areas; and
``(3) to provide capacity building, training, and technical
assistance to afterschool programs and providers in rural
areas.
``(h) Application.--
``(1) In general.--To be considered for a grant under this
section, each eligible entity shall submit to the Secretary an
application at such time, in such manner, and accompanied by
such information as the Secretary may require.
``(2) Contents.--An application submitted pursuant to
paragraph (1) shall include--
``(A) a description of the after-school program to
be funded, including--
``(i) an assurance that the program will
take place in a safe and easily accessible
facility;
``(ii) a description of how children and
youth participating in the program will travel
safely between the program site and home;
``(iii) a description of how the eligible
entity will disseminate information about the
program, including the location of the program,
to the community in a manner that is
understandable and accessible; and
``(iv) a description of the services to be
provided to children and youth, the roles and
responsibilities of the partners in providing
the services, and how the services enhance an
existing after-school program;
``(B) an assurance that the proposed program was
developed, and will be carried out, in active
collaboration with the schools the students attend;
``(C) an assurance that funds provided under this
section will be used to increase the level of State,
local, and other non-Federal funds that would, in the
absence of funds under this section, be made available
for programs and activities authorized under this
section, and in no case supplant Federal, State, local,
or non-Federal funds;
``(D) a description of the partnership between a
local educational agency, a community-based
organization, or another public entity or private
entity, if applicable; and
``(E) such additional assurances as the Secretary
determines to be necessary to ensure compliance with
this section.
``(i) Priority.--The Secretary shall give priority to applications
that propose partnerships between 2 or more eligible entities.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $50,000,000 for fiscal year 2009;
``(2) $75,000,000 for fiscal year 2010;
``(3) $100,000,000 for fiscal year 2011;
``(4) $125,000,000 for fiscal year 2012; and
``(5) $150,000,000 for fiscal year 2013.''. | Investment in After-School Programs Act of 2008 - Amends the Consolidated Farm and Rural Development Act to direct the Secretary of Agriculture to award grants to local educational agencies, community-based organizations, or other entities to improve, expand, or establish rural after-school programs that provide students with a broad array of activities when school is not in session that improve their academic performance and promote their positive development.
Requires eligible programs to be implemented in active collaboration with the schools the students attend and take place in safe and easily accessible facilities.
Gives grant priority to partnerships between two or more entities eligible for such grants. | A bill to enhance after-school programs in rural areas of the United States by establishing a pilot program to help communities establish and improve rural after-school programs. |
941 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Patient Access to
Healthcare Records Act of 2016''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Health Insurance Portability and Accountability Act
of 1996 (``HIPAA''), through certain of its implementing
regulations known as the Privacy Rule, protects the health
information of enrollees of health plans and other individuals
(in this section referred to as ``protected health
information'').
(2) The HIPAA Privacy Rule applies to protected health
information held by health care providers, plans, and
clearinghouses, which are known as ``covered entities''. Such
Rule also applies to vendors that perform certain functions for
covered entities and thereby come into possession of protected
health information. The HIPAA Privacy Rule refers to these
vendors as ``business associates''.
(3) The HIPAA Privacy Rule applies both to the internal use
of protected health information by covered entities and their
business associates and to the disclosure of such information
to other parties.
(4) Covered entities and their business associates are
subject to substantial civil and criminal penalties if they use
or disclose protected health information in violation of the
HIPAA Privacy Rule.
(5) Clearinghouses play a unique, central role in the
health care system, interacting with both health care providers
and plans. Clearinghouses convert information from providers
into claims-processing standard electronic formats and then
submit the claims to the plans and finally send providers the
plan payments.
(6) Claims and other data held by clearinghouses could be
analyzed longitudinally and geographically, providing powerful
analytical tools that could benefit the overall health care
system and facilitate medical innovation in the 21st Century.
(7) Clearinghouses are unable to unlock the benefits of
such claims and other data because the HIPAA Privacy Rule
assigns clearinghouses a dual role. Such clearinghouses are not
only covered entities, but are also business associates. The
latter role substantially restricts the ability of
clearinghouses to analyze claims data.
(8) Clearinghouses should not be considered business
associates and should instead have the same ability to use and
disclose health-related data as other types of covered
entities.
(9) Eliminating the business-associate role of
clearinghouses would not affect the applicability of the civil
and criminal penalties that enforce the HIPAA Privacy Rule.
Clearinghouses would continue to be subject to such penalties
in their role as covered entities.
(10) In addition to the uses of health-related information
that the HIPAA Privacy Rule currently authorizes for covered
entities, there are several particular analytical uses that
should be authorized specifically for clearinghouses because of
the unique benefits that would result from authorizing those
uses. Although these particular new analytical uses should be
authorized for clearinghouses, the disclosure of health
information pursuant to these uses should be subject to the
protection principles currently underlying the HIPAA Privacy
Rule, including enforcement principles.
SEC. 3. TREATMENT OF CERTAIN HIPAA-RELATED ACTIVITIES OF HEALTH CARE
CLEARINGHOUSES.
(a) In General.--Subtitle D of the Health Information Technology
for Economic and Clinical Health Act (42 U.S.C. 17921 et seq.) is
amended by adding at the end the following:
``PART 5--HEALTH CARE CLEARINGHOUSES; ANALYTICAL FUNCTIONS TOWARD
IMPROVING THE HEALTH CARE SYSTEM
``SEC. 13451. AUTHORITY REGARDING ANALYTICAL FUNCTIONS TOWARD IMPROVING
THE HEALTH CARE SYSTEM.
``(a) In General.--With respect to the use and disclosure of
protected health information, the Secretary--
``(1) shall not consider health care clearinghouses to be
business associates under this subtitle, part C of title XI of
the Social Security Act, or the regulations promulgated
pursuant to section 264(c) of the Health Insurance Portability
and Accountability Act of 1996 for purposes of carrying out
activities described in section 1171(2) of the Social Security
Act and subsections (b) and (c) of this section; and
``(2) shall consider such clearinghouses to be covered
entities under such provisions of law for such purposes.
``(b) Certain Functions.--The functions that may be carried out by
a health care clearinghouse pursuant to subsection (a) include the
following:
``(1) Promptly upon the request of individuals, providing
such individuals with access to their protected health
information as permitted by section 164.502(a)(1)(i) of title
45, Code of Federal Regulations. In carrying out the previous
sentence, the clearinghouse may charge such an individual a
fee, not to exceed the fair market value, for preparing the
record of such information involved.
``(2) Promptly upon the request of individuals, providing
such individuals with access to their protected health
information as required by section 164.502(a)(2)(i) of title
45, Code of Federal Regulations. In carrying out the previous
sentence, the clearinghouse may charge such an individual a
fee, not to exceed the fair market value, for preparing the
record of such information involved.
``(3) With respect to the access of patients to
experimental treatments and diagnostics, notifying patients
that they may be appropriate candidates as subjects in clinical
research, and conducting research to identify such patients,
pursuant to the preparatory-research provisions of section
164.512(i) of title 45, Code of Federal Regulations, and
pursuant to the regulations referred to in paragraph (1) of
this subsection.
``(4) Making public health disclosures authorized by
sections 164.512(b) or 164.514(e) of title 45, Code of Federal
Regulations, including notifying manufacturers of drugs or
devices about adverse events related to their products pursuant
to such section 164.512(b).
``(5) Research as authorized by sections 164.512(i) or
164.514(e) of title 45, Code of Federal Regulations.
``(6) Consistent with the applicable requirements of
section 164.514 of title 45, Code of Federal Regulations,
creating de-identified health information or a limited data
set.
``(c) Additional Functions.--
``(1) In general.--In addition to the functions that may be
carried out by a health care clearinghouse pursuant to
subsection (a), such a clearinghouse may, subject only to the
privacy protections under paragraph (2), aggregate, use, and
disclose data the clearinghouse possesses in order to carry out
the following functions:
``(A) Prepare reports, analyses, and presentations
on the quality and costs of health care services,
including in specific geographic areas, in order to
assist individuals select health care services and
providers.
``(B) Prepare reports, analyses, and presentations
of health-services outcomes data, including
presentations addressing outcomes of various types of
approaches to a particular disease, disorder, or other
adverse health condition.
``(C) Prepare reports, analyses, and presentations
of epidemiological data to assist decisionmaking in
development programs for new treatments or diagnostics.
``(D) Prepare reports, analyses, and presentations
on costs and charges for health care products and
services.
``(E) Upon the request of a covered entity, prepare
reports, analyses, and presentations that benchmark the
operations of such covered entity against the
operations of one or more other covered entities that
have elected to participate in such benchmarking.
``(2) Privacy.--A health care clearinghouse may carry out
the functions described in paragraph (1) without obtaining any
authorizations under section 164.508 of title 45, Code of
Federal Regulations. For purposes of such paragraph, with
respect to any report, analysis, or presentation provided by
the clearinghouse to a third party, such report, analysis, or
presentation--
``(A) shall include only de-identified data; or
``(B) if containing protected health information,
shall include such data that is--
``(i) subject to a qualifying data use
agreement (as defined in subsection (i)); or
``(ii) provided to the Food and Drug
Administration for purposes authorized by law
for such Administration, subject to protected
health information being disclosed to such
Administration only to the extent necessary for
such purposes.
``(d) Relevant Information.--In the case of a health care
clearinghouse, the authority under subsections (a) through (c) includes
applicability with respect to protected health information collected
from other covered entities and includes applicability with respect to
the aggregation of such information between covered entities.
``(e) Comprehensive Records Per Request of Individual.--For
purposes of subsection (b)(2), when a health care clearinghouse
receives a request from an individual for the protected health
information of the individual, the clearinghouse shall provide to the
individual a comprehensive record of such information (across health
care providers and health plans), unless the clearinghouse determines
in its discretion that providing a comprehensive record is not
technologically feasible. In preparing such record for the individual,
the clearinghouse may, with the permission of the individual, purchase
the protected health care information of the individual from one or
more other health care clearinghouses (and the cost of such purchase
may be included in the fee charged to the individual).
``(f) Situations Not Involving Direct Interaction With
Individuals.--Sections 164.400 through 164.414, sections 164.520
through 164.528, and 164.530 of title 45, Code of Federal Regulations,
apply to a clearinghouse to the extent that it has current contact
information pursuant to direct interaction with the individual. In the
case of each other individual, the clearinghouse shall carry out its
functions under this subtitle, part C of title XI of the Social
Security Act, and the regulations promulgated pursuant to section
264(c) of the Health Insurance Portability and Accountability Act of
1996 as if the clearinghouse were a business associate. The individuals
to whom the preceding sentence applies includes individuals with
respect to whom the sole clearinghouse function is to process or
facilitate the processing of nonstandard data elements of health
information into standard data elements.
``(g) Transition.--With respect to agreements entered into by a
health care clearinghouse before the effective date of this section, a
provision of an agreement that conflicts with this section shall not
have any legal force or effect. The preceding sentence may not be
construed as affecting any provision of an agreement that does not
conflict with this section. A health care clearinghouse shall provide
notice of this subsection to each entity with which the clearinghouse
has an agreement that is affected by this subsection.
``(h) Enforcement.--Section 13410(a)(2) applies to this part in the
same manner as such section applies to parts 1 and 2.
``(i) Definitions.--For purposes of this part:
``(1) The term `de-identified', with respect to health
information, means such information that is not individually
identifiable as determined in accordance with the standards
under section 164.514(b) of title 45, Code of Federal
Regulations.
``(2) The term `health care clearinghouse' has the meaning
given such term in section 1171 of the Social Security Act.
``(3) The term `individual', with respect to protected
health information, has the meaning that applies under section
160.103 of title 45, Code of Federal Regulations.
``(4) The term `qualifying data use agreement' means an
agreement that establishes the permitted uses and disclosures
of protected health information by the recipient for one or
more functions described in subsection (c)(1) and restricts the
use and disclosure of the information by the recipient in the
same manner as applies under paragraphs (e)(4)(ii)(B) and
(e)(4)(ii)(C) (1)-(4) of section 164.514 of title 45, Code of
Federal Regulations, but without regard to the references to
limited data sets.
``(j) Relation to Other Laws.--Section 13421 applies to this part
in the same manner as such section applies to parts 1 and 2, except to
the extent that such section concerns section 1178(a)(2)(B) of the
Social Security Act.''.
(b) Regulations.--Not later than the expiration of the 90-day
period beginning on the date of the enactment of this Act, the
Secretary of Health and Human Services shall promulgate regulations to
carry out the amendment made by subsection (a).
(c) Conforming Amendment.--Section 1171(2) of the Social Security
Act (42 U.S.C. 1320d(2)) is amended by inserting before the period the
following: ``, or that carries out such processing function and in
addition any of the functions authorized in section 13451 of the Health
Information Technology for Economic and Clinical Health Act''. | Ensuring Patient Access to Healthcare Records Act of 2016 This bill amends the Health Information Technology for Economic and Clinical Health Act to allow a health care clearinghouse to use and disclose protected health information under the Health Insurance Portability and Accountability Act (HIPAA).The uses and disclosures include for:(1)research purposes, (2)public health purposes, and (3)releasing protected health information to individuals that request their information. Additionally, a clearinghouse may use and disclose protected health information to prepare and distribute reports that are designed to improve healthcare, subject to certain privacy protections. | Ensuring Patient Access to Healthcare Records Act of 2016 |
942 | SECTION 1. ADJUSTED DIFFERENTIALS.
(a) In General.--Paragraph (1) of section 404(b) of the Federal Law
Enforcement Pay Reform Act of 1990 (5 U.S.C. 5305 note) is amended by
striking the matter after ``follows:'' and inserting the following:
``Area Differential
Atlanta-Sandy Springs-Gainesville, GA-AL, CSA...... 35.99%
Boston-Worcester-Manchester, MA-RI-NH, CSA, plus 44.42%
Barnstable County, MA, and Berwick, Eliot,
Kittery, South Berwick, and York towns in York
County, ME.
Buffalo-Niagara-Cattaraugus, NY, CSA............... 30.66%
Chicago-Naperville-Michigan City, IL-IN-WI, CSA.... 42.73%
Cincinnati-Middletown-Wilmington, OH-KY-IN, CSA.... 25.44%
Cleveland-Akron-Elyria, OH, CSA.................... 32.71%
Columbus-Marion-Chillicothe, OH, CSA............... 28.02%
Dallas-Fort Worth, TX, CSA......................... 36.81%
Dayton-Springfield-Greenville, OH, CSA............. 24.84%
Denver-Aurora-Boulder, CO, CSA, plus the Ft. 35.98%
Collins-Loveland, CO, MSA.
Detroit-Warren-Flint, MI, CSA, plus Lenawee County, 37.92%
MI.
Hartford-West Hartford-Willimantic, CT, CSA, plus 40.50%
the Springfield, MA, MSA and New London County,
CT.
Houston-Baytown-Huntsville, TX, CSA................ 40.66%
Huntsville-Decatur, AL, CSA........................ 32.54%
Indianapolis-Anderson-Columbus, IN, CSA, plus Grant 24.27%
County, IN.
Los Angeles-Long Beach-Riverside, CA, CSA, plus the 43.90%
Santa Barbara-Santa Maria-Goleta, CA, MSA and
Edwards Air Force Base, CA.
Miami-Fort Lauderdale-Pompano Beach, FL, MSA, plus 35.55%
Monroe County, FL.
Milwaukee-Racine-Waukesha, WI, CSA................. 30.53%
Minneapolis-St. Paul-St. Cloud, MN-WI, CSA......... 33.29%
New York-Newark-Bridgeport, NY-NJ-CT-PA, CSA, plus 50.28%
Monroe County, PA, and Warren County, NJ.
Philadelphia-Camden-Vineland, PA-NJ-DE-MD, CSA, 36.76%
plus Kent County, DE, Atlantic County, NJ, and
Cape May County, NJ.
Phoenix-Mesa-Scottsdale, AZ, MSA................... 34.81%
Pittsburgh-New Castle, PA, CSA..................... 28.84%
Portland-Vancouver-Beaverton, OR-WA, MSA, plus 33.56%
Marion County, OR, and Polk County, OR.
Raleigh-Durham-Cary, NC, CSA, plus the 25.23%
Fayetteville, NC, MSA, the Goldsboro, NC, MSA,
and the Federal Correctional Complex, Butner,
NC.
Richmond, VA, MSA.................................. 25.92%
Sacramento-Arden-Arcade-Yuba City, CA-NV, CSA, plus 39.35%
Carson City, NV.
San Diego-Carlsbad-San Marcos, CA, MSA............. 43.49%
San Jose-San Francisco-Oakland, CA, CSA, plus the 59.65%
Salinas, CA, MSA and San Joaquin County, CA.
Seattle-Tacoma-Olympia, WA, CSA, plus Whatcom 39.35%
County, WA.
Washington-Baltimore-Northern Virginia, DC-MD-VA- 53.94%
WV, CSA, plus the Hagerstown-Martinsburg, MD-
WV, MSA, the York-Hanover-Gettysburg, PA, CSA,
and King George County, VA.
Rest of the United States (RUS).................... 23.40%''.
(b) Special Rules.--For purposes of the provision of law amended by
subsection (a)--
(1) the counties of Providence, Kent, Washington, Bristol,
and Newport, RI, the counties of York and Cumberland, ME, and
the city of Concord, NH, shall be treated as if located in the
Boston-Worcester-Lawrence, MA-NH-ME-CT-RI Consolidated
Metropolitan Statistical Area; and
(2) members of the Capitol Police shall be considered to be
law enforcement officers within the meaning of section 402 of
the Federal Law Enforcement Pay Reform Act of 1990.
(c) Effective Date.--The amendment made by subsection (a)--
(1) shall take effect as if included in the enactment of
the Federal Law Enforcement Pay Reform Act of 1990; and
(2) shall be effective only with respect to pay for service
performed in pay periods beginning on or after the date of the
enactment of this Act.
Subsection (b) shall be applied in a manner consistent with the
preceding sentence.
SEC. 2. LIMITATION ON PREMIUM PAY.
(a) In General.--Section 5547 of title 5, United States Code, is
amended--
(1) in subsection (a), by striking ``5545a,'';
(2) in subsection (c), by striking ``or 5545a''; and
(3) in subsection (d), by striking the period and inserting
``or a criminal investigator who is paid availability pay under
section 5545a.''.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of section 1114 of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115
Stat. 1239). | Amends the Federal Law Enforcement Pay Reform Act of 1990 to revise the special pay adjustments for federal law enforcement officers in specified consolidated metropolitan statistical areas. Includes Capitol Police as law enforcement officers under such Act.
Eliminates the limitation on premium pay for federal criminal investigators. | To amend the Federal Law Enforcement Pay Reform Act of 1990 to adjust the percentage differentials payable to Federal law enforcement officers in certain high-cost areas, and for other purposes. |
943 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ombudsman Reauthorization Act of
2005''.
SEC. 2. OFFICE OF OMBUDSMAN.
The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) is amended by
striking section 2008 (42 U.S.C. 6917) and inserting the following:
``SEC. 2008. OFFICE OF OMBUDSMAN.
``(a) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Agency.--The term `Agency' means the Environmental
Protection Agency.
``(3) Deputy ombudsman.--The term `Deputy Ombudsman' means
any individual appointed by the Ombudsman under subsection
(e)(1)(A)(i).
``(4) Office.--The term `Office' means the Office of the
Ombudsman established by subsection (b)(1).
``(5) Ombudsman.--The term `Ombudsman' means the director
of the Office.
``(b) Establishment.--
``(1) In general.--There is established within the Agency
an office to be known as the `Office of the Ombudsman'.
``(2) Oversight.--
``(A) In general.--The Office shall be an
independent office within the Agency.
``(B) Structure.--To the maximum extent
practicable, the structure of the Office shall conform
to relevant professional guidelines, standards, and
practices.
``(3) Head of office.--
``(A) Ombudsman.--The Office shall be directed by
an Ombudsman, who shall be appointed by and report
directly to the Administrator.
``(B) Applicability of certain civil service
laws.--The Ombudsman shall be appointed subject to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and shall be
paid at the rate of basic pay for GS-15 of the General
Schedule.
``(C) Qualifications for and restrictions on
employment.--A person appointed as Ombudsman--
``(i) shall be a person of recognized
judgment, objectivity, and integrity who is
well-equipped to analyze problems of law,
administration, and public policy;
``(ii) shall not have been an employee of
the Agency at any time during the 1-year period
before the date of appointment;
``(iii) shall not have received any grant,
loan, or contract (other than an employment
contract permissible under clause (ii)) from
the Agency during the 5-year period before the
date of appointment; and
``(iv) while serving as Ombudsman, shall
not--
``(I) be actively involved in
political party activities or publicly
endorse, solicit funds for, or make
contributions to political parties or
candidates for elective office;
``(II) be a candidate for or hold
any other elective or appointive public
office; or
``(III) engage in any other
occupation, business, or profession
likely to detract from the full-time
performance of his or her duties as
Ombudsman or to result in a conflict of
interest or an appearance of
impropriety or partiality.
``(D) Term.--The Ombudsman--
``(i) shall serve for a term of 5 years;
and
``(ii) may be reappointed for not more than
1 additional term.
``(E) Removal.--
``(i) In general.--The Administrator may
remove or suspend the Ombudsman from office
only for neglect of duty or malfeasance in
office.
``(ii) Communication to congress.--If the
Administrator removes or suspends the
Ombudsman, the Administrator shall communicate
the reasons for the removal or suspension to
Congress.
``(c) Duties.--The Ombudsman shall--
``(1) receive, and render assistance concerning, any
complaint, grievance, or request for information submitted by
any person relating to any program or requirement of the
Agency; and
``(2) conduct investigations, make findings of fact, and
make nonbinding recommendations to the Administrator concerning
the program or requirement of the Agency.
``(d) Powers and Responsibilities.--In carrying out this section,
the Ombudsman--
``(1) may investigate any action of the Agency without
regard to the finality of the action;
``(2) may select appropriate matters for action by the
Office;
``(3) may--
``(A) prescribe the methods by which complaints
shall be made to, and received and addressed by, the
Office;
``(B) determine the scope and manner of
investigations made by the Office; and
``(C) determine the form, frequency, and
distribution of conclusions and recommendations of the
Office;
``(4) may request the Administrator to provide the
Ombudsman notification, within a specified period of time, of
any action taken on a recommendation of the Ombudsman;
``(5) may request, and shall be granted by any Federal
agency or department, assistance and information that the
Ombudsman determines to be necessary to carry out this section;
``(6) may examine any record of, and enter and inspect any
property under the administrative jurisdiction of--
``(A) the Agency; or
``(B) any other Federal agency or department
involved in a matter under the administrative
jurisdiction of the Agency;
``(7) may--
``(A) issue a subpoena to compel any person to
appear to give sworn testimony concerning, or to
produce documentary or other evidence determined by the
Ombudsman to be reasonable in scope and relevant to, an
investigation by the Office; and
``(B) seek enforcement of a subpoena issued under
subparagraph (A) in a court of competent jurisdiction;
``(8) may carry out and participate in, and cooperate with
any person or agency involved in, any conference, inquiry on
the record, public hearing on the record, meeting, or study
that, as determined by the Ombudsman--
``(A) is material to an investigation conducted by
the Ombudsman; or
``(B) may lead to an improvement in the performance
of the functions of the Agency;
``(9) may administer oaths and hold hearings in connection
with any matter under investigation by the Office;
``(10) may engage in alternative dispute resolution,
mediation, or any other informal process that the Ombudsman
determines to be appropriate to carry out this section;
``(11) may communicate with any person, including Members
of Congress, the press, and any person that submits a
complaint, grievance, or request for information under
subsection (c)(1); and
``(12) shall administer a budget for the Office.
``(e) Administration.--
``(1) In general.--The Ombudsman shall--
``(A)(i) appoint a Deputy Ombudsman for each region
of the Agency; and
``(ii) hire such other assistants and employees as
the Ombudsman determines to be necessary to carry out
this section; and
``(B) supervise, evaluate, and carry out personnel
actions (including hiring and dismissal) with respect
to any employee of the Office.
``(2) Delegation of authority.--The Ombudsman may delegate
to other employees of the Office any responsibility of the
Ombudsman under this section except--
``(A) the power to delegate responsibility;
``(B) the power to issue subpoenas; and
``(C) the responsibility to make recommendations to
the Administrator.
``(3) Contact information.--The Ombudsman shall maintain,
in each region of the Agency, a telephone number, facsimile
number, electronic mail address, and post office address for
the Ombudsman that are different from the numbers and addresses
of the regional office of the Agency located in that region.
``(4) Reports.--The Ombudsman--
``(A) shall, at least annually, publish in the
Federal Register and submit to the Administrator, the
President, the Committee on Energy and Commerce of the
House of Representatives, and the Committee on
Environment and Public Works of the Senate a report on
the status of health and environmental concerns
addressed in complaints and cases brought before the
Ombudsman in the period of time covered by the report;
``(B) may issue reports, conclusions, or
recommendations concerning any other matter under
investigation by the Office;
``(C) shall solicit comments from the Agency
concerning any matter under investigation by the
Office; and
``(D) shall include any comments received by the
Office in written reports, conclusions, and
recommendations issued by the Office under this
section.
``(f) Penalties.--An investigation conducted by the Ombudsman under
this section constitutes--
``(1) a matter under section 1001 of title 18, United
States Code; and
``(2) a proceeding under section 1505 of title 18, United
States Code.
``(g) Employee Protection.--
``(1) In general.--No employer may discharge any employee,
or otherwise discriminate against any employee with respect to
compensation, terms, conditions, or privileges of employment of
the employee, because the employee (or any person acting at the
request of the employee) complied with any provision of this
section.
``(2) Complaint.--Any employee that, in the opinion of the
employee, is discharged or otherwise discriminated against by
any person in violation of paragraph (1) may, not later than
180 days after the date on which the violation occurs, file a
complaint in accordance with section 211 of the Energy
Reorganization Act of 1974.
``(h) Applicability.--
``(1) In general.--This section--
``(A) does not limit any remedy or right of appeal;
and
``(B) may be carried out notwithstanding any
provision of law to the contrary that provides that an
agency action is final, not reviewable, or not subject
to appeal.
``(2) Effect on procedures for grievances, appeals, or
administrative matters.--The establishment of the Office does
not affect any procedure concerning grievances, appeals, or
administrative matters under this Act or any other law
(including regulations).
``(i) Separate Line Item.--In submitting the annual budget for the
Federal Government to Congress, the President shall include a separate
line item for the funding for the Office.''. | Ombudsman Reauthorization Act of 2005 - Amends the Solid Waste Disposal Act to reestablish the Office of the Ombudsman within the Environmental Protection Agency (EPA).
Specifies the Ombudsman's duties and authorities. Requires the Ombudsman to appoint a Deputy Ombudsman for each EPA region.
Provides employee protections for persons complying with this Act. | To provide additional authority to the Office of Ombudsman of the Environmental Protection Agency. |
944 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paycheck Fairness Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Women have entered the workforce in record numbers.
(2) Even in the 1990's, 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 5th
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) ensuring equal protection pursuant to Congress'
power to enforce the 5th and 14th amendments.
(5) With increased information about the provisions added
by the Equal Pay Act of 1963 and 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) Required Demonstration for Affirmative Defense.--Section
6(d)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)(1))
is amended by striking ``(iv) a differential'' and all that follows
through the period and inserting the following: ``(iv) a differential
based on a bona fide factor other than sex, such as education, training
or experience, except that this clause shall apply only if--
``(I) the employer demonstrates that--
``(aa) such factor--
``(AA) is job-related with
respect to the position in
question; or
``(BB) furthers a
legitimate business purpose,
except that this item shall not
apply where the employee
demonstrates that an
alternative employment practice
exists that would serve the
same business purpose without
producing such differential and
that the employer has refused
to adopt such alternative
practice; and
``(bb) such factor was actually
applied and used reasonably in light of
the asserted justification; and
``(II) upon the employer succeeding under
subclause I, the employee fails to demonstrate
that the differential produced by the reliance
of the employer on such factor is itself the
result of discrimination on the basis of sex by
the employer.
``An employer that is not otherwise in compliance with this
paragraph may not reduce the wages of any employee in order to
achieve such compliance.''.
(b) Application of Provisions.--Section 6(d)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(d)(1)) is amended by adding at the
end the following: ``The provisions of this subsection shall apply to
applicants for employment if such applicants, upon employment by the
employer, would be subject to any provisions of this section.''.
(c) Elimination of Establishment Requirement.--Section 6(d) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)) is amended--
(1) by striking ``, within any establishment in which such
employees are employed,''; and
(2) by striking ``in such establishment'' each place it
appears.
(d) 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, or because the employee
(or applicant) has made a charge, testified, assisted, or
participated in any manner in an investigation, proceeding,
hearing, or action under section 6(d)''.
(e) Enhanced Penalties.--Section 16(b) of the Fair Labor Standards
Act of 1938 (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 the sentence referred to in
paragraph (3), 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''.
(f) Action by Secretary.--Section 16(c) of the Fair Labor Standards
Act of 1938 (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--
(A) by striking ``commenced in the case'' and
inserting ``commenced--
``(1) in the case'';
(B) by striking the period and inserting
``; or''; and
(C) by adding at the end the following:
``(2) in the case of a class action brought to enforce
section 6(d), on the date on which the individual becomes a
party plaintiff to the class action''.
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 of
Labor 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 of Labor,
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 of Labor determines to be appropriate.
(c) Making and Presentation of Award.--
(1) Award.--After receiving recommendations from the
Secretary of Labor, 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 under
this section with such ceremonies as the President or the
designated representative of the President may determine to be
appropriate.
(d) Business.--In 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. COLLECTION OF PAY INFORMATION BY THE EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION.
Section 709 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-8) is
amended by adding at the end the following:
``(f)(1) Not later than 18 months after the date of enactment of
this subsection, the Commission shall--
``(A) complete a survey of the data that is currently
available to the Federal Government relating to employee pay
information for use in the enforcement of Federal laws
prohibiting pay discrimination and, in consultation with other
relevant Federal agencies, identify additional data collections
that will enhance the enforcement of such laws; and
``(B) based on the results of the survey and consultations
under subparagraph (A), issue regulations to provide for the
collection of pay information data from employers as described
by the sex, race, and national origin of employees.
``(2) In implementing paragraph (1), the Commission shall have as
its primary consideration the most effective and efficient means for
enhancing the enforcement of Federal laws prohibiting pay
discrimination. For this purpose, the Commission shall consider factors
including the imposition of burdens on employers, the frequency of
required reports (including which employers should be required to
prepare reports), appropriate protections for maintaining data
confidentiality, and the most effective format for the data collection
reports.''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Paycheck Fairness Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to revise remedies for and enforcement of prohibitions against sex discrimination in the payment of wages (such FLSA prohibitions are also known as the Equal Pay Act).
(Sec. 3) 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.
(Sec. 4) Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and affected individuals and entities on matters involving wage discrimination.
(Sec. 5) 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.
(Sec. 6) Directs the Secretary to: (1) develop guidelines for employer evaluations of job categories based on objective criteria, to be used voluntarily by employers to compare wages for different jobs to determine if pay scales adequately and fairly reflect each job's educational and skill requirements, independence, working conditions, and responsibility, in order to eliminate unfair pay disparities between occupations traditionally dominated by men or women; and (2) establish a program to recognize employers who use such guidelines to ensure that women are paid fairly in comparison to men without lowering men's wages. Authorizes the Secretary to provide technical assistance for employers to carry out such evaluations.
(Sec. 7) 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.
(Sec. 8) Expresses the sense of the Senate that the President should: (1) take appropriate steps to increase the amount of information available with respect to wage disparities; and (2) consider ways to collect such information that maximize its utility, protect individual privacy, and minimize reporting burdens.
(Sec. 9) Authorizes appropriations. | Paycheck Fairness Act |
945 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equity in Fertility Coverage Act of
2001''.
SEC. 2. EQUITY IN PROVISION OF PRESCRIPTION DRUG COVERAGE.
(a) Group Health Plans.--
(1) Public health service act amendments.--(A) Subpart 2 of
part A of title XXVII of the Public Health Service Act is
amended by adding at the end the following new section:
``SEC. 2707. EQUITY IN FERTILITY COVERAGE.
``(a) In General.--A group health plan, and a health insurance
issuer offering group health insurance coverage, that provides for
coverage of impotency medications such as viagra shall also provide
coverage of fertility treatments.
``(b) Construction.--Nothing in this section shall be construed as
preventing a plan or issuer from--
``(1) restricting the drugs for which benefits are provided
under the plan or health insurance coverage, or
``(2) imposing a limitation on the amount of benefits
provided with respect to such coverage or the cost-sharing that
may be imposed with respect to such coverage,
so long as such restrictions and limitations are consistent with
subsection (a).
``(c) Notice.--A group health plan under this part shall comply
with the notice requirement under section 714(c) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.''.
(B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is
amended by striking ``section 2704'' and inserting ``sections
2704 and 2707''.
(2) ERISA amendments.--(A) Subpart B of part 7 of subtitle
B of title I of the Employee Retirement Income Security Act of
1974 is amended by adding at the end the following new section:
``SEC. 714. EQUITY IN FERTILITY COVERAGE.
``(a) In General.--A group health plan, and a health insurance
issuer offering group health insurance coverage, that provides for
coverage of impotency medications such as viagra shall also provide
coverage of fertility treatments.
``(b) Construction.--Nothing in this section shall be construed as
preventing a plan or issuer from--
``(1) restricting the drugs for which benefits are provided
under the plan or health insurance coverage, or
``(2) imposing a limitation on the amount of benefits
provided with respect to such coverage or the cost-sharing that
may be imposed with respect to such coverage,
so long as such restrictions and limitations are consistent with
subsection (a).
``(c) Notice Under Group Health Plan.--The imposition of the
requirements of this section shall be treated as a material
modification in the terms of the plan described in section 102(a)(1),
for purposes of assuring notice of such requirements under the plan;
except that the summary description required to be provided under the
last sentence of section 104(b)(1) with respect to such modification
shall be provided by not later than 60 days after the first day of the
first plan year in which such requirements apply.''.
(B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(D) The table of contents in section 1 of such Act is
amended by inserting after the item relating to section 713 the
following new item:
``Sec. 714. Equity in fertility coverage.''.
(b) Individual Health Insurance.--(1) Part B of title XXVII of the
Public Health Service Act is amended by inserting after section 2752
the following new section:
``SEC. 2753. EQUITY IN FERTILITY COVERAGE.
``(a) In General.--The provisions of section 2707 (other than
subsection (c)) shall apply to health insurance coverage offered by a
health insurance issuer in the individual market in the same manner as
it applies to health insurance coverage offered by a health insurance
issuer in connection with a group health plan in the small or large
group market.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 714(c) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.''.
(2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is
amended by striking ``section 2751'' and inserting ``sections 2751 and
2753''.
(c) FEHBP.--Section 8902 of title 5, United States Code, is amended
by adding at the end the following new subsection:
``(p) A contract may not be made or a plan approved which does not
comply with the requirements of section 2753 of the Public Health
Service Act.''.
(d) Effective Dates.--(1) The amendments made by subsection (a)
shall apply with respect to group health plans for plan years beginning
on or after January 1, 2002.
(2) The amendments made by subsection (b) shall apply with respect
to health insurance coverage offered, sold, issued, renewed, in effect,
or operated in the individual market on or after January 1, 2002.
(3) The amendment made by subsection (c) shall apply with respect
to contracts for periods beginning on and after January 1, 2002.
(e) Coordinated Regulations.--Section 104(1) of Health Insurance
Portability and Accountability Act of 1996 is amended by striking
``this subtitle (and the amendments made by this subtitle and section
401)'' and inserting ``the provisions of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974, and the
provisions of parts A and C of title XXVII of the Public Health Service
Act''. | Equity in Fertility Coverage Act of 2001 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and Federal law provisions concerning the Federal employees health benefits program to require health plans covering impotency medications such as Viagra to also cover fertility treatments. | To assure equitable treatment of fertility and impotence in health care coverage under group health plans, health insurance coverage, and health plans under the Federal employees' health benefits program. |
946 | 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) Amendments to the Employee Retirement Income Security Act of
1974.--
(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 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
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 you are
not intended 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.
``(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, and such information shall
contain the disclaimer required by clause (ii), if--
``(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 that 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 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 section 408(b)(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 shall be clearly disclosed to the advice
recipient prior to any transaction based on the
investment advice in the form of a notice that only
states the following: `This recommendation is based on
a limited range of investment options, and 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 shall be clearly
disclosed to the advice recipient prior to any
transaction based on the investment advice. For
purposes of this subparagraph, clear disclosure of
variable compensation shall include, in a manner
calculated to be understood by the average individual,
each of the following:
``(I) A notice that states only the
following: `This recommendation may result in
varying amounts of fees or other compensation
to the person providing the recommendation (or
its affiliate), and the same or similar
investments may be available at a different
cost (greater or lesser) from other sources.'.
Any regulations or administrative guidance
implementing this subclause may not require
this notice to be updated more than annually.
``(II) A description of any fee or other
compensation that is directly or indirectly
payable to the person (or its affiliate) by 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 compensation that may be directly
or indirectly payable 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 or range of such
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) Any notice provided pursuant to a requirement under
clause (ii) or clause (iii)(I) of subparagraph (A) shall have
no effect on any other notice otherwise required without regard
to this title, and shall be provided in addition to, and not in
lieu of, any other such notice.
``(D) For purposes of this paragraph, the term `affiliate'
has the meaning given in subsection (g)(11)(B).''.
(b) Effective Date.--
(1) Modification of certain rules, and rules and
administrative positions promulgated before enactment but not
effective on january 1, 2015, prohibited.--The Department of
Labor is prohibited from amending any rules or administrative
positions promulgated under, or applicable for purposes of,
section 3(21) of the Employee Retirement Income Security Act of
1974 (including Department of Labor Interpretive Bulletin 96-1
(29 C.F.R. 2509.96-1) and Department of Labor Advisory Opinion
2005-23A), and no such rule or administrative position
promulgated by the Department of Labor prior to the date of the
enactment of this Act but not effective on January 1, 2015, may
become effective unless a bill or joint resolution referred to
in paragraph (3) is enacted as described in such paragraph not
later than 60 days after the date of the enactment of this Act.
(2) General effective date of amendments.--Except as
provided in paragraph (3), the amendments made by subsection
(a) of this section shall take effect on the 61st day after the
date of the enactment of this Act and shall apply with respect
to information provided or recommendations made on or after 2
years after the date of the enactment of this Act.
(3) Exception.--If a bill or joint resolution is enacted
prior to the 61st day after the date of the enactment of this
Act that specifically approves any rules or administrative
positions promulgated under, or applicable for purposes of,
section 3(21) of the Employee Retirement Income Security Act of
1974 that are not in effect on January 1, 2015, the amendments
made by subsection (a) of this section shall not take effect.
(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 made by subsection (a) of
this Act become effective under subsection (b)(2).
(d) Transition.--If the amendments made by subsection (a) of this
section take effect, then nothing in this section shall be construed to
prohibit the issuance of guidance to carry out such amendments so long
as such guidance is necessary to implement such amendments. Until such
time as regulations or other guidance are issued to carry out such
amendments, 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. It also prohibits the Department of Labor from implementing regulations changing the definition of "fiduciary" unless Congress affirmatively approves the rule. (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.) This bill amends the statutory definition of fiduciary by adding a definition of investment advice. It also adds a new statutory prohibited transaction exemption for transactions related to the provision of investment advice. (Sec. 2) The bill specifies that the purpose is to provide that advisors are subject to liability under ERISA if they: (1) provide advice that is impermissible under the prohibited transaction provisions, or (2) breach the best interest standard for the provision of investment advice. (Sec. 3) The bill defines "investment advice," as it relates to fiduciary duties under ERISA, 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, plan participants, or plan beneficiaries, including any recommendation on whether to take a distribution of benefits from the plan or any recommendation relating to the investment of any moneys or other property of the plan to be distributed from the plan; the management of moneys or other property of the plan, including recommendations relating to the management of moneys or other property to be 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 any of these types of advice. For a recommendation to be considered investment advice, it must be rendered pursuant to either: a written acknowledgment of the obligation of the investment advisor to act in accordance with fiduciary standards under ERISA; or a mutual agreement, arrangement, or understanding (which may include limitations on the scope, timing, and responsibility to provide ongoing monitoring or advice services) between the person making the recommendation and the plan that the recommendation is individualized to the plan and the plan intends to materially rely on the recommendation in making investment or management decisions with respect to any moneys or other property of the plan. Any disclaimer of a mutual agreement, arrangement, or understanding with respect to a recommendation must be limited to specified language indicating that the information is not individualized or intended to be materially relied on in making investment or management decisions for the plan. The bill specifies circumstances under which information that is provided with certain disclosures, by certain individuals, or that is limited to certain non-individualized content is not treated as a recommendation made pursuant to a mutual agreement, arrangement, or understanding for purposes of the definition of investment advice and must include a disclaimer. The bill establishes an exemption from ERISA prohibited transactions rules for certain transactions related to the provision of investment advice if the following conditions are met: no more than reasonable compensation is paid for the advice; if the advice is based on a limited range of investment options, which may consist of proprietary products, the limitations are clearly disclosed to the recipient prior to any transaction based on the advice using a notice that also indicates that the same or similar investments may be available at a different cost from other sources; and if the advice may result in variable compensation to the investment advisor, the receipt of the compensation is clearly disclosed to the advice recipient prior to any transaction based on the advice. A recommendation will not fail to qualify for the exemption solely because the person, acting in good faith and with reasonable diligence, makes an error or omission in disclosing the required information if the disclosure occurs as soon as practicable, but not later than 30 days after the person knows of the error or omission. The Department of Labor may not amend any rules or administrative positions promulgated under, or applicable for purposes of, the ERISA statutory definition of fiduciary. No rule or administrative position promulgated by DOL on the subject before the date of enactment of the bill but not effective on January 1, 2015, may become effective unless legislation specifically approving the rules or administrative positions is enacted no later than 60 days after the enactment of this bill. The bill sets forth effective dates and transition rules. | Affordable Retirement Advice Protection Act |
947 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Net Price Calculator Improvement
Act''.
SEC. 2. MINIMUM STANDARDS FOR NET PRICE CALCULATORS.
Section 132(h) of the Higher Education Act of 1965 (20 U.S.C.
1015a(h)) is amended--
(1) by redesignating paragraph (4) as paragraph (6);
(2) in paragraph (2), by inserting before the period ``,
and, not later than 1 year after the date of enactment of the
Net Price Calculator Improvement Act, shall meet the
requirements of paragraph (4)(B)'';
(3) in paragraph (3), by inserting after the first sentence
the following: ``Not later than 1 year after the date of
enactment of the Net Price Calculator Improvement Act, such
calculator shall meet the requirements of paragraph (4).''; and
(4) by inserting after paragraph (3) the following:
``(4) Minimum requirements for net price calculators.--Not
later than 1 year after the date of enactment of the Net Price
Calculator Improvement Act, a net price calculator for an
institution of higher education shall, at a minimum, meet the
following requirements:
``(A) The link for the calculator--
``(i) is clearly labeled as a `net price
calculator' and prominently, clearly, and
conspicuously (in such size and contrast (such
as shade) that it is readily noticeable and
readable) posted in locations on the
institution's website where information on
costs and aid is provided (such as financial
aid, prospective students, or tuition and fees
web pages);
``(ii) matches in size and font to the
other prominent links on the primary menu; and
``(iii) may also be included on the
institution's compliance web page, which
contains information relating to compliance
with Federal, State, and local laws.
``(B) The results screen for the calculator
specifies the following information:
``(i) The individual net price (as
calculated under paragraph (2)) for the
individual student, which is the most visually
prominent figure on the results screen.
``(ii) Cost of attendance, including--
``(I) annual tuition and fees and
total estimated cost for a student,
based on normal time for completion of,
or graduation from, the student's
particular program of study;
``(II) average annual cost of room
and board for the institution for a
first-time, full-time undergraduate
student enrolled in the institution;
``(III) average annual cost of
books and supplies for a first-time,
full-time undergraduate student
enrolled in the institution; and
``(IV) estimated cost of other
expenses (including personal expenses
and transportation) for a first-time,
full-time undergraduate student
enrolled in the institution.
``(iii) Estimated total need-based grant
aid and merit-based grant aid, from Federal,
State, and institutional sources, that may be
available to the individual student, showing
the subtotal for each category and the total of
all sources of grant aid, and disaggregated by
academic year for normal time for completion
of, or graduation from, the student's
particular program of study.
``(iv) Percentage of the first-time, full-
time undergraduate students enrolled in the
institution that received any type of grant aid
described in clause (iii), disaggregated by
their first year and subsequent years of
enrollment up to the number of years for normal
completion of, or graduation from, their
particular program of study.
``(v) The disclaimer described in paragraph
(6).
``(vi) In the case of a calculator that--
``(I) includes questions to
estimate a student's (or prospective
student's) eligibility for veterans'
education benefits (as defined in
section 480) or educational benefits
for active duty service members, such
benefits are displayed on the results
screen in a manner that clearly
distinguishes them from the grant aid
described in clause (iii); or
``(II) does not include questions
to estimate eligibility for the
benefits described in subclause (I),
the results screen indicates--
``(aa) that certain
students (or prospective
students) may qualify for such
benefits;
``(bb) states why the
institution is not including
questions to estimate a
student's eligibility for such
benefits; and
``(cc) includes a link to
an appropriate Federal website
that provides information about
such benefits.
``(C) The institution populates the calculator with
data from not earlier than 2 academic years prior to
the most recent academic year.
``(5) Prohibition on use of data collected by the net price
calculator.--A net price calculator for an institution of
higher education shall--
``(A) clearly indicate which questions are required
to be completed for an estimate of the net price from
the calculator;
``(B) in the case of a calculator that requests
contact information from users, clearly mark such
requests as `optional';
``(C) prohibit any personally identifiable
information provided by users from being sold or made
available to third parties; and
``(D) clearly state `Any information that you
provide on this site is confidential. The Net Price
Calculator does not store your responses or require
personal identifying information of any kind.'.''.
SEC. 3. UNIVERSAL NET PRICE CALCULATOR.
Section 132(h) of the Higher Education Act of 1965 (20 U.S.C.
1015a(h)), as amended by section 2, is further amended by adding at the
end the following:
``(7) Universal net price calculator.--
``(A) In general.--The Secretary may develop a
universal net price calculator that is housed within
the Department of Education, with Department branding,
and that may be based on or utilize an existing
platform developed by a public or private entity,
that--
``(i) enables users to answer one set of
questions and receive net prices for any
institution that is required to have a net
price calculator under this subsection;
``(ii) provides the information required
under subparagraphs (B) and (C) of paragraph
(4) for each institution for which a net price
is being sought;
``(iii) is developed in consultation with
the heads of relevant Federal agencies; and
``(iv) before being finalized and publicly
released, is tested in accordance with
subparagraph (B).
``(B) Consumer testing.--
``(i) In general.--If the Secretary
develops a universal net price calculator under
subparagraph (A), the Secretary, in
consultation with the heads of relevant Federal
agencies, shall establish a process to submit
the universal net price calculator developed
under this paragraph for consumer testing among
representatives of students (including low-
income students, first generation college
students, adult students, and prospective
students), students' families (including low-
income families, families with first generation
college students, and families with prospective
students), institutions of higher education,
secondary school and postsecondary counselors,
and nonprofit consumer groups.
``(ii) Length of consumer testing.--The
Secretary shall ensure that the consumer
testing lasts no longer than 6 months after the
process for consumer testing is developed under
clause (i).
``(iii) Use of results.--The results of
consumer testing under clause (i) shall be used
in the final development of the universal net
price calculator.
``(iv) Reporting requirement.--Not later
than 3 months after the date the consumer
testing under clause (i) concludes, the
Secretary shall submit to Congress the final
universal net price calculator and a report
detailing the results of such testing,
including whether the Secretary added any
additional items to the calculator as a result
of such testing.
``(v) Authority to modify.--The Secretary
may modify the definitions, terms, formatting,
and design of the universal net price
calculator based on the results of consumer
testing required under this paragraph and
before finalizing the calculator.
``(8) Report from secretary.--Not later than 1 year after
the date of enactment of the Net Price Calculator Improvement
Act, the Secretary shall submit a report to Congress on steps
taken to raise awareness of net price calculators among
prospective students and families, particularly among students
in middle school and high school and students from low-income
families.''. | Net Price Calculator Improvement Act This bill amends the Higher Education Act of 1965 to establish the minimum requirements for the net price calculator that an institution of higher education (IHE) receiving federal funds under title IV (Student Assistance) of the Act must include on its website. (An IHE's net price is the average yearly price actually charged to first-time, full-time undergraduate students receiving student aid at the school after deducting such aid.) It authorizes the Department of Education to develop a universal net price calculator that enables users to answer one set of questions and receive net prices for any IHE that is required to have a net price calculator. | Net Price Calculator Improvement Act |
948 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Melanie Blocker-Stokes Postpartum
Depression Research and Care Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Postpartum depression is a devastating mood disorder
which strikes many women during and after pregnancy.
(2) Postpartum mood changes are common and can be broken
into three subgroups: ``baby blues'', which is an extremely
common and the less severe form of postpartum depression;
postpartum mood and anxiety disorders, which are more severe
than baby blues and can occur during pregnancy and anytime
within the first year of the infant's birth; and postpartum
psychosis, which is the most extreme form of postpartum
depression and can occur during pregnancy and up to 12 months
after delivery.
(3) ``Baby blues'' is characterized by mood swings,
feelings of being overwhelmed, tearfulness, irritability, poor
sleep, mood changes, and a sense of vulnerability.
(4) The symptoms of postpartum mood and anxiety disorders
are the worsening and the continuation of the baby blues beyond
the first days or weeks after delivery.
(5) The symptoms of postpartum psychosis include losing
touch with reality, distorted thinking, delusions, auditory
hallucinations, paranoia, hyperactivity, and rapid speech or
mania.
(6) Each year over 400,000 women suffer from postpartum
mood changes, with baby blues afflicting up to 80 percent of
new mothers; postpartum mood and anxiety disorders impairing
around 10 to 20 percent of new mothers; and postpartum
psychosis striking 1 in 1,000 new mothers.
(7) Postpartum depression is a treatable disorder if
promptly diagnosed by a trained provider and attended to with a
personalized regimen of care including social support, therapy,
medication, and when necessary hospitalization.
(8) All too often postpartum depression goes undiagnosed or
untreated due to the social stigma surrounding depression and
mental illness, the myth of motherhood, the new mother's
inability to self-diagnose her condition, the new mother's
shame or embarrassment over discussing her depression so near
to the birth of her child, the lack of understanding in society
and the medical community of the complexity of postpartum
depression, and economic pressures placed on hospitals and
providers.
(9) Untreated, postpartum depression can lead to further
depression, substance abuse, loss of employment, divorce and
further social alienation, self-destructive behavior, or even
suicide.
(10) Untreated, postpartum depression impacts society
through its effect on the infant's physical and psychological
development, child abuse, neglect, or death of the infant or
other siblings, and the disruption of the family.
TITLE I--RESEARCH ON POSTPARTUM DEPRESSION AND PSYCHOSIS
SEC. 101. EXPANSION AND INTENSIFICATION OF ACTIVITIES.
(a) In General.--The Secretary of Health and Human Services, acting
through the Director of the National Institutes of Health and the
Director of the National Institute of Mental Health (in this title
referred to as the ``Institute''), is encouraged to continue aggressive
work on postpartum depression and postpartum psychosis.
(b) Coordination With Other Institutes.--The Director of the
Institute should continue to coordinate activities of the Director
under subsection (a) with similar activities conducted by the other
national research institutes and agencies of the National Institutes of
Health to the extent that such Institutes and agencies have
responsibilities that are related to postpartum conditions.
(c) Programs for Postpartum Conditions.--In carrying out subsection
(a), the Director of the Institute is encouraged to continue research
to expand the understanding of the causes of, and to find a cure for,
postpartum conditions. Activities under such subsection shall include
conducting and supporting the following:
(1) Basic research concerning the etiology and causes of
the conditions.
(2) Epidemiological studies to address the frequency and
natural history of the conditions and the differences among
racial and ethnic groups with respect to the conditions.
(3) The development of improved screening and diagnostic
techniques.
(4) Clinical research for the development and evaluation of
new treatments, including new biological agents.
(5) Information and education programs for health care
professionals and the public.
SEC. 102. NATIONAL PUBLIC AWARENESS CAMPAIGN.
(a) In General.--The Director of the National Institutes of Health
and the Administrator of the Health Resources and Services
Administration are encouraged to carry out a coordinated national
campaign to increase the awareness and knowledge of postpartum
depression and postpartum psychosis.
(b) Public Service Announcements.--Activities under the national
campaign under subsection (a) may include public service announcements
through television, radio, and other means.
SEC. 103. BIENNIAL REPORTING.
Section 403(a)(5) of the Public Health Service Act (42 U.S.C.
283(a)(5)) is amended--
(1) by redesignating subparagraph (L) as subparagraph (M);
and
(2) by inserting after subparagraph (K) the following:
``(L) Depression.''.
SEC. 104. LONGITUDINAL STUDY OF RELATIVE MENTAL HEALTH CONSEQUENCES FOR
WOMEN OF RESOLVING A PREGNANCY.
(a) Sense of Congress.--It is the sense of Congress that the
Director of the Institute may conduct a nationally representative
longitudinal study (during the period of fiscal years 2008 through
2018) of the relative mental health consequences for women of resolving
a pregnancy (intended and unintended) in various ways, including
carrying the pregnancy to term and parenting the child, carrying the
pregnancy to term and placing the child for adoption, miscarriage, and
having an abortion. This study may assess the incidence, timing,
magnitude, and duration of the immediate and long-term mental health
consequences (positive or negative) of these pregnancy outcomes.
(b) Report.--Beginning not later than 3 years after the date of the
enactment of this Act, and periodically thereafter for the duration of
the study under subsection (a), the Director of the Institute should
prepare and submit to the Congress reports on the findings of the
study.
TITLE II--DELIVERY OF SERVICES REGARDING POSTPARTUM DEPRESSION AND
PSYCHOSIS
SEC. 201. ESTABLISHMENT OF PROGRAM OF GRANTS.
(a) In General.--The Secretary of Health and Human Services (in
this title referred to as the ``Secretary'') should in accordance with
this title make grants to provide for projects for the establishment,
operation, and coordination of effective and cost-efficient systems for
the delivery of essential services to individuals with postpartum
depression or postpartum psychosis (referred to in this section as a
``postpartum condition'') and their families.
(b) Recipients of Grants.--A grant under subsection (a) may be made
to an entity only if the entity is a public or nonprofit private
entity, which may include a State or local government; a public or
nonprofit private hospital, community-based organization, hospice,
ambulatory care facility, community health center, migrant health
center, or homeless health center; or any other appropriate public or
nonprofit private entity.
(c) Certain Activities.--To the extent practicable and appropriate,
the Secretary shall ensure that projects under subsection (a) provide
services for the diagnosis and management of postpartum conditions.
Activities that the Secretary may authorize for such projects may also
include the following:
(1) Delivering or enhancing outpatient and home-based
health and support services, including case management,
screening, and comprehensive treatment services for individuals
with or at risk for postpartum conditions; and delivering or
enhancing support services for their families.
(2) Delivering or enhancing inpatient care management
services that ensure the well-being of the mother and family
and the future development of the infant.
(3) Improving the quality, availability, and organization
of health care and support services (including transportation
services, attendant care, homemaker services, day or respite
care, and providing counseling on financial assistance and
insurance) for individuals with postpartum conditions and
support services for their families.
(d) Integration With Other Programs.--To the extent practicable and
appropriate, the Secretary should integrate the program under this
title with other grant programs carried out by the Secretary, including
the program under section 330 of the Public Health Service Act.
SEC. 202. CERTAIN REQUIREMENTS.
A grant may be made under section 201 only if the applicant
involved makes the following agreements:
(1) Not more than 5 percent of the grant will be used for
administration, accounting, reporting, and program oversight
functions.
(2) The grant will be used to supplement and not supplant
funds from other sources related to the treatment of postpartum
conditions.
(3) The applicant will abide by any limitations deemed
appropriate by the Secretary on any charges to individuals
receiving services pursuant to the grant. As deemed appropriate
by the Secretary, such limitations on charges may vary based on
the financial circumstances of the individual receiving
services.
(4) The grant will not be expended to make payment for
services authorized under section 201(a) to the extent that
payment has been made, or can reasonably be expected to be
made, with respect to such services--
(A) under any State compensation program, under an
insurance policy, or under any Federal or State health
benefits program; or
(B) by an entity that provides health services on a
prepaid basis.
(5) The applicant will, at each site at which the applicant
provides services under section 201(a), post a conspicuous
notice informing individuals who receive the services of any
Federal policies that apply to the applicant with respect to
the imposition of charges on such individuals.
SEC. 203. TECHNICAL ASSISTANCE.
The Secretary may provide technical assistance to assist entities
in complying with the requirements of this title in order to make such
entities eligible to receive grants under section 201.
TITLE III--GENERAL PROVISIONS
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
To carry out this Act and the amendments made by this Act, there
are authorized to be appropriated--
(1) $3,000,000 for fiscal year 2008; and
(2) such sums as may be necessary for fiscal years 2009 and
2010.
Passed the House of Representatives October 15, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Melanie Blocker-Stokes Postpartum Depression Research and Care Act - Title I: Research on Postpartum Depression and Psychosis - (Sec. 101) Encourages the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (NIH) and the Director of the National Institute of Mental Health (NIMH), to continue aggressive work on postpartum depression and other postpartum psychosis. Encourages the Director of NIMH to continue research to expand the understanding of the causes of, and find a cure for, postpartum conditions, including: (1) basic research concerning the etiology and causes of the conditions; (2) epidemiological studies to address the frequency and natural history of the conditions and differences among racial and ethnic groups; (3) the development of improved screening and diagnostic techniques; (4) clinical research for the development and evaluation of new treatments; and (5) information and education programs for health care professionals and the public.
(Sec. 102) Encourages the Director of NIH and the Administrator of the Health Resources and Services Administration (HRSA) to carry out a national campaign to increase the awareness and knowledge of postpartum depression and postpartum psychosis.
(Sec. 103) Requires the Director of NIH to include in the biennial report to Congress a summary of NIH research activities on depression.
(Sec. 104) Expresses the sense of Congress that the Director of NIMH may conduct a longitudinal study of the relative mental health consequences for women of resolving a pregnancy in various ways. Requires the Director of NIMH to report to Congress on the findings of the study.
Title II: Delivery of Services Regarding Postpartum Depression and Psychosis - (Sec. 201) Urges the Secretary of Health and Human Services to make grants to public or nonprofit private entities for projects to establish, operate, and coordinate effective and cost-efficient systems for the delivery of essential services to individuals with postpartum depression or postpartum psychosis and their families. Requires the Secretary to ensure that such projects provide services for the diagnosis and management of postpartum conditions. Provides that the Secretary may authorize projects that include: (1) delivering or enhancing outpatient and home-based health and support services; (2) delivering or enhancing inpatient care management services that ensure the well-being of the mother and family and the future development of the infant; and (3) improving the quality, availability, and organization of health care and support services for individuals with postpartum conditions and support services for their families. Urges the Secretary to integrate programs under this Act with other grants programs.
(Sec. 202) Sets forth grant requirements, including that the applicant agrees: (1) to abide by any limitations deemed appropriate by the Secretary on any charges to individuals receiving services pursuant to the grant; (2) that the grant will not be expended for services paid for under another program or by an entity that provides health services on a prepaid basis; and (3) to post a conspicuous notice of any federal policies that apply with respect to the imposition of charges.
(Sec. 203) Authorizes the Secretary to provide technical assistance to assist entities in complying with the requirements of this title in order to make such entities eligible for grants.
Title III: General Provisions - (Sec. 301) Authorizes appropriations for FY2008-FY2010. | To provide for research on, and services for individuals with, postpartum depression and psychosis. |
949 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ojito Wilderness Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Map.--The term ``map'' means the map entitled ``Ojito
Wilderness Act'' and dated October 1, 2004.
(2) Pueblo.--The term ``Pueblo'' means the Pueblo of Zia.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of New
Mexico.
SEC. 3. DESIGNATION OF THE OJITO WILDERNESS.
(a) In General.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), there is hereby designated as wilderness,
and, therefore, as a component of the National Wilderness Preservation
System, certain land in the Albuquerque District-Bureau of Land
Management, New Mexico, which comprises approximately 11,183 acres, as
generally depicted on the map, and which shall be known as the ``Ojito
Wilderness''.
(b) Map and Legal Description.--The map and a legal description of
the wilderness area designated by this Act shall--
(1) be filed by the Secretary with the Committee on Energy
and Natural Resources of the Senate and the Committee on
Resources of the House of Representatives as soon as
practicable after the date of enactment of this Act;
(2) have the same force and effect as if included in this
Act, except that the Secretary may correct clerical and
typographical errors in the legal description and map; and
(3) be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(c) Management of Wilderness.--Subject to valid existing rights,
the wilderness area designated by this Act shall be managed by the
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.) and this Act, except that, with respect to the wilderness area
designated by this Act, any reference in the Wilderness Act to the
effective date of the Wilderness Act shall be deemed to be a reference
to the date of enactment of this Act.
(d) Management of Newly Acquired Land.--If acquired by the United
States, the following land shall become part of the wilderness area
designated by this Act and shall be managed in accordance with this Act
and other applicable law:
(1) Section 12 of township 15 north, range 01 west, New
Mexico Principal Meridian.
(2) Any land within the boundaries of the wilderness area
designated by this Act.
(e) Management of Lands to Be Added.--The lands generally depicted
on the map as ``Lands to be Added'' shall become part of the wilderness
area designated by this Act if the United States acquires, or
alternative adequate access is available to, section 12 of township 15
north, range 01 west, New Mexico Principal Meridian.
(f) Release.--The Congress hereby finds and directs that the lands
generally depicted on the map as ``Lands to be Released'' have been
adequately studied for wilderness designation pursuant to section 603
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782)
and no longer are subject to the requirement of section 603(c) of such
Act (43 U.S.C. 1782(c)) pertaining to the management of wilderness
study areas in a manner that does not impair the suitability of such
areas for preservation as wilderness.
(g) Grazing.--Grazing of livestock in the wilderness area
designated by this Act, where established before the date of enactment
of this Act, shall be administered in accordance with the provisions of
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and 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 One Hundred
First Congress (H. Rept. 101-405).
(h) Fish and Wildlife.--As provided in section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section shall be
construed as affecting the jurisdiction or responsibilities of the
State with respect to fish and wildlife in the State.
(i) Water Rights.--
(1) Findings.--Congress finds that--
(A) the land designated as wilderness by this Act
is arid in nature and is generally not suitable for use
or development of new water resource facilities; and
(B) because of the unique nature and hydrology of
the desert land designated as wilderness by this Act,
it is possible to provide for proper management and
protection of the wilderness and other values of lands
in ways different from those used in other legislation.
(2) Statutory construction.--Nothing in this Act--
(A) shall constitute or be construed to constitute
either an express or implied reservation by the United
States of any water or water rights with respect to the
land designated as wilderness by this Act;
(B) shall affect any water rights in the State
existing on the date of enactment of this Act,
including any water rights held by the United States;
(C) shall be construed as establishing a precedent
with regard to any future wilderness designations;
(D) shall affect the interpretation of, or any
designation made pursuant to, any other Act; or
(E) shall be construed as limiting, altering,
modifying, or amending any of the interstate compacts
or equitable apportionment decrees that apportion water
among and between the State and other States.
(3) State water law.--The Secretary shall follow the
procedural and substantive requirements of the law of the State
in order to obtain and hold any water rights not in existence
on the date of enactment of this Act with respect to the
wilderness area designated by this Act.
(4) New projects.--
(A) Water resource facility.--As used in this
subsection, the term ``water resource facility''--
(i) means irrigation and pumping
facilities, reservoirs, water conservation
works, aqueducts, canals, ditches, pipelines,
wells, hydropower projects, and transmission
and other ancillary facilities, and other water
diversion, storage, and carriage structures;
and
(ii) does not include wildlife guzzlers.
(B) Restriction on new water resource facilities.--
Except as otherwise provided in this Act, on and after
the date of enactment of this Act, neither the
President nor any other officer, employee, or agent of
the United States shall fund, assist, authorize, or
issue a license or permit for the development of any
new water resource facility within the wilderness area
designated by this Act.
(j) Withdrawal.--Subject to valid existing rights, the wilderness
area designated by this Act, the lands to be added under subsection
(e), and lands identified on the map as the ``BLM Lands Authorized to
be Acquired by the Pueblo of Zia'' are withdrawn from--
(1) all forms of entry, appropriation, and 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.
(k) Exchange.--Not later than 3 years after the date of enactment
of this Act, the Secretary shall seek to complete an exchange for State
land within the boundaries of the wilderness area designated by this
Act.
SEC. 4. LAND HELD IN TRUST.
(a) In General.--Subject to valid existing rights and the
conditions under subsection (d), all right, title, and interest of the
United States in and to the lands (including improvements,
appurtenances, and mineral rights to the lands) generally depicted on
the map as ``BLM Lands Authorized to be Acquired by the Pueblo of Zia''
shall, on receipt of consideration under subsection (c) and adoption
and approval of regulations under subsection (d), be declared by the
Secretary to be held in trust by the United States for the Pueblo and
shall be part of the Pueblo's Reservation.
(b) Description of Lands.--The boundary of the lands authorized by
this section for acquisition by the Pueblo where generally depicted on
the map as immediately adjacent to CR906, CR923, and Cucho Arroyo Road
shall be 100 feet from the center line of the road.
(c) Consideration.--
(1) In general.--In consideration for the conveyance
authorized under subsection (a), the Pueblo shall pay to the
Secretary the amount that is equal to the fair market value of
the land conveyed, as subject to the terms and conditions in
subsection (d), as determined by an independent appraisal.
(2) Appraisal.--To determine the fair market value, the
Secretary shall conduct an appraisal paid for by the Pueblo
that is performed in accordance with the Uniform Appraisal
Standards for Federal Land Acquisitions and the Uniform
Standards of Professional Appraisal Practice.
(3) Availability.--Any amounts paid under paragraph (1)
shall be available to the Secretary, without further
appropriation and until expended, for the acquisition from
willing sellers of land or interests in land in the State.
(d) Public Access.--
(1) In general.--Subject to paragraph (2), the declaration
of trust and conveyance under subsection (a) shall be subject
to the continuing right of the public to access the land for
recreational, scenic, scientific, educational, paleontological,
and conservation uses, subject to any regulations for land
management and the preservation, protection, and enjoyment of
the natural characteristics of the land that are adopted by the
Pueblo and approved by the Secretary; Provided, that the
Secretary shall ensure that the rights provided for in this
paragraph are protected and that a process for resolving any
complaints by an aggrieved party is established.
(2) Conditions.--Except as provided in subsection (e)--
(A) the land conveyed under subsection (a) shall be
maintained as open space and the natural
characteristics of the land shall be preserved in
perpetuity; and
(B) the use of motorized vehicles (except on
existing roads or as is necessary for the maintenance
and repair of facilities used in connection with
grazing operations), mineral extraction, housing,
gaming, and other commercial enterprises shall be
prohibited within the boundaries of the land conveyed
under subsection (a).
(e) Rights of Way.--
(1) Existing rights of way.--Nothing in this section shall
affect--
(A) any validly issued right-of-way or the renewal
thereof; or
(B) the access for customary construction,
operation, maintenance, repair, and replacement
activities in any right-of-way issued, granted, or
permitted by the Secretary.
(2) New rights of way and renewals.--
(A) In general.--The Pueblo shall grant any
reasonable request for rights-of-way for utilities and
pipelines over the land acquired under subsection (a)
that is designated as the ``Rights-of-Way corridor #1''
in the Rio Puerco Resource Management Plan that is in
effect on the date of the grant.
(B) Administration.--Any right-of-way issued or
renewed after the date of enactment of this Act located
on land authorized to be acquired under this section
shall be administered in accordance with the rules,
regulations, and fee payment schedules of the
Department of the Interior, including the Rio Puerco
Resources Management Plan that is in effect on the date
of issuance or renewal of the right-of-way.
(f) Judicial Relief.--
(1) In general.--To enforce subsection (d), any person may
bring a civil action in the United States District Court for
the District of New Mexico seeking declaratory or injunctive
relief.
(2) Sovereign immunity.--The Pueblo shall not assert
sovereign immunity as a defense or bar to a civil action
brought under paragraph (1).
(3) Effect.--Nothing in this section--
(A) authorizes a civil action against the Pueblo
for money damages, costs, or attorneys fees; or
(B) except as provided in paragraph (2), abrogates
the sovereign immunity of the Pueblo. | Ojito Wilderness Act - (Sec. 3) Designates certain public land known as the Ojito Wilderness in New Mexico (wilderness area) as a component of the National Wilderness Preservation System.
Requires that the wilderness area be managed by the Secretary of the Interior in accordance with the Wilderness Act. Provides for the addition of specified land in New Mexico and any land within the boundaries of the wilderness area to the wilderness area if such land is acquired by the Federal Government.
Permits grazing of livestock in the wilderness area where grazing rights were established before the enactment of this Act. Prohibits anything in this Act from: (1) affecting the jurisdiction or responsibilities of New Mexico with respect to fish and wildlife in the State; (2) constituting a reservation by the United States of any water or water rights with respect to the land designated as wilderness by this Act; (3) affecting any water rights in the State existing on the date of enactment of this Act, including any water rights held by the United States; (4) establishing a precedent with regard to any future wilderness designations; or (5) affecting the interpretation of, or any designation made pursuant to, any other Act.
Declares that the Secretary shall follow the procedural and substantive requirements of the laws of the State in order to obtain and hold any water rights not in existence on enactment of this Act respecting the wilderness area.
Prohibits the President, or any other U.S. officer, employee, or agent from funding, assisting, authorizing, or issuing a license or permit for the development of any new water resource facility (as defined by this Act) within the wilderness area.
Directs the Secretary to seek an exchange for State land within the boundaries of the wilderness area within three years after enactment.
(Sec. 4) Requires the Secretary to hold in trust certain public lands for the Pueblo of Zia (Pueblo) and include such lands as part of the Pueblo's Reservation. Requires the Pueblo to pay the Secretary the fair market value (determined by an appraisal) of such public lands placed in trust. Authorizes the Secretary to use funds paid by the Pueblo to acquire non-Federal lands in New Mexico.
Preserves public access to Pueblo trust lands for recreational, scenic, scientific, educational, paleontological, and conservation uses.
Authorizes a civil action in the U.S. District Court for the District of New Mexico to enforce right of public access.
Preserves existing rights-of-way in the trust lands. Requires the Pueblo to grant any reasonable request for rights-of-way for utilities and pipelines in such lands. | To designate the Ojito Wilderness Study Area as wilderness, to take certain land into trust for the Pueblo of Zia, and for other purposes. |
950 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saving Women's Lives Act of 2002''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The renewed commitment of the world community to the
formulation of government policies that contribute to global
population stabilization and to improvements in the status of
women owes much to the efforts of the United Nations and its
specialized agencies and organizations, particularly the United
Nations Population Fund (UNFPA).
(2) Over one-half of the UNFPA's assistance is devoted to
maternal and child health programs, including the provision of
family planning services, and it is a major supplier of modern
methods of contraception. UNFPA also supports efforts aimed at
preventing the spread of HIV/AIDS and other sexually-
transmitted diseases and activities aimed specifically at
enhancing the status of women.
(3) UNFPA does not fund abortion services, rather, UNFPA
seeks to reduce the incidence of abortion by improving access
to contraceptive services and to reduce deaths and injuries
related to unsafe abortion by supporting treatment of women
suffering from its complications.
(4) Operating in over 130 nations in all regions of the
world and as a politically neutral source of funds, UNFPA
complements the important work of the United States Agency for
International Development population assistance program.
(5) The United States contribution to UNFPA last year
provided an estimated 870,000 women in the developing world
with effective modern contraception, thereby preventing 500,000
unintended pregnancies, 200,000 abortions, and thousands of
maternal and child deaths.
(6) Many global environmental problems, including water
shortages, pollution, tropical deforestation, and the loss of
wildlife habitat are linked to rapid population growth. UNFPA
has assisted countries around the world plan for and slow
population growth, therefore reducing its effects on the
environment.
(7) Assistance provided by UNFPA conforms to the principle,
affirmed at the 1994 International Conference on Population and
Development by 180 nations, including the United States, that
``all couples and individuals have the basic right to decide
freely and responsibly the number and spacing of their children
and to have the information, education, and means to do so.''.
(8) UNFPA opposes coercion in any form. All of UNFPA's
programs are designed in conformity with universally recognized
human rights principles.
(9) An appropriate way to express the legitimate concerns
of the United States Government about the population policies
of the People's Republic of China is by placing those concerns
on the bilateral agenda along with other important human rights
issues, not by singling out a United Nations agency by
withholding all funding thereby punishing the women and
families around the world who depend on its humanitarian aid.
(10) UNFPA plays a constructive role in helping to reduce
the incidence of coercive practices in China through its
country program which has been successful in eliminating
targets and quotas and promoting voluntary family planning and
informed consent in the 32 program counties. By improving
contraceptive method choice, expanding the range of
reproductive health services, and enhancing the status of
women, the UNFPA country program will help to enable the
Chinese to operationalize the human rights approach of the
International Conference on Population and Development.
(11) The United States Government provided a voluntary
contribution of $21,500,000 to UNFPA for fiscal year 2001 and
President Bush's budget request for fiscal year 2002 allocated
$25,000,000 for UNFPA.
(12) In the spring of 2001, the Secretary of State
submitted written testimony to the Committee on Foreign
Relations of the Senate expressing support for the invaluable
work of UNFPA and for securing funding for the organization.
(13) The United States Government, as part of its efforts
to improve the dire health conditions of Afghan women, pledged
in October 2001 an additional $600,000 to UNFPA to address the
reproductive health care needs of Afghan refugees in
surrounding nations and of the internally displaced within
Afghanistan.
(14) Congress demonstrated its strong bipartisan support
for a voluntary United States contribution to UNFPA of up to
$34,000,000 in adopting the fiscal year 2002 foreign operations
appropriations bill, which was passed by the House of
Representatives on a vote of 357 to 66 and by the Senate by
unanimous consent and signed into law (Public Law 107-115) by
the President on January 10, 2002.
(15) The Bush Administration ``recognizes our country's
long history of providing international health care services,
including voluntary family planning to couples around the world
who want to make free and responsible decisions about the
number and spacing of their children,'' and the President is
committed to maintaining funding for these programs ``because
he knows that one of the best ways to prevent abortion is by
providing voluntary family planning services.''.
SEC. 3. UNITED STATES VOLUNTARY CONTRIBUTION TO THE UNITED NATIONS
POPULATION FUND.
(a) Reappropriation of Funds.--Of the amounts appropriated for
``International Organizations and Programs'' under the Kenneth M.
Ludden Foreign Operations, Export Financing, and Related Programs
Appropriations Act, Fiscal Year 2002, and which remain available,
$34,000,000 for fiscal year 2002 shall be made available only for
United States voluntary contributions to the United Nations Population
Fund.
(b) Authorization of Appropriations.--In addition to amounts
otherwise available to carry out the purposes of chapter 3 of part 1 of
the Foreign Assistance Act of 1961, there are authorized to be
appropriated $50,000,000 for fiscal year 2003 to be available only for
United States voluntary contributions to the United Nations Population
Fund.
SEC. 4. LIMITATIONS ON UNITED STATES VOLUNTARY CONTRIBUTIONS TO THE
UNITED NATIONS POPULATION FUND.
(a) Prohibition on Use of Funds in China.--None of the funds made
available or authorized to be appropriated by this Act may be made
available for the United Nations Population Fund (hereinafter in this
Act referrred to as the ``UNFPA'') for a country program in the
People's Republic of China.
(b) Conditions on Availability of Funds.--Amounts made available or
authorized to be appropriated by this Act may not be made available to
UNFPA unless--
(1) the UNFPA maintains amounts made available to the UNFPA
under this Act in an account separate from other accounts of
the UNFPA;
(2) the UNFPA does not commingle amounts made available to
the UNFPA under this Act with other sums; and
(3) the UNFPA does not fund abortions as a method of family
planning. | Saving Women's Lives Act of 2002 - Authorizes appropriations for FY 2002 and 2003 for U.S. voluntary contributions to the United Nations Population Fund (UNFPA). Prohibits the availability of such funds for an UNFPA country program in China. Conditions the availability of funds to UNFPA upon its maintenance of them in a separate, non-commingled account, and on its not funding abortions as a method of family planning. | To provide a United States voluntary contribution to the United Nations Population Fund. |
951 | SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Since 1935, the United States has owned a parcel of
land in Riverside, California, consisting of approximately 9.5
acres, as more specifically described in section 2(a) (in this
section referred to as the ``property'').
(2) The property is administered by the Department of
Agriculture and has been variously utilized for research and
plant materials purposes.
(3) Since 1998, the property has been administered by the
Natural Resources Conservation Service.
(4) Since 2002, the property has been co-managed under a
cooperative agreement between the Natural Resources
Conservation Service and the Riverside Corona Resource
Conservation District, which is a legal subdivision of the
State of California under section 9003 of the California Public
Resources Code.
(5) Since 2002, the Conservation District has incurred
substantial costs in excess of $3.2 million in the operation
and maintenance of the property, and the Natural Resources
Conservation Service and the Conservation District recognize
that hundreds of thousands of dollars still need to be expended
to update utilities and other infrastructure on the property.
(6) The Conservation District wishes to acquire the
property and use it for conservation, environmental, and
related educational purposes.
(7) As provided in this Act, the conveyance of the property
to the Conservation District would promote the Conservation
District's conservation education and related purposes and
result in savings to the Federal Government.
SEC. 2. LAND CONVEYANCE, NATURAL RESOURCES CONSERVATION SERVICE
PROPERTY, RIVERSIDE COUNTY, CALIFORNIA.
(a) Conveyance Authorized.--The Secretary of Agriculture shall
convey and quitclaim to the Riverside Corona Resource Conservation
District (in this section referred to as the ``Conservation District'')
all right, title, and interest of the United States in and to a parcel
of real property, including improvements thereon, that is located at
4500 Glenwood Drive in Riverside, California, consists of approximately
9.5 acres, and is administered by the Natural Resources Conservation
Service of the Department of Agriculture. As necessary or desirable for
the conveyance under this subsection, the Secretary or the Conservation
District may survey all or portions of the property to be conveyed.
(b) Consideration.--
(1) Appraised market value.--As consideration for the
conveyance of the property under subsection (a), the
Conservation District shall pay to the Secretary an amount
equal to the appraised market value of the land under the
hypothetical condition as unimproved land, excluding all
improvements to the land other than normal utility connections
such as sewer and water taps.
(2) Deposit and use of consideration.--The amounts received
as consideration under paragraph (1) shall be credited to the
applicable appropriation of the Natural Resources Conservation
Service for conservation operations in California and shall
remain available, without further appropriation, until expended
as the Secretary may direct.
(c) Prohibition on Reservation of Interest.--The Secretary shall
not reserve any future interest in the property to be conveyed under
subsection (a), except that which may be acceptable to the Conservation
District.
(d) Hazardous Substances.--Notwithstanding section 120(h) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9620(h)) or the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.), in the conveyance of the property under subsection (a),
the Secretary shall be only required to meet the disclosure
requirements for hazardous substances, pollutants, or contaminants, but
shall otherwise not be required to remediate or abate any such releases
of hazardous substances, pollutants, or contaminants, including
petroleum and petroleum derivatives.
(e) Cooperative Authority.--
(1) Leases, contracts, and cooperative agreements
authorized.--In conjunction with, or in addition to, the
conveyance under subsection (a), the Secretary may enter into
leases, contracts and cooperative agreements with the
Conservation District.
(2) Sole source.--Notwithstanding title III of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 251
et seq.) or any other provision of law, the Secretary may lease
real property from the Conservation District on a
noncompetitive basis.
(3) Non-exclusive authority.--The authority provided by
this subsection is in addition to any other authority of the
Secretary.
(f) Additional Terms and Conditions.--The Secretary may require
such reasonable terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States, except that the conveyance does not
require further administrative or environmental analyses or
examination. | Directs the Secretary of Agriculture (USDA) to convey and quitclaim all interest of the United States in and to a parcel of real property, including improvements, located at 4500 Glenwood Drive in Riverside, California, and administered by the Natural Resources Conservation Service, to the Riverside Corona Conservation District.
Requires the Conservation District to pay to the Secretary the appraised market value of the land as unimproved land, excluding all improvements other than normal utility connections such as sewer and water taps.
Prohibits reservation by the Secretary of any future interest in the property to be conveyed, except that which may be acceptable to the Conservation District.
Requires the Secretary, notwithstanding the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) or the Solid Waste Disposal Act, in conveying the property, to only meet the disclosure requirements for hazardous substances, pollutants, or contaminants, without otherwise being required to remediate or abate any such releases, including petroleum and petroleum derivatives. | To provide for the conveyance of a small parcel of Natural Resources Conservation Service property in Riverside, California, and for other purposes. |
952 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing America From Terrorist
Entries Act'' or the ``SAFTE Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) United States border security agencies are presently
overwhelmed with more than 400 million visits across our
borders each year and safeguards need to be put in place to
make our borders more secure.
(2) Current border entry and exit systems are woefully
inadequate and the provisions included in the USA PATRIOT Act
will greatly enhance the Nation's border security so that
Americans know with greater certainty who is entering and
exiting the United States.
(3) Most of the nineteen terrorists who hijacked planes and
attacked the United States on September 11, 2001, are believed
to have entered the United States with approved visas and had
not been identified by the Immigration and Naturalization
Service as being in violation of the terms of their visa.
(4) Afghanistan harbors terrorist organizations and is host
to Osama bin Laden and his al Qaeda terrorist network.
(5) Terrorist organizations are operating in Algeria,
Lebanon, Somalia, and the United Arab Emirates, and their
members pose a threat to the people of the United States.
(6) Terrorist organizations continue to secretly operate in
Egypt and six of the individuals on the Federal Bureau of
Investigation's most wanted terrorists list are Egyptians
wanted in connection with attacks on the United States.
(7) An Egyptian, Mohamed Atta, believed to be the organizer
of the September 11, 2001, attacks, was able to enter and exit
the United States several times prior to the attacks despite
being on our Nation's terrorist watch list.
(8) Nearly half of the nineteen terrorists who hijacked
planes on September 11, 2001, were citizens of Saudi Arabia and
entered the United States on approved visas.
(9) Most of the suspects in the June 25, 1996, bombing on
United States Air Force Khobar Towers barracks at Dhahran Air
Base in Saudi Arabia are citizens of Saudi Arabia.
(10) The United States Department of State has designated
Yemen a haven for terrorists and operatives of Osama bin Laden
operating in Yemen were responsible for the 1999 attack on the
USS Cole which killed 17 and injured 39 United States sailors.
SEC. 3. TEMPORARY MORATORIUM ON THE ISSUANCE OF CERTAIN ALIEN IMMIGRANT
AND NONIMMIGRANT VISAS.
(a) Terms of Moratorium.--
(1) In general.--Subject to the provisions of this section
and notwithstanding any other provision of law, during the
moratorium period no immigrant or nonimmigrant visa for
admission to the United States may be issued to an alien--
(A) who is a citizen or national of any country
listed under paragraph (2); or
(B) was a citizen or national of any country listed
under paragraph (2) within 15 years of the date of
application for a visa.
(2) Countries.--
(A) The provisions of this section shall apply with
respect to the following countries:
(i) Afghanistan.
(ii) Algeria.
(iii) Egypt.
(iv) Lebanon.
(v) Saudi Arabia.
(vi) Somalia.
(vii) United Arab Emirates.
(viii) Yemen.
(ix) Any country designated as a state
sponsor of terrorism.
(B) For purposes of this section, the term ``state
sponsor of terrorism'' means a country the government
of which the Secretary of State has determined, under
section 620A(a) of the Foreign Assistance Act of 1961,
section 6(j)(1) of the Export Administration Act of
1979, or section 40(d) of the Arms Export Control Act,
to have repeatedly provided support for acts of
international terrorism.
(3) Limitation.--Paragraph (1) shall not apply to any
diplomatic visa.
(4) Multiple citizenship.--
(A) In general.--Paragraph (1) shall apply to any
alien who is described in such paragraph
notwithstanding that the alien is, or was during the
relevant period, simultaneously a citizen or national
of a country that is not listed under paragraph (2).
(B) Visa waiver program shall not apply.--Any alien
who is described in paragraph (1) shall be ineligible
for a waiver under section 217 of the Immigration and
Nationality Act (8 U.S.C. 1187), regardless of whether
the alien is a national of, or presents a passport
issued by, a country described in subsection (a)(2) of
such section.
(b) Period of Moratorium.--The moratorium period referred to in
subsection (a) shall begin 5 days after the date of the enactment of
this Act and shall terminate 30 days after the certification under
subsection (c).
(c) Certification by Attorney General.--The certification referred
to in subsection (b) is a certification by the Attorney General to the
Congress that--
(1) subsections (b) and (c) of section 403 of Public Law
107-56 have been fully implemented; and
(2) a system is in place that requires that all visas
issues to aliens who are subject to the moratorium contain
biometric data, are tamper-proof, and are machine-readable.
(d) Exceptions Granted by Attorney General.--The Attorney General
may waive the limitations of subsection (a) in the case of any alien if
the Attorney General determines that the admission to the United States
of such alien is in the national interest of the United States or in
the interest of family unity and if the refusal of admission of such
alien would result in exceptional and extremely unusual hardship to the
alien's spouse, parent, or child, who is a citizen of the United States
or an alien lawfully admitted for permanent residence.
SEC. 4. EXPANSION OF TERRORIST ACTIVITIES FOR PURPOSES OF DEPORTATION.
(a) Amendment to INA.--Section 237(a)(4)(B) of the Immigration and
Nationality Act (8 U.S.C. 1227(a)(4)(B)) is amended by striking ``as
defined in section 212(a)(3)(B)(iii))'' and inserting ``as described
under section 212(a)(3)(B))''.
(b) Retroactive Application of Amendment.--The amendments made by
this section shall take effect on the date of the enactment of this Act
and shall apply to--
(1) all actions taken by an alien before, on, or after such
date; and
(2) all aliens, without regard to the date of entry or
attempted entry into the United States in removal proceedings
on or after such date (except for proceedings in which there
has been a final administrative decision before such date).
SEC. 5. REQUIREMENT FOR PASSENGER MANIFESTS FOR FLIGHTS IN FOREIGN AIR
TRANSPORTATION TO THE UNITED STATES.
Section 44909 of title 49, United States Code, is amended by adding
at the end the following:
``(c) Flights in Foreign Air Transportation to the United States.--
``(1) In general.--Not later than 60 days after the date of
enactment of this subsection, the Under Secretary of
Transportation for Security shall require each air carrier and
foreign air carrier operating a passenger flight in foreign air
transportation to the United States to provide to the Under
Secretary by electronic transmission a passenger and crew
manifest containing the information specified in subsection
(2).
``(2) Information.--A passenger and crew manifest for a
flight required under paragraph (1) shall contain the following
information:
``(A) The full legal name of each passenger and
crew member, and any additional name recorded for such
passenger.
``(B) The date of birth and citizenship of each
passenger and crew member.
``(C) The sex of each passenger and crew member.
``(D) The passport number and country of issuance
of each passenger and crew member if required for
travel.
``(E) The United States visa number or resident
alien card number of each passenger and crew member, as
applicable.
``(F) Such other information as the Under
Secretary, by regulation, determines is reasonably
necessary to ensure aviation safety.
``(3) Transmission of manifest.--Subject to paragraph (4),
a passenger and crew manifest required for a flight under
paragraph (1) shall be transmitted to the Under Secretary in
advance of the aircraft landing in the United States in such
manner, time, and form as the Under Secretary prescribes.
``(4) Transmission of manifests to other federal
agencies.--The Under Secretary may require by regulation that a
passenger and crew manifest required for a flight under
paragraph (1) be transmitted directly to the head of another
Federal agency.''.
SEC. 6. INQUIRY REGARDING COUNTRY OF ORIGIN AT POINT OF ENTRY.
The Attorney General shall require by regulation that Federal
border officials inquire of each individual entering the United States
as to the individual's country of origin.
SEC. 7. ELIMINATING WAIVER AUTHORITY RELATING TO IMPLEMENTATION OF
MACHINE READABLE PASSPORTS.
Section 217(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1187(a)(3)), as amended by Public Law 107-56) is amended by striking
subparagraph (B).
SEC. 8. GAO STUDY.
Not later than 6 months after the date of the enactment of this Act
and every 6 months thereafter, the General Accounting Office shall
submit to the Congress a report, in classified and unclassified format,
which evaluates the status of the following:
(1) The reforms taken within the Immigration and
Naturalization Service to safeguard the borders of the United
States.
(2) The ability of the Federal Government to prevent
terrorists from entering the United States.
(3) The ability of the Federal Government to locate and
monitor the travel of aliens in the United States.
(4) The degree of cooperation among the Federal Bureau of
Investigation, the Immigration and Naturalization Service, the
intelligence agencies, and other Federal, State, and local law
enforcement officials.
(5) The background check process for aliens seeking visas
for admission to the United States.
(6) The implementation of other measures to safeguard the
borders of the United States and improve visa background
checks.
(7) The effectiveness of the border security in the United
States. | Securing America From Terrorist Entries Act or the SAFTE Act - Establishes a temporary moratorium on the issuance of immigrant or (non-diplomatic) nonimmigrant visas to aliens who are, or were within 15 years of applying for U.S. admission, citizens or nationals of: (1) Afghanistan; (2) Algeria; (3) Egypt; (4) Lebanon; (5) Saudi Arabia; (6) Somalia; (7) United Arab Emirates; (8) Yemen; or (9) any country designated as a state sponsor of terrorism. Authorizes the Attorney General to grant exceptions.Applies such provisions to aliens with multiple citizenship. Makes the visa waiver program inapplicable to such aliens.Directs the Under Secretary of Transportation to require air carriers in foreign transportation to the United States to provide electronic passenger and crew manifests with specified information prior to U.S. arrival.Requires country of origin inquiry at the point of U.S. arrival.Amends the Immigration and Nationality Act to eliminate deadline waiver authority relating to implementation of machine readable passports.Directs the General Accounting Office to report every six months respecting border and visa security and related matters. | To provide for a temporary moratorium on visas for certain aliens, and for other purposes. |
953 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Health Care Full Funding
Act''.
SEC. 2. ENHANCED PROCESS FOR FUNDING VETERANS HEALTH CARE PROGRAMS.
(a) In General.--(1) Chapter 3 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 321. Enhanced funding process for veterans health care
``(a) In the President's budget for each fiscal year transmitted
under section 1105 of title 31, amounts shall be requested for veterans
health care programs in accordance with this section. Amounts
appropriated for veterans health care programs shall be available for
obligation for a period of two consecutive fiscal years.
``(b)(1) For each fiscal year (beginning with fiscal year 2008),
the Veterans Health Care Funding Review Board shall determine the level
of funding needed for veterans health care programs for that fiscal
year and the next fiscal year. The Board shall make such determination,
and shall publish such determination in the Federal Register, not later
than November 1 of the year preceding the year in which the budget for
such fiscal year is transmitted to Congress.
``(2) In making any such determination under paragraph (1), the
Board shall take into consideration the most recent information
relating to economic assumptions provided to the Board by the Director
of the Office of Management and Budget pursuant to subsection
(f)(4)(b).
``(c) The amount determined under subsection (b) for any two-
fiscal-year period is the amount needed to be appropriated to the
Department for that two-fiscal-year period for veterans health care
programs. The President shall include the full amount so determined in
the budget transmitted to Congress under section 1105 of title 31 for
the first fiscal year in such two-year period and shall include the
amount of the second fiscal year as a budget forecast year.
``(d)(1) The Board shall make its determination of the level of
funding needed for veterans health care programs for any two-fiscal-
year period under subsection (b) based upon an annual review of those
programs and of veterans health care needs.
``(2) The Board shall ensure that its determination of the level of
funding needed for veterans health care programs for any period is in
an amount sufficient to provide for--
``(A) the health care needs of veterans estimated to be
enrolled in the Department health care system under section
1705(a) of this title (other than veterans described in
paragraph (8) of such section);
``(B) the health care needs of veterans with service-
connected disabilities who are not required to enroll in such
health care system;
``(C) timely access to health care under standards for
access prescribed under section 1703(e)(1) of this title;
``(D) maintenance of capacities of Department nursing home
facilities as required by section 1710B(b) of this title and of
specialized programs as required by section 1706(b)(1) of this
title;
``(E) the health care needs of persons eligible for
benefits under chapter 17 of this title based upon subchapter
VIII of that chapter;
``(F) the necessary maintenance, improvement, upgrading,
expanding, repairing, and replacing of major and minor medical
facilities, capital equipment, and systems to ensure that
health care facilities of the Department are adequate for the
purposes of programs and benefits authorized for the care of
veterans under chapter 17 of this title; and
``(G) unanticipated requirements, including--
``(i) changes in benefits;
``(ii) changes in beneficiaries;
``(iii) changes in economic conditions or
assumptions; and
``(iv) such other factors as the Board considers
appropriate.
``(3) Each such review under paragraph (1) shall consider--
``(A) demographic information;
``(B) utilization and cost trends for veterans enrolled
under section 1705 of this title and other Department health-
care beneficiaries;
``(C) requirements for support of other core missions of
the Department related to health care;
``(D) the degree of efficiency (or the lack of efficiency)
by which the Secretary actually delivers health care services
to veterans; and
``(E) such other factors as the Board considers
appropriate.
``(4)(A) The Board shall submit to Congress an annual report, not
later than the date on which the President transmits the budget to
Congress under section 1105 of title 31 each year, on its most recent
determination under subsection (b) and its most recent review under
paragraph (1).
``(B) The report shall include the following:
``(i) A statement of the amount determined for each of the
two fiscal years covered by such determination under subsection
(b).
``(ii) A description of the economic assumptions and other
assumptions made by the Board in making such determination and
how that determination was developed.
``(iii) Any recommendations to Congress or the Secretary
that the Board considers appropriate concerning the means and
methods for the Secretary to achieve optimal efficiencies or
savings in delivering health care to veterans.
``(5) Following the submission of the report under paragraph (4)
each year, the Board shall review and reconsider the matters contained
in the report and shall, during the five-day period ending on May 1 of
that year, submit to Congress a report updating the matters in the
report submitted under paragraph (4). The Board shall include in that
report any revision it considers appropriate to its most recent
determination under subsection (b), together with the reasons for any
such revision.
``(e) For purposes of this section, the term `veterans health care
programs' means programs, functions, and activities of the Veterans
Health Administration other than--
``(1) medical and prosthetic research; and
``(2) grants under subchapter III of chapter 81 of this
title.
``(f)(1) There is established in the Department of Veterans Affairs
a Veterans Health Care Funding Review Board. The Board shall consist of
three members who shall be appointed by the Secretary. Persons
appointed to the Board shall have professional backgrounds and
experience in health care policy analysis, health care statistics,
health care insurance, or health care economics or have similar
qualifications considered suitable by the Secretary.
``(2)(A) Except as provided in subparagraph (B), the members of the
Board shall serve for a term of 15 years, except that a member of the
Board appointed to fill a vacancy occurring before the end of the term
for which the member's predecessor was appointed shall only serve until
the end of such term. A member may serve after the end of the term of
the member until the successor of that member has taken office. A
member of the Board may be removed by the Secretary for misconduct or
failure to perform functions vested in the Board, and for no other
reason.
``(B) Of the members of the Board who are first appointed under
this paragraph, one each shall be appointed for terms ending five, ten,
and 15 years, respectively, after the date of appointment, as
designated by the Secretary at the time of appointment.
``(3) A member of the Board who is not otherwise an employee of the
United States is entitled to receive pay at the daily equivalent of the
annual rate of basic pay of the highest rate of basic pay under the
General Schedule of subchapter III of chapter 53 of title 5, for each
day the member is engaged in the performance of duties vested in the
Board, and is entitled to travel expenses, including a per diem
allowance, in accordance with section 5703 of title 5.
``(4)(A) The Secretary shall furnish the Board all papers, records,
information, and other materials it requires in order to carry out its
functions under this section.
``(B) The Director of the Office of Management and Budget shall
furnish to the Board complete information on the economic assumptions
(including assumptions as to inflation, unemployment, revenues and
expenses, and energy costs) that inform or guide the President's
overall budgetary presentation to Congress, including those assumptions
that would be expected to particularly affect health care costs in the
Department, or the cost of care to veterans.
``(5) Funds for the expenses of the Board for any fiscal year shall
be provided from amounts available for that fiscal year for veterans
health care programs. The Board shall include consideration of its own
budget requirements in determinations under subsection (b).''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``321. Enhanced funding process for veterans health care.''.
(b) Effective Date.--Section 321 of title 38, United States Code,
as added by subsection (a), shall take effect on January 1, 2008.
(c) Repeal of Construction Authorization Requirement.--Effective
October 1, 2008, subsections (a), (b), (c), and (d) of section 8104 of
title 38, United States Code, are repealed.
(d) Appointment of Initial Members of Board.--The initial
appointment of the members of the Board established under subsection
(f) of section 321 of title 38, United States Code, as added by
subsection (a), shall be completed not later than 90 days after the
date of the enactment of this Act.
(e) Initial Funding for Board.--For fiscal year 2008, the Secretary
of Veterans Affairs shall provide amounts needed for the operation of
the Board established under subsection (f) of section 321 of title 38,
United States Code, as added by subsection (a), in a total amount not
to exceed $2,000,000, from amounts appropriated to the Department of
Veterans Affairs for that fiscal year for Medical Care.
SEC. 3. ACCESS TO CARE STANDARDS.
(a) Required Standard for Access to Care.--Section 1703 of title
38, United States Code, is amended by adding at the end the following
new subsection:
``(e)(1) The following are the standards for access to care for the
Department:
``(A) For a veteran seeking primary care, the standard for
access is 30 days, determined from the date on which the
veteran contacts the Department seeking an appointment until
the date on which a visit with a primary care provider is
completed.
``(B) For a veteran seeking specialized care, the standard
for access is 30 days, determined from the date on which the
veteran is referred for specialty care by a primary care
provider until the date on which a visit with an appropriate
specialty primary care provider is completed.
``(2) The Secretary shall develop and disseminate an appropriate
standard of waiting time, determined from the time at which the
veteran's visit is scheduled until the veteran is seen by the provider.
The Secretary shall periodically review performance of Department
facilities compared to that standard. The Secretary shall annually
report to the Committees on Veterans' Affairs of the Senate and House
of Representatives an assessment of the Department's performance
against that standard.
``(3) In a case in which the Secretary is unable to meet the
standard for access to care, the Secretary shall use the authority of
subsection (a) to furnish health care and services for that veteran in
a non-Department facility.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the first day of the first month beginning more than six
months after the date of the enactment of this Act. | Veterans Health Care Full Funding Act - Requires: (1) that in the President's budget for each fiscal year, amounts shall be requested for veterans health care programs for each two-year period; and (2) the Veterans Health Care Funding Review Board (established in this Act) to determine the level of funding needed for each period. Outlines the health care needs required to be included under the Board's determination. Establishes the Board.
Provides standards for access to Department of Veterans Affairs (VA) care for veterans seeking: (1) primary care; and: (2) specialized care. | To amend title 38, United States Code, to provide an enhanced funding process to ensure an adequate level of funding for veterans health care programs of the Department of Veterans Affairs, to establish standards of access to care for veterans seeking health care from the Department of Veterans Affairs, and for other purposes. |
954 | SECTION 1. FINDINGS.
Congress makes the following findings:
(1) The international traffic in illicit drugs,
particularly along the Southwest Border, poses a serious threat
to the national security of the United States and to every
nation where the production, transit, or consumption of such
drugs occurs.
(2) The United States considers combating international
drug cartels to be one of its highest national security and
foreign policy priorities.
(3) In order to reduce and eliminate the illicit drug
trade, the United States and countries where substantial
production or transit of such drugs occurs must cooperate to
eradicate and interdict supplies of such drugs and to penetrate
the operations of major drug traffickers.
(4) It is in the national interest that the President
explore all possible mechanisms, including bilateral agreements
and other plans on counternarcotics matters, in order to
facilitate cooperation in joint counternarcotics programs and
to better assist other governments in developing effective
counternarcotics programs within their territories.
(5) The bilateral agreements and other plans on
counternarcotics matters to which the United States is a party
should establish concrete and measurable goals with transparent
benchmarks for measuring progress in the achievement of such
goals.
SEC. 2. INAPPLICABILITY OF ANNUAL DRUG CERTIFICATION PROCEDURES TO
CERTAIN COUNTRIES COVERED BY BILATERAL COUNTERDRUG
AGREEMENTS AND PLANS WITH THE UNITED STATES.
(a) In General.--Section 490 of the Foreign Assistance Act of 1961
(22 U.S.C. 2991j) is amended by adding at the end the following new
subsection:
``(i) Inapplicability to Certain Countries Having Bilateral
Counterdrug Agreements and Plans With the United States.--
``(1) Inapplicability.--Subsections (a) through (g) shall
not apply in a fiscal year to a country to which such
subsections would otherwise apply in that fiscal year if the
President determines, not later than December 31 of that fiscal
year, that--
``(A) the country is a party to a bilateral
agreement and other plans with the United States, which
agreement and plans together--
``(i) are consistent with the goals and
objectives established by international
agreements on the illicit trafficking and abuse
of narcotics and psychotropic drugs to which
the United States and the country are parties;
``(ii) address issues relating to the
control of illicit drugs, including production,
distribution, and interdiction, demand
reduction, the activities of criminal
organizations, cooperation among law
enforcement agencies (including the exchange of
information and evidence), extradition of
individuals involved in drug-related criminal
activity, border security, money laundering,
firearms trafficking, corruption, control of
chemicals, asset forfeiture, and training and
technical assistance; and
``(iii) include timetables and objective
and measurable standards to assess the progress
made by both countries with respect to such
issues; and
``(B) progress is being made in accordance with the
agreement and plans with respect to the control of
illicit drugs.
``(2) Consultation.--The President shall make any
determination under paragraph (1) after consultation with the
Secretary of State, the Secretary of the Treasury, the Attorney
General, the Director of the Office of National Drug Control
Policy, the Director of the Federal Bureau of Investigation,
the Administrator of the Drug Enforcement Administration, the
Commissioner of Immigration and Naturalization, and the
Commissioner of Customs.
``(3) Reports.--Not later than December 31 and June 30 of a
fiscal year, the President shall submit to Congress a report on
the progress made with respect to the control of illicit drugs
by each country determined to be covered by paragraph (1) for
that fiscal year.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act, and shall apply
with respect to the withholding of bilateral assistance and opposition
to multilateral assistance under section 490 of the Foreign Assistance
Act of 1961 for fiscal years beginning after that date. | Amends the Foreign Assistance Act of 1961 with respect to certain annual presidential certifications to Congress required to allow a major drug-transit country or major illicit drug producing country to expend withheld bilateral assistance and multilateral development assistance, provided certain conditions are met. Waives application of certification requirements to such a country if the President determines that: (1) it is a party to a bilateral agreement and other illicit drug control plans with the United States; and (2) progress is being made in accordance with the agreement and plans with respect to the control of illicit drugs. | A bill to provide that the annual drug certification procedures under the Foreign Assistance Act of 1961 not apply to certain countries with which the United States has bilateral agreements and other plans relating to counterdrug activities, and for other purposes. |
955 | SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Guam World War II
Loyalty Recognition Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Recognition of the suffering and loyalty of the residents of
Guam.
Sec. 3. Payments for Guam World War II claims.
Sec. 4. Adjudication.
Sec. 5. Grants program to memorialize the occupation of Guam during
World War II.
SEC. 2. RECOGNITION OF THE SUFFERING AND LOYALTY OF THE RESIDENTS OF
GUAM.
(a) Recognition of the Suffering of the Residents of Guam.--The
United States recognizes that, as described by the Guam War Claims
Review Commission, the residents of Guam, on account of their United
States nationality, suffered unspeakable harm as a result of the
occupation of Guam by Imperial Japanese military forces during World
War II, by being subjected to death, rape, severe personal injury,
personal injury, forced labor, forced march, or internment.
(b) Recognition of the Loyalty of the Residents of Guam.--The
United States forever will be grateful to the residents of Guam for
their steadfast loyalty to the United States of America, as
demonstrated by the countless acts of courage they performed despite
the threat of death or great bodily harm they faced at the hands of the
Imperial Japanese military forces that occupied Guam during World War
II.
SEC. 3. PAYMENTS FOR GUAM WORLD WAR II CLAIMS.
(a) Payments for Death, Personal Injury, Forced Labor, Forced
March, and Internment.--After receipt of certification pursuant to
section 4(b)(8) and in accordance with this section, the Secretary of
the Treasury shall make the following payments:
(1) Survivors of residents who died in war.--In the case of
a compensable Guam decedent (as defined in subsection (c)(1)),
the Secretary shall pay $25,000 for distribution to eligible
survivors of the decedent as specified in subsection (b).
(2) Residents injured.--In the case of a compensable Guam
victim who is not deceased, the Secretary shall pay such victim
the following:
(A) If the victim has suffered an injury described
in subsection (c)(2)(A), $15,000.
(B) If the victim is not described in subparagraph
(A) but has suffered an injury described in subsection
(c)(2)(B), $12,000.
(C) If the victim is not described in subparagraph
(A) or (B) but has suffered an injury described in
subsection (c)(2)(C), $10,000.
(3) Survivors of deceased injured residents.--In the case
of a compensable Guam victim who is deceased, the Secretary
shall pay $7,000 for distribution to eligible survivors of the
victim as specified in subsection (b).
Payments under this section shall be treated for purposes of section
1304(a) of title 31, United States Code, as an award otherwise
authorized as law.
(b) Distribution of Survivor Payments.--Payments under paragraph
(1) or (3) of subsection (a) to eligible survivors of an individual who
is a compensable Guam decedent or a compensable Guam victim who is
deceased shall be made as follows:
(1) If there is living a spouse of the individual, but no
child of the individual, all of the payment shall be made to
such spouse.
(2) If there is living a spouse of the individual and one
or more children of the individual, one-half of the payment
shall be made to the spouse and the other half to the child (or
to the children in equal shares).
(3) If there is no living spouse of the individual, but
there are one or more children of the individual alive, all of
the payment shall be made to such child (or to such children in
equal shares).
(4) If there is no living spouse or child of the individual
but there is a living parent (or parents) of the individual,
all of the payment shall be made to the parents (or to the
parents in equal shares).
(5) If there is no such living spouse, child, or parent, no
payment shall be made.
(c) Definitions.--For purposes of this Act:
(1) Compensable guam decedent.--The term ``compensable Guam
decedent'' means an individual determined under section 4(a)(1)
to have been a resident of Guam who died or was killed as a
result of the attack and occupation of Guam by Imperial
Japanese military forces during World War II, or incident to
the liberation of Guam by United States military forces, and
whose death would have been compensable under the Guam
Meritorious Claims Act of 1945 (Public Law 79-224) if a timely
claim had been filed under the terms of such Act.
(2) Compensable guam victim.--The term ``compensable Guam
victim'' means an individual determined under section 4(a)(1)
to have suffered, as a result of the attack and occupation of
Guam by Imperial Japanese military forces during World War II,
or incident to the liberation of Guam by United States military
forces, any of the following:
(A) Rape or severe personal injury (such as loss of
a limb, dismemberment, or paralysis).
(B) Forced labor or a personal injury not under
subparagraph (A) (such as disfigurement, scarring, or
burns).
(C) Forced march, internment, or hiding to evade
internment.
(3) Definitions of severe personal injuries and personal
injuries.--The Foreign Claims Settlement Commission shall
promulgate regulations to specify injuries that constitute a
severe personal injury or a personal injury for purposes of
subparagraphs (A) and (B), respectively, of paragraph (2).
SEC. 4. ADJUDICATION.
(a) Authority of Foreign Claims Settlement Commission.--
(1) In general.--The Foreign Claims Settlement Commission
is authorized to adjudicate claims and determine eligibility
for payments under section 3.
(2) Rules and regulations.--The chairman of the Foreign
Claims Settlement Commission shall prescribe such rules and
regulations as may be necessary to enable it to carry out its
functions under this Act. Such rules and regulations shall be
published in the Federal Register.
(b) Claims Submitted for Payments.--
(1) Submittal of claim.--For purposes of subsection (a)(1)
and subject to paragraph (2), the Foreign Claims Settlement
Commission may not determine an individual is eligible for a
payment under section 3 unless the individual submits to the
Commission a claim in such manner and form and containing such
information as the Commission specifies.
(2) Filing period for claims and notice.--All claims for a
payment under section 3 shall be filed within one year after
the Foreign Claims Settlement Commission publishes public
notice of the filing period in the Federal Register. In
addition, the Commission shall cause to be publicized the
public notice of the deadline for filing claims in newspaper,
radio, and television media on Guam.
(3) Adjudicatory decisions.--The decision of the Foreign
Claims Settlement Commission on each claim shall be by majority
vote, shall be in writing, and shall state the reasons for the
approval or denial of the claim. If approved, the decision
shall also state the amount of the payment awarded and the
distribution, if any, to be made of the payment.
(4) Deductions in payment.--The Foreign Claims Settlement
Commission shall deduct, from potential payments, amounts
previously paid under the Guam Meritorious Claims Act of 1945
(Public Law 79-224).
(5) Interest.--No interest shall be paid on payments
awarded by the Foreign Claims Settlement Commission.
(6) Remuneration prohibited.--No remuneration on account of
representational services rendered on behalf of any claimant in
connection with any claim filed with the Foreign Claims
Settlement Commission under this Act shall exceed one percent
of the total amount paid pursuant to any payment certified
under the provisions of this Act on account of such claim. Any
agreement to the contrary shall be unlawful and void. Whoever
demands or receives, on account of services so rendered, any
remuneration in excess of the maximum permitted by this section
shall be fined not more than $5,000 or imprisoned not more than
12 months, or both.
(7) Appeals and finality.--Objections and appeals of
decisions of the Foreign Claims Settlement Commission shall be
to the Commission, and upon rehearing, the decision in each
claim shall be final, and not subject to further review by any
court or agency.
(8) Certifications for payment.--After a decision approving
a claim becomes final, the chairman of the Foreign Claims
Settlement Commission shall certify it to the Secretary of the
Treasury for authorization of a payment under section 3.
(9) Treatment of affidavits.--For purposes of section 3 and
subject to paragraph (2), the Foreign Claims Settlement
Commission shall treat a claim that is accompanied by an
affidavit of an individual that attests to all of the material
facts required for establishing eligibility of such individual
for payment under such section as establishing a prima facie
case of the individual's eligibility for such payment without
the need for further documentation, except as the Commission
may otherwise require. Such material facts shall include, with
respect to a claim under paragraph (2) or (3) of section 3(a),
a detailed description of the injury or other circumstance
supporting the claim involved, including the level of payment
sought.
(10) Release of related claims.--Acceptance of payment
under section 3 by an individual for a claim related to a
compensable Guam decedent or a compensable Guam victim shall be
in full satisfaction of all claims related to such decedent or
victim, respectively, arising under the Guam Meritorious Claims
Act of 1945 (Public Law 79-224), the implementing regulations
issued by the United States Navy pursuant thereto, or this Act.
(11) Penalty for false claims.--The provisions of section
1001 of title 18 of the United States Code (relating to
criminal penalties for false statements) apply to claims
submitted under this subsection.
SEC. 5. GRANTS PROGRAM TO MEMORIALIZE THE OCCUPATION OF GUAM DURING
WORLD WAR II.
(a) Establishment.--Subject to subsection (c) and in accordance
with this section, the Secretary of the Interior shall establish a
grants program under which the Secretary shall award grants for
research, educational, and media activities that memorialize the events
surrounding the occupation of Guam during World War II, honor the
loyalty of the people of Guam during such occupation, or both, for
purposes of appropriately illuminating and interpreting the causes and
circumstances of such occupation and other similar occupations during a
war.
(b) Eligibility.--The Secretary of the Interior may not award to a
person a grant under subsection (a) unless such person submits an
application to the Secretary for such grant, in such time, manner, and
form and containing such information as the Secretary specifies.
(c) Authorization for Appropriations.--There are authorized to be
appropriated $5,000,000, to remain available for obligation until
September 30, 2011, to carry out the grant program under this section.
In addition, the Secretary of the Interior may use unobligated funds
made available to the Secretary that may be used for such purpose to
carry out this section. | Guam World War II Loyalty Recognition Act - (Sec. 2) Recognizes the great suffering and steadfast loyalty and courage of the people of Guam during the Japanese occupation of Guam in World War II.
(Sec. 3) Directs the Secretary of the Treasury to make the following payments for Guam World War II claims: (1) spouses, children or parents of compensable Guam decedents would be eligible for $25,000; (2) compensable Guam victims who were raped or suffered severe personal injury would be eligible for $15,000, and those who were subjected to forced labor or suffered personal injury would be eligible for $12,000; and (3) eligible heirs of compensable decedents or compensable victims would be eligible for $7,000.
Defines "compensable Guam decedent" and "compensable Guam victim."
Directs the Foreign Claims Settlement Commission to specify injuries that would constitute a severe personal injury or a personal injury.
(Sec. 4) Authorizes the Commission to adjudicate claims and determine payment eligibility.
Requires: (1) claims to be filed within one year after the Commission publishes public notice of the filing period in the Federal Register; and (2) the Commission to make filing period information available to the public through the media in Guam.
(Sec. 5) Directs the Secretary of the Interior to establish a grant program for research, educational, and media activities that memorialize the events surrounding the occupation of Guam during World War II, honor the loyalty of the people of Guam during such occupation, or both. Authorizes grant appropriations, which shall remain available until September 30, 2011. | To implement the recommendations of the Guam War Claims Review Commission. |
956 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Building, Renovating, Improving, and
Constructing Kids' Schools Act''.
SEC. 2. FINDINGS.
Congress make the following findings:
(1) According to a 1999 issue brief prepared by the
National Center for Education Statistics, the average public
school in America is 42 years old, and school buildings begin
rapid deterioration after 40 years. In addition, 29 percent of
all public schools are in the oldest condition, meaning that
the schools were built before 1970 and have either never been
renovated or were renovated prior to 1980.
(2) According to reports issued by the General Accounting
Office (GAO) in 1995 and 1996, it would cost $112,000,000,000
to bring the Nation's schools into good overall condition, and
one-third of all public schools need extensive repair or
replacement.
(3) Many schools do not have the appropriate infrastructure
to support computers and other technologies that are necessary
to prepare students for the jobs of the 21st century.
(4) Without impeding on local control, the Federal
Government appropriately can assist State and local governments
in addressing school construction, renovation, and repair needs
by providing low-interest loans for purposes of paying interest
on related bonds.
SEC. 3. DEFINITIONS.
In this Act:
(1) Bond.--The term ``bond'' includes any obligation.
(2) Governor.--The term ``Governor'' includes the chief
executive officer of a State.
(3) Local educational agency.--The term ``local educational
agency'' has the meaning given to such term by section 14101 of
the Elementary and Secondary Education Act of 1965.
(4) Public school facility.--The term public school
facility shall not include--
(A) any stadium or other facility primarily used
for athletic contests or exhibitions, or other events
for which admission is charged to the general public;
or
(B) any facility which is not owned by a State or
local government or any agency or instrumentality of a
State or local government.
(5) Qualified school construction bond.--The term
``qualified school construction bond'' means any bond issued as
part of an issue if--
(A) 95 percent or more of the proceeds of such
issue are to be used for the construction,
rehabilitation, or repair of a public school facility
or for the acquisition of land on which such a facility
is to be constructed with part of the proceeds of such
issue;
(B) the bond is issued by a State entity or local
government;
(C) the issuer designates such bonds for purposes
of this section; and
(D) the term of each bond which is part of such
issue does not exceed 15 years.
(6) Stabilization fund.--The term ``stabilization fund''
means the stabilization fund established under section 5302 of
title 31, United States Code.
(7) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, the Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau.
SEC. 4. LOANS FOR SCHOOL CONSTRUCTION BOND INTEREST PAYMENTS.
(a) Loan Authority.--
(1) In general.--From funds made available to a State under
section 5(b) the State shall make loans to State entities or
local governments within the State to enable the entities and
governments to make annual interest payments on qualified
school construction bonds that are issued by the entities and
governments not later than December 31, 2002.
(2) Requests.--The Governor of each State desiring
assistance under this Act shall submit a request to the
Secretary of the Treasury at such time and in such manner as
the Secretary of the Treasury may require.
(b) Loan Repayment.--
(1) In general.--Subject to paragraph (2), a State entity
or local government that receives a loan under this Act shall
repay to the stabilization fund the amount of the loan, plus
interest, at the average prime lending rate for the year in
which the bond is issued, not to exceed 4.5 percent.
(2) Exception.--A State entity or local government shall
not repay the amount of a loan made under this Act, plus
interest, and the interest on a loan made under this Act shall
not accrue, prior to January 1, 2005, unless the amount
appropriated to carry out part B of the Individuals with
Disabilities Education Act (20 U.S.C. 1411 et seq.) for any
fiscal year prior to fiscal year 2006 is sufficient to fully
fund such part for the fiscal year at the originally promised
level, which promised level would provide to each State 40
percent of the average per-pupil expenditure for providing
special education and related services for each child with a
disability in the State.
(c) Federal Responsibilities.--The Secretary of the Treasury and
the Secretary of Education--
(1) jointly shall be responsible for ensuring that funds
provided under this Act are properly distributed;
(2) shall ensure that funds provided under this Act only
are used to pay the interest on qualified school construction
bonds; and
(3) shall not have authority to approve or disapprove
school construction plans assisted pursuant to this Act, except
to ensure that funds made available under this Act are used
only to supplement, and not supplant, the amount of school
construction, rehabilitation, and repair in the State that
would have occurred in the absence of such funds.
SEC. 5. AMOUNTS AVAILABLE TO EACH STATE.
(a) Reservation for Indians.--From $20,000,000,000 of the funds in
the stabilization fund, the Secretary of the Treasury shall make
available $400,000,000 to Indian tribes for loans to enable the Indian
tribes to make annual interest payments on qualified school
construction bonds in accordance with the requirements of this Act that
the Secretary of the Treasury determines appropriate.
(b) Amounts Available.--
(1) In general.--From $20,000,000,000 of the funds in the
stabilization fund that are not reserved under subsection (a),
the Secretary of the Treasury shall make available to each
State submitting a request under section 4(a)(2) an amount that
bears the same relation to such remainder as the amount the
State received under part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for
fiscal year 2000 bears to the amount received by all States
under such part for such year.
(2) Disbursal.--The Secretary of the Treasury shall
disburse the amount made available to a State under paragraph
(1), on an annual basis, during the period beginning on October
1, 2000, and ending September 30, 2017.
(c) Notification.--The Secretary of the Treasury and the Secretary
of Education jointly shall notify each State of the amount of funds the
State may borrow under this Act. | Sets forth requirements for loan repayment and interest rate. Exempts a State entity or local government from such repayment and interest rate accrual prior to January 1, 2005, unless the amount appropriated to carry out assistance for education of all children with disabilities under the Individuals with Disabilities Education Act for any fiscal year before FY 2009 is sufficient to fully fund such assistance for the fiscal year at the originally promised level, which promised level would provide to each State 40 percent of the average per-pupil expenditure for providing special education and related services for each child with a disability in the State.
Directs the Secretary of the Treasury and the Secretary of Education to: (1) ensure that funds provided under this Act are properly distributed, and are used to pay the interest on qualified school construction bonds; and (2) notify each State of the amount of funds it may borrow under this Act. Provides that the Secretaries shall not have authority to approve or disapprove school construction plans assisted pursuant to this Act, except to ensure that funds made available under this Act are used only to supplement, and not supplant, the amount of school construction, rehabilitation, and repair in the State that would have occurred in the absence of such funds. | Building, Renovating, Improving, and Constructing Kids' Schools Act |
957 | SECTION 1. EXPANSION OF TAX REFUND REDUCTION PROVISION TO INCLUDE
CERTAIN LOCAL TAX DEBT.
(a) Section 3720A of title 31, United States Code (relating to
reduction of tax refund by amount of debt) is amended by adding at the
end the following:
``(j) Collection of Past-Due Legally Enforceable Local Government
Tax Obligations.--(1) Upon receiving notice from any State on behalf of
a local government that a named person owes a past-due, legally
enforceable tax obligation to such local government, the Secretary of
the Treasury shall, under such conditions as may be prescribed by the
Secretary, determine whether any amounts, as refunds of Federal taxes
paid, are payable to such person. If the Secretary of the Treasury
finds that any such amount is payable, he shall--
``(A) reduce such refunds by an amount equal to the amount
of such debt;
``(B) pay the amount of such reduction to the State for
purposes of payment by the State to the local government on
behalf of which the State submitted the notice;
``(C) notify the State of the person's name, taxpayer
identification number, address, and the amount collected; and
``(D) notify the person due the refund that the refund has
been reduced by an amount necessary to satisfy a past-due,
legally enforceable tax obligation.
``(2) Priorities for Offset.--(A) Any overpayment (as defined in
section 6401 of the Internal Revenue Code of 1986) by a person shall be
reduced pursuant to this subsection--
``(i) after such overpayment is reduced (I) with respect to
any liability for any internal revenue tax on the part of the
person who made the overpayment; (II) with respect to past-due
support (as defined in section 464(c) of the Social Security
Act); (III) with respect to any past-due, legally enforceable
debt owed to a Federal agency; and (IV) with respect to any
past-due, legally enforceable State income tax obligation (as
defined in section 6402(e) of the Internal Revenue Code of
1986); and
``(ii) before such overpayment is credited to the future
liability for any Federal internal revenue tax of such person.
``(B) If the Secretary receives notice from one or more States (on
behalf of local governments) of more than one tax obligation subject to
paragraph (1) that is owed by such person to any local government, any
overpayment by such person shall be applied against such debts in the
order in which such notices were filed.
``(3) Notice; Consideration of Evidence.--No State may take action
under this subsection on behalf of a local government until the local
government certifies to the State that the local government--
``(A) has notified the person owing the past-due, legally
enforceable tax obligation by certified mail with return
receipt that the State (on behalf of the local government)
proposes to take action pursuant to this section;
``(B) has given such person at least 60 days to present
evidence that all or part of such liability is not past-due or
not legally enforceable;
``(C) has considered any evidence presented by such person
and has determined that an amount of such debt is past-due and
legally enforceable; and
``(D) has satisfied such other conditions as the Secretary
may prescribe to ensure that the determination made under
subparagraph (C) is valid and that the local government has
made reasonable efforts to obtain payment of such tax
obligation.
``(4) Definition of Past-Due, Legally Enforceable Tax Obligation.--
In this subsection, the term `past-due, legally enforceable tax
obligation' means a tax debt--
``(A)(i) which resulted from--
``(I) a judgment rendered by a court of competent
jurisdiction which has determined an amount of tax to
be due; or
``(II) a determination after an administrative
hearing which has determined an amount of tax to be
due; and
``(ii) which is no longer subject to judicial review; or
``(B) which resulted from a tax which has been assessed but
not collected, the time for redetermination of which has
expired, and which has not been delinquent for more than 10
years.
``(5) Regulations.--The Secretary shall issue regulations
prescribing the time and manner in which States (on behalf of local
governments) must submit notices of past-due, legally enforceable tax
obligations and the necessary information that must be contained in or
accompany such notices. The regulations shall specify the types of
taxes and the minimum amount of debt to which the reduction procedure
established by paragraph (1) may be applied. The regulations may
require States (on behalf of local governments) to pay a fee to
reimburse the Secretary for the cost of applying such procedure, and
such fee may be reimbursed by local governments to States in accordance
with applicable State law. Any fee paid to the Secretary pursuant to
the preceding sentence shall be used to reimburse appropriations which
bore all or part of the cost of applying such procedure.
``(6) Erroneous Payment to State.--Any State receiving notice from
the Secretary that an erroneous payment has been made to such State
with respect to a notice by the State on behalf of a local government
under paragraph (1) shall pay promptly to the Secretary, in accordance
with such regulations as the Secretary may prescribe, an amount equal
to the amount of such erroneous payment (without regard to whether any
other amounts payable to such State under such paragraph have been paid
to such State).
``(k) Treatment of Payments Made to States.--The Secretary may
provide that, for the purposes of determining interest, the payment of
any amount withheld under subsection (j) to a State (on behalf of a
local government) shall be treated as a payment to the person or
persons making the overpayment.''.
(b) Disclosure of Certain Information to Agencies of States
Requesting Refund Offsets for Past-Due, Legally Enforceable Tax
Obligations.--Paragraph (10) of section 6103(l) of the Internal Revenue
Code of 1986 is amended--
(1) in the paragraph heading, by inserting after ``6402''
the following: ``or under subsection (j) of section 3720a of
title 31, united states code'';
(2) in subparagraph (A), by inserting after ``6402'' the
following: ``or subsection (j) of section 3720A of title 31,
United States Code,''; and
(3) in subparagraph (B)--
(A) by striking ``section 6402 is'' and inserting
``section 6402 or under subsection (j) of section 3720A
of title 31, United States Code, is''; and
(B) by striking ``section 6402.'' and inserting
``section 6402 or under subsection (j) of section 3720A
of title 31, United States Code.''. | Directs the Secretary of the Treasury to reduce the federal tax refund of any taxpayer who owes a past-due, legally enforceable tax obligation to a local government by the amount of such obligation. Requires notice to the taxpayer of the refund reduction.
Amends the Internal Revenue Code to permit disclosure of taxpayer information to agencies of states requesting refund offsets for tax debts owed to local governments. | To amend title 31, United States Code, to allow certain local tax debt to be collected through the reduction of Federal tax refunds. |
958 | SECTION 1. LIQUIDATION OR RELIQUIDATION OF CERTAIN ENTRIES OF ROLLER
CHAIN.
(a) Liquidation or Reliquidation of Entries.--Notwithstanding
sections 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 1514 and
1520) or any other provision of law, the Bureau of Customs and Border
Protection shall, not later than 90 days after the date of enactment of
this Act, liquidate or reliquidate the entries listed in subsection (b)
without assessment of antidumping duties or interest and shall refund
any antidumping duties or interest which were previously paid.
(b) Affected Entries.--The entries referred to in subsections (a)
and (b) are the following:
Entry number Date of entry Port
858442975 08/21/85 Chicago
868558147 01/28/86 Chicago
868565499 03/14/86 Chicago
858440922 07/31/85 Chicago
868565499 03/14/86 Chicago
868558147 01/28/86 Chicago
858442975 08/21/85 Chicago
858440922 07/31/85 Chicago
847648353 06/18/84 Chicago
858268324 01/04/85 Chicago
858264302 11/08/84 Chicago
858265107 11/19/84 Chicago
847650150 07/18/84 Chicago
847412877 05/09/84 Chicago
837078386 03/21/83 Chicago
837077691 02/07/83 Chicago
837077701 02/07/83 Chicago
826735834 01/13/82 Chicago
826736309 01/18/82 Chicago
821020081 02/12/82 Chicago
821020052 02/17/82 Chicago
821026768 04/13/82 Chicago
827119569 06/18/82 Chicago
837075114 10/06/82 Chicago
826727088 10/14/81 Chicago
837124777 05/19/83 Chicago
847405240 11/28/83 Chicago
837127606 08/18/83 Chicago
837125132 06/08/83 Chicago
847406100 12/22/83 Chicago
847404034 11/02/83 Chicago
837128090 09/07/83 Chicago
837126762 08/05/83 Chicago
837125569 06/22/83 Chicago
837078991 04/12/83 Chicago
837129222 10/03/83 Chicago
847406414 12/29/83 Chicago
847408014 01/31/84 Chicago
868569204 07/03/86 Chicago
868730813 08/14/86 Chicago | Directs the Bureau of Customs and Border Protection to: (1) liquidate or reliquidate certain entries of roller chains without assessment of antidumping duties or interest; and (2) refund any amounts owed. | To provide for the liquidation or reliquidation of certain entries. |
959 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Currency Harmonization Initiative
Through Neutralizing Action Act of 2005''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The benefit of trade concessions can be adversely
affected by misalignments in currency.
(2) Misalignments in currency caused by government policies
intended to maintain an unfair trade advantage nullify and
impair trade concessions.
(3) Article XV of the GATT 1994 prohibits WTO members from,
by exchange rate action, frustrating the intent of the
provisions of that Agreement, or, by trade action, the intent
of the provisions of the Articles of Agreement of the
International Monetary Fund.
(4) The International Monetary Fund prohibits the use of
currency manipulation as a method of gaining unfair trade
advantage. The International Monetary Fund defines such
manipulation as large-scale and protracted intervention in one
direction to gain an unfair trade advantage.
(5) Sections 301 through 309 of the Trade Act of 1974
contain the authority under United States law to take
retaliatory action, including import restrictions, to enforce
the rights of the United States against any unjustifiable,
unreasonable, or discriminatory practice or policy of a country
that burdens or restricts United States commerce.
(6) Economists have estimated that the RMB (the currency of
the People's Republic of China) is undervalued against the
United States dollar by as much as 40 percent.
(7) Import tariffs of the People's Republic of China
currently average about 15 percent. Assuming the recent
estimates of Chinese RMB undervaluation against the dollar are
correct, the effect of a free and open currency market would be
more than twice as large as the effect of eliminating every
tariff that the People's Republic of China imposes on United
States goods.
(8) The President should formally initiate action against
the People's Republic of China, on account of the manipulation
of its currency, pursuant to article XV of the GATT 1994, the
rules of the International Monetary Fund, sections 122 and 301
through 309 of the Trade Act of 1974 (19 U.S.C. 2132 and 2411
through 2419), and section 3004 of the Omnibus Trade and
Competitiveness Act of 1988 (22 U.S.C. 5304).
(9) The President should, without weakening or impairing
existing trade remedies, clarify and improve World Trade
Organization rules with regard to currency manipulation for
trade advantage to reflect modern day monetary policy not
envisioned at the time current rules were adopted in 1947, and
report to Congress on ways to increase oversight and input
opportunities for Congress in the interaction of the United
States in the World Trade Organization.
SEC. 3. ANALYSIS OF AND REPORT ON EXCHANGE RATE POLICIES OF CHINA.
(a) Analysis.--The Secretary of the Treasury shall, upon the
enactment of this Act and annually thereafter, analyze the exchange
rate policies of the People's Republic of China in order to determine
whether that country manipulates the rate of exchange between the
currency of that country and the United States dollar, within the
meaning of article XV of the GATT 1994.
(b) Computation of Rate of Manipulation.--If the Secretary of the
Treasury makes an affirmative determination under subsection (a), the
Secretary shall compute the rate of manipulation against the dollar in
the form of a percentage.
(c) Reports to Congress.--The Secretary of the Treasury shall
submit to the Committee on Ways and Means of the House of
Representatives and to the Committee on Finance of the Senate a report
on the Secretary's analysis and findings under subsection (a), and any
rate computed under subsection (b). The report shall be submitted--
(1) with respect to the analysis conducted upon the
enactment of this Act, not later than 60 days after the date of
the enactment of this Act; and
(2) with respect to each subsequent analysis, at the end of
each 1-year period thereafter.
SEC. 4. ADDITIONAL TARIFFS.
(a) Additional Tariff.--In any case in which a report of the
Secretary of the Treasury submitted under section 3(c) includes a rate
of manipulation under section 3(b), the Secretary shall, not later than
30 days after the report is submitted, impose on all products of China
that enter the customs territory of the United States, in addition to
any duty that otherwise applies, a tariff equal to the applicable
percentage of the appraised value of the product at the time of entry.
For purposes of this subsection, the ``applicable percentage'' is the
percentage equal to the rate of manipulation.
(b) Annual Modification.--Any tariff imposed under subsection (a)
shall be modified annually to the extent necessary to comply with the
most recent report of the Secretary of the Treasury under section 3(c).
SEC. 5. DEFINITIONS.
In this Act, the terms ``GATT 1994'' and ``WTO member'' have the
meanings given those terms in section 2 of the Uruguay Round Agreements
Act (19 U.S.C. 3501). | Currency Harmonization Initiative through Neutralizing Action Act of 2005 - Directs the Secretary of the Treasury to analyze annually the exchange rate policies of the People's Republic of China, and to impose additional tariffs, if necessary, to equalize any currency manipulations. | To require the Secretary of the Treasury to analyze and report on the exchange rate policies of the People's Republic of China, and to require that additional tariffs be imposed on products of that country on the basis of the rate of manipulation by that country of the rate of exchange between the currency of that country and the United States dollar. |
960 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Freedom of Information
Improvement Act of 1994''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the purpose of the Freedom of Information Act is to
require agencies of the Federal Government to make certain
agency information available for public inspection and copying
and to establish and enable enforcement of the right of any
person to obtain access to the records of such agencies
(subject to statutory exemptions) for any public or private
purpose;
(2) since the enactment of the Freedom of Information Act
in 1966, and the amendments enacted in 1974 and 1986, the
Freedom of Information Act has been a valuable means through
which any person can learn how the Federal Government operates;
(3) the Freedom of Information Act has led to the
disclosure of waste, fraud, abuse, and wrongdoing in the
Federal Government;
(4) the Freedom of Information Act has led to the
identification of unsafe consumer products, harmful drugs, and
serious health hazards;
(5) Government agencies increasingly use computers to
conduct agency business and to store publicly valuable agency
records and information; and
(6) Government agencies should use new technology to
enhance public access to agency records and information.
(b) Purposes.--The purposes of this Act are to--
(1) foster democracy by ensuring public access to agency
records and information;
(2) improve public access to agency records and
information;
(3) ensure agency compliance with statutory time limits;
and
(4) maximize the usefulness of agency records and
information collected, maintained, used, retained, and
disseminated by the Federal Government.
SEC. 3. PUBLIC INFORMATION AVAILABILITY.
Section 552(a)(1) of title 5, United States Code, is amended--
(1) in the first sentence by inserting ``by computer
telecommunications, or if computer telecommunications means are
not available, by other electronic means,'' after ``Federal
Register'';
(2) by striking out ``and'' at the end of subparagraph (D);
(3) by redesignating subparagraph (E) as subparagraph (F);
and
(4) by inserting after subparagraph (D) the following new
subparagraph:
``(E) a complete list of all statutes that the agency head
or general counsel relies upon to authorize the agency to
withhold information under subsection (b)(3) of this section,
together with a specific description of the scope of the
information covered; and''.
SEC. 4. MATERIALS MADE AVAILABLE IN ELECTRONIC FORMAT.
Section 552(a)(2) of title 5, United States Code, is amended--
(1) in the first sentence by inserting ``including, within
1 year after the date of the enactment of the Electronic
Freedom of Information Improvement Act of 1994, by computer
telecommunications, or if computer telecommunications means are
not available, by other electronic means,'' after ``copying'';
(2) in subparagraph (B) by striking out ``and'' after the
semicolon;
(3) in subparagraph (C) by inserting ``and'' after the
semicolon;
(4) by adding after subparagraph (C) the following new
subparagraphs:
``(D) an index of all major information systems containing
agency records regardless of form or format unless such an
index is provided as otherwise required by law; and
``(E) a description of any new major information system
with a statement of how such system shall enhance agency
operations under this section;''; and
(5) in the third sentence by inserting ``and the extent of
such deletion shall be indicated on the portion of the record
which is made available or published at the place in the record
where such deletion was made'' after ``explained fully in
writing''.
SEC. 5. LIST OF RECORDS MADE AVAILABLE TO THE PUBLIC AND HONORING
FORMAT REQUESTS.
Section 552(a)(3) of title 5, United States Code, is amended by--
(1) inserting ``(A)'' after ``(3)'';
(2) striking out ``(A) reasonably'' and inserting in lieu
thereof ``(i) reasonably'';
(3) striking out ``(B)'' and inserting in lieu thereof
``(ii)''; and
(4) adding at the end thereof the following new
subparagraphs:
``(B) A list of all records which are made available to any person
under this paragraph shall be made available for public inspection and
copying as provided under paragraph (2) of this subsection. Copies of
all such records, regardless of form or format, which because of the
nature of their subject matter, have become or are likely to become the
subject of subsequent requests under this paragraph for substantially
the same records, shall be made available for inspection and copying as
provided under paragraph (2) of this subsection.
``(C) An agency shall, as requested by any person, provide records
in any form or format in which such records are maintained by that
agency.
``(D) An agency shall make reasonable efforts to provide records in
the form or format requested by any person, including in an electronic
form or format, even where such records are not usually maintained but
are available in such form or format.''.
SEC. 6. DELAYS.
(a) Fees.--Section 552(a)(4)(A) of title 5, United States Code, is
amended by adding at the end thereof the following new clause:
``(viii) If at an agency's request, the Comptroller General
determines that the agency annually has either provided responsive
documents or denied requests in substantial compliance with the
requirements of paragraph (6)(A), one-half of the fees collected under
this section shall be credited to the collecting agency and expended to
offset the costs of complying with this section through staff
development and acquisition of additional request processing resources.
The remaining fees collected under this section shall be remitted to
the Treasury as general funds or miscellaneous receipts.''.
(b) Payment of the Expenses of the Person Making a Request.--
Section 552(a)(4)(E) of title 5, United States Code, is amended by
adding at the end thereof the following new sentence: ``The court may
assess against the United States all out-of-pocket expenses incurred by
the person making a request, and reasonable attorney fees incurred in
the administrative process, in any case in which the agency has failed
to comply with the time limit provisions of paragraph (6) of this
subsection.''.
(c) Demonstration of Circumstances for Delay.--Section 552(a)(4)(E)
of title 5, United States Code, is further amended--
(1) by inserting ``(i)'' after ``(E)''; and
(2) by adding at the end thereof the following new clause:
``(ii) Any agency not in compliance with the time limits set forth
in this subsection shall demonstrate to a court that the delay is
warranted under the circumstances set forth under paragraph (6) (B) or
(C) of this subsection.''.
(d) Period for Agency Decision To Comply With Request.--Section
552(a)(6)(A)(i) is amended by striking out ``ten days'' and inserting
in lieu thereof ``twenty days''.
(e) Agency Backlogs.--Section 552(a)(6)(C) of title 5, United
States Code, is amended by inserting after the second sentence the
following: ``As used in this subparagraph, `exceptional circumstances'
shall be unforeseen and shall not include delays that result from a
predictable workload, including any ongoing agency backlog, in the
ordinary course of processing requests for records.''.
(f) Notification of Denial.--The fourth sentence of section
552(a)(6)(C) of title 5, United States Code, is amended to read: ``Any
notification of any full or partial denial of any request for records
under this subsection shall set forth the names and titles or positions
of each person responsible for the denial of such request and the total
number of denied records and pages considered by the agency to have
been responsive to the request.''.
(g) Multitrack FIFO Processing and Expedited Access.--Section
552(a)(6) of title 5, United States Code, is amended by adding at the
end thereof the following new subparagraphs:
``(D)(i) Each agency shall adopt a first-in, first-out (hereafter
in this subparagraph referred to as FIFO) processing policy in
determining the order in which requests are processed. The agency may
establish separate processing tracks for simple and complex requests
using FIFO processing within each track.
``(ii) For purposes of such a multitrack system--
``(I) a simple request shall be a request requiring 10 days
or less to make a determination on whether to comply with such
a request; and
``(II) a complex request shall be a request requiring more
than 10 days to make a determination on whether to comply with
such a request.
``(iii) A multitrack system shall not negate a claim of due
diligence under subparagraph (C), if FIFO processing within each track
is maintained and the agency can show that it has reasonably allocated
resources to handle the processing for each track.
``(E)(i) Each agency shall promulgate regulations, pursuant to
notice and receipt of public comment, providing that upon receipt of a
request for expedited access to records and a showing by the person
making such request of a compelling need for expedited access to
records, the agency shall determine within 5 days (excepting Saturdays,
Sundays, and legal public holidays) after the receipt of such a
request, whether to comply with such request. No more than one day
after making such determination the agency shall notify the person
making a request for expedited access of such determination, the
reasons therefor, and of the right to appeal to the head of the agency.
A request for records to which the agency has granted expedited access
shall be processed as soon as practicable. A request for records to
which the agency has denied expedited access shall be processed within
the time limits under paragraph (6) of this subsection.
``(ii) A person whose request for expedited access has not been
decided within 5 days of its receipt by the agency or has been denied
shall be required to exhaust administrative remedies. A request for
expedited access which has not been decided may be appealed to the head
of the agency within 7 days (excepting Saturdays, Sundays, and legal
public holidays) after its receipt by the agency. A request for
expedited access that has been denied by the agency may be appealed to
the head of the agency within 2 days (excepting Saturdays, Sundays, and
legal public holidays) after the person making such request receives
notice of the agency's denial. If an agency head has denied, affirmed a
denial, or failed to respond to a timely appeal of a request for
expedited access, a court which would have jurisdiction of an action
under paragraph (4)(B) of this subsection may, upon complaint, require
the agency to show cause why the request for expedited access should
not be granted, except that such review shall be limited to the record
before the agency.
``(iii) The burden of demonstrating a compelling need by a person
making a request for expedited access may be met by a showing, which
such person certifies under penalty of perjury to be true and correct
to the best of such person's knowledge and belief, that failure to
obtain the requested records within the timeframe for expedited access
under this paragraph would--
``(I) threaten an individual's life or safety;
``(II) result in the loss of substantial due process rights
and the information sought is not otherwise available in a
timely fashion; or
``(III) affect public assessment of the nature and
propriety of actual or alleged governmental actions that are
the subject of widespread, contemporaneous media coverage.''.
SEC. 7. COMPUTER REDACTION.
Section 552(b) of title 5, United States Code, is amended by
inserting before the period in the sentence following paragraph (9):
``, and the extent of such deletion shall be indicated on the released
portion of the record at the place in the record where such deletion
was made''.
SEC. 8. DEFINITIONS.
Section 552(f) of title 5, United States Code, is amended to read
as follows:
``(f) For purposes of this section--
``(1) the term `agency' as defined in section 551(1) of
this title includes any executive department, military
department, Government corporation, Government controlled
corporation, or other establishment in the executive branch of
the Government (including the Executive Office of the
President), or any independent regulatory agency;
``(2) the term `record' means all books, papers, maps,
photographs, machine-readable materials, or other information
or documentary materials, regardless of physical form or
characteristics; and
``(3) the term `search' means a manual or automated review
of agency records that is conducted for the purpose of locating
those records which are responsive to a request under
subsection (a)(3)(A) of this section.''.
Passed the Senate August 25 (legislative day, August 18),
1994.
Attest:
MARTHA S. POPE,
Secretary. | Electronic Freedom of Information Improvement Act of 1994 - Amends the Freedom of Information Act (FOIA) to: (1) direct agencies to publish by computer telecommunications, or other electronic means if such communications are not available, all information required to be published in the Federal Register; (2) include among such required information a list of all statutes authorizing the agency to withhold information under such Act; (3) require reasonable efforts by the agency to provide records in an electronic format even when such records are not usually maintained in such format; (4) credit to agencies which have been found to be responsive to FOIA requests a percentage of the fees collected from such requests to offset compliance costs, at an agency's request; (5) provide for Government payment of the requester's out-of-pocket expenses in any case in which the agency has failed to comply with the FOIA request within prescribed time limits; (6) require an agency which violates such time limits to demonstrate that delay was warranted; (7) preclude treatment of routine agency backlogs as unusual circumstances warranting extension of time limits; (8) require denial notifications to specify the total number of denied records and pages considered in responding to the FOIA request; (9) mandate an agency first-in, first-out (FIFO) processing policy to determine the order in which requests are processed, allowing separate processing tracks for simple and complex requests; (10) mandate agency regulations governing FOIA requests for expedited access; (11) require deletions to be indicated on the released portion of the record where they were made; and (12) define "record" to include electronic information and "search" to include an automated examination to locate records. | Electronic Freedom of Information Improvement Act of 1994 |
961 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bend Pine Nursery Land Conveyance
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(2) State.--The term ``State'' means the State of Oregon.
SEC. 3. SALE OR EXCHANGE OF NATIONAL FOREST SYSTEM ADMINISTRATIVE SITES
IN OREGON.
(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) Tract A, Bend Pine Nursery, comprising approximately
210 acres, as depicted on site plan map entitled ``Bend Pine
Nursery Administrative Site, May 13, 1999''.
(2) Tract B, the Federal Government owned structures
located at Shelter Cove Resort, Deschutes National Forest,
buildings only, as depicted on site plan map entitled ``Shelter
Cove Resort, November 3, 1997''.
(3) Tract C, portions of isolated parcels of National
Forest Land located in Township 20 south, Range 10 East section
25 and Township 20 South, Range 11 East sections 8, 9, 16, 17,
20, and 21 consisting of approximately 1,260 acres, as depicted
on map entitled ``Deschutes National Forest Isolated Parcels,
January 1, 2000''.
(4) Tract D, Alsea Administrative Site, consisting of
approximately 24 acres, as depicted on site plan map entitled
``Alsea Administrative Site, May 14, 1999''.
(5) Tract E, Mapleton Administrative Site, consisting of
approximately 8 acres, as depicted on site plan map entitled
``Mapleton Administrative Site, May 14, 1999''.
(6) Tract F, Springdale Administrative Site, consisting of
approximately 3.6 acres, as depicted on site plan map entitled
``Site Development Plan, Columbia Gorge Ranger Station, April
22, 1964''.
(7) Tract G, Dale Administrative Site, consisting of
approximately 37 acres, as depicted on site plan map entitled
``Dale Compound, February 1999''.
(8) Tract H, Crescent Butte Site, consisting of
approximately .8 acres, as depicted on site plan map entitled
``Crescent Butte Communication Site, January 1, 2000''.
(b) Consideration.--Consideration for a sale or exchange of land
under subsection (a) may include the acquisition of land, existing
improvements, or improvements constructed to the specifications of the
Secretary.
(c) 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 (including regulations) applicable to the
conveyance and acquisition of land for the National Forest System.
(d) Cash Equalization.--Notwithstanding any other provision of law,
the Secretary may accept a cash equalization payment in excess of 25
percent of the value of land exchanged under subsection (a).
(e) Solicitations of Offers.--
(1) In general.--Subject to paragraph (3), the Secretary
may solicit offers for 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.
(3) Right of first refusal.--The Bend Metro Park and
Recreation District in Deschutes County, Oregon, shall be given
the right of first refusal to purchase the Bend Pine Nursery
described in subsection (a)(1).
(f) Revocations.--
(1) In general.--Any public land order withdrawing land
described in subsection (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.
(2) Effective date.--The effective date of any revocation
under paragraph (1) shall be the date of the patent or deed
conveying the land.
SEC. 4. DISPOSITION OF FUNDS.
(a) Deposit of Proceeds.--The Secretary shall deposit the proceeds
of a sale or exchange under section 3(a) in the fund established under
Public Law 90-171 (16 U.S.C. 484a) (commonly known as the ``Sisk
Act'').
(b) Use of Proceeds.--Funds deposited under subsection (a) shall be
available to the Secretary, without further Act of appropriation, for--
(1) the acquisition, construction, or improvement of
administrative and visitor facilities and associated land in
connection with the Deschutes National Forest;
(2) the construction of a bunkhouse facility in the
Umatilla National Forest; and
(3) to the extent the funds are not necessary to carry out
paragraphs (1) and (2), the acquisition of land and interests
in land in the State.
(c) Administration.--Subject to valid existing rights, the
Secretary shall manage any land acquired by purchase or exchange under
this Act in accordance with the Act of March 1, 1911 (16 U.S.C. 480 et
seq.) (commonly known as the ``Weeks Act''), and other laws (including
regulations) pertaining to the National Forest System.
SEC. 5. CONSTRUCTION OF NEW ADMINISTRATIVE FACILITIES.
The Secretary may acquire, construct, or improve administrative
facilities and associated land in connection with the Deschutes
National Forest System by using--
(1) funds made available under section 4(b); and
(2) to the extent the funds are insufficient to carry out
the acquisition, construction, or improvement, funds
subsequently made available for the acquisition, construction,
or improvement.
SEC. 6. AUTHORIZATION OF APPROPRIATION.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Grants right of first refusal to purchase the Bend Pine Nursery to the Bend Metro Parks and Recreation District in Deschutes County, Oregon.
Makes the proceeds from any such sale available to the Secretary without further appropriations Act for: (1) acquisition, construction, or improvement of administrative and visitor facilities and land in connection with the Deschutes National Forest; (2) construction of a bunkhouse facility in the Umatilla National Forest; and (3) acquisition of land in Oregon. Authorizes the Secretary to use such proceeds or other funds subsequently made available to acquire, construct, or improve such facilities.
Authorizes appropriations. | Bend Pine Nursery Land Conveyance Act |
962 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jesse Gray Housing Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) the number of rental dwelling units available for lower
income families is insufficient, and the physical condition of
a substantial portion of such dwelling units is inadequate;
(2) new construction of rental dwelling units is occurring
primarily in higher income areas;
(3) Federal housing assistance programs, such as rent
subsidies, vouchers, and other rental and mortgage assistance,
too frequently assist middle and higher income families and do
not meet the demand for housing by lower income families;
(4) such Federal housing assistance programs are not cost
effective, due to a lack of suitable rental dwelling units
available for lower income families; and
(5) a significant number of families are paying more than
25 percent of their monthly income for rent.
(b) Purpose.--It is the purpose of this Act--
(1) to ensure that all families in the United States have
access to rental dwelling units at rents that are not more than
25 percent of their monthly income, and that such rental
dwelling units are decent, safe, and sanitary;
(2) to ensure that all funds for housing assistance by the
Federal Government benefit lower income families by requiring
the Secretary of Housing and Urban Development to propose that
Federal housing assistance be limited to lower income families;
(3) to encourage the establishment of a public housing
system that consists of--
(A) projects located throughout metropolitan and
rural areas;
(B) low-density projects, to the extent
practicable; and
(C) dwelling units that are visually
indistinguishable from comparable privately owned
dwelling units;
(4) to provide for the revitalization of the housing
construction industry and related industries; and
(5) to remedy the discriminatory practices of construction
unions by providing for the establishment of special procedures
for employing individuals to construct and revitalize public
housing.
SEC. 3. CONSTRUCTION OF PUBLIC HOUSING.
Section 5 of the United States Housing Act of 1937 is amended by
adding at the end the following new subsection:
``(m)(1) The Secretary shall carry out a program for the
construction of 500,000 new dwelling units in public housing during
each of the fiscal years 1994 through 2003.
``(2) There are authorized to be appropriated to carry out this
subsection such sums as may be necessary for each of the fiscal years
1994 through 2003. Any amount appropriated under this paragraph shall
remain available until expended.''.
SEC. 4. REVITALIZATION OF PUBLIC HOUSING.
Section 14(b) of the United States Housing Act of 1937 is amended
by adding at the end the following new paragraph:
``(3)(A) To the extent approved in appropriation Acts and subject
to subparagraph (B), the Secretary shall make available and contract to
make available financial assistance under this subsection, in addition
to the financial assistance made available under paragraphs (1) and
(2). In making assistance available under this paragraph, the Secretary
shall give particular preference to public housing agencies requesting
such assistance for public housing projects that the Secretary
determines would likely have been subject to demolition or disposition
under section 18, as such section was in effect before the date of the
enactment of the Jesse Gray Housing Act.
``(B) For purposes of this paragraph, the aggregate amount of
budget authority that may be obligated for contracts for annual
contributions is increased on October 1 of each of the years 1993
through 2002 by the amount necessary to provide for the revitalization
of 100,000 dwelling units in public housing during each of the fiscal
years 1994 through 2003, respectively.''.
SEC. 5. PROHIBITION OF DEMOLITION AND DISPOSITION OF PUBLIC HOUSING.
(a) In General.--Section 18(a) of the United States Housing Act of
1937 is amended by striking all that follows ``project'' the second
place it appears and inserting a period.
(b) Conforming Amendments.--Section 18 of the United States Housing
Act of 1937 is amended--
(1) by striking subsections (b) and (c);
(2) in subsection (d), by striking ``subsections (a) and
(b)'' and inserting ``subsection (a)''; and
(3) by redesignating subsection (d) as subsection (b).
SEC. 6. EMPLOYMENT IN PUBLIC HOUSING CONSTRUCTION AND REVITALIZATION.
The United States Housing Act of 1937 is amended by adding at the
end the following new section:
``Employment in Public Housing
Construction and Revitalization
``Sec. 22. (a) In General.--In connection with any construction and
revitalization of public housing under sections 5 and 14, each public
housing agency shall carry out a program of job training and employment
of individuals residing in the area with respect to which such public
housing agency has authority. Each such program shall give preference
to such individuals who reside in public housing.
``(b) Program Requirements.--
``(1) Each training and employment program required in
subsection (a) shall provide that 50 percent of the individuals
employed in connection with the construction of any public
housing project shall be individuals described in such
subsection. Of the individuals employed under this paragraph,
60 percent shall be trained and employed in skilled and semi-
skilled positions.
``(2) Each training and employment program required in
subsection (a) shall provide that 35 percent of the individuals
employed in connection with the revitalization of any public
housing project shall be individuals described in such
subsection. Of the individuals employed under this paragraph,
70 percent shall be trained and employed in skilled and semi-
skilled positions.
``(c) Regulations.--The Secretary shall issue such regulations as
may be necessary to carry out the provisions of this section.''.
SEC. 7. TENANT RENT CONTRIBUTIONS.
(a) Rental and Cooperative Housing for Lower Income Families.--
Section 236(f) of the National Housing Act is amended--
(1) by striking ``30'' each place it appears and inserting
``25''; and
(2) in paragraph (1)(ii), by striking ``25'' and inserting
``20''.
(b) Lower Income Housing Under the United States Housing Act of
1937.--
(1) Section 3(a)(1)(A) of the United States Housing Act of
1937 is amended by striking ``30'' and inserting ``25''.
(2) Section 8(o)(2) of the United States Housing Act of
1937 is amended by striking ``30'' and inserting ``25''.
(c) Rural Housing for Lower Income Families.--
(1) Section 521(a)(2)(A) of the Housing Act of 1949 is
amended by striking ``30'' and inserting ``25''.
(2) Section 521(a)(3) of the Housing Act of 1949 is amended
by striking ``30'' each place it appears and inserting ``25''.
(3) Section 530 of the Housing Act of 1949 is amended by
striking ``30'' and inserting ``25''.
(d) Rent Supplements.--Section 101(d) of the Housing and Urban
Development Act of 1965 is amended by striking ``30'' and inserting
``25''.
(e) Transitional Provisions.--Section 206(d)(6) of the Housing and
Urban-Rural Recovery Act of 1983 is amended by striking ``30'' and
inserting ``25''.
(f) Exclusion of Certain Income.--For purposes of determining the
monthly contribution to be made by a family under the provisions
amended by this section, the adjusted income of a family shall exclude
any income attributable to any cost-of-living adjustment made after the
effective date of this section in--
(1) any welfare assistance received by such family from a
public agency; or
(2) any benefits received by such family under the Social
Security Act.
(g) Effective Date.--The provisions of, and amendments made by,
this section shall take effect on October 1, 1993.
SEC. 8. REPORT REGARDING FEDERAL HOUSING ASSISTANCE.
The Secretary of Housing and Urban Development, following
consultation with public housing agencies, shall prepare and submit to
the Congress a comprehensive report setting forth a proposal to limit
Federal housing assistance to assistance for public housing in order to
ensure that all funds for housing assistance provided by the Federal
Government benefit lower income families. | Jesse Gray Housing Act - Amends the United States Housing Act of 1937 to direct the Secretary of Housing and Urban Development to carry out a program to construct new public housing units.
Requires the Secretary to make financial assistance available for public housing projects, especially those likely to be disposed of or demolished.
Prohibits the Secretary from approving a project demolition application.
Requires public housing agencies to carry out job training and employment programs in connection with certain housing construction and revitalization projects.
Reduces lower income rent contribution amounts under the National Housing Act, the United States Housing Act of 1937, the Housing Act of 1949, the Housing and Urban Development Act of 1965, and the Housing and Urban-Rural Recovery Act of 1983. Excludes welfare or social security cost-of-living adjustments from such adjusted income determinations. | Jesse Gray Housing Act |
963 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arts, Humanities, and Museums
Amendments of 1993''.
SEC. 2. AMENDMENTS TO THE NATIONAL FOUNDATION ON THE ARTS AND THE
HUMANITIES ACT OF 1965.
(a) Modification of Limitation on Use of Federal Funds.--Section
5(g) of the National Foundation on the Arts and the Humanities Act of
1965 (20 U.S.C. 954(g)) is amended--
(1) in paragraph (4)(C)--
(A) by inserting ``(i)'' after ``(C)'', and
(B) by adding at the end the following:
``(ii) Notwithstanding any other provision of this subsection, the
amount allotted to a State for the current fiscal year under this
subsection may not be greater than the amount so allotted to such State
for the preceding fiscal year if--
``(I) the amount of State funds to be expended for such
current fiscal year to carry out this subsection is less than
the average annual amount expended by such State during the
most recent preceding period of 3 fiscal years to carry out
this subsection; and
``(II) the rate of the reduction in the amount of State
funds exceeds the rate of reduction in the aggregate of all
general fund expenditures to be made by the State in such
current fiscal year.'', and
(2) in paragraph (5)--
(A) by striking ``(5) All'' and inserting ``(5)(A)
Except as provided in subparagraph (B), all'', and
(B) by adding at the end the following:
``(B) All amounts allotted under paragraph (3) that are not made
available to a State as a result of the operation of subsection
(g)(4)(C)(ii) shall be allotted to the remaining States in equal
amounts.''.
(b) Funds Authorized for Program Grants.--Section 11(a)(1) of the
National Foundation on the Arts and the Humanities Act of 1965 (20
U.S.C. 960(a)(1)) is amended--
(1) in subparagraph (A)--
(i) in clause (i) by striking ``$125,800,000'' and
all that follows through ``1993'', and inserting
``$119,985,000 for fiscal year 1994 and such sums as
may be necessary for fiscal year 1995'',
(ii) by amending clause (ii) to read as follows:
``(ii) Not less than 27.5 percent of the amount appropriated under
clause (i) for each of the fiscal years 1994 and 1995 shall be for
carrying out section 5(g).'', and
(iii) in the first sentence of clause (iii) by
striking ``For'' and all that follows through ``year;''
the last place it appears, and inserting ``Not less
than 7.5 percent of the amount appropriated under
clause (i) for each of the fiscal years 1994 and
1995'', and
(2) in the first sentence of subparagraph (B) by striking
``$119,900,000'' and all that follows through ``1993'', and
inserting ``$130,573,000 for fiscal year 1994 and such sums as
may be necessary for fiscal year 1995''.
(c) Funds Authorized To Match Non-Federal Funds Received.--Section
11(a) of the National Foundation on the Arts and the Humanities Act of
1965 (20 U.S.C. 960(a)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``1993'' the first place it
appears and inserting ``1995'', and
(ii) by striking ``$13,000,000'' and all
that follows through ``1993'', and inserting
``$16,955,000 for fiscal year 1994 and such
sums as may be necessary for fiscal year
1995'', and
(B) in subparagraph (B)--
(i) by striking ``1993'' the first place it
appears and inserting ``1995'', and
(ii) by striking ``$12,000,000'' and all
that follows through ``1993'', and inserting
``$11,963,000 for fiscal year 1994 and such
sums as may be necessary for fiscal year
1995'',
(2) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking ``1993'' the first place it
appears and inserting ``1995'', and
(ii) by striking ``$15,000,000'' and all
that follows through ``1993'', and inserting
``$13,187,000 for fiscal year 1994 and such
sums as may be necessary for fiscal year
1995'', and
(B) in subparagraph (B)--
(i) by striking ``1993'' the first place it
appears and inserting ``1995'', and
(ii) by striking ``$15,150,000'' and all
that follows through ``1993'', and inserting
``$14,228,000 for fiscal year 1994 and such
sums as may be necessary for fiscal year
1995'', and
(3) in the last sentence of paragraph (4) by striking
``section 5(l)(2)'' and inserting ``section 5(p)(2)''.
(d) Funds Authorized for Administration of Programs of the National
Endowments.--Section 11(c) of the National Foundation on the Arts and
the Humanities Act of 1965 (20 U.S.C. 960(c)) is amended--
(1) in paragraph (1) by striking ``$21,200,000'' and all
that follows through ``1993'', and inserting ``$24,466,000 for
fiscal year 1994 and such sums as may be necessary for fiscal
year 1995'', and
(2) in paragraph (2) by striking ``$17,950,000'' and all
that follows through ``1993'', and inserting ``$20,727,000 for
fiscal year 1994 and such sums as may be necessary for fiscal
year 1995''.
(e) Limitations on Total Appropriations Authorized.--Section 11(d)
of the National Foundation on the Arts and the Humanities Act of 1965
(20 U.S.C. 960(d)) is amended--
(1) in paragraph (1) by striking ``exceed'' and all that
follows through the period at the end, and inserting ``exceed
$174,593,000 for fiscal year 1994.'', and
(2) in paragraph (2) by striking ``exceed'' and all that
follows through the period at the end, and inserting ``exceed
$177,491,000 for fiscal year 1994.''.
(f) Investigation and Report.--Not later than September 30, 1995,
the Chairperson of the National Endowment for the Arts shall--
(1) conduct an investigation of State compliance with
section 5(g)(4)(C)(i) of the National Foundation on the Arts
and the Humanities Act of 1965 (20 U.S.C. 954(g)(4)(C)(i)), and
(2) submit to the Speaker of the House of Representatives
and the President pro tempore, a report containing--
(A) the results of such investigation, and
(B) any information and recommendations as the
Chairperson considers to be appropriate.
SEC. 3. AMENDMENTS TO THE MUSEUM SERVICES ACT.
Section 209 of the Museum Services Act (20 U.S.C. 967) is amended--
(1) in subsection (a) by striking ``$24,000,000'' and all
that follows through ``1993'', and inserting ``$28,777,000 for
fiscal year 1994 and such sums as may be necessary for fiscal
year 1995'', and
(2) in subsection (d) by striking ``1993'' and inserting
``1995''.
Passed the House of Representatives October 14, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk. | Arts, Humanities, and Museums Amendments of 1993 - Amends the National Foundation on the Arts and the Humanities Act of 1965 to extend through FY 1995 the authorization of appropriations to carry out such Act, including funds for: (1) program grants and other assistance by the National Endowment for the Arts (NEA) and the National Endowment for the Humanities (NEH); (2) matching non-Federal funds received; and (3) administration of NEA and NEH programs. Sets limitations on total appropriations authorized for the NEA and the NEH in FY 1994. Limits a State's current NEA allotment to not more than the preceding year's level if: (1) the State's current year funding for the arts is less than the average annual amount expended by the State during the most recent preceding period of three fiscal years; and (2) the rate of reduction in its arts spending exceeds that for the aggregate of the State's general fund reductions for the current fiscal year. Amends the Museum Services Act to extend through FY 1995 the authorization of appropriations, including funds for: (1) grants to museums to increase and improve services; and (2) functions of the Institute of Museum Services (which is within the National Foundation on the Arts and the Humanities). | Arts, Humanities, and Museums Amendments of 1993 |
964 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Investment and Growth
Act''.
SEC. 2. S CORPORATION 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) Tax Rate on Certain S Corporation Income.--
``(1) In general.--Except as provided in paragraph (4), if
a taxpayer has taxable S corporation 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 qualified
taxable S corporation income, or
``(ii) the amount of taxable income taxed
at a rate below 36 percent, plus
``(B) a tax of 34 percent of qualified taxable S
corporation income in excess of the taxable income that
is subject to tax under subparagraph (A).
``(2) Taxable s corporation income.--For purposes of this
subsection--
``(A) Qualified taxable s corporation income.--The
term `qualified taxable S corporation income' means
taxable S corporation income only to the extent such
income does not exceed $5,000,000.
``(B) Special rule for qualified personal service
corporation.--
``(i) In general.--In the case of a
qualified personal service corporation, taxable
S corporation income taken into account under
subparagraph (A) may not exceed the excess of--
``(I) capital expenditures during
the taxable year and the 2 prior
taxable years, over
``(II) the amount of capital
expenditures taken into account under
subclause (I) for 2 prior taxable
years.
``(ii) Ordering rule.--For purposes of
clause (i), capital expenditures shall be used
in the order in which such expenditures are
made, beginning with the earliest year.
``(C) Taxable s corporation income.--The term
`taxable S corporation income' means, with respect to
any taxable year, the taxable income of the taxpayer
for such year attributable to the active conduct of any
trade or business of an eligible S corporation.
``(D) Eligible s corporation.--The term `eligible S
corporation' means an S corporation, except that such
term does not include--
``(i) a personal service corporation as
defined in section 469(j)(2), other than a
qualified personal service corporation, and
``(ii) a personal holding company (as
defined in section 542).
``(E) Qualified personal service corporation
defined.--The term `qualified personal service
corporation' has the meaning given such term in section
448(d)(2).
``(3) Qualified retained earnings account.--For purposes of
this subsection--
``(A) In general.--Each S corporation shall
establish a qualified retained earnings account which
shall be--
``(i) increased each year by the portion of
the taxable income of the S corporation that is
attributable to the active conduct of a trade
or business by the S corporation,
``(ii) decreased each year by the portion
of the taxable loss of the S corporation that
is attributable to such active conduct of a
trade or business, and
``(iii) decreased by qualified and
nonqualified distributions from such S
corporation to the shareholders thereof.
``(B) Qualified distributions.--For purposes of
subparagraph (A), a distribution from a qualified
retained earnings account shall be treated as a
qualified distribution if the distribution--
``(i) is made to the owners of the eligible
S corporation, and
``(ii) is made to enable the S corporation
shareholder to pay income taxes (Federal,
State, local) on the income of the eligible S
corporation.
The Secretary is authorized to promulgate regulations
pursuant to this subparagraph to provide rules to
determine the extent to which distributions by an S
corporation are made to enable the distributee to pay
its income taxes, including regulations that establish
a presumption that distributions are to enable the
distributee to pay income taxes if such distributions
do not exceed 34 percent of qualified taxable S
corporation income.
``(C) Distributions after taxable year.--For
purposes of subparagraph (B), a distribution from a
qualified retained earnings account within 75 days
after the end of a taxable year of the eligible S
corporation may be treated as a distribution made on
the last day of such taxable year.
``(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)(B) 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 S corporation 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 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 applicable to the
taxpayer in effect under this section for the
taxpayer's taxable year exceeds 34 percent.
``(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 last-in, first-out basis. Distributions in excess
of the balance of the qualified retained earnings
account shall not reduce such account below zero.
``(5) 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 34 percent.
``(6) 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 distributions of qualified retained
earnings.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 1997. | Small Business Investment and Growth Act - Amends the Internal Revenue Code to establish, as specified, a maximum taxable S corporation tax. Establishes a special rule for a qualified personal service corporation. Requires each S corporation to establish a qualified retained earnings account. Allows qualified distributions from such a qualified retained earnings account to the owners to enable the S corporation shareholder to pay income taxes. Requires regulations to establish a presumption that distributions are to pay income taxes if such distributions do not exceed 34 percent of qualified taxable S corporation income. Provides for an additional tax on nonqualified distributions. | Small Business Investment and Growth Act |
965 | SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Neighbors in Need
Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
Sec. 101. Program extension for States experiencing high unemployment.
TITLE II--FEDERAL UNEMPLOYMENT BENEFIT SYSTEM REFORMS
Sec. 201. Increase and decrease in earnings credited to State accounts
when States meet or fail to meet funding
goals.
Sec. 202. Interest-free advances to State accounts in Unemployment
Trust Fund restricted to States which meet
funding goals.
TITLE III--AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986
Sec. 301. 2-year suspension of tax on unemployment compensation.
Sec. 302. State collection of Federal unemployment tax.
Sec. 303. Required distribution of State-specific information packets.
TITLE I--TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
SEC. 101. PROGRAM EXTENSION FOR STATES EXPERIENCING HIGH UNEMPLOYMENT.
(a) In General.--The Temporary Extended Unemployment Compensation
Act of 2002 (26 U.S.C. 3304 note) is amended by inserting after section
208 the following:
``Sec. 208a. Program extension for States experiencing high
unemployment
``(a) In General.--Notwithstanding any other provision of this
title, an agreement under section 202(a) shall be considered to provide
that, in the case of a State described in subsection (b), the State
agency of such State will make payments of temporary extended
unemployment compensation--
``(1) to individuals described in subsection (d)(1); and
``(2) for any week of unemployment which begins in the
individual's period of eligibility (as defined in subsection
(e)).
``(b) State Eligibility Requirements.--A State described in this
subsection is any State that, during the week in which occurs the date
of the enactment of this Act--
``(1) is in an extended benefit period (as described in
section 203 of the Federal-State Extended Unemployment
Compensation Act of 1970); or
``(2) would be in such a period (as so defined) if section
203(d) of such Act were applied--
``(A) by disregarding subparagraph (A) of paragraph
(1) thereof and any reference to such subparagraph; and
``(B) by substituting `3' for `5' each place it
appears.
``(c) Terms and Conditions.--Except as otherwise provided in this
section, the preceding provisions of this title shall apply in the case
of any individual qualifying for temporary extended unemployment
compensation benefits by virtue of this section.
``(d) Amount in Account.--In determining the amount to be
established in an account under section 203(a) for purposes of this
section--
``(1) section 203(b)(1) shall be applied--
``(A) in the case of an individual who first
satisfies the exhaustion requirements of this title (as
set forth in section 202(b)(1)-(3)) during a week
beginning after December 31, 2003, and before the first
day of the week in which occurs the date of the
enactment of this section, by substituting `33\1/3\'
for `50' in section 203(b)(1)(A) and `8' for `13' in
section 203(b)(1)(B); and
``(B) in the case of an individual who first
satisfies such requirements during a week beginning on
or after the first day of the week in which occurs the
date of the enactment of this section and before the
close of the 12th week following the week in which
occurs the date of the enactment of this section, by
applying subparagraphs (A) and (B) of section 203(b)(1)
in accordance with their terms; and
``(2) section 203(c) shall be disregarded.
``(e) Period of Eligibility.--An individual's period of eligibility
consists of any week which begins on or after the first day of the week
in which occurs the date of the enactment of this section and which
(except as provided in subsection (f)) begins before the close of the
12th week following the week in which occurs the date of the enactment
of this section.
``(f) Transition.--In the case of an individual who is receiving
benefits under this section for any week beginning before the close of
the 12th week following the week in which occurs the date of the
enactment of this section, temporary extended unemployment compensation
shall continue to be payable to such individual for any week thereafter
for which the individual meets the eligibility requirements of this
title. No compensation shall be payable by virtue of the preceding
sentence for any week beginning after the 25th week following the week
in which occurs the date of the enactment of this section.''.
(b) Technical and Conforming Amendments.--(1) Section 208(a) of the
Temporary Extended Unemployment Compensation Act of 2002 is amended in
the matter before paragraph (1) by striking ``subsection (b),'' and
inserting ``subsection (b) or section 208a,''.
(2) The table of contents of Public Law 107-147 is amended by
inserting after the item relating to section 208 the following:
``208a. Program extension for States experiencing high unemployment.''.
TITLE II--FEDERAL UNEMPLOYMENT BENEFIT SYSTEM REFORMS
SEC. 201. INCREASE AND DECREASE IN EARNINGS CREDITED TO STATE ACCOUNTS
WHEN STATES MEET OR FAIL TO MEET FUNDING GOALS.
(a) In General.--Section 904 of the Social Security Act (42 U.S.C.
1104) is amended by adding at the end the following new subsection:
``Increase and Decrease in Amount of Earnings Allocated to State
Accounts When States Meet or Fail to Meet Funding Goals
``(h)(1) If the average daily balance in a State account in the
Unemployment Trust Fund for any calendar quarter exceeds the funding
goal of such State, the amount otherwise creditable to such account
under subsection (e) for such quarter shall be increased by the
interest premium on such excess. If the average daily balance in such a
State account for any calendar quarter is less than the funding goal of
such State, the amount otherwise creditable to such account under
subsection (e) for such quarter shall be decreased by the interest
penalty.
``(2) Paragraph (1) shall not apply with respect to any interest
premium or interest penalty to the extent that such application would
result in an increase or decrease of more than $2,500,000 in the amount
creditable to any State account for any calendar quarter.
``(3) For purposes of this subsection, the term `interest premium'
means, for any calendar quarter--
``(A) with respect to the State with the largest percentage
value of excess of the average daily balance in the State
account in the Unemployment Trust Fund over the funding goal of
such State, one-half of one percent of the amount of such
excess, and
``(B) with respect to each other State, the product of--
``(i) the amount of the excess of the average daily
balance in the State account in the Unemployment Trust
Fund over the funding goal of such State, and
``(ii) the percentage which bears the same ratio to
one-half of one percent as--
``(I) the percentage value of such excess,
bears to
``(II) the percentage value of the excess
of the State referred to in subparagraph (A).
The Secretary shall make appropriate adjustments in the interest
premium for any calendar quarter if the aggregate interest premiums
payable for such quarter exceed the aggregate interest penalties for
such quarter.
``(4) For purposes of this subsection, the term `interest penalty'
means, for any calendar quarter--
``(A) with respect to the State with the largest percentage
value of excess of the funding goal of such State over the
average daily balance in the State account in the Unemployment
Trust Fund, one-half of one percent of the amount otherwise
creditable to such account under subsection (e), and
``(B) with respect to each other State, the product of--
``(i) the amount otherwise creditable to such
account under subsection (e), and
``(ii) the percentage which bears the same ratio to
one-half of one percent as--
``(I) the percentage value of the excess of
the funding goal of the State over such average
daily balance of such State, bears to
``(II) the percentage value of such excess
of the State referred to in subparagraph (A).
``(5) For purposes of this subsection, the term `funding goal'
means, for any State for any calendar quarter, the average of the
unemployment insurance benefits paid by such State during each of the 3
years, in the 20-year period ending with the calendar year containing
such calendar quarter, during which the State paid the greatest amount
of unemployment benefits.
``(6) For purposes of this subsection, the term `percentage value'
means--
``(A) with respect to any excess of the average daily
balance in a State account in the Unemployment Trust Fund over
the funding goal of such State, the percentage which such
excess bears to such funding goal, and
``(B) with respect to any excess of such funding goal over
such average daily balance, the percentage which such excess
bears to such funding goal.''.
(b) Conforming Amendments.--
(1) Amounts credited to state accounts.--Subsection (e) of
section 904 of the Social Security Act (42 U.S.C. 1104(e)) is
amended in the first sentence by inserting ``(as modified by
subsection (h))'' after ``a proportionate part''.
(2) Interest rate on repayment of advances determined
without regard to interest premiums or penalties on amounts
credited to state accounts.--Subparagraph (A) of section
1202(b)(4) of such Act (42 U.S.C. 1322(b)(4)) is amended by
inserting ``(determined without regard to section 904(h))''
after ``preceding calendar year''.
(c) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Labor shall submit to the
Congress a report recommending sources of funding for the crediting of
interest premiums under subsection (h) of section 904 of the Social
Security Act (42 U.S.C. 1104), as added by this section, in the event
that the imposition of interest penalties under such subsection is
insufficient to fund such premiums.
(d) Effective Date.--The amendments made by this section shall
apply to calendar years beginning after December 31, 2007.
SEC. 202. INTEREST-FREE ADVANCES TO STATE ACCOUNTS IN UNEMPLOYMENT
TRUST FUND RESTRICTED TO STATES WHICH MEET FUNDING GOALS.
(a) In General.--Subparagraph (C) of section 1202(b)(2) of the
Social Security Act (42 U.S.C. 1322(b)(2)) is amended to read as
follows:
``(C) the average daily balance in the account of such
State in the Unemployment Trust Fund for each of 4 of the 5
calendar quarters preceding the calendar quarter in which such
advances were made exceeds the funding goal of such State (as
defined in section 904(h)).''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to calendar years beginning after the date of the enactment of
this Act.
TITLE III--AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986
SECTION 301. 2-YEAR SUSPENSION OF TAX ON UNEMPLOYMENT COMPENSATION.
(a) In General.--Section 85 of the Internal Revenue Code of 1986
(relating to unemployment compensation) is amended by adding at the end
the following new subsection:
``(c) Moratorium.--This section shall not apply to taxable years
beginning in 2004 or 2005.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2003.
SEC. 302. STATE COLLECTION OF FEDERAL UNEMPLOYMENT TAX.
(a) In General.--Chapter 23 of the Internal Revenue Code of 1986
(relating to Federal Unemployment Tax Act) is amended by redesignating
section 3311 as section 3312 and by inserting after section 3310 the
following new section:
``SEC. 3311. STATE COLLECTION OF TAX.
``(a) In General.--At the election of any State which is certified
as provided in section 3304, each employer who pays contributions, with
respect to any wages, into an unemployment fund maintained under the
unemployment compensation law of such State shall submit the tax
imposed by this chapter with respect to such wages to such State rather
than to the Secretary.
``(b) Coordination With Depositary Requirements.--Payment under
subsection (a) of the tax imposed by this chapter with respect to any
wages shall be treated as timely paid for purposes of this title if
paid by the employer to the State at the same time as a timely paid
payment, with respect to such wages, of contributions into an
unemployment fund maintained under the unemployment compensation law of
such State.
``(c) Exception for Payments Not Timely Paid.--Subsection (a) shall
not apply to any payment of the tax imposed by this chapter which is
not paid by an employer on or before the last date on which such
payment would be treated as timely paid under subsection (b).
``(d) Federal Tax Transferred to Secretary.--Each State making an
election under subsection (a) shall transmit to the Secretary, at the
time and in the manner prescribed by the Secretary, the amount of the
tax imposed by this chapter which is submitted to such State under
subsection (a) and a copy of the State tax return of each employer
making such a submission. The Secretary may, after consultation with
such organizations or other entities as the Secretary considers
appropriate, prescribe regulations requiring that additional
information be submitted by such State with respect to the amount of
such tax payable by such employer.''
(b) Clerical Amendment.--The table of sections for chapter 23 of
such Code is amended by striking the item relating to section 3311 and
inserting the following new items:
``Sec. 3311. State collection of tax.
``Sec. 3312. Short title.''
(c) Effective Date.--The amendments made by this section shall
apply to calendar years beginning after December 31, 2004.
SEC. 303. REQUIRED DISTRIBUTION OF STATE-SPECIFIC INFORMATION PACKETS.
(a) In General.--Subsection (a) of section 3304 of the Internal
Revenue Code of 1986 (relating to approval of State laws) is amended by
striking ``and'' at the end of paragraph (18), by striking the period
at the end of paragraph (19) and inserting ``; and'', and by adding at
the end the following new paragraph:
``(20) the State will distribute to unemployed individuals
State-specific information packets explaining unemployment
insurance eligibility conditions.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to certifications of States for 2005, except that section
3304(a)(20) of such Code, as added by subsection (a), shall not be a
requirement for the State law of any State prior to July 1, 2006, if
the legislature of such State does not meet in a regular session which
closes during the calendar year 2005. | Neighbors in Need Act - Amends the Temporary Extended Unemployment Compensation Act of 2002 (TEUCA) to provide a program extension for States experiencing high unemployment.
Amends the Social Security Act to require: (1) increases and decreases in the earnings credited to State accounts when States meet or fail to meet funding goals; and (2) restriction of interest-free advances to State accounts in the Unemployment Trust Fund to States which meet funding goals.
Amends the Internal Revenue Code to: (1) suspend the tax on individual unemployment compensation for 2004 and 2005; (2) allow certified States to elect to collect Federal unemployment taxes under the Federal Unemployment Tax Act (FUTA); and (3) require States to distribute to unemployed individuals State-specific information packets explaining unemployment insurance eligibility conditions. | To extend the Temporary Extended Unemployment Compensation Act of 2002, and for other purposes. |
966 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Indian Education
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Nontribal colleges that serve Native American Indian
students have a valuable supplemental role to that provided by
tribally controlled community colleges in making available
educational opportunities to Native American Indian students.
(2) Some 4-year colleges serve Native American Indian
students by providing tuition-free education, with the support
of the State in which the institutions are located, as mandated
by Federal statute, to hundreds of Native American Indian
students in fulfillment of a condition under which the United
States provided land and facilities for colleges to a State or
college.
(3) The value of the Native American Indian student tuition
waiver benefits contributed by these colleges and the States
that support them today far exceeds the value of the original
grant of land and facilities.
(4) The ongoing financial burden of meeting this Federal
mandate to provide tuition-free education to Native American
Indian students is no longer equitably shared among the States
and colleges because it does not distinguish between Native
American Indian students who are residents of the State or of
another State.
(5) In fiscal year 2012, the State of Colorado paid
approximately $13,000,000 in tuition fees to support the
education of Native American Indian students at Fort Lewis
College in Colorado. In the State of Minnesota, the University
of Minnesota waived $2,600,000 in tuition for Native American
Indian students in fiscal year 2012.
(6) Native American Indian student tuition waiver benefits
are now at risk of being terminated by severe budget
constraints being experienced by these colleges and the States
which support them.
(b) Purpose.--It is the purpose of this Act to ensure that Federal
funding is provided in order to relieve constrained State education
budgets and to support and sustain the longstanding Federal mandate
requiring colleges and States to waive, in certain circumstances,
tuition charges for Native American Indian students admitted to an
undergraduate college program, including the waiver of tuition charges
for Native American Indian students who are not residents of the State
in which the college is located.
SEC. 3. STATE RELIEF FROM FEDERAL MANDATE.
Part A of title III of the Higher Education Act of 1965 (20 U.S.C.
1057 et seq.) is amended by inserting after section 319 the following:
``SEC. 319A. STATE RELIEF FROM FEDERAL HIGHER EDUCATION MANDATE.
``(a) Amount of Payment.--
``(1) In general.--Subject to paragraphs (2) and (3), for
fiscal year 2014 and each succeeding fiscal year, the Secretary
shall pay to any eligible college an amount equal to the
charges for tuition for such year for all Native American
Indian students who--
``(A) are not residents of the State in which the
college is located; and
``(B) are enrolled in the college for the academic
year ending before the beginning of such fiscal year.
``(2) Eligible colleges.--For purposes of this section, an
eligible college is any institution of higher education serving
Native American Indian students that provides tuition-free
education as mandated by Federal statute, with the support of
the State in which it is located, to Native American Indian
students in fulfillment of a condition under which the college
or State received its original grant of land and facilities
from the United States.
``(3) Limitation.--The amount paid to any eligible college
for each fiscal year under paragraph (1) may not exceed the
amount equal to the charges for tuition for all Native American
Indian students of that college who were not residents of the
State in which the college is located and who were enrolled in
the college for academic year 2012-2013.
``(b) Treatment of Payment.--Any amounts received by an eligible
college under this section shall be treated as a reimbursement from the
State in which the college is located, and shall be considered as
provided in fulfillment of any Federal mandate upon the State to admit
Native American Indian students free of charge of tuition.
``(c) Rule of Construction.--Nothing in this section shall be
construed to relieve any State from any mandate the State may have
under Federal law to reimburse a college for each academic year--
``(1) with respect to Native American Indian students
enrolled in the college who are not residents of the State in
which the college is located, any amount of charges for tuition
for such students for such academic year that exceeds the
amount received under this section for such academic year; and
``(2) with respect to Native American Indian students
enrolled in the college who are residents of the State in which
the college is located, an amount equal to the charges for
tuition for such students for such academic year.
``(d) Definition of Native American Indian Students.--In this
section, the term `Native American Indian students' includes reference
to the term `Indian pupils' as that term has been utilized in Federal
statutes imposing a mandate upon any college or State to provide
tuition-free education to Native American Indian students in
fulfillment of a condition under which the college or State received
its original grant of land and facilities from the United States.''.
SEC. 4. OFFSET.
(a) In General.--Notwithstanding any other provision of law,
$15,000,000 in appropriated discretionary funds are hereby rescinded,
on a pro rata basis, by account, from all available unobligated funds.
(b) Implementation.--The Director of the Office of Management and
Budget shall determine and identify from which appropriation accounts
the rescission under subsection (a) shall apply and the amount of such
rescission that shall apply to each such account. Not later than 60
days after the date of enactment of this Act, the Director of the
Office of Management and Budget shall submit a report to the Secretary
of the Treasury and Congress of the accounts and amounts determined and
identified for rescission under the preceding sentence.
(c) Exception.--This section shall not apply to the unobligated
funds of the Department of Defense, the Department of Veterans Affairs,
or the Department of Education, or any unobligated funds available to
the Department of the Interior for the postsecondary education of
Native American Indian students. | Native American Indian Education Act - Amends the Higher Education Act of 1965 to direct the Secretary of Education to pay institutions of higher education the out-of-state tuition of their Indian students if the schools are required to provide a tuition-free education, with the support of their state, to Native American Indian students in fulfillment of a condition under which the college or state received its original grant of land and facilities from the federal government. Limits that payment each fiscal year to the institution's total out-of-state tuition for Native American Indian students in academic year 2012-2013. Treats such payments as reimbursements to such institutions from their states. Rescinds unobligated discretionary appropriations to offset the costs of this program. | Native American Indian Education Act |
967 | SECTION 1. ALEXANDER CREEK VILLAGE RECOGNITION.
The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is
amended by adding at the end the following:
``alexander creek village recognition
``Sec. 43.
``(a) Recognition of the Village of Alexander Creek.--Alexander
Creek, located within Township 15N, Range 7W, Seward Meridian, Alaska,
is an eligible Native village under section 11(b)(3).
``(b) Definitions.--For the purposes of this section, the following
terms apply:
``(1) The term `agency' includes--
``(A) any instrumentality of the United States;
``(B) any element of an agency; and
``(C) any wholly owned or mixed-owned corporation
of the United States Government identified in chapter
91 of title 31, United States Code.
``(2) The term `conservation system unit' has the meaning
given that term in the Alaska National Interest Lands
Conservation Act.
``(3) The term `Alexander Creek' means Alexander Creek
Incorporated, an Alaska Native Group corporation, organized
pursuant to this Act.
``(4) The term `property' has the meaning given that term
in Public Law 94-204 (43 U.S.C. 1611 note).
``(5) The term `Region' means Cook Inlet Region
Incorporated, an Alaska Native Regional Corporation, which is
the appropriate Regional Corporation for Alexander Creek under
section 1613(h).
``(c) Establishment.--(1) The Secretary of the Treasury, in
consultation with the Secretary of the Interior, shall establish an
account in the Treasury to be known as the `Alexander Creek account'.
``(2) Funds in the Alexander Creek account shall--
``(A) be available to Alexander Creek for bidding on and
purchasing property sold at public sale, subject to paragraph
(3); and
``(B) remain available until expended.
``(3)(A) Alexander Creek may use funds in the Alexander Creek
account to bid as any other bidder for property in Alaska at any public
sale by an agency and may purchase such property in accordance with
applicable laws and regulations of the agency offering the property for
sale.
``(B) In conducting a transaction described in subparagraph (A), an
agency shall accept, in the same manner as cash, any amount tendered
from the Alexander Creek account. The Secretary of the Treasury shall
adjust the balance of the Alexander Creek account to reflect the
transaction.
``(C) The Secretary of the Treasury, in consultation with the
Secretary of the Interior, shall establish procedures for the following
transactions related to the Alexander Creek account:
``(i) Receipt of deposits.
``(ii) Receipt of deposits into escrow when an escrow is
required for the sale of property.
``(iii) Reinstatement to the Alexander Creek account of any
unused escrow deposits in the event that a sale of property is
not consummated.
``(d) Land Exchange.--The Secretary of the Interior shall enter
into negotiations to attempt to conclude, under the authority of
section 22(f), a land exchange to acquire the surface estate in lands
not within any conservation system unit from the State of Alaska or the
Matanuska-Susitna Borough under the same procedures set forth in
section 22(f) to enable Alexander Creek to select additional public
lands within Alexander Creek's original withdrawal area in Alaska, as
identified by Alexander Creek.
``(e) Amount.--(1) The initial balance of the Alexander Creek
account shall be the fair market value of the surface estate of the
approximately 61,440 acres of deficiency selections made by Alexander
Creek, as depicted on the map entitled `____________' and dated
____________.
``(2) If a conveyance is made to Alexander Creek pursuant to
subsection (d), the Alexander Creek account shall be reduced by the
amount of the actual acres conveyed multiplied by the average value per
acre determined under subsection (g).
``(f) Subsurface Estate.--The subsurface estate to lands conveyed
to Alexander Creek under this section shall be conveyed, without
consideration, to the Region.
``(g) Appraisal.--(1)(A) The Secretary shall determine the amount
to be deposited into the Alexander Creek account by appraising the fair
market value, as of the date of the enactment of this section, of each
section selected as a separate parcel and considering that `public
interest' use may be the highest and best use of such parcels.
``(B) Alexander Creek shall have the opportunity to present
evidence of value to the Secretary. The Secretary shall provide
Alexander Creek with a preliminary draft of the appraisal. Alexander
Creek shall have a reasonable and sufficient opportunity to comment on
the appraisal.
``(2) The Secretary shall forward a certified copy of the appraisal
to Alexander Creek.
``(h) Implementation.--(1) Alexander Creek may assign without
restriction any or all of the Alexander Creek account upon written
notification to the Secretary of the Treasury and the Secretary of the
Interior. In the event that such an assignment is made to the Region,
on notice from Alexander Creek to the Secretary of the Treasury and the
Secretary of the Interior, the amount of such assignment shall be added
to or made a part of the Region's Property Account in the Treasury
established pursuant to section 12(b) of Public Law 94-204, and may be
used in the same manner as other funds in that account.
``(2) Upon certification by the Secretary of the Interior of the
appraisal completed pursuant to subsection (g), Alexander Creek shall
be deemed to have accepted the terms of this section in lieu of any
other land entitlement it could have received pursuant to this Act.
Such acceptance shall satisfy all claims Alexander Creek had or may
have had against the United States on the date of the enactment of this
section.
``(3) Any land conveyed to Alexander Creek pursuant to subsection
(e) shall be deemed to be a conveyance pursuant to this Act.
``(i) Treatment of Amounts From Account.--The Secretary of the
Treasury and the heads of agencies shall administer sales pursuant to
this section in the same manner as is provided for any other Native
village authorized by law as of the date of the enactment of this
section (including the use of similar accounts for bidding on and
purchasing property sold for public sale).
``(j) Limitation on Agents' and Attorneys' Fees.--No more than 2.5
percent of payments received by or on behalf of Alexander Creek under
this section may be paid to or received by any agent or attorney for
services rendered in connection with obtaining such payment, any
contract to the contrary notwithstanding. Any person who violates this
subsection shall be guilty of a misdemeanor and shall be subject to a
fine in the amount provided in title 18, United States Code.''. | Amends the Alaska Native Claims Settlement Act to recognize Alexander Creek in Seward Meridian, Alaska, as a Native village.
Requires the Secretary of the Treasury to establish the Alexander Creek account in the Treasury to be available to Alexander Creek Incorporated (an Alaska Native Group corporation) for bidding on and purchasing property sold at public sale, subject to this Act.
Requires the: (1) Secretary of the Interior to enter into negotiations to attempt to conclude a land exchange to acquire the surface estate in lands not within any conservation system unit from the State of Alaska or the Matanuska-Susitna Borough to enable Alexander Creek to select additional public lands within its original withdrawal area; and (2) conveyance, without consideration, of the subsurface estate to such conveyed lands to the Cook Inlet Region Incorporated (the Regional Corporation for Alexander Creek).
Provides that: (1) upon certification by the Secretary of the appraisal of lands selected for purchase, the Alexander Creek Incorporated shall be deemed to have accepted the terms of this Act in lieu of any other land entitlement it could have received pursuant to this Act; and (2) the acceptance shall satisfy all claims such Corporation had or may have had against the United States on the enactment of this Act. | To amend that Alaska Native Claims Settlement Act to recognize Alexander Creek as Native village, and for other purposes. |
968 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer's Defense Act''.
SEC. 2. MANDATORY CONGRESSIONAL REVIEW.
Chapter 8 of title 5, United States Code, is amended by inserting
after section 808 the following:
``SUBCHAPTER II--MANDATORY REVIEW OF CERTAIN RULES
``Sec. 815. Rules Subject to Mandatory Congressional Review
``A rule that establishes or increases a tax, however denominated,
shall not take effect before the date of the enactment of a bill
described in section 816 and is not subject to review under subchapter
I. This section does not apply to a rule promulgated under the Internal
Revenue Code of 1986. For purposes of this section, the term `tax'
means a non-penal, mandatory payment of money or its equivalent to the
extent such payment does not compensate the Federal Government or other
payee for a specific benefit conferred directly on the payer.
``Sec. 816. Agency Submission
``Whenever an agency promulgates a rule subject to section 815, the
agency shall submit to each House of Congress a report containing the
text of only the part of the rule that causes the rule to be subject to
section 815 and an explanation of it. An agency shall submit such a
report separately for each such rule it promulgates. The explanation
shall consist of the concise general statement of the rule's basis and
purpose required by section 553 and such explanatory documents as are
mandated by other statutory requirements.
``Sec. 817. Approval Bill
``(a) Introduction and Referral.--
``(1) Introduction.--Not later than 3 legislative days
after the date on which an agency submits a report under
section 816, the Majority Leader of each House of Congress
shall introduce (by request) a bill the matter after the
enacting clause of which is as follows: ``The following agency
rule may take effect:''. The text submitted under section 816
shall be set forth after the colon. If such a bill is not
introduced in a House of Congress as provided in the first
sentence of this subsection, any Member of that House may
introduce such a bill not later than 7 legislative days after
the period for introduction by the Majority Leader.
``(2) Referral.--A bill introduced under paragraph (1)
shall be referred to the Committees in each House of Congress
with jurisdiction over the subject matter of the rule involved.
``(b) Procedure.--
``(1) Consideration in the house of representatives.--
``(A) Committee or member action.--Any committee of
the House of Representatives to which a bill is
referred shall report it without amendment, and with or
without recommendation, not later than the 30th
calendar day of session after the date of its
introduction. If any committee fails to report the bill
within that period, it is in order to move that the
House discharge the committee from further
consideration of the bill. A motion to discharge may be
made only by a Member favoring the bill (but only at a
time designated by the Speaker on the legislative day
after the calendar day on which the Member offering the
motion announces to the House his intention to do so
and the form of the motion). The motion is highly
privileged. Debate thereon shall be limited to not more
than one hour, the time to be divided in the House
equally between the proponent and an opponent. The
previous question shall be considered as ordered on the
motion to its adoption without intervening motion. A
motion to reconsider the vote by which the motion is
agreed to or disagreed to shall not be in order.
``(B) House action.--After a bill is reported or a
committee has been discharged from further
consideration, it is in order to move that the House
resolve into the Committee of the Whole House on the
State of the Union for consideration of the bill. If
reported and the report has been available for at least
one calendar day, all points of order against the bill
and against consideration of the bill are waived. If
discharged, all points of order against the bill and
against consideration of the bill are waived. The
motion is highly privileged. A motion to reconsider the
vote by which the motion is agreed to or disagreed to
shall not be in order. During consideration of the bill
in the Committee of the Whole, the first reading of the
bill shall be dispensed with. General debate shall
proceed, shall be confined to the bill, and shall not
exceed one hour equally divided and controlled by a
proponent and an opponent of the bill. After general
debate, the bill shall be considered as read for
amendment under the five-minute rule. At the conclusion
of the consideration of the bill, the Committee shall
rise and report the bill to the House without
intervening motion. The previous question shall be
considered as ordered on the bill to final passage
without intervening motion. A motion to reconsider the
vote on passage of the bill shall not be in order.
``(C) Appeals.--Appeals from decisions of the Chair
regarding application of the rules of the House of
Representatives to the procedure relating to a bill
shall be decided without debate.
``(2) Consideration in the senate.--
``(A) Referral and reporting.--Any bill introduced
in the Senate shall be referred to the appropriate
committee or committees. A committee to which a bill
has been referred shall report the bill without
amendment not later than the 30th day of session
following the date of introduction of that bill. If any
committee fails to report the bill within that period,
that committee shall be automatically discharged from
further consideration of the bill and the bill shall be
placed on the Calendar.
``(B) Bill from house.--When the Senate receives
from the House of Representatives a bill, such bill
shall not be referred to committee and shall be placed
on the Calendar.
``(C) Motion nondebatable.--A motion to proceed to
consideration of a bill under this subsection shall not
be debatable. It shall not be in order to move to
reconsider the vote by which the motion to proceed was
adopted or rejected, although subsequent motions to
proceed may be made under this paragraph.
``(D) Limit on consideration.--
``(i) Vote.--After no more than 10 hours of
consideration of a bill, the Senate shall
proceed, without intervening action or debate
(except as permitted under subparagraph (F)),
to vote on the final disposition thereof to the
exclusion of all motions, except a motion to
reconsider or to table.
``(ii) Motion to extend.--A single motion
to extend the time for consideration under
clause (i) for no more than an additional 5
hours is in order before the expiration of such
time and shall be decided without debate.
``(iii) Time for debate.--The time for
debate on the disapproval bill shall be equally
divided between the Majority Leader and the
Minority Leader or their designees.
``(E) No motion to recommit.--A motion to recommit
a bill shall not be in order.
``(F) Disposition of senate bill.--If the Senate
has read for the third time a bill that originated in
the Senate, then it shall be in order at any time
thereafter to move to proceed to the consideration of a
bill for the same special message received from the
House of Representatives and placed on the Calendar
pursuant to subparagraph (B), strike all after the
enacting clause, substitute the text of the Senate
bill, agree to the Senate amendment, and vote on final
disposition of the House bill, all without any
intervening action or debate.
``(G) Consideration of house message.--
Consideration in the Senate of all motions, amendments,
or appeals necessary to dispose of a message from the
House of Representatives on a bill shall be limited to
not more than 4 hours. Debate on each motion or
amendment shall be limited to 30 minutes. Debate on any
appeal or point of order that is submitted in
connection with the disposition of the House message
shall be limited to 20 minutes. Any time for debate
shall be equally divided and controlled by the
proponent and the majority manager, unless the majority
manager is a proponent of the motion, amendment,
appeal, or point of order, in which case the minority
manager shall be in control of the time in
opposition.''.
SEC. 3. TECHNICAL AMENDMENTS.
(a) Heading.--Chapter 8 of title 5, United States Code, is amended
by inserting before section 801 the following:
``SUBCHAPTER I--DISCRETIONARY CONGRESSIONAL REVIEW''.
(b) Reference.--Section 804 of title 5, United States Code, is
amended by striking ``this chapter'' and inserting ``this subchapter''.
(c) Table of Sections.--The table of sections for chapter 8 of
title 5, United States Code, is amended by inserting before the
reference to section 801 the following:
``subchapter i--discretionary congressional review''
and by inserting after the reference to section 808 the following:
``subchapter ii--mandatory review of certain rules
``815. Rules subject to mandatory Congressional review.
``816. Agency submission.
``817. Approval bill.''. | Requires an agency promulgating such a rule to submit to each House of Congress a report containing the text of the part of the rule that establishes or increases a tax, and an explanation of the rule.
Outlines procedures for House and Senate consideration of the bill authorizing the rule to take effect. | Taxpayer's Defense Act |
969 | SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.
(a) Short Title.--This Act may be cited as the ``Veterans'
Insurance Reform Act of 1995''.
(b) References.--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 title 38, United States Code.
SEC. 2. REMOVAL OF GENDER REFERENCES.
(a) In General.--
(1) Section 1315(f)(1)(F) is amended by striking out
``servicemen's'' in the first place it appears and inserting in
lieu thereof ``servicemembers'''.
(2) Sections 1967 (a), (c), and (f), 1968(b), 1969 (a)-(e),
1970 (a), (f), and (g), 1971(b), 1973, 1974, 1977 (a), (d),
(e), and (g), 3017(a), and 3224(1) are amended by striking out
``Servicemen's'' each place it appears and inserting in lieu
thereof ``Servicemembers'''.
(b) Conforming Amendments.--(1)(A) The heading of subchapter III of
chapter 19 is amended to read as follows:
``SUBCHAPTER III--SERVICEMEMBERS' GROUP LIFE INSURANCE (FORMERLY
SERVICEMEN'S GROUP LIFE INSURANCE)''.
(B) The item relating to such subchapter in the table of sections
at the beginning of such chapter is amended to read as follows:
``Subchapter III--Servicemembers' Group Life Insurance (Formerly
Servicemen's Group Life Insurance)''.
(2)(A) The heading of section 1974 is amended to read as follows:
``Sec. 1974. Advisory Council on Servicemembers' Group Life Insurance
(formerly Servicemen's Group Life Insurance)''.
(B) The item relating to such section in the table of sections at
the beginning of chapter 19 is amended to read as follows:
``1974. Advisory Council on Servicemembers' Group Life Insurance
(formerly Servicemen's Group Life
Insurance)''.
SEC. 3. MERGER OF RETIRED RESERVIST SERVICE- MEMBERS' GROUP LIFE
INSURANCE AND VETERANS' GROUP LIFE INSURANCE AND
EXTENSION OF VETERANS' GROUP LIFE INSURANCE TO MEMBERS OF
THE READY RESERVES.
(a) Section 1965(5) is amended--
(1) in subparagraph (B), by inserting ``and'' at the end
thereof;
(2) by striking subparagraphs (C) and (D); and
(3) redesignating subparagraph (E) as subparagraph (C).
(b) Section 1967 is amended--
(1) in subsection (a)--
(A) in paragraph (1) by inserting ``and'' at the
end thereof;
(B) by striking paragraphs (3) and (4) in their
entirety; and
(C) by striking ``or the first day a member of the
Reserves, whether or not assigned to the Retired
Reserve of a uniformed service, meets the
qualifications of section 1965(5)(C) of this title, or
the first day a member of the Reserves meets the
qualifications of section 1965(5)(D) of this title,'';
and
(2) by striking subsection (d) in its entirety; and
(3) by redesignating subsections (e) and (f) as subsections
(d) and (e) respectively.
(c) Section 1968 is amended--
(1) in subsection (a)--
(A) by striking ``subparagraph (B), (C), or (D) of
section 1965(5)'' and inserting ``section 1965(5)(B)''
in lieu thereof;
(B) in paragraph (4) by striking--
(i) ``--(A)'' and inserting a comma in lieu
thereof;
(ii) subparagraphs (B) and (C) in their
entirety; and
(C) by striking paragraphs (5) and (6) in their
entirety; and
(2) in subsection (b) by striking the last two sentences.
(d) Section 1969 is amended--
(1) in subsection (a)(2) by striking ``is assigned to the
Reserve (other than the Retired Reserve) and meets the
qualifications of section 1965(5)(C) of this title, or is
assigned to the Retired Reserve and meets the qualifications of
section 1965(5)(D) of this title,'';
(2) by striking subsection (e) in its entirety; and
(3) by redesignating subsections (f) and (g) as subsections
(e) and (f) respectively.
SEC. 4. CONVERSION TO COMMERCIAL LIFE INSURANCE POLICY.
(a) Section 1968(b) is amended by--
(1) adding ``(1)'' following ``the date such insurance
would cease,'' in the first sentence;
(2) redesignating clauses (1) and (2) in the first sentence
as (A) and (B) respectively;
(3) striking ``title.'' at the end of the first sentence
and inserting in lieu thereof ``title, or, (2) at the election
of the member, shall be converted to an individual policy of
insurance as described in section 1977(e) of this title upon
written application for conversion made to the participating
company selected by the member and payment of the required
premiums.''; and
(4) adding ``to Veterans' Group Life Insurance'' following
``automatic conversion'' in the second sentence.
(b) Section 1977 is amended--
(1) in paragraph (a) by striking the last two sentences and
inserting in lieu thereof the following: ``If any person
insured under Veterans' Group Life Insurance again becomes
insured under Servicemembers' Group Life Insurance but dies
before terminating or converting such person's Veterans' Group
Insurance, Veterans' Group Life Insurance will be payable only
if such person is insured for less than $200,000 under
Servicemembers' Group Life Insurance, and then only in an
amount which when added to the amount of Servicemembers' Group
Life Insurance payable shall not exceed $200,000.''; and
(2) in paragraph (e) by striking the third sentence and
inserting in lieu thereof the following: ``The Veterans' Group
Life Insurance policy will terminate on the day before the date
on which the individual policy becomes effective.''.
SEC. 5. EFFECTIVE DATE.
The Servicemembers' Group Life Insurance of any member of the
Retired Reserve of a uniform service in force on the date of enactment
of this Act shall be converted, effective ninety days after that date,
to Veterans' Group Life Insurance. | Veterans' Insurance Reform Act of 1995 - Redesignates the Servicemen's Group Life Insurance program as the Servicemembers' Group Life Insurance (SGLI) program.
Merges the Retired Reservists' Servicemembers' Group Life Insurance program into the Veterans' Group Life Insurance (VGLI) program. Extends the VGLI program to members of the Ready Reserve who retire with less than 20 years of service.
Authorizes an insured under: (1) the VGLI program to convert such policy to an individual policy of life insurance with a commercial insurance company at any time; and (2) the SGLI program to convert to such an individual policy upon separation from service. | Veterans' Insurance Reform Act of 1995 |
970 | SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Unemployment
Compensation Extension Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
Sec. 101. References.
Sec. 102. Extension of the Temporary Extended Unemployment Compensation
Act of 2002.
Sec. 103. Entitlement to additional weeks of temporary extended
unemployment compensation.
Sec. 104. TEUC-X trigger.
TITLE II--EXTENDED BENEFITS UNDER THE FEDERAL-STATE EXTENDED
UNEMPLOYMENT COMPENSATION ACT OF 1970
Sec. 201. Temporary State authority to waive application of lookbacks
under the Federal-State Extended
Unemployment Compensation Act of 1970.
TITLE III--RAILROAD UNEMPLOYMENT INSURANCE
Sec. 301. Temporary increase in extended unemployment benefits under
the Railroad Unemployment Insurance Act.
TITLE I--TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
SEC. 101. REFERENCES.
Except as otherwise expressly provided, whenever in this title 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 Temporary Extended Unemployment Compensation Act
of 2002 (Public Law 107-147; 26 U.S.C. 3304 note).
SEC. 102. EXTENSION OF THE TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
ACT OF 2002.
(a) Six-Month Extension of Program.--Section 208 is amended to read
as follows:
``SEC. 208. APPLICABILITY.
``(a) In General.--Subject to subsection (b), an agreement entered
into under this title shall apply to weeks of unemployment--
``(1) beginning after the date on which such agreement is
entered into; and
``(2) ending before July 1, 2004.
``(b) Transition.--In the case of an individual who is receiving
temporary extended unemployment compensation for the week which
immediately precedes the first day of the week that includes July 1,
2004, temporary extended unemployment compensation shall continue to be
payable to such individual for any week thereafter from the account
from which such individual received compensation for the week
immediately preceding that termination date. No compensation shall be
payable by reason of the preceding sentence for any week beginning
after December 31, 2004.''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in the enactment of the Temporary Extended
Unemployment Compensation Act of 2002 (Public Law 107-147; 26 U.S.C.
3304 note).
SEC. 103. ENTITLEMENT TO ADDITIONAL WEEKS OF TEMPORARY EXTENDED
UNEMPLOYMENT COMPENSATION.
(a) Weeks of TEUC Amounts.--Paragraph (1) of section 203(b) is
amended to read as follows:
``(1) In general.--The amount established in an account
under subsection (a) shall be equal to 26 times the
individual's weekly benefit amount for the benefit year.''.
(b) Weeks of TEUC-X Amounts.--Section 203(c)(1) is amended by
striking ``an amount equal to the amount originally established in such
account (as determined under subsection (b)(1))'' and inserting ``7
times the individual's weekly benefit amount for the benefit year''.
(c) Effective Date.--
(1) In general.--The amendments made by this section--
(A) shall take effect as if included in the
enactment of the Temporary Extended Unemployment
Compensation Act of 2002 (Public Law 107-147; 26 U.S.C.
3304 note); but
(B) shall apply only with respect to weeks of
unemployment beginning on or after the date of
enactment of this Act, subject to paragraph (2).
(2) Special rules.--In the case of an individual for whom a
temporary extended unemployment compensation account was
established before the date of enactment of this Act, the
Temporary Extended Unemployment Compensation Act of 2002 (as
amended by this title) shall be applied subject to the
following:
(A) Any amounts deposited in the individual's
temporary extended unemployment compensation account by
reason of section 203(c) of such Act (commonly known as
``TEUC-X amounts'') before the date of enactment of
this Act shall be treated as amounts deposited by
reason of section 203(b) of such Act (commonly known as
``TEUC amounts''), as amended by subsection (a).
(B) For purposes of determining whether the
individual is eligible for any TEUC-X amounts under
such Act, as amended by this title--
(i) any determination made under section
203(c) of such Act before the application of
the amendments made by this title shall be
disregarded; and
(ii) any such determination shall instead
be made by applying section 203(c) of such Act,
as amended by this title--
(I) as of the time that all amounts
established in such account in
accordance with section 203(b) of such Act (as amended by this title,
and including any amounts described in subparagraph (A)) are in fact
exhausted, except that
(II) if such individual's account
was both augmented by and exhausted of
all TEUC-X amounts before the date of
enactment of this Act, such
determination shall be made as if
exhaustion (as described in section
203(c)(1) of such Act) had not occurred
until such date of enactment.
SEC. 104. TEUC-X TRIGGER.
Section 203(c)(2)(B) is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) by striking subparagraph (B) and inserting the
following:
``(B) such a period would then be in effect for
such State under such Act if--
``(i) section 203(d) of such Act were
applied as if it had been amended by striking
`5' each place it appears and inserting `4';
and
``(ii) with respect to weeks of
unemployment beginning on or after the date of
enactment of this clause, paragraph (1)(A) of
such section 203(d) did not apply; or
``(C) with respect to weeks of unemployment
beginning on or after the date of enactment of this
clause, the average rate of total unemployment in such
State (seasonally adjusted) for the period consisting
of the most recent 3 months for which data for all
States are published before the time of exhaustion
equals or exceeds 6.5 percent.
For purposes of this subparagraph (C), determinations of the
rate of total unemployment in any State for any period (and of
any seasonal adjustment) shall be made by the Secretary.''.
TITLE II--EXTENDED BENEFITS UNDER THE FEDERAL-STATE EXTENDED
UNEMPLOYMENT COMPENSATION ACT OF 1970.
SEC. 201. TEMPORARY STATE AUTHORITY TO WAIVE APPLICATION OF LOOKBACKS
UNDER THE FEDERAL-STATE EXTENDED UNEMPLOYMENT
COMPENSATION ACT OF 1970.
For purposes of conforming with the provisions of the Federal-State
Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note), a
State may, for weeks of unemployment beginning on or after the date of
enactment of this Act and ending before December 31, 2004, waive the
application of either subsection (d)(1)(A) of section 203 of such Act
or subsection (f)(1)(A)(ii) of such section, or both.
TITLE III--RAILROAD UNEMPLOYMENT INSURANCE
SEC. 301. TEMPORARY INCREASE IN EXTENDED UNEMPLOYMENT BENEFITS UNDER
THE RAILROAD UNEMPLOYMENT INSURANCE ACT.
Section 2(c)(2) of the Railroad Unemployment Insurance Act (45
U.S.C. 352(c)(2)) is amended by adding at the end the following:
``(D) Temporary increase in extended unemployment
benefits.--
``(i) Employees with 10 or more years of
service.--Subject to clause (iii), in the case
of an employee who has 10 or more years of
service (as so defined), with respect to
extended unemployment benefits--
``(I) subparagraph (A) shall be
applied by substituting ``130 days of
unemployment'' for ``65 days of
unemployment''; and
``(II) subparagraph (B) shall be
applied by inserting ``(or, in the case
of unemployment benefits, 13
consecutive 14-day periods'' after ``7
consecutive 14-day periods''.
``(ii) Employees with less than 10 years of
service.--Subject to clause (iii), in the case
of an employee who has less than 10 years of
service (as so defined), with respect to
extended unemployment benefits, this paragraph
shall apply to such an employee in the same
manner as this paragraph would apply to an
employee described in clause (i) if such clause
had not been enacted.
``(iii) Application.--The provisions of
clauses (i) and (ii) shall apply to an employee
who received normal benefits for days of
unemployment under this Act during the period
beginning on July 1, 2002, and ending before
July 1, 2004.''. | Unemployment Compensation Extension Act - Amends the Temporary Extended Unemployment Compensation Act of 2002 (TEUCA) to extend the TEUC program through weeks of unemployment ending before July 1, 2004. Terminates individual payments for weeks beginning after December 31, 2004.
Increases to 26 weeks an eligible individual's TEUC payments. Provides for an additional seven weeks of payments, for a total of 33 weeks, for individuals in high-unemployment States (TEUC-X). (Current law provides 13 weeks of regular TEUC payments, with an additional 13 and total 26 in TEUC-X States.)
Revises requirements for determining TEUC-X States, using certain triggers based on insured unemployment rates and on total unemployment rates.
Provides for temporary State authority to waive application of certain look-back provisions under the Federal-State Extended Unemployment Compensation Act of 1970.
Amends the Railroad Unemployment Insurance Act to provide a temporary increase in extended unemployment benefits. | A bill to provide extended unemployment benefits to displaced workers. |
971 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep Our Promise to America's
Children and Teachers Act'' or the ``Keep Our PACT Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Children are our Nation's future and greatest treasure.
(2) A high-quality education is the surest way for every
child to reach his or her full potential.
(3) Title I of the Elementary and Secondary Education Act
of 1965 helps address inequity in education in school districts
across the country to provide a high-quality education to every
student.
(4) The Individuals with Disabilities Education Act
guarantees all children with disabilities a first-rate
education.
(5) The Individuals with Disabilities Education Improvement
Act committed Congress to providing 40 percent of the national
current average per-pupil expenditure for students with
disabilities.
(6) A promise made must be a promise kept.
SEC. 3. FULL FUNDING OF PART A OF TITLE I OF ESEA.
(a) Funding.--There are appropriated, out of any money in the
Treasury not otherwise appropriated--
(1) for fiscal year 2015, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2015
for programs under part A of title I of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6311 et
seq.); and
(B) $16,553,821,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is higher;
(2) for fiscal year 2016, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2015
for programs under part A of title I of the Elementary
and Secondary Education Act of 1965; and
(B) $19,049,895,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is higher;
(3) for fiscal year 2017, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2015
for programs under part A of title I of the Elementary
and Secondary Education Act of 1965; and
(B) $21,922,342,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is higher;
(4) for fiscal year 2018, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2015
for programs under part A of title I of the Elementary
and Secondary Education Act of 1965; and
(B) $25,227,912,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is higher;
(5) for fiscal year 2019, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2015
for programs under part A of title I of the Elementary
and Secondary Education Act of 1965; and
(B) $29,031,913,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is higher;
(6) for fiscal year 2020, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2015
for programs under part A of title I of the Elementary
and Secondary Education Act of 1965; and
(B) $33,409,503,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is higher;
(7) for fiscal year 2021, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2015
for programs under part A of title I of the Elementary
and Secondary Education Act of 1965; and
(B) $38,447,168,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is higher;
(8) for fiscal year 2022, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2015
for programs under part A of title I of the Elementary
and Secondary Education Act of 1965; and
(B) $44,244,442,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is higher;
(9) for fiscal year 2023, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2015
for programs under part A of title I of the Elementary
and Secondary Education Act of 1965; and
(B) $50,915,859,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is higher; and
(10) for fiscal year 2024, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2015
for programs under part A of title I of the Elementary
and Secondary Education Act of 1965; and
(B) $58,593,228,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is higher.
SEC. 4. MANDATORY FUNDING OF THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT.
Section 611(i) of the Individuals with Disabilities Education Act
(20 U.S.C. 1441(i)) is amended to read as follows:
``(i) Funding.--
``(1) In general.--For the purpose of carrying out this
part, other than section 619, there are authorized to be
appropriated--
``(A) $12,906,093,000 or 16.8 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2015, and there are hereby appropriated
$1,433,245,000 or 1.5 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2015, which shall become available for obligation
on July 1, 2015, and shall remain available through
September 30, 2016;
``(B) 14,518,385,000 or 18.6 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2016, and there are hereby appropriated
$3,045,437,000 or 3.3 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2016, which shall become available for obligation
on July 1, 2016, and shall remain available through
September 30, 2017;
``(C) $16,332,093,000 or 20.4 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2017, and there are hereby appropriated
$4,859,245,000 or 5.1 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2017, which shall become available for obligation
on July 1, 2017, and shall remain available through
September 30, 2018;
``(D) $18,372,379,000 or 22.5 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2018, and there are hereby appropriated
$6,899,531,000 or 7.2 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2018, which shall become available for obligation
on July 1, 2018, and shall remain available through
September 30, 2019;
``(E) 20,667,547,000 or 24.7 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2019, and there are hereby appropriated
$9,194,699,000 or 9.4 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2019, which shall become available for obligation
on July 1, 2019, and shall remain available through
September 30, 2020;
``(F) $23,249,438,000 or 27.2 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2020, and there are hereby appropriated
$11,776,590,000 or 11.9 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2020, which shall become available for
obligation on July 1, 2020, and shall remain available
through September 30, 2021;
``(G) $26,153,872,000 or 30 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2021, and there are hereby appropriated
$14,681,024,000 or 14.7 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2021, which shall become available for
obligation on July 1, 2021, and shall remain available
through September 30, 2022;
``(H) $29,421,143,000 or 33 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2022, and there are hereby appropriated
$17,948,295,000 or 17.7 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2022, which shall become available for
obligation on July 1, 2022, and shall remain available
through September 30, 2023;
``(I) $33,096,577,000 or 36.3 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2023, and there are hereby appropriated
$21,623,729,000 or 21 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2023, which shall become available for obligation
on July 1, 2023, and shall remain available through
September 30, 2024; and
``(J) $37,231,164,000 or 40 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2024 and each subsequent fiscal year,
and there are hereby appropriated $37,231,164,000 or 40
percent of the amount determined under paragraph (2),
whichever is greater, for fiscal year 2024 and each
subsequent fiscal year, which--
``(i) shall become available for obligation
with respect to fiscal year 2024 on July 1,
2024, and shall remain available through
September 30, 2025; and
``(ii) shall become available for
obligation with respect to each subsequent
fiscal year on July 1 of that fiscal year and
shall remain available through September 30 of
the succeeding fiscal year.
``(2) Amount.--With respect to each subparagraph of
paragraph (1), the amount determined under this paragraph is
the product of--
``(A) the total number of children with
disabilities in all States who--
``(i) received special education and
related services during the last school year
that concluded before the first day of the
fiscal year for which the determination is
made; and
``(ii) were aged--
``(I) 3 through 5 (with respect to
the States that were eligible for
grants under section 619); and
``(II) 6 through 21; and
``(B) the average per-pupil expenditure in public
elementary schools and secondary schools in the United
States.''.
SEC. 5. OFFSET.
The amounts appropriated by this Act and the amendments made by
this Act shall be expended consistent with pay-as-you-go requirements. | Keep Our Promise to America's Children and Teachers Act or the Keep Our PACT Act - Appropriates for each of FY2015-FY2024 an amount that equals the difference between: (1) the amount appropriated for FY2015 for school improvement programs under part A of title I of the Elementary and Secondary Education Act of 1965; and (2) a specified amount for the applicable fiscal year or the full amount authorized to be appropriated for such fiscal year for such programs, whichever is higher. Amends the Individuals with Disabilities Education Act (IDEA) to reauthorize and make appropriations for the grant program to assist states and outlying areas in providing special education and related services to children with disabilities. Sets the amount to be authorized and the amount to be appropriated for each fiscal year from FY2015-FY2023 as the greater of: (1) a specified amount, or (2) a specified percentage of an amount determined pursuant to a formula that multiplies the number of children receiving special education services by the average per-pupil expenditure in public elementary and secondary schools. Authorizes and appropriates funds for FY2024 and each subsequent fiscal year equal to the greater of a specified amount or 40% of the amount determined using such formula. Requires the amounts appropriated by this Act and its amendments to be expended consistent with pay-as-you-go requirements. | Keep Our PACT Act |
972 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commodity Speculation Reform Act of
2009''.
SEC. 2. AUTHORITY OF COMMODITY FUTURES TRADING COMMISSION TO ISSUE NO
ACTION LETTERS.
Section 2(a)(1) of the Commodity Exchange Act (7 U.S.C. 2(a)(1)) is
amended by adding at the end the following:
``(G) Authority to issue no action letters to
foreign boards of trade.--
``(i) In general.--Except as provided in
clause (ii), the Commission may not issue a no
action letter to any foreign board of trade
that lists a contract the price of which
settles on the price of a contract traded on an
exchange regulated by the Commission.
``(ii) Exception.--The Commission may issue
a no action letter to a foreign board of trade
described in clause (i) if the foreign board of
trade provides to the Commission information
and data accessibility the scope of which is
comparable to the information and data
accessibility provided to the Commission by
entities under the jurisdiction of the
Commission.''.
SEC. 3. TREATMENT OF PURCHASES OF CERTAIN COMMODITY FUTURES CONTRACTS
AND FINANCIAL INSTRUMENTS.
Section 4a of the Commodity Exchange Act (7 U.S.C. 6a) is amended--
(1) by striking ``sec. 4a. (a) Excessive speculation'' and
inserting the following:
``SEC. 4A. EXCESSIVE SPECULATION.
``(a) Burden on Interstate Commerce; Trading or Position Limits.--
``(1) In general.--Excessive speculation and''; and
(2) in subsection (a) (as amended by paragraph (1)), by
adding at the end the following:
``(2) Treatment of purchases of certain commodity futures
contracts and financial instruments.--
``(A) Definitions.--In this paragraph:
``(i) Bona fide hedging transaction.--
``(I) In general.--The term `bona
fide hedging transaction' means a
transaction that--
``(aa) represents a
substitute for a transaction to
be made or a position to be
taken at a later time in a
physical marketing channel;
``(bb) is economically
appropriate for the reduction
of risks in the conduct and
management of a commercial
enterprise; and
``(cc) arises from the
potential change in the value
of--
``(AA) assets that
a person owns,
produces, manufactures,
possesses, or
merchandises (or
anticipates owning,
producing,
manufacturing,
possessing, or
merchandising);
``(BB) liabilities
that a person incurs or
anticipates incurring;
or
``(CC) services
that a person provides
or purchases (or
anticipates providing
or purchasing).
``(II) Exclusion.--The term `bona
fide hedging transaction' does not
include a transaction entered into on a
designated contract market for the
purpose of offsetting a financial risk
arising from an over-the-counter
commodity derivative.
``(ii) Over-the-counter commodity
derivative.--The term `over-the-counter
commodity derivative' means any agreement,
contract, or transaction that--
``(I)(aa) is traded or executed in
the United States; or
``(bb) is held by a person located
in the United States;
``(II) is not traded on a
designated contract market or
derivatives transaction execution
facility; and
``(III)(aa) is a put, call, cap,
floor, collar, or similar option of any
kind for the purchase or sale of, or
substantially based on the value of, 1
or more qualifying commodities or an
economic or financial index or measure
of economic or financial risk primarily
associated with 1 or more qualifying
commodities;
``(bb) provides on an executory
basis for the applicable transaction,
on a fixed or contingent basis, of 1 or
more payments substantially based on
the value of 1 or more qualifying
commodities or an economic or financial
index or measure of economic or
financial risk primarily associated
with 1 or more qualifying commodities,
and that transfers between the parties
to the transaction, in whole or in
part, the economic or financial risk
associated with a future change in any
such value without also conveying a
current or future direct or indirect
ownership interest in an asset or
liability that incorporates the
financial risk that is transferred; or
``(cc) is any combination or
permutation of, or option on, any
agreement, contract, or transaction
described in item (aa) or (bb).
``(iii) Over-the-counter commodity
derivative dealer.--The term `over-the-counter
commodity derivative dealer' means a person
that regularly offers to enter into, assume,
offset, assign, or otherwise terminate
positions in over-the-counter commodity
derivatives with customers in the ordinary
course of a trade or business of the person.
``(iv) Qualifying commodity.--The term
`qualifying commodity' means--
``(I) an agricultural commodity;
and
``(II) an energy commodity.
``(B) Regulations.--
``(i) In general.--Not later than 90 days
after the date of enactment of this paragraph,
in accordance with clauses (ii) and (iii), the
Commission shall promulgate regulations to
establish and enforce--
``(I) speculative position limits
for qualifying commodities;
``(II) a methodology--
``(aa) to enable persons to
aggregate the positions held or
controlled by the persons on
designated contract markets, on
derivatives transaction
execution facilities, and in
over-the-counter commodity
derivatives; and
``(bb) to ensure, to the
maximum extent practicable,
that the determinations made by
the Commission with respect to
each person examined under
subparagraph (C) accurately
reflect the net long and net
short positions held or
controlled by the person in the
underlying qualifying
commodity; and
``(III) information reporting rules
to facilitate the monitoring and
enforcement by the Commission of the
speculative position limits established
under subclause (I), including the
monitoring of positions held in over-
the-counter commodity derivatives.
``(ii) Applicability.--
``(I) Position limits.--The
speculative position limits established
under clause (i)(I) shall apply to
position limits that, with respect to
each applicable position limit, expire
during--
``(aa) the spot month;
``(bb) each separate
futures trading month (other
than the spot month); or
``(cc) the sum of each
trading month (including the
spot month).
``(II) Sum of positions.--The
speculative position limits established
under clause (i)(I) shall apply to the
sum of the positions held by a person--
``(aa) on designated
contract markets;
``(bb) on derivatives
transaction execution
facilities; and
``(cc) in over-the-counter
commodity derivatives.
``(iii) Maximum level of position limits.--
In establishing the speculative position limits
under clause (i)(I), the Commission shall set
the speculative position limits at the minimum
level practicable to ensure sufficient market
liquidity for the conduct of bona fide hedging
activities.
``(C) Prohibition relating to certain positions.--
``(i) In general.--Notwithstanding any
other provision of this Act, no person may hold
or control a position, separately or in
combination, net long or net short, for the
purchase or sale of a commodity for future
delivery or, on a futures-equivalent basis, any
option, or an over-the-counter commodity
derivative that exceeds a speculative position
limit established by the Commission under
subparagraph (B)(i)(I).
``(ii) Bona fide hedging transactions.--In
determining whether the sum of a position held
or controlled by a person has exceeded the
applicable speculative position limit
established by the Commission under
subparagraph (B)(i)(I), the Commission shall
not consider positions attributable to a bona
fide hedging transaction.
``(iii) Determination of position limits
for over-the-counter commodity derivative
dealers.--To determine the position of an over-
the-counter commodity derivative dealer, the
sum of the positions held or controlled by the
over-the-counter commodity derivative dealer
shall be--
``(I) calculated on the last day of
each month; and
``(II) considered, for the monthly
period covered by the determination, to
be the average daily net position held
or controlled by the over-the-counter
commodity derivative dealer for the
period beginning on the first day of
the month and ending on the last day of
the month.''. | Commodity Speculation Reform Act of 2009 - Amends the Commodity Exchange Act to prohibit the Commodity Futures Trading Commission (CFTC) from issuing a no action letter to any foreign board of trade that lists a contract whose price settles on the price of a contract traded on a CFTC-regulated exchange, unless the foreign board provides the CFTC with information and data accessibility comparable to those provided the CFTC by entities under its jurisdiction.
Directs the CFTC to promulgate regulations to establish and enforce speculative position limits for qualifying commodities, a methodology for aggregating specified positions, and information reporting rules to facilitate monitoring and enforcement of speculative position limits and over-the-counter commodity derivatives.
Prohibits a person from holding or controlling a position, separately or in combination, net long or net short, for the purchase or sale of a commodity for future delivery or, on a futures-equivalent basis, any option, or an over-the-counter commodity derivative that exceeds CFTC speculative position limits. | A bill to amend the Commodity Exchange Act to clarify the treatment of purchases of certain commodity futures contracts and financial instruments with respect to limits established by the Commodity Futures Trading Commission relating to excessive speculation, and for other purposes. |
973 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Boutique Fuels Reduction Act of
2005''.
SEC. 2. TEMPORARY WAIVERS DURING SUPPLY EMERGENCIES.
Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C))
is amended by inserting ``(i)'' after ``(C)'' and by adding the
following new clauses at the end thereof:
``(ii) The Administrator may temporarily waive a control or
prohibition respecting the use of a fuel or fuel additive required or
regulated by the Administrator pursuant to subsection (c), (h), (i),
(k), or (m) of this section or prescribed in an applicable
implementation plan under section 110 approved by the Administrator
under clause (i) of this subparagraph if, after consultation with, and
concurrence by, the Secretary of Energy, the Administrator determines
that--
``(I) extreme and unusual fuel or fuel additive supply
circumstances exist in a State or region of the Nation which
prevent the distribution of an adequate supply of the fuel or
fuel additive to consumers;
``(II) such extreme and unusual fuel and fuel additive
supply circumstances are the result of a natural disaster, an
Act of God, a pipeline or refinery equipment failure, or
another event that could not reasonably have been foreseen or
prevented and not the lack of prudent planning on the part of
the suppliers of the fuel or fuel additive to such State or
region; and
``(III) it is in the public interest to grant the waiver
(for example, when a waiver is necessary to meet projected
temporary shortfalls in the supply of the fuel or fuel additive
in a State or region of the Nation which cannot otherwise be
compensated for).
``(iii) If the Administrator makes the determinations required
under clause (ii), such a temporary extreme and unusual fuel and fuel
additive supply circumstances waiver shall be permitted only if--
``(I) the waiver applies to the smallest geographic area
necessary to address the extreme and unusual fuel and fuel
additive supply circumstances;
``(II) the waiver is effective for a period of 20 calendar
days or, if the Administrator determines that a shorter waiver
period is adequate, for the shortest practicable time period
necessary to permit the correction of the extreme and unusual
fuel and fuel additive supply circumstances and to mitigate
impact on air quality;
``(III) the waiver permits a transitional period, the exact
duration of which shall be determined by the Administrator,
after the termination of the temporary waiver to permit
wholesalers and retailers to blend down their wholesale and
retail inventory;
``(IV) the waiver applies to all persons in the motor fuel
distribution system; and
``(V) the Administrator has given public notice to all
parties in the motor fuel distribution system, local and State
regulators, public interest groups, and consumers in the State
or region to be covered by the waiver.
The term `motor fuel distribution system' as used in this clause shall
be defined by the Administrator through rulemaking.
``(iv) Within 180 days of the date of the enactment of the Boutique
Fuels Reduction Act of 2005, the Administrator shall promulgate
regulations to implement clauses (ii) and (iii).
``(v) Nothing in this Act shall--
``(I) limit or otherwise affect the application of any
other waiver authority of the Administrator pursuant to this
section or pursuant to a regulation promulgated pursuant to
this section; and
``(II) subject any State or person to an enforcement
action, penalties, or liability solely arising from actions
taken pursuant to the issuance of a waiver under this
subparagraph.''.
SEC. 3. CAP ON NUMBER OF BOUTIQUE FUELS.
Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)),
as amended by section 2, is further amended by adding at the end the
following:
``(vi)(I) The Administrator shall have no authority, when
considering a State implementation plan or a State implementation plan
revision under this subparagraph, to approve any fuel if the effect of
such approval would be to increase the total number of fuels approved
and fully implemented as of September 1, 2004 in all State
implementation plans.
``(II) Except for a fuel with a summertime Reid Vapor Pressure of
7.0 pounds per square inch, the Administrator shall have no authority,
when considering any particular State's implementation plan or a
revision to that State's implementation plan under this subparagraph,
to approve any fuel unless that fuel was, as of the date of such
consideration, approved and fully implemented in at least 1 State
implementation plan in the applicable Petroleum Administration for
Defense District. The preceding sentence shall not limit the
Administrator's authority to approve any new fuel in any such plan or
plan revision if such new fuel replaces an existing fuel without
increasing the total number of fuels approved and fully implemented as
of September 1, 2004 in all State implementation plans.
``(III) Nothing in this clause shall be construed to prohibit a
State from requiring the use of any fuel additive registered in
accordance with subsection (b), including any fuel additive registered
in accordance with subsection (b) after the enactment of this
subclause.''.
SEC. 4. STUDY AND REPORT TO CONGRESS ON BOUTIQUE FUELS.
(a) Joint Study.--The Administrator and the Secretary shall
undertake a study of the effects on air quality, on the number of fuel
blends, on fuel availability, on fuel fungibility, and on fuel costs of
the State plan provisions adopted pursuant to section 211(c)(4)(C) of
the Clean Air Act (42 U.S.C. 7545(c)(4)(C)).
(b) Focus of Study.--The primary focus of the study required under
(a) shall be to determine how to develop a Federal fuels system that
maximizes motor fuel fungibility and supply, preserves air quality
standards, and reduces motor fuel price volatility that results from
the proliferation of boutique fuels, and to recommend to Congress such
legislative changes as are necessary to implement such a system. In
addition, the study shall examine the need for additional, cleaner
motor fuel reformulations to assist states in complying with the ozone
National Ambient Air Quality Standard.
(c) Study Areas of Responsibility.--In carrying out the study
required by this section, the Administrator shall coordinate obtaining
comments from affected parties interested in the air quality impact
assessment portion of the study, and the Secretary shall coordinate
obtaining comments from affected parties interested in the fuel
availability, number of fuel blends, fuel fungibility and fuel costs
portion of the study.
(d) Public Participation.--The Administrator and the Secretary
shall appoint a task force of interested parties, including but not
limited to representatives of Federal, State and local governments,
fuel manufacturers and suppliers and public interest groups, to provide
information to the Administrator and the Secretary and to assist in the
development of the recommendations to be included in the report to
Congress under (e).
(e) Report to Congress.--The Administrator and the Secretary
jointly shall submit the results of the study required by this section
in a report to the Congress not later than 12 months after the date of
the enactment of this Act, together with any recommended regulatory and
legislative changes. Such report shall be submitted to the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Environment and Public Works of the Senate.
(f) Authorization of Appropriations.--There is authorized to be
appropriated jointly to the Administrator and the Secretary $500,000
for the completion of the study required under this section.
SEC. 5. DEFINITIONS.
In this Act:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``Secretary'' means the Secretary of Energy. | Boutique Fuels Reduction Act of 2005 - Amends the Clean Air Act (CAA) to authorize the Administrator of the Environmental Protection Agency (EPA) to temporarily waive controls or prohibitions on the use of a fuel or fuel additive regulated under specified provisions of that Act or prescribed in an applicable State Implementation Plan (SIP) if the Administrator determines that: (1) extreme and unusual circumstances exist in a State or region that prevent distribution of an adequate supply of the fuel or fuel additive to consumers; (2) such circumstances are the result of a natural disaster, an Act of God, a pipeline or refinery equipment failure, or another unforeseeable event; and (3) it is in the public interest to grant the waiver. Permits such a waiver only if specified requirements are met.
States that the Administrator shall have no authority, when considering a SIP or SIP revision regarding State controls or prohibitions on motor vehicle fuel or fuel additives, to approve any fuel: (1) if doing so would increase the total number of approved and fully implemented fuels as of September 1, 2004, in all SIPs; and (2) unless that fuel was approved and fully implemented in at least one SIP in the applicable Petroleum Administration for Defense District (with the exception of fuels with a specified summertime Reid Vapor Pressure).
Requires the Administrator and the Secretary of Energy jointly to study and report to Congress on the effects of SIPs adopted pursuant to CAA provisions regarding State controls or prohibitions on motor vehicle fuel or fuel additives. | To amend the Clean Air Act to reduce the proliferation of boutique fuels, and for other purposes. |
974 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Oversight Commission Act
of 2009''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch the Financial
Oversight Commission (hereafter in this Act referred to as the
``Commission'').
SEC. 3. PURPOSES.
The purposes of the Commission are to--
(1) examine and report upon the facts and causes relating
to the financial crisis of 2008;
(2) ascertain, evaluate, and report on the evidence
developed by all relevant governmental agencies regarding the
facts and circumstances surrounding the crisis;
(3) build upon the investigations of other entities, and
avoid unnecessary duplication, by reviewing the findings,
conclusions, and recommendations of other executive branch,
congressional, or independent commission investigations into
the financial crisis of 2008;
(4) make a full and complete accounting of the
circumstances surrounding the crisis, the private sector and
government role in causing the crisis, and the extent of the
United States preparedness for, and immediate response to, the
crisis; and
(5) investigate and report to the President and Congress on
its findings, conclusions, and recommendations for corrective
measures that can be taken to prevent further economic
breakdown.
SEC. 4. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 10 members, of
whom--
(1) 1 member shall be appointed by the President, who shall
serve as chairman of the Commission;
(2) 1 member shall be appointed by the leader of the Senate
(majority or minority leader, as the case may be) of the
Democratic Party, in consultation with the leader of the House
of Representatives (majority or minority leader, as the case
may be) of the Democratic Party, who shall serve as vice
chairman of the Commission;
(3) 2 members shall be appointed by the senior member of
the Senate leadership of the Democratic Party;
(4) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Republican Party;
(5) 2 members shall be appointed by the senior member of
the Senate leadership of the Republican Party; and
(6) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Democratic Party.
(b) Qualifications; Initial Meeting.--
(1) Political party affiliation.--Not more than 5 members
of the Commission shall be from the same political party.
(2) Nongovernmental appointees.--An individual appointed to
the Commission may not be an officer or employee of the Federal
Government or any State or local government.
(3) Other qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens, with national recognition and
significant depth of experience in such professions as
governmental service, financial services, economics, law,
public administration, commerce, and foreign markets.
(4) Deadline for appointment.--All members of the
Commission shall be appointed before the end of the 60-day
period beginning on the date of the enactment of this Act.
(5) Initial meeting.--The Commission shall meet and begin
the operations of the Commission as soon as practicable.
(c) Quorum; Vacancies.--After its initial meeting, the Commission
shall meet upon the call of the chairman or a majority of its members.
Six members of the Commission shall constitute a quorum. Any vacancy in
the Commission shall not affect its powers, but shall be filled in the
same manner in which the original appointment was made.
SEC. 5. FUNCTIONS OF COMMISSION.
(a) In General.--The functions of the Commission are to--
(1) conduct an investigation that--
(A) investigates relevant facts and circumstances
relating to the financial crisis of 2008, including any
relevant legislation, Executive order, regulation,
plan, policy, practice, or procedure; and
(B) may include relevant facts and circumstances
relating to--
(i) government sponsored enterprises (GSE),
including the Federal National Mortgage
Association (Fannie Mae), and the Federal Home
Loan Mortgage Corporation (Freddie Mac);
(ii) the stock market;
(iii) the housing market;
(iv) credit rating agencies;
(v) the financial services sector,
including hedge funds, private equity and the
insurance industry;
(vi) the role of congressional oversight
and resource allocation; and
(vii) other areas of the public and private
sectors determined relevant by the Commission
for its inquiry;
(2) identify, review, and evaluate the lessons learned from
the financial crisis of 2008, regarding the structure,
coordination, management policies, and procedures of the
Federal Government, and, if appropriate, State and local
governments and nongovernmental entities, relative to
detecting, preventing, and responding to such financial crises;
and
(3) submit to the President and Congress such reports as
are required by this Act containing such findings, conclusions,
and recommendations as the Commission shall determine,
including proposing organization, coordination, planning,
management arrangements, procedures, rules, and regulations,
and reports of the on-going review by the Commission under
section 11(c) after the submission of the final investigative
report.
SEC. 6. POWERS OF COMMISSION.
(a) In General.--
(1) Hearings and evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this Act--
(A) hold such hearings and sit and act at such
times and places, take such testimony, receive such
evidence, administer such oaths; and
(B) subject to paragraph (2)(A), require, by
subpoena or otherwise, the attendance and testimony of
such witnesses and the production of such books,
records, correspondence, memoranda, papers, and
documents, as the Commission or such designated
subcommittee or designated member may determine
advisable.
(2) Subpoenas.--
(A) Issuance.--
(i) In general.--A subpoena may be issued
under this subsection only--
(I) by the agreement of the
chairman and the vice chairman; or
(II) by the affirmative vote of 6
members of the Commission.
(ii) Signature.--Subject to clause (i),
subpoenas issued under this subsection may be
issued under the signature of the chairman or
any member designated by a majority of the
Commission, and may be served by any person
designated by the chairman or by a member
designated by a majority of the Commission.
(B) Enforcement.--
(i) In general.--In the case of contumacy
or failure to obey a subpoena issued under
subsection (a), the United States district
court for the judicial district in which the
subpoenaed person resides, is served, or may be
found, or where the subpoena is returnable, may
issue an order requiring such person to appear
at any designated place to testify or to
produce documentary or other evidence. Any
failure to obey the order of the court may be
punished by the court as a contempt of that
court.
(ii) Additional enforcement.--In the case
of any failure of any witness to comply with
any subpoena or to testify when summoned under
authority of this section, the Commission may,
by majority vote, certify a statement of fact
constituting such failure to the appropriate
United States attorney, who may bring the
matter before the grand jury for its action,
under the same statutory authority and
procedures as if the United States attorney had
received a certification under sections 102
through 104 of the Revised Statutes of the
United States (2 U.S.C. 192 through 194).
(b) Contracting.--The Commission may, to such extent and in such
amounts as are provided in appropriation Acts, enter into contracts to
enable the Commission to discharge its duties under this Act.
(c) Information From Federal Agencies.--
(1) In general.--The Commission is authorized to secure
directly from any executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Government, information, suggestions,
estimates, and statistics for the purposes of this Act. Each
department, bureau, agency, board, commission, office,
independent establishment, or instrumentality shall, to the
extent authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request made by the chairman, the chairman of
any subcommittee created by a majority of the Commission, or
any member designated by a majority of the Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
(d) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States may provide to the Commission
such services, funds, facilities, staff, and other support
services as they may determine advisable and as may be
authorized by law.
(e) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(f) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
SEC. 7. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
(a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Commission.
(b) Public Meetings and Release of Public Versions of Reports.--The
Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the reports required under
subsections (a), (b), and (c) of section 11.
(c) Public Hearings.--Any public hearings of the Commission shall
be conducted in a manner consistent with the protection of information
provided to or developed for or by the Commission as required by any
applicable statute, regulation, or Executive order.
SEC. 8. STAFF OF COMMISSION.
(a) In General.--
(1) Appointment and compensation.--The chairman, in
consultation with vice chairman, in accordance with rules
agreed upon by the Commission, may appoint and fix the
compensation of a staff director and such other personnel as
may be necessary to enable the Commission to carry out its
functions, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service,
and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no
rate of pay fixed under this subsection may exceed the
equivalent of that payable for a position at level V of the
Executive Schedule under section 5316 of title 5, United States
Code.
(2) Personnel as federal employees.--
(A) In general.--The executive director and any
personnel of the Commission who are employees shall be
employees under section 2105 of title 5, United States
Code, for purposes of chapters 63, 81, 83, 84, 85, 87,
89, and 90 of that title.
(B) Members of commission.--Subparagraph (A) shall
not be construed to apply to members of the Commission.
(b) Detailees.--Any Federal Government employee may be detailed to
the Commission without reimbursement from the Commission, and such
detailee shall retain the rights, status, and privileges of his or her
regular employment without interruption.
(c) Consultant Services.--The Commission is authorized to procure
the services of experts and consultants in accordance with section 3109
of title 5, United States Code, but at rates not to exceed the daily
rate paid a person occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
SEC. 9. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission may be compensated
at not to exceed the daily equivalent of the annual rate of basic pay
in effect for a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day during which
that member is engaged in the actual performance of the duties of the
Commission.
(b) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703(b) of title 5, United States Code.
SEC. 10. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate Federal agencies or departments shall cooperate
with the Commission in expeditiously providing to the Commission
members and staff appropriate security clearances to the extent
possible pursuant to existing procedures and requirements, except that
no person shall be provided with access to classified information under
this Act without the appropriate security clearances.
SEC. 11. REPORTS OF COMMISSION; CONTINUED REVIEW; TERMINATION.
(a) Interim Investigative Reports.--The Commission may submit to
the President and Congress interim investigative reports containing
such findings, conclusions, and recommendations for corrective measures
as have been agreed to by a majority of Commission members.
(b) Final Investigative Report.--Not later than 12 months after the
date of the enactment of this Act, the Commission shall submit to the
President and Congress a final report containing such findings,
conclusions, and recommendations for corrective measures as have been
agreed to by a majority of Commission members.
(c) Continued Review and Reporting.--During the 4-year period
following the date of the submission of the final investigative report
to the Congress pursuant to subsection (b), the Commission shall
continue to review the subjects investigated by the Commission under
this Act, and the response of the Congress and the Executive branch to
the final investigative report of the Commission as well as conditions
in the marketplace, and submit such reports on the findings and
recommendations of the Commission as the Commission determines to be
appropriate.
(d) Termination.--The Commission, and all the authorities of this
Act, shall terminate 4 years after the date on which the final
investigative report is submitted under subsection (b).
SEC. 12. FUNDING.
(a) In General.--There is hereby authorized to be appropriated to
the Commission such sums as may be necessary for purposes of the
carrying out the activities of the Commission under this Act for fiscal
years beginning before the termination of the Commission.
(b) Duration of Availability.--Amounts appropriated under
subsection (a) are authorized to be made available until the
termination of the Commission. | Financial Oversight Commission Act of 2009 - Establishes the Financial Oversight Commission to investigate the financial crisis of 2008, including relevant legislation, Executive Order, regulation, plan, policy, practice, or procedure that pertains to: (1) government sponsored enterprises; (2) the stock market; (3) the housing market; (4) credit rating agencies; (5) the financial services sector, including hedge funds, private equity and the insurance industry; and (6) the role of congressional oversight and resource allocation.
Directs the Commission to identify, review, and evaluate the lessons learned from the crisis in connection with the structure, coordination, management policies, and procedures of governmental and nongovernmental entities regarding crisis detection, prevention, and response.
Requires the Commission to report to the President and Congress its findings, conclusions, and recommendations. | To establish the Financial Oversight Commission, and for other purposes. |
975 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Facility Superfund
Compliance Act of 1997''.
SEC. 2. FEDERAL ENTITIES AND FACILITIES.
Section 120 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 120. FEDERAL ENTITIES AND FACILITIES.'';
(2) in subsection (a)--
(A) by striking paragraph (1) and inserting the
following:
``(1) In general.--
``(A) Definition of service charges.--In this
paragraph, the term `service charge' includes--
``(i) a fee or charge assessed in
connection with--
``(I) the processing or issuance of
a permit, renewal of a permit, or
amendment of a permit;
``(II) review of a plan, study, or
other document; or
``(III) inspection or monitoring of
a facility; and
``(ii) any other charge that is assessed in
connection with a State, interstate, or local
response program.
``(B) Application of federal, state, interstate,
and local law.--
``(i) In general.--Each department, agency,
and instrumentality of the executive,
legislative, or judicial branch of the United
States shall be subject to, and shall comply
with this Act and all other Federal, State,
interstate, and local substantive and
procedural requirements and other provisions of
law relating to a response action or
restoration action or the management of a
hazardous waste, pollutant, or contaminant in
the same manner, and to the same extent, as any
nongovernmental entity is subject to those
provisions of law.
``(ii) Provisions included.--The provisions
of law referred to in clause (i) include--
``(I) a permit requirement;
``(II) a reporting requirement;
``(III) a provision authorizing
injunctive relief (including such
sanctions as a court may impose to
enforce injunctive relief);
``(IV) sections 106 and 107 and
similar provisions of Federal, State,
or local law relating to enforcement
and liability for cleanup,
reimbursement of response costs,
contribution, and payment of damages;
``(V) a requirement to pay
reasonable service charges; and
``(VI) all administrative orders
and all civil and administrative
penalties and fines, regardless of
whether the penalties or fines are
punitive or coercive in nature or are
imposed for an isolated, intermittent,
or continuing violation.
``(C) Waiver of immunity.--
``(i) In general.--The United States waives
any immunity applicable to the United States
with respect to any provision of law described
in subparagraph (B).
``(ii) Limitation.--The waiver of sovereign
immunity under clause (i) does not apply to the
extent that a State law would apply any
standard or requirement to the Federal
department, agency, or instrumentality in a
manner that is more stringent than the manner
in which the standard or requirement would
apply to any other person.
``(D) Civil and criminal liability.--
``(i) Injunctive relief.--Neither the
United States nor any agent, employee, or
officer of the United States shall be immune or
exempt from any process or sanction of any
Federal or State court with respect to the
enforcement of injunctive relief referred to in
subparagraph (B)(ii)(III).
``(ii) No personal liability for civil
penalty.--No agent, employee, or officer of the
United States shall be personally liable for
any civil penalty under any Federal or State
law relating to a response action or to
management of a hazardous substance, pollutant,
or contaminant with respect to any act or
omission within the scope of the official
duties of the agent, employee, or officer.
``(iii) Criminal liability.--An agent,
employee, or officer of the United States shall
be subject to any criminal sanction (including
a fine or imprisonment) under any Federal or
State law relating to a response action or to
management of a hazardous substance, pollutant,
or contaminant, but no department, agency, or
instrumentality of the executive, legislative,
or judicial branch of the United States shall
be subject to any such sanction.
``(E) Enforcement.--
``(i) Abatement actions.--The Administrator
may issue an order under section 106 to any
department, agency, or instrumentality of the
executive, legislative, or judicial branch of
the United States. The Administrator shall
initiate an administrative enforcement action
against such a department, agency, or
instrumentality in the same manner and under
the same circumstances as an action would be
initiated against any other person.
``(ii) Consultation.--No administrative
order issued to a department, agency, or
instrumentality of the United States shall
become final until the department, agency, or
instrumentality has had the opportunity to
confer with the Administrator.
``(iii) Use of penalties and fines.--Unless
a State law in effect on the date of enactment
of this clause requires the funds to be used in
a different manner, all funds collected by a
State from the Federal Government as penalties
or fines imposed for violation of a provision
of law referred to in subparagraph (B) shall be
used by the State only for projects designed to
improve or protect the environment or to defray
the costs of environmental protection or
enforcement.
``(F) Contribution.--A department, agency, or
instrumentality of the United States shall have the
right to contribution under section 113 if the
department, agency, or instrumentality resolves its
liability under this Act.'';
(B) in the second sentence of paragraph (3), by
inserting ``(other than the indemnification
requirements of section 119)'' after
``responsibility''; and
(C) by striking paragraph (4); and
(3) in subsection (e), by adding at the end the following:
``(7) State requirements.--Notwithstanding any other
provision of this Act, an interagency agreement under this
section shall not impair or diminish the authority of a State,
political subdivision of a State, or any other person or the
jurisdiction of any court to enforce compliance with
requirements of State or Federal law, unless those requirements
have been specifically addressed in the agreement or waived
without objection after notice to the State before or on the
date on which the response action is selected.''. | Federal Facility Superfund Compliance Act of 1997 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to subject each department, agency, and instrumentality of the Federal Government to all Federal, State, interstate, and local requirements and other laws relating to response or restoration actions or management of hazardous waste, pollutants, or contaminants (current law refers only to compliance with CERCLA provisions) in the same manner and to the same extent as a nongovernmental entity. Waives any U.S. immunity otherwise applicable with respect to any such requirement.
Absolves Federal employees of personal liability for civil penalties under Federal or State law relating to response actions or management of hazardous substances for acts or omissions within the scope of official duties. Makes Federal employees subject to criminal sanctions under such laws, but exempts Federal agencies from such sanctions.
Authorizes the Administrator of the Environmental Protection Agency to issue an abatement order to a Federal entity and requires initiation of an administrative enforcement action in the same manner and under the same circumstances as action would be initiated against any other person.
Removes provisions for application (and preemption) of State laws concerning removal and remedial action at Federal facilities not on the National Priorities List.
Precludes interagency remedial action agreements from impairing or diminishing State, local, individual, or court authority to enforce requirements of State or Federal law, unless such requirements have been addressed or waived without objection after notice to the State. | Federal Facility Superfund Compliance Act of 1997 |
976 | SECTION 1. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND PROTECTION
PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary of the Army (referred to in
this section as the ``Secretary'') shall establish a pilot
program to provide environmental assistance to non-Federal
interests in the Chesapeake Bay watershed.
(2) Form.--The assistance shall be in the form of design
and construction assistance for water-related environmental
infrastructure and resource protection and development projects
affecting the Chesapeake Bay estuary, including projects for
sediment and erosion control, protection of eroding shorelines,
protection of essential public works, wastewater treatment and
related facilities, water supply and related facilities, and
beneficial uses of dredged material, and other related projects
that may enhance the living resources of the estuary.
(b) Public Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project is
publicly owned, and will be publicly operated and maintained.
(c) Local Cooperation Agreement.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a local cooperation
agreement with a non-Federal interest to provide for design and
construction of the project to be carried out with the
assistance.
(2) Requirements.--Each local cooperation agreement entered
into under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal, State, and local
officials, of a facilities or resource protection and
development plan, including appropriate engineering
plans and specifications and an estimate of expected
resource benefits.
(B) Legal and institutional structures.--
Establishment of such legal and institutional
structures as are necessary to ensure the effective
long-term operation and maintenance of the project by
the non-Federal interest.
(d) Cost Sharing.--
(1) Federal share.--Except as provided in paragraph (2)(B),
the Federal share of the total project costs of each local
cooperation agreement entered into under this section shall be
75 percent.
(2) Non-federal share.--
(A) Value of lands, easements, rights-of-way, and
relocations.--In determining the non-Federal
contribution toward carrying out a local cooperation
agreement entered into under this section, the
Secretary shall provide credit to a non-Federal
interest for the value of lands, easements, rights-of-
way, and relocations provided by the non-Federal
interest, except that the amount of credit provided for
a project under this paragraph may not exceed 25
percent of total project costs.
(B) Operation and maintenance costs.--The non-
Federal share of the costs of operation and maintenance
of carrying out the agreement under this section shall
be 100 percent.
(e) Applicability of Other Federal and State Laws and Agreements.--
(1) In general.--Nothing in this section waives, limits, or
otherwise affects the applicability of any provision of Federal
or State law that would otherwise apply to a project carried
out with assistance provided under this section.
(2) Cooperation.--In carrying out this section, the
Secretary shall cooperate fully with the heads of appropriate
Federal agencies, including--
(A) the Administrator of the Environmental
Protection Agency;
(B) the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration;
(C) the Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife
Service; and
(D) the heads of such other Federal agencies and
departments and agencies of a State or political
subdivision of a State as the Secretary determines to
be appropriate.
(f) Demonstration Project.--The Secretary shall establish at least
one project under this section in each of the States of Maryland,
Virginia, and Pennsylvania. A project established under this section
shall be carried out using such measures as are necessary to protect
environmental, historic, and cultural resources.
(g) Report.--Not later than December 31, 1998, the Secretary shall
transmit to Congress a report on the results of the program carried out
under this section, together with a recommendation concerning whether
or not the program should be implemented on a national basis.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $30,000,000 for fiscal year
1995, to remain available until expended. | Directs the Secretary of the Army to establish a pilot program to provide environmental assistance to non-Federal interests in the Chesapeake Bay watershed. Requires such assistance to be in the form of design and construction assistance for water-related environmental infrastructure and resource protection and development projects affecting the Bay's estuary. Permits assistance for a project only if it is publicly owned and will be publicly operated and maintained. Sets forth requirements for local cooperation agreements with non-Federal interests.
Sets the Federal share at 75 percent of total project costs. Requires the non-Federal share of operation and maintenance costs to be 100 percent.
Directs the Secretary to establish at least one project in each of the States of Maryland, Pennsylvania, and Virginia.
Authorizes appropriations. | To authorize the establishment of a pilot program to provide environmental assistance to non-Federal interests in the Chesapeake Bay watershed, and for other purposes. |
977 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Slave Memorial Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Millions of Africans and their descendants were
enslaved in the United States and the 13 American colonies in
the period 1619 through 1865.
(2) The American Colonies determined that economic benefit
would be derived from the import of slave labor and forthwith
became an active participant in the ``Middle Passage'' of
African slaves to its shores.
(3) Upon their arrival in North America, Africans were
considered chattel and thereby denied the privileges granted to
other immigrants.
(4) The agricultural resources of any nation are the
backbone of its subsistence and for over 250 years, millions of
unnamed African and American-born Black men, women, and
children provided the free labor that cultivated the fields
from which Americans ate and were clothed, which allowed the
dominant population to secure other interests.
(5) Slavery was a grave injustice that caused African
Americans to suffer enormous damages and losses, both material
and intangible, including the loss of human dignity and
liberty, the frustration of careers and professional lives, and
the long-term loss of income and opportunity.
(6) Slavery in the United States denied African Americans
the fruits of their own labor and was an immoral and inhumane
deprivation of life, liberty, the pursuit of happiness,
citizenship rights, and cultural heritage.
(7) Although the achievements of African Americans in
overcoming the evils of slavery stand as a source of tremendous
inspiration, the successes of slaves and their descendants do
not overwrite the failure of the Nation to grant all Americans
their birthright of equality and the civil rights that
safeguard freedom.
(8) Many African American slaves fought as valiant patriots
in the wars that helped to preserve our national freedoms,
knowing they would never be privileged to partake of the
freedoms for which they fought.
(9) African American art, history, and culture reflect
experiences of slavery and freedom, and continued struggles for
full recognition of citizenship and treatment with human
dignity, and there is inadequate presentation, preservation,
and recognition of the contributions of African Americans
within American society.
(10) There is a great need for building institutions and
monuments to promote cultural understanding of African American
heritage and further enhance racial harmony.
(11) It is proper and timely for the Congress to recognize
June 19, 1865, the historic day when the last group of slaves
were informed of their freedom, to acknowledge the historic
significance of the abolition of slavery, to express deep
regret to African Americans, and to support reconciliation
efforts.
SEC. 3. NATIONAL SLAVE MEMORIAL.
(a) In General.--The National Foundation for African American
Heritage (in this Act referred to as the ``Foundation''), in
consultation with the Secretary of the Interior, is authorized to
establish, in the District of Columbia, a memorial to slavery--
(1) to acknowledge the fundamental injustice, cruelty,
brutality, and inhumanity of slavery in the United States and
the 13 American Colonies; and
(2) to honor the nameless and forgotten men, women, and
children who have gone unrecognized for their undeniable and
weighty contribution to the United States.
(b) Location.--
(1) Sense of congress.--It is the sense of the Congress
that the memorial should be situated within the area that is
referred to in the Commemorative Works Act (40 U.S.C. 1001 et
seq.) as Area I, and in proximity to the Lincoln Memorial.
(2) Determination.--The Secretary of the Interior and the
National Capital Memorial Commission shall determine a location
for the memorial by not later than 6 months after the date of
enactment of this Act.
(c) Design.--The Foundation, in consultation with the Secretary of
the Interior, and the National Capital Memorial Commission shall--
(1) not later than 6 months after the date of enactment of
this Act, begin soliciting proposals for the design of the
memorial from architects; and
(2) not later than 2 years after the date of enactment of
this Act, select a design for the memorial from the proposals
submitted to the Secretary.
(d) Funding.--
(1) In general.--The Secretary of the Interior, in
coordination with the Director of the Smithsonian Institution,
may accept donations of any necessary funds from the Foundation
and other private sector sources to design, construct, and
maintain the memorial.
(2) Account in treasury.--The Secretary shall deposit
amounts that are accepted under this subsection into a separate
account in the Treasury established for such purpose. Amounts
deposited into the account shall be available for expenditure
by the Secretary without further appropriation to carry out
this Act.
SEC. 4. REPORTS.
(a) Periodic Reports.--Not later than 6 months after the date of
enactment of this Act, and each 6 months thereafter until the
submission of a final report under subsection (b), the Secretary of the
Interior shall transmit to the Congress a report on activities with
regard to the memorial.
(b) Final Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall transmit to the Congress a
final report on activities with regard to the memorial, including the
recommended design of the memorial.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Subject to subsection (b), there are authorized to
be appropriated to the Secretary of the Interior such sums as may be
necessary for carrying out this Act.
(b) Limitation.--No sums may be appropriated to the Secretary for
the construction of the memorial unless at least one-half of the
estimated total cost of the construction of the memorial is donated
from private sources pursuant to section 3(d). | National Slave Memorial Act - Authorizes the National Foundation for African American Heritage to establish, in the District of Columbia, a memorial to slavery to: (1) acknowledge the fundamental injustice, cruelty, brutality, and inhumanity of slavery in the United States and the 13 American colonies; and (2) honor the nameless and forgotten men, women, and children who have gone unrecognized for their undeniable and weighty U.S. contribution.Expresses the sense of Congress that the memorial should be situated in a specified area near the Lincoln Memorial. Requires the Secretary of the Interior and the National Capital Memorial Commission to determine a location for the memorial. | To authorize the Secretary of the Interior to establish a memorial to slavery, in the District of Columbia. |
978 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Health Security Act of
2006''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Border area.--The term ``border area'' has the meaning
given the term ``United States-Mexico Border Area'' in section
8 of the United States-Mexico Border Health Commission Act (22
U.S.C. 290n-6).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 3. BORDER HEALTH GRANTS.
(a) Eligible Entity Defined.--In this section, the term ``eligible
entity'' means a State, public institution of higher education, local
government, tribal government, nonprofit health organization, or
community health center receiving assistance under section 330 of the
Public Health Service Act (42 U.S.C. 254b), that is located in the
border area.
(b) Authorization.--From funds appropriated under subsection (f),
the Secretary, acting through the United States members of the United
States-Mexico Border Health Commission, shall award grants to eligible
entities to address priorities and recommendations to improve the
health of border area residents that are established by--
(1) the United States members of the United States-Mexico
Border Health Commission;
(2) the State border health offices; and
(3) the Secretary.
(c) Application.--An eligible entity that desires a grant under
subsection (b) shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require.
(d) Use of Funds.--An eligible entity that receives a grant under
subsection (b) shall use the grant funds for--
(1) programs relating to--
(A) maternal and child health;
(B) primary care and preventative health;
(C) public health and public health infrastructure;
(D) health promotion;
(E) oral health;
(F) behavioral and mental health;
(G) substance abuse;
(H) health conditions that have a high prevalence
in the border area;
(I) medical and health services research;
(J) workforce training and development;
(K) community health workers or promotoras;
(L) health care infrastructure problems in the
border area (including planning and construction
grants);
(M) health disparities in the border area;
(N) environmental health;
(O) health education; and
(P) outreach and enrollment services with respect
to Federal programs (including programs authorized
under titles XIX and XXI of the Social Security Act (42
U.S.C. 1396 and 1397aa)); and
(2) other programs determined appropriate by the Secretary.
(e) Supplement, Not Supplant.--Amounts provided to an eligible
entity awarded a grant under subsection (b) shall be used to supplement
and not supplant other funds available to the eligible entity to carry
out the activities described in subsection (d).
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2007 and each succeeding fiscal year.
SEC. 4. BORDER BIOTERRORISM PREPAREDNESS GRANTS.
(a) Eligible Entity Defined.--In this section, the term ``eligible
entity'' means a State, local government, tribal government, or public
health entity.
(b) Authorization.--From funds appropriated under subsection (e),
the Secretary shall award grants to eligible entities for bioterrorism
preparedness in the border area.
(c) Application.--An eligible entity that desires a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and containing such information as the Secretary may
require.
(d) Uses of Funds.--An eligible entity that receives a grant under
subsection (b) shall use the grant funds to, in coordination with State
and local bioterrorism programs--
(1) develop and implement bioterror preparedness plans and
readiness assessments and purchase items necessary for such
plans;
(2) coordinate bioterrorism and emergency preparedness
planning in the region;
(3) improve infrastructure, including syndrome surveillance
and laboratory capacity;
(4) create a health alert network, including risk
communication and information dissemination;
(5) educate and train clinicians, epidemiologists,
laboratories, and emergency personnel; and
(6) carry out such other activities identified by the
Secretary, the United States-Mexico Border Health Commission,
State and local public health offices, and border health
offices.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for fiscal year 2007
and such sums as may be necessary for each succeeding fiscal year.
SEC. 5. UNITED STATES-MEXICO BORDER HEALTH COMMISSION ACT AMENDMENTS.
The United States-Mexico Border Health Commission Act (22 U.S.C.
290n et seq.) is amended by adding at the end the following:
``SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this Act
$10,000,000 for fiscal year 2007 and such sums as may be necessary for
each succeeding fiscal year.''.
SEC. 6. COORDINATION OF HEALTH SERVICES AND SURVEILLANCE.
The Secretary may coordinate with the Secretary of Homeland
Security in establishing a health alert system that--
(1) alerts clinicians and public health officials of
emerging disease clusters and syndromes along the border area;
and
(2) is alerted to signs of health threats or bioterrorism
along the border area.
SEC. 7. BINATIONAL PUBLIC HEALTH INFRASTRUCTURE AND HEALTH INSURANCE.
(a) In General.--The Secretary of Health and Human Services shall
enter into a contract with the Institute of Medicine for the conduct of
a study concerning binational public health infrastructure and health
insurance efforts. In conducting such study, the Institute shall
solicit input from border health experts and health insurance issuers.
(b) Report.--Not later than 1 year after the date on which the
Secretary of Health and Human Services enters into the contract under
subsection (a), the Institute of Medicine shall submit to the Secretary
and the appropriate committees of Congress a report concerning the
study conducted under such contract. Such report shall include the
recommendations of the Institute on ways to expand or improve
binational public health infrastructure and health insurance efforts.
SEC. 8. PROVISION OF RECOMMENDATIONS AND ADVICE TO CONGRESS.
Section 5 of the United States-Mexico Border Health Commission Act
(22 U.S.C. 290n-3) is amended by adding at the end the following:
``(d) Providing Advice and Recommendations to Congress.--A member
of the Commission, or an individual who is on the staff of the
Commission, may at any time provide advice or recommendations to
Congress concerning issues that are considered by the Commission. Such
advice or recommendations may be provided whether or not a request for
such is made by a member of Congress and regardless of whether the
member or individual is authorized to provide such advice or
recommendations by the Commission or any other Federal official.''. | Border Health Security Act of 2006 - Requires the Secretary of Health and Human Services (the Secretary), acting through the U.S. members of the United States-Mexico Border Health Commission, to award grants to improve border residents' health.
Requires the Secretary to award grants to states, local or tribal governments, or public health entities for bioterrorism preparedness in the border area.
Authorizes appropriations to carry out the United States-Mexico Border Health Commission Act.
Allows the Secretary to coordinate with the Secretary of Homeland Security in establishing a health alert system that: (1) alerts clinicians and public health officials of emerging disease clusters and syndromes along the border area; and (2) is alerted to signs of health threats or bioterrorism along the border area.
Requires the Secretary to enter into a contract with the Institute of Medicine for the study of binational public health infrastructure and health insurance efforts.
Authorizes any member or staff of the Commission to provide advice or recommendations to Congress concerning issues that are considered by the Commission. | To establish grant programs to improve the health of border area residents and for bioterrorism preparedness in the border area, and for other purposes. |
979 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Everyone Deserves Unconditional
Access to Education (EDUCATE) Act''.
SEC. 2. AMENDMENT TO IDEA.
Section 611(i) of the Individuals with Disabilities Education Act
(20 U.S.C. 1411(i)) is amended to read as follows:
``(i) Funding.--
``(1) In general.--For the purpose of carrying out this
part, other than section 619, there are authorized to be
appropriated--
``(A) $12,068,264,000 or 19 percent of the amount
determined under paragraph (2), whichever is less, for
fiscal year 2008, and there are hereby appropriated
$1,500,029,000 or 2.4 percent of the amount determined
under paragraph (2), whichever is less, for fiscal year
2008, which shall become available for obligation on
July 1, 2008, and shall remain available through
September 30, 2009;
``(B) $13,781,789,000 or 21.2 percent of the amount
determined under paragraph (2), whichever is less, for
fiscal year 2009, and there are hereby appropriated
$3,209,117,000 or 4.9 percent of the amount determined
under paragraph (2), whichever is less, for fiscal year
2009, which shall become available for obligation on
July 1, 2009, and shall remain available through
September 30, 2010;
``(C) $15,738,479,000 or 23.5 percent of the amount
determined under paragraph (2), whichever is less, for
fiscal year 2010, and there are hereby appropriated
$5,156,400,000 or 7.7 percent of the amount determined
under paragraph (2), whichever is less, for fiscal year
2010, which shall become available for obligation on
July 1, 2010, and shall remain available through
September 30, 2011;
``(D) $17,972,975,000 or 26.2 percent of the amount
determined under paragraph (2), whichever is less, for
fiscal year 2011, and there are hereby appropriated
$7,375,074,000 or 10.7 percent of the amount determined
under paragraph (2), whichever is less, for fiscal year
2011, which shall become available for obligation on
July 1, 2011, and shall remain available through
September 30, 2012;
``(E) $20,524,716,000 or 29.1 percent of the amount
determined under paragraph (2), whichever is less, for
fiscal year 2012, and there are hereby appropriated
$9,902,965,000 or 14 percent of the amount determined
under paragraph (2), whichever is less, for fiscal year
2012, which shall become available for obligation on
July 1, 2012, and shall remain available through
September 30, 2013;
``(F) $23,438,744,000 or 32.4 percent of the amount
determined under paragraph (2), whichever is less, for
fiscal year 2013, and there are hereby appropriated
$12,783,166,000 or 17.7 percent of the amount
determined under paragraph (2), whichever is less, for
fiscal year 2013, which shall become available for
obligation on July 1, 2013, and shall remain available
through September 30, 2014;
``(G) $26,766,497,000 or 36 percent of the amount
determined under paragraph (2), whichever is less, for
fiscal year 2014, and there are hereby appropriated
$16,064,780,000 or 21.6 percent of the amount
determined under paragraph (2), whichever is less, for
fiscal year 2014, which shall become available for
obligation on July 1, 2014, and shall remain available
through September 30, 2015;
``(H) $30,566,712,000 or 40 percent of the amount
determined under paragraph (2), whichever is less, for
fiscal year 2015, and there are hereby appropriated
$19,803,751,000 or 25.9 percent of the amount
determined under paragraph (2), whichever is less, for
fiscal year 2015, which shall become available for
obligation on July 1, 2015, and shall remain available
through September 30, 2016; and
``(I) 40 percent of the amount determined under
paragraph (2) for fiscal year 2016 and each subsequent
fiscal year, and there are hereby appropriated 26.2
percent of the amount determined under paragraph (2)
for fiscal year 2016 and each subsequent fiscal year,
which shall become available for obligation (A) with
respect to fiscal year 2016, on July 1, 2016, and shall
remain available through September 30, 2017, and (B)
with respect to each subsequent fiscal year, on July 1
of that fiscal year and shall remain available through
September 30 of the succeeding fiscal year.
``(2) Amount.--The amount referred to in each of
subparagraphs (A) through (I) of paragraph (1) is--
``(A) the number of children with disabilities in
the 2004-2005 school year in all States who received
special education and related services--
``(i) aged 3 through 5 if the States are
eligible for grants under section 619; and
``(ii) aged 6 through 21; multiplied by
``(B) 40 percent of the average per-pupil
expenditure in public elementary schools and secondary
schools in the United States; adjusted by
``(C) the rate of annual change in the sum of--
``(i) 85 percent of the population of all
States described in subsection
(d)(3)(A)(i)(II); and
``(ii) 15 percent of the population of all
States described in subsection
(d)(3)(A)(i)(III).''.
SEC. 3. OFFSETS.
The amounts appropriated in 611(i) of the Individuals with
Disabilities Education Act (20 U.S.C. 1411(i)), as amended by section 2
of this Act, shall be expended consistent with pay-as-you-go
requirements. | Everyone Deserves Unconditional Access to Education (EDUCATE) Act - Amends the Individuals with Disabilities Education Act (IDEA) to reauthorize part B programs of education of all children with disabilities.
Authorizes appropriations in specified amounts for part B for FY2008-FY2016 and thereafter, according to a certain formula. (Provides phased-in increases of such authorized funding designed to reach a promised 40% federal share by FY2015.) Makes appropriations in specified amounts (which are less than the amounts this Act authorizes to be appropriated) for part B for FY2008-FY2016 and thereafter. Requires such amounts to be expended consistent with pay-as-you-go requirements. | To amend part B of the Individuals with Disabilities Education Act to provide full Federal funding of such part. |
980 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Shipping Reinvestment Act
of 2008''.
SEC. 2. REPEAL OF QUALIFIED SHIPPING INVESTMENT WITHDRAWAL RULES.
(a) In General.--Section 955 of the Internal Revenue Code of 1986
(relating to withdrawal of previously excluded subpart F income from
qualified investment) is hereby repealed.
(b) Conforming Amendments.--
(1) Section 951(a)(1)(A) of such Code is amended by adding
``and'' at the end of clause (i) and by striking clause (iii).
(2) Section 951(a)(3) of such Code (relating to the
limitation on pro rata share of previously excluded subpart F
income withdrawn from investment) is hereby repealed.
(3) Section 964(b) of such Code is amended by striking ``,
955,''.
(4) The table of sections for subpart F of part III of
subchapter N of chapter 1 of such Code is amended by striking
the item relating to section 955.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years of controlled foreign corporations ending on or
after the date of the enactment of this Act, and to taxable years of
United States shareholders in which or with which such taxable years of
controlled foreign corporations end.
SEC. 3. TEMPORARY DIVIDENDS RECEIVED DEDUCTION FOR PREVIOUSLY UNTAXED
FOREIGN BASE COMPANY SHIPPING INCOME.
(a) In General.--Section 965 of the Internal Revenue Code of 1986
(relating to temporary dividends received deduction) is amended by
adding at the end the following new subsection:
``(g) Temporary Dividends Received Deduction for Foreign Base
Company Shipping Income.--
``(1) In general.--In the case of a corporation which is a
United States shareholder and for which the election under this
subsection is in effect for the taxable year, there shall be
allowed as a deduction an amount equal to 85 percent of the
cash distributions which are received during such taxable year
by such shareholder from controlled foreign corporations to the
extent that the distributions are attributable to income--
``(A) which was derived by the controlled foreign
corporation in taxable years beginning before January
1, 2005, and
``(B) which would, without regard to the year
earned, be described in section 954(f) (as in effect
before the enactment of the American Jobs Creation Act
of 2004).
``(2) Indirect dividends.--A rule similar to the rule of
subsection (a)(2) shall apply, determined by treating cash
distributions which are so attributable as cash dividends.
``(3) Limitation.--The amount of dividends taken into
account under this subsection shall not exceed the amount
permitted to be taken into account under paragraphs (1), (3),
and (4) of subsection (b), determined as if such paragraphs
applied to this subsection.
``(4) Taxpayer election and designation.--For purposes of
paragraph (1), a United States shareholder may, on its return
for the taxable year to which this subsection applies--
``(A) elect to apply paragraph (3) of section
959(c) before paragraphs (1) and (2) thereof, and
``(B) designate the extent, if any, to which a cash
distribution reduces a controlled foreign corporation's
earnings and profits attributable to--
``(i) foreign base company shipping income
(determined under section 954(f) as in effect
before the enactment of the American Jobs
Creation Act of 2004), or
``(ii) other earnings and profits.
``(5) Election.--The taxpayer may elect to apply this
subsection to--
``(A) the taxpayer's last taxable year which begins
before the date of the enactment of this subsection, or
``(B) the taxpayer's first taxable year which
begins during the 1-year period beginning on such date.
Such election may be made for a taxable year only if made on or
before the due date (including extensions) for filing the
return of tax for such taxable year.
``(6) Reduction in benefits for failure to maintain
employment levels.--
``(A) In general.--If, during the period consisting
of the calendar month in which the taxpayer first
receives a distribution described in paragraph (1) and
the succeeding 23 calendar months, the taxpayer does
not maintain an average employment level at least equal
to the taxpayer's prior average employment, an
additional amount equal to $25,000 multiplied by the
number of employees by which the taxpayers average
employment level during such period falls below the
prior average employment (but not exceeding the
aggregate amount allowed as a deduction pursuant to
paragraph (1)) shall be taken into income by the
taxpayer during the taxable year that includes the
final day of such period.
``(B) Prior average employment.--For purposes of
this paragraph, the taxpayer's `prior average
employment' shall be the average number of employees of
the taxpayer during the period consisting of the 24
calendar months immediately preceding the calendar
month in which the taxpayer first receives a
distribution described in paragraph (1).
``(C) Aggregation rules.--In determining the
taxpayer's average employment level and prior average
employment, all domestic members of a controlled group
(as defined in section 264(e)(5)(B)) shall be treated
as a single taxpayer.''.
(b) Conforming Amendment.--Subsection (f) of section 965 of such
Code is amended by inserting ``other than subsection (g)'' after ``this
section'' in the material preceding paragraph (1).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending on or after the date of the enactment of
this Act. | American Shipping Reinvestment Act of 2008 - Amends the Internal Revenue Code to: (1) repeal shipping investment withdrawal tax rules; and (2) allow U.S. corporate shareholders a tax deduction for dividends attributable to foreign base company shipping income received from a controlled foreign corporation. | A bill to amend the Internal Revenue Code of 1986 to repeal the shipping investment withdrawal rules in section 955 and to provide an incentive to reinvest foreign shipping earnings in the United States. |
981 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Residential Carbon Monoxide
Poisoning Prevention Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Carbon monoxide is a colorless, odorless gas produced
by burning any fuel. Exposure to unhealthy levels of carbon
monoxide can lead to carbon monoxide poisoning, a serious
health condition that could result in death.
(2) Carbon monoxide poisoning from the use of fuel-burning
appliances in residential homes and other dwelling units kills
at least 2,000 people each year and sends more than 15,000 to
hospital emergency rooms for treatment.
(3) Research shows that purchasing and installing carbon
monoxide alarms close to the sleeping areas in residential
homes and other dwelling units can help avoid fatalities.
(4) Congress should promote the purchase and installation
of carbon monoxide alarms in residential homes and dwelling
units nationwide in order to promote the health and public
safety of citizens throughout the Nation.
SEC. 3. ADOPTION OF ANSI/UL 2034 AS CONSUMER PRODUCT SAFETY RULE.
(a) In General.--The Consumer Product Safety Act (15 U.S.C. 2051 et
seq.) is amended by adding at the end thereof the following:
``SEC. 43. RESIDENTIAL CARBON MONOXIDE DETECTORS.
``(a) In General.--
``(1) Mandatory standard.--Notwithstanding any other
provision of law, within 90 days after the date of enactment of
the Residential Carbon Monoxide Poisoning Prevention Act, the
Consumer Product Safety Commission shall publish in the Federal
Register as a mandatory consumer product safety standard the
American National Standard for Single and Multiple Station
Carbon Monoxide Alarms (American National Standard ANSI/UL
2034-2005). The standard shall take effect 180 days after it is
published.
``(2) Compliance with standard.--After the standard takes
effect, it shall be unlawful for any manufacturer or
distributor to import into or distribute in commerce in the
United States any new assembled or unassembled residential
carbon monoxide detector unless it complies with the standard.
``(3) Violation.--The failure to comply with paragraph (2)
shall be deemed to be a failure to comply with a consumer
product safety standard under this Act and subject to all of
the penalties and remedies available under this Act.
``(4) Other types of carbon monoxide detectors.--Paragraph
(2) does not apply to any carbon monoxide detector not covered
by the standard as provided in section 1.4 of the standard.
``(b) Labeling.--Beginning 1 year after the date of enactment of
the Residential Carbon Monoxide Poisoning Prevention Act, a
manufacturer selling or offering for sale in the United States a
residential carbon monoxide detector manufactured more than 1 year
after the date of enactment of that Act, shall clearly identify on any
container of the detector and on the detector its conformance with the
requirements of the consumer product safety standard promulgated under
subsection (a).
``(c) Modification of Standard.--
``(1) ANSI revisions.--If the American National Standard
ANSI/UL 34-2005 is revised through the applicable consensus
standards development process after the date on which the
product safety standard for residential carbon monoxide
detectors is published in the Federal Register, the American
National Standards Institute shall notify the Commission of the
revision.
``(2) Commission action.--Within 120 days after it receives
notice of such a revision by the American National Standards
Institute, the Commission shall issue a notice of proposed
rulemaking in accordance with section 553 of title 5, United
States Code, to amend the product safety standard for
residential carbon monoxide detectors to include any such
revision that the Commission determines is reasonably related
to the performance of such detectors, and notify the Institute
of any revision it has determined not to be so related. The
Commission shall promulgate an amendment to the standard for
such detectors within 180 days after the date on which the
notice of proposed rulemaking for the amendment is published in
the Federal Register.
``(3) Additional safety requirements.--Notwithstanding any
other provision of this Act, the Commission may, pursuant to
sections 7 and 9 of this Act, amend the product safety standard
for residential carbon monoxide detectors to include any
additional provision that the Commission determines is
reasonably necessary to ensure their safe and effective
operation.
``(4) Certain provisions not applicable.--Sections 7 and 9
of this Act shall not apply to promulgation of any amendment of
the product safety standard under paragraph (2). Judicial
review of any amendment of the standard under paragraph (2)
shall be in accordance with chapter 7 of title 5, United States
Code.''.
(b) Conforming Amendment.--The table of contents of the Consumer
Product Safety Act is amended by inserting after the item relating to
section 42 the following:
``Sec. 43. Residential carbon monoxide detectors.''.
SEC. 4. REDUCING DEATHS AND INJURIES FROM CARBON MONOXIDE POISONING.
(a) Safety Standard: Requiring Equipment of Portable Generators
with Carbon Monoxide Interlock Safety Devices.--Not later than 180 days
after the date of enactment of this Act, the Consumer Product Safety
Commission shall promulgate consumer product safety rules, pursuant to
section 7 of the Consumer Product Safety Act (15 U.S.C. 2056),
requiring, at a minimum, that every portable generator sold to the
public for purposes other than resale shall be equipped with an
interlock safety device that--
(1) detects the level of carbon monoxide in the areas
surrounding such portable generator; and
(2) automatically turns off the portable generator before
the level of carbon monoxide reaches a level that would cause
serious bodily injury or death to people.
(b) Labeling and Instruction Requirements.--Not later than 180 days
after the date of enactment of this Act, the Consumer Product Safety
Commission shall promulgate consumer product safety rules, pursuant to
section 7 of the Consumer Product Safety Act (15 U.S.C. 2056),
requiring, at a minimum, the following:
(1) Warning labels.--Each portable generator sold to the
public for purposes other than resale shall have a large,
prominently displayed warning label in both English and Spanish
on the exterior packaging, if any, of the portable generator
and permanently affixed on the portable generator regarding the
carbon monoxide hazard posed by incorrect use of the portable
generator. The warning label shall include the word ``DANGER''
printed in a large font that is no smaller than 1 inch tall,
and shall include the following information, at a minimum,
presented in a clear manner:
(A) Indoor use of a portable generator can kill
quickly.
(B) Portable generators should be used outdoors
only and away from garages and open windows.
(C) Portable generators produce carbon monoxide, a
poisonous gas that people cannot see or smell.
(2) Pictogram.--Each portable generator sold to the public
for purposes other than resale shall have a large pictogram,
affixed to the portable generator, which clearly states
``OUTDOOR USE ONLY: EMITS POISONOUS GAS'' and visually depicts
the harmful effects of breathing carbon monoxide.
(3) Instruction manual.--The instruction manual, if any,
that accompanies any portable generator sold to the public for
purposes other than resale shall include detailed, clear, and
conspicuous statements that include the following elements:
(A) A warning that portable generators emit carbon
monoxide, a poisonous gas that can kill people.
(B) A warning that people cannot smell, see, or
taste carbon monoxide.
(C) An instruction to operate portable generators
only outdoors and away from windows, garages, and air
intakes.
(D) An instruction never to operate portable
generators inside homes, garages, sheds, or other semi-
enclosed spaces, even if a person runs a fan or opens
doors and windows.
(E) A warning that if a person begins to feel sick,
dizzy, or weak while using a portable generator, that
person should shut off the portable generator, get to
fresh air immediately, and consult a doctor.
(c) Report.--Not later than 120 days after the date of enactment of
this Act, the Consumer Product Safety Commission shall submit a report
to the Senate Committee on Commerce, Science, and Transportation that--
(1) reviews the effectiveness of its labeling requirements
for charcoal briquettes (16 C.F.R. 1500.14(b)(6)) during the
windstorm that struck the Pacific Northwest beginning on
December 14, 2006;
(2) identifies any specific challenges faced by non-English
speaking populations with use of the current standards; and
(3) contains recommendations for improving the labels on
charcoal briquettes.
SEC. 5. STATE GRANT PROGRAM FOR CARBON MONOXIDE ALARMS.
(a) State Approved Carbon Monoxide Alarm Grant Program.--
(1) In general.--Subject to the availability of
appropriations authorized by subsection (d), the Consumer
Product Safety Commission shall establish a grant program to
provide assistance to eligible States to carry out a carbon
monoxide alarm program.
(2) Eligibility.--To be eligible for a grant under the
program, a State shall--
(A) demonstrate to the satisfaction of the
Commission that the State has adopted a statute, or a
State agency has adopted a state-wide rule, regulation,
or similar measure with the force and effect of law,
requiring the inclusion of approved carbon monoxide
alarms installed in accordance with NFPA 720 in all
commercial residential dwelling units and all new
dwelling unit construction and providing penalties for
failure to include such alarms; and
(B) submit an application to the Commission at such
time, in such form, and containing such additional
information as the Commission may require. The
application may be filed on behalf of any qualified
State by the fire code enforcement officials for such
State.
(3) Grant amount; priority.--The Commission shall determine
the amount of the grants awarded under this section, and shall
give priority to--
(A) multi-state applications (including those made
by a nonprofit organization representing fire code
enforcement officials on behalf of more than 1 State)
if all participating States meet the requirements of
this paragraph; and
(B) States demonstrating greater than average
losses of life from carbon monoxide poisoning in the
home.
(4) Use of funds.--A State receiving a grant under this
section may use grant funds--
(A) to train that State's fire code enforcement
officials in the proper enforcement of State laws
concerning approved carbon monoxide alarms and the
installation of such alarms in accordance with NFPA
720;
(B) for the development and dissemination of
training materials, instructors, and any other costs
related to the training sessions authorized by this
paragraph; and
(C) to educate the public about the risk associated
with carbon monoxide as a poison and the importance of
proper carbon monoxide alarm use.
(5) Limitation on use of funds.--
(A) Administrative costs.--No more than 10 percent
of any grant funds may be used to cover administrative
costs not directly related to training described in
paragraph (4)(A).
(B) Public outreach.--No more than 25 percent of
any grant may be used to cover costs of activities
described in paragraph (4)(C).
(b) Definitions.--In this section:
(1) Approved carbon monoxide alarm.--The term ``approved
carbon monoxide alarm'' means a carbon monoxide alarm that
complies with the standards, whether voluntary or mandatory,
issued, approved, or otherwise supported by the Commission with
respect to such alarms, whether those standards have been
developed unilaterally by the Commission or in conjunction with
other parties.
(2) Carbon monoxide alarm.--The term ``carbon monoxide
alarm'' means a device that detects the presence of carbon
monoxide and sounds an alarm if the level of carbon monoxide
detected by the device poses a health risk to persons within
the vicinity of the device.
(3) Commission.--The term ``Commission'' means the Consumer
Product Safety Commission.
(4) Dwelling unit.--The term ``dwelling unit'' means a room
or suite of rooms used for human habitation, and includes a
single family residence as well as each living unit of a
multiple family residence (including apartment buildings) and
each living unit in a mixed use building.
(5) Fire code enforcement officials.--The term ``fire code
enforcement officials'' means officials of the Fire Safety Code
Enforcement Agency of a State.
(6) NFPA 720.--The term ``NFPA 720'' means the Standard for
the Installation of Carbon Monoxide (CO) Warning Equipment in
Dwelling Units issued by the National Fire Protection
Association in 2005 and any amended or similar successor
standard pertaining to the proper installation of carbon
monoxide alarms in dwelling units.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission for each of fiscal years 2009 through
2013 $2,000,000 to carry out this subsection, such sums to remain
available until expended. Any amounts appropriated pursuant to this
paragraph that remain unexpended and unobligated at the end of fiscal
year 2013 shall be retained by the Commission and credited to the
appropriations account that funds enforcement of the Consumer Products
Safety Act.
(d) Commission Report.--Not later than 1 year after the last day of
each fiscal year for which grants are made under this section, the
Commission shall submit to Congress a report evaluating the
implementation of the grant program authorized by this section. | Residential Carbon Monoxide Poisoning Prevention Act - Amends the Consumer Product Safety Act to require the Consumer Product Safety Commission (CPSC) to publish the American National Standard for Single and Multiple Station Carbon Monoxide Alarms (American National Standard ANSI/UL 2034-2005) as a mandatory consumer product safety standard. Makes it unlawful for any manufacturer or distributor to import into or distribute any new assembled or unassembled residential carbon monoxide detector unless it complies with the standard.
Requires the CPSC to promulgate consumer product safety rules requiring, at a minimum, that every portable generator sold to the public for purposes other than resale shall be equipped with an interlock safety device that: (1) detects the level of carbon monoxide in the areas surrounding such portable generator; and (2) automatically turns off the portable generator before the level of carbon monoxide reaches a level that would cause serious bodily injury or death to people.
Requires the CPSC to establish a grant program to provide assistance to states to carry out a carbon monoxide alarm program. | A bill to amend the Consumer Product Safety Act to require residential carbon monoxide detectors to meet the applicable ANSI/UL standard by treating that standard as a consumer product safety rule, to encourage States to require the installation of such detectors in homes, and for other purposes. |
982 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Thorium Energy Independence and
Security Act of 2008''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States and foreign countries will require
massive and increasing quantities of energy during the 20-year
period beginning on the date of enactment of this Act to
support economic growth;
(2) nuclear power provides energy without generating
unacceptable quantities of greenhouse gasses;
(3) the generation of nuclear power in the United States
and many foreign countries has been discouraged by concerns
regarding--
(A) the proliferation of weapons-useable material;
and
(B) the proper disposal of spent nuclear fuel;
(4) nuclear power plants operating on an advanced thorium
fuel cycle to generate nuclear energy--
(A) could potentially produce fewer weapons-useable
materials than uranium-fueled plants; and
(B) would produce less long-term waste as compared
to other nuclear power plants;
(5)(A) thorium is more abundant than uranium; and
(B) the United States possesses significant domestic
quantities of thorium to ensure energy independence;
(6)(A) thorium fuel cycle technology was originally
developed in the United States; and
(B) cutting-edge research relating to thorium fuel cycle
technology continues to be carried out by entities in the
United States; and
(7) it is in the national security and foreign policy
interest of the United States that foreign countries seeking to
establish or expand generation and use of nuclear power should
be provided--
(A) access to advanced thorium fuel cycle
technology; and
(B) incentives to reduce the risk of nuclear
proliferation.
SEC. 3. THORIUM FUEL CYCLE NUCLEAR POWER GENERATION.
Chapter 19 of title I of the Atomic Energy Act of 1954 (42 U.S.C.
2015 et seq.) is amended by inserting after section 244 the following:
``SEC. 251. THORIUM FUEL CYCLE NUCLEAR POWER GENERATION.
``(a) Definitions.--In this section:
``(1) Chairman.--The term `Chairman' means the Chairman of
the Nuclear Regulatory Commission.
``(2) Office.--The term `Office' means an office
established under subsection (b)(1).
``(3) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(b) Offices for Regulation of Thorium Fuel Cycle Nuclear Power
Generation.--
``(1) Establishment.--The Secretary, in consultation with
the Chairman, shall establish, and provide funds to, an office
for the regulation of thorium fuel cycle nuclear power
generation in each of--
``(A) the Office of Nuclear Energy, Science and
Technology of the Department of Energy; and
``(B) the Nuclear Regulatory Commission.
``(2) Regulations.--Not later than December 31, 2012, the
Chairman, in cooperation with the heads of the Offices, shall
promulgate regulations for facilities and materials used in
thorium fuel cycle nuclear power generation.
``(3) Demonstration projects.--The heads of the Offices, in
cooperation with the head of the Idaho National Engineering
Laboratory, shall carry out demonstration projects for thorium
fuel cycle nuclear power generation at the Idaho National
Engineering Laboratory.
``(4) International partnerships and incentives.--The heads
of the Offices shall provide recommendations to the Secretary
with respect to methods of--
``(A) strengthening international partnerships to
advance nuclear nonproliferation through the design and
deployment of thorium fuel cycle nuclear power
generation; and
``(B) providing incentives to nuclear reactor
operators in the United States and foreign countries to
use proliferation-resistant, low-waste thorium fuels in
lieu of other fuels.
``(c) Report.--Not later than 1 year after the date of enactment of
the Thorium Energy Independence and Security Act of 2008, and annually
thereafter, the Secretary shall submit to Congress a report describing,
with respect to the preceding calendar year--
``(1) progress made in implementing this section; and
``(2) activities carried out by the Offices pursuant to
this section.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $250,000,000
for the period of fiscal years 2009 through 2013.''. | Thorium Energy Independence and Security Act of 2008 - Amends the Atomic Energy Act of 1954 to direct the Secretary of Energy to establish, and provide funds to, an office for the regulation of thorium fuel cycle nuclear power generation in each of: (1) the Office of Nuclear Energy, Science and Technology (ONEST) of the Department of Energy; and (2) the Nuclear Regulatory Commission (NRC).
Directs the NRC Chairman to promulgate regulations for facilities and materials used in thorium fuel cycle nuclear power generation.
Requires the heads of the two Offices to: (1) implement demonstration projects for thorium fuel cycle nuclear power generation at the Idaho National Engineering Laboratory; and (2) recommend to the Secretary methods of strengthening international partnerships to advance nuclear nonproliferation through thorium fuel cycle nuclear power generation, and of providing incentives to nuclear reactor operators to use proliferation-resistant, low-waste thorium fuels in lieu of other fuels. | A bill to amend the Atomic Energy Act of 1954 to provide for thorium fuel cycle nuclear power generation. |
983 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Major Regulation Cost Review Act of
2008''.
SEC. 2. REQUIREMENT FOR PERIODIC REVIEW OF ALL MAJOR RULES.
(a) Requirement.--Chapter 6 of title 5, United States Code, is
amended by inserting after section 610 the following new section:
``Sec. 610a. Periodic review of major rules
``(a) Requirement for Review of Major Rules.--Not later than 180
days after the date of the enactment of the Major Regulation Cost
Review Act of 2008, each agency shall publish in the Federal Register a
plan for the periodic review of all the major rules issued by the
agency. Such plan may be amended by the agency at any time by
publishing the revision in the Federal Register.
``(b) Purpose of Review.--The purpose of the review shall be to
determine whether such rules should be continued without change, or
should be amended or rescinded, consistent with the stated objectives
of applicable statutes.
``(c) Review Within Five Years.--The plan shall provide for the
review of all such agency rules existing on the effective date of the
Major Regulation Cost Review Act of 2008 within five years after that
date and for the review of such rules adopted after such effective date
within five years after the publication of such rules as the final
rule. If the head of the agency determines that completion of the
review of existing rules is not feasible by the established date, the
head of the agency shall so certify in a statement published in the
Federal Register and may extend the completion date by one year at a
time for a total of not more than five years.
``(d) Factors To Consider.--In reviewing major rules in a manner
consistent with the stated objectives of applicable statutes, the
agency shall consider the following factors:
``(1) The continued need for the rule.
``(2) The nature of complaints or comments received
concerning the rule from the public.
``(3) The complexity of the rule.
``(4) The extent to which the rule overlaps, duplicates, or
conflicts with other Federal rules, and, to the extent
feasible, with State and local governmental rules.
``(5) The length of time since the rule has been evaluated
or the degree to which technology, economic conditions, or
other factors have changed in the area affected by the rule.
``(e) Cost-Benefit Analysis.--The review shall include a cost-
benefit analysis of the rule, using the standard cost-benefit
methodology included in Office of Management and Budget Circular A-4
(relating to regulatory analysis and issued September 17, 2003). The
cost-benefit analysis shall include an identification and consideration
of a range of less costly regulatory alternatives.
``(f) Publication of List of Rules To Be Reviewed.--Each year, each
agency shall publish in the Federal Register a list of the major rules
which are to be reviewed pursuant to this section during the succeeding
12 months and which are to be included in the accounting statement and
associated report submitted to Congress by the Director of the Office
of Management and Budget under paragraph (4) of section 624(a) of the
Treasury and General Government Appropriations Act, 2001 (as added by
section 3 of the Major Regulation Cost Review Act of 2008). The list
shall include a brief description of each such major rule and the need
for and legal basis of such rule, and shall invite public comment upon
the rule.
``(g) Major Rule Defined.--In this section, the term `major rule'
has the meaning provided by section 804 of this title.''.
(b) Clerical Amendment.--The table of sections for chapter 6 of
title 5, United States Code, is amended by inserting after the item
relating to section 610 the following new item:
``610a. Periodic review of major rules.''.
SEC. 3. REQUIREMENTS FOR OMB RELATING TO ANNUAL ACCOUNTING STATEMENT.
(a) Requirement To Include List of Rules To Be Reviewed in Annual
Accounting Statement.--Section 624(a) of the Treasury and General
Government Appropriations Act, 2001 (as enacted into law by Public Law
106-554; 114 Stat. 2763A-161), is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) a list of the major rules which are to be reviewed by
each agency, during the year following the year in which the
statement and report are submitted, pursuant to section 610a of
title 5, United States Code.''.
(b) Requirement To Use Agency Cost-Benefit Estimates in Annual
Accounting Statement.--Section 624 of the Treasury and General
Government Appropriations Act, 2001 (as enacted into law by Public Law
106-554; 114 Stat. 2763A-161), is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Use of Agency Cost-Benefit Analyses Required.--To carry out
subsection (a), the Director of the Office of Management and Budget
shall require each agency annually to submit to the Office of
Management and Budget the cost-benefit analyses conducted under section
610a of title 5, United States Code, for major rules of the agency
during the preceding year.''. | Major Regulation Cost Review Act of 2008 - Requires each federal agency to publish in the Federal Register a plan for the periodic review of its major rules. Requires review of all existing major rules within five years and of all new rules within five years after their publication as a final rule.
Directs an agency to consider: (1) the continued need for the rule; (2) the nature of public complaints or comments concerning the rule; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other federal, state, and local governmental rules; and (5) the length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. Requires the review to include a cost-benefit analysis of the rule, including an identification and consideration of a range of less costly regulatory alternatives.
Requires each agency, annually, to publish a list of the major rules which are to be reviewed and which are to be included in an accounting statement and associated report to be submitted to Congress by the Director of the Office of Management and Budget (OMB). | To require agencies to review all major rules within 10 years after issuance, including a cost-benefit analysis using a standard government-wide methodology, and for other purposes. |
984 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Extraterritorial
Jurisdiction Act of 2000''.
SEC. 2. FEDERAL JURISDICTION.
(a) Certain Criminal Offenses Committed Outside the United
States.--Title 18, United States Code, is amended by inserting after
chapter 211 the following new chapter:
``CHAPTER 212--MILITARY EXTRATERRITORIAL JURISDICTION
``Sec.
``3261. Criminal offenses committed by certain members of the Armed
Forces and by persons employed by or
accompanying the Armed Forces outside the
United States.
``3262. Arrest and commitment.
``3263. Delivery to authorities of foreign countries.
``3264. Limitation on removal.
``3265. Initial proceedings.
``3266. Regulations.
``3267. Definitions.
``Sec. 3261. Criminal offenses committed by certain members of the
Armed Forces and by persons employed by or accompanying
the Armed Forces outside the United States
``(a) Whoever engages in conduct outside the United States that
would constitute an offense punishable by imprisonment for more than 1
year if the conduct had been engaged in within the special maritime and
territorial jurisdiction of the United States--
``(1) while employed by or accompanying the Armed Forces
outside the United States; or
``(2) while a member of the Armed Forces subject to chapter
47 of title 10 (the Uniform Code of Military Justice),
shall be punished as provided for that offense.
``(b) No prosecution may be commenced against a person under this
section if a foreign government, in accordance with jurisdiction
recognized by the United States, has prosecuted or is prosecuting such
person for the conduct constituting such offense, except upon the
approval of the Attorney General or the Deputy Attorney General (or a
person acting in either such capacity), which function of approval may
not be delegated.
``(c) Nothing in this chapter may be construed to deprive a court-
martial, military commission, provost court, or other military tribunal
of concurrent jurisdiction with respect to offenders or offenses that
by statute or by the law of war may be tried by a court-martial,
military commission, provost court, or other military tribunal.
``(d) No prosecution may be commenced against a member of the Armed
Forces subject to chapter 47 of title 10 (the Uniform Code of Military
Justice) under this section unless--
``(1) such member ceases to be subject to such chapter; or
``(2) an indictment or information charges that the member
committed the offense with 1 or more other defendants, at least
1 of whom is not subject to such chapter.
``Sec. 3262. Arrest and commitment
``(a) The Secretary of Defense may designate and authorize any
person serving in a law enforcement position in the Department of
Defense to arrest, in accordance with applicable international
agreements, outside the United States any person described in section
3261(a) if there is probable cause to believe that such person violated
section 3261(a).
``(b) Except as provided in sections 3263 and 3264, a person
arrested under subsection (a) shall be delivered as soon as practicable
to the custody of civilian law enforcement authorities of the United
States for removal to the United States for judicial proceedings in
relation to conduct referred to in such subsection unless such person
has had charges brought against him or her under chapter 47 of title 10
for such conduct.
``Sec. 3263. Delivery to authorities of foreign countries
``(a) Any person designated and authorized under section 3262(a)
may deliver a person described in section 3261(a) to the appropriate
authorities of a foreign country in which such person is alleged to
have violated section 3261(a) if--
``(1) appropriate authorities of that country request the
delivery of the person to such country for trial for such
conduct as an offense under the laws of that country; and
``(2) the delivery of such person to that country is
authorized by a treaty or other international agreement to
which the United States is a party.
``(b) The Secretary of Defense, in consultation with the Secretary
of State, shall determine which officials of a foreign country
constitute appropriate authorities for purposes of this section.
``Sec. 3264. Limitation on removal
``(a) Except as provided in subsection (b), and except for a person
delivered to authorities of a foreign country under section 3263, a
person arrested for or charged with a violation of section 3261(a)
shall not be removed--
``(1) to the United States; or
``(2) to any foreign country other than a country in which
such person is believed to have violated section 3261(a).
``(b) The limitation in subsection (a) does not apply if--
``(1) a Federal magistrate judge orders the person to be
removed to the United States to be present at a detention
hearing held pursuant to section 3142(f);
``(2) a Federal magistrate judge orders the detention of
the person before trial pursuant to section 3142(e), in which
case the person shall be promptly removed to the United States
for purposes of such detention;
``(3) the person is entitled to, and does not waive, a
preliminary examination under the Federal Rules of Criminal
Procedure, in which case the person shall be removed to the
United States in time for such examination;
``(4) a Federal magistrate judge otherwise orders the
person to be removed to the United States; or
``(5) the Secretary of Defense determines that military
necessity requires that the limitations in subsection (a) be
waived, in which case the person shall be removed to the
nearest United States military installation outside the United
States adequate to detain the person and to facilitate the
initial appearance described in section 3265(a).
``Sec. 3265. Initial proceedings
``(a)(1) In the case of any person arrested for or charged with a
violation of section 3261(a) who is not delivered to authorities of a
foreign country under section 3263, the initial appearance of that
person under the Federal Rules of Criminal Procedure--
``(A) shall be conducted by a Federal magistrate judge; and
``(B) may be carried out by telephony or such other means
that enables voice communication among the participants,
including any counsel representing the person.
``(2) In conducting the initial appearance, the Federal magistrate
judge shall also determine whether there is probable cause to believe
that an offense under section 3261(a) was committed and that the person
committed it.
``(3) If the Federal magistrate judge determines that probable
cause exists that the person committed an offense under section
3261(a), and if no motion is made seeking the person's detention before
trial, the Federal magistrate judge shall also determine at the initial
appearance the conditions of the person's release before trial under
chapter 207 of this title.
``(b) In the case of any person described in subsection (a), any
detention hearing of that person under section 3142(f)--
``(1) shall be conducted by a Federal magistrate judge; and
``(2) at the request of the person, may be carried out by
telephony or such other means that enables voice communication
among the participants, including any counsel representing the
person.
``(c)(1) If any initial proceeding under this section with respect
to any such person is conducted while the person is outside the United
States, and the person is entitled to have counsel appointed for
purposes of such proceeding, the Federal magistrate judge may appoint
as such counsel for purposes of such hearing a qualified military
counsel.
``(2) For purposes of this subsection, the term `qualified military
counsel' means a judge advocate made available by the Secretary of
Defense for purposes of such proceedings, who--
``(A) is a graduate of an accredited law school or
is a member of the bar of a Federal court or of the
highest court of a State; and
``(B) is certified as competent to perform such
duties by the Judge Advocate General of the armed force
of which he is a member.
``Sec. 3266. Regulations
``(a) The Secretary of Defense, after consultation with the
Secretary of State and the Attorney General, shall prescribe
regulations governing the apprehension, detention, delivery, and
removal of persons under this chapter and the facilitation of
proceedings under section 3265. Such regulations shall be uniform
throughout the Department of Defense.
``(b)(1) The Secretary of Defense, after consultation with the
Secretary of State and the Attorney General, shall prescribe
regulations requiring that, to the maximum extent practicable, notice
shall be provided to any person employed by or accompanying the Armed
Forces outside the United States who is not a national of the United
States that such person is potentially subject to the criminal
jurisdiction of the United States under this chapter.
``(2) A failure to provide notice in accordance with the
regulations prescribed under paragraph (1) shall not defeat the
jurisdiction of a court of the United States or provide a defense in
any judicial proceeding arising under this chapter.
``(c) The regulations prescribed under this section, and any
amendments to those regulations, shall not take effect before the date
that is 90 days after the date on which the Secretary of Defense
submits a report containing those regulations or amendments (as the
case may be) to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate.
``Sec. 3267. Definitions
``As used in this chapter:
``(1) The term `employed by the Armed Forces outside the
United States' means--
``(A) employed as a civilian employee of the
Department of Defense (including a nonappropriated fund
instrumentality of the Department), as a Department of
Defense contractor (including a subcontractor at any
tier), or as an employee of a Department of Defense
contractor (including a subcontractor at any tier);
``(B) present or residing outside the United States
in connection with such employment; and
``(C) not a national of or ordinarily resident in
the host nation.
``(2) The term `accompanying the Armed Forces outside the
United States' means--
``(A) a dependent of--
``(i) a member of the Armed Forces;
``(ii) a civilian employee of the
Department of Defense (including a
nonappropriated fund instrumentality of the
Department); or
``(iii) a Department of Defense contractor
(including a subcontractor at any tier) or an
employee of a Department of Defense contractor
(including a subcontractor at any tier);
``(B) residing with such member, civilian employee,
contractor, or contractor employee outside the United
States; and
``(C) not a national of or ordinarily resident in
the host nation.
``(3) The term `Armed Forces' has the meaning given the
term `armed forces' in section 101(a)(4) of title 10.
``(4) The terms `Judge Advocate General' and `judge
advocate' have the meanings given such terms in section 801 of
title 10.''.
(b) Clerical Amendment.--The table of chapters for part II of title
18, United States Code, is amended by inserting after the item relating
to chapter 211 the following new item:
``212. Military extraterritorial jurisdiction.............. 3261''. | Provides that: (1) nothing herein may be construed to deprive a court-martial, military commission, provost court, or other military tribunal of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by such an entity; and (2) no prosecution may be commenced against a member of the armed forces unless such member ceases to be such a member, or unless an indictment or information charges the member committed the offense with one or more other defendants at least one of whom is not a member.
Provides for the arrest of such individuals outside the United States and their delivery to U.S. civilian law enforcement personnel.
Authorizes the release to a recognized foreign government of persons who engage in such conduct in that country.
Prohibits removal to a foreign country (with exceptions) unless: (1) a Federal magistrate judge orders the person to be removed to the United States to be present at a detention hearing, orders the detention of the person before trial (in which case the person shall be promptly removed to the United States for purposes of such detention), or otherwise orders the person to be removed to the United States; (2) the person is entitled to, and does not waive, a preliminary examination under the Federal Rules of Criminal Procedure, in which case the person shall be removed to the United States in time for such examination; and (3) the Secretary of Defense determines that military necessity requires that the limitations on removal be waived, in which case the person shall be removed to the nearest U.S. military installation outside the United States adequate to detain the person and facilitate his or her initial appearance.
Provides that, in the case of any person arrested for or charged with a violation of this Act who is not delivered to authorities of a foreign country, the initial appearance of that person: (1) shall be conducted by a Federal magistrate judge; and (2) may be carried out by telephony or such other means that enables voice communication among the participants, including any counsel representing the person.
Directs the Federal magistrate judge: (1) in conducting the initial appearance, to also determine whether there is probable cause to believe that an offense was committed and that the person committed it; and (2) if no motion is made seeking the person's detention before trial, to also determine at the initial appearance the conditions of the person's release before trial.
Specifies that any detention hearing of such person: (1) shall be conducted by a Federal magistrate judge; and (2) at that person's request, may be carried out by a means that enables voice communication among the participants, including any counsel representing the person.
Provides that if any initial proceeding with respect to such person is conducted while the person is outside the United States and the person is entitled to have counsel appointed for purposes of such proceeding, the Federal magistrate judge may appoint as such counsel for purposes of such hearing a qualified military counsel.
Directs the Secretary of Defense to: (1) prescribe regulations governing the apprehension, detention, delivery, and removal of persons, and the facilitation of proceedings, under this Act; and (2) issue regulations requiring that notice be provided to any person covered by this Act who is not a U.S. national that such person is potentially subject to the criminal jurisdiction of the United States. States that failure to provide such notice shall not defeat such jurisdiction. | Military Extraterritorial Jurisdiction Act of 2000 |
985 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taylor Force Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Palestinian Authority's practice of paying salaries
to terrorists serving in Israeli prisons, as well as to the
families of deceased terrorists, is an incentive to commit acts
of terror.
(2) The United States does not provide direct budgetary
support to the Palestinian Authority. The United States does
pay certain debts held by the Palestinian Authority and funds
programs for which the Palestinian Authority would otherwise be
responsible.
(3) The United States Government supports community-based
programs in the West Bank and Gaza that provide for basic human
needs, such as food, water, health, shelter, protection,
education, and livelihoods, and that promote peace and
development.
(4) Since fiscal year 2015, annual appropriations
legislation has mandated the reduction of Economic Support Fund
aid for the Palestinian Authority as a result of their payments
for acts of terrorism including, in fiscal year 2017, a
reduction ``by an amount the Secretary determines is equivalent
to the amount expended by the Palestinian Authority, the
Palestine Liberation Organization, and any successor or
affiliated organizations with such entities as payments for
acts of terrorism by individuals who are imprisoned after being
fairly tried and convicted for acts of terrorism and by
individuals who died committing acts of terrorism during the
previous calendar year''.
SEC. 3. SENSE OF CONGRESS.
Congress--
(1) calls on the Palestinian Authority, the Palestine
Liberation Organization, and any successor or affiliated
organizations to stop payments for acts of terrorism by
individuals who are imprisoned after being fairly tried and
convicted for acts of terrorism and by individuals who died
committing acts of terrorism and to repeal the laws authorizing
such payments;
(2) calls on all donor countries providing budgetary
assistance to the Palestinian Authority to cease direct
budgetary support until the Palestinian Authority stops all
payments incentivizing terror;
(3) urges the Palestinian Authority to develop programs to
provide essential public services and support to any individual
in need within its jurisdictional control, rather than to
provide payments contingent on perpetrating acts of violence;
(4) urges the United States Permanent Representative to the
United Nations to use the voice, vote, and influence of the
United States at the United Nations to highlight the issue of
Palestinian Authority payments for acts of terrorism and to
urge other Member States to apply pressure upon the Palestinian
Authority to immediately cease such payments; and
(5) urges the Department of State to use its bilateral and
multilateral engagements with all governments and organizations
committed to the cause of peace between Israel and the
Palestinians to highlight the issue of Palestinian Authority
payments for acts of terrorism and to urge such governments and
organizations to join the United States in calling on the
Palestinian Authority to immediately cease such payments.
SEC. 4. LIMITATION ON ASSISTANCE TO THE WEST BANK AND GAZA.
(a) Limitation.--
(1) In general.--For fiscal year 2018 and each of the five
subsequent fiscal years, funds authorized to be appropriated or
otherwise made available for assistance under chapter 4 of part
II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et
seq.; relating to Economic Support Fund) and available for
assistance for the West Bank and Gaza that directly benefits
the Palestinian Authority may only be made available for such
purpose if, except as provided in subsection (d), not later
than 30 days after the date of the enactment of this Act, and
every 180 days thereafter, the Secretary of State certifies in
writing to the appropriate congressional committees that the
Palestinian Authority, the Palestine Liberation Organization,
and any successor or affiliated organizations--
(A) are taking credible steps to end acts of
violence against Israeli citizens and United States
citizens that are perpetrated or materially assisted by
individuals under their jurisdictional control, such as
the March 2016 attack that killed former United States
Army officer Taylor Force, a veteran of the wars in
Iraq and Afghanistan;
(B) have terminated payments for acts of terrorism
against Israeli citizens and United States citizens to
any individual, after being fairly tried, who has been
imprisoned for such acts of terrorism and to any
individual who died committing such acts of terrorism,
including to a family member of such individuals;
(C) have revoked any law, decree, regulation, or
document authorizing or implementing a system of
compensation for imprisoned individuals that uses the
sentence or period of incarceration of an individual
imprisoned for an act of terrorism to determine the
level of compensation paid, or have taken comparable
action that has the effect of invalidating any such
law, decree, regulation, or document; and
(D) are publicly condemning such acts of violence
and are taking steps to investigate or are cooperating
in investigations of such acts to bring the
perpetrators to justice.
(2) Additional certification requirement.--The Secretary of
State shall include in the certification required under
paragraph (1) the definition of ``acts of terrorism'' that the
Secretary used for purposes of making the determination in
subparagraph (B) of such paragraph.
(b) Exception.--
(1) In general.--Subject to paragraph (2), the limitation
on assistance under subsection (a) shall not apply to--
(A) payments made to the East Jerusalem Hospital
Network;
(B) assistance for wastewater projects; and
(C) assistance for any other program, project, or
activity that provides vaccinations to children.
(2) Notification.--The Secretary of State shall notify in
writing the appropriate congressional committees not later than
15 days prior to making funds available for assistance under
subparagraph (A), (B), or (C) of paragraph (1).
(c) Rule of Construction.--Funds withheld pursuant to this
section--
(1) shall be deemed to satisfy any similar withholding or
reduction required under any other provision of law relating to
the Palestinian Authority's payments for acts of terrorism; and
(2) shall be in an amount that is not less than the total
amount required by such other provision of law.
(d) Initial Use and Disposition of Withheld Funds.--
(1) Period of availability.--Funds withheld pursuant to
this section are authorized to remain available for an
additional 2 years from the date on which the availability of
such funds would otherwise have expired.
(2) Use of funds.--Funds withheld pursuant to this section
may be made available for assistance for the West Bank and Gaza
that directly benefits the Palestinian Authority upon a
certification by the Secretary of State that the Palestinian
Authority, the Palestine Liberation Organization, and any
successor or affiliated organizations have met the conditions
set forth in subsection (a). Except as provided in paragraph
(3), such funds may not be made available for any purpose other
than for assistance for the West Bank and Gaza that directly
benefits the Palestinian Authority.
(3) Disposition of unused funds.--Beginning on the date
that is 180 days after the last day on which the initial
availability of funds withheld pursuant to this section would
otherwise have expired, such funds are authorized to be made
available to the Department of State for assistance under
chapter 4 of part II of the Foreign Assistance Act of 1961 (22
U.S.C.2346 et seq.; relating to Economic Support Fund) for
purposes other than assistance for the West Bank and Gaza.
(e) Report.--
(1) In general.--If the Secretary of State is unable to
certify in writing to the appropriate congressional committees
that the Palestinian Authority, the Palestine Liberation
Organization, and any successor or affiliated organizations
have met the conditions described in subsection (a), the
Secretary shall, not later than 15 days after the date on which
the Secretary is unable to make such certification, submit to
the appropriate congressional committees a report that contains
the following:
(A) The reasons why the Secretary was unable to
certify in writing that such organizations have met
such requirements.
(B) The definition of ``acts of terrorism'' that
the Secretary used for purposes of making the
determination in subparagraph (B) of subsection (a)(1).
(C) The total amount of funds to be withheld.
(2) Form.--The report required by this subsection shall be
submitted in unclassified form but may include a classified
annex.
(f) List of Criteria.--
(1) In general.--Not later than 15 days after the date of
the enactment of this Act, the Secretary of State shall submit
to the appropriate congressional committees a list of the
criteria that the Secretary uses to determine whether
assistance for the West Bank and Gaza is assistance that
directly benefits the Palestinian Authority for purposes of
carrying out this section.
(2) Update.--The Secretary of State shall submit to the
appropriate congressional committees an updated list under
paragraph (1) not later than 15 days after the date on which
the Secretary makes any modification to the list.
SEC. 5. INITIAL REPORT.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report describing those
programs, projects, and activities funded by the United States
Government that have been or will be suspended by reason of withholding
of funds under section 4.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form but may include a classified annex.
SEC. 6. ANNUAL REPORT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for 6 years, the
Secretary of State shall submit to the appropriate congressional
committees a report including at a minimum the following elements:
(1) An estimate of the amount expended by the Palestinian
Authority, the Palestine Liberation Organization, and any
successor or affiliated organizations during the previous
calendar year as payments for acts of terrorism by individuals
who are imprisoned for such acts.
(2) An estimate of the amount expended by the Palestinian
Authority, the Palestine Liberation Organization, and any
successor or affiliated organizations during the previous
calendar year as payments to the families of deceased
individuals who committed an act of terrorism.
(3) An overview of Palestinian laws, decrees, regulations,
or documents in effect the previous calendar year that
authorize or implement any payments reported under paragraphs
(1) and (2).
(4) A description of United States Government policy,
efforts, and engagement with the Palestinian Authority in order
to confirm the revocation of any law, decree, regulation, or
document in effect the previous calendar year that authorizes
or implements any payments reported under paragraphs (1) and
(2).
(5) A description of United States Government policy,
efforts, and engagement with other governments, and at the
United Nations, to highlight the issue of Palestinian payments
for acts of terrorism and to urge other nations to join the
United States in calling on the Palestinian Authority to
immediately cease such payments.
(b) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified annex.
SEC. 7. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional committees''
means--
(1) the Committee on Appropriations and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Appropriations and the Committee on
Foreign Relations of the Senate.
Passed the House of Representatives December 5, 2017.
Attest:
KAREN L. HAAS,
Clerk. | Taylor Force Act (Sec. 4) This bill prohibits certain FY2018-FY2023 economic support assistance that directly benefits the Palestinian Authority (PA) from being made available for the West Bank and Gaza unless the Department of State certifies that the PA, the Palestine Liberation Organization, and any successor or affiliated organizations: are taking steps to end acts of violence against U.S. and Israeli citizens perpetrated by individuals under their jurisdictional control, such as the March 2016 attack that killed former Army officer Taylor Force; have revoked any law, decree, or document authorizing or implementing a system of compensation for imprisoned individuals that uses the sentence or incarceration period to determine compensation; have terminated payments for acts of terrorism against U.S. and Israeli citizens to any individual who has been fairly tried and imprisoned for such acts, to any individual who died committing such acts, and to family members of such an individual; and are publicly condemning such acts of violence and are investigating such acts. This assistance limitation shall not apply to: (1) the East Jerusalem Hospital Network, (2) wastewater projects, and (3) children's vaccination projects. Withheld funds shall remain available for up to two years before being reallocated. (Sec. 5) The bill prescribes initial and annual reporting requirements. | Taylor Force Act |
986 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Llagas Reclamation Groundwater
Remediation Initiative''.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) Groundwater remediation.--The term ``groundwater
remediation'' means actions that are necessary to prevent,
minimize, or mitigate damage to groundwater.
(2) Local water authority.--The term ``local water
authority'' means the Santa Clara Valley Water District.
(3) Remediation fund.--The term ``Remediation Fund'' means
the California Basins Groundwater Remediation Fund established
pursuant to section 3(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. CALIFORNIA BASINS REMEDIATION.
(a) California Basins Remediation.--
(1) Establishment of remediation fund.--There shall be
established within the Treasury of the United States an
interest bearing account to be known as the California Basins
Groundwater Remediation Fund.
(2) Administration of remediation fund.--The Remediation
Fund shall be administered by the Secretary of the Interior,
acting through the Bureau of Reclamation. The Secretary shall
administer the Remediation Fund in cooperation with the local
water authority.
(3) Purposes of remediation fund.--
(A) In general.--Subject to subparagraph (B), the
amounts in the Remediation Fund, including interest
accrued, shall be used by the Secretary to provide
grants to the local water authority to reimburse the
local water authority for the Federal share of the
costs associated with designing and constructing
groundwater remediation projects to be administered by
the local water authority.
(B) Cost-sharing limitation.--
(i) In general.--The Secretary may not
obligate any funds appropriated to the
Remediation Fund in a fiscal year until the
Secretary has deposited into the Remediation
Fund an amount provided by non-Federal
interests sufficient to ensure that at least 35
percent of any funds obligated by the Secretary
for a project are from funds provided to the
Secretary for that project by the non-Federal
interests.
(ii) Non-federal responsibility.--Each
local water authority shall be responsible for
providing the non-Federal amount required by
clause (i) for projects under that local water
authority. The State of California, local
government agencies, and private entities may
provide all or any portion of the non-Federal
amount.
(iii) Credits toward non-federal share.--
For purposes of clause (ii), the Secretary
shall credit the appropriate local water
authority with the value of all prior
expenditures by non-Federal interests made
after January 1, 2000, that are compatible with
the purposes of this section, including--
(I) all expenditures made by non-
Federal interests to design and
construct groundwater remediation
projects, including expenditures
associated with environmental analyses
and public involvement activities that
were required to implement the
groundwater remediation projects in
compliance with applicable Federal and
State laws; and
(II) all expenditures made by non-
Federal interests to acquire lands,
easements, rights-of-way, relocations,
disposal areas, and water rights that
were required to implement a
groundwater remediation project.
(b) Compliance With Applicable Law.--In carrying out the activities
described in this section, the Secretary shall comply with any
applicable Federal and State laws.
(c) Relationship to Other Activities.--Nothing in this section
shall be construed to affect other Federal or State authorities that
are being used or may be used to facilitate remediation and protection
of the Llagas groundwater subbasin. In carrying out the activities
described in this section, the Secretary shall integrate such
activities with ongoing Federal and State projects and activities. None
of the funds made available for such activities pursuant to this
section shall be counted against any Federal authorization ceiling
established for any previously authorized Federal projects or
activities.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Remediation Fund $25,000,000. Such funds shall
remain available until expended.
Passed the House of Representatives September 21, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Llagas Reclamation Groundwater Remediation Initiative - Establishes within the Treasury an interest bearing account to be known as the California Basins Groundwater Remediation Fund, which shall be administered by the Secretary of the Interior, acting through the Bureau of Reclamation, in cooperation with the Santa Clara Valley Water District.
Requires that the Fund be used by the Secretary to provide grants to reimburse the District for the Federal share of the costs associated with designing and constructing groundwater remediation projects. Prohibits the Secretary from obligating any funds appropriated to the Fund in a fiscal year until the Secretary has deposited a matching amount provided by non-Federal interests of at least 35 percent for a project.
Makes each local water authority responsible for providing the non-Federal amount required for projects under that authority. Allows the State of California, local government agencies, and private entities to provide all or any portion of the non-Federal amount. Directs the Secretary to credit the appropriate authority with the value of all prior expenditures by non-Federal interests made after January 1, 2000, that are compatible with the purposes of this Act. Authorizes appropriations to the Fund. | To authorize the Secretary of the Interior, acting through the Bureau of Reclamation and in coordination with other Federal, State, and local government agencies, to participate in the funding and implementation of a balanced, long-term groundwater remediation program in California, and for other purposes. |
987 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Genetic Privacy and
Nondiscrimination Act of 1997''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The DNA molecule contains information about an
individual's probable medical future.
(2) Genetic information is uniquely private and personal
information that should not be disclosed without the
authorization of the individual.
(3) The improper disclosure of genetic information can lead
to significant harm to the individual, including stigmatization
and discrimination in areas such as employment, education,
health care and insurance.
(4) An analysis of an individual's DNA provides information
not only about an individual, but also about the individual's
parents, siblings and children.
(5) Current legal protections for genetic information,
tissue samples and DNA samples are inadequate to protect
genetic privacy, and require further attention.
(6) Laws for the collection, storage and use of
identifiable DNA samples and private genetic information
obtained from those samples are needed both to protect
individual privacy and to permit legitimate genetic research.
(b) Purposes.--It is the purpose of this Act to--
(1) define the rights of individuals whose genetic
information is disclosed;
(2) define the circumstances under which an individual's
genetic information may be disclosed; and
(3) protect against discrimination by an insurer or
employer based upon an individual's genetic information.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) DNA.--The term ``DNA'' means deoxyribonucleic acid.
(2) DNA sample.--The term ``DNA sample'' means any human
biological specimen from which DNA can be extracted, or the DNA
extracted from such specimen.
(3) Employer.--The term ``employer'' has the same meaning
given such term in section 3(d) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 203(d)).
(4) Genetic information.--The term ``genetic information''
means the information about genes, gene products or inherited
characteristics that may derive from an individual or a family
member.
(5) Genetic test.--The term ``genetic test'' means a test
for determining the presence or absence of genetic
characteristics in an individual, including tests of nucleic
acids such as DNA, RNA and mitochondrial DNA, chromosomes or
proteins in order to diagnose a genetic characteristic.
(6) Insurer.--The term ``insurer'' means an insurance
company, health care service contractor, fraternal benefit
organization, insurance agent, third party administrator,
insurance support organization or other person subject to
regulation under State insurance laws. Such term includes self-
funded health plans and health plans regulated under the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001
et seq.).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 4. REQUIREMENTS FOR DISCLOSURE OF GENETIC INFORMATION.
(a) Prohibition.--
(1) In general.--Except as provided in paragraph (2),
regardless of the manner in which genetic information was
received, or of the source of such information, including
information received from an individual, an entity may not
disclose or be compelled (by subpoena or any other means) to
disclose genetic information about an individual unless such
disclosure is specifically authorized by the individual
involved or the legal representative of the individual through
a written authorization which includes a description of the
information being disclosed, the name of the individual or
entity to whom the disclosure is being made, and the purpose of
the disclosure.
(2) Exceptions.--Notwithstanding paragraph (1), genetic
information concerning an individual may be disclosed if such
disclosure--
(A) is authorized under Federal or State criminal
laws relating to the identification of individuals, or
as is necessary for the purpose of a criminal or death
investigation, a criminal or juvenile proceeding, an
inquest, or a child fatality review by a
multidisciplinary child abuse team;
(B) is required under the specific order of a
Federal or State court;
(C) is authorized under Federal or State law for
the purpose of establishing paternity;
(D) is for the purpose of furnishing genetic
information relating to a decedent to the blood
relatives of the decedent for the purpose of medical
diagnosis; or
(E) is for the purpose of identifying bodies.
(b) Application of Section.--The prohibitions of this section shall
apply to any redisclosure by any entity after another entity has
disclosed the genetic information.
SEC. 5. PROHIBITION ON CERTAIN EMPLOYMENT PRACTICES.
(a) Discrimination as to Rights or Benefits.--No employer may seek
to obtain, obtain, or use the genetic information of an employee or a
prospective employee, or require a genetic test of an employee or
prospective employee, to distinguish between or discriminate against or
restrict any right or benefit otherwise due or available to the
employee or prospective employee.
(b) Enforcement.--The powers, remedies, and procedures set forth in
sections 705 through 709 of the Civil Rights Act of 1964 shall be the
powers, remedies, and procedures this section provides to any person
alleging a violation of this section.
SEC. 6. REQUIREMENTS RELATING TO INSURERS.
(a) General Prohibition.--An insurer offering health insurance may
not use genetic information to reject, deny, limit, cancel, refuse to
renew, increase the rates of, or otherwise affect health insurance.
(b) Prohibition on Inducement.--With respect to a genetic test
conducted in accordance with subsection (c), an insurer may not use
such a genetic test as an inducement for the purchase of insurance.
(c) Permissibility of Tests.--If an insurer requests that an
applicant for insurance (other than an applicant for health insurance)
take a genetic test in connection with an application for insurance,
the use of the results of such test shall be disclosed to the applicant
and the insurer shall obtain the specific written authorization of the
applicant for such disclosure.
(d) Application.--This section shall apply only to insurance
policies issued on or after the date of enactment of this Act, and to
the renewal of policies issued before, on, or after such date of
enactment.
SEC. 7. FURTHER RECOMMENDATION BY THE NATIONAL BIOETHICS ADVISORY
COMMISSION.
Not later than 1 year after the date of the enactment of this Act,
the National Bioethics Advisory Commission shall prepare and submit to
the appropriate committees of Congress a report containing
recommendations on--
(1) the development and implementation of standards to
provide increased protection for the collection, storage, and
use of identifiable DNA samples and genetic information
obtained from those samples; and
(2) the development and implementation of appropriate
standards for the acquisition and retention of genetic
information in all settings, including appropriate exceptions. | Genetic Privacy and Nondiscrimination Act of 1997 - Establishes limitations regarding genetic information disclosure and use.
Prohibits disclosure about an individual unless specifically authorized by the individual, or the individual's representative, through a written authorization that includes certain elements.
Specifies the circumstances in which disclosure is allowed.
(Sec. 5) Prohibits employment discrimination on the basis of genetic tests. Provides for enforcement through the same powers, procedures, and remedies as are provided under specified provisions of the Civil Rights Act of 1964.
(Sec. 6) Prohibits health insurance discrimination on the basis of genetic tests. Requires, if an insurer requests that an insurance applicant (other than a health insurance applicant) take a genetic test, that: (1) the use of the results of such test be disclosed to the applicant; and (2) the insurer obtain the applicant's specific written authorization for such disclosure. Prohibits an insurer from using such a genetic test as an inducement for the purchase of insurance.
(Sec. 7) Directs the National Bioethics Advisory Commission to report to congressional committees its recommendations on appropriate standards: (1) to provide increased protection for the collection, storage, and use of identifiable DNA samples and genetic information obtained from those samples; and (2) for the acquisition and retention of genetic information in all settings, including appropriate exceptions. | Genetic Privacy and Nondiscrimination Act of 1997 |
988 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Financial Empowerment Act of
2010''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The proportion of the population of the United States
age 60 years or older is predicted to drastically increase in
the next 30 years as more than 76,000,000 Baby Boomers approach
retirement and old age.
(2) It is estimated that between 500,000 and 5,000,000
seniors in the United States are abused, neglected, or
exploited each year.
(3) Abuse, neglect, and exploitation of seniors crosses
racial, social class, gender, and geographic lines.
(4) Each year millions of individuals in the United States
are victims of financial exploitation, including mail,
telemarketing, and Internet fraud. Many of those who fall prey
to such exploitation are seniors.
(5) It is difficult to estimate the prevalence of fraud
that targets seniors because cases are severely underreported
and national statistics on senior fraud do not exist.
(6) The Federal Bureau of Investigation notes that seniors
in the United States are less likely to report fraud because
they do not know to whom to report, they are ashamed to have
been a victim of fraud, or they do not know that they have been
a victim of fraud. In some cases, a senior who has been a
victim of fraud may not report the crime because he or she is
concerned that relatives may conclude that the senior no longer
has the mental capacity to take care of his or her own
financial affairs.
(7) According to a 2009 report by the MetLife Mature Market
Institute, the annual financial loss by victims of senior
financial abuse is estimated to be at least $2,600,000,000.
(8) Perpetrators of mail, telemarketing, and Internet fraud
frequently target seniors because seniors are often vulnerable
and trusting people.
(9) As victims of such fraudulent schemes, many seniors pay
a financial cost, having been robbed of their hard-earned life
savings, and frequently pay an emotional cost, losing their
self-respect and dignity.
(10) Perpetrators of fraud targeting seniors often operate
outside the United States, reaching their victims through the
mail, telephone lines, and the Internet.
(11) The Deceptive Mail Prevention and Enforcement Act
increased the power of the United States Postal Service to
protect consumers against persons who use deceptive mailings,
such as those featuring games of chance, sweepstakes, skill
contests, and facsimile checks.
(12) During fiscal year 2007, Postal Inspection Service
analysts prepared more than 27,000 letters and informative
postcards in response to mail fraud complaints. During that
same year, postal inspectors investigated 2,909 mail fraud
cases in the United States and arrested 1,236 mail fraud
suspects, of whom 1,118 were convicted. Postal inspectors also
reported 162 telemarketing fraud investigations, with 83
arrests and 61 convictions resulting from such investigations.
(13) In 2000, the United States Senate Special Committee on
Aging reported that consumers lose approximately
$40,000,000,000 each year to telemarketing fraud, and estimated
that approximately 10 percent of the Nation's 14,000
telemarketing firms were fraudulent. Some researchers estimate
that only one in 10,000 fraud victims reports the crime to the
authorities.
(14) A 2003 report by AARP found that, though the crime of
telemarketing fraud is grossly underreported among seniors who
have been victims of such fraud, seniors who are properly
counseled by trained peer volunteers are less likely to fall
victim to fraudulent practices.
(15) The Federal Bureau of Investigation reports that the
threat of fraud to seniors is growing and changing. This is
largely due to the fact that many younger Baby Boomers have
considerable computer skills and criminals have responded by
targeting seniors through online scams like phishing and email
spamming, in addition to traditional telephone calls and mass
mailings.
(16) The Internet Crime Complaint Center (hereinafter
referred to in this paragraph as ``IC3'') is a partnership
between the National White Collar Crime Center and the Federal
Bureau of Investigation that serves as a vehicle to receive,
develop, and refer criminal complaints regarding cybercrime.
The IC3 processed more than 219,553 complaints of Internet
crime in 2007. From these submissions, the IC3 referred 90,008
complaints of Internet crime, representing a total dollar loss
of $239,090,000, to Federal, State, and local law enforcement
agencies in the United States for further consideration.
(17) Consumer awareness is the best protection from fraud.
SEC. 3. CENTRALIZED SERVICE FOR CONSUMER EDUCATION ON MAIL,
TELEMARKETING, AND INTERNET FRAUD TARGETING SENIORS.
(a) Centralized Service.--
(1) Requirement.--The Federal Trade Commission, after
consultation with the Attorney General, the Secretary of Health
and Human Services, the Postmaster General, the Chief Postal
Inspector for the United States Postal Inspection Service, and
the Director of the Bureau of Consumer Financial Protection,
shall--
(A) periodically disseminate to seniors, and
families and caregivers of seniors, general information
on mail, telemarketing, and Internet fraud targeting
seniors, including descriptions of the most common
fraud schemes;
(B) periodically disseminate to seniors, and
families and caregivers of seniors, information on
methods available to report fraud targeting seniors,
such as--
(i) referring complaints to law enforcement
agencies, including the Director of the Federal
Bureau of Investigation and State attorneys
general; and
(ii) calling a national toll-free telephone
number established by the Federal Trade
Commission for reporting mail, telemarketing,
and Internet fraud;
(C) in response to a specific request by a party to
the Federal Trade Commission inquiring about any
history of fraud committed by a particular entity or
individual, provide to such party any publically
available information on any record of law enforcement
action for fraud against such entity or individual--
(i) by the Federal Trade Commission; and
(ii) by any other agency that reports such
actions to the Federal Trade Commission; and
(D) maintain a website to serve as a resource for
information for seniors, and families and caregivers of
seniors, regarding mail, telemarketing, and Internet
fraud targeting seniors.
(2) Procedures and commencement.--The Federal Trade
Commission shall establish and implement procedures to carry
out the requirements of paragraph (1), including procedures--
(A) with respect to the frequency and mode of
dissemination of information under subparagraphs (A)
and (B) of such paragraph; and
(B) that provide for the implementation of the
requirements of such paragraph not later than one year
after the date of the enactment of this Act.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of the
fiscal years 2011 through 2015.
SEC. 4. GRANTS TO PREVENT MAIL, TELEMARKETING, AND INTERNET FRAUD.
(a) Grant Program Authorized.--Subject to the availability of funds
authorized to be appropriated under this section, the Attorney General,
after consultation with the Secretary of Health and Human Services, the
Postmaster General, the Chief Postal Inspector for the United States
Postal Inspection Service, and the Director of the Bureau of Consumer
Financial Protection, shall establish and administer a competitive
grant program to award grants to eligible organizations to carry out
mail, telemarketing, and Internet fraud prevention education programs
for seniors.
(b) Eligible Organizations.--The Attorney General may award grants
under this section to State Attorneys General, State and local law
enforcement agencies and groups, senior centers, and other local
nonprofit organizations that provide assistance to seniors, as
determined by the Attorney General.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of the
fiscal years 2011 through 2015.
SEC. 5. SENSE OF THE CONGRESS RELATED TO NATIONAL SENIOR FRAUD
AWARENESS WEEK.
It is the sense of the Congress that--
(1) there is a need to increase public awareness of the
enormous impact that mail, telemarketing, and Internet fraud
have on senior citizens in the United States;
(2) a week in the month of May should be designated as
``National Senior Fraud Awareness Week'';
(3) the people of the United States should observe National
Senior Fraud Awareness Week with appropriate educational
activities; and
(4) the President is encouraged to issue a proclamation
supporting increased public awareness of the impact of, and the
need to prevent, fraud committed against seniors.
Passed the House of Representatives July 29, 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | Senior Financial Empowerment Act of 2010 - Requires the Federal Trade Commission (FTC): (1) to disseminate to seniors and their caregivers information on mail, telemarketing, and Internet fraud targeting seniors; (2) in response to a request about fraud committed by a particular entity or individual, to provide to the requester publicly available information on any record of civil or criminal law enforcement action against such individual or entity for fraud; and (3) to maintain a website as an information resource for seniors and their caregivers regarding Internet fraud. Authorizes FY2011-FY2015 appropriations.
Directs the Attorney General to establish a grant program for mail, telemarketing, and Internet fraud prevention education programs for senior citizens. Makes such grants available to state and local law enforcement agencies, senior centers, and local nonprofit organizations that provide assistance to seniors. Authorizes FY2011-FY2015 appropriations.
Expresses the sense of Congress: (1) with respect to public awareness of the impact of such fraud on senior citizens; and (2) that a week in May should be designated as National Senior Fraud Awareness Week. | To prevent mail, telemarketing, and Internet fraud targeting seniors in the United States, to promote efforts to increase public awareness of the enormous impact that mail, telemarketing, and Internet fraud have on seniors, to educate the public, seniors, their families, and their caregivers about how to identify and combat fraudulent activity, and for other purposes. |
989 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Trails System Willing
Seller Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In spite of commendable efforts by State and local
governments and private volunteer trail groups to develop,
operate, and maintain the national scenic and national historic
trails designated by Act of Congress in section 5(a) of the
National Trails System Act (16 U.S.C. 1244(a)), the rate of
progress towards developing and completing the trails is slower
than anticipated.
(2) Nine of the twelve national scenic and historic trails
designated between 1978 and 1986 are subject to restrictions
totally excluding Federal authority for land acquisition
outside the exterior boundaries of any federally administered
area.
(3) To complete these nine trails as intended by Congress,
acquisition authority to secure necessary rights-of-way and
historic sites and segments, limited to acquisition from
willing sellers only, and specifically excluding the use of
condemnation, should be extended to the Secretary of the
Federal department administering these trails.
SEC. 3. SENSE OF THE CONGRESS REGARDING MULTIJURISDICTIONAL AUTHORITY
OVER THE NATIONAL TRAILS SYSTEM.
It is the sense of the Congress that in order to address the
problems involving multijurisdictional authority over the National
Trails System, the Secretary of the Federal department with
jurisdiction over a national scenic or historic trail should--
(1) cooperate with appropriate officials of each State and
political subdivisions of each State in which the trail is
located and private persons with an interest in the trail to
pursue the development of the trail; and
(2) be granted sufficient authority to purchase lands and
interests in lands from willing sellers that are critical to
the completion of the trail.
SEC. 4. AUTHORITY TO ACQUIRE LANDS FROM WILLING SELLERS FOR CERTAIN
TRAILS OF THE NATIONAL TRAILS SYSTEM ACT.
(a) Intent.--It is the intent of Congress that lands and interests
in lands for the nine components of the National Trails System affected
by the amendments made by subsection (b) shall only be acquired by the
Federal Government from willing sellers.
(b) Limited Acquisition Authority.--
(1) Oregon national historic trail.--Paragraph (3) of
section 5(a) of the National Trails System Act (16 U.S.C.
1244(a)) is amended by adding at the end the following new
sentence: ``No lands or interests therein outside the exterior
boundaries of any federally administered area may be acquired
by the Federal Government for the trail except with the consent
of the owner thereof.''.
(2) Mormon pioneer national historic trail.--Paragraph (4)
of such section is amended by adding at the end the following
new sentence: ``No lands or interests therein outside the
exterior boundaries of any federally administered area may be
acquired by the Federal Government for the trail except with
the consent of the owner thereof.''.
(3) Continental divide national scenic trail.--Paragraph
(5) of such section is amended by adding at the end the
following new sentence: ``No lands or interests therein outside
the exterior boundaries of any federally administered area may
be acquired by the Federal Government for the trail except with
the consent of the owner thereof.''.
(4) Lewis and clark national historic trail.--Paragraph (6)
of such section is amended by adding at the end the following
new sentence: ``No lands or interests therein outside the
exterior boundaries of any federally administered area may be
acquired by the Federal Government for the trail except with
the consent of the owner thereof.''.
(5) Iditarod national historic trail.--Paragraph (7) of
such section is amended by adding at the end the following new
sentence: ``No lands or interests therein outside the exterior
boundaries of any federally administered area may be acquired
by the Federal Government for the trail except with the consent
of the owner thereof.''.
(6) North country national scenic trail.--Paragraph (8) of
such section is amended by adding at the end the following new
sentence: ``No lands or interests therein outside the exterior
boundaries of any federally administered area may be acquired
by the Federal Government for the trail except with the consent
of the owner thereof.''.
(7) Ice age national scenic trail.--Paragraph (10) of such
section is amended by adding at the end the following new
sentence: ``No lands or interests therein outside the exterior
boundaries of any federally administered area may be acquired
by the Federal Government for the trail except with the consent
of the owner thereof.''.
(8) Potomac heritage national scenic trail.--Paragraph (11)
of such section is amended in the fourth sentence by inserting
before the period the following: ``except with the consent of
the owner thereof.''.
(9) Nez perce national historic trail.--Paragraph (14) of
such section is amended in the fourth sentence by inserting
before the period the following: ``except with the consent of
the owner thereof.''.
(c) Protection for Willing Sellers.--Section 7 of the National
Trails System Act (16 U.S.C. 1246) is amended by adding at the end the
following new subsection:
``(l) Protection for Willing Sellers.--If the Federal Government
fails to make payment in accordance with a contract for the sale of
land or an interest in land for one of the national scenic or historic
trails designated by section 5(a), the seller may utilize any of the
remedies available to the seller under all applicable law, including
electing to void the sale.''.
(d) Conforming Amendment.--Section 10(c) of the National Trails
System Act (16 U.S.C. 1249(c)) is amended--
(1) by striking paragraph (1); and
(2) by striking ``(2) Except'' and inserting ``Except''.
Passed the House of Representatives March 13, 2001.
Attest:
JEFF TRANDAHL,
Clerk. | National Trails System Willing Seller Act - Expresses the sense of Congress that, in order to address problems involving multijurisdictional authority over the National Trails System, the Secretary of the Federal department with jurisdiction over a national scenic or historic trail should: (1) cooperate with appropriate State and local officials and private persons to pursue the trail's development; and (2) be granted sufficient authority to purchase from willing sellers lands and interests in lands critical to trail completion.Provides for Federal acquisition of lands from willing sellers for specified System trails. Amends the National Trails System Act to provide protection for such willing sellers. | To amend the National Trails System Act to clarify Federal authority relating to land acquisition from willing sellers for the majority of the trails in the System, and for other purposes. |
990 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Obstetrician and
Gynecologist Access Now Act''.
SEC. 2. WOMEN'S ACCESS TO OBSTETRICAL AND GYNECOLOGICAL SERVICES.
(a) Group Health Plans.--
(1) Public health service act amendments.--(A) Subpart 2 of
part A of title XXVII of the Public Health Service Act is
amended by adding at the end the following new section:
``SEC. 2707. STANDARD RELATING TO WOMEN'S ACCESS TO OBSTETRICAL AND
GYNECOLOGICAL SERVICES.
``(a) Direct Access Required.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage,
shall allow a participant or beneficiary the option to seek
obstetrical and gynecological physician services directly
from a participating obstetrician and gynecologist or directly from a
participating family practice physician and surgeon designated by the
plan or issuer as providing obstetrical and gynecological services. A
group health plan or health insurance issuer, in connection with the
offering of group health insurance coverage, shall not require a
participant or beneficiary to obtain prior approval from another
physician, another provider, the plan or issuer, or any other person
prior to obtaining direct access to obstetrical and gynecological
physician services.
``(2) Construction.--Paragraph (1) shall not be construed
as preventing a plan or issuer--
``(A) from establishing reasonable requirements for
the participating obstetrician and gynecologist or
family practice physician and surgeon to communicate
with the participant's or beneficiary's primary care
physician and surgeon regarding the participant's or
beneficiary's condition, treatment, and any need for
followup care; or
``(B) from establishing reasonable provisions
governing utilization protocols and the use of
obstetricians and gynecologists, or family practice
physicians and surgeons, participating in the plan or
issuer network, medical group, or independent practice
association, so long as these provisions--
``(i) are consistent with the intent of
such paragraph;
``(ii) are those customarily applied to
other physicians and surgeons, such as primary
care physicians and surgeons, to whom the
participant or beneficiary has direct access;
and
``(iii) are not to be more restrictive for
the provision of obstetrical and gynecological
physician services.
``(b) Notice.--A group health plan under this part shall comply
with the notice requirement under section 714(b) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.''.
(2) ERISA amendments.--(A) Subpart B of part 7 of subtitle
B of title I of the Employee Retirement Income Security Act of
1974 is amended by adding at the end the following new section:
``SEC. 714. STANDARD RELATING TO WOMEN'S ACCESS TO OBSTETRICAL AND
GYNECOLOGICAL SERVICES.
``(a) Direct Access Required.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage,
shall allow a participant or beneficiary the option to seek
obstetrical and gynecological physician services directly from
a participating obstetrician and gynecologist or directly from
a participating family practice physician and surgeon
designated by the plan or issuer as providing obstetrical and
gynecological services. A group health plan or health insurance
issuer, in connection with the offering of group health
insurance coverage, shall not require a participant or
beneficiary to obtain prior approval from another physician,
another provider, the plan or issuer, or any other person prior
to obtaining direct access to obstetrical and gynecological
physician services.
``(2) Construction.--Paragraph (1) shall not be construed
as preventing a plan or issuer--
``(A) from establishing reasonable requirements for
the participating obstetrician and gynecologist or
family practice physician and surgeon to communicate
with the participant's or beneficiary's primary care
physician and surgeon regarding the participant's or
beneficiary's condition, treatment, and any need for
followup care; or
``(B) from establishing reasonable provisions
governing utilization protocols and the use of
obstetricians and gynecologists, or family practice
physicians and surgeons, participating in the plan or
issuer network, medical group, or independent practice
association, so long as these provisions--
``(i) are consistent with the intent of
such paragraph;
``(ii) are those customarily applied to
other physicians and surgeons, such as primary
care physicians and surgeons, to whom the
participant or beneficiary has direct access;
and
``(iii) are not to be more restrictive for
the provision of obstetrical and gynecological
physician services.
``(b) Notice Under Group Health Plan.--The imposition of the
requirement of this section shall be treated as a material modification
in the terms of the plan described in section 102(a)(1), for purposes
of assuring notice of such requirements under the plan; except that the
summary description required to be provided under the last sentence of
section 104(b)(1) with respect to such modification shall be provided
by not later than 60 days after the first day of the first plan year in
which such requirement apply.''.
(B) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(C) The table of contents in section 1 of such Act is
amended by inserting after the item relating to section 713 the
following new item:
``Sec. 714. Standard relating to women's access to obstetrical and
gynecological services.''.
(3) Internal revenue code amendments.--
(A) In general.--Subchapter B of chapter 100 of the
Internal Revenue Code of 1986 is amended--
(i) in the table of sections, by inserting
after the item relating to section 9812 the
following new item:
``Sec. 9813. Standard relating to women's
access to obstetrical and
gynecological services.''; and
(ii) by inserting after section 9812 the
following:
``SEC. 9813. STANDARD RELATING TO WOMEN'S ACCESS TO OBSTETRICAL AND
GYNECOLOGICAL SERVICES.
``(a) Direct Access Required.--A group health plan, and a health
insurance issuer offering group health insurance coverage, shall allow
a participant or beneficiary the option to seek obstetrical and
gynecological physician services directly from a participating
obstetrician and gynecologist or directly from a participating family
practice physician and surgeon designated by the plan or issuer as
providing obstetrical and gynecological services. A group health plan
or health insurance issuer, in connection with the offering of group
health insurance coverage, shall not require a participant or
beneficiary to obtain prior approval from another physician, another
provider, the plan or issuer, or any other person prior to obtaining
direct access to obstetrical and gynecological physician services.
``(b) Construction.--Subsection (a) shall not be construed as
preventing a plan or issuer--
``(1) from establishing reasonable requirements for the
participating obstetrician and gynecologist or family practice
physician and surgeon to communicate with the participant's or
beneficiary's primary care physician and surgeon regarding the
participant's or beneficiary's condition, treatment, and any
need for followup care; or
``(2) from establishing reasonable provisions governing
utilization protocols and the use of obstetricians and
gynecologists, or family practice physicians and surgeons,
participating in the plan or issuer network, medical group, or
independent practice association, so long as these provisions--
``(A) are consistent with the intent of such
subsection;
``(B) are those customarily applied to other
physicians and surgeons, such as primary care
physicians and surgeons, to whom the participant or
beneficiary has direct access; and
``(C) are not to be more restrictive for the
provision of obstetrical and gynecological physician
services.
(B) Conforming amendment.--Section 4980D(d)(1) of
such Code is amended by striking ``section 9811'' and
inserting ``sections 9811 and 9813''.
(b) Individual Health Insurance.--Part B of title XXVII of the
Public Health Service Act is amended by inserting after section 2752
the following new section:
``SEC. 2753. STANDARD RELATING TO WOMEN'S ACCESS TO OBSTETRICAL AND
GYNECOLOGICAL SERVICES.
``(a) In General.--The provisions of section 2707(a) shall apply to
health insurance coverage offered by a health insurance issuer in the
individual market in the same manner as they apply to health insurance
coverage offered by a health insurance issuer in connection with a
group health plan in the small or large group market.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 714(b) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.''.
(c) Effective Dates.--
(1) Group health plans and group health insurance
coverage.--Subject to paragraph (3), the amendments made by
subsection (a) apply with respect to group health plans for
plan years beginning more than 180 days after the date of the
enactment of this Act.
(2) Individual health insurance coverage.--The amendment
made by subsection (b) applies with respect to health insurance
coverage offered, sold, issued, renewed, in effect, or operated
in the individual market on or after such date.
(3) Collective bargaining exception.--In the case of a
group health plan maintained pursuant to 1 or more collective
bargaining agreements between employee representatives and 1 or
more employers ratified before the date of enactment of this
Act, the amendments made subsection (a) shall not apply to plan
years beginning before the later of--
(A) the date on which the last collective
bargaining agreements relating to the plan terminates
(determined without regard to any extension thereof
agreed to after the date of enactment of this Act), or
(B) the date that is 180 days after the date of the
enactment of this Act.
For purposes of subparagraph (A), any plan amendment made
pursuant to a collective bargaining agreement relating to the
plan which amends the plan solely to conform to any requirement
added by subsection (a) shall not be treated as a termination
of such collective bargaining agreement.
(d) Coordination of Administration.--The Secretary of Labor, the
Secretary of the Treasury, and the Secretary of Health and Human
Services shall ensure, through the execution of an interagency
memorandum of understanding among such Secretaries, that--
(1) regulations, rulings, and interpretations issued by
such Secretaries relating to the same matter over which two or
more such Secretaries have responsibility under the provisions
of this Act (and the amendments made thereby) are administered
so as to have the same effect at all times; and
(2) coordination of policies relating to enforcing the same
requirements through such Secretaries in order to have a
coordinated enforcement strategy that avoids duplication of
enforcement efforts and assigns priorities in enforcement. | Women's Obstetrician and Gynecologist Access Now Act - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code to require that group and individual health insurance coverage and group health plans permit enrollees direct access to services of obstetrical and gynecological physician services directly and without a referral.States that a plan or issuer shall not be prohibited from establishing: (1) reasonable requirements for a participating obstetrician and gynecologist or family practice physician and surgeon to communicate with the participant's or beneficiary's primary care physician and surgeon regarding the participant's or beneficiary's condition and treatment; or (2) reasonable provisions governing utilization protocols and the use of obstetricians and gynecologists, or family practice physicians and surgeons, participating in the plan or issuer network. | To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to require that group and individual health insurance coverage and group health plans permit enrollees direct access to services of obstetrical and gynecological physician services directly and without a referral. |
991 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Attorney-Client Privilege Protection
Act of 2009''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Justice is served when all parties to litigation are
represented by experienced diligent counsel.
(2) Protecting attorney-client privileged communications
from compelled disclosure fosters voluntary compliance with the
law.
(3) To serve the purpose of the attorney-client privilege,
attorneys and clients must have a degree of confidence that
they will not be required to disclose privileged
communications.
(4) The ability of an organization to have effective
compliance programs and to conduct comprehensive internal
investigations is enhanced when there is clarity and
consistency regarding the attorney-client privilege.
(5) Prosecutors, investigators, enforcement officials, and
other officers or employees of Government agencies have been
able to, and can continue to, conduct their work while
respecting attorney-client and work product protections and the
rights of individuals, including seeking and discovering facts
crucial to the investigation and prosecution of organizations.
(6) Congress recognized that law enforcement can
effectively investigate without attorney-client privileged
information when it banned demands by the Attorney General for
privileged materials in the Racketeer Influenced and Corrupt
Organizations Act. See section 1968(c)(2) of title 18, United
States Code.
(7) Despite the existence of numerous investigative tools
that do not impact the attorney-client relationship, the
Department of Justice and other agencies have increasingly
created and implemented policies that tend to undermine the
adversarial system of justice, such as encouraging
organizations to waive attorney-client privilege and work
product protections to avoid indictment or other sanctions.
(8) An indictment can have devastating consequences on an
organization, potentially eliminating the ability of the
organization to survive post-indictment or to dispute the
charges against it at trial.
(9) Waiver demands and related policies of Government
agencies are encroaching on the constitutional rights and other
legal protections of employees.
(10) As recognized throughout the common law, and
specifically in the crime-fraud exception, the attorney-client
privilege, work product doctrine, and payment of counsel fees
cannot and shall not be used as devices to conceal wrongdoing
or to cloak advice on evading the law.
(b) Purpose.--It is the purpose of this Act to place on each agency
clear and practical limits designed to preserve the attorney-client
privilege and work product protections available to an organization and
preserve the constitutional rights and other legal protections
available to employees of such an organization.
SEC. 3. DISCLOSURE OF ATTORNEY-CLIENT PRIVILEGE OR ADVANCEMENT OF
COUNSEL FEES AS ELEMENTS OF COOPERATION.
(a) In General.--Chapter 201 of title 18, United States Code, is
amended by inserting after section 3013 the following:
``Sec. 3014. Preservation of fundamental legal protections and rights
in the context of investigations and enforcement matters
regarding organizations
``(a) Definitions.--In this section:
``(1) Attorney-client privilege.--The term `attorney-client
privilege' means the attorney-client privilege as governed by
the principles of the common law, as they may be interpreted by
the courts of the United States in the light of reason and
experience, and the principles of article V of the Federal
Rules of Evidence.
``(2) Attorney work product.--The term `attorney work
product' means materials prepared by or at the direction of an
attorney in anticipation of litigation, particularly any such
materials that contain a mental impression, conclusion,
opinion, or legal theory of that attorney.
``(3) Organization.--The term `organization'--
``(A) means an organization as defined in section
18 of title 18, United States Code, and any State,
local, or municipal government entity or
instrumentality; and
``(B) does not include--
``(i) a continuing criminal enterprise, as
defined in section 408 of the Controlled
Substances Act (21 U.S.C. 848);
``(ii) an entity charged under chapter 96
of title 18, United States Code; or
``(iii) a terrorist organization, as
defined in section 2339B.
``(b) Attorney-Client Privilege and Attorney Work Product.--
``(1) In general.--In any Federal investigation or criminal
or civil enforcement matter, including any form of
administrative proceeding or adjudication, an agent or attorney
of the United States shall not--
``(A) demand or request that an organization, or a
current or former employee, officer, director, or agent
of such organization, waive the protections of the
attorney-client privilege or the attorney work product
doctrine;
``(B) offer to reward or actually reward an
organization, or current or former employee, officer,
director, or agent of such organization, for waiving
the protections of the attorney-client privilege or the
attorney work product doctrine; or
``(C) threaten adverse treatment or penalize an
organization, or current or former employee, officer,
director, or agent of such organization, for declining
to waive the protections of the attorney-client
privilege or the attorney work product doctrine.
``(2) Charging decisions.--
``(A) In general.--In any Federal investigation or
criminal or civil enforcement matter, including any
form of administrative proceeding or adjudication, an
agent or attorney of the United States shall not
consider any conduct described in subparagraph (B) in--
``(i) making a civil or criminal charging
or enforcement decision relating to an
organization, or a current or former employee,
officer, director, or agent of such
organization; or
``(ii) determining whether an organization,
or a current or former employee, officer,
director, or agent of such organization, is
cooperating with the Government.
``(B) Conduct.--The conduct described in this
subparagraph is--
``(i) the good faith assertion of the
protection of the attorney-client privilege or
attorney work product doctrine;
``(ii) the provision of counsel to, or
contribution to the legal defense fees or
expenses of, a current or former employee,
officer, director, or agent of an organization;
``(iii) the good faith entry into, or
existence of, a bona fide joint defense,
information sharing, or common interest
agreement between an organization and a current
or former employee, officer, director, or agent
of such organization, or among its current or
former employees, officers, directors, or
agents;
``(iv) except as provided in subsection
(f), the sharing of relevant information in
anticipation of or in response to an
investigation or enforcement matter between an
organization and a current or former employee,
officer, director, or agent of such
organization, or among its current or former
employees, officers, directors, or agents; or
``(v) the failure to terminate the
employment or affiliation of or otherwise
sanction any employee, officer, director, or
agent of that organization because of the
decision by that employee, officer, director,
or agent to exercise personal constitutional
rights or other legal protections in response
to a Government request.
``(3) Demands and requests.--In any Federal investigation
or criminal or civil enforcement matter, including any form of
administrative proceeding or adjudication, an agent or attorney
of the United States shall not demand or request an
organization, or a current or former employee, officer,
director, or agent of such organization, to refrain from the
conduct described in paragraph (2)(B).
``(c) Inapplicability.--Nothing in this section shall be construed
to prohibit an agent or attorney of the United States from requesting
or seeking any communication or material that--
``(1) the agent or attorney would not reasonably know is
subject to a claim of attorney-client privilege or attorney
work product; or
``(2) the agent or attorney reasonably believes is not
entitled to protection under the attorney-client privilege or
attorney work product doctrine.
``(d) Voluntary Disclosures.--
``(1) In general.--Nothing in this section may be construed
to prohibit an organization from making, or an agent or
attorney of the United States from accepting, a voluntary and
unsolicited offer to waive the protections of the attorney-
client privilege or attorney work product doctrine.
``(2) Consideration in charging decisions.--An agent or
attorney of the United States shall not consider the privileged
or otherwise protected nature of the material voluntarily
provided in conformance with the terms of paragraph (1), or any
material redacted therefrom, in--
``(A) making a civil or criminal charging or
enforcement decision relating to an organization, or a
current or former employee, officer, director, or agent
of such organization; or
``(B) determining whether an organization, or a
current or former employee, officer, director, or agent
of such organization, is cooperating with the
Government.
``(3) Other consideration.--Subject to the limitations
under subsection (b), an agent or attorney of the United States
may consider a voluntary disclosure described in paragraph (1)
for any other purpose that is otherwise lawful.
``(e) Not To Affect Examination or Inspection Access Otherwise
Permitted.--This section does not affect any other Federal statute that
authorizes, in the course of an examination or inspection, an agent or
attorney of the United States to require or compel the production of
attorney-client privileged material or attorney work product.
``(f) Charging Decisions Not To Include Decisions To Charge Under
Independent Prohibitions.--Subsection (b)(2) shall not be construed to
prohibit charging an organization, or a current or former employee,
officer, director, or agent of such organization, for conduct described
in clause (ii), (iii), or (iv) of subparagraph (B) of that subsection
under a Federal law which makes that conduct in itself an offense.''.
(b) Conforming Amendment.--The table of sections for chapter 201 of
title 18, United States Code, is amended by adding at the end the
following:
``3014. Preservation of fundamental legal protections and rights in the
context of investigations and enforcement
matters regarding organizations.''. | Attorney-Client Privilege Protection Act of 2009 - Amends the federal criminal code to prohibit any U.S. agent or attorney, in any federal investigation or criminal or civil enforcement matter, including any form of administrative proceeding or adjudication, from: (1) demanding or requesting that an organization, or a current or former employee, officer, director, or agent of such organization, waive the protections of the attorney-client privilege or attorney work product doctrine; (2) offering to reward or actually rewarding an organization, or current or former employee, officer, director, or agent, for waiving such protections; or (3) threatening adverse treatment or penalizing an organization, or current or former employee, officer, director, or agent, for declining to waive those protections.
Prohibits a U.S. agent or attorney in any federal investigation or criminal or civil enforcement matter, including any form of administrative proceeding or adjudication, from considering specified conduct in: (1) making a civil or criminal charging or enforcement decision relating to an organization, or one of its current or former employees or agents; or (2) determining whether an organization, or a current or former employee, officer, director, or agent, is cooperating with the government.
Numbers among the actions a U.S. agent or attorney may not use as a charging decision condition or a cooperation-determining factor: (1) any valid assertion of the protection of the attorney-client privilege or attorney work product doctrine; (2) the provision of counsel to, or contribution to the legal defense fees or expenses of, a current or former employee, officer, director, or agent of an organization; (3) entry into, or existence of, a valid joint-defense, information-sharing, or common-interest agreement between an organization and a current or former employee or officer or director or agent, or among its current or former employees; (4) the sharing of relevant information in anticipation of or in response to an investigation or enforcement matter between an organization and a current or former employee or officer or director or agent, or among its current or former employees, unless shuch sharing is itself an offense; or (5) the failure to terminate the employment or affiliation of or otherwise sanction any employee, officer, director, or agent of the organization because of the employee's, officer's, director's, or agent's decision to exercise personal constitutional rights or other legal protections in response to a government request.
Prohibits a U.S. agent or attorney from demanding or requesting that an organization or an affiliated person not take any such action. | A bill to provide appropriate protection to attorney-client privileged communications and attorney work product. |
992 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Government Interstate Waste
Control Act''.
SEC. 2. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID
WASTE.
(a) In General.--Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) is amended by adding at the end the following new
section:
``SEC. 4011. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID
WASTE.
``(a) Restriction on Receipt of Out-Of-State Waste.--
``(1) In general.--
``(A) Authorization.--Subject to subsections (b)
and (e), the owner or operator of a facility that is a
landfill or incinerator in a State may not receive for
disposal or incineration any out-of-State municipal
solid waste unless the owner or operator obtains
authorization to receive the waste from the affected
local government.
``(B) Requirements for authorization.--An
authorization granted pursuant to subparagraph (A)
shall be--
``(i) granted by formal action at a
meeting;
``(ii) recorded in writing in the official
record of the meeting; and
``(iii) final.
``(2) Information.--Prior to taking formal action with
respect to granting authorization to receive out-of-State
municipal solid waste pursuant to this subsection, an affected
local government shall require the owner or operator of the
facility seeking the authorization to provide the following
information (which the government shall make readily available
to the Governor of the State, each adjoining local government
and Indian tribe, and any other interested person for
inspection and copying):
``(A) A brief description of the facility,
including the size of, ultimate waste capacity of, and
the anticipated monthly and yearly quantities
(expressed in terms of volume) of waste to be handled
by--
``(i) the facility as in existence on the
date of provision of the information; and
``(ii) the facility, including any planned
expansion.
``(B) A map of the facility site indicating
location in relation to the local road system and
topography and hydrogeological features. The map shall
indicate any buffer zones to be acquired by the owner
or operator as well as all facility units.
``(C) A description of the environmental
characteristics of the site, as in existence on the
date of provision of the information, including
information regarding ground water resources, and a
discussion of alterations in the characteristics of the
site that may be necessitated by, or occur as a result
of, the facility.
``(D) A description of appropriate environmental
controls to be used on the site, including runon or
runoff management (or both), air pollution control
devices, source separation procedures (if any), methane
monitoring and control, landfill covers, liners or
leachate collection systems, and monitoring programs.
In addition, the description shall include a
description of any waste residuals generated by the
facility, including leachate or ash, and the planned
management of the residuals.
``(E) A description of site access controls to be
employed, and roadway improvements to be made, by the
owner or operator, and an estimate of the timing and
extent of increased local truck traffic.
``(F) A list of all required Federal, State, and
local permits.
``(G) Estimates of the personnel requirements of
the facility, including information regarding the
probable skill and education levels required for jobs
at the facility. To the extent practicable, the
information shall distinguish between employment
statistics for skill and education levels required
prior to operation of the facility, and the statistics
for the levels required on or after the first day of
operation of the facility.
``(H) Any information that is required by State law
to be provided with respect to any violation of
environmental laws (including regulations) by the
owner, the operator, and any subsidiary of the owner or
operator, the disposition of enforcement proceedings
taken with respect to the violation, and corrective
action and rehabilitation measures taken as a result of
the proceedings.
``(I) Any information that is required by State law
to be provided with respect to gifts and contributions
made by the owner and operator.
``(J) Any information that is required by State law
to be provided by the owner or operator with respect to
compliance by the owner or operator with the State
solid waste management plan in effect pursuant to
section 4007.
``(3) Notification prior to formal action.--Prior to taking
formal action with respect to granting authorization to receive
out-of-State municipal solid waste pursuant to this subsection,
an affected local government shall--
``(A) notify the Governor, adjoining local
governments, and any adjoining Indian tribes, of the
proposed action;
``(B)(i) publish notice of the action in a
newspaper of general circulation at least 30 days
before holding a hearing and again at least 15 days
before holding the hearing; or
``(ii) if State law provides for an alternate form
of public notification, provide such notification
concerning the action; and
``(C) provide an opportunity for public comment on
the action, including at least 1 public hearing, in
accordance with State law.
``(4) Notification of action.--The local government shall
notify the Governor, adjoining local governments, and any
adjoining Indian tribes of an authorization granted under this
subsection.
``(b) Limitations on Applicability.--
``(1) Landfills and incinerators in operation or under
construction.--Subsection (a) shall not apply to an owner or
operator of a facility that is a landfill or incinerator with
respect to the landfill or incinerator if--
``(A)(i) during the 1-year period preceding the
date of enactment of this section, the owner or
operator received at the landfill or incinerator, in
accordance with State law (as in effect during the 1-
year period), documented shipments (within the meaning
of paragraph (2)) of out-of-State municipal solid
waste; or
``(ii) before the date of enactment of this
section, entered into a host agreement or otherwise
obtained legally binding, documented authorization from
the affected local government to accept out-of-State
municipal solid waste; and
``(B)(i) with respect to a landfill, the landfill
is in compliance with all applicable Federal and State
laws (including regulations) relating to design and
location standards, leachate collection, ground water
monitoring, and financial assurance for closure and
post-closure care and corrective action; or
``(ii) with respect to an incinerator, the
incinerator is in compliance with the applicable
requirements of section 129 of the Clean Air Act (42
U.S.C. 7429) and applicable State laws and regulations
relating to facility design.
``(2) Documentation of shipment.--For purposes of paragraph
(1)(A)(i), a shipment of municipal solid waste shall be
considered a documented shipment if the owner or operator of
the landfill or incinerator concerned provides documentation of
the shipment (including the quantity, time, and place of the
shipment) to the Governor of the State in which the landfill or
incinerator is located.
``(c) Authority of Governor To Restrict Out-of-State Municipal
Solid Waste Disposed of at Landfills.--
``(1) In general.--
``(A) Limitations on exempted landfills.--
``(i) In general.--In response to a written
request by each of an affected local government
and an affected local solid waste planning unit
(if the local solid waste planning unit exists
under State law), a Governor may limit the
quantity of out-of-State municipal solid waste
received for disposal, during a 1-year period,
at a landfill described in clause (ii) to a
quantity equal to the quantity of out-of-State
municipal solid waste received for disposal at
the landfill during the 1-year period preceding
the date of enactment of this section.
``(ii) Landfill.--The landfill referred to
in clause (i) shall be a landfill in the State,
the owner or operator of which is exempt, under
subsection (b), from the requirements of
subsection (a) on the basis of receiving
shipments as described in subsection
(b)(1)(A)(i).
``(B) Procedural requirements for request.--Prior
to submitting a request under this subsection to limit
the disposal of out-of State municipal solid waste, an
affected local government and the affected local solid
waste planning unit, if any, shall--
``(i) provide notice and an opportunity for
public comment concerning the proposed request;
and
``(ii) after providing the notice and
opportunity for public comment, take formal
action concerning the proposed request at a
public meeting.
``(2) Response by governor.--With respect to requests made
by affected local governments under paragraph (1)(A), the
Governor shall respond in a consistent manner that does not
discriminate against any--
``(A) particular landfill within the State; or
``(B) shipment of out-of-State municipal solid
waste on the basis of State of origin.
``(3) Limitation on authority of governor.--A Governor may
not exercise the authority granted under this subsection if the
action would be inconsistent with State law or would result in
the violation of or failure to perform any provision of a
written, legally binding contract for disposal of out-of-State
municipal solid waste at a landfill executed prior to the date
of enactment.
``(d) Existing Agreements.--
``(1) In general.--Nothing in this section is intended to
affect an agreement in effect on the date of enactment of this
section or other State law in effect on the date of enactment
of this section (except as expressly provided otherwise in this
section).
``(2) Availability of contracts.--The owner or operator of
a landfill or incinerator that is exempt, under subsection (b),
from the requirements of subsection (a), shall make available
for inspection by the public, in the affected local community,
a copy of each contract that the owner or operator has entered
into for the disposal of out-of-State municipal solid waste at
that landfill or incinerator. The owner or operator may redact
any proprietary information contained in such a copy of a
contract, but shall ensure that at least information relating
to the volume of out-of-State municipal solid waste to be
received, the source of the waste, and the duration of the
contract, is apparent in the copy.
``(e) Applicability.--
``(1) In general.--Except as provided in paragraph (2),
this section applies in and to each State.
``(2) Rejection of applicability.--A State may exercise the
option to become exempt from the requirements of this section
if the State--
``(A) notifies the Administrator (in a manner
prescribed by the Administrator) that the State is
exercising the option; and
``(B) in taking any appropriate action to reject
the applicability of this section, makes specific
reference to this section.
``(3) Acknowledgement of exemption.--On receipt of a
notification by a State pursuant to paragraph (2)(A), the
Administrator shall take such action as is appropriate to
acknowledge the exemption of the State from the requirements of
this section.
``(f) Definitions.--As used in this section:
``(1) Affected local government.--The term `affected local
government', used with respect to a landfill or incinerator,
means the elected officials of the city, town, borough, county,
or parish, with primary jurisdiction over the use of the land
on which the facility is located or proposed to be located.
``(2) Affected local solid waste planning unit.--The term
`affected local solid waste planning unit' means a political
subdivision of a State with authority relating to solid waste
management planning in accordance with State law.
``(3) Host agreement.--The term `host agreement' means a
written, legally binding agreement, lawfully entered into
between an owner or operator of a landfill or incinerator and
an affected local government that authorizes the landfill or
incinerator to receive municipal solid waste generated outside
the jurisdiction of the affected local government.
``(4) Municipal solid waste.--
``(A) In general.--The term `municipal solid waste'
means solid waste that is refuse (or refuse-derived
fuel) generated by the general public or from
residential, commercial, institutional, or industrial
sources and that consists of paper, wood, yard wastes,
food wastes, plastics, leather, rubber, or other
combustible materials or noncombustible materials such
as metal, glass, and rock.
``(B) Exclusions.--The term does not include--
``(i) hazardous waste or waste containing
polychlorinated biphenyls;
``(ii) industrial waste;
``(iii) medical waste;
``(iv) recyclable materials that have been
separated from waste otherwise destined for
disposal (either at the source of the waste or
at processing facilities) or that have been
managed separately from waste destined for
disposal; and
``(v) materials and products returned from
a dispenser or distributor to the manufacturer
or an agent of the manufacturer for credit,
evaluation, and possible reuse.
``(5) Out-of-state municipal solid waste.--The term `out-
of-State municipal solid waste', used with respect to a State,
means municipal solid waste generated outside of the State.
``(6) Owner or operator.--The term `owner or operator',
used with respect to a landfill or incinerator, does not
include--
``(A) a State or affected local government that
owns or operates the landfill or incinerator, if the
facility is located within the jurisdiction of the
State or the affected local government; or
``(B) a person who owns or operates a facility, if
the facility receives only waste generated by the
person.''.
(b) Table of Contents Amendment.--The table of contents of the
Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding at
the end of the items relating to subtitle D the following new item:
``Sec. 4011. Interstate transportation and disposal of municipal solid
waste.''. | Local Government Interstate Waste Control Act - Amends the Solid Waste Disposal Act to prohibit owners or operators of landfills or incinerators from receiving out-of-State municipal solid waste unless they obtain authorization from the affected local government.
Exempts from such prohibition: (1) landfills or incinerators that, during the one-year period preceding this Act's enactment date, received documented shipments of out-of-State municipal solid waste or, before this Act's enactment date, obtained authorization to accept such waste; (2) landfills in compliance with all Federal and State laws and regulations concerning design and location, leachate collection, groundwater monitoring, and financial assurance for closure and post-closure care and corrective action; or (3) incinerators in compliance with specified requirements of the Clean Air Act and State laws and regulations relating to facility design.
Permits a Governor, if requested by an affected local government and local solid waste planning unit, to limit the amount of out-of-State waste, during a one-year period, received by landfills exempted from authorization requirements as a result of receiving documented shipments of such waste during the one-year period preceding this Act's enactment date.
Requires owners or operators of landfills or incinerators exempt from this Act's requirements to make contracts entered into for the disposal of out-of-State waste available to the public for inspection.
Permits States to exercise the option to become exempt from this Act's requirements if they notify the Administrator of the Environmental Protection Agency and make specific reference to this Act in taking any appropriate action to reject this Act's applicability. | Local Government Interstate Waste Control Act |
993 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fannie Mae and Freddie Mac
Accountability and Transparency for Taxpayers Act of 2010''.
SEC. 2. QUARTERLY REPORTS DURING CONSERVATORSHIP.
(a) Reporting Requirement.--For each reporting period, the covered
officer shall submit to the Congress a report for each enterprise that
summarizes the activities of the covered officer with respect to such
enterprise, and the activities and condition of such enterprise, during
such reporting period.
(b) Contents.--Each report required under this section for an
enterprise for a reporting period shall include the following
information:
(1) A description, including dollar amount, of total
liabilities of the enterprise as of the reporting date, with a
detailed breakdown of the potential level of risk to the
Federal Government inherent in the dollar amount of each
separate type of liability and a quantification as to how the
risk to the Federal Government has changed from the previous
reporting period, distinguishing between changes attributable
to volume and changes attributable to changes in risk levels.
(2) An explanation of, including rationale for, all
compensation and bonuses paid to any executive officer (as such
term is defined in section 1303 of the Housing and Community
Development Act of 1992 (12 U.S.C. 4502)) of the enterprise,
and any retention decisions made, by the enterprise during such
period regarding its executive officers.
(3) A description of foreclosure mitigation activities of
the enterprise during such period, including any related data,
a list of law firms and attorneys approved or retained by the
enterprise for handling foreclosure and bankruptcy matters
relating to mortgages held or securitized by the enterprise,
and the eligibility criteria used for such approval or
retention and reasons for limiting such list, and the number of
mortgage loans held by the enterprise that were refinanced in
2008 and 2009 through foreclosure mitigation activities of the
enterprise that have, during such period, entered into default.
(4) A description of any mortgage fraud prevention
activities undertaken by the enterprise during such period and
data describing the extent of mortgage fraud during such
period, including descriptions of the efforts of the enterprise
to prevent or detect mortgage fraud, of the pervasiveness of
mortgage fraud, and of the most prevalent types of mortgage
fraud detected.
(5) A listing with description of any formal or informal
communication between Governors and staff of the Board of
Governors of the Federal Reserve System and executives in the
enterprise and any formal or informal communication between
officials and staff of the Department of the Treasury and the
Governors and staff of the Board of Governors of the Federal
Reserve System and executives in the enterprise regarding the
purchase or sale of any enterprise-related securities.
(6) A description of any investments, holdings, and
activities of the enterprise during such period that are not
consistent with the mission of the enterprise as provided under
Federal law.
(7) A description of the reasons for any equity investments
in the enterprise by the Department of the Treasury during such
period and any increase during such period in the authorized
amount of equity investments by such Department.
(8) An analysis of the capital levels and portfolio size of
the enterprise during such period and their impacts on the
safety and soundness of the enterprise.
(9) A description and analysis of the underwriting
standards of the enterprise applicable during such period,
including the criteria for safety and soundness of mortgage
loans for single-family, multi-family, and condominium
residential homes securitized by the enterprise and the ability
of such criteria to ensure such safety and soundness.
(10) An analysis of actions taken by the enterprise that
had a beneficial or harmful effect on holders of enterprise-
related securities, in particular, preferred stock issued prior
to September 6, 2008.
(11) Any other information that the covered officer
considers relevant or important with respect to the enterprise,
and the activities and condition of the enterprise.
(c) Reporting Periods; Timing of Reports.--
(1) Initial period.--The first reporting period for each
enterprise shall be the period that began upon the commencement
of the conservatorship period for the enterprise and that ends
upon the date of the enactment of this Act. The reports
required under this section for such period shall be submitted
not later than the expiration of the 60-day period beginning on
the date of the enactment of this Act.
(2) Quarterly periods.--After the first reporting period,
the reporting periods for each enterprise shall be each
calendar quarter that concludes after the date of the enactment
of this Act. Each report for each such reporting period shall
be submitted not later than the expiration of the 60-day period
beginning upon the conclusion of such reporting period.
(3) Receivership.--Notwithstanding paragraph (2), if at any
time a receiver is appointed for an enterprise pursuant to
section 1367 of the Housing and Community Development Act of
1992 (12 U.S.C. 4617), the reporting periods for the enterprise
during such receivership shall be each calendar month (or such
shorter period as the covered officer considers appropriate).
Each report for each such reporting period shall be submitted
not later than the expiration of the 30-day period beginning
upon the conclusion of such reporting period.
(4) Nationalization.--Notwithstanding paragraph (2), if at
any time the Federal Government or any agency or entity of the
Federal Government obtains control of an enterprise under law
or through ownership of voting stock of the enterprise, or the
covered officer determines that the enterprise has otherwise
been nationalized, the reporting periods for the enterprise
after such nationalization occurs shall be the consecutive 6-
month periods (the first such period beginning upon such
nationalization (or such shorter period as the covered officer
considers appropriate). Each report for each such reporting
period shall be submitted not later than the expiration of the
60-day period beginning upon the conclusion of such reporting
period.
(d) Public Availability.--The covered officer shall--
(1) make information regarding the activities of the
covered officer, including each report submitted to the
Congress pursuant to this section, available to the public,
including through a World Wide Web site of the Federal Housing
Finance Agency; and
(2) establish an electronic mail address and a toll-free
telephone number, and shall publicize the availability of such
address and number, by which the public may report waste,
fraud, or abuse by an enterprise.
(e) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Conservatorship period.--The term ``conservatorship
period'' means, with respect to an enterprise, the period
that--
(A) began upon appointment of the Federal Housing
Finance agency as conservator for the enterprise on
September 6, 2008, pursuant to section 1367 of the
Housing and Community Development Act of 1992 (12
U.S.C. 4617); and
(B) ends upon the termination of such
conservatorship of the enterprise.
(2) Covered officer.--The term ``covered officer'' means--
(A) the Inspector General of the Federal Housing
Finance Agency, if one has been appointed pursuant to
section 1317(d) of the Housing and Community
Development Act of 1992 (12 U.S.C. 4517);
(B) if the officer referred to in subparagraph (A)
has not been appointed, any interim inspector general
for the Federal Housing Finance Agency appointed
pursuant to any provision of law providing for such
office; or
(C) if the officer referred to in subparagraph (A)
has not been appointed and an officer referred to in
subparagraph (B) has not been appointed, the Associate
Director for Internal Audit of the Federal Housing
Finance Agency.
(3) Enterprise.--The term ``enterprise'' means the Federal
National Mortgage Association and the Federal Home Loan
Mortgage Corporation.
(4) Reporting period.--The term ``reporting period'' means
a period described in paragraph (1), (2), (3), or (4) of
subsection (c). | Fannie Mae and Freddie Mac Accountability and Transparency for Taxpayers Act of 2010 - Directs the Inspector General (IG) of the Federal Housing Finance Agency to submit quarterly reports to Congress on the IG's activities with respect to the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) and their activities and condition while they are in conservatorship status. | To require the Inspector General of the Federal Housing Finance Agency to submit quarterly reports to the Congress during the conservatorship of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. |
994 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Spacefaring Priorities for America's
Continued Exploration Act'' or the ``SPACE Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Russia is not a reliable partner.--(A) Unless Space
Shuttle operations are extended beyond 2010, the United States
will be heavily reliant on Russia to supply crew and possibly
cargo transport services to the International Space Station
during the gap period of 2010 through 2015. There will be no
other way to fly our astronauts into space during this period.
(B) The United States should not increase its reliance on
Russia to transport American astronauts into space, given the
increasingly divergent views and posturing from Russia. Russia
opposes the United States plan to base an antimissile radar
system in the Czech Republic and interceptor missiles in Poland
to deal with the threat posed by the Iranian nuclear weapons
and missile programs. Russia also suspended its participation
in the Conventional Forces in Europe (CFE) treaty, one of the
most significant arms control agreements of the Cold War years.
Additionally, Russia continues to arm some of America's most
hostile adversaries, Iran and Venezuela. Despite United States
objections, Russia sold billions of dollars worth of weapons to
the regime of Hugo Chavez in 2006. Such meddling is a possible
violation of the Monroe Doctrine and a throwback to the Cold
War era. Even more troublesome is the Russian history of
weapons trading with Iran. Russia has supplied advanced
conventional arms technology, missile technology, and nuclear
technologies to this very anti-American regime.
(2) Russia has abused past nasa cooperation agreements.--
(A) In the late 1990s, Russia fell short in fulfilling its
commitment to the International Space Station.
(B) The National Aeronautics and Space Administration (in
this Act referred to as ``NASA'') was forced to transfer
hundreds of millions of dollars to enable the Russians to
complete the critical Space Station service module Zvezda,
without which the International Space Station could not
operate.
(C) Russia delayed completion of the Zvezda service module
for several years. Under the International Space Station
agreement, the Russian government had committed to fund as well
as build the Zvezda service module. Subsequent transfers from
the United States, in order to complete the module, reflect
serious Russian mismanagement in the field of space.
(D) In 2000, while Russia was failing to meet its
commitment to the International Space Station, Russia was
diverting financial and human resources away from fulfilling
its International Space Station commitments in order to keep
the Russian's Mir Space Station aloft.
(E) Russia's past shortcomings in fulfilling commitments to
its international space partners should serve as a warning to
the United States as we consider increased reliance on Russian
space services in the future. It is not prudent for the United
States to depend on Russia for access to space given our past
experience with this relationship.
(3) American space science should not be dependent on
russian support.--(A) The United States has already invested
billions of dollars in the International Space Station program
since its inception.
(B) There is much research of great value being conducted
in space, and on the International Space Station, that may
yield tremendous gains. Research being conducted on the
International Space Station may help scientists back on Earth
develop medicines to treat diseases and help us better
understand the Earth's climate. Many scientists believe that
the microgravity environment of space will enable the
development of new drugs, vaccines, and other therapies.
Equipment on the International Space Station will monitor
stratospheric gases, and investigate ozone chemistry.
(4) The united states must have assured access to space.--
(A) To ensure that the United States realizes the dividends
from the considerable investment we have made in the
International Space Station, we need to ensure continued access
to space for our astronauts. However, NASA's plan for transport
of crew to and from the International Space Station fails to
provide necessary redundancies to provide assured access to
space.
(B) NASA anticipates that the Russian Soyuz spacecraft will
be the only vehicle for astronaut crew rotation to the
International Space Station after 2010. From 2011 until the
planned operation of Orion in 2015, NASA likely has no other
option for transporting American astronauts to space other than
on Russian vehicles.
(C) NASA has conceded that without the Space Shuttle, it
will be unable to transport the Alpha Magnetic Spectrometer
(AMS) to the International Space Station. Scientists involved
in the development of the AMS acknowledge that it will enhance
scientific discoveries. While the AMS has cost over
$1,500,000,000 to develop and build, NASA has stated that the
remaining Space Shuttle manifest does not allow for transport
of the AMS and that it will not be an option to retrofit
another launch vehicle in order to fly it into space. Only by
extending Space Shuttle operations beyond 2010 will NASA be
able to transport the AMS to the International Space Station.
As long as the AMS meets all required standards to verify its
validity and justify its transport on the Space Shuttle, NASA
should fulfill its obligation to the Department of Energy and
our international partners.
(D) In addition, the Japanese Centrifuge Accommodation
Module, which can only fly to the International Space Station
on the Space Shuttle, will also be unable to reach the Space
Station absent extending Space Shuttle operations.
(5) A better approach.--(A) Due to NASA's lack of a backup
plan for reliance on the Russians for transport of American
astronauts to space, the United States needs a better approach.
The best approach is the Space Shuttle, a proven, domestic
source of space transport for assured access to space,
including the International Space Station, for crew and cargo
transport.
(B) With 2 Shuttle missions per year during the human
spaceflight program flight gap between Shuttle and Orion,
currently scheduled from 2010 through 2015, we can replace our
need to rely on the Russians for crew rotation for the
International Space Station.
(C) Savings from replacing Russian transport services to
the International Space Station with the Space Shuttle would
pay for a portion of the costs for flying 2 Space Shuttle
missions per year.
(D) Only by closing the gap between 2010 and 2015, or until
the Orion is operational, will our Nation be able to keep our
Nation's highly skilled and critically important spaceworkers
and engineers gainfully employed, and mitigate the loss of
critical skills.
(E) By extending Space Shuttle operations, NASA may realize
considerable savings by no longer having to pay retention
bonuses to critical space workers. But retention bonuses would
not be the only added costs associated with the end of Space
Shuttle operations when critical skilled workers leave NASA or
its contractors. Recruitment incentives for new workers and
contract cost increases could also be incurred by NASA since
the majority of the Kennedy Space Center's workforce are
contractors.
(F) The success of the Constellation program will depend on
having the most skilled and experienced workforce possible. The
workforce gap, as currently envisioned by NASA, will jeopardize
this. NASA has acknowledged that thousands of critical space
workers will lose their jobs in the transition from the Space
Shuttle to the Constellation program. Continued operation of
the Space Shuttle, but on a reduced flight requirement, while
also integrating these workers into the Orion program, is the
best way to retain many of these critical workers and skill
sets.
(G) An August 2007 study by the Government Accountability
Office, ``NASA Progress Made on Strategic Human Capital
Management, but Future Program Challenges Remain,'' stated that
``the agency as a whole faces challenges in recruiting and
retaining highly experienced senior-level engineers in certain
specialties. NASA's principal workforce challenge will be faced
in the transition to the next generation of human space flight
systems.''.
(H) This Act authorizes for NASA additional funding under
section 4 to fully restore the appropriation shortfalls in
fiscal years 2007 and 2008 compared to the funds that were
authorized for NASA. An additional $1,000,000,000 is authorized
in section 4(b) to reimburse NASA for the costs incurred by
NASA from the Space Shuttle return-to-flight efforts following
the Space Shuttle Columbia disaster.
SEC. 3. PROHIBITION ON USE OF RUSSIAN SPACE SERVICES.
NASA shall not rely solely on the Russian government for astronaut
transport or cargo resupply services. This prohibition does not apply
to the current Soyuz emergency escape services for astronauts on the
International Space Station.
SEC. 4. ADDITIONAL FUNDING FOR NASA.
(a) Additional Authorization for Fiscal Year 2007 Shortfall.--There
are authorized to be appropriated to NASA $1,648,000,000, 41.6 percent
of which shall be for Exploration Systems, and 28.7 percent of which
shall be available for Space Operations.
(b) Columbia Return-to-Flight.--There are authorized to be
appropriated to NASA $1,000,000,000 for emergency funding to reimburse
for Columbia return-to-flight costs, of which the Exploration Systems
and Space Operations Accounts shall receive funding at the rate
proportional to the amounts used to pay the costs associated with the
Space Shuttle return-to-flight efforts.
(c) Additional Authorization for Fiscal Year 2008 Shortfall.--There
are authorized to be appropriated to NASA $1,064,000,000, 41.7 percent
of which shall be for Exploration Systems.
(d) Preservation of Funding for Programs.--NASA shall not take any
funding from its Exploration Systems account or the Constellation
program in order to fund the continued operation of the Space Shuttle
program as required in this Act.
SEC. 5. EXTENDING SPACE SHUTTLE OPERATIONS.
(a) Use of Space Shuttle for Access to Space.--NASA shall fly at
least 2 Space Shuttle missions per year for crew transport, instead of
Russian crew and cargo services, for the period of 2010 through 2015,
or until Orion is operational. There are authorized to be appropriated
to NASA such sums as may be necessary, in addition to amounts otherwise
authorized, to carry out this subsection, including for the production
of more external tanks as may be needed.
(b) Insufficient Funding.--Except as provided under subsection (c),
the requirements of this Act shall have effect only to the extent that
sufficient funding is appropriated, as authorized under subsection (a).
Sufficient funding is defined as funds required to fully or partially
comply with the requirements of this Act.
(c) Report to Congress.--NASA shall report to Congress not later
than 90 days after the date of enactment of this Act on the specific
costs and actions needed to extend the operation of the Space Shuttle
in accordance with this Act.
(d) Operational Efficiencies.--As soon as possible, but no later
than March 31, 2011, NASA shall investigate areas of reduced operations
and enhanced cost savings and implement those that do not impinge the
safe operation of the Space Shuttle program, including the following:
(1) The possible retirement of one Space Shuttle orbiter,
leaving 2 to remain operational, in a manner that ensures the
safe operation of the Space Shuttle program.
(2) Significantly reducing changes to the design of the
Space Shuttle orbiters, in a manner that ensures the safe
operation of the Space Shuttle program. This shall include
changes to the Space Shuttle software systems.
(3) Significantly reducing Space Shuttle orbiter
configuration operations and payload configuration operations,
in a manner that ensures the safe operation of the Space
Shuttle program.
(4) Maximizing the use of shared personnel between the
continued operation of the Space Shuttle and Constellation and
other NASA programs.
(e) Facilities.--If conflicts arise in NASA's efforts to allocate
facilities, personnel, and other resources in order to fly the Space
Shuttle as well as continue the development of Constellation, then NASA
shall identify in a report to Congress in advance such conflicts, along
with recommendations as to how they can be mitigated.
SEC. 6. SHUTTLE RECERTIFICATION.
Not later than 6 months after the date of enactment of this Act,
NASA shall define achievable and attainable requirements for operation
of the Space Shuttle program beyond 2010, as recommended by the
Columbia Accident Investigation Board. NASA shall transmit these
requirements to Congress in the form of a report. NASA shall then
immediately begin the process of satisfying these requirements and
shall satisfy all requirements no later than March 31, 2010. | Spacefaring Priorities for America's Continued Exploration Act or SPACE Act - Prohibits the National Aeronautics and Space Administration (NASA) from relying solely on the Russian government for astronaut transport or cargo resupply services, except for the current Soyuz emergency escape services for astronauts on the International Space Station.
Authorizes appropriations to NASA for: (1) exploration systems; and (2) emergency funding for Columbia return-to-flight costs.
Requires NASA to fly at least two space shuttle missions per year for crew transport, instead of Russian crew and cargo services, for the period 2010-2015, or until Orion is operational. Authorizes appropriations to carry out such operations. Requires NASA to report to Congress on the specific costs and actions needed to extend the operation of the space shuttle.
Requires NASA, by March 31, 2011, to investigate areas of reduced operations and enhanced cost savings and implement those that do not impinge on the safe operation of the space shuttle program.
Directs NASA to define achievable and attainable requirements for the operation of such program beyond 2010, as recommended by the Columbia Accident Investigation Board. Requires: (1) NASA to report to Congress on such requirements; and (2) NASA to immediately begin satisfying those requirements and to satisfy all of them by March 31, 2010. | To authorize the Space Shuttle to be flown from 2010 through 2015, and to authorize appropriations for the National Aeronautics and Space Administration for this purpose. |
995 | SECTION 1. FINDINGS.
Congress finds the following:
(1) More than 500 Baha'is in Iran have been arbitrarily
arrested since 2005. Roughly 100 Baha'is are presently
imprisoned because of their religious beliefs.
(2) In May 2010, suspected terrorists attacked two mosques
in Pakistan belonging to the Ahmaddiya minority Muslim sect,
killing at least 80 people. Ahmadis consider themselves Muslim,
but Pakistani law does not recognize them as such.
(3) Said Musa, an Afghan Christian convert, was arrested in
May 2010 on charges of apostasy, a crime which can carry the
death sentence, and was released in February 2011 only after
sustained international pressure.
(4) On October 31, 2010, gunmen laid siege on Our Lady of
Salvation Church in Baghdad, Iraq, killing at least 52 police
and worshipers, including two priests, making it the worst
massacre of Iraqi Christians since 2003.
(5) Iraq's ancient and once vibrant Christian population
that numbered an estimated 1,500,000 out of a total population
in Iraq of 30,000,000 in 2003 has been reduced by at least one
half, due in significant part to Christians fleeing the
violence.
(6) In November 2010, a Pakistani court sentenced Aasia
Bibi, a Christian mother of five, to death under the country's
blasphemy law for insulting the Prophet Muhammad.
(7) Since early 2011, violent sectarian attacks targeting
Coptic Orthodox Christians and their property increased
significantly, resulting in nearly 100 deaths, mostly Coptic
Christians, surpassing the death toll of the 10 previous years
combined.
(8) In Egypt, with the ascent of the Muslim Brotherhood,
Coptic Christians, numbering 8 to 10 million, have been under
increased threat and many are reported to have fled the country
during former President Mohamed Morsi's rule.
(9) On March 2, 2011, Pakistani Federal Minorities Minister
Shahbaz Bhatti, the only Christian member of the Cabinet, who
was outspoken in his opposition to Pakistan's blasphemy laws
was assassinated by extremists.
(10) The former Special Envoy to Monitor and Combat Anti-
Semitism, Hannah Rosenthal, has noted that Holocaust
glorification ``is especially virulent in Middle Eastern media,
some of which is state-owned and operated, which calls for a
new Holocaust to finish the job''.
(11) In the midst of a devastating civil war, Syrian
Christians and other religious minorities, which comprise
roughly 10 percent of the population, are particularly
vulnerable lacking their own militias and regional protectors.
(12) Many of these ancient faith communities are being
forced to flee the lands which they have inhabited for
centuries.
(13) The United States Commission on International
Religious Freedom has recommended that Egypt, Tajikistan, Iran,
Iraq, Pakistan, Saudi Arabia, Turkmenistan, and Uzbekistan be
designated by the Department of State as Countries of
Particular Concern in accordance with the International
Religious Freedom Act of 1998.
(14) The situation on the ground in the region continues to
develop rapidly and the United States Government needs an
individual who can respond in kind and focus on the critical
situation of religious minorities in these countries.
(15) There are historical precedents, including the Special
Envoy to Monitor and Combat Anti-Semitism, the Special Envoy
for North Korea Human Rights Issues, and the South Sudan and
Sudan Special Envoy, for the Department of State, either as a
result of legislative mandate or initiative of the Secretary of
State, to create positions with a targeted focus on an area or
issue of recognized import.
SEC. 2. SPECIAL ENVOY TO PROMOTE RELIGIOUS FREEDOM OF RELIGIOUS
MINORITIES IN THE NEAR EAST AND SOUTH CENTRAL ASIA.
(a) Appointment.--The President shall appoint a Special Envoy to
Promote Religious Freedom of Religious Minorities in the Near East and
South Central Asia (in this Act referred to as the ``Special Envoy'')
within the Department of State.
(b) Qualifications.--The Special Envoy should be a person of
recognized distinction in the field of human rights and religious
freedom and with expertise in the Near East and South Central Asia
regions. The Special Envoy shall have the rank of ambassador and shall
hold the office at the pleasure of the President.
(c) Prohibition.--The person appointed as Special Envoy may not
hold any other position of Federal employment for the period of time
during which the person holds the position of Special Envoy.
SEC. 3. DUTIES.
(a) In General.--The Special Envoy shall carry out the following
duties:
(1) Promote the right of religious freedom of religious
minorities in the countries of the Near East and the countries
of South Central Asia, denounce the violation of such right,
and recommend appropriate responses by the United States
Government when such right is violated.
(2) Monitor and combat acts of religious intolerance and
incitement targeted against religious minorities in the
countries of the Near East and the countries of South Central
Asia.
(3) Work to ensure that the unique needs of religious
minority communities in the countries of the Near East and the
countries of South Central Asia are addressed, including the
economic and security needs of such communities to the extent
that such needs are directly tied to religious-based
discrimination and persecution.
(4) Work with foreign governments of the countries of the
Near East and the countries of South Central Asia to address
laws that are inherently discriminatory toward religious
minority communities in such countries.
(5) Coordinate and assist in the preparation of that
portion of the report required by sections 116(d) and 502B(b)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and
2304(b)) relating to the nature and extent of religious freedom
of religious minorities in the countries of the Near East and
the countries of South Central Asia.
(6) Coordinate and assist in the preparation of that
portion of the report required by section 102(b) of the
International Religious Freedom Act of 1998 (22 U.S.C. 6412(b))
relating to the nature and extent of religious freedom of
religious minorities in the countries of the Near East and the
countries of South Central Asia.
(b) Coordination.--In carrying out the duties under subsection (a),
the Special Envoy shall, to the maximum extent practicable, coordinate
with the Bureau of Population, Refugees and Migration of the Department
of State, the Ambassador at Large for International Religious Freedom,
the United States Commission on International Religious Freedom, and
other relevant Federal agencies and officials.
SEC. 4. DIPLOMATIC REPRESENTATION.
Subject to the direction of the President and the Secretary of
State, the Special Envoy is authorized to represent the United States
in matters and cases relevant to religious freedom in the countries of
the Near East and the countries of South Central Asia in--
(1) contacts with foreign governments, intergovernmental
organizations, and specialized agencies of the United Nations,
the Organization of Security and Cooperation in Europe, and
other international organizations of which the United States is
a member; and
(2) multilateral conferences and meetings relevant to
religious freedom in the countries of the Near East and the
countries of South Central Asia.
SEC. 5. PRIORITY COUNTRIES AND CONSULTATION.
(a) Priority Countries.--In carrying out this Act, the Special
Envoy shall give priority to programs, projects, and activities for
Egypt, Iran, Iraq, Afghanistan, and Pakistan.
(b) Consultation.--The Special Envoy shall consult with domestic
and international nongovernmental organizations and multilateral
organizations and institutions, as the Special Envoy considers
appropriate to fulfill the purposes of this Act.
SEC. 6. FUNDING.
(a) In General.--Of the amounts made available for ``Diplomatic and
Consular Programs'' for fiscal years 2014 through 2018, $1,000,000 is
authorized to be appropriated for each such fiscal year to carry out
the provisions of this Act.
(b) Funding Offset.--To offset the costs to be incurred by the
Department of State to carry out the provisions of this Act for fiscal
years 2014 through 2018, the Secretary of State shall eliminate such
positions within the Department of State, unless otherwise authorized
or required by law, as the Secretary determines to be necessary to
fully offset such costs.
(c) Limitation.--No additional funds are authorized to be
appropriated for ``Diplomatic and Consular Programs'' to carry out the
provisions of this Act.
SEC. 7. SUNSET.
This Act shall cease to be effective beginning on October 1, 2018.
Passed the House of Representatives September 18, 2013.
Attest:
KAREN L. HAAS,
Clerk. | (Sec. 2) Directs the President to appoint a Special Envoy to Promote Religious Freedom of Religious Minorities in the Near East and South Central Asia within the Department of State. Requires the Special Envoy to have the rank of ambassador. (Sec. 3) Requires the Special Envoy to: (1) promote the right of religious freedom of religious minorities in the countries of the Near East and South Central Asia, denounce the violation of such right, and recommend appropriate U.S government responses to such violations; (2) monitor and combat acts of religious intolerance and incitement targeted against such religious minorities; (3) ensure that the needs of such religious minority communities are addressed, including economic and security needs directly tied to religious-based discrimination and persecution; (4) work with foreign governments of such countries to address inherently discriminatory laws; and (5) coordinate and assist in the preparation of specified reports required by the Foreign Assistance Act of 1961 and the International Religious Freedom Act of 1998. (Sec. 4) Authorizes the Special Envoy, subject to direction by the President and the Secretary of State, to represent the United States in matters and cases relevant to religious freedom in: (1) contacts with foreign governments, intergovernmental organizations, and specialized agencies of the United Nations (U.N.), the Organization of Security and Cooperation in Europe, and other international organizations; and (2) multilateral conferences and meetings relevant to religious freedom. (Sec. 5) Requires the Special Envoy to give priority to programs, projects, and activities for Egypt, Iran, Iraq, Afghanistan, and Pakistan. (Sec. 6) Directs the Secretary to eliminate certain positions within the State Department as necessary to offset the costs of carrying out this Act. (Sec. 7) Declares that this Act shall cease to be effective on October 1, 2018. | To provide for the establishment of the Special Envoy to Promote Religious Freedom of Religious Minorities in the Near East and South Central Asia. |
996 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Orphan Highway Restoration Act''.
SEC. 2. NATIONAL ORPHAN HIGHWAYS PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 165. National orphan highways program
``(a) Grants and Technical Assistance.--
``(1) In general.--The Secretary shall make grants and
provide technical assistance to States, and units of local
government to--
``(A) perform preventive maintenance on or carry
out projects for resurfacing, restoration,
reconstruction, and rehabilitation of an orphan
highway, as defined in subsection (e); and
``(B) rehabilitate, repair, or construct sidewalks,
medians, bike lanes, traffic-calming devices,
signaling, or signage to enhance community livability
on or adjacent to an orphan highway.
``(2) Priority.--In making grants, the Secretary shall give
priority to projects that--
``(A) include rehabilitation measures that focus on
pedestrian safety;
``(B) are coordinated with State and local adopted
preservation or development plans;
``(C) promote cost-effective and strategic
investments in transportation infrastructure that
minimize adverse impacts on the environment;
``(D) promote innovative private sector strategies;
``(E) foster public-private partnerships;
``(F) include a higher percentage of State or
locally matched funds;
``(G) have zoning designations that support more
intensive, mixed-use development along part or all of
the route; or
``(H) upon completion, will result in the transfer
of ongoing management and administrative
responsibilities from the State to the local
jurisdiction.
``(3) Distribution of funds.--The Secretary shall allocate
funds made available for this section for fiscal years 2004
through 2009 among the grant recipients, using 2000 census data
as follows:
``(A) not less than 20 percent to units of local
government with a population between 50,000 and 250,000
residents; and
``(B) not less than 50 percent to units of local
government with a population of less than 50,000.
``(b) Savings Clause.--The Secretary shall not withhold any grant
or impose any requirement on a grant recipient as a condition of
providing a grant or technical assistance for any orphan highway unless
the requirement is consistent with the authority provided in this
chapter.
``(c) Federal Share.--The Federal share of the cost of carrying out
a project under this section shall be 80 percent, except that, in the
case of an orphan highway that provides access to or within Federal or
Indian land, the head of a Federal land management agency may use funds
authorized for such agency for the non-Federal share.
``(d) Administrative Oversight.--A grant recipient may use not more
than 2 percent of funds received under this section for administrative
costs.
``(e) Definitions.--For purposes of this Act the following
definitions apply:
``(1) Orphan highway.--
``(A) is or was formerly a United States numbered
highway;
``(B) is located within the boundaries of a unit of
local government as defined under paragraph (2);
``(C) is no longer a principal route for traffic
passing through the State after construction of a
bypass or Interstate;
``(D) currently functions as a county, parish, or
city arterial or collector route, or provides access to
or within Federal or tribal lands; and
``(E) because of decreased importance to statewide
transportation, has received only routine maintenance
but needs significant resurfacing, restoration,
reconstruction, or rehabilitation.
``(2) Unit of local government.--The term `unit of local
government' means--
``(A) any city, county, township, town, borough,
parish, village, or other general purpose political
subdivision of a State;
``(B) any law enforcement district or judicial
enforcement district that--
``(i) is established under applicable State
law; and
``(ii) has the authority to, in a manner
independent of other State entities, establish
a budget and impose taxes;
``(C) an Indian Tribe (as that term is defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b); or
``(D) for the purposes of assistance eligibility,
any agency of the government of the District of
Columbia or the Federal Government that performs law
enforcement functions in and for--
``(i) the District of Columbia; or
``(ii) any Trust Territory of the United
States.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by inserting after the item relating to section 164 the following:
``165. National orphan highways program.''. | Orphan Highway Restoration Act - Directs the Secretary of Transportation to make grants and provide technical assistance to States and local governments to: (1) perform preventive maintenance on or carry out projects for resurfacing, restoration, reconstruction, and rehabilitation of orphan highways; and (2) rehabilitate, repair, or construct sidewalks, medians, bike lanes, traffic-calming devices, signaling, or signage to enhance community livability on or adjacent to such highways.
Defines "orphan highway" as one that: (1) is or was formerly a United States numbered highway; (2) is located within the boundaries of a local government (which includes an Indian Tribe); (3) is no longer a principal route for traffic passing through the State after construction of a bypass or Interstate; (4) currently functions as a county, parish, or city arterial or collector route or provides access to or within Federal or tribal lands; and (5) because of decreased importance to statewide transportation has received only routine maintenance, but needs significant resurfacing, restoration, reconstruction, or rehabilitation.
Specifies projects to receive funding priority, such as those that include rehabilitation measures that focus on pedestrian safety, that are coordinated with State and local adopted preservation plans, that promote cost-effective and strategic investments in transportation infrastructure that minimizes adverse environmental impacts, or that foster public-private partnerships.
Sets forth provisions regarding fund distribution and the Federal cost share. | To amend title 23, United States Code, to provide grants and technical assistance to restore orphan highways. |
997 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marine Debris Act Reauthorization
Amendments of 2010''.
SEC. 2. PURPOSES.
Section 2 of the Marine Debris Research, Prevention, and Reduction
Act (33 U.S.C. 1951) is amended to read as follows:
``SEC. 2. PURPOSES.
``The purposes of this Act are--
``(1) to address the adverse impacts of marine debris to
the marine environment, navigation safety, and the economy
through investigation and source identification, assessment,
reduction, removal, and prevention;
``(2) to continue the Interagency Marine Debris
Coordinating Committee; and
``(3) to develop and maintain the Federal marine debris
information clearinghouse.''.
SEC. 3. NOAA MARINE DEBRIS PROGRAM.
Section 3 of the Marine Debris Research, Prevention, and Reduction
Act (33 U.S.C. 1952) is amended by striking so much as precedes
subsection (c) and inserting the following:
``SEC. 3. NOAA MARINE DEBRIS PROGRAM.
``(a) Establishment of Program.--There is established, within the
National Oceanic and Atmospheric Administration, a Marine Debris
Program to--
``(1) investigate, identify sources of, assess, reduce,
remove, and prevent the occurrence of marine debris; and
``(2) address, and where practicable prevent, adverse
impacts of marine debris on the marine environment, navigation
safety, and the economy.
``(b) Program Components.--
``(1) Investigations and assessment.--The Administrator
shall, in consultation with relevant Federal agencies,
undertake marine debris investigation and assessment efforts,
with a focus on marine debris posing a threat to the marine
environment, navigation safety, and the economy, including--
``(A) investigation, analysis, and assessment of
derelict fishing gear;
``(B) investigation, analysis, and assessment of
plastics, as pertains to the health of the marine
environment;
``(C) the establishment of a process for
maintaining an inventory of marine debris types and
their impacts found in the navigable waters of the
United States and the United States exclusive economic
zone, including impacts on the marine environment,
navigation safety, and the economy; and
``(D) measures to identify the source, location,
and projected movement of marine debris within United
States navigable waters, the United States exclusive
economic zone, and the high seas, including the use of
oceanographic, atmospheric, satellite, and remote
sensing data.
``(2) Prevent, reduce, and remove occurrence and impacts.--
The Administrator shall improve efforts to prevent, reduce, and
remove marine debris, including activities to address the
adverse impacts of derelict fishing gear, including--
``(A) working with other Federal agencies to
address land-based sources of marine debris;
``(B) developing fishing gear modifications or
alternatives to conventional fishing gear posing a
threat to the marine environment;
``(C) developing effective nonregulatory measures
and incentives to cooperatively reduce the volume of
lost and discarded fishing gear and to aid in its
recovery; and
``(D) developing and implementing strategies,
methods, priorities, and a plan for preventing and
removing marine debris in or likely to enter United
States navigable waters or the United States exclusive
economic zone, including development of local or
regional protocols for removal of derelict fishing gear
and other marine debris.
``(3) National and regional coordination.--The
Administrator shall undertake national and regional
coordination to assist States, Indian tribes, and regional
organizations to address marine debris issues that are
particular to their areas, including--
``(A) facilitating information exchange within and
among States and Indian tribes on issues relating to
marine debris investigation and assessment, prevention,
reduction, and removal activities; and
``(B) serving as an expert resource to State,
tribal, and local governments, nongovernment
organizations, fishing communities, industry, and other
entities with an interest in marine debris.
``(4) Development of tools and products.--The Administrator
shall develop tools and products to improve efforts to address
marine debris, and make these available to researchers, the
marine debris community, and the general public. The tools and
products may include--
``(A) best practices;
``(B) protocols for monitoring marine debris;
``(C) technology; and
``(D) reporting methods.
``(5) International cooperation.--The Administrator, acting
through the Marine Debris Program, may lead the development and
implementation of a strategy, in coordination with other
relevant programs, that may be pursued by the United States
with other nations and in appropriate international and
regional forums, to promote international action to reduce the
incidence of marine debris, including--
``(A) the adoption of effective marine debris
prevention and removal measures in international and
regional agreements, including fisheries agreements and
maritime agreements;
``(B) the development of standardized national
reporting and information guidelines that will assist
in improving information collection and identification
and monitoring of marine debris;
``(C) consistent with the information clearinghouse
established under section 6, the promotion of `best
practices to address marine debris';
``(D) the establishment of public-private
partnerships and funding sources for pilot programs
that will assist in implementation of marine debris
prevention and removal measures in international
agreements and guidelines;
``(E) when appropriate, provision of assistance to
the responsible Federal agency in bilateral and
multilateral efforts to effectively address marine
debris prevention; and
``(F) actions to implement the relevant
recommendations of the National Research Council report
entitled `Tackling Marine Debris in the 21st Century'
and dated 2008.''.
SEC. 4. GLOBAL MARINE DEBRIS COORDINATION CONFERENCE.
The Marine Debris Research, Prevention, and Reduction Act (33
U.S.C. 1951 et seq.) is amended by redesignating sections 7, 8, and 9
in order as sections 8, 9, and 10, and by inserting after section 6 the
following new section:
``SEC. 7. GLOBAL MARINE DEBRIS COORDINATION CONFERENCE.
``The Administrator, in coordination with representatives of the
domestic and nondomestic marine debris community, shall host a Global
Marine Debris Coordination Conference not less often than every four
years, beginning in 2015. The Conference shall be developed with a
steering committee composed of domestic and nondomestic marine debris
experts, led by the Administrator.''.
SEC. 5. DEFINITION OF MARINE DEBRIS.
Section 8 of the Marine Debris Research, Prevention, and Reduction
Act, as redesignated by section 4 of this Act, is amended--
(1) by moving paragraph (3) (relating to the definition of
``United States exclusive economic zone'') to appear as the
last paragraph of the section;
(2) by moving paragraph (6) (relating to the definition of
``territorial sea'') to appear immediately before such last
paragraph, as so moved;
(3) by amending the paragraphs after paragraph (2) as
paragraphs (4) through (10);
(4) by redesignating paragraph (2) as paragraph (3);
(5) by inserting after paragraph (1) the following new
paragraph:
``(2) Indian tribe.--The term `Indian tribe' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).'';
and
(6) by inserting after paragraph (3), as so redesignated,
the following new paragraph:
``(4) Marine debris.--The term `marine debris' means any
man-made object that--
``(A) intentionally or unintentionally, is
discarded, disposed of, or abandoned; and
``(B) enters the coastal or marine environment--
``(i) directly from a vessel, a facility,
or shore; or
``(ii) indirectly, by being carried via a
river, stream, or storm drain or by other
means.''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Section 10 of the Marine Debris Research, Prevention, and Reduction
Act, as redesignated by section 4 of this Act, is amended by striking
``for each fiscal year 2006 through 2010'' and inserting ``for each of
fiscal years 2011 through 2015''. | Marine Debris Act Reauthorization Amendments of 2010 - Reauthorizes appropriations through FY2015 for, and revises provisions of, the Marine Debris Research, Prevention, and Reduction Act. Replaces provisions establishing within the National Oceanic and Atmospheric Administration (NOAA) the Marine Debris Prevention and Removal Program with provisions establishing the Marine Debris Program.
Revises provisions governing such Program, including by requiring the Administrator of NOAA to: (1) investigate, identify sources of, assess, reduce, remove, and prevent the occurrence of marine debris and to address and prevent adverse impacts of such debris on the marine environment, navigation safety, and the economy; (2) address land-based sources of marine debris, develop fishing gear modifications or alternatives to conventional fishing gear posing a threat to the marine environment, and develop effective nonregulatory measures and incentives to cooperatively reduce the volume of lost and discarded fishing gear and to aid in its recovery; (3) undertake national and regional coordination to assist states, Indian tribes, and regional organizations to address marine debris issues that are particular to their areas; (4) develop tools and products to improve efforts to address marine debris and make them available to researchers, the marine debris community, and the general public; and (5) lead the development and implementation of a strategy to promote international action to reduce the incidence of marine debris.
Requires the Administrator to host a Global Marine Debris Coordination Conference in 2015 and at least every four years thereafter.
Defines "marine debris" to mean any man-made object that: (1) intentionally or unintentionally, is discarded, disposed of, or abandoned; and (2) enters the coastal or marine environment directly from a vessel, a facility, or shore or indirectly, by being carried via a river, stream, or storm drain or by other means. | To reauthorize and amend the Marine Debris Research, Prevention, and Reduction Act. |
998 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Technology Retraining And Investment
Now Act of 2004'' or the ``TRAIN Act of 2004''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress hereby finds:
(1) The value added by workers in the United States and in
other countries is increasingly a function of the aggregate
knowledge acquired by workers through the aggregate educational
and training investments of both governments and businesses.
(2) The aggregate investment by governments of many of the
United States's trading partners in the education and training
of knowledge workers in those countries has exceeded the
aggregate per-worker investment by Federal, State, and local
governments in the United States.
(3) The disparity is evidenced by the declining educational
performance of students in the United States compared to their
counterparts in other countries.
(4) In an increasingly global and competitive marketplace
it is becoming increasingly difficult for United States-based
businesses to fund worker education and training that is
provided at no cost for similar workers in other countries by
their governments.
(5) The current global workforce environment creates
increasing competitive pressures on domestic companies to
utilize highly educated knowledge workers in other countries.
(6) It is in the interest of the United States government,
national security, the preservation of a strong middle class,
and the welfare of our Nation's workers to reverse this trend
in a fashion that is consistent with trade obligations and the
ability of domestic companies to compete globally.
(b) Purpose.--It is the purpose of this Act to encourage businesses
and individuals to support the educational development of knowledge
workers in the United States by providing incentives for information
and communications technology education and training investments, for
workers requiring the use of those skills in professions such as
information or communications technology, engineering, manufacturing
and other fields, and for other purposes.
SEC. 3. CREDIT FOR INFORMATION AND COMMUNICATIONS TECHNOLOGY EDUCATION
AND TRAINING PROGRAM EXPENSES.
(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:
``SEC. 30B. INFORMATION AND COMMUNICATIONS TECHNOLOGY EDUCATION AND
TRAINING PROGRAM EXPENSES.
``(a) Allowance of Credit.--
``(1) In general.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an
amount equal to 50 percent of information and communications
technology education and training program expenses paid or
incurred by the taxpayer for the benefit of--
``(A) in the case of a taxpayer engaged in a trade
or business, an employee of the taxpayer, or
``(B) in the case of a taxpayer who is an
individual not so engaged, such individual.
``(2) Coordination of credits.--Credit shall be allowable
to the employer with respect to an employee only to the extent
that the employee assigns some or all of the limitation
applicable to such employee under subsection (b) to such
employer.
``(b) Limitations.--
``(1) In general.--The amount of expenses with respect to
any individual which may be taken into account under subsection
(a) for the taxable year shall not exceed $8,000.
``(2) Increase in credit amount for participation in
certain programs and for certain individuals.--Paragraph (1)
shall be applied by substituting `$10,000' for `$8,000' in the
case of expenses--
``(A) with respect to a program operated--
``(i) in an empowerment zone or enterprise
community designated under part I of subchapter
U or a renewal community designated under part
I of subchapter X,
``(ii) in a school district in which at
least 50 percent of the students attending
schools in such district are eligible for free
or reduced-cost lunches under the school lunch
program established under the National School
Lunch Act,
``(iii) in an area designated as a disaster
area by the Secretary of Agriculture or by the
President under the Disaster Relief and
Emergency Assistance Act in the taxable year or
the 4 preceding taxable years,
``(iv) in a rural enterprise community
designated under section 766 of the
Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies
Appropriations Act, 1999,
``(v) in an area designated by the
Secretary of Agriculture as a Rural Economic
Area Partnership Zone,
``(vi) in an area over which an Indian
tribal government (as defined in section
7701(a)(40)) has jurisdiction, or
``(vii) by an employer who has 200 or fewer
employees for each business day in each of 20
or more calendar weeks in the current or
preceding calendar year, or
``(B) in the case of an individual with a
disability.
``(c) Information Technology Education and Training Program
Expenses.--For purposes of this section--
``(1) In general.--The term `information technology
education and training program expenses' means expenses paid or
incurred by reason of the participation of the taxpayer (or any
employee of the taxpayer) in any information and communications
technology education and training program. Such expenses shall
include expenses paid in connection with--
``(A) course work,
``(B) certification testing,
``(C) programs carried out under the Act of August
16, 1937 (50 Stat. 664, chapter 663; 29 U.S.C. 50 et
seq) which are registered by the Department of Labor,
and
``(D) other expenses that are essential to
assessing skill acquisition.
``(2) Information technology education and training
program.--The term `information technology education and
training program' means a training program in information and
communications technology workplace disciplines or other skill
sets which is provided in the United States by an accredited
college, university, private career school, postsecondary
educational institution, a commercial information technology
provider, or an employer-owned information technology training
organization.
``(3) Commercial information technology training
provider.--The term `commercial information technology training
provider' means a private sector organization providing an
information and communications technology education and
training program.
``(4) Employer-owned information technology training
organization.--The term `employer-owned information technology
training organization' means a private sector organization that
provides information technology training to its employees using
internal training development and delivery personnel. The
training programs must use industry-recognized training
disciplines and evaluation methods, comparable to institutional
and commercial training providers.
``(d) Denial of Double Benefit.--
``(1) Disallowance of other credits and deductions.--No
deduction or credit shall be allowed under any other provision
of this chapter for expenses taken into account in determining
the credit under this section.
``(2) Reduction for hope and lifetime learning credits.--
The amount taken into account under subsection (a) shall be
reduced by the information technology education and training
program expenses taken into account in determining the credits
under section 25A.
``(e) Certain Rules Made Applicable.--For purposes of this section,
rules similar to the rules of section 45A(e)(2) and subsections (c),
(d), and (e) of section 52 shall apply.
``(f) Application With Other Credits.--The credit allowed by
subsection (a) for any taxable year shall not exceed the excess (if
any) of--
(1) the regular tax for the taxable year reduced by the sum
of the credits allowable under the subpart A and the previous
sections of this subpart, over
(2) the tentative minimum tax for the taxable year.''
(b) Clerical Amendment.--The table of sections for 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:
``Sec. 30B. Information and
communications technology
education and training program
expenses.''
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2004.
SEC. 4. ELIGIBLE EDUCATIONAL INSTITUTION.
(a) In General.--Section 25A(f)(2) of the Internal Revenue Code of
1986 (relating to eligible educational institution) is amended to read
as follows:
``(2) Eligible educational institution.--The term `eligible
educational institution' means--
``(A) an institution--
``(i) which is described in section 101(b)
or 102(a) of the Higher Education Act of 1965,
and
``(ii) which is eligible to participate in
a program under title IV of such Act, or
``(B) a commercial information and communications
technology training provider (as defined in section
30B(c)(3)).''
(b) Conforming Amendment.--The second sentence of section 221(e)(2)
of the Internal Revenue Code of 1986 is amended by striking ``section
25A(f)(2)'' and inserting ``section 25A(f)(2)(A)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003. | Technology Retraining And Investment Now Act of 2004 (TRAIN Act of 2004) - Amends the Internal Revenue Code to allow businesses and individuals a tax credit for 50 percent of their information and communications technology education and training expenses up to $8,000 for a taxable year. Increases the allowable amount of the credit to $10,000 for expenses for a program operated: (1) in an empowerment zone, enterprise community, or renewal community; (2) in a school district in which at least 50 percent of the students are eligible for free or reduced-cost lunches under the National School Lunch Act; (3) in an area designated as a disaster area under the Disaster Relief and Emergency Assistance Act; (4) in a designated rural enterprise community; (5) in an area designated as a Rural Economic Area Partnership Zone; (6) in an area over which an Indian tribal government has jurisdiction; (7) by an employer who has 200 or fewer employees for each business day in each of 20 or more calendar weeks in the current or preceding calendar year; or (8) for an individual with a disability.
Defines "information technology education and training program expenses" to include: (1) course work: (2) certification testing; (3) apprenticeship programs registered by the Department of Labor; and (4) other expenses that are essential to assessing skill acquisition.
Redefines" eligible educational institution" to include a commercial information and communications technology training provider. | To amend the Internal Revenue Code of 1986 to allow a credit against income for certain education and training expenses, and for other purposes. |
999 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cyber-Security Enhancement Act of
2007''.
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 unique electronic identification number,
address or routing code, or access device (as defined
in section 1029(e)(1)), from a protected computer;
or''.
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. PENALTIES FOR SECTION 1030 VIOLATIONS.
Subsection (c) of section 1030 of title 18, United States Code, is
amended to read as follows:
``(c) 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--
``(1) 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
``(2) any property, real or personal, constituting or
derived from, any proceeds the person obtained, directly or
indirectly, as a result of such violation.''.
SEC. 8. 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. 9. 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 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. 10. 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 Act of 2007 - Amends the federal criminal code to: (1) prohibit accessing a protected computer to obtain a unique identification number, address or routing code, or access device; (2) revise the definition of "protected computer" to include computers affecting interstate or foreign commerce or communication; (3) expand the definition of "racketeering" to include computer fraud; (4) redefine the crime of computer-related extortion to include threats to access without authorization (or to exceed authorized access of) a protected computer; (5) impose criminal penalties for conspiracy to commit computer fraud; (6) require forfeiture of property used to commit computer fraud; and (7) impose criminal penalties for damaging 10 or more protected computers during any one-year period.
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.
Authorizes additional appropriations in FY2007-FY2011 to the U.S. Secret Service, the Department of Justice, and the Federal Bureau of Investigation (FBI) to investigate and prosecute criminal activity involving computers. | To amend title 18, United States Code, to better assure cyber-security, and for other purposes. |