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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Beach Protection Act of 2007''.
SEC. 2. BEACH WATER POLLUTION SOURCE IDENTIFICATION AND PREVENTION.
(a) In General.--Section 406 of the Federal Water Pollution Control
Act (33 U.S.C. 1346) is amended in each of subsections (b), (c), (d),
(g), and (h) by striking ``monitoring and notification'' each place it
appears and inserting ``monitoring, public notification, source
tracking, sanitary surveys, and prevention efforts to address the
identified sources of beachwater pollution''.
(b) Authorization of Appropriations.--Section 406(i) of the Federal
Water Pollution Control Act (33 U.S.C. 1346(i)) is amended by striking
``$30,000,000 for each of fiscal years 2001 through 2005'' and
inserting ``$60,000,000 for each of fiscal years 2007 through 2012''.
SEC. 3. FUNDING FOR BEACHES ENVIRONMENTAL ASSESSMENT AND COASTAL HEALTH
ACT.
Section 8 of the Beaches Environmental Assessment and Coastal
Health Act of 2000 (114 Stat. 877) is amended by striking ``2005'' and
inserting ``2012''.
SEC. 4. STATE REPORTS.
Section 406(b)(3)(A)(ii) of the Federal Water Pollution Control Act
(33 U.S.C. 1346(b)(3)(A)(ii)) is amended by inserting ``and all
environmental agencies of the State with authority to prevent or treat
sources of beachwater pollution'' after ``public''.
SEC. 5. USE OF RAPID TESTING METHODS.
(a) Contents of State and Local Government Programs.--Section
406(c)(4)(A) of the Federal Water Pollution Control Act (33 U.S.C.
1346(c)(4)(A)) is amended by inserting ``, including the use of a rapid
testing method after the last day of the 1-year period following the
date of approval of the rapid testing method by the Administrator''
before the semicolon at the end.
(b) Revised Criteria.--Section 304(a)(9) of the Federal Water
Pollution Control Act (33 U.S.C. 1314(a)(9)) is amended--
(1) by inserting ``rapid'' before ``testing''; and
(2) by striking ``, as appropriate''.
(c) Definition.--Section 502 of the Federal Water Pollution Control
Act (33 U.S.C. 1362) is amended by adding at the end the following:
``(25) Rapid testing method.--The term `rapid testing
method' means a method of testing for which results are
available within 2 hours.''.
SEC. 6. PROMPT COMMUNICATION WITH STATE ENVIRONMENTAL AGENCIES.
Section 406(c)(5) of the Federal Water Pollution Control Act (33
U.S.C. 1346(c)(5)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``prompt communication'' and inserting ``communication within
24 hours of the receipt of the results of a water quality
sample'';
(2) in subparagraph (A), by striking ``and'' at the end;
(3) in subparagraph (B), by inserting ``and'' after the
semicolon at the end; and
(4) by adding at the end the following:
``(C) all agencies of the State government with
authority to require the prevention or treatment of the
sources of beachwater pollution;''.
SEC. 7. CONTENT OF STATE AND LOCAL PROGRAMS.
Section 406(c) of the Federal Water Pollution Control Act (33
U.S.C. 1346(c)) is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting a semicolon;
(3) by adding at the end the following:
``(8) measures to develop and implement a beachwater
pollution source identification and tracking program for the
coastal recreation waters that are not meeting applicable water
quality standards for pathogens;
``(9) a publicly accessible and searchable global
information system database with information updated within 24
hours of the availability of the information, organized by
beach and with defined standards, sampling plan, monitoring
protocols, sampling results, and number and cause of beach
closing and advisory days; and
``(10) measures to ensure that closures or advisories are
made or issued within 24 hours after the State government
determines that any coastal recreation waters in the State are
not meeting or are not expected to meet applicable water
quality standards for pathogens.''.
SEC. 8. COMPLIANCE REVIEW.
Section 406(h) of the Federal Water Pollution Control Act (33
U.S.C. 1346(h)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting the
subparagraphs appropriately;
(2) by striking ``In the'' and inserting the following:
``(1) In general.--In the''; and
(3) by adding at the end the following:
``(2) Compliance review.--On or before July 31 of each
calendar year beginning after the date of enactment of this
paragraph, the Administrator shall--
``(A) prepare a written assessment of compliance
with all statutory and regulatory requirements of this
section for each State and local government and of
compliance with conditions of each grant made under
this section to a State or local government;
``(B) notify the State or local government of the
assessment; and
``(C) make each of the assessments available to the
public in a searchable database on or before December
31 of the calendar year.
``(3) Corrective action.--
``(A) In general.--Any State or local government
that the Administrator notifies under paragraph (2)
that the State or local government is not in compliance
with any requirement or grant condition described in
paragraph (2) shall take such action as is necessary to
comply with the requirement or condition by not later
than 1 year after the date of the notification.
``(B) Noncompliance.--If the State or local
government is not in compliance with such a requirement
or condition by the date that is 1 year after the
deadline specified in subparagraph (A), any grants made
under subsection (b) to the State or local government,
after the last day of the 1-year period and while the
State or local government is not in compliance with all
requirements and grant conditions described in
paragraph (2), shall require a Federal share of not to
exceed 50 percent.
``(4) GAO review.--Not later than December 31 of the third
calendar year beginning after the date of enactment of this
paragraph, the Comptroller General of the United States shall--
``(A) conduct a review of the activities of the
Administrator under paragraphs (2) and (3) during the
first and second calendar years beginning after that
date of enactment; and
``(B) submit to Congress a report on the results of
the review.''. | Beach Protection Act of 2007 - Amends the Federal Water Pollution Control Act (popularly known as the Clean Water Act) to include among eligible grant activities the development and implementation of programs for source tracking, sanitary surveys, and prevention efforts to address the identified sources of beach water pollution. Authorizes appropriations for such grants for FY2007-FY2012.
Requires grant recipients to identify: (1) the use of a rapid testing method; (2) measures for communication within 24 hours of the results of a water sample concerning pollutants to specified officials and all state agencies with authority to require the prevention or treatment of the sources of beach water pollution; (3) measures to develop and implement a beach water pollution source identification and tracking program for the coastal recreation waters that are not meeting applicable water quality standards for pathogens; (4) a publicly accessible and searchable global information system database with information updated within 24 hours of its availability, organized by beach and with defined standards, sampling plan, monitoring protocols, sampling results, and number and cause of beach closing and advisory days; and (5) measures to ensure that closures or advisories are made or issued within 24 hours after a state government determines that its coastal recreation waters are not meeting applicable water quality standards for pathogens.
Sets forth provisions requiring: (1) a review by the Environmental Protection Agency (EPA) Administrator of state and local compliance with statutory and regulatory requirements and grant conditions; (2) corrective actions by such governments not in compliance; and (3) a review by the Comptroller General such compliance review and corrective action.
Amends the Beaches Environmental Assessment and Coastal Health Act of 2000 to authorize appropriations to carry out such Act through FY2012. | A bill to amend the Federal Water Pollution Control Act to modify provisions relating to beach monitoring, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bangladeshi Adjustment Act''.
SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF BANGLADESH.
(a) Adjustment of Status.--
(1) In general.--The status of any alien described in
subsection (b) shall be adjusted by the Attorney General to
that of an alien lawfully admitted for permanent residence, if
the alien--
(A) applies for such adjustment before July 1,
2001; and
(B) is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility the grounds for inadmissibility specified
in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of
section 212(a) of the Immigration and Nationality Act
shall not apply.
(2) Relationship of application to certain orders.--An
alien present in the United States who has been ordered
excluded, deported, removed, or ordered to depart voluntarily
from the United States under any provision of the Immigration
and Nationality Act may, notwithstanding such order, apply for
adjustment of status under paragraph (1). Such an alien may not
be required, as a condition of submitting or granting such
application, to file a separate motion to reopen, reconsider,
or vacate such order. If the Attorney General grants the
application, the Attorney General shall cancel the order. If
the Attorney General renders a final administrative decision to
deny the application, the order shall be effective and
enforceable to the same extent as if the application had not
been made.
(b) Aliens Eligible for Adjustment of Status.--
(1) In general.--The benefits provided by subsection (a)
shall apply to any alien who is a national of Bangladesh and
who has been physically present in the United States for a
continuous period, beginning not later than July 1, 1989, and
ending not earlier than the date the application for adjustment
under such subsection is filed, except an alien shall not be
considered to have failed to maintain continuous physical
presence by reason of an absence, or absences, from the United
States for any periods in the aggregate not exceeding 180 days.
(2) Proof of commencement of continuous presence.--For
purposes of establishing that the period of continuous physical
presence referred to in paragraph (1) commenced not later than
July 1, 1989, an alien--
(A) shall demonstrate that the alien, prior to July
1, 1989--
(i) performed service, or engaged in a
trade or business, within the United States
which is evidenced by records maintained by the
Commissioner of Social Security; or
(ii) applied for any benefit under the
Immigration and Nationality Act by means of an
application establishing the alien's presence
in the United States prior to July 1, 1989; or
(B) shall make such other demonstration of physical
presence as the Attorney General may provide for by
regulation.
(c) Stay of Removal; Work Authorization.--
(1) In general.--The Attorney General shall provide by
regulation for an alien subject to a final order of deportation
or removal to seek a stay of such order based on the filing of
an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act, the Attorney
General shall not order any alien to be removed from the United
States, if the alien is in exclusion, deportation, or removal
proceedings under any provision of such Act and has applied for
adjustment of status under subsection (a), except where the
Attorney General has rendered a final administrative
determination to deny the application.
(3) Work authorization.--The Attorney General may authorize
an alien who has applied for adjustment of status under
subsection (a) to engage in employment in the United States
during the pendency of such application and may provide the
alien with an ``employment authorized'' endorsement or other
appropriate document signifying authorization of employment,
except that if such application is pending for a period
exceeding 180 days, and has not been denied, the Attorney
General shall authorize such employment.
(d) Adjustment of Status for Spouses and Children.--
(1) In general.--The status of an alien shall be adjusted
by the Attorney General to that of an alien lawfully admitted
for permanent residence, if--
(A) the alien is a national of Bangladesh;
(B) the alien is the spouse, child, or unmarried
son or daughter, of an alien whose status is adjusted
to that of an alien lawfully admitted for permanent
residence under subsection (a), except that in the case
of such an unmarried son or daughter, the son or
daughter shall be required to establish that they have
been physically present in the United States for a
continuous period, beginning not later than July 1,
1989, and ending not earlier than the date the
application for adjustment under this subsection is
filed;
(C) the alien applies for such adjustment and is
physically present in the United States on the date the
application is filed;
(D) the alien is otherwise admissible to the United
States for permanent residence, except in determining
such admissibility the grounds for exclusion specified
in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of
section 212(a) of the Immigration and Nationality Act
shall not apply; and
(E) applies for such adjustment before July 1,
2001.
(2) Proof of continuous presence.--For purposes of
establishing the period of continuous physical presence
referred to in paragraph (1)(B), an alien--
(A) shall demonstrate that such period commenced
not later than July 1, 1989, in a manner consistent
with subsection (b)(2); and
(B) shall not be considered to have failed to
maintain continuous physical presence by reason of an
absence, or absences, from the United States for any
period in the aggregate not exceeding 180 days.
(e) Fee.--The Attorney General shall impose a fee of $1,000 on each
alien filing an application for adjustment of status under this
section.
(f) Availability of Administrative Review.--The Attorney General
shall provide to applicants for adjustment of status under subsection
(a) the same right to, and procedures for, administrative review as are
provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act; or
(2) aliens subject to removal proceedings under section 240
of such Act.
(g) Limitation on Judicial Review.--A determination by the Attorney
General as to whether the status of any alien should be adjusted under
this section is final and shall not be subject to review by any court.
(h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this section, the
definitions contained in the Immigration and Nationality Act shall
apply in the administration of this section. Nothing contained in this
section shall be held to repeal, amend, alter, modify, affect, or
restrict the powers, duties, functions, or authority of the Attorney
General in the administration and enforcement of such Act or any other
law relating to immigration, nationality, or naturalization. The fact
that an alien may be eligible to be granted the status of having been
lawfully admitted for permanent residence under this section shall not
preclude the alien from seeking such status under any other provision
of law for which the alien may be eligible. | Bangladeshi Adjustment Act - Provides for the permanent resident status adjustment of certain Bangladesh nationals residing in the United States. | Bangladeshi Adjustment Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gun Show Accountability Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) more than 4,400 traditional gun shows are held annually
across the United States, attracting thousands of attendees per
show and hundreds of Federal firearms licensees and nonlicensed
firearms sellers;
(2) traditional gun shows, as well as flea markets and
other organized events, at which a large number of firearms are
offered for sale by Federal firearms licensees and nonlicensed
firearms sellers, form a significant part of the national
firearms market;
(3) firearms and ammunition that are exhibited or offered
for sale or exchange at gun shows, flea markets, and other
organized events move easily in and substantially affect
interstate commerce;
(4) in fact, even before a firearm is exhibited or offered
for sale or exchange at a gun show, flea market, or other
organized event, the gun, its component parts, ammunition, and
the raw materials from which it is manufactured have moved in
interstate commerce;
(5) gun shows, flea markets, and other organized events at
which firearms are exhibited or offered for sale or exchange,
provide a convenient and centralized commercial location at
which firearms may be bought and sold anonymously, often
without background checks and without records that enable gun
tracing;
(6) at gun shows, flea markets, and other organized events
at which guns are exhibited or offered for sale or exchange,
criminals and other prohibited persons obtain guns without
background checks and frequently use guns that cannot be traced
to later commit crimes;
(7) many persons who buy and sell firearms at gun shows,
flea markets, and other organized events cross State lines to
attend these events and engage in the interstate transportation
of firearms obtained at these events;
(8) gun violence is a pervasive, national problem that is
exacerbated by the availability of guns at gun shows, flea
markets, and other organized events;
(9) firearms associated with gun shows have been
transferred illegally to residents of another State by Federal
firearms licensees and nonlicensed firearms sellers, and have
been involved in subsequent crimes including drug offenses,
crimes of violence, property crimes, and illegal possession of
firearms by felons and other prohibited persons; and
(10) Congress has the power, under the interstate commerce
clause and other provisions of the Constitution of the United
States, to ensure, by enactment of this Act, that criminals and
other prohibited persons do not obtain firearms at gun shows,
flea markets, and other organized events.
SEC. 3. EXTENSION OF BRADY BACKGROUND CHECKS TO GUN SHOWS.
(a) Definitions.--Section 921(a) of title 18, United States Code,
is amended by adding at the end the following:
``(35) Gun Show.--The term `gun show' means any event--
``(A) at which 50 or more firearms are offered or exhibited
for sale, transfer, or exchange, if 1 or more of the firearms
has been shipped or transported in, or otherwise affects,
interstate or foreign commerce; and
``(B) at which 2 or more persons are offering or exhibiting
1 or more firearms for sale, transfer, or exchange.
``(36) Gun Show Promoter.--The term `gun show promoter' means any
person who organizes, plans, promotes, or operates a gun show.
``(37) Gun Show Vendor.--The term `gun show vendor' means any
person who exhibits, sells, offers for sale, transfers, or exchanges 1
or more firearms at a gun show, regardless of whether or not the person
arranges with the gun show promoter for a fixed location from which to
exhibit, sell, offer for sale, transfer, or exchange 1 or more
firearms.''
(b) Regulation of Firearms Transfers at Gun Shows.--
(1) In general.--Chapter 44 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 931. Regulation of firearms transfers at gun shows
``(a) Registration of Gun Show Promoters.--It shall be unlawful for
any person to organize, plan, promote, or operate a gun show unless
that person--
``(1) registers with the Secretary in accordance with
regulations promulgated by the Secretary; and
``(2) pays a registration fee, in an amount determined by
the Secretary.
``(b) Responsibilities of Gun Show Promoters.--It shall be unlawful
for any person to organize, plan, promote, or operate a gun show unless
that person--
``(1) not later that 30 days before commencement of the gun
show, notifies the Secretary of the date, time, duration, and
location of the gun show and any other information concerning
the gun show as the Secretary may require by regulation;
``(2) not later than 72 hours before commencement of the
gun show, submits to the Secretary an updated list of all gun
show vendors planning to participate in the gun show and any
other information concerning such vendors as the Secretary may
require by regulation;
``(3) before commencement of the gun show, verifies the
identity of each gun show vendor participating in the gun show
by examining a valid identification document (as defined in
section 1028(d)(1)) of the vendor containing a photograph of
the vendor;
``(4) before commencement of the gun show, requires each
gun show vendor to sign--
``(A) a ledger with identifying information
concerning the vendor; and
``(B) a notice advising the vendor of the
obligations of the vendor under this chapter; and
``(5) notifies each person who attends the gun show of the
requirements of this chapter, in accordance with such
regulations as the Secretary shall prescribe;
``(6) not later than 5 days after the last day of the gun
show, submits to the Secretary a copy of the ledger and notice
described in paragraph (4); and
``(7) maintains a copy of the records described in
paragraphs (2) through (4) at the permanent place of business
of the gun show promoter for such period of time and in such
form as the Secretary shall require by regulation.
``(c) Responsibilities of Transferors Other Than Licensees.--
``(1) In general.--If any part of a firearm transaction
takes place at a gun show, it shall be unlawful for any person
who is not licensed under this chapter to transfer a firearm to
another person who is not licensed under this chapter, unless
the firearm is transferred through a licensed importer,
licensed manufacturer, or licensed dealer in accordance with
subsection (e).
``(2) Criminal background checks.--A person who is subject
to the requirement of paragraph (1)--
``(A) shall not transfer the firearm to the
transferee until the licensed importer, licensed
manufacturer, or licensed dealer through which the
transfer is made under subsection (e) makes the
notification described in subsection (e)(3)(A); and
``(B) notwithstanding subparagraph (A), shall not
transfer the firearm to the transferee if the licensed
importer, licensed manufacturer, or licensed dealer
through which the transfer is made under subsection (e)
makes the notification described in subsection
(e)(3)(B).
``(d) Responsibilities of Transferees Other Than Licensees.--
``(1) In general.--If any part of a firearm transaction
takes place at a gun show, it shall be unlawful for any person
who is not licensed under this chapter to receive a firearm
from another person who is not licensed under this chapter,
unless the firearm is transferred through a licensed importer,
licensed manufacturer, or licensed dealer in accordance with
subsection (e).
``(2) Criminal background checks.--A person who is subject
to the requirement of paragraph (1)--
``(A) shall not receive the firearm from the
transferor until the licensed importer, licensed
manufacturer, or licensed dealer through which the
transfer is made under subsection (e) makes the
notification described in subsection (e)(3)(A); and
``(B) notwithstanding subparagraph (A), shall not
receive the firearm from the transferor if the licensed
importer, licensed manufacturer, or licensed dealer
through which the transfer is made under subsection (e)
makes the notification described in subsection
(e)(3)(B).
``(e) Responsibilities of Licensees.--A licensed importer, licensed
manufacturer, or licensed dealer who agrees to assist a person who is
not licensed under this chapter in carrying out the responsibilities of
that person under subsection (c) or (d) with respect to the transfer of
a firearm shall--
``(1) enter such information about the firearm as the
Secretary may require by regulation into a separate bound
record;
``(2) record the transfer on a form specified by the
Secretary;
``(3) comply with section 922(t) as if transferring the
firearm from the inventory of the licensed importer, licensed
manufacturer, or licensed dealer to the designated transferee
(although a licensed importer, licensed manufacturer, or
licensed dealer complying with this subsection shall not be
required to comply again with the requirements of section
922(t) in delivering the firearm to the nonlicensed
transferor), and notify the nonlicensed transferor and the
nonlicensed transferee--
``(A) of such compliance; and
``(B) if the transfer is subject to the
requirements of section 922(t)(1), of any receipt by
the licensed importer, licensed manufacturer, or
licensed dealer of a notification from the national
instant criminal background check system that the
transfer would violate section 922 or would violate
State law;
``(4) not later than 10 days after the date on which the
transfer occurs, submit to the Secretary a report of the
transfer, which report--
``(A) shall be on a form specified by the Secretary
by regulation; and
``(B) shall not include the name of or other
identifying information relating to any person involved
in the transfer who is not licensed under this chapter;
``(5) if the licensed importer, licensed manufacturer, or
licensed dealer assists a person other than a licensee in
transferring, at 1 time or during any 5 consecutive business
days, 2 or more pistols or revolvers, or any combination of
pistols and revolvers totaling 2 or more, to the same
nonlicensed person, in addition to the reports required under
paragraph (4), prepare a report of the multiple transfers,
which report shall be--
``(A) prepared on a form specified by the
Secretary; and
``(B) not later than the close of business on the
date on which the transfer occurs, forwarded to--
``(i) the office specified on the form
described in subparagraph (A); and
``(ii) the appropriate State law
enforcement agency of the jurisdiction in which
the transfer occurs; and
``(6) retain a record of the transfer as part of the
permanent business records of the licensed importer, licensed
manufacturer, or licensed dealer.
``(f) Records of Licensee Transfers.--If any part of a firearm
transaction takes place at a gun show, each licensed importer, licensed
manufacturer, and licensed dealer who transfers 1 or more firearms to a
person who is not licensed under this chapter shall, not later than 10
days after the date on which the transfer occurs, submit to the
Secretary a report of the transfer, which report--
``(1) shall be in a form specified by the Secretary by
regulation;
``(2) shall not include the name of or other identifying
information relating to the transferee; and
``(3) shall not duplicate information provided in any
report required under subsection (e)(4).
``(g) Firearm Transaction Defined.--In this section, the term
`firearm transaction' includes the exhibition, sale, offer for sale,
transfer, or exchange of a firearm.''.
(2) Penalties.--Section 924(a) of title 18, United States
Code, is amended by adding at the end the following:
``(7)(A) Whoever knowingly violates section 931(a) shall be fined
under this title, imprisoned not more than 5 years, or both.
``(B) Whoever knowingly violates subsection (b) or (c) of section
931, shall be--
``(i) fined under this title, imprisoned not more than 2
years, or both; and
``(ii) in the case of a second or subsequent conviction,
such person shall be fined under this title, imprisoned not
more than 5 years, or both.
``(C) Whoever willfully violates section 931(d), shall be--
``(i) fined under this title, imprisoned not more than 2
years, or both; and
``(ii) in the case of a second or subsequent conviction,
such person shall be fined under this title, imprisoned not
more than 5 years, or both.
``(D) Whoever knowingly violates subsection (e) or (f) of section
931 shall be fined under this title, imprisoned not more than 5 years,
or both.
``(E) In addition to any other penalties imposed under this
paragraph, the Secretary may, with respect to any person who knowingly
violates any provision of section 931--
``(i) if the person is registered pursuant to section
931(a), after notice and opportunity for a hearing, suspend for
not more than 6 months or revoke the registration of that
person under section 931(a); and
``(ii) impose a civil fine in an amount equal to not more
than $10,000.''.
(3) Technical and conforming amendments.--Chapter 44 of
title 18, United States Code, is amended--
(A) in the chapter analysis, by adding at the end
the following:
``931. Regulation of firearms transfers at gun shows.''; and
(B) in the first sentence of section 923(j), by
striking ``a gun show or event'' and inserting ``an
event''; and
(c) Inspection Authority.--Section 923(g)(1) is amended by adding
at the end the following:
``(E) Notwithstanding subparagraph (B), the Secretary may enter
during business hours the place of business of any gun show promoter
and any place where a gun show is held for the purposes of examining
the records required by sections 923 and 931 and the inventory of
licensees conducting business at the gun show. Such entry and
examination shall be conducted for the purposes of determining
compliance with this chapter by gun show promoters and licensees
conducting business at the gun show and shall not require a showing of
reasonable cause or a warrant.''.
(d) Increased Penalties for Serious Recordkeeping Violations by
Licensees.--Section 924(a)(3) of title 18, United States Code, is
amended to read as follows:
``(3)(A) Except as provided in subparagraph (B), any licensed
dealer, licensed importer, licensed manufacturer, or licensed collector
who knowingly makes any false statement or representation with respect
to the information required by this chapter to be kept in the records
of a person licensed under this chapter, or violates section 922(m)
shall be fined under this title, imprisoned not more than 1 year, or
both.
``(B) If the violation described in subparagraph (A) is in relation
to an offense--
``(i) under paragraph (1) or (3) of section 922(b), such
person shall be fined under this title, imprisoned not more
than 5 years, or both; or
``(ii) under subsection (a)(6) or (d) of section 922, such
person shall be fined under this title, imprisoned not more
than 10 years, or both.''.
(e) Increased Penalties for Violations of Criminal Background Check
Requirements.--
(1) Penalties.--Section 924 of title 18, United States
Code, is amended--
(A) in paragraph (5), by striking ``subsection (s)
or (t) of section 922'' and inserting ``section
922(s)''; and
(B) by adding at the end the following:
``(8) Whoever knowingly violates section 922(t) shall be fined
under this title, imprisoned not more than 5 years, or both.''.
(2) Elimination of certain elements of offense.--Section
922(t)(5) of title 18, United States Code, is amended by
striking ``and, at the time'' and all that follows through
``State law''.
(f) Effective Date.--This section and the amendments made by this
section shall take effect 180 days after the date of enactment of this
Act. | Gun Show Accountability Act - Amends the Brady Handgun Violence Prevention Act to prohibit any person from organizing, planning, promoting, or operating a gun show without: (1) registering with the Secretary of the Treasury and paying a registration fee; (2) notifying the Secretary, at least 30 days in advance, of the date, time, duration, and location of the show; (3) submitting to the Secretary, at least 72 hours in advance, an updated list of all show vendors planning to participate; (4) first verifying the identity of each show vendor participating by examining a valid identification document containing a photograph of the vendor; (5) first requiring each vendor to sign a ledger with identifying information and a notice advising the vendor of his or her obligations; (6) notifying each attendee of requirements under the Act; (7) submitting to the Secretary, at least five days after the end of the show, a copy of the ledger and notice; and (8) maintaining a copy of the records described above at the permanent place of business of the show promoter for such period of time and in such form as the Secretary shall require.
Sets forth provisions regarding: (1) responsibilities of transferors and transferees other than licensees, including criminal background check requirements; and (2) records of licensee transfers.
Sets penalties for violations of this Act.
Authorizes the Secretary to enter during business hours the place of business of any show promoter and any place where a show is held for purposes of examining required records and the inventory of licensees conducting business at the show, without a showing of reasonable cause or a warrant.
Increases penalties for: (1) serious recordkeeping violations by licensees; and (2) violations of criminal background check requirements. | Gun Show Accountability Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safety, Accountability, and Funding
Efficiency for Transportation Act of 2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) to ensure that taxpayers receive safe, high quality
transportation services at the best possible price, a
government agency carrying out a surface transportation project
should conduct a cost-benefit analysis before procuring
architectural, engineering, and related services from a private
contractor; and
(2) by conducting the cost-benefit analysis, a government
agency will be able to determine if it is cost effective and in
the public interest to use a private contractor or government
employees in procuring such services.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Architectural, engineering, and related services.--The
term ``architectural, engineering, and related services'' means
architectural, landscape architectural, environmental,
engineering, land surveying, construction project management,
and construction inspection services and services related to
permitting and environmental studies, the preparation of plans,
specifications, and estimates, and the acquisition of rights-
of-way.
(2) Private contract.--The term ``private contract'' means
an agreement between a government agency and a private
contractor.
(3) Government agency.--The term ``government agency''
means a State, local, regional, interregional, or other
governmental entity that receives Federal funds to carry out
surface transportation projects.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(5) Surface transportation project.--The term ``surface
transportation project'' means a project eligible for
assistance under title 23, United States Code, a capital
project (as defined in section 5302 of title 49, United States
Code), and any other project related to surface transportation
that the Secretary determines appropriate.
SEC. 4. COST-BENEFIT ANALYSIS.
(a) In General.--For fiscal year 2005 and each fiscal year
thereafter, Federal funds made available to carry out a surface
transportation project may be used by a government agency to enter into
a private contract of $100,000 or more to procure architectural,
engineering, and related services only if the government agency
conducts a cost-benefit analysis for the private contract in accordance
with the requirements of this section.
(b) Components.--A cost-benefit analysis conducted by a government
agency for a private contract under subsection (a) shall contain, at a
minimum, the following:
(1) A description of the services to be performed under the
private contract.
(2) An estimate of the cost of procuring the services under
the private contract, including the price of the contract, the
cost to the government agency of negotiating and awarding the
contract, and the cost to the government agency of inspecting,
supervising, monitoring, and overseeing the contract.
(3) An estimate of the cost of having the services
performed by the government agency (or a government agency
assisting such agency), including staff salaries and benefits,
office facilities and space, equipment and materials, and other
costs that can be reasonably attributed to the performance of
the services and that would not be otherwise be incurred by the
government agency.
(4) A determination as to whether the services would be
procured more quickly by entering into the private contract or
by having the services performed by the government agency (or a
government agency assisting such agency).
(5) A determination as to whether the government agency
will provide equipment and materials under the private contract
and an estimate of the cost of any such equipment and
materials.
(6) An estimate of the cost of unemployment compensation or
other benefits likely to be paid to any employees of the
government agency displaced as a result of the private
contract.
(7) An estimate of the cost to the government agency of
resuming performance of the service to be performed under the
private contract.
SEC. 5. MATERIALS TO ACCOMPANY COST-BENEFIT ANALYSIS.
(a) In General.--If, after conducting a cost-benefit analysis for a
private contract under section 4, a government agency finds that the
benefits of entering into the contract outweigh the costs, the agency
shall also prepare for the contract the materials required by this
section.
(b) Performance History.--The materials to be prepared under
subsection (a) shall include a performance history of the private
contractor. Such history shall include, at a minimum, the following:
(1) A description of any work performed for the government
agency by the private contractor in the preceding 5-year period
or, if such work was not performed, a description of any work
performed for other government agencies by the private
contractor in such 5-year period.
(2) With respect to each private contract to which
paragraph (1) applies, the amount of funds originally committed
by the government agency under the contract and the amount of
funds actually expended by the government agency under the
contract.
(3) With respect to each private contract to which
paragraph (1) applies, deadlines originally established for all
work performed under the contract and the actual date or dates
on which performance of the work was completed.
(4) Any citations, court findings, or administrative
findings against the private contractor for a violation of
applicable Federal, State, and local laws, including laws
governing environmental protection, employee safety and health,
labor relations, and other employment requirements.
(5) Documentation to substantiate that the qualifications,
experience, and expertise of the employees to be utilized by
the private contractor under the private contract, including
subcontractors, are at least equal to that of the government
agency employees who could be providing the services.
(c) Political Contribution History.--The materials to be prepared
under subsection (a) shall include a political contribution history of
the private contractor. Such history shall include, at a minimum, a
listing of all contributions made by the private contractor to
political parties and candidates for political office in the preceding
5-year period.
(d) Certification of Performance Bond.--The materials to be
prepared under subsection (a) shall include a certification by the
government agency that the agency will receive from the private
contractor a performance bond or similar instrument that ensures the
performance of the contractor under the private contract.
SEC. 6. DISCLOSURE OF RESULTS OF COST-BENEFIT ANALYSIS.
If, after conducting a cost-benefit analysis for a private contract
under section 4 and preparing the accompanying materials under section
5, a government agency finds that it is in the public interest to enter
into the contract, the agency shall, at least 30 days before entering
into the contract--
(1) submit the results and accompanying materials to the
Secretary for review;
(2) provide the results and accompanying materials to any
individual or entity that registers with the agency to receive
the results; and
(3) make the results and accompanying materials available
for public inspection, including publication of the results on
the Internet.
SEC. 7. COMMENTS.
In the 15-day period following the date of publication by a
government agency of the results of a cost-benefit analysis for a
private contract under section 4--
(1) employees of the agency and other interested parties
may submit to the agency written comments refuting the accuracy
of results; and
(2) employees of the agency may submit to the agency a
competitive bid to provide the services that would otherwise be
performed under the contract.
SEC. 8. USE OF QUALIFICATION-BASED SELECTION CRITERIA.
In procuring architectural, engineering, and related services from
private sources using Federal funds as part of a surface transportation
project, a government agency shall use the procedures for procuring
architectural and engineering services under chapter 11 of title 40,
United States Code, or equivalent State qualifications-based
requirements.
SEC. 9. SPECIALTY, EMERGENCY, TEMPORARY WORK.
Upon the request of a government agency, the Secretary may waive
the application of this Act with respect to a private contract if the
Secretary determines that the government agency cannot perform the work
to be conducted under the contract with existing or additional
government employees because the work is of an emergency, specialty, or
intermittent nature and would likely cause regular periods of
underutilization of government employees<plus-minus>. | Safety, Accountability, and Funding Efficiency for Transportation Act of 2003 - Requires government agencies to prepare cost benefit analyses before entering any private contract of $100,000 or more to procure private sector architectural, engineering, and related services for a surface transportation project.
Prescribes components of such cost benefit analysis, as well as accompanying materials including the performance history and political contribution history of the private contractor.
Prescribes procedural guidelines for mandatory public disclosure of the results of such cost-benefit analysis. | To require government agencies carrying out surface transportation projects to conduct a cost-benefit analysis before procuring architectural, engineering, and related services from a private contractor, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seniors Mental Health Access
Improvement Act of 2001''.
SEC. 2. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES UNDER PART
B.
(a) Coverage of Services.--Section 1861(s)(2) of the Social
Security Act (42 U.S.C. 1395x(s)(2)), as amended by sections 102(a) and
105(a) of othe Medicare, Medicaid, and SCHIP Benefits Improvement and
Protection Act of 2000 (as enacted into law by section 1(a)(6) of
Public Law 106-554), is amended--
(1) in subparagraph (U), by striking ``and'' at the end;
(2) in subparagraph (V), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(W) marriage and family therapist services (as
defined in subsection (ww)(1));''.
(b) Definition.--Section 1861 of such Act (42 U.S.C. 1395x), as
amended by sections 102(b) and 105(b) of the Medicare, Medicaid, and
SCHIP Benefits Improvement and Protection Act of 2000 (as enacted into
law by section 1(a)(6) of Public Law 106-554), is amended by adding at
the end thereof the following new subsection:
``Marriage and Family Therapist Services
``(ww)(1) The term `marriage and family therapist services' means
services performed by a marriage and family therapist (as defined in
paragraph (2)) for the diagnosis and treatment of mental illnesses,
which the marriage and family therapist is legally authorized to
perform under State law (or the State regulatory mechanism provided by
State law) of the State in which such services are performed, as would
otherwise be covered if furnished by a physician or as an incident to a
physician's professional service, but only if no facility or other
provider charges or is paid any amounts with respect to the furnishing
of such services.
``(2) The term `marriage and family therapist' means an individual
who--
``(A) possesses a master's or doctoral degree which
qualifies for licensure or certification as a marriage and
family therapist pursuant to State law;
``(B) after obtaining such degree has performed at least
two years of clinical supervised experience in marriage and
family therapy; and
``(C) in the case of an individual performing services in a
State that provides for licensure or certification of marriage
or family therapists, is licensed or certified as a marriage
and family therapist in such State.''.
(c) Provision for Payment Under Part B.--Section 1832(a)(2)(B) of
such Act (42 U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the
following new clause:
``(v) marriage and family therapist
services;''.
(d) Amount of Payment.--Section 1833(a)(1) of such Act (42 U.S.C.
13951(a)(1)), as amended by sections 105(c) and 223(c) of othe
Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act
of 2000 (as enacted into law by section 1(a)(6) of Public Law 106-554)
is amended--
(1) by striking ``and (U)'' and inserting ``(U)''; and
(2) by inserting before the semicolon at the end the
following: ``, and (V) with respect to marriage and family
therapist services under section 1861(s)(2)(W), the amounts
paid shall be 80 percent of the lesser of the actual charge for
the services or 75 percent of the amount determined for payment
of a psychologist under clause (L)''.
(e) Exclusion of Marriage and Family Therapist Services From
Skilled Nursing Facility Prospective Payment System.--Section
1888(e)(2)(A)(ii) of such Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is
amended by inserting ``marriage and family therapist services,'' after
``qualified psychologist services,''.
(f) Inclusion of Marriage and Family Therapists as Practitioners
for Assignment of Claims.--Section 1842(b)(18)(C) of such Act (42
U.S.C. 1395u(b)(18(C)), as amended by section 105(d) of the Medicare,
Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, as
enacted into law by section 1(a)(6) of Public Law 106-554, is amended
by adding at the end the following new clause:
``(vii) A marriage and family therapist (as defined in
section 1861(ww)(2)).''.
SEC. 3. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES PROVIDED IN
CERTAIN SETTINGS.
(a) Rural Health Clinics.--Section 1861(aa)(1)(B) of the Social
Security Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by inserting ``, by
a marriage and family therapist (as defined in subsection (ww)(2)),''
after ``by a clinical psychologist (as defined by the Secretary)''.
(b) Hospice Programs.--Section 1861(dd)(2)(B)(i)(III) of such Act
(42 U.S.C. 1395x(dd)(2)(B)(i)(III)) is amended by inserting ``or
marriage and family therapist (as defined in subsection (ww)(2))''
after ``social worker''.
SEC. 4. AUTHORIZATION OF MARRIAGE AND FAMILY THERAPISTS TO DEVELOP
DISCHARGE PLANS FOR POST-HOSPITAL SERVICES.
Section 1861(ee)(2)(G) of the Social Security Act (42 U.S.C.
1395x(ee)(2)(G)) is amended by inserting ``marriage and family
therapist (as defined in subsection (ww)(2)),'' after ``social
worker,''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act apply with respect to services
furnished on or after January 1, 2002. | Seniors Mental Health Access Improvement Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, to provide for coverage under Medicare part B (Supplementary Medical Insurance) of marriage and family therapist services generally, particularly services provided in rural health clinics and in hospice programs.Amends SSA title XVIII part D (Miscellaneous) to provide for the exclusion of such services from the skilled nursing facility prospective payment system.Authorizes marriage and family therapists to develop discharge plans for post-hospital services. | To amend title XVIII of the Social Security Act to provide for the coverage of marriage and family therapist services under part B of the Medicare Program, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission on the
Modernization of the United Nations Act of 2005''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``National
Commission on the Modernization of the United Nations''.
SEC. 3. DUTIES OF THE COMMISSION.
(a) In General.--The Commission shall--
(1) conduct a study of the areas specified in this section;
(2) recommend reforms with respect to such areas; and
(3) enumerate methods to implement each recommendation.
(b) Study of Extent of Modernization Within Confines of Present
Charter.--The Commission shall--
(1) study the requirements for and extent to which a
modernization of the organizational structure and practices of
the United Nations can be effectuated that do not require
substantive changes to be made to the Charter of the United
Nations; and
(2) make recommendations to implement such a modernization.
(c) Study of Extent of Modernization Requiring Modifications to
Present Charter.--The Commission shall--
(1) study the requirements for and extent to which a
modernization of the organizational structure and practices of
the United Nations can only be effectuated by requiring
substantive changes to be made to the Charter, paying
particular attention to the areas of study enumerated in
subsections (d) through (i); and
(2) make recommendations to implement such a modernization.
(d) Study of Member State Principles.--The Commission shall study
the principles to which states should adhere as members of the United
Nations, paying particular attention to the following:
(1) Whether states that espouse and enforce values that are
counter to the Charter should be permitted to be members of the
United Nations.
(2) What recourse should be available to the United Nations
to respond to a member state that has engaged in conduct
counter to the Charter.
(3) What conduct on the part of a member state would
constitute sufficient grounds for--
(A) expulsion;
(B) condemnation; or
(C) sanction.
(e) Study of Member State Status.--The Commission shall study the
feasibility of mandating the following requirements of member states:
(1) Requirement of regular review by the United Nations of
the status of all member states to determine if member states
continue to adhere to the principles outlined in the Charter.
(2) Requirement for member states to--
(A) sign a ``Declaration of Member States''
declaring that the signatory state agrees to adhere to
the principles of United Nations membership; and
(B) review the principles of the United Nations to
determine whether the state should withdraw from
membership if the state determines that the United
Nations is not adhering to the implementation of the
Charter.
(f) Study of Proportional Representation on Principal Organs.--The
Commission shall study the following:
(1) Whether all states should have one vote in the General
Assembly.
(2) Whether the United Nations should be structured in a
bi-cameral fashion.
(g) Study of Organizational and Business Functions.--The Commission
shall study the following:
(1) Whether auxiliary commissions and organizations of the
United Nations should be funded by member dues.
(2) Whether such commissions and organizations detract from
the Charter principles by draining resources away from the
primary functions of the United Nations.
(3) Whether member states can create caucuses and fund them
to deal with matters of common interest without detracting from
the main objectives of the United Nations.
(h) Study of Use, Structure, and Goals of Peacekeeping and
Humanitarian Efforts.--The Commission shall study the following:
(1) Whether the United Nations should maintain a separate
peacekeeping force.
(2) Identification of successes of past peacekeeping and
humanitarian efforts.
(i) Study of Enforcement of Resolutions.--The Commission shall
study the credibility of resolutions when the United Nations does not
mandate their absolute obedience.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of
nine members appointed from among persons who are not officers or
employees of any government, as follows:
(1) Two members appointed by the President.
(2) Two members appointed by the Speaker of the House of
Representatives.
(3) Two members appointed by the Majority Leader of the
Senate.
(4) One member appointed by the Minority Leader of the
Senate.
(5) One member appointed by the Minority Leader of the
House of Representatives.
(6) One member appointed by the Secretary of State
(b) Terms of Office.--
(1) In general.--Each member shall be appointed for the
life of the Commission.
(2) Special rule.--A member who is appointed to the
Commission and who subsequently becomes an officer or employee
of any government may not continue as a member.
(c) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(d) Chairperson.--The Chairperson of the Commission shall be
elected by the members after consultation with the Speaker and minority
leader of the House of Representatives and the majority leader and
minority leader of the Senate. Pending such election, a provisional
Chairperson shall be designated by the President.
(e) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
SEC. 5. DIRECTOR AND STAFF.
(a) Director.--The Commission shall appoint a Director who shall be
paid at the rate of basic pay for level IV of the Executive Schedule
under section 5315 of title 5, United States Code.
(b) Staff.--
(1) In general.--Subject to paragraph (2), the Director,
with the approval of the Commission, may appoint and fix the
pay of additional personnel.
(2) Applicability of certain civil service laws.--The
Director may make such appointments subject to the provisions
of title 5, United States Code, governing appointments in the
competitive service, and any personnel so appointed shall be
paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates.
(c) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this Act.
(d) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its duties under
this Act.
SEC. 6. POWERS OF COMMISSION.
(a) Meetings.--
(1) In general.--The Commission shall meet at the call of
the Chairperson.
(2) Quorum.--A majority of the members of the Commission
shall constitute a quorum but a lesser number may hold
hearings.
(b) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Commission, the head of that department or agency shall furnish that
information to the Commission.
(c) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
SEC. 7. REPORTS.
(a) Interim Report.--Within six months after the date of the
enactment of this Act, the Commission shall submit to Congress an
interim report on the activities of the Commission under this Act.
(b) Final Report.--Not later than 12 months after the date of the
enactment of this Act, the Commission shall submit to Congress a final
report containing a statement of the findings, conclusions, and
recommendations of the Commission.
SEC. 8. TERMINATION.
The Commission shall terminate 15 days after submission of its
final report under section 7(b).
SEC. 9. DEFINITIONS.
In this Act:
(1) Charter.--The term ``Charter'' means the Charter of the
United Nations.
(2) Commission.--The term ``Commission'' means the National
Commission on the Modernization of the United Nations.
(3) Member.--The term ``member'' means a member of the
Commission. | National Commission on the Modernization of the United Nations Act of 2005 - Establishes the National Commission on the Modernization of the United Nations to study: (1) the extent of modernization of the organizational structure and practices of the United Nations (UN) that can be effectuated with and without changes to its Charter; (2) the principles to which member states should adhere and the consequences of a state espousing and enforcing values counter to the Charter; (3) the feasibility of mandating each member state to agree to adhere to the principles of UN membership, and to review the principles of the UN to determine whether the state should withdraw if the UN is not adhering to the Charter; (4) whether all states should have one vote in the General Assembly and whether the UN should be structured in a bicameral fashion; (5) whether auxiliary commissions and organizations of the UN should be funded by member dues, whether such entities drain resources away from the primary function of the UN, or whether member states can create and fund caucuses to deal with matters of common interest; (6) whether the UN should have a separate peacekeeping force, while identifying successes of past peacekeeping and humanitarian efforts; and (7) the credibility of resolutions when the UN does not mandate absolute obedience.
Terminates the Commission 15 days after submission of its final report. | To establish the National Commission on the Modernization of the United Nations. |
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) In 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.
``(b) 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.
``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 that part. An agency shall submit
such a report separately for each such rule the agency promulgates. The
explanation shall consist of the concise general statement of the
rule's basis and purpose required under section 553 and such
explanatory documents as are mandated by other statutory requirements.
``Sec. 817. Approval bill
``(a)(1) 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) 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)(1)(A) Any committee of the House of Representatives to which
a bill is referred shall report the bill 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 that Member's intention to do so and the form of the motion).
The motion is highly privileged. Debate thereon shall be limited to not
more than 1 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) 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 1 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 1 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 5-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 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)(A) 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) 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) 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)(i) 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) 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) The time for debate on the disapproval bill shall be
equally divided between the Majority Leader and the Minority Leader or
their designees.
``(E) A motion to recommit a bill shall not be in order.
``(F) 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 under 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 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) Subchapter Heading.--Chapter 8 of title 5, United States Code,
is amended by inserting before section 801 the following:
``SUBCHAPTER I--DISCRETIONARY CONGRESSIONAL REVIEW''.
(b) 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.''.
(c) Reference.--Section 804 of title 5, United States Code, is
amended by striking ``this chapter'' and inserting ``this subchapter''. | Outlines introduction, referral, and consideration procedures for approval of the bill. | Taxpayer's Defense Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Phantom Fuel Reform Act''.
SEC. 2. CELLULOSIC BIOFUEL REQUIREMENT.
(a) Provision of Estimate of Volumes of Cellulosic Biofuel.--
Section 211(o)(3)(A) of the Clean Air Act (42 U.S.C. 7545(o)(3)(A)) is
amended--
(1) by striking ``Not later than'' and inserting the
following:
``(i) In general.--Not later than''; and
(2) by adding at the end the following:
``(ii) Estimation method.--
``(I) In general.--In determining
any estimate under clause (i), with
respect to the following calendar year,
of the projected volume of cellulosic
biofuel production (as described in
paragraph (7)(D)(i)), the Administrator
of the Energy Information
Administration shall--
``(aa) for each cellulosic
biofuel production facility
that is producing (and
continues to produce)
cellulosic biofuel during the
period of January 1 through
October 31 of the calendar year
in which the estimate is made
(in this clause referred to as
the `current calendar year')--
``(AA) determine
the average monthly
volume of cellulosic
biofuel produced by
such facility, based on
the actual volume
produced by such
facility during such
period; and
``(BB) based on
such average monthly
volume of production,
determine the estimated
annualized volume of
cellulosic biofuel
production for such
facility for the
current calendar year;
and
``(bb) for each cellulosic
biofuel production facility
that begins initial production
of (and continues to produce)
cellulosic biofuel after
January 1 of the current
calendar year--
``(AA) determine
the average monthly
volume of cellulosic
biofuel produced by
such facility, based on
the actual volume
produced by such
facility during the
period beginning on the
date of initial
production of
cellulosic biofuel by
the facility and ending
on October 31 of the
current calendar year;
and
``(BB) based on
such average monthly
volume of production,
determine the estimated
annualized volume of
cellulosic biofuel
production for such
facility for the
current calendar year.
``(II) Total production.--An
estimate under clause (i) with respect
to the following calendar year of the
projected volume of cellulosic biofuel
production (as described in paragraph
(7)(D)(i)), shall be equal to the total
of the estimated annual volumes of
cellulosic biofuel production for all
cellulosic biofuel production
facilities described in subclause (I)
for the current calendar year.''.
(b) Reduction in Applicable Volume.--Section 211(o)(7)(D)(i) of the
Clean Air Act (42 U.S.C. 7545(o)(7)(D)(i)) is amended--
(1) in the first sentence, by striking ``based on the'' and
inserting ``using the exact''; and
(2) in the second sentence--
(A) by striking ``may'' and inserting ``shall'';
and
(B) by striking ``same or a lesser volume'' and
inserting ``same volume''.
(c) Definition of Cellulosic Biofuel.--Section 211(o)(1)(E) of the
Clean Air Act (42 U.S.C. 7545(o)(1)(E)) is amended--
(1) by striking ``The term'' and inserting the following:
``(i) In general.--The term''; and
(2) by adding at the end the following:
``(ii) Exclusions.--The term `cellulosic
biofuel' does not include any compressed
natural gas, liquefied natural gas, or
electricity used to power electric vehicles
that is produced from biogas from--
``(I) a landfill;
``(II) a municipal wastewater
treatment facility digester;
``(III) an agricultural digester;
or
``(IV) a separated municipal solid
waste digester.''.
(d) Regulation of Cellulosic and Advanced Fuel Pathways.--
(1) In general.--Those provisions of the final rule of the
Administrator of the Environmental Protection Agency entitled
``Regulation of Fuels and Fuel Additives: RFS Pathways II, and
Technical Amendments to the RFS Standards and E15 Misfueling
Mitigation Requirements'' (79 Fed. Reg. 42128 (July 18, 2014))
relating to existing and new cellulosic biofuel pathways under
the renewable fuel standard under section 211(o) of the Clean
Air Act (42 U.S.C. 7545(o)) and that conflict with the
amendments made by subsection (c) shall have no force or
effect.
(2) Reissuance.--The Administrator of the Environmental
Protection Agency shall reissue the rule described in paragraph
(1) to conform the rule to the amendments made by subsection
(c).
(e) Cellulosic Biofuel Mandate.--In section 211(o)(2)(B)(i) of the
Clean Air Act (42 U.S.C. 7545(o)(2)(B)(i)), in the table following
subclause (III), strike the applicable volume of cellulosic biofuel (in
billions of gallons) relating to calendar year 2014. | Phantom Fuel Reform Act This bill amends the Clean Air Act to revise the renewable fuel standard program. Beginning on January 1, 2015, the renewable fuel that is required to be blended into gasoline must be advanced biofuel, which cannot be ethanol derived from corn starch. This bill revises the renewable fuel standards by decreasing the total volume of renewable fuel that must be contained in gasoline sold or introduced into commerce for years 2015 through 2022. The Environmental Protection Agency (EPA) must determine the target amount of cellulosic biofuel to be blended into transportation fuel based on the actual volume of cellulosic biofuel produced in the current year. The EPA must reduce the required volume of renewable fuel in transportation fuel by the same volume of cellulosic biofuel in the fuel. Cellulosic biofuel does not include any compressed natural gas, liquefied natural gas, or electricity used to power electric vehicles that is produced from biogas from a landfill, a municipal wastewater treatment facility digester, an agricultural digester, or a separated municipal solid waste digester. | Phantom Fuel Reform Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Creating Access to Rides Act''.
SEC. 2. GRANTS FOR LOW-INCOME CAR OWNERSHIP PROGRAMS.
(a) In General.--Section 403(a) of the Social Security Act (42
U.S.C. 603(a)) is amended by adding at the end the following:
``(6) Grants for low-income car ownership programs.--
``(A) Purposes.--The purposes of this paragraph are
to--
``(i) assist low-income families obtain
dependable, affordable automobiles to improve
their employment opportunities and access to
training; and
``(ii) provide incentives to States, Indian
tribes or tribal organizations, localities, and
nonprofit entities to develop and administer
programs that provide assistance with
automobile ownership for low-income families.
``(B) Definitions.--In this paragraph:
``(i) Locality.--The term `locality' means
a municipality that does not administer a State
program funded under this part.
``(ii) Low-income families.--The term `low-
income families' means families with total
income of not more than 200 percent of the
poverty line (as defined in section 673(2) of
the Omnibus Budget Reconciliation Act of 1981,
including any revision required by such section
applicable to a family of the size involved).
``(iii) Nonprofit entity.--The term
`nonprofit entity' means a school, local
agency, organization, or institution owned and
operated by 1 or more nonprofit corporations or
associations, no part of the net earnings of
which inures, or may lawfully inure, to the
benefit of any private shareholder or
individual.
``(C) Authority to award grants.--The Secretary may
award grants to States, counties, localities, Indian
tribes or tribal organizations, and nonprofit entities
to promote improving access to dependable, affordable
automobiles by low-income families.
``(D) Grant approval criteria.--The Secretary shall
establish criteria for approval of an application for a
grant under this paragraph that include consideration
of--
``(i) the extent to which the proposal, if
funded, is likely to improve access to training
and employment opportunities and child care
services by low-income families by means of car
ownership;
``(ii) the level of innovation in the
applicant's grant proposal; and
``(iii) any partnerships between the public
and private sector in the applicant's grant
proposal.
``(E) Use of funds.--
``(i) In general.--A grant awarded under
this paragraph shall be used to administer
programs that assist low-income families with
dependable automobile ownership, and
maintenance of, or insurance for, the purchased
automobile.
``(ii) Supplement not supplant.--Funds
provided to a State, Indian tribe or tribal
organization, county, or locality under a grant
awarded under this paragraph shall be used to
supplement and not supplant other State,
county, or local public funds expended for car
ownership programs.
``(iii) General rules governing use of
funds.--The rules of section 404, other than
subsection (b) of that section, shall not apply
to a grant made under this paragraph.
``(iv) Rule of interpretation.--For
purposes of any requirement, limitation, or
prohibition imposed on an individual or family
by or pursuant to this part, assistance
provided to a low-income family pursuant to a
program referred to in clause (i) shall not be
considered assistance under a State program
funded under this part.
``(F) Application.--Each applicant desiring a grant
under this paragraph shall submit an application to the
Secretary at such time, in such manner, and accompanied
by such information as the Secretary may reasonably
require.
``(G) Reversion of funds.--Any funds paid from to a
grant made under this paragraph that are not expended
within 3 years after the date the grant is awarded
shall be available for redistribution among other
grantees in such manner and amount as the Secretary may
determine, unless the Secretary extends by regulation
the time period to expend the funds.
``(H) Limitation on administrative costs of the
secretary.--Not more than an amount equal to 5 percent
of the funds appropriated to make grants under this
paragraph for a fiscal year shall be expended for
administrative costs of the Secretary in carrying out
this paragraph.
``(I) Evaluation.--The Secretary shall, by grant,
contract, or interagency agreement, conduct an
evaluation of the programs administered with grants
awarded under this paragraph.
``(J) Limitations on authorization of
appropriations.--There are authorized to be
appropriated to the Secretary for grants under this
paragraph $50,000,000 for each of fiscal years 2006
through 2010.''.
(b) Authority to Use Funds in Individual Development Accounts for
Car Ownership, Maintenance, and Insurance.--
(1) Accounts established under the tanf program.--
(A) Additional qualified purpose for use of
funds.--Section 404(h)(2)(B) of the Social Security Act
(42 U.S.C. 604(h)(2)(B)) is amended by adding at the
end the following:
``(iv) Qualified automotive expenditures.--
Qualified automotive expenditures paid from an
individual development account directly to the
persons to whom the amounts are due.''.
(B) Definition.--Section 404(h)(5) of the Social
Security Act (42 U.S.C. 604(h)(5)) is amended by adding
at the end the following:
``(J) Qualified automotive expenditures.--The term
`qualified automotive expenditures' means expenditures
for the purchase or maintenance of an automobile, or
for insurance for an automobile.''.
(2) Accounts established under the assets for independence
program.--Section 404(8) of the Assets for Independence Act (42
U.S.C. 604 note) is amended by adding at the end the following:
``(E) Qualified automotive expenditures.--
``(i) In general.--Qualified automotive
expenditures paid from an individual
development account directly to the persons to
whom the amounts are due.
``(ii) Definition.--In clause (i), the term
`qualified automotive expenditures' means
expenditures for the purchase or maintenance of
an automobile, or for insurance for an
automobile.''. | Creating Access to Rides Act - Amends title IV (Temporary Assistance for Needy Families) (TANF) of the Social Security Act to authorize the Secretary of Health and Human Serivces to award grants to States, counties, localities, Indian tribes or tribal organizations, and nonprofit entities to promote programs that provide assistance with ownership by low-income families of dependable, affordable automobiles to improve their employment opportunities and access to training.
Authorizes the use of funds in TANF individual development accounts for automobile ownership, maintenance, and insurance. | To authorize the Secretary of Health and Human Services to make grants to improve access to dependable, affordable automobiles by low-income families. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Albuquerque Indian School Land
Transfer Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) 19 pueblos.--The term ``19 Pueblos'' means the New
Mexico Indian Pueblos of--
(A) Acoma;
(B) Cochiti;
(C) Isleta;
(D) Jemez;
(E) Laguna;
(F) Nambe;
(G) Ohkay Owingeh (San Juan);
(H) Picuris;
(I) Pojoaque;
(J) San Felipe;
(K) San Ildefonso;
(L) Sandia;
(M) Santa Ana;
(N) Santa Clara;
(O) Santo Domingo;
(P) Taos;
(Q) Tesuque;
(R) Zia; and
(S) Zuni.
(2) Map.--The term ``map'' means the map entitled ``The
Town of Albuquerque Grant, Bernalillo County, within Township
10 North, Range 3 East, of the New Mexico Principal Meridian,
New Mexico--Metes and Bounds Survey'' and dated August 12,
2011.
(3) Secretary.--The term ``Secretary'' means Secretary of
the Interior.
SEC. 3. LAND TAKEN INTO TRUST FOR BENEFIT OF 19 PUEBLOS.
(a) Action by Secretary.--
(1) In general.--The Secretary shall take into trust all
right, title, and interest of the United States in and to the
Federal land described in subsection (b) for the benefit of the
19 Pueblos immediately after the Secretary determines that the
requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) have been satisfied regarding the
trust acquisition of the Federal land.
(2) Administration.--The Secretary shall--
(A) take such action as the Secretary determines to
be necessary to document the transfer under paragraph
(1); and
(B) appropriately assign each applicable private
and municipal utility and service right or agreement.
(b) Description of Land.--The Federal land referred to in
subsection (a)(1) is the 4 tracts of Federal land, the combined acreage
of which is approximately 11.11 acres, that were historically part of
the Albuquerque Indian School, more particularly described as follows:
(1) Abandoned indian school road.--The approximately 0.83
acres located in sec. 7 and sec. 8 of T. 10 N., R. 3 E., of the
New Mexico Principal Meridian in Albuquerque, New Mexico, as
identified on the map.
(2) Southern part tract d.--The approximately 6.18 acres
located in sec. 7 of T. 10 N., R. 3 E., of the New Mexico
Principal Meridian in Albuquerque, New Mexico, as identified on
the map.
(3) Tract 1.--The approximately 0.41 acres located in sec.
7 of T. 10 N., R. 3 E., of the New Mexico Principal Meridian in
Albuquerque, New Mexico, as identified on the map.
(4) Western part tract b.--The approximately 3.69 acres
located in sec. 7 of T. 10 N., R. 3 E., of the New Mexico
Principal Meridian in Albuquerque, New Mexico, as identified on
the map.
(c) Survey.--The Secretary shall conduct a survey of the Federal
land to be transferred consistent with subsection (b) and may make
minor corrections to the survey and legal description of the Federal
land described in subsection (b) as the Secretary determines to be
necessary to correct clerical, typographical, and surveying errors.
(d) Use of Land.--The Federal land taken into trust under
subsection (a) shall be used for the educational, health, cultural,
business, and economic development of the 19 Pueblos.
(e) Limitations and Conditions.--The Federal land taken into trust
under subsection (a) shall remain subject to any private or municipal
encumbrance, right-of-way, restriction, easement of record, or utility
service agreement in effect on the date of enactment of this Act.
(f) Bureau of Indian Affairs Use.--
(1) In general.--The 19 Pueblos shall allow the Bureau of
Indian Affairs to continue to use the land taken into trust
under subsection (a) for the facilities and purposes as in
existence on the date of enactment of this Act, in accordance
with paragraph (2).
(2) Requirements.--The use by the Bureau of Indian Affairs
under paragraph (1) shall--
(A) be free of any rental charge; and
(B) continue until such time as the Secretary
determines there is no further need for the existing
Bureau of Indian Affairs facilities.
SEC. 4. EFFECT OF OTHER LAWS.
(a) In General.--Subject to subsection (b), Federal land taken into
trust under section 3(a) shall be subject to Federal laws relating to
Indian land.
(b) Gaming.--No class I gaming, class II gaming, or class III
gaming (as defined in section 4 of the Indian Gaming Regulatory Act (25
U.S.C. 2703)) shall be carried out on the Federal land taken into trust
under section 3(a). | Albuquerque Indian School Land Transfer Act - Directs the Secretary of the Interior to take into trust 4 tracts of federal land in New Mexico, the combined acreage of which is approximately 11.11 acres, that were historically part of the Albuquerque Indian School for the benefit of 19 specified pueblos immediately after the requirements of the National Environmental Policy Act of 1969 (NEPA) have been satisfied regarding the trust acquisition of such federal land. Instructs the Secretary to: (1) take such action as determined to be necessary to document such transfer, and (2) appropriately assign each applicable private and municipal utility and service right or agreement. Requires the federal lands taken into trust to be used for the educational, health, cultural, business, and economic development of the 19 pueblos. Requires the federal lands taken into trust to remain subject to any private or municipal encumbrance, right-of-way, restriction, easement of record, or utility service agreement in effect on this Act's enactment date. Requires the 19 pueblos to allow the Bureau of Indian Affairs (BIA) to continue to use the federal lands taken into trust for the facilities and purposes as in existence on this Act's enactment date. Prohibits any class I, class II, or class III gaming from being carried out on the federal lands taken into trust under this Act. | Albuquerque Indian School Land Transfer Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oroville-Tonasket Claim Settlement
and Conveyance Act''.
SEC. 2. PURPOSES.
The purposes of this Act are to authorize the Secretary of the
Interior to implement the provisions of the negotiated Settlement
Agreement including conveyance of the Project Irrigation Works,
identified as not having national importance, to the District, and for
other purposes.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) The term ``Secretary'' means the Secretary of the
Interior.
(2) The term ``Reclamation'' means the United States Bureau
of Reclamation.
(3) The term ``district'' or ``Oroville-Tonasket Irrigation
District'' means the project beneficiary organized and
operating under the laws of the State of Washington, which is
the operating and repayment entity for the Project.
(4) The term ``project'' means the Oroville-Tonasket unit
extension, Okanogan-Similkameen division, Chief Joseph Dam
Project, Washington, constructed and rehabilitated by the
United States under the Act of September 28, 1976 (Public Law
94-423, 90 Stat. 1324), previously authorized and constructed
under the Act of October 9, 1962 (Public Law 87-762, 76 Stat.
761), under the Federal reclamation laws (including the Act of
June 17, 1902 (ch. 1093, 32 Stat. 388), and Acts supplementary
thereto or amendatory thereof).
(5) The term ``Project Irrigation Works'' means--
(A) those works actually in existence and described
in subarticle 3(a) of the Repayment Contract, excluding
Wildlife Mitigation Facilities, and depicted on the
maps held by the District and Reclamation, consisting
of the realty with improvements and real estate
interests;
(B) all equipment, parts, inventories, and tools
associated with the Project Irrigation Works realty and
improvements and currently in the District's
possession; and
(C) all third party agreements.
(6) (A) The term ``Basic Contract'' means Repayment
Contract No. 14-06-100-4442, dated December 26, 1964, as
amended and supplemented, between the United States and the
District;
(B) the term ``Repayment Contract'' means Repayment
Contract No. 0-07-10-W0242, dated November 28, 1979, as amended
and supplemented, between the United States and the District;
and
(C) the term ``third party agreements'' means existing
contractual duties, obligations, and responsibilities that
exist because of all leases, licenses, and easement with third-
parties related to the Project Irrigation Works, or the lands
or rights-of-way for the Project Irrigation Works, but
excepting power arrangements with the Bonneville Power
Administration.
(7) The term ``Wildlife Mitigation Facilities'' means--
(A) land, improvements, or easements, or any
combination thereof, secured for access to such lands,
acquired by the United States under the Fish and
Wildlife Coordination Act (16 U.S.C. 661-667e); and
(B) all third party agreements associated with the
land, improvements, or easements referred to in
subparagraph (A).
(8) The term ``Indian Trust Lands'' means approximately 61
acres of lands identified on land classification maps on file
with the District and Reclamation beneficially owned by the
Confederated Tribes of the Colville Reservation (Colville
Tribes) or by individual Indians, and held in trust by the
United States for the benefit of the Colville Tribes in
accordance with the Executive Order of April 9, 1872.
(9) The term ``Settlement Agreement'' means the Agreement
made and entered on April 15, 1996, between the United States
of America acting through the Regional Director, Pacific
Northwest Region, Bureau of Reclamation, and the Oroville-
Tonasket Irrigation District.
(10) The term ``operations and maintenance'' means normal
and reasonable care, control, operation, repair, replacement
and maintenance.
SEC. 4. AGREEMENT AUTHORIZATION.
The Settlement Agreement is approved and the Secretary of Interior
is authorized to conduct all necessary and appropriate investigations,
studies, and required Federal actions to implement the Settlement
Agreement.
SEC. 5. CONSIDERATION AND SATISFACTION OF OUTSTANDING OBLIGATIONS.
(a) Consideration to United States.--Consideration by the district
to the United States in accordance with the Settlement Agreement
approved by this Act shall be--
(1) payment of $350,000 by the district to the United
States;
(2) assumption by the district of full liability and
responsibility and release of the United States of all further
responsibility, obligations, and liability for removing
irrigation facilities constructed and rehabilitated by the
United States under the Act of October 9, 1962 (Public Law 87-
762, 76 Stat. 761), or referenced in section 201 of the Act of
September 28, 1976 (Public Law 94-423, 90 Stat. 1324), and
identified in Article 3(a)(8) of the Repayment Contract;
(3) assumption by the district of sole and absolute
responsibility for the operations and maintenance of the
Project Irrigation Works;
(4) release and discharge by the district as to the United
States from all past and future claims, whether now known or
unknown, arising from or in any way related to the Project,
including any arising from the Project Irrigation Works
constructed pursuant to the 1964 Basic Contract or the 1979
Repayment Contract;
(5) assumption by the District of full responsibility to
indemnify and defend the United States against any third party
claims associated with any aspect of the Project, except for
that claim known as the Grillo Claim, government contractor
construction claims accruing at any time, and any other suits
or claims filed as of the date of the Settlement Agreement; and
(6) continued obligation by the district to deliver water
to and provide for operation and maintenance of the Wildlife
Mitigation Facilities at its own expense in accordance with the
Settlement Agreement.
(b) Responsibilities of the United States.--In return the United
States shall--
(1) release and discharge the district's obligation,
including any delinquent or accrued payments, or assessments of
any nature under the 1979 Repayment Contract, including the
unpaid obligation of the 1964 Basic Contract;
(2) transfer title of the Project Irrigation Works to the
district;
(3) assign to the District all third party agreements
associated with the Project Irrigation Works;
(4) continue power deliveries provided under section 6 of
this Act; and
(5) assume full responsibility to indemnify and defend the
district against any claim known as the Grillo Claim,
government contractor construction claims accruing at any time,
and any other suits or claims filed against the United States
as of the date of the Settlement Agreement.
(c) Project Construction Costs.--The transfer of title authorized
by this Act shall not affect the timing or amount of the obligation of
the Bonneville Power Administration for the repayment of construction
costs incurred by the Federal Government under section 202 of the Act
of September 28, 1976 (90 Stat. 1325) that the Secretary of the
Interior has determined to be beyond the ability of irrigators to pay.
The obligation shall remain charged to and be returned to the
Reclamation Fund as provided for in section 2 of the Act of June 14,
1966 (80 Stat. 200), as amended by section 6 of the Act of September 7,
1966 (80 Stat. 707).
SEC. 6. POWER.
Nothing in this Act shall be construed as having any affect on
power arrangements under Public Law 94-423 (90 Stat. 1324). The United
States shall continue to provide to the district power and energy for
irrigation water pumping for the project, including Dairy Point Pumping
Plant. However, the amount and term of reserved power shall not exceed,
respectively--
(1) 27,100,000 kilowatt hours per year; and
(2) 50 years commencing October 18, 1990.
The rate that the district shall pay the Secretary for such reserved
power shall continue to reflect full recovery of Bonneville Power
Administration transmission costs.
SEC. 7. CONVEYANCE.
(a) Conveyance of Interests of United States.--Subject to valid
existing rights, the Secretary is authorized to convey all right,
title, and interest, without warranties, of the United States in and to
all Project Irrigation Works to the district. In the event a
significant cultural resource or hazardous waste site is identified,
the Secretary is authorized to defer or delay transfer of title to any
parcel until required Federal action is completed.
(b) Retention of Title to Wildlife Mitigation Facilities.--The
Secretary will retain title to the Wildlife Mitigation Facilities. The
District shall remain obligated to deliver water to and provide for the
operations and maintenance of the Wildlife Mitigation Facilities at its
own expense in accordance with the Settlement Agreement.
(c) Reservation.--The transfer of rights and interests pursuant to
subsection (a) shall reserve to the United States all oil, gas, and
other mineral deposits and a perpetual right to existing public access
open to public fishing, hunting and other outdoor recreation purposes,
and such other existing public uses.
SEC. 8. REPAYMENT CONTRACT.
Upon conveyance of title to the Project Irrigation Works
notwithstanding any parcels delayed in accordance with section 7(a),
the 1964 Basic Contract, and the 1979 Repayment Contract between the
District and Reclamation, shall be terminated and of no further force
or effect.
SEC. 9. INDIAN TRUST RESPONSIBILITIES.
The district shall remain obligated to deliver water under
appropriate water service contracts to Indian Trust Lands upon request
from the owners or lessees of such land.
SEC. 10. LIABILITY.
Upon completion of the conveyance of Project Irrigation Works under
this Act, the District shall--
(1) be liable for all acts or omissions relating to the
operation and use of the Project Irrigation Works that occur
before or after the conveyance except for the Grillo Claim,
government contractor construction claims accruing at any time,
and any other suits or claims filed as of the date of the
Settlement Agreement;
(2) absolve the United States and its officers and agents
of responsibility and liability for the design and construction
including latent defects associated with the project; and
(3) assume responsibility to indemnify and defend the
United States against all claims whether now known or unknown
and including those of third party claims associated with,
arising from, or in any way related to, the project except for
the Grillo Claim, government contractor construction claims
accruing at any time, and any other suits or claims filed as of
the date of the Settlement Agreement.
SEC. 11. CERTAIN ACTS NOT APPLICABLE AND TERMINATION OF MANDATES.
(a) Reclamation Laws.--All mandates imposed by the Reclamation Act
of 1902, and all Acts supplementary thereto or amendatory thereof,
including the Reclamation Reform Act of 1982, upon the Project
Irrigation Works shall be terminated upon the completion of the
transfers as provided by this Act and the Settlement Agreement.
(b) Relationship to Other Laws.--The transfer of title authorized
by this Act shall not--
(1) be subject to the provisions of chapter 5 of title 5,
United States Code (commonly known as the ``Administrative
Procedures Act''); or
(2) be considered a disposal of surplus property under the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 471 et seq.) And the Surplus Property Act of 1944 (50
U.S.C. App. 1601 et seq.).
(c) Deauthorization.--Effective upon the transfer of title to the
district under this section, that portion of the Oroville-Tonasket Unit
Extension, Okanogan-Similkameen Division, Chief Joseph Dam Project,
Washington referred to in section 7(a) as the Project Irrigation Works
is hereby deauthorized. After transfer of title, the district shall not
be entitled to receive any further Reclamation benefits pursuant to the
Reclamation Act of June 17, 1902, and Acts supplementary thereto or
amendatory thereof. | Oroville-Tonasket Claim Settlement and Conveyance Act - Approves the Settlement Agreement between the U.S. Bureau of Reclamation and the Oroville-Tonasket Irrigation District. Authorizes the Secretary of the Interior to conduct all necessary and appropriate investigations, studies, and required Federal actions to implement the Agreement.
Provides for consideration by the District to the United States and U.S. responsibilities under such Agreement.
Authorizes the Secretary to convey to the District all U.S. rights and interest in District project irrigation works. Provides that the transfer of title shall not affect the timing or obligation amount of the Bonneville Power Administration for the repayment of Federal construction costs that the Secretary has determined to be beyond the ability of irrigators to pay. Directs the Secretary to retain title to the Wildlife Mitigation Facilities. Terminates certain prior contracts upon such conveyance.
Continues the District's obligation to deliver water to Indian trust lands upon request.
Provides liabilities of the District upon conveyance of the irrigation works.
Terminates upon the completion of the transfer specified mandates imposed upon the irrigation works under prior reclamation laws.
Deauthorizes upon completion of the transfer the Chief Joseph Dam Project of the Oroville-Tonasket Unit Extension, Washington. | Oroville-Tonasket Claim Settlement and Conveyance Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Credit Cost Reduction Act of 1999''.
SEC. 2. EXEMPTION FOR COMMUNICATIONS INVOLVING LEGAL PROCEEDINGS.
Section 803(2) of the Fair Debt Collection Practices Act (15 U.S.C.
1692a(2)) is amended by adding at the end the following new sentence:
``Such term does not include actions taken pursuant to the Federal
Rules of Civil Procedure; in the case of a proceeding in a State court,
the rules of civil procedure available under the laws of such State; or
a nonjudicial foreclosure.''.
SEC. 3. COLLECTION ACTIVITY FOLLOWING INITIAL NOTICE.
Section 809 of the Fair Debt Collection Practices Act (15 U.S.C.
1692(g)) is amended by adding at the end the following new subsection:
``(d) Continuation During Period.--Collection activities and
communications may continue during the 30-day period described in
subsection (a) unless the consumer requests the cessation of such
activities.''.
SEC. 4. LIABILITY FOR NONCOMPLIANCE.
(a) Clarification of Limitation on Class Action Awards.--Section
813(a)(2)(B) of the Fair Debt Collection Practices Act (15 U.S.C.
1692k(a)(2)(B)) is amended--
(1) by inserting ``or any series of class actions arising
out of the same violations by the same debt collector'' after
``case of a class action''; and
(2) by inserting ``of such class action or series of class
actions'' after ``all other class members''.
(b) Attorneys Fees To Enforce Civil Liability.--Paragraph (3) of
section 813(a) of the Fair Debt Collection Practices Act (15 U.S.C.
1692k(a)) is amended to read as follows:
``(3) subject to subsection (f), in the case of a
successful action to enforce a liability under paragraph (1) or
(2), the costs of the action, including reasonable attorney's
fees, as determined by the court, in an amount not to exceed
the amount awarded in such action under the applicable
paragraph.''.
(c) Factors for Consideration.--Section 813(b) of the Fair Debt
Collection Practices Act (15 U.S.C. 1692k(b)) is amended--
(1) in the portion of such subsection which precedes
paragraph (1), by striking ``liability in any action'' and
inserting ``any award''; and
(2) by striking paragraph (1) and inserting the following
new paragraph:
``(1) in any action under subsection (a)(2)(A), the
frequency and persistence of noncompliance by the debt
collector, the nature of such noncompliance, the extent to
which the such noncompliance was intentional, and the amount of
actual damages awarded; or''.
(d) Bona Fide Errors.--Section 813(c) of the Fair Debt Collection
Practices Act (15 U.S.C. 1692k(c)) is amended--
(1) by striking ``(c) A debt collector may not'' and
inserting ``(c) Bona Fide Errors.--
``(1) In general.--A debt collector may not''; and
(2) by adding at the end the following new paragraph:
``(2) Reliance on rules of civil procedure.--A debt
collector may not be held liable in any action brought under
this title if the debt collector shows by a preponderance of
the evidence that the violation resulted from good faith
compliance with the Federal Rules of Civil Procedure; in the
case of a proceeding in a State court, the rules of civil
procedure available under the laws of such State; or a
nonjudicial foreclosure proceeding.''.
SEC. 5. MORTGAGE SERVICERS' REGULATORY BURDEN RELIEF.
(a) In General.--The Fair Debt Collection Practices Act (15 U.S.C.
1692 et seq.) is amended--
(1) by redesignating section 818 as section 819; and
(2) by inserting after section 817 the following new
section:
``Sec. 818. Mortgage servicer exemption
``(a) Exemption.--Any servicer of federally related mortgage loans
secured by first liens--
``(1) who is a debt collector; and
``(2) for whom the collection of delinquent debts is
secondary to the servicer's primary function of servicing
federally related mortgage loans,
shall be exempt from the requirements of sections 807(11) and 809 in
connection with the collection of any debt which is a federally related
mortgage loan secured by a first lien.
``(b) Validation Statement.--If a debt collector is exempt,
pursuant to subsection (a), from the requirements of section 809 with
respect to any federally related mortgage loan to a consumer which is
secured by a first lien, the servicer shall provide to the consumer, at
least 30 days before any acceleration of the debt and without charge to
such consumer--
``(A) a notice of the consumer's right to receive a
validation statement; or
``(B) a validation statement.
``(2) Qualified validation requests.--
``(A) Response to request.--If a servicer described
in paragraph (1) provides a consumer with a notice
under subparagraph (A) of such paragraph, the servicer
shall provide such consumer with a validation statement
not more than 10 days after receiving a qualified
validation request from such consumer.
``(B) No delay required.--No provision of this
title shall be construed as requiring a servicer
described in paragraph (1) to delay acceleration,
foreclosure, or any other action with respect to a
federally related mortgage loan for which the servicer
provided a notice to the consumer under paragraph
(1)(A) due to the receipt by such servicer of a
qualified validation request from such consumer.
``(C) Receipt and handling of requests.--A servicer
described in paragraph (1) may establish a separate and
exclusive office for the receipt and handling of any
qualified validation request from any consumer under
this subsection if the servicer provides notice of that
fact and the address of the office to the consumer--
``(i) in the notice provided to such
consumer pursuant to paragraph (1)(A); or
``(ii) separately by 1st class mail with
prepaid postage.
``(3) Reasonable estimates of 3d party charges.--A servicer
described in paragraph (1) shall not be liable under this title
for any inaccurate amount contained in a validation statement
provided to a consumer with respect to a federally related
mortgage loan secured by a first lien to the extent the
inaccurate amount--
``(A) relates to costs for services to be provided
by third parties; and
``(B) constitutes a reasonable estimate of such
costs.
``(c) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Federally related mortgage loan.--The term `federally
related mortgage loan' has the meaning given to such term in
section 3(1) of the Real Estate Settlement Procedures Act of
1974.
``(2) Qualified validation request.--The term `qualified
validation request' means a written request for a validation
statement from a consumer to a servicer which--
``(A) includes the name and account number of the
consumer or such other information as may be necessary
to allow the servicer to identify such name and account
number; and
``(B) is not written on or otherwise included with
a payment coupon or other payment medium provided by
the servicer.
``(3) Servicer; servicing.--The terms `servicer' and
`servicing' have the meanings given to such terms in section
6(i) of the Real Estate Settlement Procedures Act of 1974.
``(4) Validation statement.--The term `validation
statement' means a statement of--
``(A) the total amount a consumer must pay, as of a
particular date, to bring the consumer's loan current;
and
``(B) the total amount a consumer must pay, as of a
particular date, to satisfy the loan in full.''.
(b) Clerical Amendment.--The table of sections for the Fair Debt
Collection Practices Act (15 U.S.C. 1692 et seq.) is amended--
(1) by redesignating the item relating to section 818 as
section 819; and
(2) by inserting after the item relating to section 817 the
following new item:
``818. Mortgage servicer exemption.''. | Permits continuation of collection and communications activities during the period of initial notice of debt unless the consumer requests cessation of such activities.
Expands the scope of debt collector's civil liability for noncompliance to include any series of class actions arising out of the same violations by the same debt collector.
Adds to the mandatory factors for court consideration of debt collector's liability for noncompliance the amount of actual damages awarded.
Shields a debt collector from liability for a violation resulting from good faith compliance with either Federal or State rules of civil procedure or a nonjudicial foreclosure proceeding.
Prescribes guidelines under which a servicer of a federally related mortgage loan secured by a first lien is exempt from requirements pertaining to: (1) certain false or misleading representations to the consumer in connection with debt collection; or (2) debt validation activities. Requires such servicer to provide to the consumer, at least 30 days before an acceleration of the debt, a validation statement or a notice of the consumer's right to receive a validation statement. | Credit Cost Reduction Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Property Low Hanging Fruit
Act''.
SEC. 2. PUBLIC-PRIVATE AGREEMENT PILOT PROGRAM.
(a) Plan for Entering Into Public-Private Agreements.--
(1) In general.--The head of a covered agency shall develop
and carry out a plan to enter into one or more agreements with
an eligible entity, for the purposes described in paragraph
(2).
(2) Purposes.--The purposes of any agreement entered into
under paragraph (1) shall be--
(A) to lease Federal real properties that are
underutilized or excess, under the terms of subsection
(c); and
(B) to develop, rehabilitate, or renovate
facilities on such leased properties for the benefit of
the covered agency, including monetary benefits such as
lease revenues and non-monetary benefits such as
avoided operations and maintenance costs.
(3) Number of properties.--The head of each covered agency
shall identify at least 5, and not more than 10, Federal real
properties to be offered for lease under agreements entered
into under paragraph (1).
(b) Agreement Terms.--
(1) In general.--Each agreement entered into pursuant to
this section--
(A) shall have as its primary purpose the
enhancement of the functional and economic efficiency
of Federal real property;
(B) shall be negotiated pursuant to such procedures
as the head of the covered agency concerned considers
necessary to promote competition and protect the
interests of the Federal Government;
(C) shall provide a fair market value lease option
to the United States to occupy space in the facilities
acquired, constructed, or rehabilitated under the
agreement, but shall not guarantee occupancy by the
United States;
(D) shall describe the consideration, duties, and
responsibilities for which the United States and the
eligible entity are responsible and may provide for the
alteration, repair, or improvement of the real property
as part or all of the consideration of the eligible
entity, notwithstanding any provision of law, including
section 1302 of title 40, United States Code;
(E) shall provide--
(i) that the United States shall not be
liable for any actions, debts, or liability of
the eligible entity; and
(ii) that no person is authorized by the
agreement to execute any instrument or document
creating or evidencing any indebtedness unless
such instrument or document specifically
disclaims any liability of the United States
under the instrument or document; and
(F) shall include terms for authorizing the
Government to terminate the agreement for default or to
protect the interests of the Government.
(2) Ability to pledge as collateral.--Subparagraph (E)
shall not impair the ability of the eligible entity to pledge
as collateral its leasehold interest under a lease with the
United States entered into pursuant to the terms of subsection
(c).
(c) Lease of Real Property.--
(1) Authority.--Notwithstanding any other provision of law,
including sections 582 and 583 of title 40, United States Code,
the head of a covered agency may lease real property under an
agreement under subsection (a) to the eligible entity that is
party to the agreement.
(2) Period of lease.--A lease under this subsection may be
for such period as the head of the covered agency determines
appropriate.
(3) Relationship to homeless assistance act.--Real property
leased under this subsection shall not be considered
unutilized, underutilized, excess, or surplus for purposes of
section 501 of the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11411) and may be leased under this subsection
without regard to any other provision of law.
(d) Services.--Notwithstanding any other provision of law, the head
of a covered agency, or his or her designee, may provide services under
an agreement under subsection (a) to the eligible entity that is party
to the agreement on such terms as the head considers appropriate.
(e) Use of Revenues.--Notwithstanding any other provision of law,
the head of a covered agency may retain and use any revenues derived
from agreements entered into under this section for Federal property
management activities of the covered agency, including acquisition,
operations and maintenance, repairs or alterations, other real property
management needs, or construction needs.
(f) Plan.--
(1) Matters covered.--The plan of a covered agency required
under subsection (a) shall--
(A) identify the Federal real properties that the
head of the covered agency proposes to make available
under the agreement or agreements to be entered into
with one or more eligible entities; and
(B) include performance measures by which the
proposed project or projects will be measured.
(2) Consultation with council.--In developing the plan
required under subsection (a), the head of a covered agency
shall consult with the Federal Real Property Council.
(g) Submissions to Congress of Plan and Agreements.--
(1) Submission of plan within 12 months.--The head of a
covered agency shall submit to Congress the plan required by
subsection (a) not later than 12 months after the date of the
enactment of this Act.
(2) Submission of each proposed agreement to congress.--The
head of a covered agency shall submit to Congress the final
draft of each agreement proposed to be entered into by the
agency and may not enter into the agreement until at least 30
days has expired after the date of submission to Congress. The
submission to Congress under this paragraph shall also
include--
(A) an explanation of the agreement;
(B) the name, resources, and qualifications of the
eligible entity or persons that are party to the
agreement.
(C) the name of any other eligible entity that
submitted a proposal for the property that is the
subject of the agreement;
(D) the factors in support of the proposed project
or projects covered by the agreement; and
(E) the projected economic performance, including
expenditures and receipts, arising from the agreement.
(3) Submission of all agreements within 3 years.--The head
of a covered agency shall submit to Congress all agreements to
be entered into under the plan not later than 3 years after the
date of the enactment of this Act.
(4) Modification or termination of agreement.--In the case
of a proposed modification or termination of an agreement, the
head of the covered agency concerned shall submit the proposed
modification or termination to Congress and may not implement
the modification or termination until at least 30 days has
expired after the date of submission to Congress.
(h) Projected Economic Performance.--The head of a covered agency
shall describe, in the budget submitted by the President pursuant to
section 1105 of title 31, United States Code, for a fiscal year, the
projected economic performance, including expenditures and receipts,
arising from each agreement entered into pursuant this section and in
effect during such fiscal year.
(i) Definitions.--In this section:
(1) Covered agency.--The term ``covered agency'' means each
of the following:
(A) The Department of Agriculture.
(B) The Department of Energy.
(C) The General Services Administration.
(2) Head of a covered agency.--The term ``head of a covered
agency'' means each of the following:
(A) The Secretary of Agriculture.
(B) The Secretary of Energy.
(C) The Administrator of General Services.
(3) Federal real property.--The term ``Federal real
property'' means property, as that term is defined in section
102(9) of title 40, United States Code.
(4) Excess.--The term ``excess'', with respect to Federal
real property, means excess property as defined in section
102(3) of title 40, United States Code.
(5) Eligible entity.--The term ``eligible entity'' means a
limited liability company, limited partnership, corporation,
business trust, nonprofit entity, or such other form of entity
as the head of a covered agency may designate.
(j) Reports by Government Accountability Office.--The Comptroller
General of the United States shall submit to Congress two reports on
the effectiveness of the public-private agreement pilot program under
this section. The first report shall be submitted not later than 5
years after the date of the enactment of this section, and the second
report shall be submitted not later than 10 years after such date of
enactment. Each report shall include specific recommendations on how
best to use public-private agreements in all Federal agencies to
improve Federal real property management. | Federal Property Low Hanging Fruit Act This bill authorizes the Department of Agriculture, the Department of Energy, and the General Services Administration (covered agencies) to develop and carry out a plan to enter into agreements with eligible entities (defined to include a limited liability company, limited partnership, corporation, business trust, or nonprofit entity) to: (1) lease underutilized or excess federal real properties; and (2) develop, rehabilitate, or renovate facilities on such leased properties for the benefit of such agencies. Each covered agency shall identify between 5 and 10 federal real properties to be offered for lease under such agreements. Each agreement shall: (1) have as its primary purpose the enhancement of the functional and economic efficiency of federal real property; and (2) provide a fair market value lease option to the United States to occupy space in the facilities acquired, constructed, or rehabilitated under the agreement but shall not guarantee occupancy by the United States. A covered agency may: (1) provide services to the eligible entity that is party to the agreement, and (2) retain and use any revenues derived from such agreements for federal property management activities. The plan of a covered agency shall: (1) identify the federal real properties that the agency proposes to make available under such agreements, and (2) include project performance measures. A covered agency must submit to Congress: (1) all agreements to be entered into under the agency's plan within 3 years after enactment of this bill; and (2) the final draft of each agreement at least 30 days before entering into it. The Government Accountability Office shall submit to Congress reports on the effectiveness of the public-private agreement pilot program under this bill. | Federal Property Low Hanging Fruit Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Hospitals Education
Equity and Research (CHEER) Act of 2005''.
SEC. 2. REAUTHORIZATION OF CHILDREN'S HOSPITALS GRADUATE MEDICAL
EDUCATION PROGRAM.
(a) Extension of Program.--Section 340E(a) of the Public Health
Service Act (42 U.S.C. 256e(a)) is amended by striking ``2005'' and
inserting ``2010''.
(b) Direct Graduate Medical Education.--Section 340E(c) of the
Public Health Service Act (42 U.S.C. 256e(c)) is amended--
(1) in paragraph (1)(B), by inserting ``but without giving
effect to section 1886(h)(7) of such Act)'' after ``section
1886(h)(4) of the Social Security Act''; and
(2) in paragraph (2)(E)(ii), by striking ``described in
subparagraph (C)(ii)'' and inserting ``applied under section
1886(d)(3)(E) of the Social Security Act for discharges
occurring during the preceding fiscal year''.
(c) Nature of Payments.--Section 340E(e)(3) of the Public Health
Service Act (42 U.S.C. 256e(e)(3)) is amended by striking ``made to
pay'' and inserting ``made and pay''.
(d) Authorization of Appropriations.--Section 340E(f) of the Public
Health Service Act (42 U.S.C. 256e(f)) is amended--
(1) in paragraph (1)(A)--
(A) in clause (ii), by striking ``and'';
(B) in clause (iii), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
``(iv) for fiscal year 2006, $110,000,000;
and
``(v) for each of fiscal years 2007 through
2010, such sums as may be necessary.''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``There are hereby
authorized'' and inserting ``There are
authorized''; and
(ii) by striking ``(b)(1)(A)'' and
inserting ``(b)(1)(B)'';
(B) in subparagraph (B), by striking ``and'';
(C) in subparagraph (C), by striking the period and
inserting a semicolon; and
(D) by adding at the end the following:
``(D) for fiscal year 2006, $220,000,000; and
``(E) for each of fiscal years 2007 through 2010,
such sums as may be necessary.''.
(e) Technical Amendment.--Section 340E(e)(2) of the Public Health
Service Act (42 U.S.C. 256e(e)(2)) is amended by striking the first
sentence.
(f) Extending Availability of Funds Through the Following Fiscal
Year.--
(1) In general.--Section 340E(f) of the Public Health
Service Act (42 U.S.C. 256e(f)) is amended--
(A) in paragraph (1)(B)--
(i) by inserting ``or for fiscal year 2006
(or any succeeding fiscal year)'' after ``for
fiscal year 2000''; and
(ii) by striking ``fiscal year 2001'' and
inserting ``the end of the succeeding fiscal
year''; and
(B) by adding at the end of paragraph (2) the
following:
``The amounts appropriated under this paragraph for a fiscal
year (beginning with fiscal year 2006) shall remain available
for obligation through the end of the succeeding fiscal
year.''.
(2) Conforming amendment.--Section 340E(b)(2)(A) of the
Public Health Service Act (42 U.S.C. 256e(b)(2)(A)) is amended
by inserting before the period at the end the following: ``plus
the funds remaining available from the previous fiscal year
under paragraph (1)(B) or the second sentence of paragraph (2),
respectively, of such subsection''.
(g) Redistribution of Recouped Amounts.--Section 340E(e)(3) of the
Public Health Service Act (42 U.S.C. 256e(e)(3)) is amended by striking
``to the extent possible.'' and inserting a period and the following:
``To the greatest extent possible, amounts recouped from a hospital are
to be distributed to other hospitals in the same fiscal year. Unless
there is fraud, amounts paid to a hospital without a demand for
recoupment by the end of the fiscal year shall be final and not subject
to recoupment.''.
(h) Appeals Procedures.--Section 340E(e) of the Public Health
Service Act (42 U.S.C. 256e(e)) is amended--
(1) in paragraph (3), by striking the last sentence; and
(2) by adding at the end the following:
``(4) Appeals.--
``(A) In general.--A decision affecting the amount
payable to a hospital pursuant to this section shall--
``(i) be subject to review under section
1878 of the Social Security Act in the same
manner as final determinations of the amount of
payment under section 1886(d) of such Act are
subject to review; and
``(ii) be handled expeditiously so that the
review decision is reflected in the final
reconciliation for the year in which the appeal
is made.
``(B) Limitation.--A review decision pursuant to
this paragraph shall not affect payments for a fiscal
year prior to the fiscal year in which the review
decision is rendered.
``(C) Application to subsequent fiscal years.--The
Secretary shall apply a review decision under this
paragraph in determining the amount of payment for the
appealing hospital in the fiscal year in which the
decision is rendered and in subsequent fiscal years,
unless the law at issue in the review decision is
amended or there are material differences between the
facts for the fiscal year for which the review decision
is rendered and the fiscal year for which payment is
made. Nothing in this section shall be construed to
prohibit a hospital from seeking review of similar
determinations in subsequent fiscal years.''. | Children's Hospitals Education Equity and Research (CHEER) Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to make payments through FY 2010 (currently, through FY 2005) to children's hospitals for expenses associated with operating approved graduate medical residency training programs.
Excludes reductions for unused resident positions when calculating the number of full-time residents in a children's hospital's approved training program for purposes of reimbursing direct expenses.
Requires the Secretary to adjust the proportion of such a hospital's costs attributable to wages for differences in hospital wage levels by geographic area.
Authorizes appropriations through FY 2010 for direct and indirect expenses associated with operating such programs.
Requires that funds appropriated for such programs for a fiscal year remain available for obligation through the end of the succeeding fiscal year.
Limits the ability to recoup funds unless a demand for recoupment is made by the end of the fiscal year.
Sets forth an appeals procedure and limitations on retroactivity for decisions affecting the amount of payments to a hospital for such programs. | To reauthorize the Children's Hospitals Graduate Medical Education Program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Magnitsky Human Rights
Accountability Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(2) Person.--The term ``person'' means an individual or
entity.
(3) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity.
SEC. 3. AUTHORIZATION OF IMPOSITION OF SANCTIONS.
(a) In General.--The President may impose the sanctions described
in subsection (b) with respect to any foreign person the President
determines, based on credible evidence--
(1) is responsible for extrajudicial killings, torture, or
other gross violations of internationally recognized human
rights committed against individuals in any foreign country who
seek--
(A) to expose illegal activity carried out by
government officials; or
(B) to obtain, exercise, defend, or promote
internationally recognized human rights and freedoms,
such as the freedoms of religion, expression,
association, and assembly, and the rights to a fair
trial and democratic elections;
(2) acted as an agent of or on behalf of a foreign person
in a matter relating to an activity described in paragraph (1);
(3) is a government official, or a senior associate of such
an official, that is responsible for, or complicit in,
ordering, controlling, or otherwise directing, acts of
significant corruption, including the expropriation of private
or public assets for personal gain, corruption related to
government contracts or the extraction of natural resources,
bribery, or the facilitation or transfer of the proceeds of
corruption to foreign jurisdictions; or
(4) has materially assisted, sponsored, or provided
financial, material, or technological support for, or goods or
services in support of, an activity described in paragraph (3).
(b) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Inadmissibility to united states.--In the case of a
foreign person who is an individual--
(A) ineligibility to receive a visa to enter the
United States or to be admitted to the United States;
or
(B) if the individual has been issued a visa or
other documentation, revocation, in accordance with
section 221(i) of the Immigration and Nationality Act
(8 U.S.C. 1201(i)), of the visa or other documentation.
(2) Blocking of property.--
(A) In general.--The blocking, in accordance with
the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.), of all transactions in all
property and interests in property of a foreign person
if such property and interests in property are in the
United States, come within the United States, or are or
come within the possession or control of a United
States person.
(B) Inapplicability of national emergency
requirement.--The requirements of section 202 of the
International Emergency Economic Powers Act (50 U.S.C.
1701) shall not apply for purposes of this section.
(C) Exception relating to importation of goods.--
(i) In general.--The authority to block and
prohibit all transactions in all property and
interests in property under subparagraph (A)
shall not include the authority to impose
sanctions on the importation of goods.
(ii) Good.--In this subparagraph, the term
``good'' has the meaning given that term in
section 16 of the Export Administration Act of
1979 (50 U.S.C. App. 2415) (as continued in
effect pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.)).
(c) Consideration of Certain Information in Imposing Sanctions.--In
determining whether to impose sanctions under subsection (a), the
President shall consider--
(1) information provided by the chairperson and ranking
member of each of the appropriate congressional committees; and
(2) credible information obtained by other countries and
nongovernmental organizations that monitor violations of human
rights.
(d) Requests by Chairperson and Ranking Member of Appropriate
Congressional Committees.--Not later than 120 days after receiving a
written request from the chairperson and ranking member of one of the
appropriate congressional committees with respect to whether a foreign
person has engaged in an activity described in subsection (a), the
President shall--
(1) determine if that person has engaged in such an
activity; and
(2) submit a report to the chairperson and ranking member
of that committee with respect to that determination that
includes--
(A) a statement of whether or not the President
imposed or intends to impose sanctions with respect to
the person; and
(B) if the President imposed or intends to impose
sanctions, a description of those sanctions.
(e) Exception To Comply With United Nations Headquarters Agreement
and Law Enforcement Objectives.--Sanctions under subsection (b)(1)
shall not apply to an individual if admitting the individual into the
United States would further important law enforcement objectives or is
necessary to permit the United States to comply with the Agreement
regarding the Headquarters of the United Nations, signed at Lake
Success June 26, 1947, and entered into force November 21, 1947,
between the United Nations and the United States, or other applicable
international obligations of the United States.
(f) Enforcement of Blocking of Property.--A person that violates,
attempts to violate, conspires to violate, or causes a violation of
subsection (b)(2) or any regulation, license, or order issued to carry
out subsection (b)(2) shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) to the same extent as a person
that commits an unlawful act described in subsection (a) of that
section.
(g) Termination of Sanctions.--The President may terminate the
application of sanctions under this section with respect to a person if
the President determines and reports to the appropriate congressional
committees not later than 15 days before the termination of the
sanctions that--
(1) credible information exists that the person did not
engage in the activity for which sanctions were imposed;
(2) the person has been prosecuted appropriately for the
activity for which sanctions were imposed;
(3) the person has credibly demonstrated a significant
change in behavior, has paid an appropriate consequence for the
activity for which sanctions were imposed, and has credibly
committed to not engage in an activity described in subsection
(a) in the future; or
(4) the termination of the sanctions is in the vital
national security interests of the United States.
(h) Regulatory Authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry out this
section.
(i) Identification of Sanctionable Foreign Persons.--The Assistant
Secretary of State for Democracy, Human Rights, and Labor, in
consultation with the Assistant Secretary of State for Consular Affairs
and other bureaus of the Department of State, as appropriate, is
authorized to submit to the Secretary of State, for review and
consideration, the names of foreign persons who may meet the criteria
described in subsection (a).
(j) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Banking, Housing, and Urban Affairs
and the Committee on Foreign Relations of the Senate; and
(2) the Committee on Financial Services and the Committee
on Foreign Affairs of the House of Representatives.
SEC. 4. REPORTS TO CONGRESS.
(a) In General.--The President shall submit to the appropriate
congressional committees, in accordance with subsection (b), a report
that includes--
(1) a list of each foreign person with respect to which the
President imposed sanctions pursuant to section 3 during the
year preceding the submission of the report;
(2) a description of the type of sanctions imposed with
respect to each such person;
(3) the number of foreign persons with respect to which the
President--
(A) imposed sanctions under section 3(a) during
that year; and
(B) terminated sanctions under section 3(g) during
that year;
(4) the dates on which such sanctions were imposed or
terminated, as the case may be;
(5) the reasons for imposing or terminating such sanctions;
and
(6) a description of the efforts of the President to
encourage the governments of other countries to impose
sanctions that are similar to the sanctions authorized by
section 3.
(b) Dates for Submission.--
(1) Initial report.--The President shall submit the initial
report under subsection (a) not later than 120 days after the
date of the enactment of this Act.
(2) Subsequent reports.--
(A) In general.--The President shall submit a
subsequent report under subsection (a) on December 10,
or the first day thereafter on which both Houses of
Congress are in session, of--
(i) the calendar year in which the initial
report is submitted if the initial report is
submitted before December 10 of that calendar
year; and
(ii) each calendar year thereafter.
(B) Congressional statement.--Congress notes that
December 10 of each calendar year has been recognized
in the United States and internationally since 1950 as
``Human Rights Day''.
(c) Form of Report.--
(1) In general.--Each report required by subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.
(2) Exception.--The name of a foreign person to be included
in the list required by subsection (a)(1) may be submitted in
the classified annex authorized by paragraph (1) only if the
President--
(A) determines that it is vital for the national
security interests of the United States to do so;
(B) uses the annex in a manner consistent with
congressional intent and the purposes of this Act; and
(C) not later than 15 days before submitting the
name in a classified annex, provides to the appropriate
congressional committees notice of, and a justification
for, including the name in the classified annex despite
any publicly available credible information indicating
that the person engaged in an activity described in
section 3(a).
(d) Public Availability.--
(1) In general.--The unclassified portion of the report
required by subsection (a) shall be made available to the
public, including through publication in the Federal Register.
(2) Nonapplicability of confidentiality requirement with
respect to visa records.--The President shall publish the list
required by subsection (a)(1) without regard to the
requirements of section 222(f) of the Immigration and
Nationality Act (8 U.S.C. 1202(f)) with respect to
confidentiality of records pertaining to the issuance or
refusal of visas or permits to enter the United States.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Appropriations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Foreign
Relations, and the Committee on the Judiciary of the Senate;
and
(2) the Committee on Appropriations, the Committee on
Financial Services, the Committee on Foreign Affairs, and the
Committee on the Judiciary of the House of Representatives.
Passed the Senate December 17, 2015.
Attest:
JULIE E. ADAMS,
Secretary. | Global Magnitsky Human Rights Accountability Act (Sec. 3) This bill authorizes the President to impose U.S. entry and property sanctions against any foreign person (or entity) who: is responsible for extrajudicial killings, torture, or other gross violations of internationally recognized human rights committed against individuals in any foreign country seeking to expose illegal activity carried out by government officials, or to obtain, exercise, or promote human rights and freedoms; acted as an agent of or on behalf of a foreign person in such activities; is a government official or senior associate of such official responsible for, or complicit in, ordering or otherwise directing acts of significant corruption, including the expropriation of private or public assets for personal gain, corruption related to government contracts or the extraction of natural resources, bribery, or the facilitation or transfer of the proceeds of corruption to foreign jurisdictions; or has materially assisted or provided financial, material, or technological support for, or goods or services in support of, such activities. The authority to block and prohibit transactions in property and property interests shall not include the authority to impose sanctions on the importation of goods (any article, natural or man made substance, material, supply or manufactured product, including inspection and test equipment, excluding technical data). The President shall, after receiving a request from the chairperson and ranking member of one of the appropriate congressional committees with respect to whether a foreign person has engaged in a prohibited activity: determine if the person has engaged in such an activity; and report to the chairperson and ranking member whether or not the President imposed or intends to impose specified sanctions against the person. Sanctions shall not apply to an individual as necessary for law enforcement purposes, or to comply with the Agreement between the United Nations (U.N.) and the United States regarding the U.N. Headquarters or other applicable international obligations of the United States. The President may terminate sanctions under specified conditions. The Assistant Secretary of State for Democracy, Human Rights, and Labor may submit to the Department of State the names of foreign persons who may meet the sanctions criteria. (Sec. 4) The President shall report to Congress annually regarding each foreign person sanctioned, the type of sanctions imposed, and the reason for their imposition. | Global Magnitsky Human Rights Accountability Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Theodore Roosevelt Commemorative
Coin Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Theodore Roosevelt, one of America's greatest
Presidents, was born on October 27, 1858, in New York City, New
York;
(2) at the young age of 23, Theodore Roosevelt was elected
to the first of 3 terms as a representative in the New York
State Assembly (1882-1884);
(3) President William Harrison appointed Theodore Roosevelt
as the United States Civil Service Commissioner in 1889, a post
he held until 1895, serving 2 successive Presidents;
(4) from 1895 to 1897, Theodore Roosevelt served as
Commissioner of the New York City Police Department;
(5) while serving as Assistant Secretary of the Navy under
President William McKinley in 1897 and 1898, Theodore Roosevelt
organized the First United States Volunteer Cavalry Regiment,
popularly known as the ``Rough Riders'', and served as Colonel
of this regiment during the Spanish-American War;
(6) from 1898 to 1900, Theodore Roosevelt served as
Governor of New York;
(7) in 1900, upon the reelection of President McKinley,
Theodore Roosevelt was elected as the 25th Vice-President of
the United States;
(8) as the 26th President of the United States beginning in
1901, Theodore Roosevelt took a very active role in foreign
affairs, establishing the United States as a new world power,
and instituting broad reforms at home, particularly with
respect to labor, monopolies, and conservation, until the end
of his presidency in 1909;
(9) Theodore Roosevelt's commitment to conservation stemmed
from his experiences as a rancher in the badlands of North
Dakota from 1883 to 1886 and earned him the title of the
``Conservationist President'' for his efforts in establishing
51 Bird Reserves, 4 Game Preserves, 150 National Forests, 5
National Parks, and 18 National Monuments, totaling nearly
230,000,000 acres of land placed under public protection during
his presidency;
(10) on January 16, 2001, Theodore Roosevelt was
posthumously awarded the Congressional Medal of Honor for
leading a charge up the San Juan Heights in Cuba during the
Spanish-American War, shortly before the war ended, thereby
becoming the first President of the United States to be awarded
the Congressional Medal of Honor; and
(11) 2006 marks the 100th anniversary of Theodore Roosevelt
being awarded the Nobel Peace Prize, the first citizen of the
United States to receive such prize, for negotiating the 1905
peace treaty ending the Russo-Japanese War.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall mint and issue the following
coins:
(1) $1 silver coins with rough rider design.--Not more than
500,000 $1 coins bearing the designs specified in section
4(a)(2), each of which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(2) $1 silver coins with adventurer design.--Not more than
500,000 $1 coins bearing the designs specified in section
4(a)(3), each of which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(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.
(d) Use of the United States Mint at West Point, New York.--It is
the sense of 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.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall--
(A) be emblematic of the life and legacy of
President Theodore Roosevelt; and
(B) use the designs of James Earle Fraser or
Augustus Saint-Gaudens, 2 sculptors most closely
associated with the revitalization of the United States
coinage, commonly referred to as the ``Golden Age of
American Coin Design'', that was initiated by President
Theodore Roosevelt.
(2) $1 coins with rough rider design.--
(A) Obverse.--The obverse of the coins minted under
section 3(a)(1) shall bear the image of Theodore
Roosevelt as a Rough Rider that was used on the James
Earle Fraser medal of 1920.
(B) Reverse.--The reverse of the coins minted under
section 3(a)(1) shall bear the eagle design, with
motto, from the $20 gold ``double eagle'' coin produced
between 1907 and 1933 and designed by Augustus Saint-
Gaudens.
(3) $1 coins with adventurer design.--
(A) Obverse.--The obverse of the coins minted under
section 3(a)(2) shall bear the image of Theodore
Roosevelt on horseback, based on James Earle Fraser's
monumental 16-foot high bronze equestrian figure of
Roosevelt that--
(i) stands at the east front of the
American Museum of Natural History in New York
City; and
(ii) recognizes Roosevelt's lifelong
activity as a naturalist and conservationist
and emphasizes him as an adventurer,
outdoorsman, and hunter.
(B) Reverse.--The reverse of the coins minted under
section 3(a)(2) shall bear the design based on the
reverse designs by James Earle Fraser used on the
Roosevelt Memorial Association Medal of Honor and the
Association's Founders Medal that--
(i) depict the crusader's flaming sword of
righteousness and evoke the ``Big Stick''
philosophy espoused by President Roosevelt; and
(ii) to the left and right of the flaming
sword in 4 lines bear the quotation ``If I Must
Choose Between Righteousness and Peace, I
Choose Righteousness'' from Roosevelt's
historical work, ``Unwise Peace Treaties''.
(4) Designation and inscriptions.--Each coin minted under
this Act shall bear--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2006''; 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
(1) selected by the Secretary, after consultation with the
Commission of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee
established under section 5135 of title 31, United States Code.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1, 2006, except that the Secretary may
initiate sales of such coins, without issuance, before such date.
(c) Termination of Minting Authority.--No coins shall be minted
under this Act after December 31, 2006.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins minted 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 under section 7(a); and
(3) the cost of designing and issuing such 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
minted under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Sales of Single Coins and Sets of Coins.--Coins of each design
specified under section 4 may be sold separately or as a set containing
a coin of each such design.
SEC. 7. SURCHARGES.
(a) Surcharge Required.--All sales of coins minted under this Act
shall include a surcharge of $10 per coin.
(b) Distribution of Surcharges.--Subject to section 5134(f) of
title 31, United States Code, and in accordance with subsection (c) of
this section, all surcharges received by the Secretary from the sale of
coins minted under this Act shall be promptly paid by the Secretary
to--
(1) the Theodore Roosevelt Association, to be used
exclusively--
(A) for educational programs at Sagamore Hill
National Historic Site, including construction and
maintenance of a visitor's center; and
(B) to the extent that funds remain available, in
the discretion of the Theodore Roosevelt Association,
for the support of other curatorial activities that
preserve and enhance collections maintained by
institutions of higher learning dedicated to the study
and memory of Theodore Roosevelt; and
(2) the Theodore Roosevelt Medora Foundation, to be used
exclusively--
(A) for educational programs at and around the
Theodore Roosevelt National Park, including
construction of the Theodore Roosevelt Badlands
Institute in the badlands of North Dakota; and
(B) to the extent that funds remain available, in
the discretion of the Theodore Roosevelt Medora
Foundation, for the support of other curatorial
activities that preserve and enhance collections
maintained by institutions of higher learning dedicated
to the study and memory of Theodore Roosevelt.
(c) Distribution of Amounts.--With respect to surcharges received
under this section--
(1) 70 percent of any such surcharges received shall be
paid to the Theodore Roosevelt Association; and
(2) 30 percent any such surcharges received shall be paid
to the Theodore Roosevelt Medora Foundation.
(d) Audits.--The Theodore Roosevelt Association and the Theodore
Roosevelt Medora Foundation shall be subject to the audit requirements
under section 5134(f)(2) of title 31, United States Code.
SEC. 8. CONTINUED ISSUANCE OF 5-CENT COINS MINTED IN 2004 AND 2005.
Notwithstanding the fifth sentence of section 5112(d)(1) of title
31, United States Code, the Secretary of the Treasury may continue to
issue, after December 31, 2005, numismatic items that contain 5-cent
coins minted in the years 2004 and 2005.
SEC. 9. LEWIS AND CLARK COIN AMENDMENTS.
Section 308 of the Lewis and Clark Expedition Bicentennial
Commemorative Coin Act (31 U.S.C. 5112 note) is amended--
(1) in subsection (a), by striking ``Secretary as:'' and
all that follows through the end of the subsection and
inserting the following: ``Secretary for expenditure on
activities associated with commemorating the bicentennial of
the Lewis and Clark Expedition, as follows:
``(1) National council of the lewis and clark
bicentennial.--One-half to the National Council of the Lewis
and Clark Bicentennial.
``(2) Missouri historical society.--One-half to the
Missouri Historical Society.'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following:
``(b) Transfer of Unexpended Funds.--Any proceeds referred to in
subsection (a) that were dispersed by the Secretary and remain
unexpended by the National Council of the Lewis and Clark Bicentennial
or the Missouri Historical Society as of June 30, 2007, shall be
transferred to the Lewis and Clark Trail Heritage Foundation for the
purpose of establishing a trust for the stewardship of the Lewis and
Clark National Historic Trail.''.
Passed the Senate December 16, 2005.
Attest:
Secretary.
109th CONGRESS
1st Session
S. 863
_______________________________________________________________________
AN ACT
To require the Secretary of the Treasury to mint coins in commemoration
of the centenary of the bestowal of the Nobel Peace Prize on President
Theodore Roosevelt, and for other purposes. | Theodore Roosevelt Commemorative Coin Act - (Sec. 3) Directs the Secretary of the Treasury to mint and issue $1 silver coins: (1) emblematic of the life and legacy of President Theodore Roosevelt, bearing his image as a Rough Rider on one side and an eagle design on the other side; and (2) bearing his image on horseback on one side and depicting a flaming sword of righteousness on the other side.
Expresses the sense of Congress that the coins should be struck at the U.S. Mint at West Point, New York.
(Sec. 5) Authorizes the Secretary to: (1) issue such coins beginning on January 1, 2006; and (2) initiate coin sales before such date. (2006 will mark the 100th anniversary of Roosevelt's award of the Nobel Peace Prize.)
(Sec. 7) Requires payment of $10 surcharges from the coin sales to: (1) the Theodore Roosevelt Association, to be used exclusively for educational programs at Sagamore Hill National Historic Site, including a visitor's center; and (2) the Theodore Roosevelt Medora Foundation, to be used exclusively for educational programs at and around the Theodore Roosevelt National Park, including construction of the Theodore Roosevelt Badlands Institute in the badlands of North Dakota.
Requires that: (1) 70 % of surcharges received be paid to the Theodore Roosevelt Association; and (2) 30 % of surcharges received be paid to the Theodore Roosevelt Medora Foundation.
(Sec. 8) Authorizes the Secretary to continue to issue, after December 31, 2005, numismatic items that contain 5-cent coins minted in the years 2004 and 2005.
(Sec. 9) Amends the Lewis and Clark Expedition Bicentennial Commemorative Coin Act to instruct the Secretary to distribute one-half of surcharge proceeds to the National Council of the Lewis and Clark Bicentennial, and one-half to the Missouri Historical Society.
Requires that funds that remain unexpended by the National Council of the Lewis and Clark Bicentennial or the Missouri Historical Society as of June 30, 2007, be transferred to the Lewis and Clark Trail Heritage Foundation to establish a trust for the stewardship of the Lewis and Clark National Historic Trail. | A bill to require the Secretary of the Treasury to mint coins in commemoration of the centenary of the bestowal of the Nobel Peace Prize on President Theodore Roosevelt, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Financial Policy
Committee For Fair Capital Standards Act''.
SEC. 2. UNITED STATES FINANCIAL POLICY COMMITTEE.
(a) Establishment.--There is hereby established an inter-agency
committee, to be known as the ``United States Financial Policy
Committee'' (hereafter in this Act referred to as the ``Committee''),
which shall consist of--
(1) the Secretary of the Treasury, who shall serve as the
Chairperson of the Committee;
(2) the Chairman of the Board of Governors of the Federal
Reserve System;
(3) the Comptroller of the Currency; and
(4) the Chairperson of the Federal Deposit Insurance
Corporation.
(b) Purpose.--The purpose of the Committee is to develop uniform
United States positions on proposals made to, and issues before, the
Basel Committee on Banking Supervision that, if implemented, may
directly or indirectly affect United States financial institutions.
(c) Meetings.--The Committee shall meet before any meeting of the
Basel Committee on Banking Supervision and any other time the
Chairperson or any member of the Committee calls for a meeting.
(d) Adherence to Committee Position.--
(1) In general.--Each member of the Committee that is a
participant on the Basel Committee on Banking Supervision shall
adhere to the positions of the Committee in any negotiations of
the Basel Committee on Banking Supervision.
(2) Lack of uniform position.--If the members of the
Committee that are participants on the Basel Committee on
Banking Supervision are unable to agree on a uniform position
on an issue, the position of the Secretary of the Treasury
shall be determinative for purposes of paragraph (1) with
respect to such issue.
(e) Reports to the Congress.--
(1) Annual report.--
(A) In general.--The Committee shall submit an
annual report to the Congress on the proceedings of the
Committee during the period covered by the report.
(B) Contents of report.--The report shall include--
(i) a brief description of issues that were
addressed by the Committee;
(ii) a brief description of the uniform
positions developed by the Committee with
respect to such issues; and
(iii) in the case of any issue for which a
uniform policy was not agreed to, a brief
description of the positions of the parties to
the disagreement and an explanation of the
reasons why the parties could not reach an
agreement.
(2) Reports to the congress prior to agreement on any basel
accord.--
(A) In general.--No Federal banking agency (as
defined in section 3(z) of the Federal Deposit
Insurance Act) may agree to any proposed recommendation
of the Basel Committee on Banking Supervision before
the agency submits a report on the proposed
recommendation to the Congress.
(B) Consultations.--The head of any Federal banking
agency that submits a report to the Congress under
subparagraph (A) shall consult with the Congress
concerning the proposal.
(3) Evaluation of new basel capital accord before report.--
Before submitting a report to the Congress under paragraph (2)
with respect to the New Basel Capital Accord, as revised
through the Third Consultative Paper published on April 29,
2003, or any subsequent revisions or final agreement, the
Federal banking agencies (as defined in section 3(z) of the
Federal Deposit Insurance Act), in consultation with the
Secretary of the Treasury, shall evaluate the impact of the
revised Capital Accord, taking into account the following
factors, and shall include such evaluation in the report:
(A) The cost and complexity of the proposal.
(B) The impact of the proposal on small, medium,
and large financial institutions.
(C) The impact of the proposal on real estate
markets.
(D) The effect of an operational risk capital
standard on the resilience of the Nation's financial
system and competition.
(E) The impact of the proposal on competition
between banks and other financial institutions.
(F) The need for additional training for
supervision and examination personnel.
(G) Any comments filed by the public after notice
and an opportunity to comment for a period of not less
than 60 days.
(H) The relative impact of compliance by domestic
banks.
(f) Administrative Support Services.--Each agency represented on
the Committee shall provide such administrative support services as may
be necessary for the Committee to carry out its responsibilities under
this Act. | United States Financial Policy Committee For Fair Capital Standards Act - Establishes an inter-agency United States Financial Policy Committee to develop uniform U.S. positions on proposals made to, and issues before, the Basel Committee on Banking Supervision that, if implemented, may directly or indirectly affect U.S. financial institutions.
Prohibits any Federal banking agency from agreeing to any proposed recommendation of the Basel Committee before the agency reports on it to the Congress.
Requires such agencies, before reporting to Congress with respect to the New Basel Capital Accord, as revised through the Third Consultative Paper published on April 29, 2003, or any subsequent revisions or final agreement, to evaluate its impact, taking specified factors into account. | To establish a mechanism for developing uniform United States positions on issues before the Basel Committee on Banking Supervision at the Bank for International Settlements, to require a review on the most recent recommendation of the Basel Committee for an accord on capital standards, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Price Index for Elderly
Consumers Act of 2005''.
SEC. 2. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS.
(a) In General.--The Bureau of Labor Statistics of the Department
of Labor shall prepare and publish an index for each calendar month to
be known as the ``Consumer Price Index for Elderly Consumers'' that
indicates changes over time in expenditures for consumption which are
typical for individuals in the United States who are 62 years of age or
older.
(b) Effective Date.--Subsection (a) shall apply with respect to
calendar months ending on or after July 31 of the calendar year
following the calendar year in which this Act is enacted.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the provisions of
this section.
SEC. 3. COMPUTATION OF COST-OF-LIVING INCREASES.
(a) Amendments to Title II.--
(1) In general.--Section 215(i) of the Social Security Act
(42 U.S.C. 415(i)) is amended--
(A) in paragraph (1)(G), by inserting before the
period the following: ``, and, solely with respect to
any monthly insurance benefit payable under this title
to an individual who has attained age 62, effective for
adjustments under this subsection to the primary
insurance amount on which such benefit is based (or to
any such benefit under section 227 or 228) occurring
after such individual attains such age, the applicable
Consumer Price Index shall be deemed to be the Consumer
Price Index for Elderly Consumers and such primary
insurance amount shall be deemed adjusted under this
subsection using such Index''; and
(B) in paragraph (4), by striking ``and by section
9001'' and inserting ``, by section 9001'', and by
inserting after ``1986,'' the following: ``and by
section 3(a) of the Consumer Price Index for Elderly
Consumers Act,''.
(2) Conforming amendments in applicable former law.--
Section 215(i)(1)(C) of such Act, as in effect in December 1978
and applied in certain cases under the provisions of such Act
in effect after December 1978, is amended by inserting before
the period the following: ``, and, solely with respect to any
monthly insurance benefit payable under this title to an
individual who has attained age 62, effective for adjustments
under this subsection to the primary insurance amount on which
such benefit is based (or to any such benefit under section 227
or 228) occurring after such individual attains such age, the
applicable Consumer Price Index shall be deemed to be the
Consumer Price Index for Elderly Consumers and such primary
insurance amount shall be deemed adjusted under this subsection
using such Index''.
(3) Effective date.--The amendments made by paragraph (1)
shall apply to determinations made by the Commissioner of
Social Security under section 215(i)(2) of the Social Security
Act (42 U.S.C. 415(i)(2)) with respect to cost-of-living
computation quarters ending on or after September 30 of the
second calendar year following the calendar year in which this
Act is enacted.
(b) Amendments to Title XVIII.--
(1) In general.--Title XVIII of such Act (42 U.S.C. 1395 et
seq.) is amended--
(A) in section 1814(i)(2)(B), by inserting ``(i)
for accounting years ending before October 1 of the
second calendar year following the calendar year in
which the Consumer Price Index for Elderly Consumers
Act was enacted,'' after ``for a year is'', and by
inserting after ``fifth month of the accounting year''
the following: ``, and (ii) for accounting years ending
after October 1 of such calendar year, the cap amount
determined under clause (i) for the last accounting
year referred to in such clause, increased or decreased
by the same percentage as the percentage increase or
decrease, respectively, in the medical care expenditure
category (or corresponding category) of the Consumer
Price Index for Elderly Consumers, published by the
Bureau of Labor Statistics, from March of such calendar
year to the fifth month of the accounting year'';
(B) in section 1821(c)(2)(C)(ii)(II), by striking
``consumer price index for all urban consumers (all
items; United States city average)'' and inserting
``Consumer Price Index for Elderly Consumers'';
(C) in section 1833(h)(2)(A)(i), by striking
``Consumer Price Index for All Urban Consumers (United
States city average)'' and inserting ``Consumer Price
Index for Elderly Consumers'';
(D) in section 1833(i)(2)(C)(i), by striking
``Consumer Price Index for all urban consumers (U.S.
city average)'' and inserting ``Consumer Price Index
for Elderly Consumers'';
(E) in section 1834(a)(14)(J), by striking
``consumer price index for all urban consumers (U.S.
city average)'' and inserting ``Consumer Price Index
for Elderly Consumers'';
(F) in section 1834(h)(4)(A)(x), by striking
``consumer price index for all urban consumers (United
States city average)'' and inserting ``Consumer Price
Index for Elderly Consumers'';
(G) in section 1834(l)(3)(B), by striking
``consumer price index for all urban consumers (U.S.
city average)'' and inserting ``Consumer Price Index
for Elderly Consumers'';
(H) in section 1839(i)(5)(A)(ii), by striking
``Consumer Price Index (U.S. city average)'' and
inserting ``Consumer Price Index for Elderly
Consumers'';
(I) in section 1842(s)(1), by striking ``consumer
price index for all urban consumers (United States city
average)'' and inserting ``Consumer Price Index for
Elderly Consumers'';
(J) in each of subparagraphs (D)(ii) and (E)(i)(II)
of section 1860D-14(a)(3)(D)(ii) and in each of clauses
(i) and (ii) of section 1860D-14(a)(4)(A), by striking
``consumer price index (all items; U.S. city average)''
and inserting ``Consumer Price Index for Elderly
Consumers'';
(K) in section 1882(p)(11)(C)(ii), by striking
``Consumer Price Index for all urban consumers (all
items; U.S. city average)'' and inserting ``Consumer
Price Index for Elderly Consumers'';
(L) in each of clauses (iv) and (vi)(II) of section
1886(h)(2)(E), by striking ``for all urban consumers'';
and
(M) in section 1886(h)(5)(B), by striking
``Consumer Price Index for All Urban Consumers (United
States city average)'' and inserting ``Consumer Price
Index for Elderly Consumers''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to determinations made for periods
ending after December 31 of the second calendar year following
the calendar year in which this Act was enacted. | Consumer Price Index for Elderly Consumers Act of 2005 - Directs the Bureau of Labor Statistics of the Department of Labor to prepare and publish a monthly Consumer Price Index for Elderly Consumers (CPI) that indicates changes over time in expenditures for consumption which are typical for individuals aged 62 years of age or older. Authorizes appropriations.
Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVIII (Medicare) to provide for the use of such new CPI in the computation of cost-of-living increases for Social Security and Medicare benefits under such programs. | To require the establishment of a Consumer Price Index for Elderly Consumers to compute cost-of-living increases for Social Security and Medicare benefits under titles II and XVIII of the Social Security Act. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Information Independence
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Access to accurate information at the point of sale
concerning the effect of nutrients on disease is indispensable
to the exercise of informed consumer choice in the marketplace
and to the health and welfare of the American people.
(2) In 1999, 2000, and 2001, Federal courts have held that
Food and Drug Administration suppression of nutrient-disease
information is a violation of the First Amendment to the United
States Constitution.
(3) Despite those holdings and despite the courts' orders,
the Food and Drug Administration continues to suppress
nutrient-disease information that could improve public health,
reduce the costs of health care, and promote the welfare of the
American people.
(4) The history of the Food and Drug Administration review
of nutrient-disease relationships reveals a strong and
unscientific bias against food and dietary supplement health
claims in direct violation of the constitutional mandates of
Federal courts and the intent of Congress.
(5) The Food and Drug Administration favors suppression of
health claims over disclosure, despite court imposed
constitutional requirements to the contrary.
(6) To ensure that health claims are evaluated rationally,
fairly, and in compliance with constitutional requirements and
the intent of Congress, the federal government must be denied
authority to deny the public access to health information
absent probable cause that the claims are untrue, misleading or
pose a danger to human health and jurisdiction over health
claims evaluation must be removed from the Food and Drug
Administration and placed in the hands of Independent
Scientific Reviewers who do not harbor a bias against food and
dietary supplement health claims.
SEC. 3. AUTHORITY FOR MAKING HEALTH CLAIMS.
(a) Limitation on Agency Authority to Restrict Distribution.--
Notwithstanding any other provision of Federal law, the Federal
Government shall have no authority to restrict the distribution of any
dietary supplement or other nutritional food on the basis that the
manufacturer is making health claims unapproved by the Food and Drug
Administration if--
(1) the product has a label clearly stating that its health
claims are not FDA approved; and
(2) such Administration lacks evidence establishing
probable cause that the claims contain misleading information
posing a threat to the safety and well-being of those who use
such product.
(b) Independent Review of Agency Determination of Existence of
Probable Cause.--In the event that the Food and Drug Administration
determines that there is probable cause that the claims for a dietary
supplement or other nutritional food contain misleading information
posing a threat to the safety and well-being of those who use such
product, such Administration shall, before acting against the product
carrying the allegedly offensive claims, submit the claims to review
before an independent review board as described in the following
sections of this Act.
SEC. 4. DEFINITIONS.
Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321) is amended by adding at the end the following:
``(nn) The term `Independent Scientific Reviewer' means a person
who--
``(1) holds a Ph.D., an M.D., or both, and has been
employed full-time for at least the past 5 consecutive years as
a professor or assistant or associate professor in a department
of medicine, biochemistry, epidemiology, pharmacology,
pharmacognosy, or nutrition at a university that is accredited
by an organization recognized by the Department of Education of
the United States;
``(2) has never been employed by, and has never been
contracted to do work for, the Food and Drug Administration or
any other agency or office of the Department of Health and
Human Services (except to review health claim petitions under
section 403D);
``(3) has never been employed by, and has never been
contracted to do work for, the health claim petitioner;
``(4) signs an oath pledging to evaluate the health claim
petition provided to him or her by the Secretary in strict
accordance with the criteria specified in section 403D;
``(5) signs an oath pledging not to discuss with any person
the fact that he or she is reviewing the health claim petition
or the substance of the petition or the substance of the
evaluation before the results of the scientific review are
supplied in a complete written evaluation to the Secretary;
``(6) signs an oath pledging to supply complete copies of
all publicly available scientific evidence reviewed along with
a complete written evaluation of the health claim to the
Secretary no later than 180 days after receipt of the health
claim petition from the Secretary; and
``(7) signs an oath pledging to exercise independent
professional judgment, free of any external influence and any
unscientific bias that might interfere with the objective
evaluation of the health claim.''.
SEC. 5. HEALTH CLAIMS.
Section 403(r) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 343(r)) is amended--
(1) in subparagraph (1)--
(A) in the matter preceding clause (A)--
(i) by striking ``food intended'' and
inserting ``food or dietary supplement
intended''; and
(ii) by striking ``food which'' and
inserting ``food or dietary supplement which'';
and
(B) in clause (B)--
(i) by inserting after ``health-related
condition'' the following: ``(including any
statement that the nutrient prevents, treats,
or cures a disease)''; and
(ii) by striking ``or (5)(D)'';
(2) in subparagraph (3), by amending clause (B) to read as
follows:
``(B)(i) The Secretary shall promulgate no later than 30 days after
receiving an evaluation from an Independent Scientific Reviewer
regulations that authorize use on labels and in labeling of all claims
of the type described in subparagraph (1)(B) recommended for approval
by the Independent Scientific Reviewer together with such disclaimer or
disclaimers as the Independent Scientific Reviewer may also recommend.
``(ii) The duties of the Secretary described in subclause (i) are
nondelegable and may be discharged only by the Secretary.'';
(3) by striking subparagraph (4) and redesignating
subparagraph (5) as subparagraph (4); and
(4) in subparagraph (4) (as so redesignated), by striking
clause (D).
SEC. 6. INDEPENDENT SCIENTIFIC REVIEW.
Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
341 et seq.) is amended by inserting after section 403C the following
new section:
``SEC. 403D. INDEPENDENT SCIENTIFIC REVIEW.
``(a) Invitations to Participate.--No later than 30 days after the
date of the enactment of the Health Information Independence Act, and
every 180-days thereafter, the Secretary shall send to every department
of medicine, biochemistry, epidemiology, pharmacology, pharmacognosy,
and nutrition at every university that is accredited by an organization
recognized by the Secretary of Education a notice and invitation to
participate, stating the following:
``(1) Scientists employed by the university in its
departments of medicine, biochemistry, epidemiology,
pharmacology, pharmacognosy, or nutrition who possess a Ph.D.
or an M.D., or both, and have been either a full-time professor
or a full-time assistant or associate professor for at least
the past 5 consecutive years are invited to apply to the
Secretary to be Independent Scientific Reviewers in assessing
health claims made without a label clearing stating its health
claims are not approved by the Food and Drug Administration or
such Administration has evidence establishing probable cause
that the claims contain misleading information posing a threat
to the safety and well-being of those who use the product.
Health claims are statements of nutrient-disease association.
``(2) Scientists who qualify to be Independent Scientific
Reviewers will be selected at random by the Secretary to review
all publicly available scientific evidence on a particular
nutrient-disease association, must supply copies of all
evidence reviewed to the Secretary, and must supply a written
evaluation of that evidence and the health claim to the
Secretary no later than 180 days after receipt of the health
claim petition. The Independent Scientific Reviewer shall state
whether the claim is supported by scientific evidence and is,
therefore, recommended for approval. The Independent Scientific
Reviewer should only conclude that the health claim is not
supported by scientific evidence, and, therefore, not
recommended for approval, if the reviewer finds--
``(A) no credible scientific evidence supporting
the claim; and
``(B) no disclaimer that could accompany the claim
that could eliminate any potentially misleading
connotation conveyed by the claim.
Recommended disclaimers must be accurate and concise.
Disclaimers should reveal the extent of support for the claim
by stating whether evidence in support of the claim is less
than conclusive, e.g., that evidence in support of the claim is
preliminary and inconclusive, suggestive but not conclusive, or
generally accepted but not yet proven to a conclusive degree.
``(3) Independent Scientific Reviewers must complete their
reviews within 180 days of receipt of a health claim petition
from the Secretary.
``(4) To qualify to be an Independent Scientific Reviewer
you must certify in writing under penalty of perjury that--
``(A) you hold a Ph.D., an M.D., or both, and have
been employed full-time for at least the past 5
consecutive years as a professor, assistant professor,
or associate professor in a department of medicine,
biochemistry, epidemiology, pharmacology,
pharmacognosy, or nutrition at a university that is
accredited by an organization recognized by the
Department of Education of the United States;
``(B) you have never been employed by, and have
never been contracted to do work for, the Food and Drug
Administration or any other agency or office of the
Department of Health and Human Services (except to
review health claim petitions) or for the health claim
petitioner;
``(C) you will evaluate any health claim petition
submitted to you in strict accordance with the criteria
specified in section 403D;
``(D) you will not discuss with any person the fact
that you are reviewing the health claim petition or the
substance of the petition or the substance of the
evaluation before you submit a complete written
evaluation of the health claim to the Secretary;
``(E) you will complete your review of the health
claim petition and will supply your complete written
evaluation of it along with all scientific evidence
reviewed to the Secretary no later than 180 days after
receipt of the health claim petition from the
Secretary; and
``(F) you will exercise independent professional
judgment, free of any external influence and any
unscientific bias that might interfere with the
objective evaluation of the health claim.
``(5) Failure to abide by the above rules will result in
disbarment from the Independent Scientific Review program and
disallowance of all compensation for any review undertaken.
``(b) Confirmation of Independent Scientific Reviewer Status.--No
later than 30 days after the Secretary determines that a health claim
meets the criteria established in section 3 of the Health Information
Independence Act for government approval, including the certifications
required under subsection (a)(4) of this section, from a person who
seeks to serve as an Independent Scientific Reviewer, the Secretary
shall notify that person whether he or she satisfies the qualification
criteria specified in such subsection and is, thereby, eligible to be
selected to serve as an Independent Scientific Reviewer.
``(c) Random Selection of Independent Scientific Reviewer to
Evaluate Health Claim.--Not later than 15 days after the Secretary
determines that a health claim meets the criteria established in
section 3 of the Health Information Independence Act for government
approval, the Secretary shall select an Independent Scientific Reviewer
at random and shall provide that person with a complete copy of the
health claim petition for evaluation. The Secretary shall not reveal
the name of the Independent Scientific Reviewer to the public or to the
health claim petitioner until after the Secretary receives from the
Independent Scientific Reviewer all publicly available scientific
evidence reviewed and a complete evaluation of the health claim.
``(d) All Publicly Available Scientific Evidence Shall Be
Reviewed.--Upon receipt of a health claim petition, the Independent
Scientific Reviewer shall acquire and evaluate all publicly available
scientific evidence relevant to the claim. The Independent Scientific
Reviewer shall determine whether credible scientific evidence supports
the health claim.
``(e) Every Health Claim Shall Be Recommended for Approval That Is
Supported by Credible Scientific Evidence.--If the Independent
Scientific Reviewer finds that credible scientific evidence supports
the health claim, the Independent Scientific Reviewer shall recommend
to the Secretary that the health claim be approved. If the Independent
Scientific Reviewer finds the scientific evidence in support of the
claim less than conclusive, suggestive but not conclusive, preliminary
and inconclusive, or generally accepted but not yet proven to a
conclusive degree, or if the Independent Scientific Reviewer finds the
claim to convey a potentially misleading connotation, the Independent
Scientific Reviewer shall also recommend that the health claim be
approved accompanied by a concise disclaimer carefully worded to render
the claim nonmisleading.
``(f) Health Claims not Recommended for Approval.--If the
Independent Scientific Reviewer finds that no credible scientific
evidence supports the health claim and that no disclaimer can eliminate
a misleading connotation conveyed by the claim, then the Independent
Scientific Reviewer shall recommend that the Secretary not approve the
health claim.
``(g) Compensation for Independent Scientific Reviewers and
Sanctions for Noncompliance.--The Secretary shall pay each Independent
Scientific Reviewer the sum of $40,000 no later than 60 days after the
Secretary receives all publicly available scientific evidence reviewed
and a complete evaluation of the health claim. If the Secretary finds
that the Independent Scientific Reviewer has submitted a false
certification under subsection (a)(4), the Secretary may debar the
Independent Scientific Reviewer from the Independent Scientific Review
program and shall refrain from paying the $40,000 fee.''.
SEC. 7. LEGAL EFFECT OF HEALTH CLAIM RECOMMENDATION BY INDEPENDENT
SCIENTIFIC REVIEWERS.
Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
341 et seq.), as amended by section 6 of this Act, is amended by
inserting after section 403D the following new section:
``SEC. 403E. LEGAL EFFECT OF HEALTH CLAIM RECOMMENDATIONS.
``(a) Secretary's Response to Health Claim Evaluations by
Independent Scientific Reviewers.--No later than 30 days after the
Secretary receives from an Independent Scientific Reviewer copies of
all publicly available scientific evidence reviewed and a complete
written evaluation of a health claim, the Secretary shall--
``(1) make the evaluation and all scientific evidence
reviewed publicly available; and
``(2) publish in the Federal Register as a final and
binding order of the Department of Health and Human Services
the recommendation of the Independent Scientific Reviewer
verbatim and without any alteration in content whatsoever,
including the claim, whether the claim is approved or
disapproved, the reasons therefor, and whether the claim must
be accompanied by a disclaimer and the content of the
disclaimer, and the reasons therefor.
``(b) Order on Health Claims Recommendations of Independent
Scientific Reviewers Immediately Appealable to the United States Court
of Appeals for the D.C. Circuit.--Any health claim petitioner, or any
other aggrieved party, may file an appeal for review of an order of the
Secretary pursuant to subsection (a) directly to the United States
Court of Appeals for the District of Columbia Circuit within 90 days of
the date of publication of the order in the Federal Register.''.
SEC. 8. DEPARTMENT OF HEALTH AND HUMAN SERVICES BUDGET ALLOCATION FOR
INDEPENDENT SCIENTIFIC REVIEWS.
(a) Costs of Implementation.--All costs associated with
implementing this Act shall be borne by the Department of Health and
Human Services from its existing budget.
(b) Offsets.--This Act eliminates the need for the Food and Drug
Administration to review health claim petitions for foods and dietary
supplements. No later than six months after the date of the enactment
of this Act, the Secretary of Health and Human Services shall eliminate
staff, reduce operating expenses, and maximize cost savings in the Food
and Drug Administration's Center for Food Safety and Applied Nutrition
to offset the costs of implementing this Act.
SEC. 9. DEFINITION REGARDING DISTINCTION BETWEEN FOOD AND DRUGS.
Section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(g)(1)) is amended in clause (B) by inserting ``(other than
food, including dietary supplements)'' after ``articles''. | Health Information Independence Act - Prevents the Federal Government from restricting the distribution of a dietary supplement or other nutritional food because the manufacturer makes health claims unapproved by the Food and Drug Administration (FDA) if: (1) the product has a label clearly stating that its health claims are not FDA-approved; (2) the FDA lacks evidence establishing probable cause that the claims contain misleading information posing a threat to the safety and well-being of those who use the product. Requires an independent review of a determination by the FDA that there is such probable cause.
Amends the Federal Food, Drug, and Cosmetic Act to extend certain food nutrition labeling requirements to dietary supplements. Requires nutrition labels to include the relationship of a nutrient to the prevention, treatment, or cure of a disease.
Directs the Secretary of Health and Human Services to solicit independent scientific reviewers from the university community to review, evaluate, and make recommendations regarding particular health claims, based on the scientific evidence available. Excludes health claims only if they are unsupported by credible scientific evidence and no disclaimer could eliminate potentially misleading connotations. Makes recommendations of such reviewers binding on the Secretary and reviewable only by the U.S. Court of Appeals for the District of Columbia Circuit. Requires costs of this program to be offset against the operating budget of the Department of Health and Human Services. | To amend the Federal Food, Drug, and Cosmetic Act to establish a system independent of the Food and Drug Administration for the review of health claims, to define health claims, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Growth and Development
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The promotion of sustainable economic growth is the
only long-term solution to lifting people out of poverty and
addressing development challenges such as infectious disease,
food security, education, and access to clean water.
(2) Several of the greatest development success stories in
the last 50 years demonstrate how private sector investment and
economic growth are fundamental to lifting populations out of
poverty.
(3) There has been a dramatic shift in the composition of
capital flows to the developing world. Whereas 40 years ago
more than 70 percent of capital flowing to developing countries
was public sector foreign assistance, today 87 percent of
capital flowing to the developing world comes from the private
sector.
(4) Eleven of the 15 largest importers of United States
goods and services are countries that graduated from United
States foreign assistance, and 12 of the 15 fastest growing
markets for United States exports are former United States
foreign assistance recipients.
(5) With 12 departments, 26 agencies, and more than 60
Federal Government offices all involved in the delivery of
United States foreign assistance, it is extremely difficult for
United States businesses to navigate the bureaucracy in search
of opportunities to partner with such United States agencies.
(6) Although many United States development agencies have
taken steps to improve their private sector coordination
capabilities in recent years, these agency-specific strategies
remain opaque and must be integrated into a coherent
interagency coordination structure to engage the private
sector.
(7) President Barack Obama's 2010 Policy Directive on
Global Development created an Interagency Policy Committee
(IPC) for Global Development. However, the IPC has not yet
established a streamlined, interagency mechanism for
coordination with the private sector.
(8) In order to better leverage United States foreign
assistance dollars and to promote sustainable economic
development in partner countries, the private sector should be
consulted during development planning and programming
processes.
(9) Whether it is in the context of country, sector, or
global development strategy, decisions on program
prioritization and resource allocations would benefit greatly
from private sector perspectives and market data.
(10) By consulting with the private sector from the outset,
development programs can be designed to better attract private
sector investment and to promote public-private partnerships in
key development sectors.
(11) The Millennium Challenge Corporation and the
Partnership for Growth both analyze constraints to growth as
part of their planning processes, but these analyses need to be
included in agency country, sector, and global development
strategies to more effectively inform and guide the full
spectrum of United States development programs.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) United states development agencies.--The term ``United
States development agencies'' means the Department of State,
the United States Agency for International Development, the
Millennium Challenge Corporation, the Overseas Private
Investment Corporation, the Trade and Development Agency, the
Inter-American Foundation, and the African Development
Foundation.
(3) Private sector.--The term ``private sector'' means for-
profit United States businesses.
(4) Secretary.--The term ``Secretary'' means the Secretary
of State.
SEC. 4. PURPOSE.
The purpose of this Act is to maximize the impact of United States
development programs by--
(1) enhancing coordination between United States
development agencies and their programs and the private sector
and its investment activities;
(2) integrating private sector input into United States
development agencies planning and programming processes;
(3) institutionalizing analyses of constraints to growth
and investment throughout United States development agencies
planning and programming processes; and
(4) ensuring United States development agencies are
accountable for progress toward improving coordination of
United States development programs and private sector
investment activities.
SEC. 5. INTERAGENCY MECHANISM TO COORDINATE UNITED STATES DEVELOPMENT
PROGRAMS AND PRIVATE SECTOR INVESTMENT ACTIVITIES.
(a) In General.--The President, in consultation with the Secretary,
the Administrator, the Chief Executive Officer of the Millennium
Challenge Corporation, the Department of Commerce, and the heads of
other United States agencies that undertake development efforts, shall
establish a primary mechanism to assist the private sector in
coordinating United States development programs with private sector
investment activities.
(b) Duties.--The mechanism established under subsection (a) shall--
(1) streamline and integrate the various private sector
liaison functions of United States development agencies;
(2) facilitate the use of various development and finance
tools across United States development agencies to attract
greater private sector participation in development activities;
and
(3) establish a single point of contact for the private
sector for partnership opportunities with United States
development agencies.
SEC. 6. INTEGRATING PRIVATE SECTOR CONSULTATION IN COUNTRY, SECTOR, AND
GLOBAL DEVELOPMENT STRATEGIES.
The Secretary and the Administrator shall direct their respective
policy and country teams to include private sector consultation in all
country, sector, and global development strategies, including
integrated country strategies, regional and functional strategies,
country development cooperation strategies, mission strategic resource
plans, and global development strategies.
SEC. 7. ANALYSIS OF CONSTRAINTS TO GROWTH AND INVESTMENT IN FOREIGN
COUNTRIES AND SECTORS.
(a) In General.--The Secretary, the Administrator, and the heads of
other agencies that conduct relevant development activities shall
ensure that rigorous constraints to growth and investment analyses are
available and integrated as a component of all appropriate country,
region, and sector development strategies.
(b) Matters To Be Included.--The analysis required under subsection
(a) shall include, at a minimum, an identification and analysis of--
(1) constraints posed by the inadequacies of critical
infrastructure, rule of law, tax and investment codes, and
customs and regulatory regimes of recipient countries, as
appropriate; and
(2) particular economic sectors that are central to
achieving economic growth, such as agriculture, transportation,
energy, and financial services.
(c) Conduct.--If a credible constraints analysis meeting the
requirements set out in subsection (b) for a particular country,
region, or sector has not already been conducted by another United
States Government entity or multilateral institution, the analysis
shall be conducted by teams composed of representatives of relevant
United States agencies which will consult with international
organizations, the private sector, including representatives from
commercial sectors of recipient countries, and other stakeholders. In
all instances, whether using an existing constraints analysis or a
specially conducted one, the constraints analysis shall be made
available to the public, and for comment by all stakeholders prior to
finalization of development strategies.
(d) Results.--The results of the analysis required under subsection
(a) shall be incorporated into development strategies of United States
development agencies and shall be used to inform and guide resource
allocations.
SEC. 8. REPORT.
Not later than one year after the date of the enactment of this
Act, the President shall transmit to the Committee on Foreign Relations
and the Committee on Appropriations of the Senate and the Committee on
Foreign Affairs and the Committee on Appropriations of the House of
Representatives a report that describes the specific measures that have
been taken to implement this Act and the outcomes that such measures
are intended to produce. | Directs the President to establish a primary mechanism to assist the private sector in coordinating U.S. development programs with private sector investment activities. Directs the Secretary of State and the Administrator of the U.S. Agency for International Development (USAID) to direct their respective policy and country teams to include private sector consultation in all country, sector, and global development strategies. | Economic Growth and Development Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Fuel Equity Act''.
SEC. 2. EXPANSION OF RENEWABLE RESOURCES CREDIT.
(a) In General.--Section 45(c)(1) of the Internal Revenue Code of
1986 (relating to qualified energy resources) is amended by striking
``and'' at the end of subparagraph (B), by striking the period at the
end of the subparagraph (C) and inserting a comma, and by adding at the
end the following new subparagraphs:
``(D) geothermal energy,
``(E) solar energy,
``(F) incremental hydropower, and
``(G) biomass (other than closed-loop biomass).''
(b) Extension and Modification of Placed-in-Service Rules With
Respect to Biomass Facilities.--
(1) In general.--Paragraph (3) of section 45(c) of the
Internal Revenue Code of 1986 (defining qualified facility) is
amended--
(A) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) Closed-loop biomass facility.--In the case of
a facility using closed-loop biomass to produce
electricity, the term `qualified facility' means any
facility--
``(i) owned by the taxpayer which is
originally placed in service after December 31,
1992, and before January 1, 2007, or
``(ii) owned by the taxpayer which is
originally placed in service on or before
December 31, 1992, and modified to use closed-
loop biomass to co-fire with coal before
January 1, 2007.'',
(B) by striking ``2002'' in subparagraph (C) and
inserting ``2007'', and
(C) by adding at the end the following new
subparagraph:
``(D) Biomass facility.--In the case of a facility
using biomass (other than closed-loop biomass) to
produce electricity, the term `qualified facility'
means any facility owned by the taxpayer which is
originally placed in service before January 1, 2007.''.
(2) Definition.--Subsection (c) of section 45 of such Code
(relating to definitions) is amended by adding at the end the
following new paragraph:
``(5) Biomass.--The term `biomass' means any solid,
nonhazardous, cellulosic waste material which is segregated
from other waste materials and which is derived from--
``(A) any of the following forest-related
resources: mill residues, precommercial thinnings,
slash, and brush, but not including old-growth timber,
``(B) solid wood waste materials, including waste
pallets, crates, dunnage, manufacturing and
construction wood wastes (other than pressure-treated,
chemically-treated, or painted wood wastes), and
landscape or right-of-way tree trimmings, but not
including municipal solid waste (garbage), gas derived
from the biodegradation of solid waste, or paper that
is commonly recycled, or
``(C) agriculture sources, including orchard tree
crops, vineyard, grain, legumes, sugar, and other crop
by-products or residues.''.
(3) Special rules.--Subsection (d) of section 45 of such
Code (relating to definitions and special rules) is amended by
adding at the end the following new paragraph:
``(8) Special rules with respect to biomass.--In the case
of a qualified facility described in subparagraph (B)(ii) or
(D) of subsection (c)(3)--
``(A) the 10-year period referred to in subsection
(a) shall be treated as beginning no earlier than the
date of the enactment of this paragraph,
``(B) subsection (b)(3) shall not apply to any such
facility originally placed in service before January 1,
1997, and
``(C) if such a facility is leased and the operator
thereof is the lessee, such lessee (and not the owner)
shall be treated for purposes of this section as owning
such facility.''
(c) Qualified Facility To Include Geothermal, Solar Energy, and
Incremental Hydropower Facility.--
(1) In general.--Paragraph (3) of section 45(c) of such
Code, as amended by subsection (b), is amended by inserting
after subparagraph (D) the following new subparagraphs:
``(E) Geothermal facility.--In the case of a
facility using geothermal energy to produce
electricity, the term `qualified facility' means--
``(i) any facility owned by the taxpayer
which is originally placed in service after
December 31, 2001, or
``(ii) any facility owned by the taxpayer
which is originally placed in service before
January 1, 2002, but only to the extent of its
incremental geothermal production.
``(F) Solar energy facility.--In the case of a
facility using solar energy to produce electricity, the
term `qualified facility' means--
``(i) any facility owned by the taxpayer
which is originally placed in service after
December 31, 2001, or
``(ii) any facility owned by the taxpayer
which is originally placed in service before
January 1, 2002, and modified on or after such
date with additional generating capacity.
In the case of a facility referred to in clause (ii),
the credit under subsection (a) applies only to the
production from the additional generating capacity.
``(G) Incremental hydropower facility.--In the case
of a facility using incremental hydropower to produce
electricity, the term `qualified facility' means any
facility owned by the taxpayer that achieves additional
generation from--
``(i) increased efficiency, or
``(ii) additions of new capacity,
at a non-Federal hydroelectric project originally
placed in service before the date of enactment of this
subparagraph.''.
(2) Special rule.--Subsection (d) of section 45 of such
Code (relating to definitions and special rules), as amended by
subsection (b)(3), is amended by adding at the end the
following new paragraph:
``(9) Definition and special rule with respect to
incremental geothermal production.--
``(A) In general.--The term `incremental geothermal
production' means for any taxable year the excess of--
``(i) the total kilowatt hours of
electricity produced from a geothermal facility
described in subsection (c)(3)(E)(ii), over
``(ii) the average annual kilowatt hours
produced at such facility for five of the
previous seven calendar years prior to the date
of the enactment of this paragraph after
eliminating the highest and lowest kilowatt
hour production years in such seven-year
period.
``(B) Special rule.--A facility described in
subsection (c)(3)(E)(ii) which was placed in service
seven years or longer prior to the date of the
enactment of this paragraph shall, commencing with the
year of such enactment, reduce the amount calculated
under subparagraph (A)(ii) each year, on a cumulative
basis, by the average decrease in annual kilowatt hour
production for the seven-year period described in
subparagraph (A)(ii) with such cumulative sum not to
exceed 30 percent.''.
(d) Coordination With Other Credits.--Subsection (d) of section 45
of such Code (relating to definitions and special rules), as amended by
subsection (c)(2), is amended by adding at the end the following:
``(10) Coordination with other credits.--This section shall
not apply to any qualified facility with respect to which a
credit under any other section is allowed for the taxable year
unless the taxpayer elects to waive application of such credit
to such facility.''.
(e) Effective Date.--The amendments made by this section shall
apply to electricity sold after December 31, 2001.
SEC. 3. EXPANSION OF INVESTMENT TAX CREDIT TO INCLUDE EQUIPMENT USED TO
PRODUCE ELECTRICITY FROM CERTAIN RENEWABLE RESOURCES.
(a) In General.--Subparagraph (A) of section 48(a)(3) of the
Internal Revenue Code of 1986 (relating to energy credit reforestation
credit) is amended by striking ``or'' at the end of clause (i),
inserting ``or'' at the end of clause (ii), and adding at the end the
following new clause:
``(iii) equipment used to produce
electricity from a qualified facility (as
defined in section 45).''.
(b) Effective Date.--The amendments made by this section shall
apply to equipment placed in service after December 31, 2001. | Renewable Fuel Equity Act - Amends the Internal Revenue Code to expand the renewable resources credit to include geothermal and solar energy, incremental hydropower and biomass (other than closed-loop biomass).Sets forth qualifying dates of service for facilities using such means to produce electricity.Expands the investment tax credit to include equipment used to produce electricity from certain renewable resources. | To amend the Internal Revenue Code of 1986 to expand the renewable resources production tax credit to include additional forms of renewable energy, and to expand the investment tax credit to include equipment used to produce electricity from renewable resources. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Boys Town Centennial Commemorative
Coin Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Boys Town is a nonprofit organization dedicated to
saving children and healing families, nationally headquartered
in the village of Boys Town, Nebraska;
(2) Father Flanagan's Boys Home, known as ``Boys Town'',
was founded on December 12, 1917, by Servant of God Father
Edward Flanagan;
(3) Boys Town was created to serve children of all races
and religions;
(4) news of the work of Father Flanagan spread worldwide
with the success of the 1938 movie, ``Boys Town'';
(5) after World War II, President Truman asked Father
Flanagan to take his message to the world, and Father Flanagan
traveled the globe visiting war orphans and advising government
leaders on how to care for displaced children;
(6) Boys Town has grown exponentially, and now provides
care to children and families across the country in 11 regions,
including California, Nevada, Texas, Nebraska, Iowa, Louisiana,
North Florida, Central Florida, South Florida, Washington, DC,
New York, and New England;
(7) the Boys Town National Hotline provides counseling to
more than 150,000 callers each year;
(8) the Boys Town National Research Hospital is a national
leader in the field of hearing care and research of Usher
Syndrome;
(9) Boys Town programs impact the lives of more than
2,000,000 children and families across America each year; and
(10) December 12th, 2017, will mark the 100th anniversary
of Boys Town, Nebraska.
SEC. 3. COIN SPECIFICATIONS.
(a) $5 Gold Coins.--The Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall mint and issue not more than
50,000 $5 coins in commemoration of the centennial of the founding of
Father Flanagan's Boys Town, each of which shall--
(1) weigh 8.359 grams;
(2) have a diameter of 0.850 inches; and
(3) contain 90 percent gold and 10 percent alloy.
(b) $1 Silver Coins.--The Secretary shall mint and issue not more
than 350,000 $1 coins in commemoration of the centennial of the
founding of Father Flanagan's Boys Town, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(c) Half Dollar Clad Coins.--The Secretary shall mint and issue not
more than 300,000 half dollar clad coins in commemoration of the
centennial of the founding of Father Flanagan's Boys Town, each of
which shall--
(1) weigh 11.34 grams;
(2) have a diameter of 1.205 inches; and
(3) be minted to the specifications for half dollar coins
contained in section 5112(b) of title 31, United States Code.
(d) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(e) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) In General.--The design of the coins minted under this Act
shall be emblematic of the 100 years of Boys Town, one of the largest
nonprofit child care agencies in the United States.
(b) Designation and Inscriptions.--On each coin minted under this
Act, there shall be--
(1) a designation of the value of the coin;
(2) an inscription of the year ``2017''; and
(3) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(c) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
National Executive Director of Boys Town and the Commission of
Fine Arts; and
(2) reviewed by the Citizens of Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the period beginning on January 1, 2017, and ending on
December 31, 2017.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins; and
(2) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge as follows:
(1) A surcharge of $35 per coin for the $5 coin.
(2) A surcharge of $10 per coin for the $1 coin.
(3) A surcharge of $5 per coin for the half dollar coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be paid to Boys Town to carry out
Boys Town's cause of caring for and assisting children and families in
underserved communities across America.
SEC. 8. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act will not
result in any net cost to the Federal Government; and
(2) no funds, including applicable surcharges , shall be
disbursed to any recipient designated in section 7 until the
total cost of designing and issuing all of the coins authorized
by this Act (including labor, materials, dies, use of
machinery, overhead expenses, marketing, and shipping) is
recovered by the United States Treasury, consistent with
sections 5112(m) and 5134(f) of title 31, United States Code.
Passed the House of Representatives September 15, 2014.
Attest:
KAREN L. HAAS,
Clerk. | Boys Town Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue up to 50,000 $5 gold coins, 350,000 $1 silver coins, and 300,000 half-dollar clad coins to commemorate the centennial of the founding of Father Flanagan's Boys Town. Requires the design of the coins to be emblematic of the 100 years of Boys Town, one of the largest nonprofit child care agencies in the United States. Permits issuance of such coins only between January 1, 2017, and December 31, 2017. Subjects all coin sales to specified surcharges, which shall be paid to the Treasury for the purposes of reducing the national debt. Directs the Secretary to ensure that: (1) minting and issuing such coins will not result in any net cost to the federal government; and (2) no funds, including surcharges, will be disbursed to Boys Town until the total cost of designing and issuing all authorized coins is recovered by the Treasury. | Boys Town Centennial Commemorative Coin Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Oversight of Iran's
Access to Finance Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Under the Joint Comprehensive Plan of Action (JCPOA),
informally known as the Iran nuclear deal, the Obama
administration agreed to license the sale of commercial
passenger aircraft to Iran, the world's foremost state sponsor
of terrorism and a jurisdiction of primary money laundering
concern.
(2) In April 2015, prior to the adoption of the JCPOA,
Secretary of the Treasury Jacob Lew, in publicly advocating for
its provisions, stated: ``Make no mistake: deal or no deal, we
will continue to use all our available tools, including
sanctions, to counter Iran's menacing behavior. Iran knows that
our host of sanctions focused on its support for terrorism and
its violations of human rights are not, and have never been, up
for discussion.''.
(3) In March 2016 remarks to the Carnegie Endowment for
International Peace, Secretary Lew, in reference to U.S.
commitments under the JCPOA, stated: ``While we have lifted the
nuclear sanctions, we continue to enforce sanctions directed at
support for terrorism and regional destabilization, and missile
and human rights violations.''.
(4) In an April 2016 forum at the Council on Foreign
Relations, Secretary Lew stated that, under the JCPOA, the U.S.
committed to lifting its nuclear sanctions, ``but the U.S.
financial system is not open to Iran, and that is not something
that is going to change''.
(5) In September 2016, the Department of the Treasury's
Office of Foreign Assets Control (OFAC) issued licenses
permitting the export of up to 97 aircraft for use by Iran Air,
the Islamic Republic of Iran's flagship state-owned carrier.
These licenses included authorization for U.S. financial
institutions ``to engage in all transactions necessary to
provide financing or other financial services'' in order to
effectuate the sales. In November 2016, OFAC licensed an
additional 106 aircraft for purchase by Iran Air, which are
also eligible for financing authorized by OFAC.
(6) The Department of the Treasury had sanctioned Iran Air
in 2011 for its use of commercial passenger aircraft to
transport rockets, missiles, and other military cargo on behalf
of the Islamic Revolutionary Guard Corps (IRGC) and Iran's
Ministry of Defense and Armed Forces Logistics, both of which
had been designated under Executive Order No. 13382 for weapons
proliferation-related activities. In October 2017, the IRGC
went on to be designated under Executive Order No. 13224 for
its support of the IRGC-Qods Force, which has provided support
to terrorist groups such as Hizballah, Hamas, and the Taliban.
(7) Among Iran Air's sanctionable activities, the airline
delivered missile or rocket components to the Assad government
in Syria, which like Iran is classified as a state sponsor of
terrorism.
(8) The Assad regime is responsible for a civil conflict
that has claimed an estimated 400,000 lives, including through
the government's deployment of chemical weapons and barrel
bombs against unarmed civilians and children.
(9) Despite being delisted in 2016, Iran Air has continued
to fly known weapons resupply routes to government-controlled
areas of Syria. According to research by the Foundation for
Defense of Democracies, between Implementation Day of the JCPOA
on January 16, 2016, and May 4, 2017, Iran Air operated at
least 134 flights to Syria, which included stops in Abadan,
Iran, a suspected IRGC logistical hub for airlifts to the Assad
regime.
(10) In November 2016 correspondence to the Chairman of the
House Committee on Financial Services, the Department of the
Treasury noted that the commitment to delist Iran Air under the
JCPOA ``does not affect our ability to designate, or re-
designate, any Iranian airline that engages in sanctionable
activity. The United States retains the ability to designate
any individual or entity that engages in sanctionable
activities under our authorities targeting conduct outside the
scope of the JCPOA, including Iran's support for terrorism,
human rights abuses, ballistic missile program, and other
destabilizing activities in the region.''.
(11) In April 2017, Iran announced a deal for Aseman
Airlines to purchase up to 60 commercial aircraft, a
transaction that would require authorization by OFAC. Aseman
Airlines' chief executive officer, Hossein Alaei, has for
decades served as a senior member of the IRGC.
SEC. 3. CERTIFICATIONS FOR AIRCRAFT-RELATED TRANSACTIONS BY UNITED
STATES AND FOREIGN FINANCIAL INSTITUTIONS.
(a) In General.--Not later than 30 days after authorizing a
transaction by a United States or foreign financial institution in
connection with the export or re-export of a commercial passenger
aircraft to Iran (or, for an authorization made after January 16, 2016,
but before the date of the enactment of this Act, not later than 60
days after such date of enactment), and every 180 days thereafter for
the duration of the authorization, the Secretary of the Treasury shall
submit the report described under subsection (b) to the appropriate
congressional committees.
(b) Report With Respect to Financial Institutions' Iran-Related
Transactions and Due Diligence.--With respect to a financial
institution and a transaction described under subsection (a), a report
is described under this subsection if it contains--
(1) a list of financial institutions that, since January
16, 2016, have conducted transactions authorized by the
Secretary in connection with the export or re-export of
commercial passenger aircraft to Iran; and
(2) either--
(A) a certification that--
(i) the transaction does not pose a
significant money laundering or terrorism
financing risk to the United States financial
system;
(ii) the transaction will not benefit an
Iranian person that, since the date that is 1
year preceding the date of the certification--
(I) has knowingly transported items
used for the proliferation of weapons
of mass destruction, including systems
designed in whole or in part for the
delivery of such weapons;
(II) has knowingly transported
items used to establish in Syria a
permanent military presence of either
Iranian military forces or Iranian
backed militia; or
(III) has knowingly provided
transportation services or material
support for, or on behalf of, any
person designated under Executive Order
Nos. 13224, 13382, or 13572; and
(iii) any financial institution described
under subsection (b)(1) has had since the date
such authorization was made, or, if the
authorization is no longer in effect, had for
the duration of such authorization, appropriate
policies, procedures, and processes in place to
avoid engaging in sanctionable activities that
may result from the financial institutions'
exposure to Iran; or
(B) a statement that the Secretary is unable to
make the certification described under subparagraph (A)
and a notice that the Secretary will, not later than 60
days after the date the determination is submitted to
the appropriate congressional committees, issue a
report on non-certification described under subsection
(c) to the appropriate congressional committees.
(c) Report on Non-Certification.--With respect to a financial
institution and a transaction described under subsection (a), a report
on non-certification is described under this subsection if it
contains--
(1) a detailed explanation for why the Secretary is unable
to make the certification described under subsection (b)(2);
(2) a notification of whether the Secretary will--
(A) not amend the authorization of the transaction
with respect to a financial institution,
notwithstanding such non-certification;
(B) suspend the authorization until the Secretary
is able to make such certification;
(C) revoke the authorization; or
(D) otherwise amend the authorization; and
(3) an explanation of the reasons for any action to be
taken described under paragraph (2).
(d) Waiver.--The President may waive, on a case-by-case basis, the
provisions of this Act for up to 1 year at a time upon certifying to
the appropriate congressional committees that--
(1) the Government of Iran has--
(A) made substantial progress towards combating
money laundering and terrorism financing risk emanating
from Iran; or
(B) has significantly reduced Iran's--
(i) destabilizing activities in the region;
or
(ii) material support for terrorist groups;
or
(2) such waiver is important to the national security
interests of the United States, with an explanation of the
reasons therefor.
(e) Termination.--This section shall cease to be effective on the
date that is 30 days after the date on which the President certifies to
the appropriate congressional committees that--
(1)(A) the Secretary does not find, under section 5318A of
title 31, United States Code, that reasonable grounds exist for
concluding that Iran is a jurisdiction of primary money
laundering concern; and
(B) Iran has ceased providing support for acts of
international terrorism; or
(2) terminating the provisions of this section is vital to
the national security interests of the United States, with an
explanation of the reasons therefor.
(f) Definitions.--For purposes of this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the committees
on Financial Services and Foreign Affairs of the House of
Representatives and the committees on Banking, Housing, and
Urban Affairs and Foreign Relations of the Senate.
(2) Financial institution.--The term ``financial
institution'' means a United States financial institution or a
foreign financial institution.
(3) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given that term under
section 561.308 of title 31, Code of Federal Regulations.
(4) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(6) United states financial institution.--The term ``United
States financial institution'' has the meaning given the term
``U.S. financial institution'' under section 561.309 of title
31, Code of Federal Regulations.
Passed the House of Representatives December 14, 2017.
Attest:
KAREN L. HAAS,
Clerk. | Strengthening Oversight of Iran's Access to Finance Act (Sec. 3) This bill sets forth reporting requirements with respect to the export of commercial passenger aircrafts to Iran. The Department of the Treasury must report on financial institutions conducting transactions regarding such exports. Additionally, Treasury must determine if such transactions pose a risk relating to money laundering, terrorism, or other sanctionable activities. The President may waive the requirements of this bill under certain circumstances. | Strengthening Oversight of Iran’s Access to Finance Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Diabetic Retinopathy Prevention Act
of 2005''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Type 2 Diabetes affects 17,000,000 Americans, with over
1,000,000 new cases diagnosed each year. Type 1 Diabetes
affects over 1,000,000 Americans, with over 13,000 new cases
diagnosed each year. Diabetes costs the nation an estimated
$138,000,000,000 per year.
(2) Diabetic retinopathy is the most common complication
resulting from diabetes, and causes degradation in visual
acuity and eventual blindness. Diabetic retinopathy is the
leading cause of blindness in people aged 20 to 74, and up to
24,000 diabetics become legally blind each year.
(3) During the first two decades of disease, nearly all
patients with Type 1 and over 60 percent of patients with Type
2 Diabetes develop diabetic retinopathy, and the risk of
diabetic retinopathy increases with the duration of diabetes.
Onset of Type 2 diabetes is today occurring at younger ages,
which will increase the prevalence of diabetic retinopathy in
the future.
(4) Clinical trials have demonstrated that early detection
and treatment of diabetic retinopathy can reduce vision loss by
90 percent, and remote assessment of diabetic retinopathy has
the potential to reach large numbers of diabetic patients who
live in rural, remote or underserved areas and who lack
geographical or financial access to regular, in-office eye
examinations by eye specialists.
SEC. 3. MEDICARE COVERAGE OF REMOTE ASSESSMENT OF DIABETIC RETINOPATHY.
(a) Coverage.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended:
(1) in subsection (s)(2)--
(A) in subparagraph (Y), by striking ``and'' at the
end;
(B) in subparagraph (Z), by adding ``and'' at the
end; and
(C) by inserting after subparagraph (Z) the
following new subparagraph:
``(AA) remote assessment of diabetic retinopathy (as
defined in subsection (bbb));''; and
(2) by adding at the end the following new subsection:
``Remote Assessment of Diabetic Retinopathy
``(bbb) The term `remote assessment of diabetic retinopathy' means
a diagnostic examination of the retina for the purpose of early
detection of diabetic retinopathy that--
``(1) is provided not more frequently than on an annual
basis to an individual who has been diagnosed with diabetes;
``(2) meets technical standards set forth by the Secretary
(which shall be determined in consultation with industry and
practitioner groups with expertise in ophthalmology, ophthalmic
imaging, telemedicine, or related fields);
``(3) is furnished via a telecommunications system by a
physician (as defined in subsection (r)), a practitioner
(described in section 1842(b)(18)(C) of this title), or a non-
physician technician deemed to be qualified by the Secretary
under the regulations promulgated pursuant to this Act, to an
eligible patient enrolled under this part, notwithstanding that
the individual physician or practitioner providing the service
is not at the same location as the beneficiary; and
``(4) is conducted under the supervision of a board-
certified ophthalmologist with retinal fellowship training.''.
(b) Payment Notwithstanding Limitation on Store and Forward
Technology.--Notwithstanding any limitations to the contrary that are
set forth in section 1834(m)(1) of the Social Security Act (42 U.S.C.
1395m(m)(1)), the amendments made by subsection (a) shall be applicable
to remote assessments of diabetic retinopathy that are furnished
through the use of store-and-forward technologies that provide for the
asynchronous transmission of health care information in single or
multimedia formats.
(c) Interim Payment Pending Publication of Final Rule.--For the
period beginning 30 days after the date of the enactment of this Act
and ending on the date the Secretary of Health and Human Services
publishes a final regulation to carry out section 1861(s)(2)(AA) of the
Social Security Act, as added by subsection (a), the Secretary shall
provide for payment of retinopathy assessments furnished under such
section during such period, and assign such temporary HCPCS code as is
necessary to provide for such payment.
(d) Study on Reimbursement for Remote Assessments of Diabetic
Retinopathy.--(1) Not later than 1 year after the date of the enactment
of this Act, the Secretary of Health and Human Services shall conduct a
study on the costs incurred by health care providers to provide remote
assessment of diabetic retinopathy services, including an analysis of--
(A) per-patient cost, and
(B) start-up and administrative costs.
(2) Not later than 2 years after the date of the enactment of this
Act, the Secretary shall submit a report to Congress on the study
conducted under paragraph (1) and shall include recommendations with
respect to--
(A) the adequacy of reimbursements for remote assessment of
diabetic retinopathy under the medicare program; and
(B) whether the study under paragraph (1) should be
repeated, and if so, how frequently.
(e) Effective Date.--The amendments made by subsection (a) shall
apply to assessments performed on or after the date that is 30 days
after the date of the enactment of this Act.
SEC. 4 MEDICAID COVERAGE OF REMOTE ASSESSMENT OF DIABETIC RETINOPATHY.
(a) Requirement.--Section 1905(a)(13) of the Social Security Act
(42 U.S.C. 1396d(a)(13)) is amended by inserting ``remote assessment of
diabetic retinopathy (as defined in section 1861(bbb)),'' after
``including''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to assessments performed on or after the date of the enactment of
this Act.
(c) State Compliance.--In the case of a State plan for medical
assistance under title XIX of the Social Security Act which the
Secretary of Health and Human Services determines requires State
legislation (other than legislation authorizing or appropriating funds)
in order for the plan to meet the additional requirement imposed by the
amendments made by subsection (a), the State plan shall not be regarded
as failing to comply with the requirements of such title solely on the
basis of its failure to meet this additional requirement before the
first day of the first calendar quarter beginning after the close of
the first regular session of the State legislature that begins after
the date of the enactment of this Act. For purposes of the previous
sentence, in the case of a State that has a 2-year legislative session,
each year of such session shall be deemed to be a separate regular
session of the State legislature.
SEC. 5. MOBILE DIABETIC RETINOPATHY SCREENING PILOT PROGRAM.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by inserting after section 317S the following:
``SEC. 317T. MOBILE DIABETIC RETINOPATHY SCREENING PILOT PROGRAM.
``(a) In General.--
``(1) Establishment.--The Secretary shall establish a grant
program, to be known as the `Mobile Diabetic Retinopathy
Screening Pilot Program', to make grants to 5 eligible entities
for the purpose of establishing mobile diabetic retinopathy
screening programs.
``(2) Use of funds.--The Secretary may not make a grant to
an eligible entity under this section unless the entity agrees
to use the grant to carry out a project consisting of the
design, demonstration, and implementation of a mobile diabetic
retinopathy screening program.
``(3) Maximum amount.--The Secretary may not make any grant
under this section in an amount that is greater than $1,000,000
for any year.
``(4) Solicitation of applications.--Not later than 90 days
after the date on which amounts are first made available to
carry out this section, the Secretary shall publish a notice of
solicitation for applications for grants under this section
that specifies the information to be included in each
application.
``(5) Applications.--To seek a grant under this section, an
eligible entity shall submit an application to the Secretary at
such time, in such form, and containing such information as the
Secretary may require.
``(6) Priority.--In making grants under this section, the
Secretary shall give priority to any applicant that--
``(A) has experience in evaluating diabetic
retinopathy using telecommunications equipment,
including store and forward technologies; and
``(B) proposes to serve rural, impoverished,
underserved, minority, and remote populations.
``(7) Congressional notification.--The Secretary may not
make a grant under this section unless, not less than 3 days
before making the grant, the Secretary provides notification of
the grant to the appropriate committees of the Congress.
``(b) Evaluation and Report.--
``(1) Evaluation.--Not later than 3 years after making the
first grant under this section, the Secretary shall convene an
advisory committee for the purposes of conducting an evaluation
of the Mobile Diabetic Retinopathy Screening Pilot Program. In
conducting the evaluation, the advisory committee shall
determine--
``(A) whether the Program has been effective in
increasing early detection of diabetic retinopathy,
whether preventative measures taken upon such detection
have been effective in decreasing the prevalence and
severity of diabetic retinopathy, and whether these
findings warrant continued or expanded support of the
Program; and
``(B) whether the program may serve as a useful
model for similar screening programs to detect
complications associated with diabetes, high blood
pressure, high cholesterol, and other chronic
conditions.
``(2) Report.--Not later than 54 months after making the
first grant under this section, the Secretary shall submit a
report to the appropriate committees of the Congress containing
the results of the advisory committee's evaluation.
``(c) Definitions.--In this section:
``(1) Advisory committee.--The term `advisory committee'
means the advisory committee convened under subsection (b).
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a hospital (as defined in section 1861(e) of
the Social Security Act); or
``(B) a State, an institution of higher education,
a local government, a tribal government, a nonprofit
health organization, or a community health center
receiving assistance under section 330.
``(3) Mobile diabetic retinopathy screening program.--The
term `mobile diabetic retinopathy screening program' means any
program--
``(A) that offers remote assessment of diabetic
retinopathy as described in Section 1861(bbb) of the
Social Security Act;
``(B) whose patients primarily reside in rural,
underserved, and remote areas; and
``(C) that is mobile (as determined by the
Secretary).
``(4) Program.--The term `Program' means the Mobile
Diabetic Retinopathy Screening Pilot Program established under
this section.
``(d) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section (except for subsection (b))
$5,000,000 for each of fiscal years 2006 through 2010.
``(2) Evaluation and report.--There are authorized to be
appropriated to carry out subsection (b) such sums as may be
necessary.''. | Diabetic Retinopathy Prevention Act of 2005 - Amends Title XVIII (Medicare) and Title XIX (Medicaid) of the Social Security Act to expand Medicare and Medicaid coverage to include remote assessment of diabetic retinopathy (a diagnostic examination that is provided no more than annually to an individual who has been diagnosed with diabetes, that meets technical standards set forth by the Secretary of Health and Human Services, that is furnished via a telecommunications system to an eligible patient, and that is conducted under the supervision of a board-certified ophthalmologist with retinal fellowship training).
Requires the Secretary to study and report to Congress on the costs incurred by health care providers to provide such assessment.
Amends the Public Health Service Act to direct the Secretary to: (1) establish the Mobile Diabetic Retinopathy Screening Pilot Program to make five grants to eligible entities to establish mobile diabetic retinopathy screening programs; (2) give priority to entities with relevant experience who propose to serve rural, impoverished, unserved, minority, and remote populations; and (3) convene an advisory committee to evaluate the Program. | To amend titles XVIII and XIX of the Social Security Act to provide for coverage under the Medicare and Medicaid Programs of certain screening procedures for diabetic retinopathy, and to amend the Public Health Service Act to establish pilot programs to foster such screening, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Older Workers Against
Discrimination Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) In enacting section 107 of the Civil Rights Act of 1991
(adding section 703(m) of the Civil Rights Act of 1964),
Congress reaffirmed its understanding that unlawful
discrimination is often difficult to detect and prove because
discriminators do not usually admit their discrimination and
often try to conceal their true motives. Section 703(m) of the
Civil Rights Act of 1964 expressly approved so-called ``mixed
motive'' claims, providing that an unlawful employment practice
is established when a protected characteristic was a motivating
factor for any employment practice, even though other factors
also motivated the practice.
(2) Congress enacted amendments to other civil rights
statutes, including the Age Discrimination in Employment Act of
1967 (referred to in this section as the ``ADEA''), the
Americans with Disabilities Act of 1990, and the Rehabilitation
Act of 1973, but Congress did not expressly amend those
statutes to address mixed motive discrimination.
(3) In the case of Gross v. FBL Financial Services, Inc.,
557 U.S. 167 (2009), the Supreme Court held that, because
Congress did not expressly amend the ADEA to address mixed
motive claims, such claims were unavailable under the ADEA, and
instead the complainant bears the burden of proving that a
protected characteristic or protected activity was the ``but
for'' cause of an unlawful employment practice. This decision
has significantly narrowed the scope of protections afforded by
the statutes that were not expressly amended in 1991 to address
mixed motive claims.
(b) Purposes.--The purposes of this Act are--
(1) to clarify congressional intent that mixed motive
claims shall be available, and that a complaining party need
not prove that a protected characteristic or protected activity
was the ``but for'' cause of an unlawful employment practice,
under the ADEA and similar civil rights provisions;
(2) to reject the Supreme Court's reasoning in the Gross
decision that Congress' failure to amend any statute other than
title VII of the Civil Rights Act of 1964 (with respect to
discrimination claims), in enacting section 107 of the Civil
Rights Act of 1991, suggests that Congress intended to disallow
mixed motive claims under other statutes; and
(3) to clarify that complaining parties--
(A) may rely on any type or form of admissible
evidence to establish their claims of an unlawful
employment practice;
(B) are not required to demonstrate that the
protected characteristic or activity was the sole cause
of the employment practice; and
(C) may demonstrate an unlawful employment practice
through any available method of proof or analytical
framework.
SEC. 3. STANDARDS OF PROOF.
(a) Age Discrimination in Employment Act of 1967.--
(1) Clarifying prohibition against impermissible
consideration of age in employment practices.--Section 4 of the
Age Discrimination in Employment Act of 1967 (29 U.S.C. 623) is
amended by inserting after subsection (f) the following:
``(g)(1) Except as otherwise provided in this Act, an unlawful
practice is established under this Act when the complaining party
demonstrates that age or an activity protected by subsection (d) was a
motivating factor for any practice, even though other factors also
motivated the practice.
``(2) In establishing an unlawful practice under this Act,
including under paragraph (1) or by any other method of proof, a
complaining party--
``(A) may rely on any type or form of admissible evidence
and need only produce evidence sufficient for a reasonable
trier of fact to find that an unlawful practice occurred under
this Act; and
``(B) shall not be required to demonstrate that age or an
activity protected by subsection (d) was the sole cause of a
practice.''.
(2) Remedies.--Section 7 of such Act (29 U.S.C. 626) is
amended--
(A) in subsection (b)--
(i) in the first sentence, by striking
``The'' and inserting ``(1) The'';
(ii) in the third sentence, by striking
``Amounts'' and inserting the following:
``(2) Amounts'';
(iii) in the fifth sentence, by striking
``Before'' and inserting the following:
``(4) Before''; and
(iv) by inserting before paragraph (4), as
designated by clause (iii) of this
subparagraph, the following:
``(3) On a claim in which an individual demonstrates that age was a
motivating factor for any employment practice, under section 4(g)(1),
and a respondent demonstrates that the respondent would have taken the
same action in the absence of the impermissible motivating factor, the
court--
``(A) may grant declaratory relief, injunctive relief
(except as provided in subparagraph (B)), and attorney's fees
and costs demonstrated to be directly attributable only to the
pursuit of a claim under section 4(g)(1); and
``(B) shall not award damages or issue an order requiring
any admission, reinstatement, hiring, promotion, or payment.'';
and
(B) in subsection (c)(1), by striking ``Any'' and
inserting ``Subject to subsection (b)(3), any''.
(3) Definitions.--Section 11 of such Act (29 U.S.C. 630) is
amended by adding at the end the following:
``(m) The term `demonstrates' means meets the burdens of production
and persuasion.''.
(4) Federal employees.--Section 15 of such Act (29 U.S.C.
633a) is amended by adding at the end the following:
``(h) Sections 4(g) and 7(b)(3) shall apply to mixed motive claims
(involving practices described in section 4(g)(1)) under this
section.''.
(b) Title VII of the Civil Rights Act of 1964.--
(1) Clarifying prohibition against impermissible
consideration of race, color, religion, sex, or national origin
in employment practices.--Section 703 of the Civil Rights Act
of 1964 (42 U.S.C. 2000e-2) is amended by striking subsection
(m) and inserting the following:
``(m) Except as otherwise provided in this title, an unlawful
employment practice is established under this title when the
complaining party demonstrates that race, color, religion, sex, or
national origin or an activity protected by section 704(a) was a
motivating factor for any employment practice, even though other
factors also motivated the practice.''.
(2) Federal employees.--Section 717 of such Act (42 U.S.C.
2000e-16) is amended by adding at the end the following:
``(g) Sections 703(m) and 706(g)(2)(B) shall apply to mixed motive
cases (involving practices described in section 703(m)) under this
section.''.
(c) Americans With Disabilities Act of 1990.--
(1) Definitions.--Section 101 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12111) is amended by adding
at the end the following:
``(11) Demonstrates.--The term `demonstrates' means meets
the burdens of production and persuasion.''.
(2) Clarifying prohibition against impermissible
consideration of disability in employment practices.--Section
102 of such Act (42 U.S.C. 12112) is amended by adding at the
end the following:
``(e) Proof.--
``(1) Establishment.--Except as otherwise provided in this
Act, a discriminatory practice is established under this Act
when the complaining party demonstrates that disability or an
activity protected by subsection (a) or (b) of section 503 was
a motivating factor for any employment practice, even though
other factors also motivated the practice.
``(2) Demonstration.--In establishing a discriminatory
practice under paragraph (1) or by any other method of proof, a
complaining party--
``(A) may rely on any type or form of admissible
evidence and need only produce evidence sufficient for
a reasonable trier of fact to find that a
discriminatory practice occurred under this Act; and
``(B) shall not be required to demonstrate that
disability or an activity protected by subsection (a)
or (b) of section 503 was the sole cause of an
employment practice.''.
(3) Certain antiretaliation claims.--Section 503(c) of such
Act (42 U.S.C. 12203(c)) is amended--
(A) by striking ``The remedies'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2), the
remedies''; and
(B) by adding at the end the following:
``(2) Certain antiretaliation claims.--Section 107(c) shall
apply to claims under section 102(e)(1) with respect to title
I.''.
(4) Remedies.--Section 107 of such Act (42 U.S.C. 12117) is
amended by adding at the end the following:
``(c) Discriminatory Motivating Factor.--On a claim in which an
individual demonstrates that disability was a motivating factor for any
employment practice, under section 102(e)(1), and a respondent
demonstrates that the respondent would have taken the same action in
the absence of the impermissible motivating factor, the court--
``(1) may grant declaratory relief, injunctive relief
(except as provided in paragraph (2)), and attorney's fees and
costs demonstrated to be directly attributable only to the
pursuit of a claim under section 102(e)(1); and
``(2) shall not award damages or issue an order requiring
any admission, reinstatement, hiring, promotion, or payment.''.
(d) Rehabilitation Act of 1973.--
(1) In general.--Sections 501(g), 503(d), and 504(d) of the
Rehabilitation Act of 1973 (29 U.S.C. 791(g), 793(d), and
794(d)), are each amended by adding after the words ``title I
of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111
et seq.)'' the following: ``, including the standards of
causation or methods of proof applied under section 102(e) of
that Act (42 U.S.C. 12112(e)),''.
(2) Federal employees.--The amendment made by paragraph (1)
to section 501(g) shall be construed to apply to all employees
covered by section 501.
SEC. 4. APPLICATION.
This Act, and the amendments made by this Act, shall apply to all
claims pending on or after the date of enactment of this Act. | Protecting Older Workers Against Discrimination Act - Amends the Age Discrimination in Employment Act of 1967 to specify that an unlawful employment practice is established when the complaining party demonstrates that age or participation in investigations, proceedings, or litigation under such Act was a motivating factor for any practice, even though other factors also motivated the practice (thereby allowing what are commonly known as "mixed motive" claims). Permits a complaining party to rely on any type or form of admissible evidence, which need only be sufficient for a reasonable trier of fact to find that an unlawful practice occurred. Declares that a complaining party shall not be required to demonstrate that age or retaliation was the sole cause of a practice (thereby rejecting the Supreme Court decision in Gross v. FBL Financial Services, Inc., which requires a complainant to prove that age was the "but-for" cause for the employer's decision). Authorizes the court, on a claim in which an individual demonstrates that age was a motivating factor for any employment practice and in which a respondent demonstrates that the same action would have been taken in the absence of the impermissible motivating factor, to grant declaratory relief, injunctive relief, and attorney's fees and costs directly attributable only to the pursuit of a claim. Prohibits the court in such an instance from awarding damages or issuing an order requiring any admission, reinstatement, hiring, promotion, or payment. Applies the same standard of proof to other employment discrimination and retaliation claims, including claims under the Civil Rights Act of 1964, the Americans With Disabilities Act of 1990, the Rehabilitation Act of 1973, and similar laws concerning federal employees. | Protecting Older Workers Against Discrimination Act |
on the Budget for
Fiscal Year 2005.--Notwithstanding any other provision of law, all
adjustments made pursuant to section 110(a)(2) of title 23, United
States Code, to sums authorized to be appropriated from the Highway
Trust Fund (other than the Mass Transit Account) to carry out each of
the Federal-aid highway and highway safety construction programs (other
than emergency relief) in fiscal year 2005 shall be deemed to be zero.
(e) Sense of Congress on Adjustment to Align Highway Spending With
Revenues.--It is the sense of Congress that, in any multiyear
reauthorization of the Federal-aid highway program, the alignment of
highway spending with revenues under section 251(b)(1)(B)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985 should be
restructured to minimize year-to-year fluctuations in highway spending
levels and to ensure the uniform enforcement of such levels.
(f) Sense of Congress on Fully Guaranteed Funding.--It is the sense
of Congress--
(1) in any multiyear law reauthorizing of the Federal-aid
highway program enacted after the date of the enactment of this
Act, the level of obligation limitations for fiscal year 2005
under the highway category and the mass transit category in
section 8103 of the Transportation Equity Act for the 21st
Century (2 U.S.C. 901 note), as amended and extended, should
equal the obligation limitations for such categories authorized
in such multiyear law;
(2) the highway account category obligation limitation
level for fiscal year 2005 should be equal to the sum of the
Federal Highway Administration, National Highway Safety
Administration, and Federal Motor Carrier Safety Administration
obligation limitations for fiscal year 2005 in such multiyear
law; and
(3) the mass transit category obligation limitation level
for fiscal year 2005 should be equal to the sum of budget
authority and obligation limitation authorizations for Federal
Transit Administration programs for fiscal year 2005 in such
multiyear reauthorization.
SEC. 11. LEVEL OF OBLIGATION LIMITATIONS.
(a) Highway Category.--Section 8103(a) of the Transportation Equity
Act for the 21st Century (2 U.S.C. 901 note; 112 Stat. 492; 117 Stat.
1128) is amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) for fiscal year 2005, $35,392,000,000.''.
(b) Mass Transit Category.--Section 8103(b) of such Act (2 U.S.C.
901 note; 112 Stat. 492; 117 Stat. 1128) is amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) for fiscal year 2005, $7,265,000,000.''.
(c) Treatment of Funds.--Notwithstanding any other provision of
law, funds made available under this Act, including the amendments made
by this Act, shall be deemed to be zero for the purposes of section 110
of the title 23, United States Code.
SEC. 12. EXTENSION OF AUTHORIZATION FOR USE OF TRUST FUNDS FOR
OBLIGATIONS UNDER TEA-21.
(a) Highway Trust Fund.--
(1) In general.--Paragraph (1) of section 9503(c) of the
Internal Revenue Code of 1986 is amended--
(A) in the matter before subparagraph (A), by
striking ``October 1, 2004'' and inserting ``June 1,
2005'',
(B) by striking ``or'' at the end of subparagraph
(I),
(C) by striking the period at the end of
subparagraph (J) and inserting ``, or'',
(D) by inserting after subparagraph (J) the
following new subparagraph:
``(K) authorized to be paid out of the Highway
Trust Fund under the Surface Transportation Extension
Act of 2004, Part V.'', and
(E) in the matter after subparagraph (K), as added
by this paragraph, by striking ``Surface Transportation
Extension Act of 2004, Part IV'' and inserting
``Surface Transportation Extension Act of 2004, Part
V''.
(2) Mass transit account.--Paragraph (3) of section 9503(e)
of such Code is amended--
(A) in the matter before subparagraph (A), by
striking ``October 1, 2004'' and inserting ``June 1,
2005'',
(B) in subparagraph (G), by striking ``or'' at the
end of such subparagraph,
(C) in subparagraph (H), by inserting ``or'' at the
end of such subparagraph,
(D) by inserting after subparagraph (H) the
following new subparagraph:
``(I) the Surface Transportation Extension Act of
2004, Part V,'', and
(E) in the matter after subparagraph (I), as added
by this paragraph, by striking ``Surface Transportation
Extension Act of 2004, Part IV'' and inserting
``Surface Transportation Extension Act of 2004, Part
V''.
(3) Exception to limitation on transfers.--Subparagraph (B)
of section 9503(b)(5) of such Code is amended by striking
``October 1, 2004'' and inserting ``June 1, 2005''.
(4) Conforming amendment.--Subsection (a) of section 10 of
the Surface Transportation Extension Act of 2004, Part IV is
amended by striking paragraph (4).
(b) Aquatic Resources Trust Fund.--
(1) Sport fish restoration account.--Paragraph (2) of
section 9504(b) of the Internal Revenue Code of 1986 is amended
by striking ``Surface Transportation Extension Act of 2004,
Part IV'' each place it appears and inserting ``Surface
Transportation Extension Act of 2004, Part V''.
(2) Boat safety account.--Subsection (c) of section 9504 of
such Code is amended--
(A) by striking ``October 1, 2004'' and inserting
``June 1, 2005'', and
(B) by striking ``Surface Transportation Extension
Act of 2004, Part IV'' and inserting ``Surface
Transportation Extension Act of 2004, Part V''.
(3) Exception to limitation on transfers.--Paragraph (2) of
section 9504(d) of such Code is amended by striking ``October
1, 2004'' and inserting ``June 1, 2005''.
(c) All Alcohol Fuel Taxes Transferred to Highway Trust Fund for
Fiscal Year 2004.--Subparagraphs (E) and (F) of section 9503(b)(4)
(relating to certain taxes not transferred to Highway Trust Fund) are
each amended by inserting ``before October 1, 2003, and for the period
beginning after September 30, 2004, and'' before ``before October 1,
2005''.
(d) Effective Date.--
(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) Transfers to highway trust fund.--The amendments made
by subsection (c) shall apply to taxes imposed after September
30, 2003.
(e) Temporary Rule Regarding Adjustments.--During the period
beginning on the date of the enactment of the Surface Transportation
Extension Act of 2003 and ending on May 31, 2005, for purposes of
making any estimate under section 9503(d) of the Internal Revenue Code
of 1986 of receipts of the Highway Trust Fund, the Secretary of the
Treasury shall treat--
(1) each expiring provision of paragraphs (1) through (4)
of section 9503(b) of such Code which is related to
appropriations or transfers to such Fund to have been extended
through the end of the 24-month period referred to in section
9503(d)(1)(B) of such Code, and
(2) with respect to each tax imposed under the sections
referred to in section 9503(b)(1) of such Code, the rate of
such tax during the 24-month period referred to in section
9503(d)(1)(B) of such Code to be the same as the rate of such
tax as in effect on the date of the enactment of the Surface
Transportation Extension Act of 2003.
(f) Apportionment of Highway Trust Funds for Fiscal Year 2004.--
Section 9503(d)(3) of the Internal Revenue Code of 1986 shall not apply
to any apportionment to the States of the amounts authorized to be
appropriated from the Highway Trust Fund for the fiscal year ending
September 30, 2004.
SEC. 13. EXTENSION OF HIGHWAY PROGRAMS THROUGH END OF FISCAL YEAR 2004.
(a) Advances.--Section 2(a) of the Surface Transportation Extension
Act of 2003 (23 U.S.C. 104 note; 117 Stat. 1110; 118 Stat. 876) is
amended by striking ``and the Surface Transportation Extension Act of
2004, Part IV'' and inserting ``the Surface Transportation Extension
Act of 2004, Part IV, and the Surface Transportation Extension Act of
2004, Part V''.
(b) Authorization of Contract Authority.--Section 1101(c)(1) of the
Transportation Equity Act for the 21st Century (117 Stat. 1111; 118
Stat. 876) is amended by striking ``the period of October 1, 2003,
through September 24,'' and inserting ``fiscal year''.
(c) Limitation on Obligations.--Section 2(e) of the Surface
Transportation Extension Act of 2003 (117 Stat. 1111; 118 Stat. 478;
118 Stat. 876) is amended--
(1) by striking paragraphs (1) through (4) and inserting:
``(1) Distribution of obligation authority.--For the fiscal
year 2004, the Secretary shall distribute the obligation
limitation made available for Federal-aid highways and highway
safety construction programs under the heading `Federal-aid
highways' in the Transportation, Treasury, and Independent
Agencies Appropriations Act, 2004 (division F of Public Law
108-199; 118 Stat. 291; 118 Stat. 1013), in accordance with
section 110 of such Act with the following exceptions:
``(A) The amount of obligation limitation to be
distributed for such period for each program, project,
and activity specified in sections 110(a)(1),
110(a)(2), 110(a)(4), 110(a)(5), and 110(g) of such Act
shall equal the greater of--
``(i) the funding authorized for such
program, project, or activity in this Act and
the Surface Transportation Extension Act of
2004, the Surface Transportation Extension Act
of 2004, Part II, the Surface Transportation
Extension Act of 2004, Part III, and the
Surface Transportation Extension Act of 2004,
Part IV (including any amendments made by this
Act and such Acts); or
``(ii) 49/52 of the funding provided for or
limitation set on such program, project, or
activity in the Transportation, Treasury, and
Independent Agencies Appropriations Act, 2004.
``(B) Before making the distribution under
subsection 110(a)(6) of such Appropriations Act, the
Secretary shall set aside obligation limitation in the
amount of $1,952,480,770 for high priority projects as
authorized by the amendments in section 14 of the
Surface Transportation Extension Act of 2004, Part V.
Such obligation authority shall be available until
used.''; and
(2) by redesignating paragraph (5) as paragraph (2).
(d) Payment From Future Apportionments.--The following sections of
the Surface Transportation Extension Act of 2003 (117 Stat. 1110) are
repealed:
(1) 2(c) (117 Stat. 1111; 118 Stat. 877).
(2) 5(n) (117 Stat. 1119; 118 Stat. 483; 118 Stat. 632; 118
Stat. 703; 118 Stat. 881).
SEC. 14. HIGH PRIORITY PROJECTS PROGRAM.
(a) Authorization of Appropriations.--Section 1101(a) of the
Transportation Equity Act for the 21st Century (112 Stat. 111-113) is
amended by adding at the end the following:
``(16) High priority projects program for fiscal year 2004
and the period of october 1, 2004, through may 31, 2005.--For
the high priority projects program under section 117 of title
23, United States Code, $2,190,500,000 for fiscal year 2004 and
$1,374,161,333 for the period of October 1, 2004, through May
31, 2005.''.
(b) Authorization of Projects.--Section 117(a) of title 23, United
States Code, is amended by striking ``1602 of the Transportation Equity
Act for the 21st Century'' and inserting ``14(h) of the Surface
Transportation Extension Act of 2004, Part V''.
(c) Allocation Percentages.--Section 117(b) of such title is
amended by striking paragraphs (1) through (6) and inserting the
following:
``(1) 19.6 percent of such amount shall be available for
obligation beginning in fiscal year 2004;
``(2) 18.5 percent of such amount shall be available for
obligation beginning in fiscal year 2005;
``(3) 16.3 percent of such amount shall be available for
obligation beginning in fiscal year 2006;
``(4) 15.3 percent of such amount shall be available for
obligation beginning in fiscal year 2007;
``(5) 15.8 percent of such amount shall be available for
obligation beginning in fiscal year 2008; and
``(6) 14.5 percent of such amount shall be available for
obligation beginning in fiscal year 2009.''.
(d) Federal Share.--Section 117(c) of such title is amended by
striking ``; except'' and all that follows through ``cost thereof''.
(e) Advance Construction.--Section 117(e) of such title is amended
by striking ``1602 of the Transportation Equity Act for the 21st
Century'' each place it appears and inserting ``14(h) of the Surface
Transportation Extension Act of 2004, Part V''.
(f) Availability of Obligation Limitation.--Section 117(g) of such
title is amended by striking ``Transportation Equity Act for the 21st
Century'' and inserting ``Transportation Equity Act: A Legacy for
Users''.
(g) Federal-State Relationship.--Section 145(b) of such title is
amended--
(1) by inserting after ``described in'' the following:
``section 1702 of H.R. 3550 as passed the House of
Representatives on April 4, 2004,'';
(2) by inserting after ``for such projects by'' the
following: ``section 1101(a)(16) of the Transportation Equity
Act for the 21st Century,''; and
(3) by striking ``117 of title 23, United States Code,''
and inserting ``section 117 of this title,''.
(h) Project Authorizations.--Subject to section 117 of title 23,
United States Code, the amount listed for each high priority project in
the table contained in section 1702 of H.R. 3550 as passed the House of
Representatives on April 4, 2004, shall be available (from amounts made
available by section 1101(a)(16) of the Transportation Equity Act for
the 21st Century) for fiscal year 2004 to carry out each such project. | Surface Transportation Extension Act of 2004, Part V - Extends Federal highway, highway safety, motor carrier safety, and transit programs for seven months, and authorizes appropriations, through May 31, 2005.
Directs the Secretary of Transportation to: (1) apportion funds made available for Federal-aid highway programs under the Transportation Equity Act for the 21st Century (TEA-21) to each State according to the ratio of the State's FY 2004 obligation authority to the FY 2004 obligation authority for all States; and (2) ensure that each State is apportioned funds for the Interstate maintenance program, the National Highway System program, the bridge program, the surface transportation program, the congestion mitigation and air quality improvement program, the recreational trails program, the Appalachian development highway system program, and the minimum guarantee.
Sets forth provisions: (1) for reducing future apportionments, and for recovering funds not apportioned, under a multi-year law reauthorizing the Federal-aid highway program that is enacted after enactment of this Act; (2) prohibiting after May 31, 2005, the obligation of any Federal-aid highway program funds until the date of enactment of a multi-year law reauthorizing such program that is enacted after enactment of this Act; and (3) prohibiting a State from transferring after May 31, 2005, unobligated Federal-aid highway funds from amounts apportioned to it for the congestion mitigation and air quality improvement program and the surface transportation program.
Authorizes appropriations through May 31, 2005, for specified Federal-aid highway programs, highway safety programs, the Motor Carrier Safety Administration program, Federal transit programs, and sport fishing and boating safety programs.
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and TEA-21, respectively, to set related discretionary spending limits and obligation limitations for FY 2005.
Amends the Internal Revenue Code to extend authorization for the use of the Highway Trust Fund (including the mass transit account) and the Aquatic Resources Trust Fund for obligations under TEA-21.
Amends the Surface Transportation Extension Act of 2003 to extend highway programs through end of FY 2004.
Amends TEA-21 to authorize appropriations for the high priority projects program through May 31, 2005 (including specified allocation percentages for such projects for FY 2004 through 2009). | To provide an extension of highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund pending enactment of a law reauthorizing the Transportation Equity Act for the 21st Century. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness in Punitive Damage Awards
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) punitive damage awards in jury verdicts in financial
injury cases are a serious and growing problem, and according
to a Rand Institute for Civil Justice study in 1997 of punitive
damage verdicts from calendar years 1985 through 1994 in States
that represent 25 percent of the United States population--
(A) nearly 50 percent of all punitive damage awards
are made in financial injury cases (those in which the
plaintiff is alleging a financial injury only and is
not alleging injuries to either person or property);
(B) punitive damages are awarded in 1 in every 7
financial injury verdicts overall and 1 in every 5
financial injury cases in the State of California;
(C) between calendar years 1985 through 1989 and
calendar years 1990 through 1994, the average punitive
damage verdict in financial injury cases increased from
$3,400,000 to $7,600,000;
(D) between calendar years 1985 through 1989 and
calendar years 1990 through 1994, the award of such
damages at the 90th percentile increased from
$3,900,000 to $12,100,000;
(E) between calendar years 1985 through 1989 and
calendar years 1990 through 1994, the total amount of
punitive damages awarded increased from $1,200,000,000
to $2,300,000,000, for a 10-year total of
$3,500,000,000;
(F) punitive damages represent a very large
percentage of total damages awarded in all financial
injury verdicts, increasing from 44 percent to 59
percent during the period analyzed; and
(G) in the State of Alabama, punitive damages
represent 82 percent of all damages awarded in
financial injury cases;
(2)(A) punitive damage verdicts are only the tip of the
iceberg because only a small percentage of all complaints filed
(1.6 percent according to a Department of Justice study in
1995) result in a jury verdict; and
(B) the Rand Institute of Civil Justice calls the impact of
these verdicts on settlements the ``shadow effect'' of punitive
damages;
(3) excessive, unpredictable, and often arbitrary punitive
damage awards have a direct and undesirable effect on
interstate commerce by increasing the cost and decreasing the
availability of goods and services;
(4) as a result of excessive, unpredictable, and often
arbitrary punitive damage awards, consumers have been adversely
affected through the withdrawal of products, producers,
services, and service providers from the marketplace, and from
excessive liability costs passed on to consumers through higher
prices;
(5) excessive, unpredictable, and often arbitrary punitive
damage awards jeopardize the financial well-being of many
individuals and companies, particularly the Nation's small
businesses, and adversely affect government and taxpayers;
(6) individual State legislatures can create only a partial
remedy to address these problems because each State lacks the
power to control the imposition of punitive damages in other
States;
(7) it is the constitutional role of the national
Government to remove barriers to interstate commerce and to
protect due process rights;
(8) there is a need to restore rationality, certainty, and
fairness to the award of punitive damages in order to protect
against excessive, arbitrary, and uncertain awards;
(9) establishing a rule of proportionality, in cases that
primarily involve financial injury, between the amount of
punitive damages awarded and the amount of compensatory damages, as 15
States have established, would--
(A) be fair to both plaintiffs and defendants; and
(B) address the constitutional objection of the
United States Supreme Court in BMW of North America v.
Gore 116 S. Ct. 1589 (1996) to punitive damages that
are grossly excessive in relation to the harm suffered;
and
(10) permitting a maximum for each claimant recovery for
punitive damages of the greater of 3 times the amount of
economic loss or $250,000 is a balanced solution that would
reduce grossly excessive punitive damage awards by as much as
40 percent, according to the Rand Institute for Civil Justice.
(b) Purposes.--Based upon the powers contained in Article I,
section 8, clause 3 and section 5 of the 14th amendment of the United
States Constitution, the purposes of this Act are to--
(1) promote the free flow of goods and services and to
lessen burdens on interstate commerce; and
(2) uphold constitutionally protected due process rights by
placing reasonable limits on damages over and above the actual
damages suffered by a claimant.
SEC. 3. DEFINITIONS.
For purposes of this Act, the term--
(1) ``act of terrorism'' means any activity that--
(A)(i) is a violation of the criminal laws of the
United States or any State; or
(ii) would be a criminal violation if committed
within the jurisdiction of the United States or any
State; and
(B) appears to be intended to intimidate or coerce
a civilian population, to influence the policy of a
government by intimidation or coercion, or to affect
the conduct of a government by assassination or
kidnaping;
(2) ``claimant''--
(A) means any person who brings a civil action that
is subject to this Act and any person on whose behalf
such an action is brought; and
(B) includes--
(i) a claimant's decedent if such action is
brought through or on behalf of an estate; and
(ii) a claimant's legal guardian if such
action is brought through or on behalf of a
minor or incompetent;
(3) ``economic loss'' means objectively verifiable monetary
losses including medical expenses, loss of earnings, burial
costs, loss of use of property, costs of repair or replacement,
costs of obtaining substitute domestic services, loss of
employment, and loss of business or employment opportunities,
to the extent such recovery is allowed under applicable Federal
or State law;
(4) ``harm'' means any legally cognizable wrong or injury
for which punitive damages may be imposed;
(5) ``interstate commerce'' means commerce among the
several States or with foreign nations, or in any territory of
the United States or in the District of Columbia, or between
any such territory and another, or between any such territory
and any State or foreign nation, or between the District of
Columbia and any State or territory or foreign nation;
(6) ``person'' means any individual, corporation, company,
association, firm, partnership, society, joint stock company,
or any other entity (including any governmental entity);
(7) ``punitive damages'' means damage awarded against any
person to punish or deter such person, or others, from engaging
in similar behavior in the future; and
(8) ``qualified charity'' means any organization exempt
from filing information returns pursuant to section 6033(a) of
the Internal Revenue Code of 1986 as that exemption exists on
the effective date of this Act.
SEC. 4. APPLICABILITY.
(a) General Rule.--
(1) Civil actions covered.--Except as provided in
subsection (b), this Act applies to any civil action brought in
any Federal or State court where such action affects interstate
commerce, charitable or religious activities, or implicates
rights or interests that may be protected by Congress under
section 5 of the 14th amendment of the United States
Constitution and where the claimant seeks to recover punitive
damages under any theory for harm that did not result in death,
serious and permanent physical scarring or disfigurement, loss
of a limb or organ, or serious and permanent physical
impairment of an important bodily function. Punitive damages
may, to the extent permitted by applicable State law, be
awarded against a person in such a case only if the claimant
establishes that the harm that is the subject of the action was
proximately caused by such person. Notwithstanding any other
provision of this Act, punitive damages may, to the extent
permitted by applicable State law, be awarded against a
qualified charity only if the claimant established by clear and
convincing evidence that the harm that is the subject of the
action was proximately caused by an intentionally tortious act
of such qualified charity.
(2) Question of law.--What constitutes death, serious and
permanent physical scarring or disfigurement, loss of a limb or
organ, or serious and permanent physical impairment of an
important bodily function shall be a question of law for the
court.
(b) Exceptions.--
(1) In general.--The provisions of this Act shall not apply
to any person in a civil action described in subsection (a)(1)
if the misconduct for which punitive damages are awarded
against that person--
(A) constitutes a crime of violence (as that term
is defined in section 16 of title 18, United States
Code) for which the defendant has been convicted in any
court;
(B) constitutes an act of terrorism for which the
defendant has been convicted in any court;
(C) constitutes a hate crime (as that term is used
in the Hate Crime Statistics Act, Public Law 101-275;
104 Stat. 140; 28 U.S.C. 534 note) for which the
defendant has been convicted in any court;
(D) occurred at a time when the defendant was under
the influence (as determined pursuant to applicable
State law) of intoxicating alcohol or any drug that may
not lawfully be sold without a prescription and had
been taken by the defendant other than in accordance
with the terms of a lawful prescription; or
(E) constitutes a felony sexual offense, as defined
by applicable Federal or State law, for which the
defendant has been convicted in any court.
(2) Question of law.--The applicability of this subsection
shall be a question of law for determination by the court. The
liability of any other person in such an action shall be
determined in accordance with this Act.
SEC. 5. PROPORTIONAL AWARDS.
(a) Amount.--
(1) In general.--The amount of punitive damages that may be
awarded to a claimant in any civil action that is subject to
this Act shall not exceed the greater of--
(A) 3 times the amount awarded to the claimant for
economic loss; or
(B) $250,000.
(2) Special rule.--
(A) In general.--Notwithstanding paragraph (1), in
any civil action that is subject to this Act against an
individual whose net worth does not exceed $500,000 or
against an owner of an unincorporated business, or any
partnership, corporation, association, unit of local
government, or organization that has fewer than 25
full-time employees, the amount of punitive damages
shall not exceed the lesser of--
(i) 3 times the amount awarded to the
claimant for economic loss; or
(ii) $250,000.
(B) Applicability.--For purposes of determining the
applicability of this paragraph to a corporation, the
number of employees of a subsidiary of a wholly owned
corporation shall include all employees of a parent
corporation or any subsidiary of that parent
corporation.
(b) Application of Limitations by the Court.--The limitations in
subsection (a) shall be applied by the court and shall not be disclosed
to the jury.
SEC. 6. PREEMPTION.
Nothing in this Act shall be construed to--
(1) create a cause of action for punitive damages;
(2) supersede or alter any Federal law;
(3) preempt or supersede any Federal or State law to the
extent such law would further limit the award of punitive
damages; or
(4) modify or reduce the ability of courts to order
remittitur.
SEC. 7. FEDERAL CAUSE OF ACTION PRECLUDED.
The district courts of the United States shall not have
jurisdiction pursuant to this Act based on section 1331 or 1337 of
title 28, United States Code.
SEC. 8. EFFECTIVE DATE.
This Act applies to any civil action described in section 4 that is
commenced on or after the date of enactment of this Act, without regard
to whether the harm that is the subject of the action or the conduct
that caused the harm occurred before such date of enactment. | Fairness in Punitive Damage Awards Act - Limits punitive damage awards in civil actions brought in Federal or State court that affect interstate commerce, charitable or religious activities, or implicate rights or interests that may be protected by the Congress under the 14th Amendment, where such damages are sought for harm that did not result in death, serious and permanent physical scarring or disfigurement, loss of a limb or organ, or serious and permanent physical impairment of an important bodily function.
Permits punitive damages, to the extent permitted by applicable State law, to be awarded against: (1) a person in such a case only if the claimant establishes that the harm that is the subject of the action was proximately caused by such person; and (2) a qualified charity only if the claimant established by clear and convincing evidence that the harm was proximately caused by an intentionally tortious act of such charity.
Makes this Act inapplicable to any person in such action if the misconduct for which punitive damages are awarded: (1) occurred at a time when the defendant was under the influence of intoxicating alcohol or any drug that may not lawfully be sold without a prescription and had been taken by the defendant other than in accordance with the terms of a lawful prescription; or (2) constitutes a crime of violence, an act of terrorism, a hate crime, or a felony sexual offense, for which the defendant has been convicted in any court.
(Sec. 5) Limits the amount of punitive damages that may be awarded to a claimant in any civil action that is subject to this Act: (1) to the greater of three times the amount awarded to the claimant for economic loss or $250,000; or (2) for an individual whose net worth does not exceed $500,000 or against an owner of an unincorporated business, or any partnership, corporation, association, unit of local government, or organization that has fewer than 25 full-time employees, to the lesser of three times the amount awarded to the claimant for economic loss or $250,000.
Directs that these limitations be applied by the court and not be disclosed to the jury.
(Sec. 7) Denies the U.S. district courts jurisdiction pursuant to this Act based on Federal provisions regarding Federal question jurisdiction, or commerce and antitrust regulations and amount in controversy. | Fairness in Punitive Damage Awards Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rapid Pathogen Identification to
Delivery of Cures Act''.
SEC. 2. FINDINGS AND POLICY.
(a) Findings.--The Congress finds as follows:
(1) The possibility exists today that terrorists or others
who intend harm to United States forces deployed abroad or to
the homeland will use techniques in biotechnology to enhance
the transmissibility, stability, virulence, or host range of a
biological agent, or to render existing diagnostic,
therapeutic, and vaccine strategies or innate immune responses
against a biological agent less effective.
(2) This possibility will likely grow over time as such
techniques develop, improve, and spread as an inevitable result
of biotechnology innovation.
(3) Natural processes can also lead to the emergence of
previously unknown and harmful pathogens or render known
pathogens resistant to existing diagnostic, therapeutic, or
adaptive immune approaches.
(4) Long delays in developing new and effective responses
to pathogens are typical. The discovery, development, and
approval process for new drugs and vaccines typically requires
10 to 20 years and costs an average of $800 million. These
constraints reflect the long, costly research and development
process, including the failure of most drug or vaccine
candidates to demonstrate favorable characteristics in pre-
clinical testing, as well as the expensive, time-consuming
clinical trials required to prove the safety and effectiveness
of new treatments.
(5) Congress has already authorized the abridgement of the
long testing and approval process required to ensure safety and
efficacy under the emergency conditions of a severe outbreak of
a harmful pathogen. However, it will likely still take years
for even an experimental treatment or vaccine to become
available.
(6) There is no coordinated, focused research and
development program or overall national strategy to achieve
significant and dramatic reductions in the timeframe from the
identification of a pathogen to the development and emergency
approval for human use of reasonably safe and effective new
biodefense medical countermeasures against a previously unknown
or engineered pathogen or toxin.
(7) Even utilizing existing technologies, there is no
organized capability in the public or private sector to rapidly
screen drug candidates for potential therapeutic activity
against pathogens, develop and manufacture drug, biological, or
medical device products, or test already approved treatments
for efficacy against a previously unknown or engineered
biological threat that puts our deployed armed forces or the
homeland at risk.
(8) In the area of infectious disease in particular,
private sector firms are abandoning all types of innovation and
research and development in favor of investments in more
profitable medical markets.
(9) Tremendous potential exists for benefits to health by
concerted, targeted public-private investment to dramatically
reduce the timeframe for the development of new
countermeasures. The pharmaceutical and biotechnology
industries are fundamentally innovative and are quick to
integrate new technologies. Useful and important discoveries
and technological advances will be rapidly absorbed by the
private sector, leading to faster delivery of new medicines and
reductions in the costs of drug development.
(b) Policy.--The Congress hereby declares it to be the national
policy of the United States to promote technological advancements that
will dramatically reduce the timeframe for the development of new
medical countermeasures to treat or prevent disease caused by
infectious disease agents or toxins that, through natural processes or
intentional introduction, may pose a significant risk to public health
now or in the future.
SEC. 3. RAPID BIODEFENSE COUNTERMEASURES DEVELOPMENT NATIONAL STRATEGY.
Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et
seq.) (Public Law 107-296) is amended by inserting after section 304
the following section:
``SEC. 304A. RAPID BIODEFENSE COUNTERMEASURES DEVELOPMENT NATIONAL
STRATEGY.
``(a) National Strategy for Shortening the Medical Countermeasure
Development Timeframe.--Not later than 180 days after the date of the
enactment of the Rapid Pathogen Identification to Delivery of Cures
Act, the Secretaries of Homeland Security, Health and Human Services,
and Defense shall submit to Congress a report setting forth a strategy
to achieve dramatic reductions in the timeframe from pathogen
identification to the development and emergency approval for human use
of reasonably safe and effective priority countermeasure against a
novel or unknown pathogen or toxin.
``(b) Elements.--The report under subsection (a) shall include the
following:
``(1) The identification of the technical impediments to
reductions in the timeframe from pathogen identification to
priority countermeasure development and approval under
emergency conditions.
``(2) The identification of the research, development, and
technology needs and clinical research needs to address these
impediments.
``(3) The identification of existing research and
development efforts in Federal agencies, academia and industry
that are addressing the needs identified in subsection (c)(2).
``(4) The identification of facilities, programs and
resources that can be utilized to address these research,
development, and technology needs and clinical research needs
among--
``(A) Federal agencies;
``(B) colleges and universities;
``(C) not-for-profit institutions;
``(D) industry, including information technology,
software, robotics, pharmaceutical and biotechnology
companies and their consortia; and
``(E) foreign research and technological
institutions.
``(5) A proposal for the establishment of a coordinated and
integrated federal program to address these research,
development, and technology needs, including--
``(A) the application of Federal Government
resources, including recommendations for the allocation
and prioritization of Federal funds;
``(B) interagency management and coordination
mechanisms;
``(C) the establishment of partnerships between
private corporations and Federal agencies or Federally
funded entities;
``(D) information and technology sharing and
coordination mechanisms among public, private,
academic, not-for-profit, and international
institutions;
``(E) the use of incentives to promote private
sector participation; and
``(F) the adjustment of Federal regulatory
requirements to promote private sector innovation.
``(6) The identification of potential liability concerns
stemming from distribution of rapidly-developed priority
countermeasures under emergency conditions and a proposal for
regulatory or legislative approaches to eliminating these
concerns.
``(7) A proposal for managing the transfer of new
technologies and associated intellectual property rights.
``(c) Considerations.--In developing the national strategy under
subsection (a), the Secretaries shall consider--
``(1) the research, development, and technology needs and
clinical research needs of the entire pathogen identification
to priority countermeasures discovery, development, production,
and approval process, including--
``(A) initial identification and characterization
of a pathogen or toxin, including the identification of
any genetic or other manipulations;
``(B) priority countermeasures discovery;
``(C) pre-clinical testing and evaluation of
priority countermeasures;
``(D) safety and efficacy animal testing, including
the needs for approval under emergency conditions and
accelerated approval of new priority countermeasure
under the final rule `New Drug and Biological Drug
Products; Evidence Needed to Demonstrate Effectiveness
of New Drugs When Human Efficacy Studies Are Not
Ethical or Feasible' published in the Federal Register
on May 31, 2002 (67 Fed. Reg. 37988);
``(E) safety and efficacy human testing, including
mechanisms for the conduct of clinical trials under
emergency conditions;
``(F) research-scale and full production-scale
manufacturing, including biologics manufacturing
sciences; and
``(G) the approval of priority countermeasure under
emergency conditions;
``(2) the potential importance of advanced technologies
such as automation, computer modeling and simulation,
bioinformatics, pharmacogenomics, and bioengineering techniques
for manufacturing;
``(3) the availability of sufficient manufacturing capacity
for priority countermeasures production to meet potential
public demand under emergency conditions; and
``(4) the current state of national and international
collaborative research networks and applications to facilitate
and encourage the rapid and coordinated development and sharing
of laboratory and clinical research planning and results.
``(d) Authority to Contract.--The Secretary of Homeland Security,
after consultation with the Secretaries of Health and Human Services
and Defense and the working group established under section 319F(a) of
the Public Health Service Act, may contract with any one or more for-
profit or non-profit firm or institution to conduct the necessary
research and analysis needed to complete any one or more of the
elements described in subsection (b) of the report required in this
section, provided the considerations described in subsection (c) are
met.
``(e) Definitions.--In this section:
``(1) The term `emergency conditions' refers to a
declaration of emergency under section 564 of the Federal Food,
Drug, and Cosmetic Act.
``(2) The term `pathogen identification' means the point in
time in which a specific agent that can be reasonably assumed
to be the cause of (or has the potential to be the cause of) an
infectious disease or toxin-induced syndrome has been
identified and partially or wholly characterized
scientifically.
``(3) The term `priority countermeasure' has the same
meaning given such term in section 319F(h) of the Public Health
Service Act.
``(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $10,000,000
for fiscal year 2005.''.
SEC. 4. CLINICAL RESEARCH UNDER EMERGENCY CONDITIONS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
establish a system for the rapid establishment of clinical research
programs to examine the safety and efficacy of new or existing
treatments for novel, unknown, or bioengineered pathogens or toxins.
The Secretary shall also provide the means for rapid dissemination of
results and recommendations to clinicians nationwide.
(b) Emergency Fund.--A fund is authorized to be established for
use, at the discretion of the Secretary, solely for the support of
clinical research as described in subsection (a).
SEC. 5. INTERAGENCY WORKING GROUP.
Section 319F(a) of the Public Health Service Act, as amended by
Public Law 107-188, is amended--
(1) by inserting ``the Secretary of Homeland Security,''
after ``in coordination with the'';
(2) by redesignating subparagraphs (D) through (L) as
subparagraphs (E) through (M), respectively; and
(3) by inserting after subparagraph (C) the following
subparagraph:
``(D) development of a national strategy to achieve
dramatic reductions in the timeframe from the
identification of a pathogen to the development and
approval for human use under emergency conditions of
priority countermeasures against a novel, unknown, or
engineered pathogen or toxin;''.
SEC. 6. DEVELOPING THE CAPABILITY FOR RAPID BIODEFENSE COUNTERMEASURE
DEVELOPMENT.
(a) Research.--Section 319F(h)(1) of the Public Health Service Act,
as amended by Public Law 107-188, is amended--
(1) in subparagraph (C), by striking ``and'' after the
semicolon;
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following
subparagraph:
``(D) the development of a capability to rapidly
identify, develop, produce, and approve for human use
under emergency conditions priority countermeasures
against a novel, unknown, or engineered pathogen or
toxin; and''.
(b) Research and Development at the Department of Defense.--Section
1601(a) of the National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136) is amended by adding at the end the following:
``The program shall also include research, development, and procurement
to provide the Federal Government with the capability to rapidly
identify, develop, produce, and approve for human use under emergency
conditions priority countermeasures against a novel, unknown, or
engineered pathogen or toxin, and for which no existing countermeasure
has been determined to be safe or efficacious.''.
(c) Research and Development at the Department of Homeland
Security.--Title III of the Homeland Security Act of 2002, as amended
by section 3 of this Act, is amended by inserting after section 304A
the following section:
``SEC. 304B. DEVELOPING THE CAPABILITY FOR RAPID BIODEFENSE
COUNTERMEASURE DEVELOPMENT.
``The Secretary, in collaboration with the Secretaries of Defense
and Health and Human Services, shall carry out a program for research,
development, and procurement to provide the Federal Government with the
capability to rapidly identify, develop, produce, and approve for human
use under emergency conditions priority countermeasures against a
novel, unknown, or engineered pathogen or toxin, and for which no
existing countermeasure has been determined to be safe or
efficacious.''. | Rapid Pathogen Identification to Delivery of Cures Act - Amends the Homeland Security Act of 2002 to require the Secretaries of Homeland Security, Health and Human Services, and Defense to submit a report setting forth a strategy to reduce the time frame from the identification of a pathogen to the development and emergency approval of a safe and effective countermeasure, which should include: (1) technical impediments to reducing this time frame; (2) research, development, and technology needs to address these impediments; (3) existing efforts to address such needs; (4) a proposal to establish a coordinated and integrated Federal program to address such needs; and (5) potential liability concerns stemming from distribution of rapidly developed priority countermeasures.
Allows the Secretary of Homeland Security to contract with any firm or institution to conduct research and analysis needed for this report.
Requires the Secretary of Health and Human Services to establish a system to rapidly: (1) establish clinical research programs to examine the safety and efficacy of treatments for novel, unknown, or bioengineered pathogens; and (2) disseminate results and recommendations to clinicians. Authorizes establishment of a fund to support such clinical research.
Amends the Public Health Service Act to add the Secretary of Homeland Security to the working group on bioterrorism and to require the working group to assist in developing such a strategy.
Requires the Secretaries of Health and Human Services, Defense, and Homeland Security to conduct programs to develop the capability to rapidly identify, develop, produce, and approve countermeasures. | To promote technological advancements that will dramatically reduce the timeframe for the development of new medical countermeasures to treat or prevent disease caused by infectious disease agents or toxins that, through natural processes or intentional introduction, may pose a significant risk to public health now or in the future. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Tax Equity Act of 2009''.
SEC. 2. FINDINGS AND DECLARATIONS OF POLICY.
(a) Findings.--Congress makes the following findings:
(1) The United States largely relies on a direct tax
system, whereas 150 countries currently employ one particular
form of indirect tax known as value-added taxes (VAT) as well
as direct taxes. The worldwide VAT tax average in 2005 was 15.7
percent, and in countries of the European Union it ranges
between 15 and 25 percent.
(2) Under the rules of the World Trade Organization (WTO),
direct taxes, such as corporate income taxes, if rebated or
refunded upon the export of goods are viewed as export
subsidies and prohibited on most goods and are at least
potentially actionable on all goods. However, indirect taxes,
such as sales taxes and VAT, may be rebated or refunded upon
the export of goods and such rebate or refund is not defined as
constituting a subsidy and hence is not actionable under WTO
rules.
(3) At present, there are no WTO rules on subsidies as
applied to trade in services. However, a number of countries
currently impose taxes on the import of services and exempt or
rebate or refund taxes upon the export of services, to the
disadvantage of United States services providers.
(4) The disparate treatment of border taxes detrimentally
affects United States agricultural producers, manufacturers,
and service providers in that--
(A) refunds of indirect taxes effectively act as
export subsidies to foreign exporters; and
(B) United States exporters are subject to double
taxation, by paying direct taxes on domestic production
in the United States and having their exported product
or service face a border tax in the importing country
consisting of indirect taxes.
(5) Foreign governments paid their producers an estimated
$369 billion of VAT rebates on goods exported to the United
States. Foreign governments collected from United States
producers an estimated $122.4 billion of VAT equivalent taxes
on their imported goods. The combined goods and services
disadvantage in 2007 was $474 billion.
(6) For more than 40 years, United States businesses have
complained of border tax inequity and, since 1968, prior United
States Administrations and Congresses have sought to resolve
it.
(7) Congress has repeatedly recognized the prejudicial
effect of the disparate treatment of border taxes with respect
to goods and has directed the United States to seek a
negotiated solution:
(A) In passing the Trade Act of 1974 (19 U.S.C.
2101 et seq.), Congress sought ``revision of GATT
articles with respect to the treatment of border
adjustments for international taxes to redress the
disadvantage to countries relying primarily on direct
rather than indirect taxes for revenue needs.''.
(B) In section 1101(b)(16) of the Omnibus Trade and
Competitiveness Act of 1988 (19 U.S.C. 2901(b)(16)) and
section 2102(b)(15) of Bipartisan Trade Promotion
Authority Act of 2002 (19 U.S.C. 3802(b)(15)), Congress
declared that a principal trade negotiating objective
of the United States is to obtain a revision of WTO
rules with respect to the treatment of border taxes in
order to redress the disadvantage to countries relying
primarily on direct taxes for revenue rather than
indirect taxes.
(8) The disparate treatment of border taxes is arbitrary,
inequitable, causes economic distortions based only on the type
of tax system used by a country, and is a primary obstacle to
more balanced trade relations between the United States and its
major trading partners.
(b) Declarations of Policy.--Congress declares the following:
(1) It is critically necessary that the issue of border
taxes be addressed and resolved in WTO negotiations, whether in
the ongoing Doha Development Round of WTO negotiations or
subsequent WTO negotiations.
(2) If such WTO negotiations fail to achieve the United
States trade negotiating objective of revising WTO rules with
respect to the treatment of border taxes in order to redress
the disadvantage to countries relying primarily on direct taxes
for revenue rather than indirect taxes, then effective action
through legislation is warranted given the massive and
inequitable distortions to trade that United States
agricultural producers, manufacturers, and service providers
face as a result of border taxes.
SEC. 3. REPORT ON RESULTS OF WTO NEGOTIATIONS TO REVISE WTO RULES
REGARDING BORDER TAXES.
(a) Report Required.--Not later than 60 days after the completion
of WTO negotiations, or by January 1, 2011, whichever occurs first, the
United States Trade Representative shall submit to Congress a report
certifying whether or not each of the United States trade negotiating
objectives regarding border tax treatment, as specified in subsection
(b), has been met as a result of such negotiations.
(b) U.S. Trade Negotiating Objectives Regarding Border Tax
Treatment Specified.--The United States trade negotiating objectives
regarding border tax treatment specified in this subsection are the
following:
(1) With respect to trade in goods, the revision of WTO
rules with respect to the treatment of border adjustments for
internal taxes to redress the disadvantage to countries relying
primarily on direct taxes for revenue rather than indirect
taxes, as provided for in section 2102(b)(15) of Bipartisan
Trade Promotion Authority Act of 2002 (19 U.S.C. 3802(b)(15)).
(2) With respect to trade in services--
(A) the elimination of the disadvantage in trade in
services that exists for countries relying primarily on
direct taxes that are not adjusted at the border rather
than indirect taxes that are adjusted at the border;
and
(B) the revision of WTO rules regarding trade in
services to ensure that such rules do not result in
disparate treatment of border adjustments for internal
taxes based on the direct or indirect nature of such
taxes.
(c) Definition.--In this section, the terms ``WTO negotiations''
and ``negotiations'' mean the ongoing Doha Development Round of World
Trade Organization negotiations or subsequent WTO negotiations that may
result in revisions to WTO rules to meet the United States trade
negotiating objectives regarding border tax treatment, as specified in
subsection (b).
SEC. 4. TAX ON IMPORTS FROM FOREIGN COUNTRIES WITH AN INDIRECT TAX
SYSTEM.
Subtitle D of the Internal Revenue Code (26 U.S.C. 4461 et seq.) is
amended by adding at the end the following new subchapter G:
``Subchapter G--Tax on Imports From Foreign Countries With An Indirect
Tax System
``Sec. 4491. Imposition of tax.
``SEC. 4491. IMPOSITION OF TAX.
``(a) General Rule.--There is hereby imposed a tax on imports of
goods and services from any foreign country that employs an indirect
tax system and grants rebates of indirect taxes paid on goods or
services exported from that country.
``(b) Amount of Tax.--The amount of the tax imposed by subsection
(a) on an imported good or service shall be an amount equal to the
excess of--
``(1) the indirect taxes that are rebated or not paid on
the good or service upon its export, over
``(2) any indirect taxes imposed on the good or service at
the border of the United States.
``(c) Liability and Time of Imposition of Tax.--
``(1) Liability.--The tax imposed by subsection (a) on a
good or service shall be paid by the importer of such good or
service.
``(2) Time of imposition.--The tax imposed by subsection
(a) shall be imposed on imports at the time of entry.
``(d) Period of Applicability.--The tax imposed by subsection (a)
shall apply during the period beginning as prescribed in section
6(a)(1) of the Border Tax Equity Act of 2009 and ending on the date on
which the United States Trade Representative certifies to Congress that
the United States trade negotiating goals of equitable border tax
treatment have been met.
``(e) Special Account.--The tax on imports under subsection (a)
shall be collected by the Bureau of Customs and Border Protection and
deposited into a special account. This special account shall be the
source of payments to qualified United States exporters under section
314(b) of the Tariff Act of 1930.
``(f) Definitions.--For purposes of this subchapter--
``(1) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.
``(2) Importer.--The term `importer' means--
``(A) as such term relates to imports of goods, one
of the parties eligible to file the required customs
entry documentation or information pursuant to section
484(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C.
1484(a)(2)(B)), and
``(B) as such term relates to imports of services,
the importer of the service as defined by the Secretary
in rules and regulations promulgated under this
subchapter.
``(3) Time of entry.--The term `time of entry' means--
``(A) as relates to imports of goods, the time
generally specified in section 484(a)(2)(A) of the
Tariff Act of 1930 (19 U.S.C. 1484(a)(2)(A)) and
prescribed in regulations (19 C.F.R. 141.68), and
``(B) as relates to imports of services, the time
specified by the Secretary in rules and regulations
promulgated under this subchapter.
``(4) Indirect tax system and grants rebates of indirect
taxes.--A foreign country employs an indirect tax system and
grants rebates of indirect taxes paid on goods or services
exported from that country if such country imposes indirect
taxes (including sales taxes and value-added taxes (VAT)) on
goods or services, and permits a rebate of such indirect taxes
paid on goods or services exported from such country.
``(5) Value-added taxes (vat).--The term `value-added
taxes' means an indirect general consumption tax that is levied
by the exporting country on the value added to goods and
services in that country at multiple stages of the production
and supply chain. This type of tax is also referred to as a
goods and services tax (GST).
``(g) Regulations.--The Secretary may prescribe such rules and
regulations as are necessary to carry out this section.''.
SEC. 5. PAYMENTS TO UNITED STATES EXPORTERS TO NEUTRALIZE
DISCRIMINATORY EFFECT OF BORDER TAXES IMPOSED BY
IMPORTING COUNTRIES.
Part II of title III of the Tariff Act of 1930 (19 U.S.C. 1305 et
seq.) is amended by inserting after section 313 the following:
``SEC. 314. PAYMENTS TO UNITED STATES EXPORTERS TO NEUTRALIZE
DISCRIMINATORY EFFECT OF BORDER TAXES IMPOSED BY
IMPORTING COUNTRIES.
``(a) Payments Required.--
``(1) In general.--Upon exportation of goods or services
from the United States to any foreign country that employs an
indirect tax system and imposes or applies indirect taxes on
imports of goods or services at the border, the Secretary of
Homeland Security, acting through the Commissioner responsible
for the Bureau of Customs and Border Protection, shall, if
requested by the exporter, pay to the exporter an amount equal
to the amount of indirect taxes that the importing foreign
country imposes or applies at the border to such goods or
services, minus any United States taxes paid on such goods or
services that have been rebated or refunded upon exportation.
``(2) Information to be included in request.--An exporter
who requests a payment under paragraph (1) shall, in such
request, identify the indirect taxes imposed by the importing
foreign country and present proof of the payment of such taxes
to the importing foreign country's authorities within a
reasonable period of time after exportation of the goods or
services.
``(b) Source of Payments.--
``(1) Special account.--The payments required under
subsection (a) shall be paid from amounts contained in the
special account authorized under section 4491(e) of the
Internal Revenue Code of 1986.
``(2) Appropriation of additional amounts.--To the extent
that, at any time, amounts contained in the special account
described in paragraph (1) are inadequate to make payments
required under subsection (a), there are hereby appropriated,
out of any money in the Treasury of the United States not
otherwise appropriated, such sums as may be necessary for such
purpose.
``(c) Period of Applicability.--The requirement to make payments
under subsection (a) shall apply during the period beginning as
prescribed in subsection (a)(2) or (b) of section 6 of the Border Tax
Equity Act of 2009, as the case may be, and ending on the date on which
the United States Trade Representative certifies to Congress that each
of the United States trade negotiating goals regarding border tax
treatment have been met.
``(d) Regulations.--The Secretary of Homeland Security is
authorized to prescribe such rules and regulations as are necessary to
carry out the provisions of this section.
``(e) Definitions.--In this section:
``(1) Indirect tax system and imposes or applies indirect
taxes on imports of goods or services at the border.--A foreign
country employs an indirect tax system and imposes or applies
indirect taxes on imports of goods or services at the border if
such country imposes indirect taxes (including sales taxes and
value-added taxes (VAT)) on goods or services, and imposes or
applies such indirect taxes on imports of goods or services at
the border.
``(2) Value-added taxes (vat).--The term `value-added
taxes' means an indirect general consumption tax that is levied
by the exporting country on the value added to goods and
services in that country at multiple stages of the production
and supply chain. This type of tax is also referred to as a
goods and services tax (GST).''.
SEC. 6. EFFECTIVE DATES.
(a) General Effective Date.--If, pursuant to subsection (a) of
section 3 of this Act, the United States Trade Representative fails to
certify to Congress by the applicable date specified in such subsection
that each of the United States trade negotiating objectives regarding
border tax treatment described in subsection (b) of such section has
been met as a result of WTO negotiations, then--
(1) section 4491 of the Internal Revenue Code of 1986, as
added by section 4 of this Act, shall take effect 90 days after
such date; and
(2) subject to subsection (b), section 314 of the Tariff
Act of 1930, as added by section 5 of this Act, shall take
effect 120 days after such date.
(b) Earlier Effective Date for Exports of Services.--
(1) In general.--If, pursuant to subsection (a) of section
3 of this Act, the United States Trade Representative fails to
certify to Congress by January 1, 2010, that each of the United
States trade negotiating objectives regarding border tax
treatment described in subsection (b) of such section has been
met as a result of WTO negotiations, then section 314 of the
Tariff Act of 1930, as added by section 5 of this Act, shall
take effect on January 1, 2010, with respect to exports of
services from the United States as described in section 314 of
the Tariff Act of 1930.
(2) Appropriation of amounts.--There are hereby
appropriated, out of any money in the Treasury of the United
States not otherwise appropriated, such sums as may be
necessary for making payments with respect to exports of
services from the United States in accordance with section 314
of the Tariff Act of 1930, as added by section 5 of this Act,
until such time as the special account authorized under
subsection (e) of section 4491 of the Internal Revenue Code of
1986, as added by section 4 of this Act, is established and
amounts contained in the special account are adequate to make
such payments. | Border Tax Equity Act of 2009 - Requires the United States Trade Representative (USTR) to certify to Congress whether or not U.S. objectives for revision of World Trade Organization (WTO) rules on border tax treatment of goods and services from countries with indirect tax systems have been met in WTO negotiations.
Amends the Internal Revenue Code to impose a tax on imports of goods and services from any foreign country that employs an indirect tax system and grants rebates of indirect taxes paid on goods or services exported from that country. Requires deposit of such taxes into a special account.
Requires the Secretary of Homeland Security (DHS), acting through the Commissioner responsible for the Bureau of Customs and Border Protection, upon request of a U.S. exporter, to grant a rebate from this special account to an exporter of goods or services from the United States to such a foreign country of the equivalent of any indirect taxes the foreign country imposes or applies to such goods and services at its border, with certain adjustments. | To authorize the imposition of a tax on imports from any country that employs indirect taxes and grants rebates of the same upon export and to authorize compensatory payments to eligible United States exporters to neutralize the discriminatory effect of such taxes paid by such exporters if United States trade negotiating objectives regarding border tax treatment in World Trade Organization negotiations are not met. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North American Energy Infrastructure
Act''.
SEC. 2. FINDING.
Congress finds that the United States should establish a more
uniform, transparent, and modern process for the construction,
connection, operation, and maintenance of oil and natural gas pipelines
and electric transmission facilities for the import and export of oil
and natural gas and the transmission of electricity to and from Canada
and Mexico, in pursuit of a more secure and efficient North American
energy market.
SEC. 3. AUTHORIZATION OF CERTAIN ENERGY INFRASTRUCTURE PROJECTS AT THE
NATIONAL BOUNDARY OF THE UNITED STATES.
(a) Authorization.--Except as provided in subsection (c) and
section 7, no person may construct, connect, operate, or maintain a
cross-border segment of an oil pipeline or electric transmission
facility for the import or export of oil or the transmission of
electricity to or from Canada or Mexico without obtaining a certificate
of crossing for the construction, connection, operation, or maintenance
of the cross-border segment under this section.
(b) Certificate of Crossing.--
(1) Requirement.--Not later than 120 days after final
action is taken under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) with respect to a cross-border
segment for which a request is received under this section, the
relevant official identified under paragraph (2), in
consultation with appropriate Federal agencies, shall issue a
certificate of crossing for the cross-border segment unless the
relevant official finds that the construction, connection,
operation, or maintenance of the cross-border segment is not in
the public interest of the United States.
(2) Relevant official.--The relevant official referred to
in paragraph (1) is--
(A) the Secretary of State with respect to oil
pipelines; and
(B) the Secretary of Energy with respect to
electric transmission facilities.
(3) Additional requirement for electric transmission
facilities.--In the case of a request for a certificate of
crossing for the construction, connection, operation, or
maintenance of a cross-border segment of an electric
transmission facility, the Secretary of Energy shall require,
as a condition of issuing the certificate of crossing for the
request under paragraph (1), that the cross-border segment of
the electric transmission facility be constructed, connected,
operated, or maintained consistent with all applicable policies
and standards of--
(A) the Electric Reliability Organization and the
applicable regional entity; and
(B) any Regional Transmission Organization or
Independent System Operator with operational or
functional control over the cross-border segment of the
electric transmission facility.
(c) Exclusions.--This section shall not apply to any construction,
connection, operation, or maintenance of a cross-border segment of an
oil pipeline or electric transmission facility for the import or export
of oil or the transmission of electricity to or from Canada or Mexico--
(1) if the cross-border segment is operating for such
import, export, or transmission as of the date of enactment of
this Act;
(2) if a permit described in section 6 for such
construction, connection, operation, or maintenance has been
issued;
(3) if a certificate of crossing for such construction,
connection, operation, or maintenance has previously been
issued under this section; or
(4) if an application for a permit described in section 6
for such construction, connection, operation, or maintenance is
pending on the date of enactment of this Act, until the earlier
of--
(A) the date on which such application is denied;
or
(B) July 1, 2016.
(d) Effect of Other Laws.--
(1) Application to projects.--Nothing in this section or
section 7 shall affect the application of any other Federal
statute to a project for which a certificate of crossing for
the construction, connection, operation, or maintenance of a
cross-border segment is sought under this section.
(2) Energy policy and conservation act.--Nothing in this
section or section 7 shall affect the authority of the
President under section 103(a) of the Energy Policy and
Conservation Act.
SEC. 4. IMPORTATION OR EXPORTATION OF NATURAL GAS TO CANADA AND MEXICO.
Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is
amended--
(1) by striking, ``For purposes of subsection (a) of this
section'' and inserting the following:
``(1) In general.--For purposes of subsection (a)''; and
(2) by adding at the end the following:
``(2) Deadline for approval of applications relating to
canada and mexico.--In the case of an application for the
importation or exportation of natural gas to or from Canada or
Mexico, the Commission shall approve the application not later
than 30 days after the date of receipt of the application.''.
SEC. 5. TRANSMISSION OF ELECTRIC ENERGY TO CANADA AND MEXICO.
(a) Repeal of Requirement To Secure Order.--Section 202(e) of the
Federal Power Act (16 U.S.C. 824a(e)) is repealed.
(b) Conforming Amendments.--
(1) State regulations.--Section 202(f) of the Federal Power
Act (16 U.S.C. 824a(f)) is amended by striking ``insofar as
such State regulation does not conflict with the exercise of
the Commission's powers under or relating to subsection
202(e)''.
(2) Seasonal diversity electricity exchange.--Section
602(b) of the Public Utility Regulatory Policies Act of 1978
(16 U.S.C. 824a-4(b)) is amended by striking ``the Commission
has conducted hearings and made the findings required under
section 202(e) of the Federal Power Act'' and all that follows
through the period at the end and inserting ``the Secretary has
conducted hearings and finds that the proposed transmission
facilities would not impair the sufficiency of electric supply
within the United States or would not impede or tend to impede
the coordination in the public interest of facilities subject
to the jurisdiction of the Secretary.''.
SEC. 6. NO PRESIDENTIAL PERMIT REQUIRED.
No Presidential permit (or similar permit) required under Executive
Order No. 13337 (3 U.S.C. 301 note), Executive Order No. 11423 (3
U.S.C. 301 note), section 301 of title 3, United States Code, Executive
Order No. 12038, Executive Order No. 10485, or any other Executive
order shall be necessary for the construction, connection, operation,
or maintenance of an oil or natural gas pipeline or electric
transmission facility, or any cross-border segment thereof.
SEC. 7. MODIFICATIONS TO EXISTING PROJECTS.
No certificate of crossing under section 3, or permit described in
section 6, shall be required for a modification to the construction,
connection, operation, or maintenance of an oil or natural gas pipeline
or electric transmission facility--
(1) that is operating for the import or export of oil or
natural gas or the transmission of electricity to or from
Canada or Mexico as of the date of enactment of the Act;
(2) for which a permit described in section 6 for such
construction, connection, operation, or maintenance has been
issued; or
(3) for which a certificate of crossing for the cross-
border segment of the pipeline or facility has previously been
issued under section 3.
SEC. 8. EFFECTIVE DATE; RULEMAKING DEADLINES.
(a) Effective Date.--Sections 3 through 7, and the amendments made
by such sections, shall take effect on July 1, 2015.
(b) Rulemaking Deadlines.--Each relevant official described in
section 3(b)(2) shall--
(1) not later than 180 days after the date of enactment of
this Act, publish in the Federal Register notice of a proposed
rulemaking to carry out the applicable requirements of section
3; and
(2) not later than 1 year after the date of enactment of
this Act, publish in the Federal Register a final rule to carry
out the applicable requirements of section 3.
SEC. 9. DEFINITIONS.
In this Act--
(1) the term ``cross-border segment'' means the portion of
an oil or natural gas pipeline or electric transmission
facility that is located at the national boundary of the United
States with either Canada or Mexico;
(2) the term ``modification'' includes a change in
ownership, volume expansion, downstream or upstream
interconnection, or adjustment to maintain flow (such as a
reduction or increase in the number of pump or compressor
stations);
(3) the term ``natural gas'' has the meaning given that
term in section 2 of the Natural Gas Act (15 U.S.C. 717a);
(4) the term ``oil'' means petroleum or a petroleum
product;
(5) the terms ``Electric Reliability Organization'' and
``regional entity'' have the meanings given those terms in
section 215 of the Federal Power Act (16 U.S.C. 824o); and
(6) the terms ``Independent System Operator'' and
``Regional Transmission Organization'' have the meanings given
those terms in section 3 of the Federal Power Act (16 U.S.C.
796). | North American Energy Infrastructure Act - Prohibits any person from constructing, connecting, operating, or maintaining a cross-border segment of an oil or natural gas pipeline or electric transmission facility at the national boundary of the United States for the import or export of oil, natural gas, or electricity to or from Canada or Mexico without obtaining a certificate of crossing under this Act. Requires the Secretary of State, with respect to oil pipelines, or the Secretary of Energy (DOE), with respect to electric transmission facilities, to issue a certificate of crossing for the cross-border segment within 120 days after final action is taken under the National Environmental Policy Act of 1969, unless it is not in U.S. public interest. Directs DOE, as a condition of issuing a certificate, to require that the cross-border segment be constructed, connected, operated, or maintained consistent with specified policies and standards. Amends the Natural Gas Act to require the Federal Energy Regulatory Commission (FERC) to approve within 30 days after receipt any application for the importation or exportation of natural gas to or from Canada or Mexico. Declares that no presidential permit shall be necessary for the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility, including any cross-border segment. | North American Energy Infrastructure Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Otay Mountain Wilderness Act of
1999''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the public land in the Otay Mountain region of
California is one of the last remaining pristine locations in
western San Diego County, California;
(2) this rugged mountain adjacent to the United States-
Mexico border is internationally known for having a diversity
of unique and sensitive plants;
(3) this area plays a critical role in San Diego's multi-
species conservation plan, a national model made for
maintaining biodiversity;
(4) due to the proximity of the Otay Mountain region to the
international border, this area is the focus of important law
enforcement and border interdiction efforts necessary to
curtail illegal immigration and protect the area's wilderness
values; and
(5) the illegal immigration traffic, combined with the
rugged topography, present unique fire management challenges
for protecting lives and resources.
SEC. 3. DEFINITIONS.
In this Act:
(1) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Wilderness area.--The term ``Wilderness Area'' means
the Otay Mountain Wilderness designated by section 4.
SEC. 4. DESIGNATION.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), there is designated as wilderness and as a component of
the National Wilderness Preservation System certain public land in the
California Desert District of the Bureau of Land Management,
California, comprising approximately 18,500 acres as generally depicted
on a map entitled ``Otay Mountain Wilderness'' and dated May 7, 1998.
(b) Otay Mountain Wilderness.--The area designated under subsection
(a) shall be known as the Otay Mountain Wilderness.
SEC. 5. MAP AND LEGAL DESCRIPTION.
(a) In General.--As soon as practicable after the date of enactment
of this Act, a map and a legal description for the Wilderness Area
shall be filed by the Secretary with--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Resources of the House of
Representatives.
(b) Force and Effect.--The map and legal description shall have the
same force and effect as if included in this Act, except that the
Secretary, as appropriate, may correct clerical and typographical
errors in the map and legal description.
(c) Availability.--The map and legal description for the Wilderness
Area shall be on file and available for public inspection in the
offices of the Director and California State Director of the Bureau of
Land Management.
(d) United States-Mexico Border.--In carrying out this section, the
Secretary shall ensure that the southern boundary of the Wilderness
Area is--
(1) 100 feet north of the trail depicted on the map
referred to in subsection (a); and
(2) not less than 100 feet from the United States-Mexico
international border.
SEC. 6. WILDERNESS REVIEW.
All public land not designated as wilderness within the boundaries
of the Southern Otay Mountain Wilderness Study Area (CA-060-029) and
the Western Otay Mountain Wilderness Study Area (CA-060-028) managed by
the Bureau of Land Management and reported to the Congress in 1991--
(1) have been adequately studied for wilderness designation
under section 603 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1782); and
(2) shall no longer be subject to the requirements
contained in section 603(c) of that Act pertaining to the
management of wilderness study areas in a manner that does not
impair the suitability of those areas for preservation as
wilderness.
SEC. 7. ADMINISTRATION OF WILDERNESS AREA.
(a) In General.--Subject to valid existing rights and to subsection
(b), the Wilderness Area shall be administered by the Secretary in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except
that for the purposes of the Wilderness Area--
(1) any reference in that Act to the effective date of that
Act shall be considered to be a reference to the effective date
of this Act; and
(2) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior.
(b) Border Enforcement, Drug Interdiction, and Wildland Fire
Protection.--Because of the proximity of the Wilderness Area to the
United States-Mexico international border, drug interdiction, border
operations, and wildland fire management operations are common
management actions throughout the area encompassing the Wilderness
Area. This Act recognizes the need to continue such management actions
so long as such management actions are conducted in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and are subject to such
conditions as the Secretary considers appropriate.
SEC. 8. FURTHER ACQUISITIONS.
Any land within the boundaries of the Wilderness Area that is
acquired by the United States after the date of enactment of this Act
shall--
(1) become part of the Wilderness Area; and
(2) be managed in accordance with this Act and other laws
applicable to wilderness areas.
SEC. 9. NO BUFFER ZONES.
(a) In General.--The designation of the Wilderness Area by this Act
shall not lead to the creation of protective perimeters or buffer zones
outside the boundary of the Wilderness Area.
(b) Nonwilderness Activities.--The fact that nonwilderness
activities or uses can be seen or heard from areas within the
Wilderness Area shall not, in and of itself, preclude nonwilderness
activities or uses outside the boundary of the Wilderness Area. | Recognizes that, because of the Wilderness Area's proximity to the U.S.-Mexican international border, drug interdiction, border operations, and wildland fire management operations need to continue so long as they are conducted in accordance with the Wilderness Act and any conditions the Secretary of the Interior considers appropriate.
Declares that such designation is not intended to lead to the creation of protective buffer zones around the Wilderness. | Otay Mountain Wilderness Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Poverty Measurement Improvement
Act''.
SEC. 2. IMPROVING THE MEASUREMENT OF POVERTY IN THE UNITED STATES.
(a) Definitions.--In this section:
(1) Federal means-tested benefit.--The term ``Federal
means-tested benefit'' means a benefit, refundable tax credit,
or other form of assistance provided under any of the following
programs:
(A) Cash and general programs.--
(i) Supplemental Security Income.
(ii) Earned Income Tax Credit (refundable
portion).
(iii) Additional Child Tax Credit.
(iv) Temporary Assistance to Needy
Families.
(v) Title IV-E Foster Care.
(vi) Title IV-E Adoption Assistance.
(vii) Social Security Disability Insurance.
(B) Medical.--
(i) Medicaid.
(ii) State Children's Health Insurance
Program.
(iii) Refundable Premiums and Out of Pocket
Subsidies under the Patient Protection and
Affordable Health Care Act (PPACA).
(C) Food.--
(i) Supplemental Nutrition Assistance Food
Program (Agriculture).
(ii) Women, Infant and Children (WIC) Food
Program (Agriculture).
(iii) School Breakfast (Agriculture).
(D) Housing.--
(i) Section 8 Housing (HUD).
(ii) Public Housing (HUD).
(iii) Home Investment Partnership Program
(HUD).
(iv) Rural Housing Insurance Fund
(Agriculture).
(v) Rural Housing Service (Agriculture).
(2) Household.--The term ``household'' means a householder
and one or more people related to the householder by birth,
marriage, or adoption.
(3) Total family income.--The term ``total family income''
means, with respect to a household, an amount equal to--
(A) the sum of--
(i) all money income (as defined by the
Bureau of the Census) earned by the members of
the household; and
(ii) the amount, or cash equivalent, of all
Federal means-tested benefits received by the
members of the household; minus
(B) State and Federal income and payroll taxes
attributable to the members of the household.
(4) Income tax data.--The term ``income tax data'' means
return information disclosed to the Bureau of the Census under
section 6103(j)(1)(A) of the Internal Revenue Code of 1986.
(5) Administering agency.--The term ``administering
agency'' means a State or Federal agency responsible for
administering a Federal means-tested benefit, and includes the
following agencies:
(A) The Social Security Administration.
(B) The Department of the Treasury.
(C) The Department of Health and Human Services.
(D) The Department of Housing and Urban
Development.
(E) The Department of Agriculture.
(6) Personally identifiable information.--The term
``personally identifiable information'' means any information
that identifies an individual or could reasonably be used to
identify an individual that is--
(A) collected pursuant to a survey conducted by the
Bureau of the Census; or
(B) disclosed to the Bureau of the Census by an
administering agency for the purpose of carrying out
subsection (b).
(7) Director.--The term ``Director'' means the Director of
the Bureau of the Census.
(b) New Poverty Measurement Linking Survey, Administrative, and
Income Data.--
(1) In general.--Each fiscal year during the period that
begins with fiscal year 2017 and ends with fiscal year 2027, in
order to more accurately determine the extent of poverty in the
United States and the anti-poverty effectiveness of means-
tested benefit and tax programs, the Director shall conduct a
new survey of income and poverty in the United States, and
shall supplement and verify the information obtained pursuant
to such survey using the following:
(A) Data from the most recent available Current
Population Survey.
(B) Data furnished by administering agencies.
(C) Income tax data.
(2) Administering agency data.--
(A) In general.--The head of each administering
agency shall make available to the Director such data
(including income tax data) as the Director shall
require for the purpose of carrying out this
subsection.
(B) Payment of expenses.--The Director shall pay
for the data described in subparagraphs (B) and (C) of
paragraph (1) in such amount, if any (not exceeding the
cost of furnishing the data), as may be determined by
the head of the applicable agency that furnishes the
data.
(3) Publication of survey data.--
(A) Survey methods and responses.--The Director of
the Bureau of the Census shall publish the methods used
to carry out the survey required under paragraph (1),
the number of households surveyed, the rate of
responses, and the extent of survey completion.
(B) Rates and other data.--
(i) In general.--The Director of the Bureau
of the Census shall produce tables and graphs
showing for each year the poverty rates and
related data calculated using the survey
responses and other data collected under
paragraph (1), including--
(I) the total family income for
survey respondents;
(II) a breakdown of the amount of
income taxes and payroll taxes paid by
survey respondents; and
(III) for 2018 and subsequent
years, poverty rates calculated using
updated poverty thresholds as described
in clause (ii).
(ii) Updated poverty thresholds.--For 2018
and subsequent years, the Director shall adjust
the poverty thresholds used for determining
poverty rates by using the personal consumer
expenditure price index (as published by the
Bureau of Economic Analysis).
(C) Creation of a public database.--The Director
shall create a database, available at the Director's
discretion to researchers who meet the security
requirements described in subsection (c)(4), that
contains--
(i) data from the survey required under
paragraph (1); and
(ii) data described in subparagraphs (A)
and (B) of paragraph (1).
(D) No publication of personally identifiable
information.--The Director shall ensure that no
personally identifiable information is included in any
publication of survey information or other data
collected under this section, including the database
created pursuant to subparagraph (C).
(c) Protection and Disclosure of Personally Identifiable
Information.--
(1) In general.--The security, disclosure, and
confidentiality provisions set forth in this Act and sections 9
and 23 of title 13, United States Code, shall apply to
personally identifiable information obtained by the Bureau of
the Census pursuant to this Act.
(2) Assignment of record identification keys.--All
personally identifiable information shall be removed from
individual records, which shall be given record identification
keys for purposes of identification.
(3) Staff access to personally identifiable information.--
An officer or employee of the Bureau of the Census or a
representative from an administering agency may access
personally identifiable information if such officer, employee,
or representative has the special sworn status requirements
implemented by the Bureau of the Census under section 9 and
section 23 of title 13, United States Code.
(4) Public access to personally identifiable information.--
The Director may disclose personally identifiable information
to an individual who has special sworn status as implemented by
the Bureau of the Census under section 9 and section 23 of
title 12, United States Code.
(5) Penalties.--Any individual who knowingly accesses or
discloses personally identifiable information in violation of
this section shall be guilty of a felony and upon conviction
thereof shall be fined in an amount of not more than $300,000
under title 18, United States Code, or imprisoned for not more
than five years, or both.
(6) Inadmissibility of survey data.--Data contained in a
response to a survey conducted pursuant to subsection (b)(1)
shall not be admissible as evidence in any proceeding of any
court, agency, board, or other entity.
(d) State Reporting of Federal Means-Tested Data.--Beginning with
the first full calendar year that begins after the date of enactment of
this Act, with respect to any Federal means-tested benefit that is
administered at the State level by a State administering agency, such
State administering agency shall submit each year to the Federal
administering agency responsible for administering the benefit at the
Federal level a report that identifies each household that received
such benefits during such year by the social security number of the
head of the household and the amount, or cash equivalent, of such
benefit received by such household.
(e) Comparison of Individual Survey Data to Consumer Expenditure
Survey.--Beginning with the first full calendar year that begins after
the date of enactment of this Act and each year thereafter, the Bureau
of the Census shall, in coordination with the Bureau of Labor
Statistics, provide summary statistics comparing the income levels
(constructed using all available administrative, income, and Current
Population Survey data) of respondents to the Consumer Expenditure
Survey conducted by the Bureau of Labor Statistics to the consumption
habits of such respondents.
(f) GAO Report.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit a report to Congress comparing the income measure created
in section 3 to the income measure used by the Bureau of the Census for
purposes of calculating the supplemental poverty measure. | Poverty Measurement Improvement Act This bill requires the Bureau of the Census, for each of FY2017-FY2027, in order to more accurately determine the extent of poverty in the United States and the anti-poverty effectiveness of federal means-tested benefit and tax programs, to conduct a new survey of income and poverty in the United States and supplement and verify the information obtained using data from the most recent available Current Population Survey (CPS), data furnished by state and federal agencies that administer such benefits, and income tax data. The Bureau shall produce tables and graphs showing for each year the poverty rates and related data calculated using the survey responses and other data collected, including: the total family income for survey respondents (the sum of all money income and federal means-tested benefits minus state and federal income and payroll taxes of household members); a breakdown of the amount of income taxes and payroll taxes paid by survey respondents; and for 2018 and subsequent years, poverty rates calculated using updated poverty thresholds. For 2018 and subsequent years, the Bureau shall adjust the poverty thresholds for determining poverty rates by using the personal consumer expenditure price index. The Bureau shall create a database that contains data from the survey, data from the most recent available CPS, and data furnished by administering agencies. The bill applies specified security, disclosure, and confidentiality restrictions to personally identifiable information obtained under this bill and makes data contained in a response to a survey conducted pursuant to this bill inadmissible as evidence in any court or agency proceeding. The bill requires: (1) state administering agencies to report to federal administering agencies on federal means-tested benefits received by each household, (2) the Bureau to provide summary statistics comparing income levels to consumption habits of respondents to the Consumer Expenditure Survey, and (3) the Government Accountability Office to submit a report comparing the income measure created under this bill to the income measure used by the Bureau for calculating the supplemental poverty measure. | Poverty Measurement Improvement Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sudan Peace Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The Government of Sudan has intensified its prosecution of
the war against areas outside of its control, which has already
cost more than 2,000,000 lives and has displaced more than
4,000,000 people.
(2) A viable, comprehensive, and internationally sponsored
peace process, protected from manipulation, presents the best
chance for a permanent resolution of the war, protection of human
rights, and a self-sustaining Sudan.
(3) Continued strengthening and reform of humanitarian relief
operations in Sudan is an essential element in the effort to bring
an end to the war.
(4) Continued leadership by the United States is critical.
(5) Regardless of the future political status of the areas of
Sudan outside of the control of the Government of Sudan, the
absence of credible civil authority and institutions is a major
impediment to achieving self-sustenance by the Sudanese people and
to meaningful progress toward a viable peace process. It is
critical that credible civil authority and institutions play an
important role in the reconstruction of post-war Sudan.
(6) Through the manipulation of traditional rivalries among
peoples in areas outside of its full control, the Government of
Sudan has used divide-and-conquer techniques effectively to
subjugate its population. However, internationally sponsored
reconciliation efforts have played a critical role in reducing
human suffering and the effectiveness of this tactic.
(7) The Government of Sudan utilizes and organizes militias,
Popular Defense Forces, and other irregular units for raiding and
enslaving parties in areas outside of the control of the Government
of Sudan in an effort to disrupt severely the ability of the
populations in those areas to sustain themselves. The tactic helps
minimize the Government of Sudan's accountability internationally.
(8) The Government of Sudan has repeatedly stated that it
intends to use the expected proceeds from future oil sales to
increase the tempo and lethality of the war against the areas
outside of its control.
(9) By regularly banning air transport relief flights by the
United Nations relief operation OLS, the Government of Sudan has
been able to manipulate the receipt of food aid by the Sudanese
people from the United States and other donor countries as a
devastating weapon of war in the ongoing effort by the Government
of Sudan to starve targeted groups and subdue areas of Sudan
outside of the Government's control.
(10) The acts of the Government of Sudan, including the acts
described in this section, constitute genocide as defined by the
Convention on the Prevention and Punishment of the Crime of
Genocide (78 U.N.T.S. 277).
(11) The efforts of the United States and other donors in
delivering relief and assistance through means outside of OLS have
played a critical role in addressing the deficiencies in OLS and
offset the Government of Sudan's manipulation of food donations to
advantage in the civil war in Sudan.
(12) While the immediate needs of selected areas in Sudan
facing starvation have been addressed in the near term, the
population in areas of Sudan outside of the control of the
Government of Sudan are still in danger of extreme disruption of
their ability to sustain themselves.
(13) The Nuba Mountains and many areas in Bahr al Ghazal and
the Upper Nile and the Blue Nile regions have been excluded
completely from relief distribution by OLS, consequently placing
their populations at increased risk of famine.
(14) At a cost which has sometimes exceeded $1,000,000 per day,
and with a primary focus on providing only for the immediate food
needs of the recipients, the current international relief
operations are neither sustainable nor desirable in the long term.
(15) The ability of populations to defend themselves against
attack in areas outside of the control of the Government of Sudan
has been severely compromised by the disengagement of the front-
line states of Ethiopia, Eritrea, and Uganda, fostering the belief
among officials of the Government of Sudan that success on the
battlefield can be achieved.
(16) The United States should use all means of pressure
available to facilitate a comprehensive solution to the war in
Sudan, including--
(A) the multilateralization of economic and diplomatic
tools to compel the Government of Sudan to enter into a good
faith peace process;
(B) the support or creation of viable democratic civil
authority and institutions in areas of Sudan outside of
government control;
(C) continued active support of people-to-people
reconciliation mechanisms and efforts in areas outside of
government control;
(D) the strengthening of the mechanisms to provide
humanitarian relief to those areas; and
(E) cooperation among the trading partners of the United
States and within multilateral institutions toward those ends.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) Government of sudan.--The term ``Government of Sudan''
means the National Islamic Front government in Khartoum, Sudan.
(3) OLS.--The term ``OLS'' means the United Nations relief
operation carried out by UNICEF, the World Food Program, and
participating relief organizations known as ``Operation Lifeline
Sudan''.
SEC. 4. CONDEMNATION OF SLAVERY, OTHER HUMAN RIGHTS ABUSES, AND TACTICS
OF THE GOVERNMENT OF SUDAN.
The Congress hereby--
(1) condemns--
(A) violations of human rights on all sides of the conflict
in Sudan;
(B) the Government of Sudan's overall human rights record,
with regard to both the prosecution of the war and the denial
of basic human and political rights to all Sudanese;
(C) the ongoing slave trade in Sudan and the role of the
Government of Sudan in abetting and tolerating the practice;
(D) the Government of Sudan's use and organization of
``murahalliin'' or ``mujahadeen'', Popular Defense Forces, and
regular Sudanese Army units into organized and coordinated
raiding and slaving parties in Bahr al Ghazal, the Nuba
Mountains, and the Upper Nile and the Blue Nile regions; and
(E) aerial bombardment of civilian targets that is
sponsored by the Government of Sudan; and
(2) recognizes that, along with selective bans on air transport
relief flights by the Government of Sudan, the use of raiding and
slaving parties is a tool for creating food shortages and is used
as a systematic means to destroy the societies, culture, and
economies of the Dinka, Nuer, and Nuba peoples in a policy of low-
intensity ethnic cleansing.
SEC. 5. ASSISTANCE FOR PEACE AND DEMOCRATIC GOVERNANCE.
(a) Assistance to Sudan.--The President is authorized to provide
increased assistance to the areas of Sudan that are not controlled by
the Government of Sudan to prepare the population for peace and
democratic governance, including support for civil administration,
communications infrastructure, education, health, and agriculture.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to the
President to carry out the activities described in subsection (a)
of this section $100,000,000 for each of the fiscal years 2003,
2004, and 2005.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) of this
subsection are authorized to remain available until expended.
SEC. 6. SUPPORT FOR AN INTERNATIONALLY SANCTIONED PEACE PROCESS.
(a) Findings.--Congress hereby--
(1) recognizes that--
(A) a single, viable internationally and regionally
sanctioned peace process holds the greatest opportunity to
promote a negotiated, peaceful settlement to the war in Sudan;
and
(B) resolution to the conflict in Sudan is best made
through a peace process based on the Declaration of Principles
reached in Nairobi, Kenya, on July 20, 1994, and on the
Machakos Protocol in July 2002; and
(2) commends the efforts of Special Presidential Envoy, Senator
Danforth and his team in working to assist the parties to the
conflict in Sudan in finding a just, permanent peace to the
conflict in Sudan.
(b) Measures of Certain Conditions Not Met.--
(1) Presidential determination.--
(A) The President shall make a determination and certify in
writing to the appropriate congressional committees within 6
months after the date of enactment of this Act, and each 6
months thereafter, that the Government of Sudan and the Sudan
People's Liberation Movement are negotiating in good faith and
that negotiations should continue.
(B) If, under subparagraph (A) the President determines and
certifies in writing to the appropriate congressional
committees that the Government of Sudan has not engaged in good
faith negotiations to achieve a permanent, just, and equitable
peace agreement, or has unreasonably interfered with
humanitarian efforts, then the President, after consultation
with the Congress, shall implement the measures set forth in
paragraph (2).
(C) If, under paragraph (A) the President determines and
certifies in writing to the appropriate congressional
committees that the Sudan People's Liberation Movement has not
engaged in good faith negotiations to achieve a permanent,
just, and equitable peace agreement, then paragraph (2) shall
not apply to the Government of Sudan.
(D) If the President certifies to the appropriate
congressional committees that the Government of Sudan is not in
compliance with the terms of a permanent peace agreement
between the Government of Sudan and the Sudan People's
Liberation Movement, then the President, after consultation
with the Congress, shall implement the measures set forth in
paragraph (2).
(E) If, at any time after the President has made a
certification under subparagraph (B), the President makes a
determination and certifies in writing to the appropriate
congressional committees that the Government of Sudan has
resumed good faith negotiations, or makes a determination and
certifies in writing to the appropriate congressional
committees that the Government of Sudan is in compliance with a
peace agreement, then paragraph (2) shall not apply to the
Government of Sudan.
(2) Measures in support of the peace process.--Subject to the
provisions of paragraph (1), the President--
(A) shall, through the Secretary of the Treasury, instruct
the United States executive directors to each international
financial institution to continue to vote against and actively
oppose any extension by the respective institution of any loan,
credit, or guarantee to the Government of Sudan;
(B) should consider downgrading or suspending diplomatic
relations between the United States and the Government of
Sudan;
(C) shall take all necessary and appropriate steps,
including through multilateral efforts, to deny the Government
of Sudan access to oil revenues to ensure that the Government
of Sudan neither directly nor indirectly utilizes any oil
revenues to purchase or acquire military equipment or to
finance any military activities; and
(D) shall seek a United Nations Security Council Resolution
to impose an arms embargo on the Government of Sudan.
(c) Report on the Status of Negotiations.--If, at any time after
the President has made a certification under subsection (b)(1)(A), the
Government of Sudan discontinues negotiations with the Sudan People's
Liberation Movement for a 14-day period, then the President shall
submit a quarterly report to the appropriate congressional committees
on the status of the peace process until negotiations resume.
(d) Report on United States Opposition To Financing by
International Financial Institutions.--The Secretary of the Treasury
shall submit a semiannual report to the appropriate congressional
committees describing the steps taken by the United States to oppose
the extension of a loan, credit, or guarantee if, after the Secretary
of the Treasury gives the instructions described in subsection
(b)(2)(A), such financing is extended.
(e) Report on Efforts To Deny Oil Revenues.--Not later than 45 days
after the President takes an action under subsection (b)(2)(C), the
President shall submit to the appropriate congressional committees a
comprehensive plan for implementing the actions described in such
subsection.
(f) Definition.--In this section, the term ``international
financial institution'' means the International Bank for Reconstruction
and Development, the International Development Association, the
International Monetary Fund, the African Development Bank, and the
African Development Fund.
SEC. 7. MULTILATERAL PRESSURE ON COMBATANTS.
It is the sense of Congress that--
(1) the United Nations should help facilitate peace and
recovery in Sudan;
(2) the President, acting through the United States Permanent
Representative to the United Nations, should seek to end the veto
power of the Government of Sudan over the plans by OLS for air
transport relief flights and, by doing so, to end the manipulation
of the delivery of relief supplies to the advantage of the
Government of Sudan on the battlefield; and
(3) the President should take appropriate measures, including
the implementation of recommendations of the International Eminent
Persons Commission contained in the report issued on May 22, 2002,
to end slavery and aerial bombardment of civilians by the
Government of Sudan.
SEC. 8. REPORTING REQUIREMENT.
Not later than 6 months after the date of the enactment of this
Act, and annually thereafter, the Secretary of State shall prepare and
submit to the appropriate congressional committees a report regarding
the conflict in Sudan. Such report shall include--
(1) a description of the sources and current status of Sudan's
financing and construction of infrastructure and pipelines for oil
exploitation, the effects of such financing and construction on the
inhabitants of the regions in which the oil fields are located, and
the ability of the Government of Sudan to finance the war in Sudan
with the proceeds of the oil exploitation;
(2) a description of the extent to which that financing was
secured in the United States or with involvement of United States
citizens;
(3) the best estimates of the extent of aerial bombardment by
the Government of Sudan, including targets, frequency, and best
estimates of damage; and
(4) a description of the extent to which humanitarian relief
has been obstructed or manipulated by the Government of Sudan or
other forces.
SEC. 9. CONTINUED USE OF NON-OLS ORGANIZATIONS FOR RELIEF EFFORTS.
(a) Sense of Congress.--It is the sense of the Congress that the
President should continue to increase the use of non-OLS agencies in
the distribution of relief supplies in southern Sudan.
(b) Report.--Not later than 90 days after the date of enactment of
this Act, the President shall submit to the appropriate congressional
committees a detailed report describing the progress made toward
carrying out subsection (a).
SEC. 10. CONTINGENCY PLAN FOR ANY BAN ON AIR TRANSPORT RELIEF FLIGHTS.
(a) Plan.--The President shall develop a contingency plan to
provide, outside the auspices of the United Nations if necessary, the
greatest possible amount of United States Government and privately
donated relief to all affected areas in Sudan, including the Nuba
Mountains and the Upper Nile and the Blue Nile regions, in the event
that the Government of Sudan imposes a total, partial, or incremental
ban on OLS air transport relief flights.
(b) Reprogramming Authority.--Notwithstanding any other provision
of law, in carrying out the plan developed under subsection (a), the
President may reprogram up to 100 percent of the funds available for
support of OLS operations for the purposes of the plan.
SEC. 11. INVESTIGATION OF WAR CRIMES.
(a) In General.--The Secretary of State shall collect information
about incidents which may constitute crimes against humanity, genocide,
war crimes, and other violations of international humanitarian law by
all parties to the conflict in Sudan, including slavery, rape, and
aerial bombardment of civilian targets.
(b) Report.--Not later than 6 months after the date of the
enactment of this Act and annually thereafter, the Secretary of State
shall prepare and submit to the appropriate congressional committees a
detailed report on the information that the Secretary of State has
collected under subsection (a) and any findings or determinations made
by the Secretary on the basis of that information. The report under
this subsection may be submitted as part of the report required under
section 8.
(c) Consultations With Other Departments.--In preparing the report
required by this section, the Secretary of State shall consult and
coordinate with all other Government officials who have information
necessary to complete the report. Nothing contained in this section
shall require the disclosure, on a classified or unclassified basis, of
information that would jeopardize sensitive sources and methods or
other vital national security interests.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Sudan Peace Act - (Sec. 4) Condemns violations of human rights on all sides of the conflict in Sudan (including the Government of Sudan), the ongoing slave trade there, the Government's use and organization of "murahalliin" (or "mujahadeen"), Popular Defense Forces (PDF), and regular Sudanese Army units into raiding and slaving parties in Bahr al Ghazal, the Nuba Mountains, Upper Nile, and Blue Nile regions, and its aerial bombardment of civilian targets. Recognizes that the use of raiding and slaving parties is a tool for creating food shortages as a systematic means to destroy the societies, culture, and economies of the Dinka, Nuer, and Nuba peoples in a policy of low-intensity ethnic cleansing.(Sec. 5) Authorizes the President to provide increased assistance to areas of Sudan that are not controlled by the Government of Sudan to prepare the population for peace and democratic governance. Authorizes appropriations for FY 2003 through 2005.(Sec. 6) Declares that Congress recognizes that: (1) a single, viable internationally and regionally sanctioned peace process holds the greatest opportunity to promote a negotiated, peaceful settlement to the war in Sudan; and (2) resolution to the conflict there is best made through a peace process based on the Declaration of Principles reached in Nairobi, Kenya, on July 20, 1994, and on the Machakos Protocol in July 2002. Commends the efforts of Special Presidential Envoy, Senator Danforth, and his team in working to assist the parties to the conflict in Sudan in finding a just, permanent peace to the conflict in Sudan.Requires the President to take specified actions against Sudan if the President determines and certifies to the appropriate congressional committees that the Government of Sudan has not engaged in good faith negotiations with the Sudan People's Liberation Movement (SPLM) to achieve a peace agreement, or is not in compliance with the terms of any negotiated peace agreement with the SPLM. Requires specified reports to Congress.(Sec. 7) Expresses the sense of Congress that: (1) the United Nations (UN) should help facilitate peace and recovery in Sudan; and (2) the President should seek to end the Government of Sudan's veto power over relief flight plans by Operation Lifeline Sudan (OLS) and take appropriate measures to end slavery and aerial bombardment of civilians by the Government of Sudan.(Sec. 8) Directs the Secretary of State to report annually to the appropriate congressional committees on the conflict in Sudan.(Sec. 9) Declares the sense of Congress that the President should continue to increase the use of non-OLS agencies in relief supply distribution in southern Sudan. Requires the President to submit a progress report to the appropriate congressional committees.(Sec. 10) Directs the President to develop a contingency plan to provide, outside UN auspices, the greatest amount of U.S. Government and privately donated relief to all affected areas in Sudan, including the Nuba Mountains, Upper Nile, and the Blue Nile regions, in the event the Government of Sudan imposes a ban on OLS air transport relief flights. Authorizes the President to reprogram up to 100 percent of funds for OLS operations for purposes of such contingency plan.(Sec. 11) Directs the Secretary to collect information and report to the appropriate congressional committees about possible war crimes by all parties to the conflict in Sudan, including slavery, rape, and aerial bombardment of civilian targets. | To facilitate famine relief efforts and a comprehensive solution to the war in Sudan. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Next Generation Hispanic Serving
Institutions Act''.
TITLE I--GRADUATE OPPORTUNITIES AT HISPANIC-SERVING INSTITUTIONS
SEC. 101. POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC AMERICANS.
(a) Establishment of Program.--Title V of the Higher Education Act
of 1965 (20 U.S.C. 1101 et seq.) is amended--
(1) by redesignating part B as part C;
(2) by redesignating sections 511 through 518 as sections
521 through 528, respectively; and
(3) by inserting after section 505 the following:
``PART B--PROMOTING POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC
AMERICANS
``SEC. 511. FINDINGS AND PURPOSES.
``(a) Findings.--Congress finds the following:
``(1) According to the United States Census, by the year
2050, 1 in 4 Americans will be of Hispanic origin.
``(2) Despite the dramatic increase in the Hispanic
population in the United States, the National Center for
Education Statistics reported that in 1999, Hispanics accounted
for only 4 percent of the master's degrees, 3 percent of the
doctor's degrees, and 5 percent of first-professional degrees
awarded in the United States.
``(3) Although Hispanics constitute 10 percent of the
college enrollment in the United States, they comprise only 3
percent of instructional faculty in college and universities.
``(4) The future capacity for research and advanced study
in the United States will require increasing the number of
Hispanics pursuing postbaccalaureate studies.
``(5) Hispanic-serving institutions are leading the Nation
in increasing the number of Hispanics attaining graduate and
professional degrees.
``(6) Among Hispanics who received master's degrees in
1999-2000, 25 percent earned them at Hispanic-serving
institutions.
``(7) Between 1991 and 2000, the number of Hispanic
students earning master's degrees at Hispanic-serving
institutions grew 136 percent, the number receiving doctor's
degrees grew by 85 percent, and the number earning first-
professional degrees grew by 47 percent.
``(8) It is in the National interest to expand the capacity
of Hispanic-serving institutions to offer graduate and
professional degree programs.
``(9) Research is a key element in graduate education and
undergraduate preparation, particularly in science and
technology, and Congress desires to strengthen the role of
research at Hispanic serving-institutions. University research,
whether performed directly or through a university's nonprofit
research institute or foundation, is considered an integral
part of the institution and mission of the university.
``(b) Purposes.--The purposes of this part are--
``(1) to expand postbaccalaureate educational opportunities
for, and improve the academic attainment of, Hispanic students;
and
``(2) to expand and enhance the postbaccalaureate academic
offerings of high quality that are educating the majority of
Hispanic college students and helping large numbers of Hispanic
students and low-income individuals complete postsecondary
degrees.
``SEC. 512. PROGRAM AUTHORITY AND ELIGIBILITY.
``(a) Program Authorized.--Subject to the availability of funds
appropriated to carry out this part, the Secretary shall award
competitive grants to eligible institutions.
``(b) Eligibility.--For the purposes of this part, an `eligible
institution' means an institution of higher education that--
``(1) is a Hispanic-serving institution (as defined under
section 502); and
``(2) offers a postbaccalaureate certificate or degree
granting program.
``SEC. 513. AUTHORIZED ACTIVITIES.
``Grants awarded under this part shall be used for 1 or more of the
following activities:
``(1) Purchase, rental, or lease of scientific or
laboratory equipment for educational purposes, including
instructional and research purposes.
``(2) Construction, maintenance, renovation, and
improvement in classroom, library, laboratory, and other
instructional facilities, including purchase or rental of
telecommunications technology equipment or services.
``(3) Purchase of library books, periodicals, technical and
other scientific journals, microfilm, microfiche, and other
educational materials, including telecommunications program
materials.
``(4) Support for needy postbaccalaureate students
including outreach, academic support services, mentoring,
scholarships, fellowships, and other financial assistance to
permit the enrollment of such students in postbaccalaureate
certificate and degree granting programs.
``(5) Support of faculty exchanges, faculty development,
faculty research, curriculum development, and academic
instruction.
``(6) Creating or improving facilities for Internet or
other distance learning academic instruction capabilities,
including purchase or rental of telecommunications technology
equipment or services.
``(7) Collaboration with other institutions of higher
education to expand postbaccalaureate certificate and degree
offerings.
``(8) Other activities proposed in the application
submitted pursuant to section 514 that--
``(A) contribute to carrying out the purposes of
this part; and
``(B) are approved by the Secretary as part of the
review and acceptance of such application.
``SEC. 514. APPLICATION AND DURATION.
``(a) Application.--Any eligible institution may apply for a grant
under this part by submitting an application to the Secretary at such
time and in such manner as determined by the Secretary. Such
application shall demonstrate how the grant funds will be used to
improve postbaccalaureate education opportunities for Hispanic and low-
income students and will lead to such students' greater financial
independence.
``(b) Duration.--Grants under this part shall be awarded for a
period not to exceed 5 years.
``(c) Limitation.--The Secretary shall not award more than 1 grant
under this part in any fiscal year to any Hispanic-serving
institution.''.
(b) Cooperative Arrangements.--Section 524 of the Higher Education
Act of 1965 (as redesignated by subsection (a)(2)) is amended by
inserting ``and section 513'' after ``section 503''.
(c) Authorization of Appropriations.--Section 528(a) of the Higher
Education Act of 1965 (as redesignated by subsection (a)(2)) is amended
to read as follows:
``(a) Authorizations.--
``(1) Part a.--There are authorized to be appropriated to
carry out part A of this title $175,000,000 for fiscal year
2005 and such sums as may be necessary for each of the 4
succeeding fiscal years.
``(2) Part b.--There are authorized to be appropriated to
carry out part B of this title $125,000,000 for fiscal year
2005 and such sums as may be necessary for each of the 4
succeeding fiscal years.''.
(d) Conforming Amendments.--Title V of the Higher Education Act of
1965 (20 U.S.C. 1101 et seq.) is amended--
(1) in section 502--
(A) in subsection (a)(2)(A)(ii), by striking
``section 512(b)'' and inserting ``section 522(b)'';
and
(B) in subsection (b)(2), by striking ``section
512(a)'' and inserting ``section 522(a)'';
(2) in section 521(c)(6) (as redesignated by subsection
(a)(2)), by striking ``section 516'' and inserting ``section
526''; and
(3) in section 526 (as redesignated by subsection (a)(2)),
by striking ``section 518'' and inserting ``section 528''.
TITLE II--REDUCING REGULATORY BARRIERS FOR HISPANIC-SERVING
INSTITUTIONS
SEC. 201. DEFINITIONS.
Section 502(a) of the Higher Education Act of 1965 (20 U.S.C.
1101a(a)) is amended--
(1) in paragraph (5)--
(A) in subparagraph (A), by inserting ``and'' after
the semicolon;
(B) in subparagraph (B), by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (C); and
(2) by striking paragraph (7).
SEC. 202. AUTHORIZED ACTIVITIES.
Section 503(b)(7) of the Higher Education Act of 1965 (20 U.S.C.
1101b(b)(7)) is amended to read as follows:
``(7) Articulation agreements and student support programs
designed to facilitate the transfer from 2-year to 4-year
institutions.''.
SEC. 203. ELIMINATION OF WAIT-OUT PERIOD.
Section 504(a) of the Higher Education Act of 1965 (20 U.S.C.
1101c(a)) is amended to read as follows:
``(a) Award Period.--The Secretary may award a grant to a Hispanic-
serving institution under this title for 5 years.''.
SEC. 204. APPLICATION PRIORITY.
Section 521(d) of the Higher Education Act of 1965 (as redesignated
by section 101(a)(2)) is amended by striking ``(from funds other than
funds provided under this title)''. | Next Generation Hispanic Serving Institutions - Amends the Higher Education Act of 1965 to revise provisions for Hispanic-serving institutions (HSIs) under title V (Developing Institutions).
Establishes a program of competitive grants to eligible HSIs that offer postbaccalaureate certifications or degrees (part B grants). Limits a part B grant award's duration to not more than five years. Prohibits the Secretary of Education from awarding more than one part B grant to an HSI in any one fiscal year.
Authorizes appropriations for FY 2005 through FY 2009 for: (1) the current part A program of grants to HSIs that offer baccalaureate degrees or are junior or community colleges; and (2) the new part B program of grants to HSIs that offer postbaccalaureate certifications or degrees.
Eliminates the requirement that an eligible HSI provide assurances that at least 50 percent of its Hispanic students be low-income students.
Includes, among authorized activities under part A grants, articulation agreements and student support programs to help transfers from two-year to four-year institutions.
Eliminates the two-year wait-out period between any two five-year part A grants to an HSI. | A bill to expand and enhance postbaccalaureate opportunities at Hispanic-serving institutions, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fracturing Regulations are Effective
in State Hands Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) hydraulic fracturing is a commercially viable practice
that has been used in the United States for more than 60 years
in more than 1,000,000 wells;
(2) the Ground Water Protection Council, a national
association of State water regulators that is considered to be
a leading groundwater protection organization in the United
States, released a report entitled ``State Oil and Natural Gas
Regulations Designed to Protect Water Resources'' and dated May
2009 finding that the ``current State regulation of oil and gas
activities is environmentally proactive and preventive'';
(3) that report also concluded that ``[a]ll oil and gas
producing States have regulations which are designed to provide
protection for water resources'';
(4) a 2004 study by the Environmental Protection Agency,
entitled ``Evaluation of Impacts to Underground Sources of
Drinking Water by Hydraulic Fracturing of Coalbed Methane
Reservoirs'', found no evidence of drinking water wells
contaminated by fracture fluid from the fracked formation;
(5) a 2009 report by the Ground Water Protection Council,
entitled ``State Oil and Natural Gas Regulations Designed to
Protect Water Resources'', found a ``lack of evidence'' that
hydraulic fracturing conducted in both deep and shallow
formations presents a risk of endangerment to ground water;
(6) a January 2009 resolution by the Interstate Oil and Gas
Compact Commission stated ``The states, who regulate
production, have comprehensive laws and regulations to ensure
operations are safe and to protect drinking water. States have
found no verified cases of groundwater contamination associated
with hydraulic fracturing.'';
(7) on May 24, 2011, before the Oversight and Government
Reform Committee of the House of Representatives, Lisa Jackson,
the Administrator of the Environmental Protection Agency,
testified that she was ``not aware of any proven case where the
fracking process itself has affected water'';
(8) in 2011, Bureau of Land Management Director Bob Abbey
stated, ``We have not seen evidence of any adverse effect as a
result of the use of the chemicals that are part of that
fracking technology.'';
(9)(A) activities relating to hydraulic fracturing (such as
surface discharges, wastewater disposal, and air emissions) are
already regulated at the Federal level under a variety of
environmental statutes, including portions of--
(i) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
(ii) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.); and
(iii) the Clean Air Act (42 U.S.C. 7401 et seq.);
but
(B) Congress has continually elected not to include the
hydraulic fracturing process in the underground injection
control program under the Safe Drinking Water Act (42 U.S.C.
300f et seq.);
(10) in 2011, the Secretary of the Interior announced the
intention to promulgate new Federal regulations governing
hydraulic fracturing on Federal land;
(11) a February 2012 study by the Energy Institute at the
University of Texas at Austin, entitled ``Fact-Based Regulation
for Environmental Protection in Shale Gas Development'', found
that ``[n]o evidence of chemicals from hydraulic fracturing
fluid has been found in aquifers as a result of fracturing
operations''; and
(12) on October 1, 2014, the Ground Water Protection
Council and State Oil and Gas Regulatory Exchange released a
report entitled ``State Oil and Gas Regulations Designed to
Protect Water Resources'' that describes the cutting edge of
State-based oil and gas regulations, concluding that ``In step
with dramatic industry growth over the past five years, states
have substantially improved groundwater protection laws and
regulations governing oil and natural gas production.''.
SEC. 3. DEFINITION OF FEDERAL LAND.
In this Act, the term ``Federal land'' means--
(1) public lands (as defined in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702));
(2) National Forest System land;
(3) land under the jurisdiction of the Bureau of
Reclamation; and
(4) land under the jurisdiction of the Corps of Engineers.
SEC. 4. STATE AUTHORITY.
(a) In General.--A State shall have the sole authority to
promulgate or enforce any regulation, guidance, or permit requirement
regarding the treatment of a well by the application of fluids under
pressure to which propping agents may be added for the expressly
designed purpose of initiating or propagating fractures in a target
geologic formation in order to enhance production of oil, natural gas,
or geothermal production activities on or under any land within the
boundaries of the State.
(b) Federal Land.--The treatment of a well by the application of
fluids under pressure to which propping agents may be added for the
expressly designed purpose of initiating or propagating fractures in a
target geologic formation in order to enhance production of oil,
natural gas, or geothermal production activities on Federal land shall
be subject to the law of the State in which the land is located. | Fracturing Regulations are Effective in State Hands Act This bill gives states the sole authority to promulgate or enforce any regulation, guidance, or permit requirement regarding hydraulic fracturing on or under any land within their boundaries. Hydraulic fracturing or fracking is a process to extract underground resources such as oil or gas from a geologic formation by injecting water, a propping agent (e.g., sand), and chemical additives into a well under enough pressure to fracture the geological formation. Hydraulic fracturing on federal land must comply with the law of the state in which the land is located. | Fracturing Regulations are Effective in State Hands Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Canadian River Project Prepayment
Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) The term ``Authority'' means the Canadian River
Municipal Water Authority, a conservation and reclamation
district of the State of Texas.
(2) The term ``Canadian River Project Authorization Act''
means the Act entitled ``An Act to authorize the construction,
operation, and maintenance by the Secretary of the Interior of
the Canadian River reclamation project, Texas'', approved
December 29, 1950 (chapter 1183; 64 Stat. 1124).
(3) The term ``Project'' means all of the right, title and
interest in and to all land and improvements comprising the
pipeline and related facilities of the Canadian River Project
authorized by the Canadian River Project Authorization Act.
(4) The term ``Secretary'' means the Secretary of the
Interior.
SEC. 3. PREPAYMENT AND CONVEYANCE OF PROJECT.
(a) In General.--(1) In consideration of the Authority accepting
the obligation of the Federal Government for the Project and subject to
the payment by the Authority of the applicable amount under paragraph
(2) within the 360-day period beginning on the date of the enactment of
this Act, the Secretary shall convey the Project of the Authority, as
provided in section 2(c)(3) of the Canadian River Project Authorization
Act (64 Stat. 1124).
(2) For purposes of paragraph (1), the applicable amount shall be--
(A) $33,600,000 if payment is made by the Authority within
the 270-day period beginning on the date of enactment of this
Act; or
(B) the amount specified in subparagraph (A) adjusted to
include interest on that amount since the date of the enactment
of this Act at the appropriate Treasury bill rate for an
equivalent term, if payment is made by the Authority after the
period referred to in subparagraph (A).
(3) If payment under paragraph (1) is not made by the Authority
within the period specified in paragraph (1), this Act shall have no
force or effect.
(b) Financing.--Nothing in this Act shall be construed to affect
the right of the Authority to use a particular type of financing.
SEC. 4. RELATIONSHIP TO EXISTING OPERATIONS.
(a) In General.--Nothing in this Act shall be construed as
significantly expanding or otherwise changing the use or operation of
the Project from its current use and operation.
(b) Future Alterations.--If the Authority alters the operations or
uses of the Project it shall comply with all applicable laws or
regulations governing such alteration at that time.
(c) Recreation.--The Secretary of the Interior, acting through the
National Park Service, shall continue to operate the Lake Meredith
National Recreation Area at Lake Meredith.
(d) Flood Control.--The Secretary of the Army, acting through the
Corps of Engineers, shall continue to prescribe regulations for the use
of storage allocated to flood control at Lake Meredith as prescribed in
the Letter of Understanding entered into between the Corps, the Bureau
of Reclamation, and the Authority in March and May 1980.
(e) Sanford Dam Property.--The Authority shall have an unrestricted
right to occupy and use without cost the property retained by the
Bureau of Reclamation at Sanford Dam and all buildings constructed by
the United States thereon for use as the Authority's headquarters and
maintenance facility. Buildings constructed by the Authority on such
property, or past or future additions to Government-constructed
buildings, shall be allowed to remain on the property without
restriction.
SEC. 5. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.
(a) Payment Obligations Extinguished.--Provision of consideration
by the Authority in accordance with section 3(b) shall extinguish all
payment obligations under contract numbered 14-06-500-485 between the
Authority and the Secretary.
(b) Operation and Maintenance Costs.--After completion of the
conveyance provided for in section 3, the Authority shall have full
responsibility for the cost of operation and maintenance of Sanford
Dam, and shall continue to have full responsibility for operation and
maintenance of the Project pipeline and related facilities.
(c) General.--Rights and obligations under the existing contract
No. 14-06-500-485 between the Authority and the United States, other
than provisions regarding repayment of construction charge obligation
by the Authority and provisions relating to the Project aqueduct, shall
remain in full force and effect for the remaining term of the contract.
SEC. 6. RELATIONSHIP TO OTHER LAWS.
(a) Reclamation Laws.--Upon conveyance of the Project under this
Act, the Reclamation Act of 1902 (82 Stat. 388) and all Acts amendatory
thereof or supplemental thereto shall not apply to the Project.
SEC. 7. LIABILITY.
Except as otherwise provided by law, effective on the date of
conveyance of the Project under this Act, the United States shall not
be liable under any law for damages of any kind arising out of any act,
omission, or occurrence relating to the conveyed property. | Canadian River Project Prepayment Act - Directs the Secretary of the Interior to convey to the Canadian River Municipal Water Authority, Texas, the Canadian River Project, subject to: (1) the Authority accepting the obligations of the United States for the Project; and (2) Authority payment of a specified amount, within one year after enactment of this Act, which shall extinguish all payment obligations under a current contract.
Provides continued Federal authority for the operation of recreation and flood control in the Lake Meredith area.
Requires the Authority to have full responsibility for the operation and maintenance of the Sanford Dam, as well as Project pipeline and related facilities. | Canadian River Project Prepayment Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eastern Band of Cherokee Indians
Land Exchange Act of 2003''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Since time immemorial, the ancestors of the Eastern
Band of Cherokee Indians have lived in the Great Smoky
Mountains of North Carolina. The Eastern Band's ancestral
homeland includes substantial parts of seven eastern States and
the land that now constitutes the Great Smoky Mountains
National Park.
(2) The Eastern Band has proposed a land exchange with the
National Park Service and has spent over $1,500,000 for studies
to thoroughly inventory the environmental and cultural
resources of the proposed land exchange parcels.
(3) Such land exchange would benefit the American public by
enabling the National Park Service to acquire the Yellow Face
tract, comprising 218 acres of land adjacent to the Blue Ridge
Parkway.
(4) Acquisition of the Yellow Face tract for protection by
the National Park Service would serve the public interest by
preserving important views for Blue Ridge Parkway visitors,
preserving habitat for endangered species and threatened
species including the northern flying squirrel and the rock
gnome lichen, preserving valuable high altitude wetland seeps,
and preserving the property from rapidly advancing residential
development.
(5) The proposed land exchange would also benefit the
Eastern Band by allowing it to acquire the Ravensford tract,
comprising 143 acres adjacent to the Tribe's trust territory in
Cherokee, North Carolina, and currently within the Great Smoky
Mountains National Park and Blue Ridge Parkway. The Ravensford
tract is part of the Tribe's ancestral homeland as evidenced by
archaeological finds dating back no less than 6,000 years.
(6) The Eastern Band has a critical need to replace the
current Cherokee Elementary School, which was built by the
Department of the Interior over 40 years ago with a capacity of
480 students. The school now hosts 794 students in dilapidated
buildings and mobile classrooms at a dangerous highway
intersection in downtown Cherokee, North Carolina.
(7) The Eastern Band ultimately intends to build a new
three-school campus to serve as an environmental, cultural, and
educational ``village,'' where Cherokee language and culture
can be taught alongside the standard curriculum.
(8) The land exchange and construction of this educational
village will benefit the American public by preserving Cherokee
traditions and fostering a vibrant, modern, and well-educated
Indian nation.
(9) The land exchange will also reunify tribal reservation
lands now separated between the Big Cove Community and the
balance of the Qualla Boundary, reestablishing the territorial
integrity of the Eastern Band.
(10) The Ravensford tract contains no threatened species or
endangered species listed pursuant to the Endangered Species
Act of 1973. The 218-acre Yellow Face tract has a number of
listed threatened species and endangered species and a higher
appraised value than the 143-acre Ravensford tract.
(11) The American public will benefit from the Eastern
Band's commitment to mitigate any impacts on natural and
cultural resources on the Ravensford tract, by among other
things reducing the requested acreage from 168 to 143 acres.
(12) The Congress and the Department of the Interior have
approved land exchanges in the past when the benefits to the
public and requesting party are clear, as they are in this
case.
(b) Purposes.--The purposes of this Act are the following:
(1) To acquire the Yellow Face tract for protection by the
National Park Service, in order to preserve the Waterrock Knob
area's spectacular views, endangered species and high altitude
wetland seeps from encroachment by housing development, for the
benefit and enjoyment of the American public.
(2) To transfer the Ravensford tract, to be held in trust
by the United States for the benefit of the Eastern Band of
Cherokee Indians, in order to provide for an education facility
that promotes the cultural integrity of the Eastern Band and to
reunify two Cherokee communities that were historically
contiguous, while mitigating any impacts on natural and
cultural resources on the tract.
(3) To promote cooperative activities and partnerships
between the Eastern band and the National Park Service within
the Eastern Band's ancestral homelands.
SEC. 3. LAND EXCHANGE.
(a) In General.--The Secretary of the Interior (``Secretary'')
shall exchange the Ravensford tract, currently in the Great Smoky
Mountains National Park and the Blue Ridge Parkway, for the Yellow Face
tract adjacent to the Waterrock Knob Visitor Center on the Blue Ridge
Parkway.
(b) Treatment of Exchanged Lands.--Effective upon receipt by the
Secretary of a deed or deeds satisfactory to the Secretary for the
lands comprising the Yellow Face tract (as described in subsection (c))
to the United States, all right, title, and interest of the United
States in and to the Ravensford tract (as described in subsection (d)),
including all improvements and appurtenances, are declared to be held
in trust by the United States for the benefit of the Eastern Band of
Cherokee Indians as part of the Cherokee Indian Reservation.
(c) Yellow Face Tract.--The Yellow Face tract shall contain Parcels
88 and 89 of the Hornbuckle Tract, Yellow Face Section, Qualla
Township, Jackson County, North Carolina, which consist altogether of
approximately 218 acres and are depicted as the ``Yellow Face Tract''
on the map entitled ``Land Exchange Between the National Park Service
and the Eastern Band of Cherokee Indians,'' numbered 133/80020A, and
dated November 2002. The map shall be on file and available for public
inspection in the appropriate offices of the National Park Service and
the Bureau of Indian Affairs. Upon completion of the land exchange, the
Secretary shall adjust the boundary of the Blue Ridge Parkway to
include such lands and shall manage the lands as part of the parkway.
(d) Ravensford Tract.--The lands declared by subsection (b) to be
held in trust for the Eastern Band of Cherokee Indians shall consist of
approximately 143 acres depicted as the ``Ravensford Tract'' on the map
identified in subsection (c). Upon completion of the land exchange, the
Secretary shall adjust the boundaries of Great Smoky Mountains National
Park and the Blue Ridge Parkway to exclude such lands.
(e) Legal Descriptions.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Interior shall file a legal
description of the areas described in subsections (c) and (d) with the
Committee on Resources of the House of Representatives and the
Committee on Indian Affairs and the Committee on Energy and Natural
Resources of the Senate. Such legal descriptions shall have the same
force and effect as if the information contained in the description
were included in those subsections except that the Secretary may
correct clerical and typographical errors in such legal descriptions.
The legal descriptions shall be on file and available for public
inspection in the offices of the National Park Service and the Bureau
of Indian Affairs.
SEC. 4. IMPLEMENTATION PROCESS.
(a) Government-to-Government Agreements.--In order to fulfill the
purposes of this Act and to establish cooperative partnerships for
purposes of this Act the Director of the National Park Service and the
Eastern Band of Cherokee Indians shall enter into government-to-
government consultations and shall develop protocols to review planned
construction on the Ravensford tract. The Director of the National Park
Service is authorized to enter into cooperative agreements with the
Eastern Band for the purpose of providing training, management,
protection, preservation, and interpretation of the natural and
cultural resources on the Ravensford tract.
(b) Construction Standards.--Recognizing the mutual interests and
responsibilities of the Eastern Band of Cherokee Indians and the
National Park Service for the conservation and protection of the
resources on the Ravensford tract, the National Park Service and the
Eastern Band shall develop mutually agreed upon standards for size,
impact, and design of construction consistent with the purposes of this
Act on the Ravensford tract. The standards shall be consistent with the
Eastern Band's need to develop educational facilities and support
infrastructure adequate for current and future generations and shall
otherwise minimize or mitigate any adverse impacts on natural or
cultural resources. The standards shall be based on recognized best
practices for environmental sustainability and shall be reviewed
periodically and revised as necessary. Development of the tract shall
be limited to a road and utility corridor, an educational campus, and
the infrastructure necessary to support such development. No new
structures shall be constructed on the part of the Ravensford tract
depicted as the ``No New Construction'' area on the map referred to in
Section 3(c), which is generally the area north of the point where Big
Cove Road crosses the Raven Fork River. All development on the
Ravensford tract shall be conducted in a manner consistent with this
section and such development standards.
SEC. 5. GAMING PROHIBITION.
Gaming as defined and regulated by the Indian Gaming Regulatory Act
(25 U.S.C. 2701 et seq.) shall be prohibited on the Ravensford tract.
Passed the House of Representatives September 23, 2003.
Attest:
JEFF TRANDAHL,
Clerk. | Eastern Band of Cherokee Indians Land Exchange Act of 2002 - Requires the Secretary of the Interior to exchange the Ravensford tract, currently in the Great Smoky Mountains National Park and the Blue Ridge Parkway, for the Yellow Face tract adjacent to the Waterrock Knob Visitor Center on the Blue Ridge Parkway.
Requires the Eastern Band of Cherokee Indians (Eastern Band) to deed the Yellow Face tract to the United States. Declares the Ravensford tract, upon completion of the exchange, including all improvements and appurtenances, to be held in trust by the United States for the benefit of the Eastern Band as part of the Cherokee Indian Reservation. Prohibits gaming on the Ravensford tract. | To provide for a Federal land exchange for the environmental, educational, and cultural benefit of the American public and the Eastern Band of Cherokee Indians, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Early Education Workforce
Act''.
SEC. 2. BLOCK GRANTS REGARDING AFFORDABLE HEALTH INSURANCE FOR CHILD
CARE PROVIDERS.
Title XIX of the Public Health Service Act is amended by adding at
the end the following:
``PART D--BLOCK GRANTS REGARDING AFFORDABLE HEALTH INSURANCE FOR CHILD
CARE PROVIDERS
``SEC. 1981. FORMULA GRANTS TO STATES.
``For the purpose described in section 1982(a), the Secretary shall
make an allotment each fiscal year for each State that submits an
application in accordance with section 1983 in an amount determined in
accordance with section 1984.
``SEC. 1982. FUNDING AGREEMENTS.
``(a) Purpose.--A funding agreement for a grant under section 1981
is that the State involved will expend the grant only for the purpose
of providing access to affordable health benefits coverage for--
``(1) eligible child care providers and the staff of
center-based child care providers; and
``(2) at the discretion of the State involved, the spouses,
domestic partners, and dependents (as those terms are defined
by the State) of such providers and staff.
``(b) Permissible Activities.--A funding agreement for a grant
under section 1981 is that the State involved, in carrying out the
purpose described in subsection (a), may opt to use the grant for any
of the following:
``(1) To reimburse an employer or individual described in
subsection (a) for their share (or a portion thereof) of the
premiums or other costs for coverage under group or individual
health plans.
``(2) To offset the cost of enrolling individuals described
in subsection (a) in public health benefits plans, such as the
medicaid program under title XIX of the Social Security Act,
the State Children's Health Insurance Program under title XXI
of such Act, or public employee health benefit plans.
``(3) To otherwise subsidize the cost of health benefits
coverage for individuals described in subsection (a).
``(c) Limiting Criteria.--A funding agreement for a grant under
section 1981 is that the State involved may establish criteria to limit
the providers and staff described in subsection (a)(1) who may receive
assistance under the grant.
``(d) Priority.--A funding agreement for a grant under section 1981
is that the State involved will give--
``(1) highest priority to--
``(A) providers and staff described in subsection
(a)(1) that meet any applicable criteria established in
accordance with subsection (c) and received assistance
under such a grant during the previous fiscal year; and
``(B) at the State's discretion, the spouses,
domestic partners, and dependents of such providers and
staff; and
``(2) second highest priority to--
``(A) providers and staff described in subsection
(a)(1) that meet any applicable criteria established in
accordance with subsection (c) and are accredited by
the National Association for the Education of Young
Children or the National Association for Family Child
Care; and
``(B) at the State's discretion, the spouses,
domestic partners, and dependents of such providers and
staff.
``(e) Matching Funds.--
``(1) In general.--With respect to the costs of carrying
out the purpose described in subsection (a), a funding
agreement for a grant under section 1981 is that the State
involved will make available (directly or through donations
from public or private entities) non-Federal contributions
toward such costs in an amount that is not less than 50 percent
of such costs.
``(2) Determination of amount contributed.--Non-Federal
contributions under paragraph (1) may be in cash or in kind,
fairly evaluated, including plant, equipment, or services.
Amounts provided by the Federal Government, or services
assisted or subsidized to any significant extent by the Federal
Government, may not be included in determining the amount of
such contributions.
``SEC. 1983. APPLICATION.
``For purposes of section 1981, an application for a grant for a
fiscal year is in accordance with this section if--
``(1) the application is submitted at such time, in such
manner, and containing such information as the Secretary may
require;
``(2) the application contains each funding agreement that
is described in section 1982; and
``(3) with respect to each such funding agreement, the
application provides assurances of compliance satisfactory to
the Secretary.
``SEC. 1984. DETERMINATION OF AMOUNT OF ALLOTMENT.
``(a) Amounts reserved.--
``(1) Territories and possessions.--The Secretary shall
reserve not to exceed one half of 1 percent of the amount
appropriated pursuant to section 1986 in each fiscal year for
payments to Guam, American Samoa, the Virgin Islands of the
United States, and the Commonwealth of the Northern Mariana
Islands to be allotted in accordance with their respective
needs.
``(2) Indian tribes.--The Secretary shall reserve not less
than 1 percent, and not more than 2 percent, of the amount
appropriated pursuant to section 1986 in each fiscal year for
payments to Indian tribes and tribal organizations, to be
allotted in accordance with their respective needs.
``(b) State allotment.--
``(1) General rule.--From the remainder of amounts
appropriated pursuant to section 1986 for each fiscal year
after reservations under subsection (a), the Secretary shall
allot to each State an amount equal to the sum of--
``(A) an amount that bears the same ratio to 50
percent of such remainder as the product of the young
child factor of the State and the allotment percentage
of the State bears to the sum of the corresponding
products for all States; and
``(B) an amount that bears the same ratio to 50
percent of such remainder as the product of the school
lunch factor of the State and the allotment percentage of the State
bears to the sum of the corresponding products for all States.
``(2) Young child factor.--The term `young child factor'
means the ratio of the number of children in the State under 5
years of age to the number of such children in all States as
provided by the most recent annual estimates of population in
the States by the Census Bureau of the Department of Commerce.
``(3) School lunch factor.--The term `school lunch factor'
means the ratio of the number of children in the State who are
receiving free or reduced price lunches under the school lunch
program established under the Richard B. Russell National
School Lunch Act to the number of such children in all the
States as determined annually by the Department of Agriculture.
``(4) Allotment percentage.--
``(A) In general.--The allotment percentage for a
State is determined by dividing the per capita income
of all individuals in the United States, by the per
capita income of all individuals in the State.
``(B) Limitations.--If an allotment percentage
determined under subparagraph (A)--
``(i) exceeds 1.2 percent, then the
allotment percentage of that State shall be
considered to be 1.2 percent; or
``(ii) is less than 0.8 percent, then the
allotment percentage of the State shall be
considered to be 0.8 percent.
``(C) Per capita income.--For purposes of
subparagraph (A), per capita income--
``(i) shall be determined at 2-year
intervals;
``(ii) shall be applied for the 2-year
period beginning on October 1 of the first
fiscal year beginning on the date such
determination is made; and
``(iii) shall be equal to the average of
the annual per capita incomes for the most
recent period of 3 consecutive years for which
satisfactory data are available from the
Department of Commerce at the time such
determination is made.
``(c) Allocation of Excess Funds.--To the extent that all the funds
appropriated under section 1986 for a fiscal year and available for
allotment in such fiscal year are not otherwise allotted to States
because 1 or more States have not submitted an application in
accordance with section 1983 for the fiscal year, or because 1 or more
States have notified the Secretary that they do not intend to use the
full amount of their allotment, such excess shall be allotted among
each of the remaining States in proportion to the amount otherwise
allotted to such States for the fiscal year without regard to this
subsection.
``SEC. 1985. DEFINITIONS.
``In this part:
``(1) The term `eligible child care provider' means a
family child care provider or a center-based child care
provider (whether an entity or individual) that is licensed
under State law and meets all applicable State and local health
and safety requirements.
``(2) The term `family child care provider' means an
individual who provides child care services for fewer than 24
hours per day, as the sole caregiver, and in a private
residence.
``(3) The terms ``Indian tribe'' and ``tribal
organization'' have the same meaning given such terms in
section 4 of the Indian Self-Determination and Education
Assistance Act.
``(4)(A) Except for purposes of determining allotments
under subsections (a) and (b) of section 1984, the term `State'
means each of the several States, the District of Columbia,
Guam, American Samoa, the Virgin Islands of the United States,
the Commonwealth of the Northern Mariana Islands, and each
Indian tribe or tribal organization.
``(B) For purposes of determining allotments under
subsections (a) and (b) of section 1984, the term `State' means
each of the several States and the District of Columbia.
``SEC. 1986. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary to carry
out this part $200,000,000 for fiscal year 2004, $250,000,000 for
fiscal year 2005, $300,000,000 for fiscal year 2006, $400,000,000 for
fiscal year 2007, and such sums as may be necessary for fiscal year
2008.''.
SEC. 3. EVALUATION OF BLOCK GRANT PROGRAM BY SECRETARY.
(a) Evaluation.--The Secretary of Health and Human Services shall
conduct an evaluation of several State programs carried out with grants
under part D of title XIX of the Public Health Service Act,
representing various approaches to raising the rate of child care
workers with health benefits coverage.
(b) Assessment of Impacts.--In evaluating State programs under
subsection (a), the Secretary may consider any information appropriate
to measure the success of the programs, and shall assess the impact of
the programs on the following:
(1) The rate of child care workers with health benefits
coverage.
(2) The take-up rate by eligible child care providers.
(3) The turnover rate in the field.
(4) The average wages paid.
(c) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary of Health and Human Services shall submit a
report to the Congress on the results of the evaluation conducted under
subsection (a), together with recommendations for strengthening
programs carried out with grants under part D of title XIX of the
Public Health Service Act. | Healthy Early Education Workforce Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to make an annual allotment to each State that submits an application for formula grants to provide access to affordable health benefits coverage for: (1) eligible child care providers and the staff of center-based child care providers; and (2) certain relatives of such providers and staff, at the discretion of the State involved.Sets forth the following permissible activities for such grants: (1) to reimburse an employer or other individual specified under this Act for premiums or other costs for coverage under group or individual plans; (2) to offset the cost of enrolling individuals in public health benefits plans; and (3) to otherwise subsidize the cost of health benefits coverage to individuals specified under this Act.Requires a State to match at least 50 percent of the costs of the activities for which it receives a grant.Specifies portions of the funds appropriated under this Act to go to U.S. territories and possessions and Indian tribes. Sets forth a formula for calculating the amount to be received by each State (including the District of Columbia).Directs the Secretary to conduct an evaluation of several State programs representing various approaches to raising the rate of child workers with health benefits coverage. | To amend the Public Health Service Act to authorize formula grants to States to provide access to affordable health insurance for certain child care providers and staff, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern Forest Stewardship Act''.
SEC. 2. DECLARATIONS.
With respect to the Northern Forest, in the States of Maine, New
Hampshire, New York, and Vermont, Congress declares that--
(1) people have a right to participate in decisions that
affect them;
(2) the rights of private property owners must be
respected;
(3) natural systems must be sustained over the long-term
air, soil, water, and the diversity of plant and animal
species;
(4) the history and culture of the Northern Forest and the
connections between people and the land must be respected;
(5) the Federal Government must work in partnership with
State and local governments;
(6) differences among the 4 Northern Forest States must be
recognized;
(7) people must appreciate that the Northern Forest has
values that are important beyond the boundaries of the forest;
(8) public funds are scarce; the greatest public benefit
must be secured for any additional investment;
(9) proposals must be judged by their long-term benefits;
(10) programs and regulations should be continually
evaluated, built upon, and improved before new ones are
created; and
(11) this Act is enacted to implement the will of the
States, local governments, businesses, landowners, and
concerned citizens, as described by the consensus report of the
Northern Forest Lands Council submitted to Congress in
September 1994.
SEC. 3. MARKETING COOPERATIVES.
(a) In General.--The Secretary of Agriculture shall provide
technical assistance to the States of Maine, New Hampshire, New York,
and Vermont to organize marketing cooperatives of willing landowners to
collectively grow, process, prepare for market, and market raw forest
products in interstate and foreign commerce and to serve other
stewardship goals collectively among willing landowners.
(b) Study.--The Secretary of Agriculture shall prepare a study of
the Northern Forest region to assess--
(1) landowner interest in creating marketing cooperatives;
(2) forest-related economic and environmental benefits that
could be enhanced through marketing cooperatives including the
development of domestic processing plants, access to
professional foresters and forest scientists, biodiversity
protection, and long-term sustainability; and
(3) barriers to creating marketing cooperative for forest
landowners.
SEC. 4. PRINCIPLES OF SUSTAINABILITY.
(a) In General.--The Secretary of Agriculture, acting through the
Chief of the Forest Service, shall, at the request of the States of
Maine, New Hampshire, New York, and Vermont, provide technical
assistance in working with the forest products industry, forest-
dependent communities, interested citizens, and scientists, as
appropriate, to define benchmarks of sustainability and establish
practical techniques for implementing and monitoring principles of
sustainability.
(b) Principles of Sustainability.--For the purposes of subsection
(a), principles of sustainability may include--
(1) maintenance of soil productivity;
(2) conservation of water quality, wetlands, and riparian
zones;
(3) maintenance or creation of a healthy balance of forest
age classes;
(4) continuous flow of timber, pulpwood, and other forest
products;
(5) improvement of the overall quality of the timber
resource as a foundation for more value-added opportunities;
(6) addressing scenic quality by limiting adverse aesthetic
impacts of forest harvesting, particularly in high-elevation
areas and vistas;
(7) conservation and enhancment of habitats that support a
full range of native flora and fauna;
(8) protection of unique or fragile natural areas; and
(9) continuation of opportunities for traditional
recreation.
SEC. 5. NORTHERN FOREST RESEARCH COOPERATIVE.
The Secretary of Agriculture, acting through the Northeast Forest
Experiment Station and other programs administered by the Chief of the
Forest Service, shall cooperate with the States of Maine, New
Hampshire, New York, and Vermont, the land grant universities of those
States, natural resource and forestry schools, and other interested
parties in collecting, coordinating, and promoting--
(1) research at those universities on ecosystem health,
forest management, product development, economics, and related
fields;
(2) forest management practices for use by land managers to
maximize multiresource benefits and ecosystem health;
(3) technology transfer to the wood products industry on
efficient processing, pollution prevention, and energy
conservation; and
(4) the dissemination of existing and new information to
landowners, public and private resource managers, State forest
citizen advisory committees, and the general public through
information clearinghouse activities.
SEC. 6. INTERSTATE COORDINATION STRATEGY.
(a) Meetings of Forest Service Representative and Representatives
of States.--The Chief of the Forest Service shall make a representative
of the State and Private Forest Program available to meet jointly at
least once a year with representatives of the States of Maine, New
Hampshire, New York, and Vermont to coordinate the implementation of
Federal, State, and local interests in the Northern Forest.
(b) Appointment.--Representatives of a State may include--
(1) the State forester, commissioner of forestry, or
equivalent officer with responsibility for setting forestry
policy for the State;
(2) 1 representative appointed by the presiding officer of
each house of the State legislature;
(3) a citizen advisory committee appointed by the Governor;
and
(4) the congressional delegation of the State.
SEC. 7. LABOR SAFETY AND TRAINING.
The Secretary of Labor, in cooperation with the Secretary of
Agriculture, acting through the Chief of the Forest Service, shall
provide technical assistance to forest-based industry groups to--
(1) improve workplace safety;
(2) establish and expand appropriate training programs; and
(3) encourage the development of equipment and methods of
timber harvesting that are safer than those currently in use,
profitable, and environmentally compatible.
SEC. 8. LAND CONSERVATION.
(a) Federal Assistance.--The Secretary of Agriculture, acting
through the Chief of the Forest Service, and the Secretary of the
Interior, acting through the Director of the Park Service and Director
of the United States Fish and Wildlife Service, at the request of the
State of Maine, New Hampshire, Vermont, or New York, shall provide
technical and financial assistance for the planning and acquisition of
land and easements.
(b) Criteria.--The planning process to prioritize land conservation
shall include the following criteria:
(1) Conservation of and access to outstanding recreational
values such as hunting, fishing, trapping, camping, boating,
and hiking opportunities.
(2) Outstanding biological diversity, ecological value,
geological features, and ecosystem function.
(3) Willing seller with community approval.
(4) Outstanding scenic value.
(5) The potential of losing any of the values described in
paragraphs (1) through (4) as the result of conversion of land
to a nonforest use.
(c) Method of Acquisition.--The Secretary may acquire lands or
easements for purposes of this Act by donation, purchase or exchange,
or otherwise with the consent of the owner of the lands.
(d) Land Acquisition.--Federal and State cooperative acquisition
projects may be carried out with funding provided exclusively by the
Federal Government or with funding provided by both the Federal
Government and the State government according to Federal conservation
objectives and State conservation objectives.
(e) Complementary Program.--The Secretary of the Interior shall
conduct activities under this section as a complement to the State
Comprehensive Outdoor Recreation Plan for each Northern Forest State
and with a landscape perspective.
(f) Authorization of Appropriations.--There are authorized to be
appropriated, out of the land and water conservation fund established
by section 2 of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-4), such sums as are necessary to carry out this section.
SEC. 9. LANDOWNER LIABILITY EXEMPTION.
(a) Findings.--Congress finds that--
(1) many landowners allow free access by the general public
to private lands for recreational purposes; and
(2) when landowners make their resources available for
public enjoyment without a fee, landowners should not be liable
for acts based on the mere fact of ownership of undeveloped
land and awareness that a citizen or citizens were using their
land.
(b) Sense of Congress.--It is the sense of Congress that States
should enact laws that protect forest land owners from liability of
responsible use of private lands by citizens who use private lands free
of charge.
SEC. 10. NONGAME CONSERVATION.
(a) Findings.--Congress finds that--
(1) private landowners often manage their lands in ways
that produce a variety of public benefits including wildlife
habitat; and
(2) there should be more incentives for private landowners
to exceed current forest management standards and
responsibilities under Federal laws.
(b) Sense of Congress.--It is the sense of the Congress that
Congress should make it a priority to consider legislation that creates
a funding mechanism to support the conservation of nongame fish and
wildlife and associated recreation activities on public and private
lands and does not replace, substitute, or duplicate existing laws that
support game fish and wildlife.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for fiscal years 1996, 1997,
1998, 1999, and 2000 such sums as are necessary to carry out sections
3, 4, 5, 6, and 7 of this Act and section 2371 of the Rural Economic
Development Act of 1990 (7 U.S.C. 6601) in the States of Maine, New
Hampshire, New York, and Vermont. | Northern Forest Stewardship Act - Directs the Secretary of Agriculture to: (1) provide technical assistance to Maine, New Hampshire, New York, and Vermont for forest products marketing cooperatives, for implementing principles of sustainability, and for land conservation; (2) prepare a related study of the Northern Forest region; and (3) cooperate in Northern Forest research.
Provides for interstate coordination strategy.
Directs the Secretary of Labor to provide technical assistance to forest-based industry for labor safety and training activities.
Authorizes appropriations for: (1) land conservation; and (2) other activities under this Act.
Expresses the sense of the Congress: (1) that States should provide landowners with liability exemptions for permitting free public use of their land; and (2) in favor of a funding mechanism to support conservation of nongame fish and wildlife on public and private land. | Northern Forest Stewardship Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Rights Tax Relief Act of
2007''.
SEC. 2. EXCLUSION FROM GROSS INCOME FOR AMOUNTS RECEIVED ON ACCOUNT OF
CERTAIN UNLAWFUL DISCRIMINATION.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by inserting after section 139A the
following new section:
``SEC. 139B. AMOUNTS RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL
DISCRIMINATION.
``(a) Exclusion.--Gross income does not include amounts received by
a claimant (whether by suit or agreement and whether as lump sums or
periodic payments) on account of a claim of unlawful discrimination (as
defined by section 62(e)).
``(b) Amounts Covered.--For purposes of subsection (a), the term
`amounts' does not include--
``(1) backpay or frontpay, as defined in section 1302(b),
or
``(2) punitive damages.''.
(b) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by inserting after
the item relating to section 139A the following:
``Sec. 139B. Amounts received on account of certain unlawful
discrimination.''.
(c) Effective Date.--The amendment made by this section shall apply
to amounts received in taxable years beginning after December 31, 2006.
SEC. 3. LIMITATION ON TAX BASED ON INCOME AVERAGING FOR BACKPAY AND
FRONTPAY RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL
EMPLOYMENT DISCRIMINATION.
(a) In General.--Part I of subchapter Q of chapter 1 of the
Internal Revenue Code of 1986 (relating to income averaging) is amended
by adding at the end the following new section:
``SEC. 1302. INCOME FROM BACKPAY AND FRONTPAY RECEIVED ON ACCOUNT OF
CERTAIN UNLAWFUL EMPLOYMENT DISCRIMINATION.
``(a) General Rule.--If employment discrimination backpay or
frontpay is received by a taxpayer during a taxable year, the tax
imposed by this chapter for such taxable year shall not exceed the sum
of--
``(1) the tax which would be so imposed if--
``(A) no amount of such backpay or frontpay were
included in gross income for such year, and
``(B) no deduction were allowed for such year for
expenses (otherwise allowable as a deduction to the
taxpayer for such year) in connection with making or
prosecuting any claim of unlawful employment
discrimination by or on behalf of the taxpayer, plus
``(2) the product of--
``(A) the number of years in the backpay period and
frontpay period, and
``(B) the amount by which the tax determined under
paragraph (1) would increase if the amount on which
such tax is determined were increased by the average
annual net backpay and frontpay amount.
``(b) Definitions.--For purposes of this section--
``(1) Employment discrimination backpay or frontpay.--The
term `employment discrimination backpay or frontpay' means
backpay or frontpay receivable (whether as lump sums or
periodic payments) on account of a claim of unlawful employment
discrimination.
``(2) Unlawful employment discrimination.--The term
`unlawful employment discrimination' has the meaning provided
the term `unlawful discrimination' in section 62(e).
``(3) Backpay and frontpay.--The terms `backpay' and
`frontpay' mean amounts includible in gross income in the
taxable year--
``(A) as compensation which is attributable--
``(i) in the case of backpay, to services
performed, or that would have been performed
but for a claimed violation of law, as an
employee, former employee, or prospective
employee before such taxable year for the
taxpayer's employer, former employer, or
prospective employer, and
``(ii) in the case of frontpay, to
employment that would have been performed but
for a claimed violation of law, in a taxable
year or taxable years following the taxable
year; and
``(B) which are--
``(i) ordered, recommended, or approved by
any governmental entity to satisfy a claim for
a violation of law, or
``(ii) received from the settlement of such
a claim.
``(4) Backpay period.--The term `backpay period' means the
period during which services are performed (or would have been
performed) to which backpay is attributable. If such period is
not equal to a whole number of taxable years, such period shall
be increased to the next highest number of whole taxable years.
``(5) Frontpay period.--The term `frontpay period' means
the period of foregone employment to which frontpay is
attributable. If such period is not equal to a whole number of
taxable years, such period shall be increased to the next
highest number of whole taxable years.
``(6) Average annual net backpay and frontpay amount.--The
term `average annual net backpay and frontpay amount' means the
amount equal to--
``(A) the excess of--
``(i) employment discrimination backpay and
frontpay, over
``(ii) the amount of deductions that would
have been allowable but for subsection
(a)(1)(B), divided by
``(B) the number of years in the backpay period and
frontpay period.''.
(b) Clerical Amendment.--The table of sections for part I of
subchapter Q of chapter 1 of such Code is amended by inserting after
section 1301 the following new item:
``Sec. 1302. Income from backpay and frontpay received on account of
certain unlawful employment
discrimination.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts received in taxable years beginning after December 31,
2006.
SEC. 4. INCOME AVERAGING FOR BACKPAY AND FRONTPAY RECEIVED ON ACCOUNT
OF CERTAIN UNLAWFUL EMPLOYMENT DISCRIMINATION NOT TO
INCREASE ALTERNATIVE MINIMUM TAX LIABILITY.
(a) In General.--Section 55(c) of the Internal Revenue Code of 1986
(defining regular tax) is amended by redesignating paragraph (2) as
paragraph (3) and by inserting after paragraph (1) the following:
``(2) Coordination with income averaging for amounts
received on account of employment discrimination.--Solely for
purposes of this section, section 1302 (relating to averaging
of income from backpay or frontpay received on account of
certain unlawful employment discrimination) shall not apply in
computing the regular tax.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2006. | Civil Rights Tax Relief Act of 2007 - Amends the Internal Revenue Code to: (1) allow an exclusion from gross income for amounts received (either backpay or frontpay or punitive damages) on account of an unlawful discrimination claim; and (2) allow income averaging for backpay and frontpay amounts received from such claims. | To amend the Internal Revenue Code of 1986 to exclude from gross income amounts received on account of claims based on certain unlawful discrimination and to allow income averaging for backpay and frontpay awards received on account of such claims, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``True American Heroes Act of 2003''.
TITLE I--MEDALS FOR RESPONDERS AND RESISTERS
SEC. 101. CONGRESSIONAL GOLD MEDALS FOR GOVERNMENT WORKERS WHO
RESPONDED TO THE ATTACKS ON THE WORLD TRADE CENTER AND
PERISHED.
(a) Presentation Authorized.--In recognition of the bravery and
self-sacrifice of officers, emergency workers, and other employees of
State and local government agencies, including the Port Authority of
New York and New Jersey, and of the United States Government and
others, who responded to the attacks on the World Trade Center in New
York City, and perished in the tragic events of September 11, 2001
(including those who are missing and presumed dead), the Speaker of the
House and the President pro tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of the
Congress, of a gold medal of appropriate design for each such officer,
emergency worker, employee, or other individual to the next of kin or
other personal representative of each such officer, emergency worker,
employee, or other individual.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury shall strike gold
medals with suitable emblems, devices, and inscriptions to be
determined by the Secretary to be emblematic of the valor and heroism
of the men and women honored.
(c) Determination of Recipients.--The Secretary of the Treasury
shall determine the number of medals to be presented under this section
and the appropriate recipients of the medals after consulting with
appropriate representatives of Federal, State, and local officers and
agencies and the Port Authority of New York and New Jersey.
(d) Duplicative Gold Medals for Departments and Duty Stations.--
(1) In general.--The Secretary of the Treasury shall strike
duplicates in gold of the gold medals struck pursuant to
subsection (a) for presentation to each of the following, for
permanent display in the respective offices, houses, stations,
or places of employment:
(A) The Governor of the State of New York.
(B) The Mayor of the City of New York.
(C) The Commissioner of the New York Police
Department, the Commissioner of the New York Fire
Department, the head of emergency medical services for
the City of New York, and the Chairman of the Board of
Directors of the Port Authority of New York and New
Jersey.
(D) Each precinct house, fire house, emergency
response station, or other duty station or place of
employment to which each person referred to in
subsection (a) was assigned on September 11, 2001, for
display in each such place in a manner befitting the
memory of such persons.
(e) Duplicate Bronze Medals.--Under such regulations as the
Secretary may prescribe, the Secretary may strike and sell duplicates
in bronze of the gold medal struck under subsection (a) at a price
sufficient to cover the costs of the bronze medals (including labor,
materials, dies, use of machinery, and overhead expenses) and the cost
of the gold medal.
(f) Use of the United States Mint at West Point, New York.--It is
the sense of the Congress that the medals authorized under this section
should be struck at the United States Mint at West Point, New York, to
the greatest extent possible.
SEC. 102. CONGRESSIONAL GOLD MEDALS FOR PEOPLE ABOARD UNITED AIRLINES
FLIGHT 93 WHO HELPED RESIST THE HIJACKERS AND CAUSED THE
PLANE TO CRASH.
(a) Congressional Findings.--The Congress finds as follows:
(1) On September 11, 2001, United Airlines Flight 93,
piloted by Captain James Dahl, departed from Newark
International Airport at 8:01 a.m. on its scheduled route to
San Francisco, California, with 7 crew members and 38
passengers on board.
(2) Shortly after departure, United Airlines Flight 93 was
hijacked by terrorists.
(3) At 10:37 a.m. United Airlines Flight 93 crashed near
Shanksville, Pennsylvania.
(4) Evidence indicates that people aboard United Airlines
Flight 93 learned that other hijacked planes had been used to
attack the World Trade Center in New York City and resisted the
actions of the hijackers on board.
(5) The effort to resist the hijackers aboard United
Airlines Flight 93 appears to have caused the plane to crash
prematurely, potentially saving hundreds or thousands of lives
and preventing the destruction of the White House, the Capitol, or
another important symbol of freedom and democracy.
(6) The leaders of the resistance aboard United Airlines
Flight 93 demonstrated exceptional bravery, valor, and
patriotism, and are worthy of the appreciation of the people of
the United States.
(b) Presentation of Congressional Gold Medals Authorized.--In
recognition of heroic service to the Nation, the Speaker of the House
and the President pro tempore of the Senate shall make appropriate
arrangements for the presentation, on behalf of the Congress, of a gold
medal of appropriate design for each passenger or crew member on board
United Airlines Flight 93 who is identified by the Attorney General as
having aided in the effort to resist the hijackers on board the plane
to the next of kin or other personal representative of each such
individual.
(c) Design and Striking.--For the purpose of the presentation
referred to in subsection (b), the Secretary of the Treasury shall
strike gold medals of a single design with suitable emblems, devices,
and inscriptions, to be determined by the Secretary.
(d) Duplicate Medals.--Under such regulations as the Secretary of
the Treasury may prescribe, the Secretary may strike and sell
duplicates in bronze of the gold medals struck under subsection (b) at
a price sufficient to cover the cost of the bronze medals (including
labor, materials, dies, use of machinery, and overhead expenses) and
the cost of the gold medals.
SEC. 103. CONGRESSIONAL GOLD MEDALS FOR GOVERNMENT WORKERS WHO
RESPONDED TO THE ATTACKS ON THE PENTAGON AND PERISHED.
(a) Presentation Authorized.--In recognition of the bravery and
self-sacrifice of officers, emergency workers, and other employees of
the United States Government, who responded to the attacks on the
Pentagon Washington, D.C. and perished in the tragic events of
September 11, 2001 (including those who are missing and presumed dead)
the Speaker of the House and the President pro tempore of the Senate
shall make appropriate arrangements for the presentation, on behalf of
the Congress, of a gold medal of appropriate design for each such
officer, emergency worker, or employee to the next of kin or other
personal representative of each such officer, emergency worker, or
employee.
(b) Design and Striking.--For the purpose of the presentation
referred to in subsection (a), the Secretary of the Treasury shall
strike gold medals of a single design with suitable emblems, devices,
and inscriptions, to be determined by the Secretary.
(c) Determination of Recipients.--The Secretary of the Treasury
shall determine the number of medals to be presented under this section
and the appropriate recipients of the medals after consulting with the
Secretary of Defense and any other appropriate representative of
Federal, State, and local officers and agencies.
SEC. 104. NATIONAL MEDALS.
The medals struck under this title are national medals for purposes
of chapter 51 of title 31, United States Code.
TITLE II--SPIRIT OF AMERICA COMMEMORATIVE COINS
SEC. 201. FINDINGS.
The Congress finds as follows:
(1) On September 11, 2001, the United States suffered the
worst act of terrorism in its history.
(2) The more than 6,000 people who lost their lives as a
result of the terrorist attacks that occurred in New York City,
at the Pentagon, and in Pennsylvania on September 11, 2001,
will not be forgotten.
(3) Hundreds of emergency personnel responded heroically to
the crisis and lost their lives as a result.
(4) People from everywhere in the United States responded
to the crisis with an outpouring of support for the victims of
the terrorist attacks and their families.
(5) The civilized world stands with strength and fortitude
in opposition to the cowardly terrorist attacks against the
United States that occurred on September 11, 2001.
(6) It is essential to remember not only the tragedy of the
attacks, but also the strength and resolve demonstrated by the
people of the United States in the aftermath of the attacks.
(7) The minting of coins in commemoration of the Spirit of
America will pay tribute to the countless heroes who risked
their lives during the terrorist attacks and in their aftermath
so that others may live and to a united people whose belief in
freedom, justice, and democracy has never swayed.
SEC. 202. COIN SPECIFICATIONS.
(a) Denominations.--In commemoration of the Spirit of America, the
Secretary of the Treasury (hereafter in this title referred to as the
``Secretary'') shall mint and issue the following coins:
(1) $50 gold coins.--Such number of 50 dollar coins as the
Secretary determines under subsection (b), which shall--
(A) weigh 1 ounce;
(B) have a diameter of 1.287 inches; and
(C) contain 91.67 percent gold and 8.33 percent
alloy.
(2) $1 silver coins.--Such number of 1 dollar coins as the
Secretary determines appropriate to meet demand, which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(3) Half dollar clad coins.--Such number of half dollar
coins as the Secretary determines appropriate to meet demand,
which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Number of Gold Coins.--
(1) In general.--The number of gold coins minted and issued
under this title shall equal the sum of 25,000 and the number
determined under paragraph (2).
(2) Determination of number.--The Secretary, in
consultation with the Attorney General of the United States and
the Governors of New York, Pennsylvania, and Virginia shall
determine the number of innocent individuals confirmed or
presumed to have been killed as a result of the terrorist
attacks against the United States that occurred on September
11, 2001, and shall identify such individuals. The Secretary,
under subsection (a)(1), shall mint and issue a number of 50
dollar coins equal to the number of such individuals.
(c) Legal Tender.--The coins minted under this title shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(d) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this title shall be
considered to be numismatic items.
(e) Sources of Bullion.--For the purpose of minting coins under
this title, the Secretary may only use metals that are from natural
deposits in the United States or any territory or possession of the
United States.
(f) Special Treatment Under Exigent Circumstances.--
(1) Findings.--The Congress finds as follows:
(A) The limitations contained in paragraphs (1) and
(2)(A) of section 5112(m) of title 31, United States
Code, and section 5134(f)(1)(B) of such title have well
served, and continue to serve, their purpose of
bringing greater stability to the markets for
commemorative coins, maximizing demand and
participation in such programs, and ensuring that such
programs have a broad base of private support and are
not used as the primary means of fundraising by
organizations that are the recipients of surcharges.
(B) The shocking circumstances of September 11,
2001, the broad base of public interest in showing the
Spirit of America and participating in the raising of
funds for the victims of the crimes committed on that
date, and the importance of implementing this coin
program as quickly as possible, notwithstanding the
limitations contained in such paragraphs, justify
exempting the coins produced under this title from such
limitations.
(2) Exemption.--Paragraphs (1) and (2) of section 5112(m)
of title 31, United States Code, and section 5134(f)(1)(B) of
such title shall not apply to coins authorized under this
title.
SEC. 203. DESIGN OF COINS.
(a) In General.--The design of the coins minted under this title
shall be emblematic of the tragic events that occurred at the Pentagon,
in New York City, and in Pennsylvania, on September 11, 2001.
(b) Designation and Inscriptions.--On each coin minted under this
title there shall be--
(1) a designation of the value of the coin;
(2) an inscription of the date ``September 11, 2001'' (and
such coin shall bear no other date); and
(3) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(c) Selection.--The design for the coins minted under this title
shall be selected by the Secretary after consultation with the
Commission of Fine Arts.
SEC. 204. STRIKING AND ISSUANCE OF COINS.
(a) Quality of Coins.--
(1) In general.--Except as provided under paragraph (2),
coins minted under this title shall be issued in uncirculated
quality.
(2) Gold coins.--50 dollar coins minted under section
202(a)(1) shall be issued only in proof quality.
(b) Mint Facility.--
(1) In general.--Except as provided under paragraph (2),
only 1 facility of the United States Mint may be used to strike
any particular quality of the coins minted under this title.
(2) Clad coins.--Any number of facilities of the United
States Mint may be used to strike the half dollar coins minted
under section 202(a)(3).
(c) Period for Issuance.--The Secretary--
(1) shall commence issuing coins minted under this title as
soon as possible after the date of the enactment of this Act;
and
(2) shall not issue any coins after the end of the 1-year
period beginning on the date such coins are first issued.
SEC. 205. SALE OF COINS.
(a) Sale Price.--The coins issued under section 202(a) (other than
the 50 dollar gold coins referred to in subsection (d)) shall be sold
by the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharges required by section 206(a) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under section 202(a) at a reasonable discount.
(c) Prepaid Orders.--The Secretary shall accept prepaid orders
received before the issuance of the coins minted under section 202(a).
The sale prices with respect to such prepaid orders shall be at a
reasonable discount.
(d) Gold Coins.--Notwithstanding section 204(c)(2), the Secretary
shall issue a 50 dollar coin minted under section 202(a)(1) for
presentation free of charge to the next of kin or personal
representative of each individual identified under section 202(b). The
Speaker of the House of Representatives and the President Pro Tempore
of the Senate shall make appropriate arrangements for the presentation,
on behalf of the Congress, of such gold coins.
SEC. 206. SURCHARGES ON SALE OF COINS.
(a) Assessment.--Any sale by the Secretary of a coin minted under
this title shall include a surcharge of an amount determined by the
Secretary to be sufficient to cover the cost of the gold coins minted
under section 202(a)(1) (including labor, materials, dies, use of
machinery, overhead expenses, and shipping) for presentment in
accordance with section 205(d), which charge may not be less than--
(1) $100 per coin for the 50 dollar gold coins;
(2) $10 per coin for the 1 dollar coin; and
(3) $5 per coin for the half dollar coin.
(b) Distribution of Excess Proceeds.--Any proceeds from the
surcharges received by the Secretary from the sale of coins issued
under this title in excess of the cost of producing all coins issued
under this title (including coins issued for individuals identified
pursuant to section 202(b)(2)) shall be--
(1) used to cover the costs incurred in the production of
gold medals under title I that have not been recovered from the
sale of duplicate bronze medals under such title; and
(2) with respect to any amount remaining after the costs
described in paragraph (1) are covered, transferred to any fund
for victims of the tragedies of September 11, 2001, that the
Secretary of the Treasury and the Attorney General jointly
determine to be appropriate. | True American Heroes Act of 2003 - Authorizes the posthumous award of congressional gold medals to the government workers and others who responded to the attacks on the World Trade Center in New York City and the Pentagon in Virginia and perished in the tragic events of September 11, 2001, and to the people aboard United Airlines Flight 93 who helped resist the hijackers on board and caused the plane to crash.Directs the Secretary of the Treasury to mint and issue $50 dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the tragic events that occurred at the Pentagon, in New York City, and in Pennsylvania, on September 11, 2001. | To posthumously award congressional gold medals to government workers and others who responded to the attacks on the World Trade Center and the Pentagon and perished and to people aboard United Airlines Flight 93 who helped resist the hijackers and caused the plane to crash, to require the Secretary of the Treasury to mint coins in commemoration of the Spirit of America, recognizing the tragic events of September 11, 2001, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homemaker Employment Assistance and
Lifeskills Act.''
SEC. 2. PURPOSE AND FINDINGS.
(a) Purpose.--The purpose of this Act is to provide assistance to
States for preparatory services, education and training programs,
support service assistance, and referral services to displaced
homemakers, single parents, and individuals pursuing nontraditional
occupations. Such assistance will create workforce pathways for
individuals in transition and help meet the employment needs of a high
skilled, information technology economy.
(b) Findings.--Congress finds the following:
(1) A high quality, productive, and diverse workforce is
necessary to compete in the global economy.
(2) There are approximately 15,000,000 displaced homemakers
and single parents in the United States for whom the pathway to
employment and economic independence requires education and
training services.
(3) The education and training needs of displaced
homemakers, single parents, and individuals pursuing
nontraditional occupations are not sufficiently met through
existing systems.
(4) Displaced homemakers and single parents represent an
untapped resource to enter unfilled positions in the
information technology sector.
(5) Employment in information technology and nontraditional
careers offers wages and advancement opportunities to help
families achieve economic independence.
SEC. 3. DEFINITIONS.
Except as otherwise specified in this Act, as used in this Act:
(1) Community-based organization.--The term ``community-
based organization'' means a public or private nonprofit
organization of demonstrated effectiveness that--
(A) is representative of a community or significant
segments of a community; and
(B) provides educational or related services to
individuals in the community.
(2) Displaced homemaker.--The term ``displaced homemaker''
means an individual who has been providing unpaid services to
family members in the home and who--
(A) has been dependent on the income of another
family member but is no longer supported by that
income; and
(B) is unemployed or underemployed and is
experiencing difficulty in obtaining or upgrading
employment.
(3) Eligible state agency.--The term ``eligible State
agency'' means a State board designated or created as the State
agency responsible for the administration of vocational and
technical education in the State.
(4) Eligible recipient.--The term ``eligible recipient''
means a community-based organization, a local educational
agency, a postsecondary vocational institution, or other
entities that have demonstrated ability to meet the education
and training needs of displaced homemakers and single parents.
(5) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in section 14101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
(6) Nontraditional employment.--The term ``nontraditional
employment,'' refers to occupations or fields of work for which
individuals from one gender comprise less than 25 percent of
the individuals employed in each such occupation or field of
work.
(7) Preparatory services.--The term ``preparatory
services'' means services, programs, or activities designed to
assist individuals who are not enrolled in education or
training programs in the selection of, or preparation for
participation in, an appropriate education or training program,
such as--
(A) services, programs, or activities related to
outreach in the recruitment of potential students;
(B) career counseling and personal counseling;
(C) vocational assessment and testing; and
(D) other appropriate services, programs, or
activities.
(8) Postsecondary vocational institution.--The term
``postsecondary vocation institution'' has the same meaning
given such term in section 102(c) of the Higher Education Act
of 1965 (20 U.S.C. 1002(c)).
(9) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 14101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8801).
(10) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(11) Single parent.--The term ``single parent'' means an
individual who is unmarried and--
(A) has a minor child or children for which the
parent has either custody or joint custody; or
(B) is pregnant.
(12) Supportive services.--The term ``supportive services''
means services such as transportation, child care, dependent
care, and needs based payment, that are necessary to enable an
individual to participate in education and training activities.
SEC. 4. PROGRAM AUTHORIZED.
The Secretary of Education is authorized to provide grants to
States to enable such States to develop or enhance programs described
in section 6.
SEC. 5. ALLOCATION.
(a) In General.--The Secretary shall allot funds to the States
under this Act based on the ratio of the population between the ages of
16 and 64 of each State to the total population between the ages of 16
and 64 in all of the States.
(b) Supplement Not Supplant.--Funds provided under this Act shall
be used to supplement not supplant other Federal, State, and local
public funds expended to provide services to displaced homemakers,
single parents, and students pursuing nontraditional occupations.
SEC. 6. ELIGIBILITY.
(a) In General.--Each eligible State agency shall prepare and
submit to the Secretary a plan for a five-year period, together with
such annual revisions as the eligible State agency determines to be
necessary.
(b) Revisions; Review; and Accountability.--Each eligible State
agency shall--
(1) submit such annual revisions of the plan to the
Secretary as the eligible State agency determines to be
necessary;
(2) after the second year of the 5-year State plan, conduct
a review of activities assisted under this Act and submit any
revisions of the State plan that the eligible State agency
determines necessary to the Secretary; and
(3) submit an annual report of data compiled in accordance
with paragraph (7) of subsection (d).
(c) Plan Development.--The eligible State agency may develop the
State plan in consultation with experts, students in displaced
homemaker, single parent, and nontraditional training programs, and any
other individual the State considers necessary.
(d) Plan Contents.--The State plan shall include information that--
(1) describes the preparatory services and vocational and
technical education activities to be assisted that are designed
to assist single parents, displaced homemakers, and students
pursuing nontraditional training and employment;
(2) describes the process for soliciting competitive
applications and the criteria that will be used by the eligible
State agency in awarding eligible recipients funds under this
Act;
(3) describes how comprehensive professional development
will be provided;
(4) describes how the eligible State agency will--
(A) annually evaluate the effectiveness of such
programs; and
(B) coordinate such programs to ensure non-
duplication with other existing Federal programs;
(5) provides assurances that the eligible State agency will
comply with the requirements of this Act and the provisions of
the State plan, including the provision of a financial audit of
funds received under this Act which may be included as part of
an audit of other Federal or State programs;
(6) provides assurances that none of the funds expended
under this Act will be used to acquire equipment (including
computer software) in any instance in which such acquisition
results in a direct financial benefit to any organization
representing the interests of the purchasing entity, the
employees of the purchasing entity, or any affiliate of such an
organization;
(7) describes how the eligible State agency will measure
and report the progress of the students who are served pursuant
to this Act, including--
(A) single parent and displaced homemaker's
participation in and completion of a vocational and
technical education program;
(B) student participation in and completion of
vocational and technical education programs that lead
to nontraditional training and employment;
(C) single parent and displaced homemaker's
attainment of a secondary school diploma or its
recognized equivalent;
(D) single parent and displaced homemaker's
placement in postsecondary education or advanced
training, placement in military service, or placement
in employment;
(E) student placement in nontraditional employment;
and
(8) describes how the eligible State agency will provide
eligible recipients with technical assistance;
(9) describes the methods proposed for the joint planning
and coordination of programs carried out under this Act with
other Federal programs.
(e) Plan Option.--The eligible State agency may fulfill the
requirements of subsection (d) by submitting a plan under section 123
of the Carl D. Perkins Vocational and Technical Education Act of 1998
(20 U.S.C. 2343).
(f) Plan Approval.--The Secretary shall consider a plan or revision
of a State plan approved, unless the Secretary determines, within 120
days of submission, that the State plan, or revision, respectively,
does not meet the requirements of this section.
SEC. 7. PROGRAMS FOR SINGLE PARENTS, DISPLACED HOMEMAKERS, AND
NONTRADITIONAL EMPLOYMENT.
Except as provided in section 8(a), each State may use funds
provided under section 9 only to--
(1) provide, subsidize, reimburse, or pay for preparatory
services, necessary educational materials (including books and
supplies), career guidance and counseling services, support
services, or special services;
(2) provide information to displaced homemakers, single
parents, and students interested in pursuing nontraditional
occupations, to inform such individuals of vocational education
and training programs, related support services, and
counseling;
(3) provide programs, services, counseling, and activities
to prepare displaced homemakers and single parents to attain
marketable skills for employment that will lead to economic
self-sufficiency;
(4) provide programs, services, counseling, and activities
that will provide displaced homemakers and single parents with
the skills to enter information technology and nontraditional
careers;
(5) provide programs, services, counseling, and activities
to increase opportunities for students to enter and pursue
education and training in nontraditional careers, including
information technology and other high skill careers;
(6) provide programs, services, counseling, and activities
to ensure a fair and respectful learning environment for all
vocational students, particularly those preparing for
nontraditional employment; and
(7) develop replicable model programs that increase
participation and completion rates of individuals in
nontraditional employment.
SEC. 8. WITHIN STATE ALLOCATION AND ADMINISTRATION.
(a) Reservation for State Activities.--From the amounts allocated
under section 5, not more than 5 percent shall be reserved for State
administration.
(b) Matching Requirement.--Each eligible State agency receiving
funds made available under section 5(a), shall match, from non-Federal
sources and on a dollar-for-dollar basis, the funds received under
section 9.
(c) Administration.--Any State desiring to participate in a program
authorized by this Act shall assign not less than one individual within
the appropriate agency established to administer vocational education
programs within the State to assist in fulfilling the purposes of this
Act by--
(1) administering the program of vocational education
described in section 7;
(2) gathering, analyzing, and disseminating data on the
adequacy and effectiveness of vocational education programs in
the State as described in section 6;
(3) developing the State plan described in section 6;
(4) providing technical assistance and professional
development in expanding vocational opportunities for students
pursuing nontraditional occupations and single parents, and
displaced homemakers;
(5) managing the distribution of funds pursuant to section
6;
(6) monitoring the use of funds distributed to recipients
under such programs; and
(7) evaluating the effectiveness of programs and activities
supported by such funds.
(d) Competitive Awards.--The administrator assigned under
subsection (c) shall--
(1) on a competitive basis, provide grants to eligible
recipients; and
(2) ensure that each grant is for a program that is of
sufficient size, scope, and quality to be effective.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act,
$100,000,000 for fiscal year 2002 and such sums as may be necessary for
each of the four succeeding fiscal years. | Homemaker Employment Assistance and Lifeskills Act - Authorizes the Secretary of Education to make formula matching grants to States with approved plans for programs of vocational education, training, employment counseling, and related services for single parents, displaced homemakers, and individuals entering nontraditional employment. Requires States to assign at least one individual from the State vocational education agency to administer such programs and make competitive subgrants to eligible entities. | To provide effective training and education programs for displaced homemakers, single parents, and individuals entering nontraditional employment. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Riayan Tejeda Memorial Act of
2003''.
SEC. 2. REQUIREMENTS FOR NATURALIZATION THROUGH SERVICE IN COMBAT ZONE
DURING OPERATION IRAQI FREEDOM.
(a) In General.--An alien described in subsection (b) may be
naturalized without regard to the requirements of title III of the
Immigration and Nationality Act (8 U.S.C. 1401 et seq.) if the alien--
(1) files an application for naturalization in accordance
such procedures to carry out this section as may be established
by regulation by the Secretary of Homeland Security; and
(2) takes the oath required by section 337 of such Act (8
U.S.C. 1448) in accordance with such procedures.
(b) Aliens Described.--An alien described in this subsection is an
alien who--
(1) while an alien or noncitizen national of the United
States, served honorably for any period of time in the Army,
Navy, Air Force, Marine Corps (including reserve components),
or in the Coast Guard or Coast Guard Reserve, in a combat zone
designated in connection with Operation Iraqi Freedom; and
(2) if separated from such service, was never separated
except under honorable conditions.
(c) Prohibition on Imposition of Fees Relating to Naturalization.--
Notwithstanding any other provision of law, no fee shall be charged or
collected from an applicant under this section for filing an
application for naturalization or for the issuance of a certificate of
naturalization upon citizenship being granted to the applicant, and no
clerk of any State court shall charge or collect any fee for such
services unless the laws of the State require such charge to be made,
in which case nothing more than the portion of the fee required to be
paid to the State shall be charged or collected.
(d) Naturalization Proceedings Overseas for Members of the Armed
Forces.--Notwithstanding any other provision of law, the Secretary of
Homeland Security, the Secretary of State, and the Secretary of Defense
shall ensure that any applications, interviews, filings, oaths,
ceremonies, or other proceedings under this section are available
through United States embassies, consulates, and as practicable, United
States military installations overseas.
SEC. 3. EXTENSION OF POSTHUMOUS BENEFITS TO SURVIVING SPOUSES,
CHILDREN, AND PARENTS.
(a) Treatment as Immediate Relatives.--
(1) Spouses.--Notwithstanding the second sentence of
section 201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who was
the spouse of a citizen of the United States at the time of the
citizen's death and was not legally separated from the citizen
at the time of the citizen's death, if the citizen served
honorably for any period of time in the Army, Navy, Air Force,
Marine Corps (including reserve components), or in the Coast
Guard or Coast Guard Reserve, in a combat zone designated in
connection with Operation Iraqi Freedom and died as a result of
injury or disease incurred in or aggravated by that service,
the alien (and each child of the alien) shall be considered,
for purposes of section 201(b) of such Act, to remain an
immediate relative after the date of the citizen's death, but
only if the alien files a petition under section
204(a)(1)(A)(ii) of such Act within 2 years after such date and
only until the date the alien remarries. For purposes of such
section 204(a)(1)(A)(ii), an alien granted relief under the
preceding sentence shall be considered an alien spouse
described in the second sentence of section 201(b)(2)(A)(i) of
such Act.
(2) Children.--
(A) In general.--In the case of an alien who was
the child of a citizen of the United States at the time
of the citizen's death, if the citizen served honorably
for any period of time in the Army, Navy, Air Force,
Marine Corps (including reserve components), or in the
Coast Guard or Coast Guard Reserve, in a combat zone
designated in connection with Operation Iraqi Freedom
and died as a result of injury or disease incurred in
or aggravated by that service, the alien shall be
considered, for purposes of section 201(b) of the
Immigration and Nationality Act (8 U.S.C. 1151(b)), to
remain an immediate relative after the date of the
citizen's death (regardless of changes in age or
marital status thereafter), but only if the alien files
a petition under subparagraph (B) within 2 years after
such date.
(B) Petitions.--An alien described in subparagraph
(A) may file a petition with the Secretary of Homeland
Security for classification of the alien under section
201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act,
such a petition shall be considered a petition filed
under section 204(a)(1)(A) of such Act (8 U.S.C.
1154(a)(1)(A)).
(3) Parents.--
(A) In general.--In the case of an alien who was
the parent of a citizen of the United States at the
time of the citizen's death, if the citizen served
honorably for any period of time in the Army, Navy, Air
Force, Marine Corps (including reserve components), or
in the Coast Guard or Coast Guard Reserve, in a combat
zone designated in connection with Operation Iraqi
Freedom and died as a result of injury or disease
incurred in or aggravated by that service, the alien
shall be considered, for purposes of section 201(b) of
the Immigration and Nationality Act (8 U.S.C. 1151(b)),
to remain an immediate relative after the date of the
citizen's death (regardless of changes in age or
marital status thereafter), but only if the alien files
a petition under subparagraph (B) within 2 years after
such date.
(B) Petitions.--An alien described in subparagraph
(A) may file a petition with the Secretary of Homeland
Security for classification of the alien under section
201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act,
such a petition shall be considered a petition filed
under section 204(a)(1)(A) of such Act (8 U.S.C.
1154(a)(1)(A)).
(C) Exception.--Notwithstanding section
201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)), for purposes of this
paragraph, a citizen described in subparagraph (A) does
not have to be 21 years of age for a parent to benefit
under this paragraph.
(b) Applications for Adjustment of Status by Surviving Spouses,
Children, and Parents.--
(1) In general.--Notwithstanding subsections (a) and (c) of
section 245 of the Immigration and Nationality Act (8 U.S.C.
1255), any alien who was the spouse, child, or parent of an
alien described in paragraph (2), and who applied for
adjustment of status prior to the death described in paragraph
(2)(B), may have such application adjudicated as if such death
had not occurred.
(2) Alien described.--An alien is described in this
paragraph if the alien--
(A) served honorably for any period of time in the
Army, Navy, Air Force, Marine Corps (including reserve
components), or in the Coast Guard or Coast Guard
Reserve, in a combat zone designated in connection with
Operation Iraqi Freedom;
(B) died as a result of injury or disease incurred
in or aggravated by that service; and
(C) was granted posthumous citizenship under
section 329A of the Immigration and Nationality Act (8
U.S.C. 1440-1).
(c) Spouses and Children of Lawful Permanent Resident Aliens.--
(1) Treatment as immediate relatives.--
(A) In general.--A spouse or child of an alien
described in paragraph (3) who is included in a
petition for classification as a family-sponsored
immigrant under section 203(a)(2) of the Immigration
and Nationality Act (8 U.S.C. 1153(a)(2)) that was
filed by such alien, shall be considered (if the spouse
or child has not been admitted or approved for lawful
permanent residence by such date) a valid petitioner
for immediate relative status under section
201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)). Such spouse or child shall
be eligible for deferred action, advance parole, and
work authorization.
(B) Petitions.--An alien spouse or child described
in subparagraph (A) may file a petition with the
Secretary of Homeland Security for classification of
the alien under section 201(b)(2)(A)(i) of the
Immigration and Nationality Act (8 U.S.C.
1151(b)(2)(A)(i)). For purposes of such Act, such a
petition shall be considered a petition filed under
section 204(a)(1)(A) of such Act (8 U.S.C.
1154(a)(1)(A)).
(2) Self-petitions.--Any spouse or child of an alien
described in paragraph (3) who is not a beneficiary of a
petition for classification as a family-sponsored immigrant may
file a petition for such classification under section
201(b)(2)(A)(i) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(2)(A)(i)) with the Secretary of Homeland
Security, but only if the spouse or child files a petition
within 2 years after such date. Such spouse or child shall be
eligible for deferred action, advance parole, and work
authorization.
(3) Alien described.--An alien is described in this
paragraph if the alien--
(A) served honorably for any period of time in the
Army, Navy, Air Force, Marine Corps (including reserve
components), or in the Coast Guard or Coast Guard
Reserve, in a combat zone designated in connection with
Operation Iraqi Freedom;
(B) died as a result of injury or disease incurred
in or aggravated by that service; and
(C) was granted posthumous citizenship under
section 329A of the Immigration and Nationality Act (8
U.S.C. 1440-1).
(d) Parents of Lawful Permanent Resident Aliens.--
(1) Self-petitions.--Any parent of an alien described in
paragraph (2) may file a petition for classification under
section 201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)), but only if the parent files a
petition within 2 years after such date. For purposes of such
Act, such petition shall be considered a petition filed under
section 204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)). Such
parent shall be eligible for deferred action, advance parole,
and work authorization.
(2) Alien described.--An alien is described in this
paragraph if the alien--
(A) served honorably for any period of time in the
Army, Navy, Air Force, Marine Corps (including reserve
components), or in the Coast Guard or Coast Guard
Reserve, in a combat zone designated in connection with
Operation Iraqi Freedom;
(B) died as a result of injury or disease incurred
in or aggravated by that service; and
(C) was granted posthumous citizenship under
section 329A of the Immigration and Nationality Act (8
U.S.C. 1440-1).
(e) Adjustment of Status.--Notwithstanding subsections (a) and (c)
of section 245 of the Immigration and Nationality Act (8 U.S.C. 1255),
an alien physically present in the United States who is the beneficiary
of a petition under paragraph (1), (2)(B), or (3)(B) of subsection (a),
paragraph (1)(B) or (2) of subsection (c), or subsection (d)(1) of this
section, may apply to the Secretary of Homeland Security for adjustment
of status to that of an alien lawfully admitted for permanent
residence.
(f) Waiver of Certain Grounds of Inadmissibility.--In determining
the admissibility of any alien accorded an immigration benefit under
this section, the grounds for inadmissibility specified in paragraphs
(4), (6), (7), and (9) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)) shall not apply.
(g) Inapplicability of Prohibition on Benefits to Survivors.--
Section 329A(e) of the Immigration and Nationality Act (8 U.S.C. 1440-
1) shall not apply to the benefits granted under this Act to relatives
of a person granted posthumous citizenship by reason of service in the
Army, Navy, Air Force, Marine Corps (including reserve components), or
in the Coast Guard or Coast Guard Reserve, in a combat zone designated
in connection with Operation Iraqi Freedom.
(h) Naturalization of Survivors.--Any person who is the surviving
spouse, child, or parent of a United States citizen, whose citizen
spouse, parent, or child dies during a period of honorable service in
the Army, Navy, Air Force, Marine Corps (including reserve components),
or in the Coast Guard or Coast Guard Reserve, in a combat zone
designated in connection with Operation Iraqi Freedom, and who, in the
case of a surviving spouse, was living in marital union with the
citizen spouse at the time of death, may be naturalized upon compliance
with all the requirements of title III of the Immigration and
Nationality Act (8 U.S.C. 1401 et seq.) except that no prior residence
or specified physical presence within the United States, or within a
State or a district of the Service in the United States shall be
required.
SEC. 4. PRIORITY FOR NATURALIZATION APPLICATIONS.
In processing applications for naturalization, the Secretary of
Homeland Security shall give priority to--
(1) applications filed under section 2 of this Act; and
(2) applications filed under title III of the Immigration
and Nationality Act (8 U.S.C. 1401 et seq.) for naturalization
of a parent, spouse, or child of a person who has served
honorably in the Army, Navy, Air Force, Marine Corps (including
reserve components), or in the Coast Guard or Coast Guard
Reserve, in a combat zone designated in connection with
Operation Iraqi Freedom. | Riayan Tejeda Memorial Act of 2003 - Authorizes naturalization without regard to specified Immigration and Nationality Act requirements for an alien or noncitizen national of the United States who: (1) served honorably in a combat zone in connection with Operation Iraqi Freedom; and (2) if separated from such service, was not separated except under honorable conditions. Prohibits imposition of any Federal or State naturalization fee.
Provides for overseas naturalization proceedings for members of the armed forces.
Retains immediate relative status for the alien wife, child, or parent of a U.S. citizen who died from injury or disease incurred while serving honorably in such combat zone. (Requires petition filing within two years of such death.)
States that an application for status adjustment by the alien wife, child, or parent of an alien member of the armed forces who was granted service-related posthumous citizenship based upon service in such zone may be adjudicated as if the death had not occurred. (Requires application filing prior to such death.)
Treats the spouse, child, or parent of a lawful permanent resident who was granted service-related posthumous citizenship based upon service in such zone as a valid petitioner for immediate relative status. (Requires self-petitions within two years of such death.)
Permits such aliens to apply for permanent resident status adjustment.
Waives specified grounds of inadmissibility.
Gives priority to naturalization applications as set forth in this Act. | To provide for naturalization through service in a combat zone designated in connection with Operation Iraqi Freedom, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cabin Fee Act of 2014''.
SEC. 2. CABIN USER FEES.
(a) In General.--The Secretary of Agriculture (referred to in this
Act as the ``Secretary'') shall establish a fee in accordance with this
section for the issuance of a special use permit for the use and
occupancy of National Forest System land for recreational residence
purposes.
(b) Interim Fee.--During the period beginning on January 1, 2014,
and ending on the last day of the calendar year during which the
current appraisal cycle is completed under subsection (c), the
Secretary shall assess an interim annual fee for recreational
residences on National Forest System land that is an amount equal to
the lesser of--
(1) the fee determined under the Cabin User Fees Fairness
Act (16 U.S.C. 6901 et seq.), subject to the requirement that
any increase over the fee assessed during the previous year
shall be limited to not more than 25 percent; or
(2) $5,600.
(c) Completion of Current Appraisal Cycle.--Not later than 1 year
after the date of the enactment of this Act, the Secretary shall
complete the current appraisal cycle, including receipt of timely
second appraisals, for recreational residences on National Forest
System land in accordance with the Cabin User Fees Fairness Act of 2000
(16 U.S.C. 6201 et seq.) (referred to in this Act as the ``current
appraisal cycle'').
(d) Lot Value.--
(1) In general.--Only appraisals conducted and approved by
the Secretary in accordance with the Cabin User Fee Fairness
Act (16 U.S.C. 6901 et seq.) during the current appraisal cycle
shall be used to establish the base value assigned to the lot,
subject to the adjustment in subsection (e). If a second
appraisal--
(A) was approved by the Secretary, the value
established by the second appraisal shall be the base
value assigned to the lot; or
(B) was not approved by the Secretary, the value
established by the initial appraisal shall be the base
value assigned to the lot.
(e) Adjustment.--On the date of completion of the current appraisal
cycle, and before assessing a fee under subsection (f), the Secretary
shall make a 1-time adjustment to the value of each appraised lot on
which a recreational residence is located to reflect any change in
value occurring after the date of the most recent appraisal for the
lot, in accordance with the 4th quarter of 2012 National Association of
Homebuilders/Wells Fargo Housing Opportunity Index.
(f) Annual Fee.--
(1) Base.--After the date on which appraised lot values
have been adjusted in accordance with subsection (e), the
annual fee assessed prospectively by the Secretary for
recreational residences on National Forest System land shall be
in accordance with the following tiered fee structure:
------------------------------------------------------------------------
Approximate Percent of Fee
Fee Tier Permits Nationally Amount
------------------------------------------------------------------------
Tier 1............................ 6 percent................ $600
Tier 2............................ 16 percent............... $1,100
Tier 3............................ 26 percent.............. $1,600
Tier 4............................ 22 percent.............. $2,100
Tier 5............................ 10 percent.............. $2,600
Tier 6............................ 5 percent................ $3,100
Tier 7............................ 5 percent............... $3,600
Tier 8............................ 3 percent............... $4,100
Tier 9............................ 3 percent............... $4,600
Tier 10........................... 3 percent............... $5,100
Tier 11........................... 1 percent................ $5,600.
------------------------------------------------------------------------
(2) Inflation adjustment.--The Secretary shall increase or
decrease the annual fees set forth in the table under paragraph
(1) to reflect changes in the Implicit Price Deflator for the
Gross Domestic Product published by the Bureau of Economic
Analysis of the Department of Commerce, applied on a 5-year
rolling average.
(3) Access and occupancy adjustment.--
(A) In general.--The Secretary shall by regulation
establish criteria pursuant to which the annual fee
determined in accordance with this section may be
suspended or reduced temporarily if access to, or the
occupancy of, the recreational residence is
significantly restricted.
(B) Appeal.--The Secretary shall by regulation
grant the cabin owner the right of an administrative
appeal of the determination made in accordance with
section 2(e)(3)(A) whether to suspend or reduce
temporarily the annual fee.
(g) Periodic Review.--
(1) In general.--Beginning on the date that is 10 years
after the date of the enactment of this Act, the Secretary
shall submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of the
House of Representatives a report that--
(A) analyzes the annual fees set forth in the table
under subsection (e) to ensure that the fees reflect
fair value for the use of the land for recreational
residence purposes, taking into account all use
limitations and restrictions (including any limitations
and restrictions imposed by the Secretary); and
(B) includes any recommendations of the Secretary
with respect to modifying the fee system.
(2) Limitation.--The use of appraisals shall not be
required for any modifications to the fee system based on the
recommendations under paragraph (1)(B).
SEC. 3. CABIN TRANSFER FEES.
(a) In General.--The Secretary shall establish a fee in the amount
of $1,200 for the issuance of a new recreational residence permit due
to a change of ownership of the recreational residence.
(b) Adjustments.--The Secretary shall annually increase or decrease
the transfer fee established under subsection (a) to reflect changes in
the Implicit Price Deflator for the Gross Domestic Product published by
the Bureau of Economic Analysis of the Department of Commerce, applied
on a 5-year rolling average.
SEC. 4. EFFECT.
(a) In General.--Nothing in this Act limits or restricts any right,
title, or interest of the United States in or to any land or resource
in the National Forest System.
(b) Alaska.--The Secretary shall not establish or impose a fee or
condition under this Act for permits in the State of Alaska that is
inconsistent with section 1303(d) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3193(d)).
SEC. 5. RETENTION OF FEES.
(a) In General.--Beginning 10 years after the date of the enactment
of this Act, the Secretary may retain, and expend, for the purposes
described in subsection (b), any fees collected under this Act without
further appropriation.
(b) Use.--Amounts made available under subsection (a) shall be used
to administer the recreational residence program and other recreation
programs carried out on National Forest System land.
SEC. 6. REPEAL OF CABIN USER FEES FAIRNESS ACT OF 2000.
Effective on the date of the assessment of annual permit fees in
accordance with section 2(e) (as certified to Congress by the
Secretary), the Cabin User Fees Fairness Act of 2000 (16 U.S.C. 6201 et
seq.) is repealed. | Cabin Fee Act of 2014 - Directs the Secretary of Agriculture (USDA) to set an annual fee for the issuance of a special use permit for the use and occupancy of National Forest System land for recreational residence purposes. Requires the Secretary to: (1) complete the current appraisal cycle, including receipt of timely second appraisals, for such residences within one year after enactment of this Act, and (2) assess an interim annual fee for them according to a specified formula. Specifies the annual fee for each of 11 fee tiers based on the value of the lot of which the recreational residence is located, adjusted annually for inflation. Requires the Secretary to report after ten years on these annual fees in order to ensure that they reflect fair value for the use of System land, and on any recommendations to modify the fee system. Directs the Secretary to establish a transfer fee of $1,200 for the issuance of a new recreational residence permit due to a change in ownership of the recreational residence. Permits the Secretary, beginning ten years after enactment of this Act, to: (1) retain and expend any fees collected under this Act, without further appropriation, and (2) use them to administer the recreational residence program and other recreation programs carried out on System land. Repeals the Cabin User Fees Fairness Act of 2000, effective on the date the annual permit fees are first assessed under this Act. | Cabin Fee Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Consent Decree Fairness
Act''.
SEC. 2. FINDINGS.
Congress finds that:
(1) Consent decrees are for remedying violations of rights,
and they should not be used to advance any policy extraneous to
the protection of those rights.
(2) Consent decrees are also for protecting the party who
faces injury and should not be expanded to apply to parties not
involved in the litigation.
(3) In structuring consent decrees, courts should take into
account the interests of State and local governments in
managing their own affairs.
(4) Consent decrees should be structured to give due
deference to the policy judgments of State and local officials
as to how to obey the law.
(5) Whenever possible, courts should not impose consent
decrees that require technically complex and evolving policy
choices, especially in the absence of judicially discoverable
and manageable standards.
(6) Consent decrees should not be unlimited, but should
contain an explicit and realistic strategy for ending court
supervision.
SEC. 3. LIMITATION ON CONSENT DECREES.
(a) In General.--Chapter 111 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 1660. Consent decrees
``(a) Definitions.--In this section:
``(1) The term `consent decree'--
``(A) means any final order imposing injunctive
relief against a State or local government or a State
or local official sued in their official capacity
entered by a court of the United States that is based
in whole or part upon the consent or acquiescence of
the parties;
``(B) does not include private settlements; and
``(C) does not include any final order entered by a
court of the United States to implement a plan to end
segregation of students or faculty on the basis of
race, color, or national origin in elementary schools,
secondary schools, or institutions of higher education.
``(2) The term `special master' means any person,
regardless of title or description given by the court, who is
appointed by a court of the United States under rule 53 of the
Federal Rules of Civil Procedure, rule 48 of the Federal Rules
of Appellate Procedure, or similar Federal law.
``(b) Limitation on Duration.--
``(1) In general.--A State or local government or a State
or local official, or their successor, sued in their official
capacity may file a motion under this section with the court
that entered a consent decree to modify or vacate the consent
decree upon the earlier of--
``(A) 4 years after a consent decree is originally
entered by a court of the United States, regardless if
the consent decree has been modified or reentered
during that period; or
``(B) in the case of a civil action in which--
``(i) a State is a party (including an
action in which a local government is also a
party), the expiration of the term of office of
the highest elected State official who
authorized the consent of the State in the
consent decree; or
``(ii) a local government is a party and
the State encompassing the local government is
not a party, the expiration of the term of
office of the highest elected local government
official who authorized the consent of the
local government to the consent decree.
``(2) Burden of proof.--With respect to any motion filed
under paragraph (1), the burden of proof shall be on the party
who originally filed the civil action to demonstrate that the
continued enforcement of a consent decree is necessary to
uphold a Federal right.
``(3) Ruling on motion.--Not later than 90 days after the
filing of a motion under this subsection, the court shall rule
on the motion.
``(4) Effect pending ruling.--If the court has not ruled on
the motion to modify or vacate the consent decree during the
90-day period described under paragraph (3), the consent decree
shall have no force or effect for the period beginning on the
date following that 90-day period through the date on which the
court enters a ruling on the motion.
``(c) Special Masters.--
``(1) Compensation.--The compensation to be allowed to a
special master overseeing any consent decree under this section
shall be based on an hourly rate not greater than the hourly
rate established under section 3006A of title 18, for payment
of court-appointed counsel, plus costs reasonably incurred by
the special master.
``(2) Termination.--In no event shall the appointment of a
special master extend beyond the termination of the relief
granted in the consent decree.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 111 of title 28, United States Code, is amended by adding at
the end the following:
``Sec. 1660. Consent decrees.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
enactment of this Act and apply to all consent decrees regardless of--
(1) the date on which the final order of a consent decree
is entered; or
(2) whether any relief has been obtained under a consent
decree before the date of enactment of this Act. | Federal Consent Decree Fairness Act - Authorizes State or local governments and related officials sued in their official capacity to file a motion to modify or vacate a consent decree upon the earlier of: (1) four years after the consent decree is originally entered; or (2) in the case of a civil action in which a State is a party or in which a local government is a party and the surrounding State is not a party, the expiration of the term of office of the highest elected State or local government official authorizing the consent decree.
Places the burden of proof with respect to such motions on the party originally filing the action to demonstrate that continued enforcement is necessary to uphold a Federal right.
Nullifies consent decrees pending a ruling on a motion to modify or vacate if the court fails to rule on such motion within 90 days of filing.
Addresses compensation and termination of special masters overseeing consent decrees.
Makes this Act applicable to all consent decrees regardless of: (1) the date on which the final order of a consent decree is entered; or (2) whether any relief has been obtained before enactment. | A bill to amend chapter 111 of title 28, United States Code, to limit the duration of Federal consent decrees to which State and local governments are a party, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Product Safety Notification and
Recall Effectiveness Act of 2003''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Consumer Product Safety Commission conducts
approximately 300 recalls of hazardous, dangerous, and
defective consumer products each year.
(2) In developing comprehensive corrective action plans
with recalling companies, the Consumer Product Safety
Commission staff greatly relies upon the media and retailers to
alert consumers to the dangers of unsafe consumer products,
because the manufacturers do not generally possess contact
information regarding the purchasing consumers. Based upon
information received from companies maintaining customer
registration lists, such contact information is known for
generally less than 7 percent of the total consumer products
produced and distributed.
(3) The Consumer Product Safety Commission staff has found
that most consumers do not return purchaser identification
cards because of requests for marketing and personal
information on the cards, and the likelihood of receiving
unsolicited marketing materials.
(4) The Consumer Product Safety Commission staff has
conducted research demonstrating that direct consumer contact
is one of the most effective ways of motivating consumer
response to a consumer product recall.
(5) Companies that maintain consumer product purchase data,
such as product registration cards, warranty cards, and rebate
cards, are able to effectively notify consumers of a consumer
product recall.
(6) The Consumer Product Safety Commission staff has found
that a consumer product safety owner card, without marketing
questions or requests for personal information, that
accompanied products such as small household appliances and
juvenile products would increase consumer participation and
information necessary for direct notification in consumer
product recalls.
(7) The National Highway Traffic Safety Administration has,
since March 1993, required similar simplified, marketing-free
product registration cards on child safety seats used in motor
vehicles. The National Highway Traffic Safety Administration
has found this requirement has increased recall compliance
rates.
(b) Purpose.--The purpose of this Act is to reduce the number of
deaths and injuries from defective and hazardous consumer products
through improved recall effectiveness, by--
(1) requiring the Consumer Product Safety Commission to
promulgate a rule to require manufacturers of juvenile
products, small household appliances, and certain other
consumer products, to include a simplified product safety owner
card with those consumer products at the time of original
purchase by consumers, or develop effective electronic
registration of the first purchasers of such products, to
develop a customer database for the purpose of notifying
consumers about recalls of those products; and
(2) encouraging manufacturers, private labelers, retailers,
and others to use creativity and innovation to create and
maintain effective methods of notifying consumers in the event
of a consumer product recall.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Terms defined in consumer product safety act.--The
definitions set forth in section 3 of the Consumer Product
Safety Act (15 U.S.C. 2052) shall apply to this Act.
(2) Covered consumer product.--The term ``covered consumer
product'' means--
(A) a juvenile product;
(B) a small household appliance; and
(C) such other consumer product as the Commission
considers appropriate for achieving the purpose of this
Act.
(3) Juvenile product.--The term ``juvenile product''--
(A) means a consumer product intended for use, or
that may be reasonably expected to be used, by children
under the age of 5 years; and
(B) includes, among other items--
(i) full-size cribs and nonfull-size cribs;
(ii) toddler beds;
(iii) high chairs, booster chairs, and
hook-on chairs;
(iv) bath seats;
(v) gates and other enclosures for
confining a child;
(vi) playpens;
(vii) stationary activity centers;
(viii) strollers;
(ix) walkers;
(x) swings;
(xi) child carriers;
(xii) bassinets and cradles; and
(xiii) children's toys.
(4) Product safety owner card.--The term ``product safety
owner card'' means a standardized product identification card
supplied with a consumer product by the manufacturer of the
product, at the time of original purchase by the first
purchaser of such product for purposes other than resale, that
only requests that the consumer of such product provide to the
manufacturer a minimal level of personal information needed to
enable the manufacturer to contact the consumer in the event of
a recall of the product.
(5) Small household appliance.--The term ``small household
appliance'' means a consumer product that is a toaster, toaster
oven, blender, food processor, coffee maker, or other similar
small appliance as provided for in the rule promulgated by the
Consumer Product Safety Commission.
SEC. 4. RULE REQUIRING SYSTEM TO PROVIDE NOTICE OF RECALLS OF CERTAIN
CONSUMER PRODUCTS.
(a) In General.--The Commission shall promulgate a rule under
section 16(b) of the Consumer Product Safety Act (15 U.S.C. 2065(b))
that requires that the manufacturer of a covered consumer product shall
establish and maintain a system for providing notification of recalls
of such product to consumers of such product.
(b) Requirement To Create Database.--
(1) In general.--The rule shall require that the system
include use of product safety owner cards, Internet
registration, or an alternative method, to create a database of
information regarding consumers of covered consumer products,
for the sole purpose of notifying such consumers of recalls of
such products.
(2) Use of technology.--Alternative methods specified in
the rule may include use of on-line product registration and
consumer notification, consumer information data bases,
electronic tagging and bar codes, embedded computer chips in
consumer products, or other electronic and design strategies to
notify consumers about product recalls, that the Commission
determines will increase the effectiveness of recalls of
covered consumer products.
(c) Use of Commission Staff Proposal.--In promulgating the rule,
the Commission shall consider the staff draft for an Advanced Notice of
Proposed Rulemaking entitled ``Purchaser Owner Card Program'', dated
June 19, 2001.
(d) Exclusion of Low-Price Items.--The Commission shall have the
authority to exclude certain low-cost items from the rule for good
cause.
(e) Deadlines.--
(1) In general.--The Commission--
(A) shall issue a proposed rule under this section
by not later than 90 days after the date of enactment
of this Act; and
(B) shall promulgate a final rule under this
section by not later than 270 days after the date of
enactment of this Act.
(2) Extension.--The Commission may extend the deadline
described in paragraph (1) if the Commission provides timely
notice to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate. | Product Safety Notification and Recall Effectiveness Act of 2003 - Directs the Consumer Product Safety Commission to promulgate a rule requiring: (1) manufacturers of juvenile products, small household appliances, and certain other consumer products to establish and maintain a system for providing notification to consumers of recalls of such products; and (2) that the notification system include use of product safety owner cards, Internet registration, or an alternative method, to create a database of information regarding consumers of covered consumer products, for the sole purpose of product recall notification. | A bill to direct the Consumer Product Safety Commission to promulgate a rule that requires manufacturers of certain consumer products to establish and maintain a system for providing notification of recalls of such products to consumers who first purchase such a product. |
SECTION 1. 15-YEAR RECOVERY PERIOD FOR DEPRECIATION OF DESIGNATED LOW-
INCOME BUILDINGS.
(a) In General.--Subparagraph (E) of section 168(e)(3) of the
Internal Revenue Code of 1986 (relating to 15-year property) 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 the following new clause:
``(iv) any designated low-income
building.''
(b) Designated Low-Income Building.--Subsection (e) of section 168
of such Code (relating to classification of property) is amended by
adding at the end the following new paragraph:
``(6) Designated low-income building.--
``(A) In general.--The term `designated low-income
building' means any building which is a qualified low-
income building (as defined in section 42(c)(2)) if--
``(i) no housing credit dollar amount has
been allocated to such building under section
42(h), and
``(ii) the taxpayer has made the election
described in subparagraph (B) with respect to
such building.
``(B) Election.--An election is described in this
subparagraph if made by the taxpayer at such time and
in such manner as the Secretary may prescribe. Any
election under the preceding sentence, once made, shall
be irrevocable.
``(C) Coordination with low-income housing
credit.--No credit shall be allowed under section 42
with respect to any designated low-income building.
``(D) Recapture of accelerated depreciation.--A
designated low-income building which ceases to be a
qualified low-income building (as defined in section
42(c)(2)) at any time during the recapture period
shall, under regulations prescribed by the Secretary,
be treated as though paragraph (3)(E)(iv) were never
enacted. The statutory period for the assessment of any
deficiency attributable to this subparagraph shall not
expire before the expiration of the 1-year period
beginning on the date the Secretary is notified by the
taxpayer (in such manner as the Secretary may
prescribe) of the change in status of such building.
For purposes of this subparagraph, the term `recapture
period' has the meaning given the term `compliance
period' under section 42(i)(1) except `20 taxable
years' shall be substituted for `15 taxable years'.''.
(c) Alternative Depreciation System.--The table contained in
section 168(g)(3)(B) of such Code is amended by inserting after the
item relating to subparagraph (E)(iii) the following:
``(E)(iv)...................................................... 20''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.
SEC. 2. QUALIFIED LOW-INCOME BUILDINGS NOT SUBJECT TO LIMITATION ON
PASSIVE ACTIVITY LOSSES AND CREDITS.
(a) In General.--Section 469 of the Internal Revenue Code of 1986
(relating to passive activity losses and credits limited) is amended by
redesignating subsections (l) and (m) as subsections (m) and (n),
respectively, and by inserting after subsection (k) the following new
subsection:
``(l) Special Rule for Qualified Low-Income Buildings.--Subsection
(a) shall not apply to that portion of the passive activity loss and
passive activity credit for any taxable year which is attributable to
any qualified low-income building (as defined in section 42(c)(2)).''.
(b) Conforming Amendments.--
(1) Paragraph (3) of section 469(i) of such Code is amended
by striking subparagraph (D) and by redesignating subparagraphs
(E) and (F) as subparagraphs (D) and (E), respectively.
(2) Subparagraph (D) of section 469(i) of such Code (as so
redesignated) is amended to read as follows:
``(D) Ordering rules to reflect exceptions and
separate phase-outs.--If subparagraph (B) or (C)
applies for a taxable year, paragraph (1) shall be
applied--
``(i) first to the portion of the passive
activity loss to which subparagraph (C) does
not apply,
``(ii) second to the portion of such loss
to which subparagraph (C) applies,
``(iii) third to the portion of the passive
activity credit to which subparagraph (B) does
not apply, and
``(iv) fourth to the portion of such credit
to which subparagraph (B) applies.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act. | Amends the Internal Revenue Code to: (1) allow a 15-year recovery period for depreciation of certain low-income buildings eligible for the tax credit for low-income housing; and (2) exempt such buildings from provisions disallowing certain passive investment activity tax losses and credits. | To amend the Internal Revenue Code of 1986 to establish a 15-year recovery period for depreciation of designated low-income buildings and to allow passive losses and credits attributable to qualified low-income buildings. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advancement in Pediatric Autism
Research Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Infantile autism and autism spectrum disorders are
biologically-based neurodevelopmental diseases that cause
severe impairments in language and communication and generally
manifest in young children sometime during the first two years
of life.
(2) Best estimates indicate that 1 in 500 children born
today will be diagnosed with an autism spectrum disorder and
that 400,000 Americans have autism or an autism spectrum
disorder.
(3) There is little information on the prevalence of autism
and other pervasive developmental disabilities in the United
States. There have never been any national prevalence studies
in the United States, and the two studies that were conducted
in the 1980s examined only selected areas of the country.
Recent studies in Canada, Europe, and Japan suggest that the
prevalence of classic autism alone may be 300 percent to 400
percent higher than previously estimated.
(4) Three quarters of those with infantile autism spend
their adult lives in institutions or group homes, and usually
enter institutions by the age of 13.
(5) The cost of caring for individuals with autism and
autism spectrum disorder is great, and is estimated to be $13.3
billion per year solely for direct costs.
(6) The rapid advancements in biomedical science suggest
that effective treatments and a cure for autism are attainable
if--
(A) there is appropriate coordination of the
efforts of the various agencies of the Federal
Government involved in biomedical research on autism
and autism spectrum disorders;
(B) there is an increased understanding of autism
and autism spectrum disorders by the scientific and
medical communities involved in autism research and
treatment; and
(C) sufficient funds are allocated to research.
(7) The discovery of effective treatments and a cure for
autism will be greatly enhanced when scientists and
epidemiologists have an accurate understanding of the
prevalence and incidence of autism.
(8) Recent research suggests that environmental factors may
contribute to autism. As a result, contributing causes of
autism, if identified, may be preventable.
(9) Finding the answers to the causes of autism and related
developmental disabilities may help researchers to understand
other disorders, ranging from learning problems, to
hyperactivity, to communications deficits that affect millions
of Americans.
(10) Specifically, more knowledge is needed concerning--
(A) the underlying causes of autism and autism
spectrum disorders, how to treat the underlying
abnormality or abnormalities causing the severe
symptoms of autism, and how to prevent these
abnormalities from occurring in the future;
(B) the epidemiology of, and the identification of
risk factors for, infantile autism and autism spectrum
disorders;
(C) the development of methods for early medical
diagnosis and functional assessment of individuals with
autism and autism spectrum disorders, including
identification and assessment of the subtypes within
the autism spectrum disorders, for the purpose of
monitoring the course of the disease and developing
medically sound strategies for improving the outcomes
of such individuals;
(D) existing biomedical and diagnostic data that
are relevant to autism and autism spectrum disorders
for dissemination to medical personnel, particularly
pediatricians, to aid in the early diagnosis and treatment of this
disease; and
(E) the costs incurred in educating and caring for
individuals with autism and autism spectrum disorders.
(11) In 1998, the National Institutes of Health announced a
program of research on autism and autism spectrum disorders. A
sufficient level of funding should be made available for
carrying out the program.
SEC. 3. EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES OF
NATIONAL INSTITUTES OF HEALTH WITH RESPECT TO RESEARCH ON
AUTISM.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding at the end the following section:
``autism
``Sec. 409C. (a) In General.--
``(1) Expansion of activities.--The Director of NIH (in
this section referred to as the `Director') shall expand,
intensify, and coordinate the activities of the National
Institutes of Health with respect to research on autism.
``(2) Administration of program; collaboration among
agencies.--The Director shall carry out this section acting
through the Director of the National Institute of Mental Health
and in collaboration with any other agencies that the Director
determines appropriate.
``(b) Centers of Excellence.--
``(1) In general.--The Director shall under subsection
(a)(1) make awards of grants and contracts to public or
nonprofit private entities to pay all or part of the cost of
planning, establishing, improving, and providing basic
operating support for centers of excellence regarding research
on autism.
``(2) Research.--Each center under paragraph (1) shall
conduct basic and clinical research into the cause, diagnosis,
early detection, prevention, control, and treatment of autism,
including research in the fields of developmental neurobiology,
genetics, and psychopharmacology.
``(3) Services for patients.--A center under paragraph (1)
may expend amounts provided under such paragraph to carry out a
program to make individuals aware of opportunities to
participate as subjects in research conducted by the centers.
The program may provide fees to such subjects. The program may,
in accordance with such criteria as the Director may establish,
provide to such subjects health care, referrals for health and
other services, and such incidental services as will facilitate
the participation of individuals as such subjects.
``(4) Coordination of centers; reports.--The Director
shall, as appropriate, provide for the coordination of
information among centers under paragraph (1) and ensure
regular communication between such centers, and may require the
periodic preparation of reports on the activities of the
centers and the submission of the reports to the Director.
``(5) Organization of centers.--Each center under paragraph
(1) shall use the facilities of a single institution, or be
formed from a consortium of cooperating institutions, meeting
such requirements as may be prescribed by the Director.
``(6) Number of centers; duration of support.--The Director
shall, subject to the extent of amounts made available in
appropriations Acts, provide for the establishment of not less
than five centers under paragraph (1). Support of such a center
may be for a period not exceeding 5 years. Such period may be
extended for one or more additional periods not exceeding 5
years if the operations of such center have been reviewed by an
appropriate technical and scientific peer review group
established by the Director and if such group has recommended
to the Director that such period should be extended.
``(c) Facilitation of Research.--The Director shall under
subsection (a)(1) provide for a program under which samples of tissues
and genetic materials that are of use in research on autism are
donated, collected, preserved, and made available for such research.
The program shall be carried out in accordance with accepted scientific
and medical standards for the donation, collection, and preservation of
such samples.
``(d) Public Input.--The Director shall under subsection (a)(1)
provide for means through which the public can obtain information on
the existing and planned programs and activities of the National
Institutes of Health with respect to autism and through which the
Director can receive comments from the public regarding such programs
and activities.
``(e) Funding.--For the purpose of carrying out this section, there
are authorized to be appropriated $33,000,000 for fiscal year 2000, and
such sums as may be necessary for each of the fiscal years 2001 through
2004. Such authorizations of appropriations are in addition to any
other authorization of appropriations that is available for such
purpose.''.
SEC. 4. DEVELOPMENTAL DISABILITIES SURVEILLANCE AND RESEARCH PROGRAMS.
(a) National Autism and Pervasive Developmental Disabilities
Surveillance Program.--The Secretary of Health and Human Services (in
this Act referred to as the ``Secretary''), acting through the Director
of the Centers for Disease Control and Prevention, may make awards of
grants and cooperative agreements for the collection, analysis, and
reporting of data on autism and pervasive developmental disabilities.
An entity may receive such an award only if the entity is a public or
nonprofit private entity (including health departments of States and
political subdivisions of States, and including universities and other
educational entities). In making such awards, the Secretary may provide
direct technical assistance in lieu of cash.
(b) Centers of Excellence in Autism and Pervasive Developmental
Disabilities Epidemiology.--
(1) In general.--The Secretary, acting through the Director
of the Centers for Disease Control and Prevention, shall
(subject to the extent of amounts made available in
appropriations Acts) establish not less than 3, and not more
than 5, regional centers of excellence in autism and pervasive
developmental disabilities epidemiology for the purpose of collecting
and analyzing information on the number, incidence, correlates, and
causes of autism and related developmental disabilities.
(2) Recipients of awards for establishment of centers.--
Centers under paragraph (1) shall be established and operated
through the awarding of grants or cooperative agreements to
public or nonprofit private entities that conduct research,
including health departments of States and political
subdivisions of States, and including universities and other
educational entities.
(3) Certain requirements.--An award for a center under
paragraph (1) may be made only if the entity involved submits
to the Secretary an application containing such agreements and
information as the Secretary may require, including an
agreement that the center involved will operate in accordance
with the following:
(A) The center will collect, analyze, and report
autism and pervasive developmental disabilities data
according to guidelines prescribed by the Director,
after consultation with relevant State and local public
health officials, private sector developmental
disability researchers, and advocates for those with
developmental disabilities.
(B) The center will assist with the development and
coordination of State autism and pervasive
developmental disabilities surveillance efforts within
a region.
(C) The center will provide education, training,
and clinical skills improvement for health
professionals aimed at better understanding and
treatment of autism and related developmental
disabilities.
(D) The center will identify eligible cases and
controls through its surveillance systems and conduct
research into factors which may cause autism and
related developmental disabilities. Each program will
develop or extend an area of special research expertise
(including genetics, environmental exposure to
contaminants, immunology, and other relevant research
specialty areas).
(c) Clearinghouse.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall carry out the
following:
(1) The Secretary shall establish a clearinghouse within
the Centers for Disease Control and Prevention for the
collection and storage of data generated from the monitoring
programs created by this Act. Through the clearinghouse, such
Centers shall serve as the coordinating agency for autism and
pervasive developmental disabilities surveillance activities.
The functions of such a clearinghouse shall include
facilitating the coordination of research and policy
development relating to the epidemiology of autism and other
pervasive developmental disabilities.
(2) The Secretary, acting through the Centers for Disease
Control and Prevention, shall coordinate the Federal response
to requests for assistance from State health department
officials regarding potential or alleged autism or
developmental disability clusters.
(d) Definition.--In this Act, the term ``State'' means each of the
several States, the District of Columbia, the Commonwealth of Puerto
Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana
Islands, the Virgin Islands, and the Trust Territory of the Pacific
Islands.
(e) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $7,500,000 for each of the
fiscal years 2000 through 2004.
SEC. 5. INFORMATION AND EDUCATION.
(a) In General.--The Secretary shall establish and implement a
program to provide information and education on autism to health
professionals and the general public, including information and
education on advances in the diagnosis and treatment of autism and
training and continuing education through programs for scientists,
physicians, and other health professionals who provide care for
patients with autism.
(b) Stipends.--The Secretary may use amounts made available under
this section to provide stipends for health professionals who are
enrolled in training programs under this section.
(c) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $6,000,000 for each of the
fiscal years 2000 through 2004.
SEC. 6. INTER-AGENCY AUTISM COORDINATING COMMITTEE.
(a) Establishment.--The Secretary shall establish a committee to be
known as the ``Autism Coordinating Committee'' (in this section
referred to as the ``Committee'') to coordinate all efforts within the
Department of Health and Human Services concerning autism, including
activities carried out through the National Institutes of Health and
the Centers for Disease Control and Prevention under this Act (and the
amendment made by this Act).
(b) Membership.--
(1) In general.--The Committee shall be composed of the
Directors of such national research institutes, of the Centers
for Disease Control and Prevention, and of such other agencies
and such other officials as the Secretary determines
appropriate.
(2) Additional members.--If determined appropriate by the
Secretary, the Secretary may appoint to the Committee--
(A) parents or legal guardians of individuals with
autism or other pervasive developmental disorders; and
(B) representatives of other governmental agencies
that serve children with autism such as the Department
of Education.
(c) Administrative Support; Terms of Service; Other Provisions.--
The following shall apply with respect to the Committee:
(1) The Committee shall receive necessary and appropriate
administrative support from the Department of Health and Human
Services.
(2) Members of the Committee appointed under subsection
(b)(2)(A) shall serve for a term of 3 years, and may serve for
an unlimited number of terms if reappointed.
(3) The Committee shall meet not less than 2 times per
year.
(4) Members of the Committee shall not receive additional
compensation for their service. Such members may receive
reimbursement for appropriate and additional expenses that are
incurred through service on the Committee which would not have
incurred had they not been a member of the Committee.
SEC. 7. REPORT TO CONGRESS.
Not later than January 1, 2000, and each January 1 thereafter, the
Secretary shall prepare and submit to the appropriate committees of
Congress, a report concerning the implementation of this Act and the
amendments made by this Act. | Advancement in Pediatric Autism Research Act - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate the activities of NIH with respect to autism. Requires the Director, among other things, to make awards of grants and contracts to public or nonprofit entities for centers of excellence regarding research on autism. Authorizes appropriations.
Directs the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention, to: (1) make awards of grants and cooperative agreements for the collection, analysis, and reporting of data on autism and pervasive developmental disabilities to public or nonprofit private entities; (2) establish up to five regional centers of excellence in autism and pervasive developmental disabilities epidemiology, through grants or cooperative agreements, for purposes of collecting and analyzing information on autism and developmental disabilities; (3) establish a clearinghouse within the Center for the collection and storage of data generated from the monitoring programs created by this Act; and (4) coordinate the Federal response to requests for assistance from State health department officials regarding potential or alleged autism or developmental disability clusters.
Authorizes appropriations.
Requires the Secretary to establish a program to provide information and education on autism to health professionals and the general public. Authorizes appropriations.
Directs the Secretary to establish an Autism Coordinating Committee to coordinate HHS efforts concerning autism. | Advancement in Pediatric Autism Research Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Center for Social Work
Research Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) social workers focus on the improvement of individual
and family functioning and the creation of effective health and
mental health prevention and treatment interventions in order
for individuals to become more productive members of society;
(2) social workers provide front line prevention and
treatment services in the areas of school violence, aging, teen
pregnancy, child abuse, domestic violence, juvenile crime, and
substance abuse, particularly in rural and underserved
communities; and
(3) social workers are in a unique position to provide
valuable research information on these complex social concerns,
taking into account a wide range of social, medical, economic
and community influences from an interdisciplinary, family-
centered and community-based approach.
SEC. 3. ESTABLISHMENT OF NATIONAL CENTER FOR SOCIAL WORK RESEARCH.
(a) In General.--Section 401(a) of the Public Health Service Act
(42 U.S.C. 281(a)) is amended by adding at the end the following:
``(26) The National Center for Social Work Research.''.
(b) Establishment.--Part E of title IV of the Public Health Service
Act (42 U.S.C. 287 et seq.) is amended by adding at the end the
following:
``Subpart 7--National Center for Social Work Research
``SEC. 485I. PURPOSE OF CENTER.
``The general purpose of the National Center for Social Work
Research (referred to in this subpart as the `Center') is the conduct
and support of, and dissemination of targeted research concerning
social work methods and outcomes related to problems of significant
social concern. The Center shall--
``(1) promote research and training that is designed to
inform social work practices, thus increasing the knowledge
base which promotes a healthier America; and
``(2) provide policymakers with empirically-based research
information to enable such policymakers to better understand
complex social issues and make informed funding decisions about
service effectiveness and cost efficiency.
``SEC. 485J. SPECIFIC AUTHORITIES.
``(a) In General.--To carry out the purpose described in section
485I, the Director of the Center may provide research training and
instruction and establish, in the Center and in other nonprofit
institutions, research traineeships and fellowships in the study and
investigation of the prevention of disease, health promotion, the
association of socioeconomic status, gender, ethnicity, age and
geographical location and health, the social work care of individuals
with, and families of individuals with, acute and chronic illnesses,
child abuse, neglect, and youth violence, and child and family care to
address problems of significant social concern especially in
underserved populations and underserved geographical areas.
``(b) Stipends and Allowances.--The Director of the Center may
provide individuals receiving training and instruction or traineeships
or fellowships under subsection (a) with such stipends and allowances
(including amounts for travel and subsistence and dependency
allowances) as the Director determines necessary.
``(c) Grants.--The Director of the Center may make grants to
nonprofit institutions to provide training and instruction and
traineeships and fellowships under subsection (a).
``SEC. 485K. ADVISORY COUNCIL.
``(a) Duties.--
``(1) In general.--The Secretary shall establish an
advisory council for the Center that shall advise, assist,
consult with, and make recommendations to the Secretary and the
Director of the Center on matters related to the activities
carried out by and through the Center and the policies with
respect to such activities.
``(2) Gifts.--The advisory council for the Center may
recommend to the Secretary the acceptance, in accordance with
section 231, of conditional gifts for study, investigations,
and research and for the acquisition of grounds or
construction, equipment, or maintenance of facilities for the
Center.
``(3) Other duties and functions.--The advisory council for
the Center--
``(A)(i) may make recommendations to the Director
of the Center with respect to research to be conducted
by the Center;
``(ii) may review applications for grants and
cooperative agreements for research or training and
recommend for approval applications for projects that
demonstrate the probability of making valuable
contributions to human knowledge; and
``(iii) may review any grant, contract, or
cooperative agreement proposed to be made or entered
into by the Center;
``(B) may collect, by correspondence or by personal
investigation, information relating to studies that are
being carried out in the United States or any other
country and, with the approval of the Director of the
Center, make such information available through
appropriate publications; and
``(C) may appoint subcommittees and convene
workshops and conferences.
``(b) Membership.--
``(1) In general.--The advisory council shall be composed
of the ex officio members described in paragraph (2) and not
more than 18 individuals to be appointed by the Secretary under
paragraph (3).
``(2) Ex officio members.--The ex officio members of the
advisory council shall include--
``(A) the Secretary of Health and Human Services,
the Director of NIH, the Director of the Center, the
Chief Social Work Officer of the Veterans'
Administration, the Assistant Secretary of Defense for
Health Affairs, the Associate Director of Prevention
Research at the National Institute of Mental Health,
the Director of the Division of Epidemiology and
Services Research, the Assistant Secretary of Health
and Human Services for the Administration for Children
and Families, the Assistant Secretary of Education for
the Office of Educational Research and Improvement, the
Assistant Secretary of Housing and Urban Development
for Community Planning and Development, and the
Assistant Attorney General for Office of Justice
Programs (or the designees of such officers); and
``(B) such additional officers or employees of the
United States as the Secretary determines necessary for
the advisory council to effectively carry out its
functions.
``(3) Appointed members.--The Secretary shall appoint not
to exceed 18 individuals to the advisory council, of which--
``(A) not more than two-thirds of such individual
shall be appointed from among the leading
representatives of the health and scientific
disciplines (including public health and the behavioral
or social sciences) relevant to the activities of the
Center, and at least 7 such individuals shall be
professional social workers who are recognized experts
in the area of clinical practice, education, or
research; and
``(B) not more than one-third of such individuals
shall be appointed from the general public and shall
include leaders in fields of public policy, law, health
policy, economics, and management.
The Secretary shall make appointments to the advisory council
in such a manner as to ensure that the terms of the members do
not all expire in the same year.
``(4) Compensation.--Members of the advisory council who
are officers or employees of the United States shall not
receive any compensation for service on the advisory council.
The remaining members shall receive, for each day (including
travel time) they are engaged in the performance of the
functions of the advisory council, compensation at rates not to
exceed the daily equivalent of the maximum rate payable for a
position at grade GS-15 of the General Schedule.
``(c) Terms.--
``(1) In general.--The term of office of an individual
appointed to the advisory council under subsection (b)(3) shall
be 4 years, except that any individual appointed to fill a
vacancy on the advisory council shall serve for the remainder
of the unexpired term. A member may serve after the expiration
of the member's term until a successor has been appointed.
``(2) Reappointments.--A member of the advisory council who
has been appointed under subsection (b)(3) for a term of 4
years may not be reappointed to the advisory council prior to
the expiration of the 2-year period beginning on the date on
which the prior term expired.
``(3) Vacancy.--If a vacancy occurs on the advisory council
among the members under subsection (b)(3), the Secretary shall
make an appointment to fill that vacancy not later than 90 days
after the date on which the vacancy occurs.
``(d) Chairperson.--The chairperson of the advisory council shall
be selected by the Secretary from among the members appointed under
subsection (b)(3), except that the Secretary may select the Director of
the Center to be the chairperson of the advisory council. The term of
office of the chairperson shall be 2 years.
``(e) Meetings.--The advisory council shall meet at the call of the
chairperson or upon the request of the Director of the Center, but not
less than 3 times each fiscal year. The location of the meetings of the
advisory council shall be subject to the approval of the Director of
the Center.
``(f) Administrative Provisions.--The Director of the Center shall
designate a member of the staff of the Center to serve as the executive
secretary of the advisory council. The Director of the Center shall
make available to the advisory council such staff, information, and
other assistance as the council may require to carry out its functions.
The Director of the Center shall provide orientation and training for
new members of the advisory council to provide such members with such
information and training as may be appropriate for their effective
participation in the functions of the advisory council.
``(g) Comments and Recommendations.--The advisory council may
prepare, for inclusion in the biennial report under section 485L--
``(1) comments with respect to the activities of the
advisory council in the fiscal years for which the report is
prepared;
``(2) comments on the progress of the Center in meeting its
objectives; and
``(3) recommendations with respect to the future direction
and program and policy emphasis of the center.
The advisory council may prepare such additional reports as it may
determine appropriate.
``SEC. 485L. BIENNIAL REPORT.
``The Director of the Center, after consultation with the advisory
council for the Center, shall prepare for inclusion in the biennial
report under section 403, a biennial report that shall consist of a
description of the activities of the Center and program policies of the
Director of the Center in the fiscal years for which the report is
prepared. The Director of the Center may prepare such additional
reports as the Director determines appropriate. The Director of the
Center shall provide the advisory council of the Center an opportunity
for the submission of the written comments described in section
485K(g).
``SEC. 485M. QUARTERLY REPORT.
``The Director of the Center shall prepare and submit to Congress a
quarterly report that contains a summary of findings and policy
implications derived from research conducted or supported through the
Center.''. | National Center for Social Work Research Act - Amends the Public Health Service Act to establish the National Center for Social Work Research as an agency of the National Institutes of Health (NIH) to conduct, support, and disseminate targeted research on social work methods and outcomes related to problems of significant social concern.
Authorizes the Director of the Center to: (1) provide research training and instruction; (2) establish research traineeships and fellowships; (3) provide stipends and allowances; and (4) make grants to nonprofit institutions to provide such training, instruction, traineeships, and fellowships.
Directs the Secretary of Health and Human Services to establish an advisory council for the Center. | A bill to amend the Public Health Service Act to provide for the establishment of a National Center for Social Work Research. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rim of the Valley Corridor
Preservation Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The Santa Monica Mountains National Recreation Area was
authorized as a unit of the National Park System on November
10, 1978.
(2) The Santa Monica Mountains and the Rim of the Valley
Corridor include a diverse range of nationally significant
natural and cultural resources.
(3) Expanding the Santa Monica Mountains National
Recreation Area would provide new opportunities for the
National Park Service to serve a broad range of urban
communities, including many that are underrepresented in
national parks and underserved by State and local parks.
SEC. 3. BOUNDARY ADJUSTMENT; LAND ACQUISITION; ADMINISTRATION.
(a) Boundary Adjustment.--Section 507(c)(1) of the National Parks
and Recreation Act of 1978 (16 U.S.C. 460kk(c)(1)) is amended by
striking ```Santa Monica Mountains National Recreation Area and Santa
Monica Mountains Zone, California, Boundary Map', numbered 80,047-C and
dated August 2001'' and inserting ```Rim of the Valley Unit_Santa
Monica Mountains National Recreation Area' and dated June 2016''.
(b) Rim of the Valley Unit.--Section 507 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 460kk) is amended by adding at the
end the following:
``(u) Rim of the Valley Unit.--(1) Not later than 3 years after the
date of the enactment of this subsection, the Secretary shall update
the general management plan for the recreation area to reflect the
boundaries designated on the map referred to in subsection (c)(1) as
the `Rim of the Valley Unit' (hereafter in the subsection referred to
as the `Rim of the Valley Unit'). Subject to valid existing rights, the
Secretary shall administer the Rim of the Valley Unit and any land or
interest in land acquired by the United States and located within the
boundaries of the Rim of the Valley Unit, as part of the recreation
area in accordance with the provisions of this section and applicable
laws and regulations.
``(2) The Secretary may acquire non-Federal land within the
boundaries of the Rim of the Valley Unit only through exchange,
donation, or purchase from a willing seller. Nothing in this subsection
authorizes the use of eminent domain to acquire land or interests in
land.
``(3) The fact that certain activities or land can be seen or heard
from within the Rim of the Valley Unit shall not, of itself, preclude
the activities or land uses up to the boundary of the Rim of the Valley
Unit.
``(4) Nothing in this subsection or the application of the
management plan for the Rim of the Valley Unit shall be construed to--
``(A) modify any provision of Federal, State, or local law
with respect to public access to or use of non-Federal land;
``(B) create any liability, or affect any liability under
any other law, of any private property owner or other owner of
non-Federal land with respect to any person injured on private
property or other non-Federal land;
``(C) allow for the creation of protective perimeters or
buffer zones outside of the Rim of the Valley Unit;
``(D) affect the ownership, management, or other rights
relating to any non-Federal land (including any interest in any
non-Federal land);
``(E) require any local government to participate in any
program administered by the Secretary;
``(F) alter, modify, or diminish any right, responsibility,
power, authority, jurisdiction, or entitlement of the State,
any political subdivision of the State, or any State or local
agency under existing Federal, State, and local law (including
regulations);
``(G) require or promote use of, or encourage trespass on,
lands, facilities, and rights-of-way owned by non-Federal
entities, including water resource facilities and public
utilities, without the written consent of the owner;
``(H) affect the operation, maintenance, modification,
construction, or expansion of any water resource facility or
utility facility located within or adjacent to the Rim of the
Valley Unit;
``(I) terminate the fee title to lands or customary
operation, maintenance, repair, and replacement activities on
or under such lands granted to public agencies that are
authorized pursuant to Federal or State statute;
``(J) interfere with, obstruct, hinder, or delay the
exercise of any right to, or access to any water resource
facility or other facility or property necessary or useful to
access any water right to operate any public water or utility
system; or
``(K) require initiation or reinitiation of consultation
with the United States Fish and Wildlife Service under, or the
application of provisions of, the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), or division A of
subtitle III of title 54, United States Code, concerning any
action or activity affecting water, water rights or water
management or water resource facilities within the Rim of the
Valley Unit.
``(5) The activities of a utility facility or water resource
facility shall be conducted in a manner to reasonably avoid or reduce
the impact on the resources of the Rim of the Valley Unit.
``(6) For the purposes of paragraphs (4) and (5)--
``(A) the term `utility facility' means electric
substations, communication facilities, towers, poles, and
lines, ground wires, communications circuits, and other
structures, and related infrastructure; and
``(B) the term `water resource facility' means irrigation
and pumping facilities; dams and reservoirs; flood control
facilities; water conservation works, including debris
protection facilities, sediment placement sites, rain gages,
and stream gauges; water quality, recycled water, and pumping
facilities; conveyance distribution systems; water treatment
facilities; aqueducts; canals; ditches; pipelines; wells;
hydropower projects; transmission facilities; and other
ancillary facilities, groundwater recharge facilities, water
conservation, water filtration plants, and other water
diversion, conservation, groundwater recharge, storage, and
carriage structures.''. | Rim of the Valley Corridor Preservation Act This bill adjusts the boundary of the Santa Monica Mountains National Recreation Area in California as depicted on a specified map to include the Rim of the Valley Unit. The Rim of the Valley Unit, and any lands or interests acquired by the United States and located within its boundaries, shall be administered as part of the Recreation Area. The Department of the Interior may acquire only through exchange, donation, or purchase from a willing seller any nonfederal land within the boundaries of the Rim of the Valley Unit. Nothing in this bill authorizes the use of eminent domain to acquire lands or interests. | Rim of the Valley Corridor Preservation Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stealth Lobbyist Disclosure Act of
2002''.
SEC. 2. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN ORGANIZATIONS.
(a) In General.--Section 527 of the Internal Revenue Code of 1986
(relating to political organizations) is amended by adding at the end
the following new subsection:
``(k) Disclosure of Certain Lobbying Activities.--
``(1) In general.--In the case of a coalition or
association that is identified as a client on any registration
filed under section 4 of the Lobbying Disclosure Act of 1995
and that is not a political organization (determined without
regard to this paragraph)--
``(A) such coalition or association shall be
treated for purposes of this title as a separate entity
which is a political organization, and
``(B) this section shall be applied to such
coalition or association with the following
modifications:
``(i) The function of conducting lobbying
activities (as defined in section 3(7) of the
Lobbying Disclosure Act of 1995) shall be
treated as its exempt function.
``(ii) The specific deduction under
subsection (c)(2)(A) shall not be allowed.
``(iii) Subparagraphs (C) and (D) of
subsection (c)(3) shall not apply.
``(iv) The disclosure requirements of
paragraph (2) shall apply in lieu of the
requirements of subsections (i) and (j).
For purposes of subparagraph (B)(i), lobbying activities shall
not include any activity described in subparagraph (C), (D), or
(E) of section 4911(d)(2).
``(2) Disclosure requirements.--
``(A) Establishment.--A coalition or association
which is treated under paragraph (1) as a political
organization shall notify the Secretary, electronically
and in writing, of its existence. Such notice shall be
transmitted not later than 72 hours after a lobbyist
first makes a lobbying contact (or, if earlier, is
employed or retained to make a lobbying contact) on
behalf of such coalition or association. For purposes
of the preceding sentence, the terms `lobbyist' and
`lobbying contact' have the respective meanings given
to such terms by section 3 of the Lobbying Disclosure
Act of 1995.
``(B) Change in membership.--A coalition or
association which is required to provide a notice to
the Secretary under paragraph (1) shall also notify the
Secretary, electronically and in writing, of any change
in its membership since its prior required notice under
this paragraph. Such notice shall be transmitted not
later than 72 hours after the date of the membership
change.
``(3) Contents of notice.--
``(A) Initial notice.--Each notice required under
paragraph (2)(A) shall include information regarding--
``(i) the name, address, business telephone
number, and principal place of business of each
of the members of the coalition or association,
``(ii) a general description of the
business or activities of each of such members,
and
``(iii) the amount reasonably expected to
be contributed by each of such members toward
the activities of the coalition or association
of influencing legislation.
``(B) Notice of membership change.--Each notice
required under paragraph (2)(B) shall include--
``(i) if the notice relates to a new member
of the coalition or association, the
information described in subparagraph (A) with
respect to such new member, and
``(ii) if the notice relates to the
cessation of a person's membership, the name of
such person.
``(4) Effect of failure.--
``(A) In general.--In the case of--
``(i) a failure to give the notice required
under paragraph (2) at the time and in the
manner prescribed therefor, or
``(ii) a failure to include any of the
information required to be included in such
notice or to show the correct information,
there shall be paid by the coalition or association an
amount equal to the rate of tax specified in subsection
(b)(1) multiplied by the amount involved.
``(B) Amount involved.--For purposes of
subparagraph (A), the amount involved with respect to
any failure is--
``(i) in the case of a failure to file the
notice under paragraph (2)(A) at the time and
in the manner prescribed therefor, the amount
which is reasonably expected to be paid by the coalition or association
or its members to the person filing the registration statement, and
``(ii) in the case of a failure to include
any of the information required to be included
in such notice, or to show the correct
information, with respect to any member, the
amount reasonably expected to be contributed by
such member toward the activities of the
coalition or association of influencing
legislation.
``(C) Joint and several liability.--All members of
the coalition or association shall be jointly and
severally liable under this paragraph for any failure.
``(D) Procedures for assessment and collection of
penalty.--For purposes of subtitle F, the penalty
imposed by this paragraph shall be assessed and
collected in the same manner as penalties imposed by
section 6652(c).
``(5) Exception for certain tax-exempt associations.--This
subsection shall not apply to any association--
``(A) which is described in section 501(c)(3) and
exempt from tax under section 501(a), or
``(B)(i) which is described in any other paragraph
of section 501(c) and exempt from tax under section
501(a), and
``(ii) which has substantial exempt activities
other than lobbying with respect to the specific issue
for which it engaged the person filing the registration
statement under section 4 of the Lobbying Disclosure
Act of 1995.
The preceding sentence shall not apply to any association
formed or availed of to avoid the purposes of this subsection.
``(6) Exception from disclosure for certain members.--
``(A) In general.--Information on a member of a
coalition or association need not be included in any
notice under paragraph (3) if the amount referred to in
paragraph (3)(A)(iii) with respect to such member is
less than $2,000 per year.
``(B) Expenditures in excess of expected amount.--
If--
``(i) information on a member of a
coalition or association is not included in any
notice by reason of subparagraph (A), and
``(ii) the amount contributed by such
member toward the activities of the coalition
or association of influencing legislation
exceeds $2,200 per year,
such member shall be treated for purposes of this
subsection as a new member of such coalition or
association as of the earliest date that clause (ii) is
met.
``(7) Look-thru rules.--In the case of a coalition or
association which is treated as a political organization under
paragraph (1)--
``(A) such coalition or association shall be
treated as employing or retaining other persons to
conduct lobbying activities for purposes of determining
whether any individual member thereof is treated as a
political organization under paragraph (1), and
``(B) information on such coalition or association
need not be included in any notice under paragraph (2)
of the coalition or association with respect to which
it is treated as a political organization under
paragraph (1).''.
(b) Public Disclosure of Notices.--Subsection (a) of section 6104
of such Code is amended by adding at the end the following new
paragraph:
``(4) Information available on internet and in person.--
``(A) In general.--The Secretary shall make
publicly available, on the Internet and at the offices
of the Internal Revenue Service--
``(i) a list of all political organizations
which file a notice with the Secretary under
section 527(k), and
``(ii) the information provided in such
notice.
``(B) Time to make information available.--The
Secretary shall make available the information required
under subparagraph (A) not later than 5 business days
after the Secretary receives a notice from a political
organization under section 527(k).''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to--
(A) coalitions and associations listed on
registration statements filed under section 4 of the
Lobbying Disclosure Act of 1995 after the date of the
enactment of this Act, and
(B) coalitions and associations for whom any
lobbying contact is made after the date of the
enactment of this Act.
(2) Special rule.--In the case of any coalition or
association to which the amendments made by this Act apply by
reason of paragraph (1)(B), the time to file the notice under
section 527(k)(2) of the Internal Revenue Code of 1986, as
added by this section, shall be 30 days after the date of the
enactment of this section. | Stealth Lobbyist Disclosure Act of 2002 - Amends the Internal Revenue Code to treat certain associations or coalitions as political organizations and thus require disclosure of their lobbying activities. Sets forth disclosure requirements, including notice requirements. Exempts certain tax-exempt organizations from such provisions. | To amend the Internal Revenue Code of 1986 to require disclosure of lobbying activities by certain organizations. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adam Walsh Reauthorization Act of
2016''.
SEC. 2. SEX OFFENDER MANAGEMENT ASSISTANCE (SOMA) PROGRAM
REAUTHORIZATION.
Section 126(d) of the Adam Walsh Child Protection and Safety Act of
2006 (42 U.S.C. 16926(d)) is amended to read as follows:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General $20,000,000 for each of fiscal
years 2017 through 2018, to be available only for--
``(1) the SOMA program; and
``(2) the Jessica Lunsford Address Verification Grant
Program established under section 631.''.
SEC. 3. REAUTHORIZATION OF FEDERAL ASSISTANCE WITH RESPECT TO
VIOLATIONS OF REGISTRATION REQUIREMENTS.
Section 142(b) of the Adam Walsh Child Protection and Safety Act of
2006 (42 U.S.C. 16941(b)) is amended by striking ``such sums as may be
necessary for fiscal years 2007 through 2009'' and inserting ``to the
United States Marshals Service $61,300,000 for each of fiscal years
2017 through 2018''.
SEC. 4. ENSURING SUPERVISION OF RELEASED SEXUALLY DANGEROUS PERSONS.
(a) Probation Officers.--Section 3603 of title 18, United States
Code, is amended in paragraph (8)(A) by striking ``or 4246'' and
inserting ``, 4246, or 4248''.
(b) Pretrial Services Officers.--Section 3154 of title 18, United
States Code, is amended in paragraph (12)(A) by striking ``or 4246''
and inserting ``, 4246, or 4248''.
SEC. 5. SEXUAL ASSAULT SURVIVORS' RIGHTS.
(a) In General.--Part II of title 18, United States Code, is
amended by adding after chapter 237 the following:
``CHAPTER 238--SEXUAL ASSAULT SURVIVORS' RIGHTS
``Sec.
``3772. Sexual assault survivors' rights.
``Sec. 3772. Sexual assault survivors' rights
``(a) Rights of Sexual Assault Survivors.--In addition to those
rights provided in section 3771, a sexual assault survivor has the
following rights:
``(1) The right not to be prevented from, or charged for,
receiving a medical forensic examination.
``(2) The right to--
``(A) subject to paragraph (3), have a sexual
assault evidence collection kit or its probative
contents preserved, without charge, for the duration of
the maximum applicable statute of limitations or 20
years, whichever is shorter;
``(B) be informed of any result of a sexual assault
evidence collection kit, including a DNA profile match,
toxicology report, or other information collected as
part of a medical forensic examination, if such
disclosure would not impede or compromise an ongoing
investigation; and
``(C) be informed in writing of policies governing
the collection and preservation of a sexual assault
evidence collection kit.
``(3) The right, if the Government intends to destroy or
dispose of a sexual assault evidence collection kit or its
probative contents before the expiration of the applicable time
period under paragraph (2)(A), to--
``(A) upon written request, receive written
notification from the appropriate official with custody
not later than 60 days before the date of the intended
destruction or disposal; and
``(B) upon written request, be granted further
preservation of the kit or its probative contents.
``(4) The right to be informed of the rights under this
subsection.
``(b) Applicability.--Subsections (b) through (f) of section 3771
shall apply to sexual assault survivors.
``(c) Definition of Sexual Assault.--In this section, the term
`sexual assault' means any nonconsensual sexual act proscribed by
Federal, tribal, or State law, including when the victim lacks capacity
to consent.
``(d) Funding.--This section, other than paragraphs (2)(A) and
(3)(B) of subsection (a), shall be carried out using funds made
available under section 1402(d)(3)(A)(i) of the Victims of Crime Act of
1984 (42 U.S.C. 10601(d)(3)(A)(i)). No additional funds are authorized
to be appropriated to carry out this section.''.
(b) Technical and Conforming Amendment.--The table of chapters for
part II of title 18, United States Code, is amended by adding at the
end the following:
``238. Sexual assault survivors' rights..................... 3772''.
(c) Amendment to Victims of Crime Act of 1984.--Section
1402(d)(3)(A)(i) of the Victims of Crime Act of 1984 (42 U.S.C.
10601(d)(3)(A)(i)) is amended by inserting after ``section 3771'' the
following: ``or section 3772, as it relates to direct services,''.
SEC. 6. SEXUAL ASSAULT SURVIVORS' NOTIFICATION GRANTS.
The Victims of Crime Act of 1984 is amended by adding after section
1404E (42 U.S.C. 10603e) the following:
``SEC. 1404F. SEXUAL ASSAULT SURVIVORS' NOTIFICATION GRANTS.
``(a) In General.--The Attorney General may make grants as provided
in section 1404(c)(1)(A) to States to develop and disseminate to
entities described in subsection (c)(1) of this section written notice
of applicable rights and policies for sexual assault survivors.
``(b) Notification of Rights.--Each recipient of a grant awarded
under subsection (a) shall make its best effort to ensure that each
entity described in subsection (c)(1) provides individuals who identify
as a survivor of a sexual assault, and who consent to receiving such
information, with written notice of applicable rights and policies
regarding--
``(1) the right not to be charged fees for or otherwise
prevented from pursuing a sexual assault evidence collection
kit;
``(2) the right to have a sexual assault medical forensic
examination regardless of whether the survivor reports to or
cooperates with law enforcement;
``(3) the availability of a sexual assault advocate;
``(4) the availability of protective orders and policies
related to their enforcement;
``(5) policies regarding the storage, preservation, and
disposal of sexual assault evidence collection kits;
``(6) the process, if any, to request preservation of
sexual assault evidence collection kits or the probative
evidence from such kits; and
``(7) the availability of victim compensation and
restitution.
``(c) Dissemination of Written Notice.--Each recipient of a grant
awarded under subsection (a) shall--
``(1) provide the written notice described in subsection
(b) to medical centers, hospitals, forensic examiners, sexual
assault service providers, State and local law enforcement
agencies, and any other State agency or department reasonably
likely to serve sexual assault survivors; and
``(2) make the written notice described in subsection (b)
publicly available on the Internet website of the attorney
general of the State.
``(d) Provision To Promote Compliance.--The Attorney General may
provide such technical assistance and guidance as necessary to help
recipients meet the requirements of this section.
``(e) Integration of Systems.--Any system developed and implemented
under this section may be integrated with an existing case management
system operated by the recipient of the grant if the system meets the
requirements listed in this section.''.
SEC. 7. WORKING GROUP.
(a) In General.--The Attorney General, in consultation with the
Secretary of Health and Human Services (referred to in this section as
the ``Secretary''), shall establish a joint working group (referred to
in this section as the ``Working Group'') to develop, coordinate, and
disseminate best practices regarding the care and treatment of sexual
assault survivors and the preservation of forensic evidence.
(b) Consultation With Stakeholders.--The Working Group shall
consult with--
(1) stakeholders in law enforcement, prosecution, forensic
laboratory, counseling, forensic examiner, medical facility,
and medical provider communities; and
(2) representatives of not less than 3 entities with
demonstrated expertise in sexual assault prevention, sexual
assault advocacy, or representation of sexual assault victims,
of which not less than 1 representative shall be a sexual
assault victim.
(c) Membership.--The Working Group shall be composed of
governmental or nongovernmental agency heads at the discretion of the
Attorney General, in consultation with the Secretary.
(d) Duties.--The Working Group shall--
(1) develop recommendations for improving the coordination
of the dissemination and implementation of best practices and
protocols regarding the care and treatment of sexual assault
survivors and the preservation of evidence to hospital
administrators, physicians, forensic examiners, and other
medical associations and leaders in the medical community;
(2) encourage, where appropriate, the adoption and
implementation of best practices and protocols regarding the
care and treatment of sexual assault survivors and the
preservation of evidence among hospital administrators,
physicians, forensic examiners, and other medical associations
and leaders in the medical community;
(3) develop recommendations to promote the coordination of
the dissemination and implementation of best practices
regarding the care and treatment of sexual assault survivors
and the preservation of evidence to State attorneys general,
United States attorneys, heads of State law enforcement
agencies, forensic laboratory directors and managers, and other
leaders in the law enforcement community;
(4) develop and implement, where practicable, incentives to
encourage the adoption or implementation of best practices
regarding the care and treatment of sexual assault survivors
and the preservation of evidence among State attorneys general,
United States attorneys, heads of State law enforcement
agencies, forensic laboratory directors and managers, and other
leaders in the law enforcement community;
(5) collect feedback from stakeholders, practitioners, and
leadership throughout the Federal and State law enforcement,
victim services, forensic science practitioner, and health care
communities to inform development of future best practices or
clinical guidelines regarding the care and treatment of sexual
assault survivors; and
(6) perform other activities, such as activities relating
to development, dissemination, outreach, engagement, or
training associated with advancing victim-centered care for
sexual assault survivors.
(e) Report.--Not later than 2 years after the date of enactment of
this Act, the Working Group shall submit to the Attorney General, the
Secretary, and Congress a report containing the findings and
recommended actions of the Working Group.
SEC. 8. CIVIL REMEDY FOR SURVIVORS OF CHILD SEXUAL EXPLOITATION AND
HUMAN TRAFFICKING.
Section 2255(b) of title 18, United States Code, is amended--
(1) by striking ``three years'' and inserting ``10 years'';
and
(2) by inserting ``ends'' before the period at the end.
Passed the Senate May 23, 2016.
Attest:
JULIE E. ADAMS,
Secretary. | Adam Walsh Reauthorization Act of 2016 (Sec. 2) This bill amends the Sex Offender Registration and Notification Act to reauthorize through FY2018 the Sex Offender Management Assistance program and the Jessica Lunsford Address Verification Grant program. (Sec. 3) Additionally, it reauthorizes appropriations through FY2018 for the U.S. Marshals Service to locate and apprehend sex offenders who violate sex offender registration requirements. (Sec. 4) The bill amends the federal criminal code to modify the duties of probation and pretrial services officers to include, when directed by a court, supervision of a sex offender conditionally released from civil commitment subject to court-ordered compliance with a prescribed regimen of medical, psychiatric, or psychological treatment. (Sec. 5) It establishes statutory rights for sexual assault survivors, including the right to: (1) receive a forensic medical examination at no cost; (2) have a sexual assault evidence collection kit (i.e., a rape kit) preserved for 20 years or the maximum applicable statute of limitations, whichever is shorter; (3) receive written notification prior to destruction or disposal of a rape kit; and (4) be informed of the rights and policies under this section. Additionally, it makes statutory crime victims' rights applicable to sexual assault survivors. The term "sexual assault" means any nonconsensual sexual act prohibited by federal, state, or tribal law, including when a victim lacks capacity to consent. Funds made available to the Crime Victims Fund under the Victims of Crime Act of 1984 must be used to carry out the requirements of this section, subject to specified exceptions. (Sec. 6) The bill amends the Victims of Crime Act of 1984 to authorize DOJ's Office of Justice Programs to make grants to states to develop sexual assault survivors' rights and policies and to disseminate written notice of such rights and policies to medical centers, hospitals, forensic examiners, sexual assault service providers, law enforcement agencies, and other state entities. (Sec. 7) DOJ must establish a working group to develop, coordinate, and disseminate best practices regarding the care and treatment of sexual assault survivors and the preservation of forensic evidence. The working group must report its findings and recommended actions. (Sec. 8) It extends the statute of limitations for a minor victim of a federal sex offense to file a civil action to 10 years (currently 3 years) from the date such individual reaches age 18. | Adam Walsh Reauthorization Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Asset Forfeiture Reform Act''.
SEC. 2. CREATION OF GENERAL RULES RELATING TO CIVIL FORFEITURE
PROCEEDINGS.
Section 981 of title 18, United States Code, is amended--
(1) by inserting after subsection (i) the following:
``(j)(1)(A) In any nonjudicial civil forfeiture proceeding under a
civil forfeiture statute, with respect to which the agency conducting a
seizure of property must give written notice to interested parties,
such notice shall be given as soon as practicable and in no case more
than 60 days after the later of the date of the seizure or the date the
identity of the interested party is first known or discovered by the
agency, except that the court may extend the period for filing a notice
for good cause shown.
``(B) A person entitled to written notice in such proceeding to
whom written notice is not given may on motion void the forfeiture with
respect to that person's interest in the property, unless the agency
shows--
``(i) good cause for the failure to give notice to that
person; or
``(ii) that the person otherwise had actual notice of the
seizure.
``(C) If the government does not provide notice of a seizure of
property in accordance with subparagraph (A), it shall return the
property and may not take any further action to effect the forfeiture
of such property.
``(2)(A) Any person claiming such seized property may file a claim
with the appropriate official after the seizure.
``(B) A claim under subparagraph (A) may not be filed later than 30
days after--
``(i) the date of final publication of notice of seizure;
or
``(ii) in the case of a person entitled to written notice,
the date that notice is given.
``(C) The claim shall state the claimant's interest in the
property.
``(D) Not later than 90 days after a claim has been filed, the
Attorney General shall file a complaint for forfeiture in the
appropriate court or return the property, except that a court in the
district in which the complaint will be filed may extend the period for
filing a complaint for good cause shown or upon agreement of the
parties.
``(E) If the government does not file a complaint for forfeiture of
property in accordance with subparagraph (D), it shall return the
property and may not take any further action to effect the forfeiture
of such property.
``(3)(A) If the person filing a claim is financially unable to
obtain representation by counsel, the court may appoint counsel to
represent that person with respect to the claim.
``(B) In determining whether to appoint counsel to represent the
person filing the claim, the court shall take into account--
``(i) the nature and value of the property subject to
forfeiture, including the hardship to the claimant from the
loss of the property seized, compared to the expense of
appointing counsel;
``(ii) the claimant's standing to contest the forfeiture;
and
``(iii) whether the claim appears to be made in good faith
or to be frivolous.
``(C) The court shall set the compensation for that representation,
which shall--
``(i) be equivalent to that provided for court-appointed
representation under section 3006A of this title, and
``(ii) be paid from the Justice Assets Forfeiture Fund
established under section 524 of title 28, or in a case under
the jurisdiction of the Treasury Department, from the Customs
Forfeiture Fund established under section 613A of the Tariff
Act of 1930.
``(4) In all suits or actions (other than those arising under
section 592 of the Tariff Act of 1930) brought for the civil forfeiture
of any property, the burden of proof is on the United States Government
to establish, by clear and convincing evidence, that the property is
subject to forfeiture.
``(5)(A) An innocent owner's interest in property shall not be
forfeited under any civil forfeiture statute.
``(B) With respect to a property interest in existence at the time
the illegal conduct giving rise to forfeiture took place, the term
`innocent owner' means an owner who--
``(i) did not know of the conduct giving rise to
forfeiture; or
``(ii) upon learning of the conduct giving rise to the
forfeiture, did all that reasonably could be expected under the
circumstances to terminate such use of the property.
``(C) With respect to a property interest acquired after the
conduct giving rise to forfeiture has taken place, the term `innocent
owner' means a person who, at the time that person acquired the
interest in the property, did not know--
``(i)(I) of the conduct giving rise to the forfeiture; and
``(II) that the property was involved in, or the proceeds
of, that conduct; or
``(ii) that the Government was seeking forfeiture of that
property.
``(6) For the purposes of paragraph (5) of this subsection--
``(A) a person may show that such person did all that
reasonably can be expected, among other ways, by demonstrating
that such person, to the extent permitted by law--
``(i) gave timely notice to an appropriate law
enforcement agency of information that led the person
to know the conduct giving rise to a forfeiture would
occur or has occurred; and
``(ii) in a timely fashion revoked permission for
those engaging in such conduct to use the property or
took reasonable actions in consultation with a law
enforcement agency to discourage or prevent the illegal
use of the property; and
``(B) in order to do all that can reasonably be expected, a
person is not required to take steps that the person reasonably
believes would be likely to subject the person to physical
danger.
``(7) As used in this section, the term `civil forfeiture statute'
means any provision of Federal law providing for the forfeiture of
property other than as a sentence imposed upon conviction of a criminal
offense.
``(k)(1) A claimant under subsection (j) is entitled to immediate
release of seized property if--
``(A) the claimant has a possessory interest in the
property;
``(B) the continued possession by the United States
Government pending the final disposition of forfeiture
proceedings will cause substantial hardship to the claimant,
such as preventing the functioning of a business, preventing an
individual from working, or leaving an individual homeless; and
``(C) the claimant's likely hardship from the continued
possession by the United States Government of the seized
property outweighs the risk that the property will be
destroyed, damaged, lost, concealed, or transferred if it is
returned to the claimant during the pendency of the proceeding.
``(2) A claimant seeking release of property under this subsection
must request possession of the property from the appropriate official,
and the request must set forth the basis on which the requirements of
paragraph (1) are met.
``(3) If within 10 days after the date of the request the property
has not been released, the claimant may file a motion or complaint in
any district court that would have jurisdiction of forfeiture
proceedings relating to the property setting forth--
``(A) the basis on which the requirements of paragraph (1)
are met; and
``(B) the steps the claimant has taken to secure release of
the property from the appropriate official.
``(4) If a motion or complaint is filed under paragraph (3), the
district court shall order that the property be returned to the
claimant, pending completion of proceedings by the United States
Government to obtain forfeiture of the property, if the claimant shows
that the requirements of paragraph (1) have been met. The court may
place such conditions on release of the property as it finds are
appropriate to preserve the availability of the property or its
equivalent for forfeiture.
``(5) The district court shall render a decision on a motion or
complaint filed under paragraph (3) no later than 30 days after the
date of the filing, unless such 30-day limitation is extended by
consent of the parties or by the court for good cause shown.''; and
(2) by redesignating existing subsection (j) as subsection
(l).
SEC. 3. CONFORMING AMENDMENTS TO TITLE 28, TO RULES OF PROCEDURE, AND
TO THE CONTROLLED SUBSTANCES ACT.
(a) Use of Assets Forfeiture Fund for Attorney Fees.--Section
524(c) of title 28, United States Code, is amended--
(1) by striking out ``law enforcement purposes--'' in the
matter preceding subparagraph (A) in paragraph (1) and
inserting ``purposes--'';
(2) by redesignating the final 3 subparagraphs in paragraph
(1) as subparagraphs (J), (K), and (L), respectively;
(3) by inserting after subparagraph (G) of paragraph (1)
the following new subparagraph:
``(H) payment of court-awarded compensation for
representation of claimants pursuant to section 981 of title
18;
``(I) payment of compensation for damages to property under
section 5(b) of the Civil Asset Forfeiture Reform Act;''; and
(4) by striking out ``(H)'' in subparagraph (A) of
paragraph (9) and inserting ``(I)''.
(b) In Rem Proceedings.--Paragraph (6) of Rule C of the
Supplemental Rules for Certain Admiralty and Maritime Claims to the
Federal Rules of Civil Procedure (28 U.S.C. Appendix) is amended by
striking ``10 days'' and inserting ``30 days''.
(c) Controlled Substances Act.--Section 518 of the Controlled
Substances Act (21 U.S.C. 888) is repealed.
SEC. 4. CONFORMING AMENDMENTS TO REVENUE LAWS.
(a) In General.--Section 615 of the Tariff Act of 1930 (19 U.S.C.
1615) is amended to read as follows:
``SEC. 615. APPLICATION OF TITLE 18, UNITED STATES CODE TO FORFEITURE
PROCEEDINGS.
``Those portions of section 981 of title 18, United States Code,
that apply generally to civil forfeiture procedures apply also to any
civil forfeiture proceeding relating to the condemnation or forfeiture
of property for violation of the customs laws.''.
(b) Conforming Repeal.--Section 608 of the Tariff Act of 1930 (19
U.S.C. 1608) is repealed.
(c) Time for Filing Claims.--Section 609(a) of the Tariff Act of
1930 (19 U.S.C. 1609) is amended--
(1) by striking ``twenty'' and inserting ``30''; and
(2) by striking ``or bond''.
(d) Treasury Asset Forfeiture Fund.--Section 613A(a)(3) of the
Tariff Act of 1930 (19 U.S.C. 1613b(a)(3)) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting ``; and''; and
(3) by adding at the end the following:
``(G) payment of court-awarded compensation for
representation of claimants pursuant to section 981 of title
18, United States Code.''.
(e) Forfeiture of Personal Property.--Section 7325 of the Internal
Revenue Code of 1986 is amended--
(1) in paragraph (2), by striking ``for 3 weeks'' through
``such notice'' and inserting ``in accordance with section
981(j)(1) of title 18, United States Code'';
(2) in paragraph (3), by amending the head to read ``Filing
of claim'' and by striking ``stating his interest in the
articles seized'' through ``description of the goods seized,''
and inserting ``stating such person's interest in the articles
seized. Such person shall transmit a duplicate list or
description of the goods seized''; and
(3) in paragraph (4), by amending the heading to read
``Sale'' and by striking ``and no bond is given within the time
above specified''.
SEC. 5. COMPENSATION FOR DAMAGE TO SEIZED PROPERTY.
(a) Tort Claims Act.--Section 2680(c) of title 28, United States
Code, is amended--
(1) by striking ``law-enforcement'' and inserting ``law
enforcement''; and
(2) by inserting before the period the following: ``,
except that the provisions of this chapter and section 1346(b)
of this title do apply to any claim based on the negligent
destruction, injury, or loss of goods, merchandise, or other
property, while in the possession of any officer of customs or
excise or any other law enforcement officer, if the property
was seized for the purpose of forfeiture but the interest of
the claimant is not forfeited''.
(b) Department of Justice.--
(1) In general.--With respect to a claim that cannot be
settled under chapter 171 of title 28, United States Code, the
Attorney General may settle, for not more than $50,000 in any
case, a claim for damage to, or loss of, privately owned
property caused by an investigative or law enforcement officer
(as defined in section 2680(h) of title 28, United States Code)
who is employed by the Department of Justice acting within the
scope of his or her employment.
(2) Limitations.--The Attorney General may not pay a claim
under paragraph (1) that--
(A) is presented to the Attorney General more than
1 year after it occurs; or
(B) is presented by an officer or employee of the
United States Government and arose within the scope of
employment.
SEC. 6. PREJUDGMENT AND POSTJUDGMENT INTEREST.
Section 2465 of title 28, United States Code, is amended--
(1) by inserting ``(a)'' before ``Upon''; and
(2) adding at the end the following:
``(b) Interest.--
``(1) Post-judgment.--Upon entry of judgment for the
claimant in any proceeding to condemn or forfeit property
seized or arrested under any Act of Congress, the United States
shall be liable for post-judgment interest as set forth in
section 1961 of this title.
``(2) Pre-judgment.--The United States shall not be liable
for prejudgment interest, except that in cases involving
currency, other negotiable instruments, or the proceeds of an
interlocutory sale, the United States shall disgorge to the
claimant any funds representing--
``(A) interest actually paid to the United States
from the date of seizure or arrest of the property that
resulted from the investment of the property in an
interest-bearing account or instrument; and
``(B) for any period during which no interest is
actually paid, an imputed amount of interest that such
currency, instruments, or proceeds would have earned at
the rate described in section 1961.
``(3) Limitation on other payments.--The United States
shall not be required to disgorge the value of any intangible
benefits nor make any other payments to the claimant not
specifically authorized by this subsection.''.
SEC. 7. APPLICABILITY.
(a) In General.--Unless otherwise specified in this Act, the
amendments made by this Act apply with respect to claims, suits, and
actions filed on or after the date of the enactment of this Act.
(b) Exceptions.--
(1) The standard for the required burden of proof set forth
in section 981 of title 18, United States Code, as amended by
section 2, shall apply in cases pending on the date of the
enactment of this Act.
(2) The amendment made by section 6 shall apply to any
judgment entered after the date of enactment of this Act. | Civil Asset Forfeiture Reform Act - Amends the Federal criminal code to require that in any nonjudicial civil forfeiture proceeding under a civil forfeiture statute, with respect to which the agency conducting a seizure of property must give written notice to interested parties, such notice shall be given within 60 days after the later of the date of the seizure or the date the identity of the interested party is first known or discovered by the agency, with exceptions.
Allows a person entitled to written notice in such proceeding to whom written notice is not given to void, on motion, the forfeiture with respect to that person's interest in the property unless the agency shows good cause for the failure to give notice or that the person otherwise had actual notice of the seizure.
Provides that if the Government does not provide notice of a seizure of property in accordance with this Act, it shall return the property and may not take any further action to effect the forfeiture of such property.
Sets forth provisions regarding: (1) filing deadlines; (2) persons filing claims who are financially unable to obtain representation by counsel; and (3) the burden of proof.
Prohibits an innocent owner's interest in property from being forfeited under any civil forfeiture statute.
(Sec. 4) Amends the Tariff Act of 1930 to provide that Federal criminal code provisions applicable to civil forfeiture procedures shall apply to civil forfeitures proceedings relating to the condemnation or forfeiture of property for violation of the customs laws.
(Sec. 5) Makes the Federal Tort Claims Act applicable to claims based on the negligent destruction, injury, or loss of goods, merchandise, or other property while in the possession of any officer of customs or excise or any other law enforcement officer, if the property was seized for the purpose of forfeiture but the interest of the claimant is not forfeited.
Authorizes the Attorney General to settle, for not more than $50,000 in any case, certain claims for damage to or loss of privately owned property caused by an investigative or law enforcement officer who is employed by the Department of Justice and acting within the scope of his or her employment, subject to specified limitations.
(Sec. 6) Makes the United States liable for post-judgment interest upon entry of judgment for the claimant in any proceeding to condemn or forfeit property seized or arrested under any Act of Congress, but not for prejudgment interest (with exceptions). Specifies that the United States shall not be required to disgorge the value of any intangible benefits nor make any other payments to the claimant not specifically authorized.
(Sec. 7) Makes the amendments made by this Act applicable to claims, suits, and actions filed on or after the date of the enactment of this Act, with exceptions. | Civil Asset Forfeiture Reform Act |
SECTION 1. SHORT TITLE; AMENDMENT REFERENCES.
(a) Short Title.--This Act may be cited as the ``National Fish and
Wildlife Foundation Establishment Act Amendments of 1998''.
(b) Amendment of National Fish and Wildlife Foundation
Establishment Act.--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 National
Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et
seq.).
SEC. 2. MEMBERSHIP OF BOARD OF DIRECTORS OF THE FOUNDATION.
(a) Amendments.--Section 3 (16 U.S.C. 3702) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``15'' and inserting ``22'';
(B) in paragraph (1), by striking ``six'' and
inserting ``4'', and by striking ``and'' after the
semicolon at the end;
(C) in paragraph (2) by striking the period at the
end and inserting ``; and'';
(D) by inserting after paragraph (2) the following:
``(3) 4 of whom must be knowledgeable and experienced in
ocean and coastal resource conservation.''; and
(E) in the material following paragraph (3) (as so
added), by striking ``shall be'' and inserting ``and
the Under Secretary of Commerce for Oceans and
Atmosphere shall each be''; and
(2) by amending subsection (b) to read as follows:
``(b) Appointment and Terms.--
``(1) In general.--The Secretary of the Interior (in this
Act referred to as the `Secretary') shall appoint the Directors
of the Board, after considering recommendations from the Board
under paragraph (4). The Secretary of the Interior shall
consult with the Under Secretary of Commerce for Oceans and
Atmosphere before appointing any Director of the Board.
``(2) Terms.--The Directors shall be appointed for terms of
6 years; except that the Secretary, in making the initial
appointments to the Board, shall appoint 3 Directors to a term
of 2 years, 2 Directors to a term of 4 years, and 2 Directors
to a term of 6 years. No individual may serve more than 2
consecutive full terms as a Director.
``(3) Vacancies.--A vacancy on the Board shall be filled
within 60 days after the occurrence of the vacancy. Any
individual appointed to fill a vacancy occurring prior to the
expiration of any term of office shall be appointed for the
remainder of that term.
``(4) Nomination of appointees.--The Board may recommend to
the Secretary individuals to be appointed as Directors of the
Board.''.
(b) Application.--The amendments made by subsection (a) shall apply
to any appointment of a Director of the Board of the National Fish and
Wildlife Foundation on or after the date of the enactment of this Act.
(c) Appointment of Additional Members.--
(1) Nominations.--The Board of Directors on the National
Fish and Wildlife Foundation shall submit any recommendations
of individuals for appointment to positions on the Board
created by the amendment made by subsection (a)(1) by not later
than 60 days after the date of the enactment of this Act.
(2) Staggered terms.--Of the Directors on the Board of
Directors of the National Fish and Wildlife Foundation first
appointed pursuant to the amendment made by subsection (a)(1)--
(A) 3 shall be appointed to a term that expires
December 31, 1999;
(B) 2 shall be appointed to a term that expires
December 31, 2001; and
(C) 2 shall be appointed to a term that expires
December 31, 2003,
as specified by the Secretary of the Interior at the time of
appointment.
SEC. 3. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.
(a) Investment and Deposit of Federal Funds.--Section 4(c) (16
U.S.C. 3703(c)) is amended--
(1) by redesignating paragraphs (3) through (7) in order as
paragraphs (8) through (12); and
(2) by inserting after paragraph (2) the following:
``(3) to invest any funds provided to the Foundation by the
Federal Government in obligations of the United States or in
obligations or securities that are guaranteed or insured by the
United States;
``(4) to deposit any funds provided to the Foundation by
the Federal Government into accounts that are insured by an
agency or instrumentality of the United States;
``(5) to make use of any interest or investment income that
accrues as a consequence of actions taken under paragraph (3)
or (4) to carry out the purposes of the Foundation;
``(6) to provide Federal funds for the purpose of entering
into cooperative agreements with willing private landowners for
restoration and enhancement of fish, wildlife, and other
natural resources on public or private land, or both, if such
cooperative agreements--
``(A) provide general conservation benefits; or
``(B) benefit fish, wildlife, or other natural
resources on public land;
``(7) to accept and manage funds provided by any Federal
agency under any other law when it is in the public
interest;''.
(b) Agency Approval of Acquisitions of Property.--Section 4(e) (16
U.S.C. 3703(e)) is amended--
(1) by amending paragraph (1)(B) to read as follows:
``(B) the Foundation notifies the Federal agency that
administers the program under which the funds were provided of
the proposed acquisition, and the agency fails to object in
writing to the proposed acquisition within 60 days after the
date of that notification.''; and
(2) in paragraph (2), by striking ``the Director'' and
inserting ``the head of the Federal agency that administers the
program under which the funds were provided''.
(c) Repeal.--Section 304 of Public Law 102-440 (16 U.S.C. 3703
note) is repealed.
(d) Agency Approval of Conveyances and Grants.--Section
4(e)(3)(B)(ii) (16 U.S.C. 3703(e)(3)(B)(ii)) is amended to read as
follows:
``(ii) the Foundation notifies the Federal agency that
administers the Federal program under which the funds were
provided of the proposed conveyance or provision of Federal
funds, and the head of the agency fails to object in writing to
such proposed conveyance or provision of Federal funds within
60 days after the date of that notification.''.
(e) Reconveyance of Real Property.--Section 4(e)(5) (16 U.S.C.
3703(e)(5)) is amended to read as follows:
``(5) The Foundation shall convey at not less than fair market
value any real property acquired by it in whole or in part with Federal
funds if the Foundation notifies the Federal agency that administers
the Federal program under which the funds were provided, and the agency
fails to disagree within 60 days after the date of that notification,
that--
``(A) the property is no longer valuable for the purposes
of fish and wildlife conservation or management; and
``(B) the purposes of the Foundation would be better served
by the use of the proceeds of the conveyance for authorized
activities of the Foundation.''.
(f) Termination of Condemnation Limitation; Expenditures for
Printing or Capital Equipment.--Section 4(d) (16 U.S.C. 3703(d)) is
amended to read as follows:
``(d) Expenditures for Printing or Capital Equipment.--The
Foundation may not make an expenditure of Federal funds for printing or
capital equipment that is greater than $10,000 unless the expenditure
is approved by the Federal agency that administers the Federal program
under which the funds were provided.''.
SEC. 4. MATCHING REQUIREMENT.
Section 10(b)(1) (16 U.S.C. 3709(b)(1)) is amended by striking
``matching, in whole or in part,'' and inserting ``matching, on a one-
to-one basis,''.
SEC. 5. RESTRICTIONS ON USE OF GRANTS PROVIDED BY FOUNDATION.
Section 10(b) (16 U.S.C. 3709(b)) is amended by adding at the end
the following:
``(3)(A) Amounts provided as a grant by the Foundation shall not be
used for--
``(i) expenses related to litigation; or
``(ii) any activity the purpose of which is to influence
legislation pending before the Congress.
``(B) Subparagraph (A)(ii) shall not be considered to prohibit
officers or employees of the Foundation from communicating to Members
or staff of Congress requests for legislation that they consider
necessary for the efficient conduct of the business of the Foundation
or that relates to the authority of the Foundation, appropriations for
use by the Foundation, or use of Federal funds by the Foundation.
``(4) Amounts provided as a grant by the Foundation shall not be
used for any activity related to the introduction of wolves or grizzly
bears in Idaho, Montana, Utah, or Wyoming.''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 10(a) (16 U.S.C. 3709(a)) is amended to
read as follows:
``(a) Authorization.--There are authorized to be appropriated to
the Secretary of the Interior and the Secretary of Commerce, in the
aggregate, $25,000,000 for fiscal year 1999.''.
(b) Repeal.--Section 10(c) (16 U.S.C. 3709(c)) is repealed. | National Fish and Wildlife Foundation Establishment Act Amendments of 1998 - Amends the National Fish and Wildlife Foundation Establishment Act to increase the number of members of the National Fish and Wildlife Foundation's Board of Directors. Provides for four directors experienced in ocean and coastal resources conservation and adds the Under Secretary for Commerce for Oceans and Atmosphere as a nonvoting member.
Expands Foundation powers to include the right to: (1) invest and deposit Federal funds; and (2) provide Federal funds to enter into agreements with private landowners for fish, wildlife, and natural resource restoration and enhancement on public and private lands.
Revises certain limitations on the use of Federal funds by the Foundation to acquire interests in, convey, or grant such funds to another for, real property to allow such activities if the Foundation notifies the Federal agency that administers the program under which the funds were provided of the proposed activity and the agency fails to object within a certain time period.
Removes a limitation on the condemnation of Foundation lands by State or local entities. Prohibits the use of Foundation grants for litigation expenses, activities to influence legislation pending before the Congress, or for activities related to the introduction of wolves or grizzly bears in Idaho, Montana, Utah, or Wyoming.
Extends the authorization of appropriations for the Foundation through FY 1999.
Repeals a provision that states that amounts authorized under the Act are in addition to any provided for the Foundation under other Federal laws. | National Fish and Wildlife Foundation Establishment Act Amendments of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lewis and Clark Expedition
Bicentennial Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the expedition commanded by Meriwether Lewis and
William Clark, which came to be called ``The Corps of
Discovery'', was one of the most remarkable and productive
scientific and military exploring expeditions in all American
history;
(2) President Thomas Jefferson gave Lewis and Clark the
mission to ``explore the Missouri River & such principal stream
of it, as, by its course and communication with the waters of
the Pacific Ocean, whether the Columbia, Oregon, Colorado, or
any other river may offer the most direct and practical water
communication across this continent for the purposes of
commerce'';
(3) the Expedition, in response to President Jefferson's
directive, greatly advanced our geographical knowledge of the
continent and prepared the way for the extension of the
American fur trade with American Indian tribes throughout the
land;
(4) President Jefferson directed the explorers to take note
of and carefully record the natural resources of the newly
acquired territory known as Louisiana, as well as diligently
report on the native inhabitants of the land;
(5) the Expedition departed St. Louis, Missouri on May 14,
1804;
(6) the Expedition held its first meeting with American
Indians at Council Bluff near present-day Fort Calhoun,
Nebraska, in August 1804, spent its first winter at Fort
Mandan, North Dakota, crossed the Rocky Mountains by the mouth
of the Columbia River in mid-November of that year, and
wintered at Fort Clatsop, near the present-day city of Astoria,
Oregon;
(7) the Expedition returned to St. Louis, Missouri, on
September 23, 1806, after a 28-month journey covering 8,000
miles during which it traversed 11 future States: Illinois,
Missouri, Kansas, Nebraska, Iowa, North Dakota, South Dakota,
Montana, Idaho, Washington, and Oregon;
(8) accounts from the journals of Lewis and Clark and the
detailed maps that were prepared by the Expedition enhance
knowledge of the western continent and routes for commerce;
(9) the Expedition significantly enhanced amicable
relationships between the United States and the autonomous
American Indian nations, and the friendship and respect
fostered between American Indian tribes and the Expedition
represents the best of diplomacy and relationships between
divergent nations and cultures; and
(10) the Lewis and Clark Expedition has been called the
most perfect expedition of its kind in the history of the world
and paved the way for the United States to become a great world
power.
SEC. 3. COIN SPECIFICATIONS.
(a) Denomination.--In commemoration of the bicentennial of the
Lewis and Clark Expedition, the Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 500,000 $1 coins, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 4. SOURCES OF BULLION.
The Secretary may obtain silver for minting coins under this Act
from any available source, including stockpiles established under the
Strategic and Critical Materials Stock Piling Act.
SEC. 5. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the expedition of Lewis and Clark.
(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 ``2004'' and the
years ``1804-1806''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(3) Obverse of coin.--The obverse of each coin minted under
this Act shall bear the likeness of Meriwether Lewis and
William Clark.
(4) General design.--In designing this coin, the Secretary
shall also consider incorporating appropriate elements from the
Jefferson Peace and Friendship Medal which Lewis and Clark
presented to the Chiefs of the various Indian tribes they
encountered and shall consider recognizing Native American
culture.
(b) Selection.--The design for the coins minted under this Act
shall be selected by the Secretary after consultation with the
Commission of Fine Arts and shall be reviewed by the Citizens
Commemorative Coin Advisory Committee.
SEC. 6. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only one facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the period beginning on January 1, 2004, and
ending on December 31, 2004.
SEC. 7. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Surcharges.--All sales of coins minted under this Act shall
include a surcharge of $10 per coin.
SEC. 8. DISTRIBUTION OF SURCHARGES.
(a) In General.--Subject to section 5134(f) of title 31, United
States Code, the proceeds from the surcharges received by the Secretary
from the sale of coins issued under this Act shall be promptly paid by
the Secretary as follows:
(1) National lewis and clark bicentennial council.--Two-
thirds to the National Lewis and Clark Bicentennial Council,
for activities associated with commemorating the bicentennial
of the Expedition.
(2) National park service.--One-thirds to the National Park
Service for activities associated with commemorating the
bicentennial of the Lewis and Clark Expedition.
(b) Audits.--Each organization that receives any payment from the
Secretary under this section shall be subject to the audit requirements
of section 5134(f)(2) of title 31, United States Code.
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
Passed the House of Representatives July 19, 1999.
Attest:
JEFF TRANDAHL,
Clerk. | Lewis and Clark Expedition Bicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar coins emblematic of the expedition of Lewis and Clark. Allocates surcharges from coin sales between the National Lewis and Clark Bicentennial Council and the National Park Service for activities associated with the bicentennial commemoration of the expedition. | Lewis and Clark Expedition Bicentennial Commemorative Coin Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Child Well-Being Research Act
of 2004''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The well-being of children is a paramount concern for
our Nation and for every State, and most programs for children
and families are managed at the State or local level.
(2) Child well-being varies over time and across social,
economic, and geographic groups, and can be affected by changes
in the circumstances of families, by the economy, by the social
and cultural environment, and by public policies and programs
at both the Federal and State level.
(3) States, including small States, need information about
child well-being that is specific to their State and that is
up-to-date, cost-effective, and consistent across States and
over time.
(4) Regular collection of child well-being information at
the State level is essential so that Federal and State
officials can track child well-being over time.
(5) Information on child well-being is necessary for all
States, particularly small States that do not have State-level
data in other federally supported data bases, such as the
Survey of Income and Program Participation.
(6) Telephone surveys of parents, on the other hand,
represent a relatively cost-effective strategy for obtaining
information on child well-being at the State level for all
States, including small States.
(7) Data from telephone surveys of the population are used
to monitor progress toward many important national goals,
including immunization of preschool children with the National
Immunization Survey, and the identification of health care
issues of children with special needs with the National Survey
of Children with Special Health Care Needs.
(8) A State-level telephone survey can provide information
on a range of topics, including children's social and emotional
development, education, health, safety, family income, family
employment, and child care. Information addressing marriage and
family structure can also be obtained for families with
children. Information obtained from such a survey would not be
available solely for children or families participating in
programs but would be representative of the entire State
population and consequently, would not only inform welfare
policymaking, but policymaking on a range of other important
issues, such as child care, child welfare, and education.
SEC. 3. RESEARCH ON INDICATORS OF CHILD WELL-BEING.
Section 413 of the Social Security Act (42 U.S.C. 613) is amended
by adding at the end the following:
``(k) Indicators of Child Well-Being.--
``(1) In general.--The Secretary, through grants,
contracts, or interagency agreements shall develop
comprehensive indicators to assess child well-being in each
State.
``(2) Requirements.--
``(A) In general.--The indicators developed under
paragraph (1) shall include measures related to the
following:
``(i) Education.
``(ii) Social and emotional development.
``(iii) Health and safety.
``(iv) Family well-being, such as family
structure, income, employment, child care
arrangements, and family relationships.
``(B) Other requirements.--The data collected with
respect to the indicators developed under paragraph (1)
shall be--
``(i) statistically representative at the
State level;
``(ii) consistent across States;
``(iii) collected on an annual basis for at
least the 5 years preceding the year of
collection;
``(iv) expressed in terms of rates or
percentages;
``(v) statistically representative at the
national level;
``(vi) measured with reliability;
``(vii) current; and
``(viii) over-sampled, with respect to low-
income children and families.
``(C) Consultation.--In developing the indicators
required under paragraph (1) and the means to collect
the data required with respect to the indicators, the
Secretary shall consult and collaborate with the
Federal Interagency Forum on Child and Family
Statistics.
``(3) Advisory panel.--
``(A) Establishment.--The Secretary shall establish
an advisory panel to make recommendations regarding the
appropriate measures and statistical tools necessary
for making the assessment required under paragraph (1)
based on the indicators developed under that paragraph
and the data collected with respect to the indicators.
``(B) Membership.--
``(i) In general.--The advisory panel
established under subparagraph (A) shall
consist of the following:
``(I) One member appointed by the
Secretary of Health and Human Services.
``(II) One member appointed by the
Chairman of the Committee on Ways and
Means of the House of Representatives.
``(III) One member appointed by the
Ranking Member of the Committee on Ways
and Means of the House of
Representatives.
``(IV) One member appointed by the
Chairman of the Committee on Finance of
the Senate.
``(V) One member appointed by the
Ranking Member of the Committee on
Finance of the Senate.
``(VI) One member appointed by the
Chairman of the National Governors
Association, or the Chairman's
designee.
``(VII) One member appointed by the
President of the National Conference of
State Legislatures or the President's
designee.
``(VIII) One member appointed by
the Director of the National Academy of
Sciences, or the Director's designee.
``(ii) Deadline.--The members of the
advisory panel shall be appointed not later
than 2 months after the date of enactment of
the State Child Well-Being Research Act of
2004.
``(C) Meetings.--The advisory panel established
under subparagraph (A) shall meet--
``(i) at least 3 times during the first
year after the date of enactment of the State
Child Well-Being Research Act of 2004; and
``(ii) annually thereafter for the 3
succeeding years.
``(4) Authorization of appropriations.--There are
authorized to be appropriated for each of fiscal years 2005
through 2009, $15,000,000 for the purpose of carrying out this
subsection.''. | State Child Well-Being Research Act of 2004 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to require the Secretary of Health and Human Services to develop comprehensive indicators to assess child well-being in each State.
Directs the Secretary to establish an advisory panel to make recommendations regarding the appropriate measures and statistical tools necessary for making such assessment. | A bill to amend part A of title IV of the Social Security Act to require the Secretary of Health and Human Services to conduct research on indicators of child well-being. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hong Kong Reversion Act''.
SEC. 2. STATEMENT OF PURPOSE.
The purpose of this Act is to support the autonomous governance of
Hong Kong and the future well-being of the Hong Kong people by ensuring
the continuity of United States laws with respect to Hong Kong after
its reversion to the People's Republic of China on July 1, 1997, and to
outline circumstances under which the President of the United States
could modify the application of United States laws with respect to Hong
Kong if the People's Republic of China fails to honor its commitment to
give the Special Administrative Region of Hong Kong a high degree of
autonomy.
SEC. 3. FINDINGS.
The Congress makes the following findings:
(1) The Joint Declaration of the Government of the United
Kingdom of Great Britain and Northern Ireland and the
Government of the People's Republic of China on the Question of
Hong Kong, done at Beijing on December 19, 1984, is a binding
international agreement which sets forth the commitments made
by both governments on the reversion of Hong Kong to the
People's Republic of China on July 1, 1997.
(2) The People's Republic of China in the Joint Declaration
pledges, among other things, that ``the Hong Kong Special
Administrative Region will enjoy a high degree of autonomy,
except in foreign and defence affairs. . .,'' that basic human
rights and freedoms ``will be ensured by law. . .,'' and that
``[t]he legislature of the Hong Kong Special Administrative
Region shall be constituted by elections.''.
(3) Senior government officials of the People's Republic of
China have repeatedly assured a smooth transfer of Hong Kong to
Chinese sovereignty, a successful implementation of the ``one
country, two systems'' policy, long-term prosperity for Hong
Kong, and continued respect for the basic rights of the Hong
Kong people.
(4) Despite general assertions guaranteeing the autonomous
governance of Hong Kong, several official acts and statements
by senior officials of the Government of the People's Republic
of China reflect an attempt to infringe upon the current and
future levels of autonomy in Hong Kong. These acts or
statements include, but are not limited to--
(A) initial proposals, which were later withdrawn,
by officials of the Government of the People's Republic
of China to obtain confidential files on civil servants
of the Hong Kong Government or require such civil
servants to take ``loyalty oaths'';
(B) the decision of the Government of the People's
Republic of China to dissolve the democratically
elected Legislative Council on July 1, 1997, and the
appointment of a provisional legislature in December of
1996;
(C) the delineation by officials concerning the
types of speech and association which will be permitted
by the Government of the People's Republic of China
after the reversion;
(D) initial warnings, which were later withdrawn,
to religious institutions not to hold certain
gatherings after the reversion; and
(E) the decision on February 23, 1997, of the
Standing Committee of the National People's Congress of
the People's Republic of China to repeal or amend
certain Hong Kong ordinances, including the Bill of
Rights Ordinance, the Societies Ordinance of 1992
(relating to freedom of association), and the Public
Order Ordinance of 1995 (relating to freedom of
assembly).
(5) The reversion of Hong Kong to the People's Republic of
China has important implications for both United States
national interests and the interests of the Hong Kong people.
The United States Government has a responsibility to ensure
that United States interests are protected during and after
this transition, and it has a profound interest in ensuring
that basic and fundamental human rights of the Hong Kong people
are also protected.
(6) The United States-Hong Kong Policy Act of 1992 sets
forth United States policy concerning Hong Kong's reversion to
the People's Republic of China on July 1, 1997, and Hong Kong's
special status as a Special Administrative Region of that
country. It ensures the continuity of United States laws
regarding Hong Kong while establishing a mechanism in section
202 of that Act whereby the President can modify the
application of United States laws with respect to Hong Kong if
the President ``determines that Hong Kong is not sufficiently
autonomous to justify treatment under a particular law of the
United States, or any provision thereof, different from that
accorded the People's Republic of China''.
(7) One of the principal purposes of the Congress in
enacting the United States Hong Kong Policy Act of 1992 was to
maintain Hong Kong's autonomy by ensuring that the United
States will continue to treat Hong Kong as a distinct legal
entity, separate and apart from the People's Republic of China,
for all purposes, in those areas in which the People's Republic
of China has agreed that Hong Kong will continue to enjoy a
high degree of autonomy, unless the President makes a
determination under section 202 of that Act.
(8) Although the United States Government can have an
impact on ensuring the future autonomy of the Hong Kong
Government and in protecting the well-being of the Hong Kong
people, ultimately the future of Hong Kong will be determined
by the willingness of the Government of the People's Republic
of China to maintain the freedoms now enjoyed by the people of
Hong Kong and to rely on the people of Hong Kong to govern
themselves.
SEC. 4. CONGRESSIONAL DECLARATIONS.
The Congress makes the following declarations:
(1) Recognizing that the United States Government and the
Hong Kong Government have long enjoyed a close and beneficial
working relationship, for example between the United States
Customs Service, the Federal Bureau of Investigation, the Drug
Enforcement Administration, the Immigration and Naturalization
Service, the Secret Service, and their corresponding agencies
of the Hong Kong Government, the United States urges the two
governments to continue their effective cooperation.
(2) Recognizing that the preservation of Hong Kong's
autonomous customs territory has important security and
commercial implications for the United States and the people of
Hong Kong, the United States calls upon the People's Republic
of China to fully respect the autonomy of the Hong Kong customs
territory.
(3) Recognizing that Hong Kong has historically been an
important port of call for United States naval vessels, the
United States urges the Government of the People's Republic of
China to consider in a timely and routine manner United States
requests for port calls at Hong Kong.
(4) Recognizing that Hong Kong enjoys a robust and
professional free press with important guarantees on the
freedom of information, the United States declares that a free
press and access to information are fundamentally important to
the economic and commercial success of Hong Kong and calls upon
the Government of the People's Republic of China to fully
respect these essential rights of the Hong Kong people.
(5) Recognizing that the first fully democratic elections
of a legislature in Hong Kong took place in 1995, following
nearly 150 years of colonial rule, the United States recognizes
that the Joint Declaration of 1984 requires that the Special
Administrative Region legislature ``shall be constituted by
elections'', declares that the failure to have an elected
legislature would be a violation of the Joint Declaration of
1984, and calls upon the Government of the People's Republic of
China to honor its treaty obligations.
(6) Recognizing that the United Kingdom belatedly reformed
Hong Kong laws with respect to the civil rights of the Hong
Kong people, the Hong Kong people have nevertheless long
enjoyed essential rights and freedoms as enumerated in the
Universal Declaration of Human Rights; therefore, the United
States declares that the decision of the National People's
Congress to repeal or amend certain ordinances is a serious
threat to the Hong Kong people's continued enjoyment of their
freedom of association, speech, and other essential human
rights, unless those rights are reestablished no later than
July 1, 1997, and calls upon the National People's Congress to
reconsider its decision.
(7) Recognizing that under the terms of the Joint
Declaration of 1984 the provisions of the International
Covenant on Civil and Political Rights will continue to apply
in Hong Kong, the United States welcomes the public statement
by the Chief Executive-designate of Hong Kong that the
legislation which will replace repealed or amended sections of
the Societies Ordinance and Public Order Ordinance will be the
subject of public consultation, and urges that the new
legislation should reflect both the clearly expressed wishes of
the people of Hong Kong and the provisions of the International
Covenant on Civil and Political Rights.
(8) Recognizing that Hong Kong currently maintains an
efficient capitalist economy and trade system by strictly
adhering to the rule of law, by honoring the sanctity of
contract, and by operating without corruption and with minimum
and transparent regulation, the United States calls upon the
Government of the People's Republic of China to fully respect
the autonomy and independence of the chief executive, the civil
service, the judiciary, the police of Hong Kong, and the
Independent Commission Against Corruption.
SEC. 5. PRESIDENTIAL DETERMINATION UNDER SECTION 202 OF THE UNITED
STATES-HONG KONG POLICY ACT OF 1992 AND ADDITIONAL
REPORTING REQUIREMENTS.
(a) In General.--In determining whether ``Hong Kong is not
sufficiently autonomous to justify treatment under a particular law of
the United States, or any provision thereof, different from that
accorded the People's Republic of China,'' as required by section
202(a) of the United States-Hong Kong Policy Act of 1992, the President
of the United States, based upon the assessments made pursuant to
subsection (b) of this section, as well as other information included
in the reports submitted under section 301 of the United States-Hong
Kong Policy Act of 1992, shall consider the performance of the Hong
Kong Government and the actions of the Government of the People's
Republic of China.
(b) Requirements for Reports to Congress.--The Secretary of State
shall include, in each report required by section 301 of the United
States-Hong Kong Policy Act of 1992, the following:
(1) Successful and timely conclusion of agreements and
treaties.--An assessment by the Secretary of State of whether
the Hong Kong Government or the People's Republic of China, or
both, as the case may be, have cooperated with the United
States Government in securing the following agreements or
treaties:
(A) A bilateral investment treaty.
(B) An extradition treaty.
(C) An agreement on consular access in Hong Kong
for United States citizens comparable to that provided
for in the consular convention between the United
States and the People's Republic of China.
(D) An agreement to preserve the United States
consulate, with privileges and immunities for United
States personnel.
(E) A mutual legal assistance agreement.
(F) A prison transfer agreement.
(G) A civil aviation agreement.
(2) Continued cooperation from the agencies of the hong
kong government.--An assessment by the Secretary of State of
whether agencies of the Hong Kong Government continue to
cooperate with United States Government agencies. The Secretary
of State shall cite in the report any evidence of diminished
cooperation in the areas of customs enforcement, drug
interdiction, and prosecution and prevention of money
laundering, counterfeiting, credit card fraud, and organized
crime.
(3) Preservation of good governance and rule of law in hong
kong.--An assessment by the Secretary of State of whether the
Hong Kong Government remains autonomous and relatively free of
corruption and whether the rule of law is respected in Hong
Kong. The Secretary of State shall cite in the report any--
(A) efforts to annul or curtail the application of
the Bill of Rights of Hong Kong;
(B) efforts to prosecute for violations of, or
broaden the application of, laws against treason,
secession, sedition, and subversion;
(C) acts or threats against nonviolent civil
disobedience;
(D) interference in the autonomy of the chief
executive, the civil service, the judiciary, or the
police;
(E) increased corruption in the Hong Kong
Government; and
(F) efforts to suppress freedom of the press or
restrict the free flow of information.
(4) Preservation of the autonomy of the customs territory
of hong kong.--An assessment by the Secretary of State of
whether the customs territory of Hong Kong is administered in
an autonomous manner. The Secretary of State shall cite in the
report any--
(A) failure to respect United States textile laws
and quotas;
(B) failure to enforce United States export control
laws or export license requirements;
(C) unauthorized diversions from Hong Kong of high
technology exports from the United States to Hong Kong;
(D) unprecedented diversion of Chinese exports
through Hong Kong in order to attain preferential
treatment in United States markets; and
(E) misuse of the customs territory of Hong Kong to
implement the foreign policy or trade goals of the
Government of the People's Republic of China.
SEC. 6. EXTENSION OF CERTAIN PRIVILEGES, EXEMPTIONS, AND IMMUNITIES TO
HONG KONG ECONOMIC AND TRADE OFFICES.
(a) Application of International Organizations Immunities Act.--The
provisions of the International Organizations Immunities Act (22 U.S.C.
288 et seq.) may be extended to the Hong Kong Economic and Trade
Offices in the same manner, to the same extent, and subject to the same
conditions as such provisions may be extended to a public international
organization in which the United States participates pursuant to any
treaty or under the authority of any Act of Congress authorizing such
participation or making an appropriation for such participation.
(b) Application of International Agreement on Certain State and
Local Taxation.--The President is authorized to apply the provisions of
Article I of the Agreement on State and Local Taxation of Foreign
Employees of Public International Organizations, done at Washington,
D.C. on April 21, 1994, to the Hong Kong Economic and Trade Offices.
(c) Definition.--The term ``Hong Kong Economic and Trade Offices''
refers to Hong Kong's official economic and trade missions in the
United States.
Passed the House of Representatives March 11, 1997.
Attest:
ROBIN H. CARLE,
Clerk. | Hong Kong Reversion Act - Directs the President to consider the performance of the Hong Kong Government and the actions of the Chinese Government when determining whether Hong Kong is not sufficiently autonomous to justify treatment under a particular U.S. law different from that accorded China as required under the United States-Hong Kong Policy Act of 1992. Directs the Secretary of State to include in each annual report to the Congress on conditions in Hong Kong, among other things, assessments of: (1) Hong Kong's or China's cooperation in securing certain agreements with the United States; and (2) the autonomy of Hong Kong and its customs territory (including any unprecedented diversion of Chinese exports through Hong Kong in order to attain preferential treatment in U.S. markets). Authorizes extension of the International Organizations Immunities Act to the Hong Kong Economic and Trade Offices (Hong Kong's official economic and trade missions in the United States) in the same manner as such Act may be extended to a public international organization in which the United States participates pursuant to any treaty or Act of the Congress. Authorizes the President to apply to such Offices certain provisions of the Agreement on State and Local Taxation of Foreign Employees of Public International Organizations. | Hong Kong Reversion Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Veterans Exposed to Burn
Pits Act''.
SEC. 2. ESTABLISHMENT OF CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS,
MITIGATION, TREATMENT, AND REHABILITATION OF HEALTH
CONDITIONS RELATING TO EXPOSURE TO BURN PITS AND OTHER
ENVIRONMENTAL EXPOSURES.
(a) In General.--Subchapter II of chapter 73 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7330C. Center of excellence in prevention, diagnosis,
mitigation, treatment, and rehabilitation of health
conditions relating to exposure to burn pits and other
environmental exposures
``(a) Establishment.--(1) The Secretary shall establish within the
Department a center of excellence in the prevention, diagnosis,
mitigation, treatment, and rehabilitation of health conditions relating
to exposure to burn pits and other environmental exposures to carry out
the responsibilities specified in subsection (d).
``(2) The Secretary shall establish the center of excellence under
paragraph (1) through the use of--
``(A) the directives and policies of the Department in
effect as of the date of the enactment of the Helping Veterans
Exposed to Burn Pits Act;
``(B) the recommendations of the Comptroller General of the
United States and Inspector General of the Department in effect
as of such date; and
``(C) guidance issued by the Secretary of Defense under
section 313 of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 1074 note).
``(b) Selection of Site.--In selecting the site for the center of
excellence established under subsection (a), the Secretary shall
consider entities that--
``(1) are equipped with the specialized equipment needed to
study, diagnose, and treat health conditions relating to
exposure to burn pits and other environmental exposures;
``(2) have a track record of publishing information
relating to post-deployment health exposures among veterans who
served in the Armed Forces in support of Operation Iraqi
Freedom and Operation Enduring Freedom;
``(3) have access to animal models and in vitro models of
dust immunology and lung injury consistent with the injuries of
members of the Armed Forces who served in support of Operation
Iraqi Freedom and Operation Enduring Freedom; and
``(4) have expertise in allergy, immunology, and pulmonary
diseases.
``(c) Collaboration.--The Secretary shall ensure that the center of
excellence collaborates, to the maximum extent practicable, with the
Secretary of Defense, institutions of higher education, and other
appropriate public and private entities (including international
entities) to carry out the responsibilities specified in subsection
(d).
``(d) Responsibilities.--The center of excellence shall have the
following responsibilities:
``(1) To provide for the development, testing, and
dissemination within the Department of best practices for the
treatment of health conditions relating to exposure to burn
pits and other environmental exposures.
``(2) To provide guidance for the health systems of the
Department and the Department of Defense in determining the
personnel required to provide quality health care for members
of the Armed Forces and veterans with health conditions
relating to exposure to burn pits and other environmental
exposures.
``(3) To establish, implement, and oversee a comprehensive
program to train health professionals of the Department and the
Department of Defense in the treatment of health conditions
relating to exposure to burn pits and other environmental
exposures.
``(4) To facilitate advancements in the study of the short-
term and long-term effects of exposure to burn pits and other
environmental exposures.
``(5) To disseminate within medical facilities of the
Department best practices for training health professionals
with respect to health conditions relating to exposure to burn
pits and other environmental exposures.
``(6) To conduct basic science and translational research
on health conditions relating to exposure to burn pits and
other environmental exposures for the purposes of understanding
the etiology of such conditions and developing preventive
interventions and new treatments.
``(7) To provide medical treatment to veterans diagnosed
with medical conditions specific to exposure to burn pits and
other environmental exposures.
``(e) Use of Burn Pits Registry Data.--In carrying out its
responsibilities under subsection (d), the center of excellence shall
have access to and make use of the data accumulated by the burn pits
registry established under section 201 of the Dignified Burial and
Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260;
38 U.S.C. 527 note).
``(f) Definitions.--In this section:
``(1) The term `burn pit' means an area of land located in
Afghanistan or Iraq that--
``(A) is designated by the Secretary of Defense to
be used for disposing solid waste by burning in the
outdoor air; and
``(B) does not contain a commercially manufactured
incinerator or other equipment specifically designed
and manufactured for the burning of solid waste.
``(2) The term `other environmental exposures' means
exposure to environmental hazards, including burn pits, dust or
sand, hazardous materials, and waste at any site in Afghanistan
or Iraq that emits smoke containing pollutants present in the
environment or smoke from fires or explosions.
``(g) Funding.--(1) There is authorized to be appropriated to carry
out this section $4,100,000 for each of the first five fiscal years
beginning after the date of the enactment of the Helping Veterans
Exposed to Burn Pits Act.
``(2) The Secretary may award additional amounts on a competitive
basis to the center of excellence from the medical and prosthetics
research account of the Department for the purpose of conducting
research under this section relating to clinical and scientific
investigation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 73 of such title is amended by inserting after the item
relating to section 7330B the following new item:
``7330C. Center of excellence in prevention, diagnosis, mitigation,
treatment, and rehabilitation of health
conditions relating to exposure to burn
pits and other environmental exposures.''. | Helping Veterans Exposed to Burn Pits Act This bill directs the Department of Veterans Affairs (VA) to establish a center of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of health conditions relating to exposure to burn pits and other environmental exposures in Afghanistan or Iraq. The VA shall, in selecting the center's site, consider entities that: are equipped with the specialized equipment needed to study, diagnose, and treat health conditions relating to such exposure; have a track record of publishing information on post-deployment health exposures among veterans who served in support of Operation Iraqi Freedom and Operation Enduring Freedom; have access to animal models and in vitro models of dust immunology and lung injury consistent with the injuries of members of the Armed Forces who served in support of such operations; and have expertise in allergy, immunology, and pulmonary diseases. The VA shall ensure that the center collaborates with the Department of Defense (DOD), institutions of higher education, and other appropriate public and private entities to: provide for dissemination within the VA of best practices for the treatment of such conditions and the training of health professionals, provide guidance for the VA and DOD health systems in determining the personnel required to provide quality health care for members of the Armed Forces and veterans with such conditions, establish, and oversee a program to train VA and DOD health professionals in the treatment of such conditions, facilitate advancements in the study of the short-term and long-term effects of such exposure, conduct basic science and translational research on such conditions for the purposes of understanding the etiology of such conditions and developing preventive interventions and new treatments, and provide medical treatment to veterans diagnosed with medical conditions specific to exposure to burn pits and other environmental exposures. The center shall have access to and make use of the data accumulated by the burn pits registry. | Helping Veterans Exposed to Burn Pits Act |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Christopher Bryski
Student Loan Protection Act'' or ``Christopher's Law''.
(b) Findings.--Congress finds the following:
(1) According to the Bureau of Consumer Financial
Protection (hereafter referred to as the ``CFPB'') Student Loan
Ombudsman:
(A) ``The CFPB received more than 3,100 private
student loan complaints and approximately 1,100 debt
collection complaints related to student loans between
October 1, 2014, and March 31, 2015.''.
(B) ``Co-signers complain that information about
discharge or alternative arrangements in the case of
death of the primary borrower is not readily available
and that decisions are made on a case-by-case basis,
giving co-signers little understanding of how the
process works, or if they will be successful.''.
(C) ``The complaints and input received by the CFPB
resemble many of the same issues experienced by
mortgage borrowers, such as improper application of
payments, untimeliness in error resolution, and
inability to contact appropriate personnel in times of
hardship.''.
(D) ``The difference between federal and private
student loans in periods of disability was not well-
understood.''.
(2) An estimated 1,700,000 people sustain a traumatic brain
injury each year, with older adolescents aged 15 to 19 years
old more likely to sustain a traumatic brain injury than other
age groups.
(3) It has been estimated that the annual incidence of
spinal cord injury, not including those who die at the scene of
an accident, is approximately 40 cases per 1,000,000 people in
the United States or approximately 12,000 new cases each year.
These injuries can lead to permanent disability or loss of
movement and can prohibit the victim from engaging in any
substantial gainful activity.
(4) According to the CFPB, more than 90 percent of new
private student loans are co-signed.
(5) According to the CFPB, private student loan companies
provide co-signer release to less than 1 percent of eligible
borrowers.
SEC. 2. ADDITIONAL STUDENT LOAN PROTECTIONS.
(a) In General.--Section 140 of the Truth in Lending Act (15 U.S.C.
1650) is amended by adding at the end the following:
``(g) Additional Protections Relating to Borrower or Co-Signer of a
Private Education Loan.--
``(1) Clear and conspicuous description of borrower's and
co-signer's obligation.--In the case of any private educational
lender who extends a private education loan, the lender shall
clearly and conspicuously describe, in writing, the co-signer's
obligations with respect to the loan, including the effect the
death, disability, or inability to engage in any substantial
gainful activity of the borrower or any co-signer would have on
any such obligation, in language that the Bureau determines
would give a reasonable person a reasonable understanding of
the obligation being assumed by becoming a co-signer for the
loan.
``(2) Prohibition on automatic default with respect to a
performing loan.--
``(A) Death, disability, or bankruptcy of co-
signer.--If a private education loan includes a co-
signer, a private educational lender may not take any
adverse action (including declaring a default,
accelerating any loan obligation, increasing the
interest rate, or altering any obligations under the
private education loan in a way that is adverse to the
borrower) against the borrower based on the death,
disability, or inability to engage in any substantial
gainful activity or bankruptcy of a co-signer.
``(B) Death, disability, or bankruptcy of
borrower.--If a private education loan includes a co-
signer, a private educational lender may not take any
adverse action (including declaring a default,
accelerating any loan obligation, increasing the
interest rate, or altering any obligations under the
private education loan in a way that is adverse to any
co-signer) against the co-signer based on the death,
disability, or inability to engage in any substantial
gainful activity, or bankruptcy of the borrower.
``(3) Co-signer release.--
``(A) Requirements for automatic release of co-
signer.--
``(i) Criteria established by the bureau.--
Not later than 180 days after the date of
enactment of this subsection, the Bureau shall
establish criteria, which if met by the
borrower of a private education loan, the
private educational lender or servicer of the
private education loan shall promptly release
any co-signer from the obligations of the co-
signer under the loan without requiring any
action on behalf of the borrower.
``(ii) Criteria established by lender.--A
private educational lender may establish
criteria for automatic release that are
different from the criteria described in clause
(i) if the criteria established by the lender
are not more restrictive with respect to the
borrower or any co-signer of the private
education loan than the criteria established
under clause (i).
``(B) Disclosure of criteria for co-signer
release.--A private educational lender shall--
``(i) include in the promissory note of a
private education loan the criteria under which
a co-signer may be released from the obligation
of the co-signer under a private education loan
under this subparagraph; and
``(ii) disclose to the borrower and any co-
signer at the time the private education loan
is consummated, clearly and conspicuously, the
criteria under which a co-signer may be
released from the obligation of the co-signer
under a private education loan.
``(C) Modifications to criteria.--The private
educational lender, or servicer of a private education
loan, as applicable, may not modify the criteria under
which a co-signer may be released from the obligation
of the co-signer under a private education loan if the
modification would be adverse to the borrower without
the consent of the borrower and applicable co-signer.
``(D) Notification on release.--A private
educational lender, or servicer, as applicable, shall
promptly notify the borrower and any co-signers for a
private education loan if a co-signer is released from
the obligations of the co-signer under the private
education loan under this subparagraph.
``(E) Modification of evaluation of
creditworthiness, credit standing, or credit
capacity.--In determining whether the criteria for a
co-signer release are met, a private educational lender
or servicer of a private education loan, as applicable,
may not evaluate the creditworthiness, credit standing,
or credit capacity of the borrower or a co-signer of
the private education loan using a standard that would
be more adverse to the borrower or co-signer, as
applicable, than the standard the private educational
lender used to evaluate the creditworthiness, credit
standing, or credit capacity of the borrower or co-
signer on the date on which the private education loan
was consummated.
``(4) Designation of individual to act on behalf of the
borrower.--In the case of any private educational lender who
extends a private education loan, the lender shall provide the
borrower an option to designate an individual to have the legal
authority to act on behalf of the borrower with respect to the
private education loan in the event of the borrower's death,
disability, or inability to engage in any substantial gainful
activity.
``(5) Counseling.--In the case of any private educational
lender who extends a private education loan, the lender shall
ensure that the borrower, and any co-signer, receives
comprehensive information on the terms and conditions of the
loan and of the responsibilities the borrower has with respect
to such loan, including the information described under
subparagraphs (H), (I), (K), (L), (M), and (N) of section
485(l)(2) of the Higher Education Act of 1965 (20 U.S.C.
1092(l)(2)).
``(6) Model form.--The Bureau shall publish a model form
under section 105 for describing a co-signer's obligation for
purposes of paragraph (1).
``(7) Definition of death, disability, or inability to
engage in any substantial gainful activity.--For the purposes
of this subsection with respect to a borrower or co-signer, the
term `death, disability, or inability to engage in any
substantial gainful activity'--
``(A) means any condition described in section
437(a) of the Higher Education Act of 1965 (20 U.S.C.
1087(a)); and
``(B) shall be interpreted by the Bureau in such a
manner as to conform with the regulations prescribed by
the Secretary of Education under section 437(a) of such
Act (20 U.S.C. 1087(a)) to the fullest extent
practicable, including safeguards to prevent fraud and
abuse.''.
(b) Definitions.--Subsection (a) of section 140 of the Truth in
Lending Act (15 U.S.C. 1650(a)) is amended--
(1) by redesignating paragraphs (1) through (8) as
paragraphs (2) through (9), respectively; and
(2) by inserting before paragraph (2) (as redesignated by
paragraph (1)) the following:
``(1) the term `co-signer'--
``(A) means any individual who is liable for the
obligation of another without compensation, regardless
of how designated in the contract or instrument;
``(B) includes any person whose signature is
requested as condition to grant credit or to forbear on
collection; and
``(C) does not include a spouse of an individual
referred to in subparagraph (A) whose signature is
needed to perfect the security interest in the loan;''.
(c) Rulemaking.--Not later than the end of the 1-year period
following the date of the enactment of this Act, the Bureau of Consumer
Financial Protection shall issue regulations to carry out section
140(g) of the Truth in Lending Act.
SEC. 3. FEDERAL STUDENT LOANS.
(a) Counseling Information.--Section 485(l)(2) of the Higher
Education Act of 1965 (20 U.S.C. 1092(l)(2)) is amended by adding at
the end the following:
``(L) Information on the conditions required to
discharge the loan due to the death, disability, or
inability to engage in any substantial gainful activity
of the borrower in accordance with section 437(a).
``(M) Any repayment, refinance, deferment,
forbearance, or forgiveness opportunities available to
the borrower, or co-signer, in the event of either
individual's death, disability, or inability to engage
in any substantial gainful activity.
``(N) The effect that the death, disability, or
inability to engage in any substantial gainful activity
of the borrower would have on the obligations of the
borrower and any co-signer of the loan.''.
(b) Designation of Individual To Act on Behalf of the Borrower.--
Section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091) is
amended--
(1) in subsection (a), by striking paragraph (4) and
inserting the following:
``(4) file with the Secretary, as part of the original
financial aid application process, a certification, which need
not be notarized, but which--
``(A) shall include--
``(i) a statement of educational purpose
stating that the money attributable to such
grant, loan, or loan guarantee will be used
solely for expenses related to attendance or
continued attendance at such institution; and
``(ii) such student's social security
number; and
``(B) may include a designation by such student of
an individual who shall have the legal authority to act
on behalf of the student with respect to any loan to
the student under this title in the event of the
student's death, disability, or inability to engage in
any substantial gainful activity;''; and
(2) by adding at the end the following:
``(u) Option To Designate Individual To Act on Behalf of the
Borrower in Clear and Conspicuous Manner.--The option for a student to
make a designation described in subsection (a)(4)(B) shall be provided
in a clear and conspicuous manner to the student.''.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act, or an amendment made by this Act, shall be
construed to adversely affect the eligibility of a student to receive
any grant, loan, or work assistance under part C or part G of title IV
of the Higher Education Act of 1965 (42 U.S.C. 2751 et seq. and 20
U.S.C. 1088 et seq.) based on a designation, or lack thereof, under
section 484(a)(4)(B) of that Act, as added by section 3(b) of this Act. | Christopher Bryski Student Loan Protection Act or Christopher's Law This bill amends the Truth in Lending Act to require a private student loan lender to disclose clearly and conspicuously in writing a cosigner's obligations regarding a private student loan. The Consumer Financial Protection Bureau (CFPB) must publish a model form for such disclosure. The bill prohibits a private student loan lender from taking an adverse action against a borrower (e.g., placing a loan in default or accelerating a loan balance) upon a cosigner's death, disability, or bankruptcy. It also prohibits adverse actions against a cosigner for a borrower's death, disability, or bankruptcy. The CFPB must establish and a private student loan lender must disclose criteria for releasing a cosigner from a private student loan obligation. A private student loan lender must also: provide prompt notice of a cosigner's release; allow a borrower to designate a legal representative to make decisions upon the death or disability of such borrower; and ensure a borrower and cosigner receive comprehensive counseling on the terms, conditions, and responsibilities of a private student loan. Additionally, this bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to expand the required elements of entrance counseling for a federal student loan borrower to include: conditions for loan discharge upon the death or disability of a borrower, options for loan repayment and forgiveness upon the death or disability of a borrower or cosigner, and obligations of a borrower or cosigner upon the death or disability of a borrower. It requires clear and conspicuous disclosure of a student's option to designate a legal representative to make decisions about a federal student loan upon such student's death or disability. | Christopher's Law |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Max Cleland Minority Serving
Institution Digital and Wireless Technology Opportunity Act''.
SEC. 2. ESTABLISHMENT OF OFFICE.
(a) In General.--There is established within the National Science
Foundation an Office of Minority Serving Institution Digital and
Wireless Technology to carry out the provisions of this Act.
(b) Purpose.--The Office shall--
(1) strengthen the ability of eligible institutions to
provide capacity for instruction in digital and wireless
network technologies by providing grants to, or executing
contracts or cooperative agreements with, those institutions to
provide such instruction; and
(2) strengthen the national digital and wireless
infrastructure by increasing national investment in
telecommunications and technology infrastructure at eligible
institutions.
SEC. 3. ACTIVITIES SUPPORTED.
An eligible institution shall use a grant, contract, or cooperative
agreement awarded under this Act--
(1) to acquire equipment, instrumentation, networking
capability, hardware and software, digital network technology,
wireless technology, and infrastructure;
(2) to develop and provide educational services, including
faculty development, related to science, mathematics,
engineering, or technology;
(3) to provide teacher education, library and media
specialist training, and preschool and teacher aid
certification to individuals who seek to acquire or enhance
technology skills in order to use technology in the classroom
or instructional process;
(4) to implement joint projects and consortia to provide
education regarding technology in the classroom with a State or
State education agency, local education agency, community-based
organization, national non-profit organization, or business,
including minority businesses;
(5) to provide professional development in science,
mathematics, engineering, or technology to administrators and
faculty of eligible institutions with institutional
responsibility for technology education;
(6) to provide capacity-building technical assistance to
eligible institutions through remote technical support,
technical assistance workshops, distance learning, new
technologies, and other technological applications;
(7) to foster the use of information communications
technology to increase scientific, mathematical, engineering,
and technology instruction and research; and
(8) to develop proposals to be submitted under this Act and
to develop strategic plans for information technology
investments.
SEC. 4. APPLICATION AND REVIEW PROCEDURE.
(a) In General.--To be eligible to receive a grant, contract, or
cooperative agreement under this Act, an eligible institution shall
submit an application to the Director at such time, in such manner, and
accompanied by such information as the Director may reasonably require.
The Director, in consultation with the advisory council established
under subsection (b), shall establish a procedure by which to accept
and review such applications and publish an announcement of such
procedure, including a statement regarding the availability of funds,
in the Federal Register.
(b) Advisory Council.--The Director shall establish an advisory
council to advise the Director on the best approaches for involving
eligible institutions in the activities described in section 3, and for
reviewing and evaluating proposals submitted to the program. In
selecting the members of the advisory council, the Director may consult
with representatives of appropriate organizations, including
representatives of eligible institutions, to ensure that the membership
of the advisory council reflects participation by technology and
telecommunications institutions, minority businesses, eligible
institution communities, Federal agency personnel, and other
individuals who are knowledgeable about eligible institutions and
technology issues. Any panel assembled to review a proposal submitted
to the program shall include members from minority serving
institutions. Program review criteria shall include consideration of--
(1) demonstrated need for assistance under this Act; and
(2) diversity among the types of institutions receiving
assistance under this Act.
(c) Data Collection.--An eligible institution that receives a
grant, contract, or cooperative agreement under section 2 shall provide
the Office with any relevant institutional statistical or demographic
data requested by the Office.
(d) Information Dissemination.--The Director shall convene an
annual meeting of eligible institutions receiving grants, contracts, or
cooperative agreements under section 2 for the purposes of--
(1) fostering collaboration and capacity-building
activities among eligible institutions; and
(2) disseminating information and ideas generated by such
meetings.
SEC. 5. MATCHING REQUIREMENT.
The Director may not award a grant, contract, or cooperative
agreement to an eligible institution under this Act unless such
institution agrees that, with respect to the costs to be incurred by
the institution in carrying out the program for which the grant,
contract, or cooperative agreement was awarded, such institution will
make available (directly or through donations from public or private
entities) non-Federal contributions in an amount equal to 25 percent of
the amount of the grant, contract, or cooperative agreement awarded by
the Director, or $500,000, whichever is the lesser amount. The Director
shall waive the matching requirement for any institution or consortium
with no endowment, or an endowment that has a current dollar value
lower than $50,000,000.
SEC. 6. LIMITATIONS.
(a) In General.--An eligible institution that receives a grant,
contract, or cooperative agreement under this Act that exceeds
$2,500,000, shall not be eligible to receive another grant, contract,
or cooperative agreement under this Act until every other eligible
institution that has applied for a grant, contract, or cooperative
agreement under this Act has received such a grant, contract, or
cooperative.
(b) Awards Administered by Eligible Institution.--Each grant,
contract, or cooperative agreement awarded under this Act shall be made
to, and administered by, an eligible institution, even when it is
awarded for the implementation of a consortium or joint project.
SEC. 7. ANNUAL REPORT AND EVALUATION.
(a) Annual Report Required From Recipients.--Each institution that
receives a grant, contract, or cooperative agreement under this Act
shall provide an annual report to the Director on its use of the grant,
contract, or cooperative agreement.
(b) Evaluation by Director.--The Director, in consultation with the
Secretary of Education, shall--
(1) review the reports provided under subsection (a) each
year; and
(2) evaluate the program authorized by section 3 on the
basis of those reports every 2 years.
(c) Contents of Evaluation.--The Director, in the evaluation, shall
describe the activities undertaken by those institutions and shall
assess the short-range and long-range impact of activities carried out
under the grant, contract, or cooperative agreement on the students,
faculty, and staff of the institutions.
(d) Report to Congress.--The Director shall submit a report to the
Congress based on the evaluation. In the report, the Director shall
include such recommendations, including recommendations concerning the
continuing need for Federal support of the program, as may be
appropriate.
SEC. 8. DEFINITIONS.
In this Act:
(1) Eligible Institution.--The term ``eligible
institution'' means an institution that is--
(A) a historically Black college or university that
is a part B institution, as defined in section 322(2)
of the Higher Education Act of 1965 (20 U.S.C.
1061(2));
(B) a Hispanic-serving institution, as defined in
section 502(a)(5) of the Higher Education Act of 1965
(20 U.S.C. 1101a(a)(5));
(C) a tribally controlled college or university, as
defined in section 316(b)(3) of the Higher Education
Act of 1965 (20 U.S.C. 1059c(b)(3));
(D) an Alaska Native-serving institution under
section 317(b) of the Higher Education Act of 1965 (20
U.S.C. 1059d(b));
(E) a Native Hawaiian-serving institution under
section 317(b) of the Higher Education Act of 1965 (20
U.S.C. 1059d(b)); or
(F) an institution determined by the Director, in
consultation with the Secretary of Education, to have
enrolled a substantial number of minority, low-income
students during the previous academic year who received
assistance under subpart I of part A of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070a et seq.)
for that year.
(2) Director.--The term ``Director'' means the Director of
the National Science Foundation.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Director of the
National Science Foundation $250,000,000 for each of the fiscal years
2008 through 2012 to carry out this Act. | Max Cleland Minority Serving Institution Digital and Wireless Technology Opportunity Act - Establishes in the Department of Commerce an Office of Minority Serving Institution Digital and Wireless Technology to: (1) award grants, contracts, or cooperative agreements (assistance) to eligible institutions to provide educational instruction in digital and wireless network technologies; and (2) strengthen the national digital and wireless infrastructure by increasing national investment in telecommunications and technology infrastructure at eligible institutions.
Requires the Secretary of Commerce to establish an advisory council on the best approaches for involving eligible institutions in supported activities and for reviewing and evaluating submitted proposals. Requires the council to include members from minority serving institutions. Makes the following institutions eligible for such assistance: (1) a historically Black college or university; (2) a Hispanic-, Alaska Native-, or Native Hawaiian-serving institution; (3) a tribally controlled college or university; or (4) an institution determined to have enrolled a substantial number of minority, low-income students who received assistance under the Higher Education Act of 1965. Provides a matching funds requirement. | A bill to establish a digital and wireless network technology program, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Identity Theft Penalty Enhancement
Act''.
SEC. 2. AGGRAVATED IDENTITY THEFT.
(a) In General.--Chapter 47 of title 18, United States Code, is
amended by adding after section 1028, the following:
``Sec. 1028A. Aggravated identity theft
``(a) Offenses.--
``(1) In general.--Whoever, during and in relation to any
felony violation enumerated in subsection (c), knowingly transfers,
possesses, or uses, without lawful authority, a means of
identification of another person shall, in addition to the
punishment provided for such felony, be sentenced to a term of
imprisonment of 2 years.
``(2) Terrorism offense.--Whoever, during and in relation to
any felony violation enumerated in section 2332b(g)(5)(B),
knowingly transfers, possesses, or uses, without lawful authority,
a means of identification of another person or a false
identification document shall, in addition to the punishment
provided for such felony, be sentenced to a term of imprisonment of
5 years.
``(b) Consecutive Sentence.--Notwithstanding any other provision of
law--
``(1) a court shall not place on probation any person convicted
of a violation of this section;
``(2) except as provided in paragraph (4), no term of
imprisonment imposed on a person under this section shall run
concurrently with any other term of imprisonment imposed on the
person under any other provision of law, including any term of
imprisonment imposed for the felony during which the means of
identification was transferred, possessed, or used;
``(3) in determining any term of imprisonment to be imposed for
the felony during which the means of identification was
transferred, possessed, or used, a court shall not in any way
reduce the term to be imposed for such crime so as to compensate
for, or otherwise take into account, any separate term of
imprisonment imposed or to be imposed for a violation of this
section; and
``(4) a term of imprisonment imposed on a person for a
violation of this section may, in the discretion of the court, run
concurrently, in whole or in part, only with another term of
imprisonment that is imposed by the court at the same time on that
person for an additional violation of this section, provided that
such discretion shall be exercised in accordance with any
applicable guidelines and policy statements issued by the
Sentencing Commission pursuant to section 994 of title 28.
``(c) Definition.--For purposes of this section, the term `felony
violation enumerated in subsection (c)' means any offense that is a
felony violation of--
``(1) section 641 (relating to theft of public money, property,
or rewards), section 656 (relating to theft, embezzlement, or
misapplication by bank officer or employee), or section 664
(relating to theft from employee benefit plans);
``(2) section 911 (relating to false personation of
citizenship);
``(3) section 922(a)(6) (relating to false statements in
connection with the acquisition of a firearm);
``(4) any provision contained in this chapter (relating to
fraud and false statements), other than this section or section
1028(a)(7);
``(5) any provision contained in chapter 63 (relating to mail,
bank, and wire fraud);
``(6) any provision contained in chapter 69 (relating to
nationality and citizenship);
``(7) any provision contained in chapter 75 (relating to
passports and visas);
``(8) section 523 of the Gramm-Leach-Bliley Act (15 U.S.C.
6823) (relating to obtaining customer information by false
pretenses);
``(9) section 243 or 266 of the Immigration and Nationality Act
(8 U.S.C. 1253 and 1306) (relating to willfully failing to leave
the United States after deportation and creating a counterfeit
alien registration card);
``(10) any provision contained in chapter 8 of title II of the
Immigration and Nationality Act (8 U.S.C. 1321 et seq.) (relating
to various immigration offenses); or
``(11) section 208, 811, 1107(b), 1128B(a), or 1632 of the
Social Security Act (42 U.S.C. 408, 1011, 1307(b), 1320a-7b(a), and
1383a) (relating to false statements relating to programs under the
Act).''.
(b) Amendment to Chapter Analysis.--The table of sections for
chapter 47 of title 18, United States Code, is amended by inserting
after the item relating to section 1028 the following new item:
``1028A. Aggravated identity theft.''.
(c) Application of Definitions From Section 1028.--Section 1028(d)
of title 18, United States Code, is amended by inserting ``and section
1028A'' after ``In this section''.
SEC. 3. AMENDMENTS TO EXISTING IDENTITY THEFT PROHIBITION.
Section 1028 of title 18, United States Code, is amended--
(1) in subsection (a)(7)--
(A) by striking ``transfers'' and inserting ``transfers,
possesses,''; and
(B) by striking ``abet,'' and inserting ``abet, or in
connection with,'';
(2) in subsection (b)(1)(D), by striking ``transfer'' and
inserting ``transfer, possession,'';
(3) in subsection (b)(2), by striking ``three years'' and
inserting ``5 years''; and
(4) in subsection (b)(4), by inserting after ``facilitate'' the
following: ``an act of domestic terrorism (as defined under section
2331(5) of this title) or''.
SEC. 4. AGGREGATION OF VALUE FOR PURPOSES OF SECTION 641.
The penultimate paragraph of section 641 of title 18 of the United
States Code is amended by inserting ``in the aggregate, combining
amounts from all the counts for which the defendant is convicted in a
single case,'' after ``value of such property'' .
SEC. 5. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.
(a) In General.--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 review and amend its
guidelines and its policy statements to ensure that the guideline
offense levels and enhancements appropriately punish identity theft
offenses involving an abuse of position.
(b) Requirements.--In carrying out this section, the United States
Sentencing Commission shall do the following:
(1) Amend U.S.S.G. section 3B1.3 (Abuse of Position of Trust of
Use of Special Skill) to apply to and punish offenses in which the
defendant exceeds or abuses the authority of his or her position in
order to obtain unlawfully or use without authority any means of
identification, as defined section 1028(d)(4) of title 18, United
States Code.
(2) Ensure reasonable consistency with other relevant
directives, other sentencing guidelines, and statutory provisions.
(3) Make any necessary and conforming changes to the sentencing
guidelines.
(4) Ensure that the guidelines adequately meet the purposes of
sentencing set forth in section 3553(a)(2) of title 18, United
States Code.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
In addition to any other sums authorized to be appropriated for
this purpose, there is authorized to be appropriated to the Department
of Justice, for the investigation and prosecution of identity theft and
related credit card and other fraud cases constituting felony
violations of law, $2,000,000 for fiscal year 2005 and $2,000,000 for
each of the 4 succeeding fiscal years.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Identity Theft Penalty Enhancement Act - (Sec. 2) Amends the Federal criminal code to establish penalties for aggravated identity theft. Prescribes sentences, to be imposed in addition to the punishments provided for the related felonies, of: (1) two years' imprisonment for knowingly transferring, possessing, or using, without lawful authority, a means of identification of another person during and in relation to specified felony violations (including theft of public property, theft by a bank officer or employee, theft from employee benefit plans, various fraud and immigration offenses, and false statements regarding Social Security and Medicare benefits); and (2) five years' imprisonment for knowingly taking such action with respect to a means of identification or a false identification document during and in relation to specified felony violations pertaining to terrorist acts. Prohibits a court from: (1) placing any person convicted of such a violation on probation; (2) reducing any sentence for the related felony to take into account the sentence imposed for such a violation; or (3) providing for concurrent terms of imprisonment for a violation of this Act and a violation under any other Act.
(Sec. 3) Expands the existing identify theft prohibition to: (1) cover possession of a means of identification of another with intent to commit specified unlawful activity; (2) increase penalties for violations; and (3) include acts of domestic terrorism within the scope of a prohibition against facilitating an act of international terrorism.
(Sec. 4) Modifies provisions regarding embezzlement and theft of public money, property, or records to provide for combining amounts from all the counts for which the defendant is convicted in a single case for purposes of determining which penalties apply.
(Sec. 5) Directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements to ensure that the guideline offense levels and enhancements appropriately punish identity theft offenses involving an abuse of position.
(Sec. 6) Authorizes appropriations to the Department of Justice for the investigation and prosecution of identity theft and related credit card and other fraud cases constituting felonies. | To amend title 18, United States Code, to establish penalties for aggravated identity theft, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Housing Asset Management
Improvement Act of 2008''.
SEC. 2. REVISIONS TO ASSET MANAGEMENT RULES AND RELATED FEES.
(a) Management and Related Fees.--The Secretary of Housing and
Urban Development shall not impose any restriction or limitation on the
amount of management and related fees with respect to a public housing
project if the fee is determined to be reasonable by the public housing
agency, unless such restriction or limitation imposed by the Secretary
on such fees--
(1) is determined pursuant to a negotiated rulemaking which
is convened by the Secretary no earlier than April 1, 2009, and
in accordance with subchapter III of chapter 5 of title 5,
United States Code, with representatives from interested
parties; and
(2) is effective only on or after January 1, 2011.
The Secretary may not consider a public housing agency as failing to
comply with the asset management requirements of subpart H of part 990
of title 24 of the Code of Federal Regulations, or any successor or
amended regulation containing asset management requirements, or
determine that an agency fails to comply with such requirements,
because of or as a result of the agency determining its fees in
accordance with this subsection.
(b) Increase of Threshold for Exemption From Asset Management
Requirements.--
(1) Increase.--Any public housing agency that owns or
operates fewer than 500 public housing units under title I of
the United States Housing Act of 1937 may elect to be exempt
from any asset management requirement imposed by the Secretary
of Housing and Urban Development.
(2) Determination of operating fund allocation.--If a
public housing agency elects pursuant to paragraph (1) to be
exempt from asset management requirements, the agency may, at
its option, retain the same number of separate public housing
projects, for purposes of determining its operating fund
allocation, as the agency had identified and the Secretary of
Housing and Urban Development had approved before the agency's
election to be so exempt.
SEC. 3. PROHIBITION ON RESTRICTION OF FUNGIBILITY OF CAPITAL FUND
AMOUNTS.
The Secretary of Housing and Urban Development shall not impose any
requirement, regulation, or guideline relating to asset management that
restricts or limits in any way the use by public housing agencies of
amounts for Capital Fund assistance under section 9(d) of such Act,
pursuant to paragraph (1) or (2) of section 9(g) of the United States
Housing Act of 1937 (42 U.S.C. 1437g(g)), for costs of any central
office of a public housing agency.
SEC. 4. TENANT PARTICIPATION.
(a) Rule of Construction.--Neither the requirements of this Act,
nor any other requirement, regulation, guideline, or other policy or
action of the Department of Housing and Urban Development relating to
public housing asset management may be construed to repeal or waive any
provision of part 964 of title 24 of the Code of Federal Regulations,
regarding tenant participation and tenant opportunities in public
housing. The Secretary of Housing and Urban Development shall ensure
that public housing agencies encourage the reasonable efforts of
resident tenant organizations to represent their members or the
reasonable efforts of tenants to organize.
(b) PHAs in Receivership.--In the case of any public housing agency
in receivership, the Secretary of Housing and Urban Development or any
receiver may not abrogate, waive, repeal, or modify any provision of
part 964 of title 24 of the Code of Federal Regulations or any
provision of a formalized housing agreement entered into pursuant to
such part 964 (including pursuant to section 964.11, 964.14,
964.18(a)(6), or 964.135 of such part) before the commencement of such
receivership by a resident or tenant organization and the public
housing agency.
(c) Guidance.--Guidance issued by the Secretary of Housing and
Urban Development shall encourage participation by residents in the
implementation of asset management and the development of local
policies for such purposes.
SEC. 5. INELIGIBILITY OF ILLEGAL IMMIGRANTS FOR ASSISTANCE.
Immigrants who are not lawfully present in the United States shall
be ineligible for financial assistance under this Act, as provided and
defined by section 214 of the Housing and Community Development Act of
1980 (42 U.S.C. 1436a). Nothing in this Act shall be construed to alter
the restrictions or definitions in such section 214.
SEC. 6. ADMINISTRATIVE PROVISIONS.
(a) Prohibition of Management Fees for Agreements Prohibiting or
Requiring Registration of Firearms.--The Secretary of Housing and Urban
Development shall not accept as reasonable any management or related
fees for enforcing any provision of a dwelling lease agreement or other
similar agreement that requires the registration of or prohibits the
possession of any firearm that is possessed by an individual for his or
her personal protection or for sport the possession of which is not
prohibited, or the registration of which is not required, by existing
law.
(b) Community Service Requirement.--
(1) Option to establish.--Section 12(c) of the United
States Housing Act of 1937 (42 U.S.C. 1347j(c)) is amended--
(A) in the subsection heading, by inserting
``Optional'' before ``Community Service'';
(B) in paragraph (1), by striking the matter that
precedes subparagraph (A) and inserting the following:
``(1) In general.--Subject to paragraph (2) and
notwithstanding any other provision of law, a public housing
agency may, at the option of the agency, require that each
adult resident of a public housing project--'';
(C) in paragraph (2), by striking the matter that
precedes subparagraph (A) and inserting the following:
``(2) Exemptions.--The Secretary shall require each public
housing agency that establishes a community service requirement
pursuant to paragraph (1) to provide an exemption from the
applicability of the requirements authorized by paragraph (1)
for any individual who--'';
(D) in paragraph (3)--
(i) in subparagraph (A)--
(I) by striking ``the requirement
under paragraph (1), the public housing
agency'' and inserting ``a requirement
established pursuant to paragraph (1)
by a public housing agency, the
agency''; and
(II) by striking ``the requirement
under paragraph (1) of this
subsection'' and inserting ``such
requirement''; and
(ii) in subparagraph (C)--
(I) in the matter preceding clause
(i), by striking ``the requirement
under paragraph (1)'' and inserting ``a
requirement established pursuant to
paragraph (1) by the agency'';
(II) in clause (i)(III) by striking
``the resident's lease will not be
renewed'' and inserting the following
``the agency may, in accordance with
policies established by the agency at
the option of the agency, refuse to
renew the resident's lease''; and
(III) in clause (ii)--
(aa) by striking ``not''
and inserting ``, in accordance
with policies established by
the agency at the option of the
agency, refuse to'';
(bb) by striking ``shall''
and inserting ``may, in
accordance with such
policies,''; and
(cc) by striking ``under
paragraph (1)'' and inserting
``established pursuant to
paragraph (1)'';
(E) in paragraph (4)--
(i) by striking ``not'' and inserting ``,
in accordance with policies established by the
agency at the option of the agency, refuse
to''; and
(ii) by striking ``the requirement under
paragraph (1)'' and inserting ``a requirement
established pursuant to paragraph (1) by the
agency'';
(F) in paragraph (5), by inserting ``that
establishes a community service requirement pursuant to
paragraph (1)'' after ``Each public housing agency'';
(G) in paragraph (6), by striking ``The requirement
under'' and inserting ``A requirement established
pursuant to''; and
(H) in paragraph (8), by striking ``the community
service requirement under'' and inserting ``a community
service requirement established pursuant to''.
(2) PHA plan.--Section 5A(d)(12) of the United States
Housing Act of 1937 (42 U.S.C. 1437c-1(d)(12)) is amended by
striking subparagraph (C) and inserting the following new
subparagraph:
``(C) whether the public housing agency will have
in effect a community service requirement pursuant to
section 12(c) and, if so, how the agency will comply
with the requirements of such section, and how the
agency will comply with the requirements of section
12(d) (relating to treatment of income changes
resulting from welfare program requirements).''.
(c) Public and Assisted Housing Drug Elimination Program.--
(1) Authorization of appropriations.--Section 5129 of the
Anti-Drug Abuse Act of 1988 (42 U.S.C. 11908) is amended by
striking subsection (a) and inserting the following new
subsection:
``(a) In General.--There are authorized to be appropriated to carry
out this chapter such sums as may be necessary for each of fiscal years
2009, 2010, and 2011.''.
(2) Eligible activities.--Section 5124(a)(6) of the Anti-
Drug Abuse Act of 1988 (42 U.S.C. 11903(a)(6)) is amended by
striking the semicolon at the end and inserting the following:
``, except that the activities conducted under any program
carried out in whole or in part with grant amounts provided
pursuant to this paragraph may include--
``(A) providing treatment for drug abuse through
rehabilitation or relapse prevention;
``(B) providing education about the dangers and
adverse consequences of drug use or violent crime;
``(C) identifying drug users, assisting such users
in discontinuing their drug use through an education
program, and, if appropriate, referring the users to a
drug treatment program;
``(D) providing after school activities for youths
for the purpose of discouraging, reducing, or
eliminating drug use or violent crime by youths;
``(E) providing capital improvements for the
purpose of discouraging, reducing, or eliminating drug
use or violent crime;
``(F) providing security services for the purpose
of discouraging, reducing, or eliminating drug use or
violent crime; and
``(G) other appropriate activities.''. | Public Housing Asset Management Improvement Act of 2008 - Prohibits the Secretary of Housing and Urban Development from imposing restrictions or limitations on the amount of management and related fees for a public housing project which the public housing agency (PHA) determines reasonable, unless such restriction or limitation: (1) is determined pursuant to a negotiated rulemaking convened by the Secretary no earlier than April 1, 2009, with representatives from interested parties; and (2) is effective only on or after January 1, 2011.
Allows any PHA that owns or operates fewer than 500 public housing units under the United States Housing Act of 1937 to elect to be exempt from asset management requirements imposed by the Secretary.
Prohibits the Secretary from imposing any requirement, regulation, or guideline relating to asset management that restricts or limits in any way the use by PHAs of amounts for Capital Fund assistance for costs of any PHA central office.
Requires the Secretary to ensure that PHAs encourage the reasonable efforts of resident tenant organizations to represent their members and of tenants to organize.
Makes illegal immigrants ineligible for financial assistance under this Act.
Prohibits the Secretary from accepting as reasonable any management or related fees for enforcing a dwelling lease or other similar agreement that requires the registration of or prohibits the possession of firearms by an individual for personal protection or for sport, if the possession is not prohibited, or the registration is not required, by existing law.
Amends the United States Housing Act of 1937 to convert current community service requirements (and related exemptions) for adult residents of public housing projects to make them optional at the discretion of a PHA.
Amends the Anti-Drug Abuse Act of 1988 to authorize appropriations for FY2009-FY2011. Expands the scope of eligible activities that may be conducted under public and assisted housing drug elimination programs. | To improve the Operating Fund for public housing of the Department of Housing and Urban Development, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Older Worker Opportunity Act of
2009''.
SEC. 2. TAX CREDIT FOR EMPLOYING OLDER WORKERS IN FLEXIBLE WORK
PROGRAMS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45R. FLEXIBLE WORK CREDIT.
``(a) In General.--For purposes of section 38, in the case of an
eligible employer, the flexible work credit determined under this
section for the taxable year shall be equal to 25 percent of the
qualified wages for such taxable year.
``(b) Eligible Employer.--For purposes of this section, the term
`eligible employer' means an employer which--
``(1) maintains a qualified trust (within the meaning of
section 401(a)), and
``(2) provides health insurance coverage (as defined in
section 9832(b)(1)(A)) to employees and pays no less than 60
percent of the cost of such health insurance coverage with
respect to each full-time employee receiving such coverage.
``(c) Qualified Wages Defined.--For purposes of this section--
``(1) Qualified wages.--The term `qualified wages' means
the wages paid or incurred by an eligible employer during the
taxable year to eligible individuals.
``(2) Eligible individuals.--
``(A) In general.--The term `eligible individual'
means an individual who, at the time such wages are
paid or incurred--
``(i) has attained the age of 62, and
``(ii) is participating in a formal
flexible work program.
``(B) Limitation.--Such term shall not include any
individual who begins participation in a formal
flexible work program during any period in which more
than 20 percent of the employees of the eligible
employer are already participating in a formal flexible
work program.
``(3) Wages.--
``(A) In general.--The term `wages' has the meaning
given such term by subsection (b) of section 3306
(determined without regard to any dollar limitation
contained in such section).
``(B) Other rules.--Rules similar to the rules of
paragraph (2) and (3) of section 51(c) shall apply for
purposes of this section.
``(C) Termination.--The term `wages' shall not
include any amount paid or incurred to an individual
after December 31, 2012.
``(4) Only first $6,000 of wages per year taken into
account.--The amount of the qualified wages which may be taken
into account with respect to any individual shall not exceed
$6,000 per year.
``(d) Formal Flexible Work Program.--For purposes of this section--
``(1) In general.--The term `formal flexible work program'
means a program of an eligible employer--
``(A) which consists of core time and flex time,
``(B) under which core time does not exceed--
``(i) 20 hours per week,
``(ii) 3 days per week, or
``(iii) 1,000 hours per year, and
``(C) which meets the requirements of subsection
(e).
``(2) Core time.--The term `core time' means the specific
time--
``(A) during which an employee is required to
perform services related to employment, and
``(B) which is determined by the employer.
``(3) Flex time.--The term `flex time' means the time other
than core time--
``(A) during which an employee is required to
perform services related to employment, and
``(B) which is determined at the election of the
employee.
``(e) Requirements.--A program shall not be considered a formal
flexible work program under this section unless such program meets the
following requirements:
``(1) Duration of program.--The program shall allow for
participation for a period of at least 1 year.
``(2) No change in health care benefits.--With respect to a
participant whose work schedule is no less than 20 percent of
the work schedule of a similarly situated full-time employee--
``(A) such participant shall be entitled to the
same health insurance coverage to which a similarly
situated full-time employee would be entitled,
``(B) the employer shall contribute the same
percentage of the cost of health insurance coverage for
such participant as the employer would contribute for a
similarly situated full-time employee, and
``(C) such participant shall be entitled to
participate in a retiree health benefits plan of the
employer in the same manner as a similarly situated
full-time employee, except that service credited under
the plan for any plan year shall be equal to the ratio
of the participant's work schedule during such year to
the work schedule of a similarly situated full-time
employee during such year.
``(3) No reduction in pension benefits.--
``(A) Defined benefit plans.--
``(i) A participant shall be entitled to
participate in a defined benefit plan (within
the meaning of section 414(j)) of the employer
in the same manner as a similarly situated
full-time employee.
``(ii) Service credited to a participant
under the plan for any plan year shall be equal
to the ratio of the participant's work schedule
during such year to the work schedule of a
similarly situated full-time employee during
such year.
``(iii) If the plan uses final average
earnings to determine benefits, final average
earnings of the participant shall be no less
than such earnings were before the participant
entered the program.
``(B) Defined contribution plans.--A participant
shall be entitled to participate in a defined
contribution plan (within the meaning of section
414(i)) of the employer in the same manner as a
similarly situated full-time employee, and the employer
shall match the participant's contributions at the same
rate that the employer would match the contributions of
a similarly situated full-time employee.
``(C) No forfeiture of pension benefits.--The
pension benefits of a participant shall not be
forfeited under the rules of section 411(a)(3)(B) or
section 203(a)(3)(B) of the Employee Retirement Income
Security Act of 1974 with respect to a participant who
has attained normal retirement age as of the end of the
plan year.
``(4) Nondiscrimination rule.--Eligibility to participate
in the program shall not discriminate in favor of highly
compensated employees (within the meaning of section 414(q)).
``(f) Certain Individuals Ineligible.--For purposes of this
section, rules similar to the rules of section 51(i)(1) and section 52
shall apply.
``(g) Regulations.--The Secretary may prescribe such regulations as
are necessary to carry out the purposes of this section, including
simplified rules to satisfy the requirements of subsection (e)(3)(C)
taking into account the requirements of section 411 and section 203 of
the Employee Retirement Income Security Act of 1974.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of the Internal Revenue Code of 1986 is amended by striking
``plus'' at the end of paragraph (34), by striking the period at the
end of paragraph (35) and inserting ``, plus'', and by adding at the
end the following new paragraph:
``(36) the flexible work credit determined under section
45R(a).''.
(c) No Double Benefit.--Subsection (a) of section 280C of the
Internal Revenue Code of 1986 is amended by inserting ``45R(a),'' after
``45P(a),''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 45R. Flexible work credit.''.
(e) Effective Date.--The amendments made by this section shall
apply to wages paid after December 31, 2008. | Older Worker Opportunity Act of 2009 - Amends the Internal Revenue Code to allow employers who provide health and retirement benefits to their employees a tax credit for 25% of the first $6,000 of wages paid to individuals age 62 or older participating in a flexible work program. Terminates such credit after 2012. | A bill to promote labor force participation of older Americans, with the goals of increasing retirement security, reducing the projected shortage of experienced workers, maintaining future economic growth, and improving the Nation's fiscal outlook. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Opioid Program Evaluation Act'' or
the ``OPEN Act''.
SEC. 2. EVALUATION OF PERFORMANCE OF DEPARTMENT OF JUSTICE PROGRAM.
(a) Evaluation of Justice Department Comprehensive Opioid Abuse
Grant Program.--Not later than 5 years after the date of enactment of
this Act, the Attorney General shall complete an evaluation of the
effectiveness of the Comprehensive Opioid Abuse Grant Program under
part LL of the Omnibus Crime Control and Safe Streets Act of 1968
administered by the Department of Justice based upon the information
reported under subsection (d) of this section.
(b) Interim Evaluation.--Not later than 3 years after the date of
enactment of this Act, the Attorney General shall complete an interim
evaluation assessing the nature and extent of the incidence of opioid
abuse and illegal opioid distribution in the United States.
(c) Metrics and Outcomes for Evaluation.--Not later than 180 days
after the date of enactment of this Act, the Attorney General shall
identify outcomes that are to be achieved by activities funded by the
Comprehensive Opioid Grant Abuse Program and the metrics by which the
achievement of such outcomes shall be determined.
(d) Metrics Data Collection.--The Attorney General shall require
grantees under the Comprehensive Opioid Abuse Grant Program (and those
receiving subawards under section 3021(b) of part LL of the Omnibus
Crime Control and Safe Streets Act of 1968) to collect and annually
report to the Department of Justice data based upon the metrics
identified under subsection (c).
(e) Publication of Data and Findings.--
(1) Publication of outcomes and metrics.--The Attorney
General shall, not later than 30 days after completion of the
requirement under subsection (c), publish the outcomes and
metrics identified under that subsection.
(2) Publication of evaluation.--In the case of the interim
evaluation under subsection (b), and the final evaluation under
subsection (a), the National Academy of Sciences shall, not
later than 90 days after such an evaluation is completed,
publish the results of such evaluation and issue a report on
such evaluation to the Committee on the Judiciary of the House
of Representatives and the Committee on the Judiciary of the
Senate. Such report shall also be published along with the data
used to make such evaluation.
(f) Arrangement With the National Academy of Sciences.--For
purposes of subsections (a), (b), and (c), the Attorney General shall
enter into an arrangement with the National Academy of Sciences.
SEC. 3. EVALUATION OF PERFORMANCE OF DEPARTMENT OF HEALTH AND HUMAN
SERVICES PROGRAM.
(a) Evaluation of Department of Health and Human Services
Programs.--Not later than 5 years after the date of enactment of this
Act, except as otherwise provided in this section, the Secretary of
Health and Human Services shall complete an evaluation of any program
administered by the Secretary that provides grants for the primary
purpose of providing assistance in addressing problems pertaining to
opioid abuse based upon the information reported under subsection (d)
of this section.
(b) Interim Evaluation.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall complete an interim
evaluation assessing the nature and extent of the incidence of opioid
abuse and illegal opioid distribution in the United States.
(c) Metrics and Outcomes for Evaluation.--Not later than 180 days
after the date of enactment of this Act, the Secretary shall identify
outcomes that are to be achieved by activities funded by the programs
described in subsection (a) and the metrics by which the achievement of
such outcomes shall be determined.
(d) Metrics Data Collection.--The Secretary shall require grantees
under the programs described in subsection (a) to collect and annually
report to the Department of Health and Human Services data based upon
the metrics identified under subsection (c).
(e) Publication of Data and Findings.--
(1) Publication of outcomes and metrics.--The Secretary
shall, not later than 30 days after completion of the
requirement under subsection (c), publish the outcomes and
metrics identified under that subsection.
(2) Publication of evaluation.--In the case of the interim
evaluation under subsection (b), and each final evaluation
under subsection (a), the National Academy of Sciences shall,
not later than 90 days after such an evaluation is completed,
publish the results of such evaluation and issue a report on
such evaluation to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate. Such report shall
also be published along with the data used to make such
evaluation.
(f) Arrangement With the National Academy of Sciences.--For
purposes of subsections (a), (b), and (c), the Secretary shall--
(1) enter into an arrangement with the National Academy of
Sciences; or
(2) enter into a contract or cooperative agreement with an
entity that is not an agency of the Federal Government.
(g) Exception.--If a program described under subsection (a) is
subject to an evaluation substantially similar to the evaluation under
subsection (a) pursuant to another provision of law, the Secretary may
opt not to conduct an evaluation under subsection (a) of such program.
SEC. 4. DEFINITION.
In this Act, the term ``opioid'' has the meaning given the term
``opiate'' in section 102 of the Controlled Substances Act (21 U.S.C.
802).
SEC. 5. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to be appropriated to carry out
this Act.
SEC. 6. MATTERS REGARDING CERTAIN FEDERAL LAW ENFORCEMENT ASSISTANCE.
Section 609Y of the Justice Assistance Act of 1984 (42 U.S.C.
10513) is amended--
(1) in subsection (a), by striking ``There is'' and
inserting ``Except as provided in subsection (c), there is'';
and
(2) by adding at the end the following:
``(c) For fiscal year 2022, there is authorized to be appropriated
$16,000,000, to provide under this chapter Federal law enforcement
assistance in the form of funds.''.
Passed the House of Representatives May 10, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Opioid Program Evaluation Act or the OPEN Act (Sec. 2) This bill directs the Department of Justice (DOJ) to enter into an arrangement with the National Academy of Sciences (NAS) to identify outcomes and develop metrics to evaluate: (1) the incidence of opioid abuse and illegal opioid distribution, and (2) the effectiveness of a DOJ grant program to provide opioid abuse services. DOJ must publish outcomes and metrics and require grant recipients to collect and report data. The NAS must publish the evaluations. (Sec. 3) Additionally, the bill directs the Department of Health and Human Services (HHS) to enter into an arrangement with the NAS to identify outcomes and develop metrics to evaluate: (1) the incidence of opioid abuse and illegal opioid distribution, and (2) the effectiveness of HHS grant programs to address opioid abuse. HHS must publish outcomes and metrics and require grant recipients to collect and report data. The NAS must publish the evaluations. (Sec. 6) It amends the Justice Assistance Act of 1984 to reduce for FY2022 the authorization of appropriation for financial assistance under the Emergency Federal Law Enforcement Assistance program. | OPEN Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Housing Opportunities Made Equal Act
of 2011'' or the ``HOME Act of 2011''.
SEC. 2. AMENDING THE FAIR HOUSING ACT TO PROHIBIT CERTAIN
DISCRIMINATION.
(a) In General.--
(1) Section 804 of the Fair Housing Act (42 U.S.C. 3604) is
amended--
(A) by inserting ``actual or perceived'' before
``race, color'' each place that term appears; and
(B) by inserting ``sexual orientation, gender
identity, marital status, source of income,'' after
``sex,'' each place that term appears.
(2) Section 805 of the Fair Housing Act (42 U.S.C. 3605) is
amended--
(A) by inserting ``actual or perceived'' before
``race, color'' each place that term appears; and
(B) by inserting ``sexual orientation, gender
identity, marital status, source of income,'' after
``sex,'' each place that term appears.
(3) Section 806 of the Fair Housing Act (42 U.S.C. 3606) is
amended--
(A) by inserting ``actual or perceived'' before
``race, color''; and
(B) by inserting ``sexual orientation, gender
identity, marital status, source of income,'' after
``sex,''.
(b) Prevention of Intimidation.--Section 901 of the Civil Rights
Act of 1968 (42 U.S.C. 3631) is amended--
(1) by inserting ``actual or perceived'' before ``race,
color'' each place that term appears; and
(2) by inserting ``sexual orientation (as defined in
section 802), gender identity (as so defined), marital status
(as so defined), source of income (as so defined)'' after
``sex,'' each place that term appears.
(c) Definitions.--Section 802 of the Fair Housing Act (42 U.S.C.
3602) is amended by adding at the end the following:
``(p) `Gender identity' means the gender-related identity,
appearance, or mannerisms or other gender-related characteristics of an
individual, with or without regard to the individual's designated sex
at birth.
``(q) `Marital status' has the same meaning given that term for
purposes of the Equal Credit Opportunity Act.
``(r) `Sexual orientation' means homosexuality, heterosexuality, or
bisexuality.
``(s) `Source of income' means the receipt of Federal, State, or
local public assistance including medical assistance, or the receipt by
a tenant or applicant of Federal, State, or local housing subsidies,
including rental assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f) or other rental assistance or
rental supplements.''.
SEC. 3. AMENDING THE FAIR HOUSING ACT TO EXTEND THE DEFINITION OF
DISCRIMINATORY HOUSING PRACTICE.
Section 802(f) of the Fair Housing Act (42 U.S.C. 3602(f)) is
amended to read as follows:
``(f) `Discriminatory housing practice' means an act that is
unlawful under section 804, 805, 806, or 818 of this title, whether
occurring pre- or post-acquisition, and also includes a failure to
comply with section 808(e)(5) of this title or a regulation issued to
carry out section 808(e)(5).''.
SEC. 4. AMENDING THE FAIR HOUSING ACT DEFINITION OF ``FAMILIAL
STATUS''.
Section 802(k) of the Fair Housing Act (42 U.S.C. 3602(k)) is
amended to read as follows:
``(k) `Familial status' means one or more individuals (who have not
attained the age of 18 years) residing with--
``(1) a parent, foster parent, or another person having
legal or lawful physical custody of such individual or
individuals; or
``(2) anyone standing in loco parentis of such individual
or individuals.
The protections afforded against discrimination on the basis of
familial status apply to any person who is pregnant or in the process
of securing legal custody of an individual who has not attained the age
of 18 years.''.
SEC. 5. AMENDING THE FAIR HOUSING ACT AND THE EQUAL CREDIT OPPORTUNITY
ACT TO PROVIDE THE DEPARTMENT OF JUSTICE WITH PRE-
LITIGATION SUBPOENA POWER.
(a) Equal Credit Opportunity Act.--Section 706(h) of the Equal
Credit Opportunity Act (15 U.S.C. 1691e(h)) is amended--
(1) by striking ``When a'' and inserting the following:
``(1) In general.--When a''; and
(2) by adding at the end the following:
``(2) Pre-litigation Subpoena Power.--If the Attorney General has
reason to believe that any person may be in possession, custody, or
control of any documentary material or information relevant to an
investigation under this title, the Attorney General may, before
commencing a civil action under paragraph (1), issue in writing and
cause to be served upon the person, a civil investigative demand. The
authority to issue and enforce civil investigative demands under this
paragraph shall be identical to the authority of the Attorney General
under section 3733 of title 31, United States Code, except that the
provisions of that section relating to qui tam relators shall not
apply.''.
(b) Fair Housing Act.--Section 814(c) of the Fair Housing Act (42
U.S.C. 3614(c)) is amended--
(1) by striking ``The Attorney General'' and inserting the
following:
``(1) In general.--The Attorney General''; and
(2) by adding at the end the following:
``(2) Civil investigative demands.--If the Attorney General
has reason to believe that any person may be in possession,
custody, or control of any documentary material or information
relevant to an investigation under this title, the Attorney
General may, before commencing a civil proceeding under this
subsection, issue in writing and cause to be served upon the
person, a civil investigative demand. The authority to issue
and enforce civil investigative demands under this paragraph
shall be identical to the authority of the Attorney General
under section 3733 of title 31, United States Code, except that
the provisions of that section relating to qui tam relators
shall not apply.''.
SEC. 6. FREEDOM FROM DISCRIMINATION IN CREDIT.
(a) Prohibition Against Discrimination on Account of Sexual
Orientation or Gender Identity.--Section 701(a)(1) of the Equal Credit
Opportunity Act (15 U.S.C. 1691(a)(1)) is amended--
(1) by inserting ``actual or perceived'' before ``race,
color''; and
(2) by striking ``sex or'' and inserting ``sex, sexual
orientation, gender identity,''.
(b) Definitions.--Section 702 of the Equal Credit Opportunity Act
(15 U.S.C. 1691a) is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (i), respectively;
(2) by inserting after subsection (e) the following:
``(f) The term `gender identity' means the gender-related identity,
appearance, or mannerisms or other gender-related characteristics of an
individual, with or without regard to the individual's designated sex
at birth.''; and
(3) by inserting after subsection (g), as so redesignated,
the following:
``(h) The term `sexual orientation' means homosexuality,
heterosexuality, or bisexuality.''.
SEC. 7. AMENDING THE FAIR HOUSING ACT SO THAT DISCRIMINATION IN REAL
ESTATE-RELATED TRANSACTIONS INCLUDES THE FAILURE TO MAKE
REASONABLE ACCOMMODATIONS FOR PEOPLE WITH DISABILITIES.
Section 805(a) of the Fair Housing Act (42 U.S.C. 3605(a)) is
amended by adding at the end the following: ``For the purposes of this
section, discrimination against a person because of handicap includes
the failure, in connection with a real estate-related transaction, to
make reasonable accommodations for such person.''.
SEC. 8. AMENDING THE FAIR HOUSING ACT TO CHANGE CERTAIN LIMITATIONS ON
FILING COMPLAINTS AND COMMENCING CIVIL ACTIONS.
(a) Section 810.--Section 810(a)(1)(A)(i) of the Fair Housing Act
(42 U.S.C. 3610(a)(1)(A)(i)) is amended by inserting after the first
sentence the following: ``The failure to design and construct a
dwelling as required by section 804(f)(3)(C) shall be deemed to
continue until such time as the dwelling conforms to the requirements
of that section.''.
(b) Section 813.--Section 813(a)(1)(A) of the Fair Housing Act (42
U.S.C. 3613(a)(1)(A)) is amended by adding at the end the following:
``The failure to design and construct a dwelling as required by section
804(f)(3)(C) shall be deemed to continue until such time as the
dwelling conforms to the requirements of that section.''. | Housing Opportunities Made Equal Act of 2011 or HOME Act of 2011 - Amends the Fair Housing Act, with respect to prohibited discrimination in housing sales and rentals, residential real estate-related transactions, and brokerage services, to specify that the race, color, religion, sex, familial status, or national origin basis of discrimination may be actual or perceived. Adds to the list of prohibited actual or perceived bases sexual orientation, gender identity, marital status, and source of income.
Amends the Civil Rights Act of 1968, with respect to prohibited intimidation, interference, or injury of individuals, to specify that the race, color, religion, sex, familial status, or national origin basis of discrimination may be actual or perceived. Adds also to the list of prohibited actual or perceived bases sexual orientation, gender identity, marital status, or source of income.
Redefines "discriminatory housing practice" to specify that the definition: (1) applies regardless of whether the discriminatory practices occur pre- or post-acquisition; and (2) includes a failure to comply with administrative requirements of the Secretary of Housing and Urban Development (HUD), including related regulations, in a manner affirmatively to further nondiscrimination policies.
Redefines "familial status" to include individuals (under age 18) residing with: (1) a foster parent or another person having lawful physical custody of such individuals; or (2) anyone standing in loco parentis of such individuals (currently, the designee of such parent or other person having such custody, with the parent's or other person's written permission).
Amends the Equal Credit Opportunity Act and the Fair Housing Act to grant the Attorney General pre-litigation subpoena power if there is reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to an investigation under the respective Act.
Amends the Equal Credit Opportunity Act to prohibit discrimination against credit applicants on the basis of actual or perceived race or color, sex, sexual orientation, or gender identity.
States that discrimination against a person because of a handicap includes the failure, in connection with a real estate-related transaction, to make reasonable accommodations for such persons.
Revises the limitations on filing complaints and commencing civil actions by certain individuals alleging discriminatory housing practices to deem that the failure to design and construct a dwelling that meets requirements for reasonable modifications for handicapped persons shall continue (and with it the alleged discriminatory housing practice) until such time as the dwelling conforms to them. | To amend the Fair Housing Act, and for other purposes. |
SECTION 1. FINDINGS.
The Congress finds that--
(1) the Augusta Canal National Landmark in the State of
Georgia, listed on the National Historic Register of Historic
Places, and designated by the Governor of Georgia as one of
four regionally important resources in the State, is one of the
last unspoiled areas in the State of Georgia;
(2) the Augusta Canal National Historic Landmark possesses
excellent water quality, beautiful rural and historic cultural
landscapes, architecturally significant mill structures and
mill villages, and large acreages of parks and permanent open
space;
(3) three national historic districts, the Harrisburg,
Laney Walker, and Greene Street districts, and 2 national
historic landmarks, Stallings Island, located in the Savannah
River, and Meadow Garden, are connected by the Augusta Canal
Area;
(4) the beautiful rural landscapes and historic cultural
landscapes, scenic vistas and excellent water quality of the
Augusta Canal contain significant undeveloped recreational
opportunities for people throughout the United States;
(5) the Augusta Canal and related mill sites, structures,
and associated neighborhoods are representative of the
development of the cotton textile industry and associated
agriculture and trade in the South;
(6) the transformation of the agrarian economy of the area
into an early industrial economy was precipitated by the
development and use of the Augusta Canal;
(7) several significant sites associated with the American
Revolution, the Civil War, Native Americans, Colonial
Americans, African Americans, Chinese Americans, and Irish
Americans are located within the Augusta Canal area;
(8) despite the efforts by the State of Georgia, political
subdivisions of the State, volunteer organizations, and private
businesses, the cultural, historical, natural, and recreational
resources of the area have not realized full potential and may
be lost without assistance from the Federal Government;
(9) the Secretary of the Interior considers this landmark
threatened and has designated it a priority for protection; and
(10) many local, regional, and State agencies, businesses,
and private citizens have expressed an overwhelming desire to
combine forces to work cooperatively to preserve and enhance
the resources of the Augusta Canal National Historic Landmark
and better plan for its future.
SEC. 2. PURPOSE.
It is the purpose of this Act to provide a cooperative management
framework to assist the State of Georgia, its units of local
government, and area citizens in retaining, enhancing, and interpreting
the significant features of the lands, water, and structures of the
Augusta Canal, in a manner consistent with positive economic impact and
development for the benefit and inspiration of present and future
generations in the State of Georgia and the United States.
SEC. 3. ESTABLISHMENT AND BOUNDARIES OF AUGUSTA CANAL NATIONAL HERITAGE
AREA.
(a) Establishment.--There is established in the State of Georgia
the Augusta Canal National Heritage Area (referred to in this Act as
the ``Heritage Area'').
(b) Boundaries.--
(1) In general.--The Heritage Area shall include those
lands in the States of Georgia and South Carolina commonly
known as the Augusta Canal, as generally depicted in the
``Augusta Canal Master Plan'', dated December 31, 1993. The
Augusta Canal Master Plan shall be on file and available for
public inspection in the Office of the Director of the National
Park Service, Washington, D.C.
(2) Map.--As soon as practicable after the date of
enactment of this Act, the Secretary of the Interior (referred
to in this Act as the ``Secretary'') shall publish in the
Federal Register a detailed description and map of the
boundaries established under this subsection.
SEC. 4. AUGUSTA CANAL COMMISSION.
(a) Establishment.--There is established the Augusta Canal
Commission. Not later than 6 months after the date of enactment of this
Act, the Secretary shall appoint the members of the Commission as
follows:
(1) Five members shall be appointed from among persons
serving on the Augusta Canal Authority as established in the
Augusta Canal Charter, by Georgia Public Law.
(2) One member shall be appointed from recommendations
submitted by the mayor of the city of Augusta, Georgia.
(3) One member shall be appointed from recommendations
submitted by a consensus of the Georgia congressional
delegation, representing Augusta, Georgia.
(4) One member shall be appointed from recommendations
submitted by the Governor of the State of Georgia.
(5) One member shall be appointed from recommendations
submitted by the Governor of the State of South Carolina.
(b) Chairperson.--The Commission shall elect a chairman from among
its members.
(c) Vacancies.--A vacancy on the commission shall be filled in the
manner in which the original appointment was made.
SEC. 5. MANAGEMENT PLAN.
(a) Preparation of Plan.--Not later than 1 year after the date of
enactment of this Act, the Augusta Canal Commission shall prepare and
submit to the Secretary for review and approval a plan for the
management and administration of the Heritage Area.
(b) Content.--The plan shall be based on Federal, State, and local
plans in existence on the date of enactment of this Act, including the
Augusta Canal Master Plan. The Augusta Canal Commission shall
coordinate and combine such plans and present an integrated and
cooperative approach for the protection, enhancement, and
interpretation of the cultural, natural, scenic, and recreational
resources of the Heritage Area.
(c) Assistance.--The Secretary is authorized to provide technical
and financial assistance in the preparation of the management plan.
(d) Approval.--
(1) In general.--Not later than 180 days after receipt of
the plan submitted pursuant to subsection (a), the Secretary
shall approve or disapprove the plan.
(2) Criteria.--In determining whether to approve a plan,
the Secretary shall consider--
(A) whether the planning area has strong local
support for the study from a diversity of landowners,
business interests, nonprofit organizations, and
governments within the proposed study area;
(B) whether the proposal is consistent with and
complements continued economic activity in the area;
(C) whether the planning area has a high potential
for effective partnership mechanisms;
(D) whether the plan improperly infringes on
private property rights; and
(E) whether the plan will take appropriate action
to ensure private property rights are observed.
(3) Disapproval.--
(A) In general.--If the Secretary disapproves the
management plan, the Secretary shall notify the Augusta
Canal Commission of the disapproval in writing. The
notice shall include--
(i) the reasons for the disapproval; and
(ii) recommendations for revision.
(B) Revised plan.--The Augusta Canal Commission
shall revise and resubmit the management plan to the
Secretary for approval. Not later than 180 days after
receipt of the revised plan, the Secretary shall
approve or disapprove the plan as provided in paragraph
(2). The Augusta Canal Commission shall revise and
submit the management plan until the management plan is
approved by the Secretary.
(e) Implementation.--
(1) In general.--Upon approval of the management plan as
provided in subsection (d), the Secretary, in conjunction with
the Augusta Canal Commission, shall take appropriate steps to
implement the management plan.
(2) Cooperative agreements.--The Secretary is authorized to
enter into cooperative agreements with the State of Georgia,
political subdivisions of the State, the Augusta Canal
Commission, or any organization or individual to implement the
management plan.
(f) Economic Development.--The Augusta Commission, the State of
Georgia, the city of Augusta, or any political subdivision of the State
shall encourage, by appropriate means, enhanced economic and industrial
development in the area consistent with the goals of the Augusta Canal
Master Plan.
SEC. 6. ENVIRONMENTAL STANDARDS.
(a) Construction.--Nothing in this Act is intended to impose any
occupational, safety, conservation, or environmental regulation on the
Heritage Area that is more stringent than the regulations that would be
applicable to such area but for the establishment of the Heritage Area
pursuant to section 3.
(b) Restrictions.--No Federal agency may promulgate an
occupational, safety, conservation, or environmental regulation for the
Heritage Area that is more stringent than the regulations applicable to
the Heritage Area in existence on the date of enactment of this Act,
solely as a result of the establishment of the Heritage Area pursuant
to section 3.
SEC. 7. DUTIES OF OTHER FEDERAL ENTITIES.
Any Federal entity conducting or supporting activities directly
affecting the Heritage Area shall--
(1) consult with the Secretary and the Augusta Canal
Commission with respect to such activities;
(2) cooperate with the Secretary and the Augusta Canal
Authority with respect to such activities;
(3) coordinate such activities with the Secretary and the
Augusta Canal Commission; and
(4) conduct or support such activities in a manner that the
Secretary and the Augusta Canal Commission determine will not
have an adverse effect on the Heritage Area.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Establishes the Augusta Canal National Heritage Area in Georgia.
Establishes the Augusta Canal Commission. Requires the Commission to prepare and submit to the Secretary of the Interior for review and approval a plan for the management of the Area, based on existing Federal, State, and local plans in existence on the date of enactment of this Act. Directs the Commission to coordinate and combine such plans and present an integrated and cooperative approach for the protection, enhancement, and interpretation of the Area's cultural, natural, scenic, and recreational resources.
Prohibits Federal agencies from promulgating an occupational, safety, conservation, or environmental regulation for the Area that is more stringent than existing applicable regulations, solely as a result of the establishment of the Area.
Authorizes appropriations. | A bill to establish the Augusta Canal National Heritage Area in the State of Georgia, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Multiple Peril Insurance Act of
2009''.
SEC. 2. COVERAGE FOR WINDSTORMS.
Section 1304 of the National Flood Insurance Act of 1968 (42 U.S.C.
4011) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Multiperil Coverage for Damage From Flood or Windstorm and
Separate Coverage for Windstorm.--
``(1) In general.--The national flood insurance program
established pursuant to subsection (a) shall enable the
purchase of the following coverages:
``(A) Multiperil coverage.--Optional insurance
against loss resulting from physical damage to or loss
of real property or personal property related thereto
located in the United States arising from any flood or
windstorm, subject to the limitations in this
subsection and section 1306(b); and
``(B) Separate windstorm coverage.--Optional
insurance against loss resulting from physical damage
to or loss of real property or personal property
related thereto located in the United States arising
from any windstorm, subject to the limitations in this
subsection and section 1306(b).
``(2) Community participation requirement.--Multiperil
coverage pursuant to paragraph (1)(A) and windstorm coverage
pursuant to paragraph (1)(B) may not be provided in any area
(or subdivision thereof) unless an appropriate public body
shall have adopted adequate mitigation measures (with effective
enforcement provisions) which the Director finds are consistent
with the criteria for construction described in the
International Code Council building codes relating to wind
mitigation.
``(3) Relationship to flood insurance coverage.--
``(A) Prohibition against duplicative coverage.--
Multiperil coverage pursuant to paragraph (1)(A) may
not be provided with respect to any structure (or the
personal property related thereto) for any period
during which such structure is covered, at any time, by
flood insurance coverage made available under this
title.
``(B) Requirement to maintain flood insurance
coverage.--Windstorm coverage pursuant to paragraph
(1)(B) may be provided only with respect to a structure
(and the personal property related thereto) that is
covered by flood insurance coverage made available
under this title and only during the period that such
structure (and personal property) are so covered.
``(4) Nature of coverage.--
``(A) Multiperil coverage.--Multiperil coverage
pursuant to paragraph (1)(A) shall--
``(i) cover losses only from physical
damage resulting from flooding or windstorm;
and
``(ii) provide for approval and payment of
claims under such coverage upon proof that such
loss must have resulted from either windstorm
or flooding, but shall not require for approval
and payment of a claim that the specific cause
of the loss, whether windstorm or flooding, be
distinguished or identified.
``(B) Separate windstorm coverage.--Windstorm
coverage pursuant to paragraph (1)(B) shall--
``(i) cover losses only from physical
damage resulting from windstorm; and
``(ii) provide for approval and payment of
claims under such coverage or under the flood
insurance coverage required to be maintained
under paragraph (3)(B) upon a determination
that such loss from windstorm or flooding,
respectively, but shall not require for
approval and payment of a claim that the
insured distinguish or identify the specific
cause of the loss, whether windstorm or
flooding.
``(5) Actuarial rates.--Multiperil coverage pursuant to
paragraph (1)(A) and windstorm coverage pursuant to paragraph
(1)(B) shall be made available for purchase for a property only
at chargeable risk premium rates that, based on consideration
of the risks involved and accepted actuarial principles, and
including operating costs and allowance and administrative
expenses, are required in order to make such coverage available
on an actuarial basis for the type and class of properties
covered.
``(6) Terms of coverage.--The Director shall, after
consultation with persons and entities referred to in section
1306(a), provide by regulation for the general terms and
conditions of insurability applicable to properties eligible
for multiperil coverage pursuant to paragraph (1)(A) and such
terms and conditions applicable to properties eligible for
windstorm coverage pursuant to paragraph (1)(B), subject to the
provisions of this subsection, including--
``(A) the types, classes, and locations of any such
properties which shall be eligible for such coverages,
which shall include residential and nonresidential
properties;
``(B) subject to paragraph (7), the nature and
limits of loss or damage in any areas (or subdivisions
thereof) which may be covered by such coverages;
``(C) the classification, limitation, and rejection
of any risks which may be advisable;
``(D) appropriate minimum premiums;
``(E) appropriate loss deductibles; and
``(F) any other terms and conditions relating to
insurance coverage or exclusion that may be necessary
to carry out this subsection.
``(7) Limitations on amount of coverage.--
``(A) Multiperil coverage.--The regulations issued
pursuant to paragraph (6) shall provide that the
aggregate liability under multiperil coverage made
available under this subsection shall not exceed the
lesser of the replacement cost for covered losses or
the following amounts, as applicable:
``(i) Residential structures.--In the case
of residential properties, which shall include
structures containing multiple dwelling units
that are made available for occupancy by rental
(notwithstanding any treatment or
classification of such properties for purposes
of section 1306(b))--
``(I) for any single-family
dwelling, $500,000;
``(II) for any structure containing
more than one dwelling unit, $500,000
for each separate dwelling unit in the
structure, which limit, in the case of
such a structure containing multiple
dwelling units that are made available
for occupancy by rental, shall be
applied so as to enable any insured or
applicant for insurance to receive
coverage for the structure up to a
total amount that is equal to the
product of the total number of such
rental dwelling units in such property
and the maximum coverage limit per
dwelling unit specified in this clause;
and
``(III) $150,000 per dwelling unit
for--
``(aa) any contents related
to such unit; and
``(bb) any necessary
increases in living expenses
incurred by the insured when
losses from flooding or
windstorm make the residence
unfit to live in.
``(ii) Nonresidential properties.--In the
case of nonresidential properties (including
church properties)--
``(I) $1,000,000 for any single
structure; and
``(II) $750,000 for--
``(aa) any contents related
to such structure; and
``(bb) in the case of any
nonresidential property that is
a business property, any losses
resulting from any partial or
total interruption of the
insured's business caused by
damage to, or loss of, such
property from flooding or
windstorm, except that for
purposes of such coverage,
losses shall be determined
based on the profits the
covered business would have
earned, based on previous
financial records, had the
flood or windstorm not
occurred.
``(B) Separate windstorm coverage.--The regulations
issued pursuant to paragraph (6) shall provide that
windstorm coverage pursuant to paragraph (1)(B) for a
property shall not exceed the amount such that the
aggregate liability under flood insurance coverage
required to be maintained under paragraph (3)(B) for
the property and such windstorm coverage for the
property does not exceed the applicable coverage limit
for the property set forth in subparagraph (A) of this
paragraph.
``(8) Effective date.--This subsection shall take effect
on, and shall apply beginning on, the expiration of the 6-month
period that begins on the date of the enactment of the Multiple
Peril Insurance Act of 2009.''.
SEC. 3. PROHIBITION AGAINST DUPLICATIVE COVERAGE.
The National Flood Insurance Act of 1968 is amended by inserting
after section 1313 (42 U.S.C. 4020) the following new section:
``prohibition against duplicative coverage
``Sec. 1314. Flood insurance under this title may not be provided
with respect to any structure (or the personal property related
thereto) for any period during which such structure is covered, at any
time, by multiperil insurance coverage made available pursuant to
section 1304(c)(1)(A).''.
SEC. 4. COMPLIANCE WITH STATE AND LOCAL LAW.
Section 1316 of the National Flood Insurance Act of 1968 (42 U.S.C.
4023) is amended--
(1) by inserting ``(a) Flood Protection Measures.--''
before ``No new''; and
(2) by adding at the end the following new subsection:
``(b) Windstorm Protection Measures.--No new multiperil coverage
shall be provided under section 1304(c) for any property that the
Director finds has been declared by a duly constituted State or local
zoning authority, or other authorized public body to be in violation of
State or local laws, regulations, or ordinances, which are intended to
reduce damage caused by windstorms.''.
SEC. 5. CRITERIA FOR LAND MANAGEMENT AND USE.
Section 1361 of the National Flood Insurance Act of 1968 (42 U.S.C.
4102) is amended by adding at the end the following new subsection:
``(d) Windstorms.--
``(1) Studies and investigations.--The Director shall carry
out studies and investigations under this section to determine
appropriate measures in wind events as to wind hazard
prevention, and may enter into contracts, agreements, and other
appropriate arrangements to carry out such activities. Such
studies and investigations shall include laws, regulations, and
ordinance relating to the orderly development and use of areas
subject to damage from windstorm risks, and zoning building
codes, building permits, and subdivision and other building
restrictions for such areas.
``(2) Coordination with state and local governments.--The
Director shall work closely with and provide any necessary
technical assistance to State, interstate, and local
governmental agencies, to encourage the application of measures
identified pursuant to paragraph (1) and the adoption and
enforcement of such measures.''.
SEC. 6. DEFINITIONS.
Section 1370 of the National Flood Insurance Act of 1968 (42 U.S.C.
4121) is amended--
(1) in paragraph (14), by striking ``and'' at the end;
(2) in paragraph (15) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(16) the term `windstorm' means any hurricane, tornado,
cyclone, typhoon, or other wind event.''. | Multiple Peril Insurance Act of 2009 - (Sec. 2) Amends the National Flood Insurance Act of 1968 to require the national flood insurance program to enable the purchase of multiperil coverage and optional separate windstorm coverage to protect against loss resulting from physical damage or loss of real or related personal property located in the United States.
Defines windstorm as any hurricane, tornado, cyclone, typhoon, or other wind event.
Restricts multiperil coverage to areas (or their subdivisions) where an appropriate public body has adopted adequate mitigation measures, including effective enforcement provisions, which the Director of the Federal Emergency Management Agency (FEMA) finds are consistent with the criteria for construction described in the International Code Council building codes relating to wind mitigation.
Prohibits provision of multiperil coverage to any structure (or related personal property ) covered, at any time, by flood insurance under the Act.
Requires maintenance of flood insurance coverage under this Act as a prerequisite to windstorm coverage of any structure (or related personal property). States that separate windstorm coverage only covers losses from physical damages from windstorm.
Prescribes the nature and terms of coverage and actuarial rates.
(Sec. 3) Prohibits duplicative coverage.
(Sec. 4) Prohibits new multiperil coverage for property declared by a governmental authority to be in violation of state or local laws, regulations, or ordinances intended to reduce windstorm damage.
(Sec. 5) Instructs the Director to: (1) carry out studies and investigations to determine measures for wind hazard prevention; and (2) provide technical assistance to state, interstate, and local governmental agencies to encourage adoption and enforcement of laws, regulations, and ordinances relating to the orderly development and use of areas subject to damage from windstorm risks, and zoning building codes, building permits, and subdivision and other building restrictions for such areas. | To amend the National Flood Insurance Act of 1968 to provide for the national flood insurance program to make available multiperil coverage for damage resulting from windstorms or floods, and for other purposes. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Children's Act for
Responsible Employment of 2005'' or the ``CARE Act of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short Title; Table of Contents.
Sec. 2. Revised Age Requirement for Child Agricultural Employment;
Repeal of Waiver Provision for Hand Harvest
Laborers.
Sec. 3. Increased Civil Penalties for Child Labor Violations.
Sec. 4. Special Criminal Penalties for Certain Aggravated Child Labor
Violations.
Sec. 5. Report to Congress on Work-Related Injuries to Children and
Related Matters.
Sec. 6. Employer Reporting Requirements.
Sec. 7. Enforcement of Child Labor Provisions.
Sec. 8. Pesticide-Related Worker Protection Standard.
Sec. 9. Youth Activities for Farmworkers.
Sec. 10. Application of Fair Labor Standards Amendments.
SEC. 2. REVISED AGE REQUIREMENT FOR CHILD AGRICULTURAL EMPLOYMENT;
REPEAL OF WAIVER PROVISION FOR HAND HARVEST LABORERS.
(a) Revised Age Requirement.--Section 13(c) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 213(c)) is amended by striking
paragraphs (1) and (2) and inserting the following:
``(c)(1) The provisions of section 12 relating to child labor shall
not apply to any employee under 16 years of age employed in
agriculture, including in an agricultural occupation that the Secretary
of Labor finds and declares to be particularly hazardous under section
3(l), if--
``(A) the employee is employed by a parent of the employee
or by a person standing in the place of the parent, on a farm
owned or operated by the parent or person; and
``(B) the employment is outside of school hours for the
school district where the employee is living while so
employed.''.
(b) Repeal of Waiver Provision.--Section 13(c) of such Act (29
U.S.C. 213(c)) is further amended by striking paragraph (4).
SEC. 3. INCREASED CIVIL PENALTIES FOR CHILD LABOR VIOLATIONS.
Section 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C.
216(e)) is amended--
(1) in the first sentence by striking ``not to exceed
$10,000'' and inserting ``not less than $500 and not more than
$50,000''; and
(2) by inserting after the first sentence the following new
sentences: ``In the case of a violation under the preceding
sentence that results in a serious lost-time work-related
injury or a serious lost-time work-related illness (as such
terms are defined in section 12A(c)) to an employee or results
in the death of an employee, the civil penalty shall be not
more than $50,000. In the case of a repeated or willful
violation that results in a serious lost-time work-related
injury or a serious lost-time work-related illness to an
employee or results in the death of an employee, the civil
penalty shall be not more than $100,000.''.
SEC. 4. SPECIAL CRIMINAL PENALTIES FOR CERTAIN AGGRAVATED CHILD LABOR
VIOLATIONS.
Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216)
is amended by adding at the end the following:
``(f) Any person who repeatedly or willfully violates any of the
provisions of section 12, and such violations result in or contribute
to the death or permanent disability of an employee under 18 years of
age at the time of such violation, shall be subject to imprisonment for
not more than five years or a fine under title 18, United States Code,
or both.''.
SEC. 5. REPORT TO CONGRESS ON WORK-RELATED INJURIES TO CHILDREN AND
RELATED MATTERS.
The Fair Labor Standards Act of 1938 is amended by inserting after
section 12 (29 U.S.C. 212) the following new section:
``SEC. 12A. DATA ON WORK-RELATED INJURIES TO CHILDREN AND RELATED
MATTERS.
``(a) Data Analysis.--Using the sources specified in subsection
(b), the Secretary shall analyze data concerning children under the age
of 18 who are employed in agriculture, and with respect to such
children, each serious lost-time work-related injury, serious lost-time
work-related illness, or work-related death.
``(b) Sources Specified.--The sources referred to in subsection (a)
are the following:
``(1) Sources within the Department of Labor, including the
Wage and Hour Division, the Bureau of Labor Statistics, and the
Occupational Safety and Health Administration.
``(2) State employment security agencies and other relevant
State agencies.
``(3) The National Institute for Occupational Safety and
Health.
``(c) Definitions.--As used in this section:
``(1) The term `serious lost-time work-related injury'
means, with respect to an employee under 18 years of age, a
work-related injury which results in lost employment time for
such employee of at least one work day.
``(2) The term `serious lost-time work-related illness'
means, with respect to an employee under 18 years of age, a
work-related illness which results in lost employment time for
such employee of at least one work day.
``(d) Report.--The Secretary shall submit an annual report to
Congress which shall include the following--
``(1) a summary of the data collected by the Secretary
under this section and section 12B;
``(2) an evaluation, based on such data, that reflects the
status of child labor and related safety and health hazards;
and
``(3) any information, based on such data, that leads the
Secretary to believe that children under 18 years of age may
have been employed in violation of section 12.''.
SEC. 6. EMPLOYER REPORTING REQUIREMENTS.
The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is
amended by inserting after section 12A, as added by section 5, the
following new section:
``SEC. 12B EMPLOYER REPORTING REQUIREMENTS.
``(a) Report.--Not later than five days after an event specified
under subsection (b), the employer involved in the event shall submit a
report to the Secretary in accordance with subsection (c).
``(b) Events Specified.--An event referred to in subsection (a)
is--
``(1) a serious lost-time work-related injury to an
employee under 18 years of age employed in agriculture;
``(2) the discovery of a serious lost-time work-related
illness of an employee under 18 years of age employed in
agriculture; or
``(3) a work-related death of an employee under 18 years of
age employed in agriculture.
``(c) Contents of Report.--The report required by subsection (a)
shall include--
``(1) the name and address of the employer;
``(2) the name, address, and age of the employee;
``(3) details about the injury, illness, or death of the
employee; and
``(4) such other information as the Secretary of Labor may
by regulation prescribe.
``(d) Penalty for Failure to Report.--The Secretary may assess a
civil penalty on any employer who fails to file a report as required by
this section in an amount up to $7,000 per violation.
``(e) Definition.--As used in this section, the terms `serious
lost-time work-related injury' and `serious lost-time work-related
illness' have the meanings given those terms in section 12A.''.
SEC. 7. ENFORCEMENT OF CHILD LABOR PROVISIONS.
Subject to the availability of appropriations, the Secretary of
Labor shall--
(1) employ at least 100 additional inspectors within the
Wage and Hour division of the Department of Labor for the
principal purpose of enforcing compliance with child labor
laws; and
(2) provide for a 10 percent increase in the budget of the
Office of the Solicitor of Labor for the principal purpose of
increasing prosecution of violations of child labor laws.
SEC. 8. PESTICIDE-RELATED WORKER PROTECTION STANDARD.
(a) Incorporation of Worker Protection Standard in Child Labor
Provisions.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Labor shall issue final rules to incorporate
within the rules relating to the child labor provisions of section 12
of the Fair Labor Standards Act of 1938 (29 U.S.C. 212) the worker
protection standard for workers exposed to pesticides in part 170 of
title 40, Code of Federal Regulations. If, after incorporating such
standard, the standard in such part is revised, the Secretary shall, by
rule, incorporate such revisions within the rules relating to the child
labor provisions of section 12 of the Fair Labor Standards Act of 1938
(29 U.S.C. 212).
(b) Reconciliation of Civil Penalties.--Section 16 of the Fair
Labor Standards Act of 1938 (29 U.S.C. 216), as amended by sections 3
and 4, is further amended by adding at the end the following new
subsections:
``(g) The amount of a civil penalty imposed by the Secretary on a
violator for a violation of section 12 of this Act may be offset by the
Administrator of the Environmental Protection Agency against the amount
of a civil penalty imposed by the Administrator for a violation of the
worker protection standard promulgated under the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. prec. 121 et seq.) by the same
violator if the Administrator determines that the violation of such
standard involved the same conduct affecting the same child workers in
whose interests the first civil penalty was imposed.
``(h) The amount of a civil penalty imposed by the Administrator of
the Environmental Protection Agency on a violator for a violation of
the worker protection standard promulgated under the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec. 121 et
seq.) may be offset by the Secretary against the amount of a civil
penalty imposed by the Secretary for a violation of section 12 of this
Act by the same violator if the Secretary determines that the violation
of such section involved the same conduct affecting the same child
workers in whose interests the first civil penalty was imposed.''.
SEC. 9. YOUTH ACTIVITIES FOR FARMWORKERS.
Section 127(b)(1)(A)(iii) of the Workforce Investment Act of 1996
is amended to read as follows:
``(iii) Youth activities for farmworkers.--
The Secretary shall make available the greater
of $10,000,000 or 4 percent of the amount
appropriated under section 137(a) for any
fiscal year to provide youth activities under
section 167.''.
SEC. 10. APPLICATION OF FAIR LABOR STANDARDS AMENDMENTS.
(a) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Labor shall issue final rules
to implement the amendments made by sections 2 through 6. The rules
issued under this subsection shall take effect not later than 30 days
after the date on which the final rules are published in the Federal
Register.
(b) Violations.--The amendments made by sections 3 and 4 shall
apply to violations of the Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.) that occur after the date on which the rules issued under
subsection (a) take effect.
(c) Rule of Construction.--Nothing in the amendments made by
section 3 or 4 shall be construed to preempt any State law that
provides protections or remedies for employees that are greater than
the protections or remedies provided under such amendments.
(d) Employer Reporting Requirements.--The employer reporting
requirements of section 12B of the Fair Labor Standards Act of 1938, as
added by section 6, shall take effect on the date on which the final
rules issued under subsection (a) take effect. | Children's Act for Responsible Employment of 2005 - CARE Act of 2005 - Amends the Fair Labor Standards Act of 1938 (FLSA) to repeal certain exemptions from child labor prohibitions for agricultural employment.
Allows an exemption only if: (1) the agricultural employment of an individual under 16 occurs outside of school hours; and (2) such individual is employed by a parent or a person standing in place of a parent on a farm owned or operated by such parent or person. Raises from 16 to 18 years old the minimum age for engaging in hazardous agricultural employment. Eliminates a waiver for hand-harvesting of certain crops.
Increases civil and criminal penalties for child labor violations.
Directs the Secretary of Labor to analyze data and report to Congress on work-related injuries to children and related matters. Requires employers to report on work-related serious injuries and illnesses, and deaths, of agricultural employees under 18 years of age.
Directs the Secretary to: (1) employ at least 100 additional inspectors within the Wage and Hour Division of the Department of Labor to enforce child labor laws; and (2) provide for a ten percent increase in the budget for the Employment Standards Division within the office of the Solicitor of Labor to increase prosecution of violations of such laws.
Incorporates into FLSA child labor requirements certain federal standards for protecting workers exposed to pesticides. Reconciles civil penalties for violations of such standards affecting child workers imposed by the Secretary under FLSA and by the Administrator of the Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act.
Amends the Workforce Investment Act of 1998 to direct the Secretary to make competitive grants for specified types of programs for migrant and seasonal farmworker youth dropout prevention. | To amend the Fair Labor Standards Act of 1938 to increase penalties for violations of child labor laws, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulatory Right-to-Know Act of
1999''.
SEC. 2. PURPOSES.
The purposes of this Act are to--
(1) promote the public right-to-know about the costs and
benefits of Federal regulatory programs and rules;
(2) increase Government accountability; and
(3) improve the quality of Federal regulatory programs and
rules.
SEC. 3. DEFINITIONS.
In this Act:
(1) In general.--Except as otherwise provided in this
section, the definitions under section 551 of title 5, United
States Code, shall apply to this Act.
(2) Benefit.--The term ``benefit'' means the reasonably
identifiable significant favorable effects, quantifiable and
nonquantifiable, including social, health, safety,
environmental, economic, and distributional effects, that are
expected to result from implementation of, or compliance with,
a rule.
(3) Cost.--The term ``cost'' means the reasonably
identifiable significant adverse effects, quantifiable and
nonquantifiable, including social, health, safety,
environmental, economic, and distributional effects, that are
expected to result from implementation of, or compliance with,
a rule.
(4) Director.--The term ``Director'' means the Director of
the Office of Management and Budget, acting through the
Administrator of the Office of Information and Regulatory
Affairs.
(5) Major rule.--The term ``major rule'' means any rule as
that term is defined under section 804(2) of title 5, United
States Code.
(6) Program element.--The term ``program element'' means a
rule or related set of rules.
SEC. 4. ACCOUNTING STATEMENT.
(a) In General.--Not later than February 5, 2001, and each year
thereafter, the President, acting through the Director of the Office of
Management and Budget, shall prepare and submit to Congress, with the
budget of the United States Government submitted under section 1105 of
title 31, United States Code, an accounting statement and associated
report containing--
(1) an estimate of the total annual costs and benefits of
Federal regulatory programs, including rules and paperwork--
(A) in the aggregate;
(B) by agency, agency program, and program element;
and
(C) by major rule;
(2) an analysis of direct and indirect impacts of Federal
rules on Federal, State, local, and tribal government, the
private sector, small business, wages, and economic growth; and
(3) recommendations to reform inefficient or ineffective
regulatory programs or program elements.
(b) Benefits and Costs.--To the extent feasible, the Director shall
quantify the net benefits or net costs under subsection (a)(1).
(c) Years Covered by Accounting Statement.--Each accounting
statement submitted under this Act shall cover, at a minimum, the costs
and corresponding benefits for each of the 4 fiscal years preceding the
year in which the report is submitted. The statement may cover any year
preceding such years for the purpose of revising previous estimates.
SEC. 5. NOTICE AND COMMENT.
(a) In General.--Before submitting a statement and report to
Congress under section 4, the Director of the Office of Management and
Budget shall--
(1) provide public notice and an opportunity to comment on
the statement and report; and
(2) consult with the Comptroller General of the United
States on the statement and report.
(b) Appendix.--After consideration of the comments, the Director
shall incorporate an appendix to the report addressing the public
comments and peer review comments under section 7.
SEC. 6. GUIDANCE FROM THE OFFICE OF MANAGEMENT AND BUDGET.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Director of the Office of Management and
Budget, in consultation with the Council of Economic Advisors, shall
issue guidelines to agencies to standardize--
(1) most plausible measures of costs and benefits; and
(2) the format of information provided for accounting
statements.
(b) Review.--The Director shall review submissions from the
agencies to ensure consistency with the guidelines under this section.
SEC. 7. PEER REVIEW.
(a) In General.--The Director of the Office of Management and
Budget shall arrange for a nationally recognized public policy research
organization with expertise in regulatory analysis and regulatory
accounting to provide independent and external peer review of the
guidelines and each accounting statement and associated report under
this Act before such guidelines, statements, and reports are made
final.
(b) Written Comments.--The peer review under this section shall
provide written comments to the Director in a timely manner. The
Director shall use the peer review comments in preparing the final
guidelines, statements, and associated reports.
(c) FACA.--Peer review under this section shall not be subject to
the Federal Advisory Committee Act (5 U.S.C. App.). | Regulatory Right-to-Know Act of 1999 - Directs the President, acting through the Director of the Office of Management and Budget to submit to the Congress, with the Federal budget each year, an accounting statement and associated report containing: (1) an estimate of the total annual costs and benefits of Federal regulatory programs in the aggregate; by agency, agency program, and program element; and by major rule; (2) an analysis of direct and indirect impacts of Federal rules on Federal, State, local, and tribal government, the private sector, small business, wages, and economic growth; and (3) recommendations to reform inefficient or ineffective regulatory programs or program elements. Requires the accounting statement to cover, at a minimum, the costs and corresponding benefits for the four preceding fiscal years. Requires the Director: (1) before submitting such statement and report, to provide public notice and an opportunity to comment and to consult with the Comptroller General; and (2) to incorporate an appendix to the report addressing public and peer review comments.
Requires the Director to: (1) issue guidelines to agencies to standardize most plausible measures of costs and benefits and the format of information provided for accounting statements; and (2) review agency submissions for consistency with such guidelines.
Directs the Director to arrange for a nationally recognized public policy research organization with expertise in regulatory analysis and regulatory accounting to provide independent and external peer review of the guidelines and each accounting statement and associated report before such guidelines, statements, and reports are made final. | Regulatory Right-to-Know Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Poland Parliamentary
Youth Exchange Program Act of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States established diplomatic relations with the
newly-formed Polish Republic in April 1919.
(2) The United States and Poland have enjoyed close bilateral
relations since 1989.
(3) Poland became a member of the North Atlantic Treaty
Organization (NATO) in March 1999.
(4) Poland became a member of the European Union (EU) in May
2004.
(5) Poland has been a strong supporter, both diplomatically and
militarily, of efforts led by the United States to combat global
terrorism and has contributed troops to the United States-led
coalitions in both Afghanistan and Iraq.
(6) Poland cooperates closely with the United States on such
issues as democratization, nuclear proliferation, human rights,
regional cooperation in Eastern Europe, and reform of the United
Nations.
(7) The United States and Poland seek to ensure enduring ties
between both governments and societies.
(8) It is important to invest in the youth of the United States
and Poland in order to help ensure long-lasting ties between both
societies.
(9) It is in the interest of the United States to preserve a
United States presence in Europe and to continue to contribute to
the development of transatlantic relationships.
(10) Poland for many years received international and United
States financial assistance and is now determined to invest its own
resources toward attaining its shared desire with the United States
to develop international cooperation.
SEC. 3. UNITED STATES-POLAND PARLIAMENTARY YOUTH EXCHANGE PROGRAM.
(a) Authority.--The Secretary of State, in cooperation with the
Government of Poland, may establish and carry out a parliamentary
exchange program for youth of the United States and Poland.
(b) Designation.--The youth exchange program carried out under this
subsection shall be known as the ``United States-Poland Parliamentary
Youth Exchange Program''.
(c) Purpose.--The purpose of the youth exchange program is to
demonstrate to the youth of the United States and Poland the benefits
of friendly cooperation between the United States and Poland based on
common political and cultural values.
(d) Eligible Participants.--An individual is eligible for
participation in the youth exchange program if the individual--
(1) is a citizen or national of the United States or of Poland;
(2) is under the age of 19 years;
(3) is a student who is enrolled and in good standing at a
secondary school in the United States or Poland;
(4) has been accepted for up to one academic year of study in a
program of study abroad approved for credit at such school; and
(5) meets any other qualifications that the Secretary of State
may establish for purposes of the program.
(e) Program Elements.--Under the youth exchange program, eligible
participants selected for participation in the program shall--
(1) live in and attend a public secondary school in the host
country for a period of one academic year;
(2) while attending public school in the host country,
undertake academic studies in the host country, with particular
emphasis on the history, constitution, and political development of
the host country;
(3) be eligible, either during or after the completion of such
academic studies, for an internship in an appropriate position in
the host country; and
(4) engage in such other activities as the President considers
appropriate to achieve the purpose of the program.
SEC. 4. ANNUAL REPORT TO CONGRESS.
The Secretary of State shall submit to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives an annual report on the United States-Poland
Parliamentary Youth Exchange Program established under this Act. Each
annual report shall include--
(1) information on the implementation of the Program during the
preceding year;
(2) the number of participants in the Program during such year;
(3) the names and locations of the secondary schools in the
United States and Poland attended by such participants;
(4) a description of the areas of study of such participants
during their participation in the Program;
(5) a description of any internships taken by such participants
during their participation in the Program; and
(6) a description of any other activities such participants
carried out during their participation in the Program.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated for the
Department of State for fiscal year 2008 such sums as may be necessary
to carry out the youth exchange program authorized by this Act.
(b) Availability.--Amounts authorized to be appropriated by
subsection (a) shall remain available until expended.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | United States-Poland Parliamentary Youth Exchange Program Act of 2007 - Authorizes the Secretary of State, in cooperation with the government of Poland, to establish a United States-Poland Parliamentary Youth Exchange Program for American and Polish secondary students under 19 years old who have been accepted for up to one academic year of study abroad in a credit-approved program. States that eligible participants shall: (1) live in and attend a public secondary school in the host country for one academic year; (2) undertake academic studies in the host country, with particular emphasis on the history, constitution, and political development of the host country; and (3) be eligible for an internship in the host country.
Directs the Secretary to report annually to the appropriate congressional committees respecting the Program.
Authorizes FY2008 appropriations. | A bill to establish a United States-Poland parliamentary youth exchange program, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kids IRA Act of 2008 (K-IRA)''.
SEC. 2. YOUNG SAVERS ACCOUNT.
(a) Establishment of Accounts.--
(1) In general.--Section 408A of the Internal Revenue Code
of 1986 (relating to Roth IRAs) is amended by adding at the end
the following new subsection:
``(g) Young Savers Account.--
``(1) In general.--Except as provided in this subsection, a
young savers account shall be treated in the same manner as a
Roth IRA.
``(2) Young savers account.--For purposes of this
subsection, the term `young savers account' means, with respect
to any taxable year, a Roth IRA which is established and
maintained on behalf of an individual who has not attained age
26 before the close of the taxable year.
``(3) Contribution limits.--In the case of any
contributions for any taxable year to 1 or more young savers
accounts established and maintained on behalf of an individual,
each of the following contribution limits for the taxable year
shall be increased as follows:
``(A) The contribution limit applicable to the
individual under subsection (c)(2) shall be increased
by the aggregate amount of qualified young saver
contributions to such accounts for the taxable year.
``(B) The contribution limits applicable to the
young savers accounts under subsection (a)(1) or
(b)(2)(B) of section 408, whichever is applicable,
shall be increased by the deductible amount in effect
under section 219(b)(5) for such taxable year
(determined without regard to subparagraph (B)
thereof).
``(4) Qualified contributions.--For purposes of this
subsection--
``(A) In general.--The term `qualified young saver
contribution' means a contribution by an individual
(with respect to whom a young savers account is not
established and maintained during the taxable year) to
a young savers account established and maintained on
behalf of another individual.
``(B) Limitations.--
``(i) Limit on accounts with respect to
individual.--The aggregate amount of
contributions which may be made for any taxable
year to all young savers accounts established
and maintained on behalf of an individual shall
not exceed the deductible amount in effect for
the taxable year under section 219(b)(5)
(determined without regard to subparagraph (B)
thereof).
``(ii) Limit on contributors.--The
aggregate amount of qualified contributions an
individual may make for any taxable year to all
young savers accounts shall not exceed the
deductible amount in effect for the taxable
year under section 219(b)(5) (determined
without regard to subparagraph (B) thereof).''.
(b) Partial Deductibility of Qualified Young Saver Contributions.--
Section 219 of such Code (relating to retirement savings) is amended by
adding at the end the following new subsection:
``(f) Qualified Young Saver Contributions.--
``(1) In general.--The amount allowable as a deduction
under this section (determined without regard to this
subsection) to any individual for any taxable year shall be
increased by an amount equal to 20 percent of so much of the
qualified young saver contributions (as defined in section
408A(g)) made by such individual for such taxable year as does
not exceed $5,000.
``(2) Limit based on modified adjusted gross income.--The
amount determined under paragraph (1) shall be reduced in the
same manner as under section 408A(c)(3)(A), except that the
applicable dollar amount shall be--
``(A) in the case of a taxpayer filing a joint
return, $315,000,
``(B) in the case of any other taxpayer (other than
a married individual filing a separate return),
$200,000, and
``(C) in the case of a married individual filing a
separate return, zero.
``(3) Inflation adjustment.--In the case of any taxable
year beginning in a calendar year after 2009, the dollar
amounts in subparagraphs (A) and (B) of paragraph (2) shall
each be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2008' for `calendar year 1992' in
subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be
rounded to the nearest multiple of $1,000.''.
(c) Conforming Amendment.--Paragraph (1) of section 408A(c) of such
Code (relating to no deduction allowed) is amended by striking ``No
deduction'' and inserting ``Except as provided in section 219(f), no
deduction''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008. | Kids IRA Act of 2008 (K-IRA) - Amends the Internal Revenue Code to establish young savers account for individual taxpayers under age 26. Treats such accounts as Roth individual retirement accounts (Roth IRAs) for income tax purposes. Allows a tax deduction for contributions to young savers accounts, up to $5,000 a taxable year. | To amend the Internal Revenue Code of 1986 to provide for tax preferred savings accounts for individuals under age 26, and for other purposes. |
OF COMPLAINT.
(a) Employment.--If, after a formal complaint is filed under
section 8 or in accordance with the procedures described in section
12(a), the employee and the head of the employing office resolve the
issues involved, the employee may withdraw the complaint or the parties
may enter into a written agreement, subject to the approval of the
executive director.
(b) Information.--If, after a formal complaint is filed in
accordance with the procedures described in section 11(a), the office
of the legislative branch and the petitioner seeking information from
the office resolve the issues involved, the petitioner may withdraw the
complaint or the parties may enter into a written agreement, subject to
the approval of the executive director.
SEC. 15. PROHIBITION OF INTIMIDATION.
Any intimidation of, or reprisal against, a congressional employee
by any Member or officer of the House of Representatives or of the
Senate, any head of an employing office, or any congressional employee,
as the case may be, because of the exercise of a right under this Act
relating to a provision described in section 2, constitutes an unlawful
employment practice, which may be remedied, except as provided in
section 5(a), in the same manner under this Act as is a violation
relating to such provision.
SEC. 16. CONFIDENTIALITY.
(a) Counseling.--All counseling conducted under this Act shall be
strictly confidential except that the Office and the employee may agree
to notify the head of the employing office of the allegations.
(b) Mediation.--All mediation conducted under this Act shall be
strictly confidential.
(c) Hearings.--Except as provided in subsections (d) and (e), the
hearings and deliberations of hearing boards (including any
decisionmaker under procedures described in section 11(a) or 12(a))
shall be confidential.
(d) Release of Records for Judicial Review.--The records of such
hearing boards may be made public if required for the purpose of
judicial review under section 9, 10, 11, or 12.
(e) Access by Committees of Congress.--At the discretion of the
executive director, the executive director may provide to the Committee
on Standards of Official Conduct of the House of Representatives and
the Select Committee on Ethics of the Senate access to the records of
the hearings and decisions of the hearing boards, including all written
and oral testimony in the possession of the hearing boards, concerning
a decision under section 8(g) or any decision or order issued after
procedures described in section 11(a) or 12(a). The executive director
shall not provide such access until the executive director has
consulted with the individual filing the complaint at issue in the
hearing, and until the hearing board has issued the decision.
SEC. 17. INSPECTIONS.
(a) In General.--On a regular basis, and at least once during each
Congress, the Office shall request that the Secretary of Labor and the
Architectural and Transportation Barriers Compliance Board detail to
the Office such personnel as may be necessary to inspect the facilities
of the legislative branch of the Federal Government in order to ensure
compliance with the Occupational Safety and Health Act of 1970, the
Fair Labor Standards Act of 1938, and title II of the Americans with
Disabilities Act of 1990.
(b) Date and Scope of Inspections.--The Office shall determine the
dates and scope of such inspections, in accordance with regulations
issued in accordance with section 4.
(c) Report.--After conducting such an inspection, the Office shall
prepare and submit for publication in the Congressional Record a report
containing information on the results of the inspection.
SEC. 18. COLLECTION OF INFORMATION.
(a) Collection.--The executive director shall collect information
with respect to complaints filed under section 8 or under procedures
described in section 11(a) or 12(a), including--
(1) the total number of such complaints;
(2) the number of such complaints that allege--
(A) discrimination on the basis of race or color;
(B) discrimination on the basis of sex;
(C) discrimination on the basis of religion;
(D) discrimination on the basis of national origin;
(E) discrimination on the basis of disability;
(F) discrimination on the basis of age;
(G) a violation of the Fair Labor Standards Act of
1938;
(H) a violation of chapter 71 of title 5, United
States Code;
(I) a violation of the Occupational Safety and
Health Act of 1970;
(J) a violation of the Family and Medical Leave Act
of 1993;
(K) a violation of the Employee Polygraph
Protection Act of 1988;
(L) a violation of the Worker Adjustment and
Retraining Notification Act; or
(M) a violation of section 552 of title 5, United
States Code (commonly known as the ``Freedom of
Information Act''), or section 552a of title 5, United
States Code (commonly known as the ``Privacy Act of
1974'');
(3) the number of such complaints that were resolved by--
(A) settlement;
(B) a decision following a hearing under section 8
or under procedures described in section 11(a) or
12(a); or
(C) withdrawal of the complaint, or other means;
and
(4) for each category of allegations described in
subparagraphs (A) through (M) of paragraph (2)--
(A) the aggregate amount of monetary compensation
(including damages, equitable monetary relief, and
interest) awarded as a result of settlement;
(B) the aggregate amount of such monetary
compensation awarded as a result of a decision
described in paragraph (3)(B); and
(C) the aggregate amount of such monetary
compensation awarded as a result of withdrawal of the
complaint or other means.
(b) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this section, and every year thereafter, the
executive director shall prepare and submit for publication in
the Congressional Record a report containing the information
described in subsection (a).
(2) Presentation of information in the aggregate.--In
preparing the reports described in paragraph (1), the executive
director shall not identify by name parties participating in
actions resulting from complaints described in subsection (a).
The reports shall present information collected under
subsection (a) in the aggregate.
SEC. 19. POLITICAL AFFILIATION AND PLACE OF RESIDENCE.
(a) In General.--It shall not be a violation to consider the--
(1) party affiliation;
(2) domicile; or
(3) political compatibility with the employing office,
of an employee with respect to employment decisions issued under this
Act.
(b) Definition.--For purposes of subsection (a), the term
``employee'' means--
(1) a congressional employee on the staff of the leadership
of the House of Representatives or the leadership of the
Senate;
(2) a congressional employee on the staff of a committee or
subcommittee of--
(A) the House of Representatives; or
(B) the Senate;
(3) a congressional employee on the staff of a Member of
the House of Representatives or on the staff of a Senator;
(4) an officer of the House of Representatives or Senate,
or a congressional employee, who is elected by the House of
Representatives or Senate or is appointed by a Member of the
House of Representatives or by a Senator, other than an
employee described in paragraph (1), (2), or (3); or
(5) an applicant for a position that is to be occupied by
an individual described in any of paragraphs (1) through (4).
SEC. 20. OTHER REVIEW.
No congressional employee may commence a judicial proceeding to
redress practices prohibited under section 2 or 4, except as provided
in this Act.
SEC. 21. SEVERABILITY.
If any provision of this Act or the application of such provision
to any person or circumstance is held to be unconstitutional, the
remainder of this Act and the application of the provisions of such to
any person or circumstance shall not be affected thereby.
SEC. 22. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as may be necessary for fiscal year 1995 and each subsequent
fiscal year.
SEC. 23. DEFINITIONS.
As used in this Act:
(1) Congressional employee.--The term ``congressional
employee'' means--
(A) an employee of the House of Representatives;
(B) an employee of the Senate; and
(C) an employee of an instrumentality.
(2) Employee of an instrumentality.--The term ``employee of
an instrumentality'' means--
(A) an employee of the Architect of the Capitol
(except an employee described in paragraph (3) or (4)),
the Congressional Budget Office, the General Accounting
Office, the Government Printing Office, the Library of
Congress, the Office of Technology Assessment, or the
United States Botanic Garden;
(B) with respect to the application of a provision
described in paragraph (4), (5), (6), or (7) of section
2(a), section 2(c), or section 2(d), any applicant for
a position that will last 90 days or more and that is
to be occupied by an individual described in
subparagraph (A); or
(C) any individual who was formerly an employee
described in subparagraph (A) and whose claim of a
violation arises out of the employment of the
individual by an instrumentality described in
subparagraph (A).
(3) Employee of the house of representatives.--The term
``employee of the House of Representatives'' means an
individual who was eligible to file a formal complaint with the
Office of Fair Employment Practice of the House of
Representatives under clause 6 of rule LI of the Rules of the
House of Representatives, as in effect on the day before the
date of enactment of this Act. Such term shall only include an
applicant for employment with an entity of the House of
Representatives with respect to the application of a provision
described in paragraph (4), (5), (6), or (7) of section 2(a),
section 2(c), or section 2(d).
(4) Employee of the senate.--The term ``employee of the
Senate'' means--
(A) any employee whose pay is disbursed by the
Secretary of the Senate;
(B) any employee of the Architect of the Capitol
who is assigned to the Senate Restaurants or to the
Superintendent of the Senate Office Buildings;
(C) with respect to the application of a provision
described in paragraph (4), (5), (6), or (7) of section
2(a), section 2(c), or section 2(d), any applicant for
a position that will last 90 days or more and that is
to be occupied by an individual described in
subparagraph (A) or (B); or
(D) any individual who was formerly an employee
described in subparagraph (A) or (B) and whose claim of
a violation arises out of the individual's Senate
employment.
(5) Employing office.--The term ``employing office'' means
the office headed by a head of an employing office.
(6) Head of an employing office.--The term ``head of an
employing office'' means the individual who has final authority
to appoint, hire, discharge, and set the terms, conditions, or
privileges of the congressional employment of a congressional
employee.
(7) Instrumentality.--The term ``instrumentality'' means an
entity described in paragraph (2)(A).
(8) Violation.--The term ``violation'' means a violation of
a provision listed in section 2 or a regulation that takes
effect under section 4(c).
S 2071 IS----2
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S 2071 IS----4 | Congressional Accountability Act - Makes specified Federal statutes (or provisions thereof) applicable to the offices and employees of the legislative branch of the Federal Government, including (with exceptions): (1) the Fair Labor Standards Act of 1938 (FLSA); (2) the Occupational Safety and Health Act of 1970 (OSHA); (3) the Civil Rights Act of 1964; (4) the Age Discrimination in Employment Act of 1967; (5) the Americans with Disabilities Act of 1990 (ADA); (6) the Rehabilitation Act of 1973; (7) the Family and Medical Leave Act of 1993; (8) the Employee Polygraph Protection Act of 1988; (9) the Worker Adjustment and Retraining Notification Act; (10) the Freedom of Information Act (FOIA); (11) the Privacy Act of 1974 (Privacy Act); and (12) provisions governing Federal labor-management relations.
(Sec. 3) Establishes in the legislative branch an Office of Compliance. Provides for a Board of Directors: (1) to issue regulations that specify the manner in which provisions of this Act shall be implemented to ensure compliance; (2) when proposing regulations, to recommend to the Congress any needed changes in or repeals of existing law to accommodate the application of such provision to its employees and offices; and (3) to study provisions of Federal law relating to employment, personnel actions, or availability of information to the public that are similar to such provision and that do not apply to congressional offices or employees, and recommend to the Congress whether any of those provisions should be applied to congressional offices or employees.
Sets forth congressional disapproval procedures with respect to the issuance of regulations of, and rulemaking by, the Office. Requires the Board to carry out a program to inform Members of Congress, congressional employees, and heads of congressional offices as to the provisions, including remedies, made applicable to the legislative branch.
(Sec. 5) Sets forth procedures for consideration of alleged violations of civil rights and personnel requirements, including: (1) step I, counseling; (2) step II, mediation; and (3) at the election of the employee alleging the violation, step IIIA, formal complaint and hearing by a hearing board, and step IV, judicial review of a hearing board decision by the U.S. Court of Appeals for the Federal Circuit, or step IIIB, a civil action in a U.S. district court.
(Sec. 11) Sets forth procedures for consideration of alleged violations relating to: (1) information requirements; and (2) labor management and occupational health and safety requirements.
(Sec. 13) Makes FOIA and the Privacy Act inapplicable to specified offices, including the personnel offices of Members of Congress, congressional committees, and the offices of any caucus or partisan organization related to the Congress.
(Sec. 15) Treats intimidation of, or reprisal against, a congressional employee by any Member or officer of the Congress, any head of a congressional office, or any congressional employee, because of the exercise of a right under this Act, as an unlawful employment practice.
(Sec. 16) Sets forth provisions regarding confidentiality with respect to counseling, mediation, hearings, release of records for judicial review, and access by congressional committees.
(Sec. 17) Requires the Office, on a regular basis and at least once during each Congress, to request that the Secretary of Labor and the Architectural and Transportation Barriers Compliance Board detail to the Office such personnel as necessary to inspect the facilities of the legislative branch to ensure compliance with OSHA, FLSA, and ADA.
(Sec. 18) Requires the executive director of the office (appointed by the chairperson of the Board) to: (1) collect information with respect to complaints filed under this Act; and (2) submit for publication in the Congressional Record a report containing such information, without identifying parties by name.
(Sec. 19) Specifies that it shall not be a violation to consider the party affiliation, domicile, or political compatibility with the employing office of an employee with respect to employment decisions issued under this Act.
(Sec. 20) Prohibits a congressional employee from commencing a judicial proceeding to redress practices prohibited under this Act, except as provided in this Act.
(Sec. 22) Authorizes appropriations. | Congressional Accountability Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Developing Responsible Individuals
for a Vibrant Economy Act'' or the ``DRIVE-Safe Act''.
SEC. 2. APPRENTICESHIP PROGRAM FOR COMMERCIAL DRIVERS UNDER THE AGE OF
21.
(a) In General.--For purposes of this section, the term
``apprentice'' means an individual under the age of 21 who holds a
commercial driver's license.
(b) Apprentice.--An apprentice--
(1) may drive a commercial motor vehicle in interstate
commerce while taking part in the 120-hour probationary period
(as described in subsection (c)(1)) and the 280-hour
probationary period (as described in subsection (c)(2)),
pursuant to an apprenticeship program established by an
employer that complies with the requirements of this section;
and
(2) may drive a commercial motor vehicle in interstate
commerce once such apprentice completes such an apprenticeship
program.
(c) Form of Apprenticeship Program.--For purposes of this section,
the term ``apprenticeship program'' means one that is defined and
structured as follows:
(1) 120-hour probationary period.--
(A) In general.--The apprentice shall complete 120
hours of on-duty time, of which at least 80 hours are
driving time in a commercial motor vehicle.
(B) Performance benchmarks.--In order to complete
the 120-hour probationary period, an employer shall
determine that the apprentice is competent in the
following areas:
(i) Interstate, light city traffic, rural
two-lane, and evening driving.
(ii) Safety awareness.
(iii) Speed and space management.
(iv) Lane control.
(v) Mirror scanning.
(vi) Right and left turns.
(vii) Logging and complying with rules
concerning hours of service.
(2) 280-hour probationary period.--
(A) In general.--After completion of the
requirements of paragraph (1), the apprentice shall
complete 280 hours of on-duty time, of which at least
160 hours are driving time in a commercial motor
vehicle.
(B) Performance benchmarks.--In order to complete
the 280-hour probationary period, an employer shall
determine that the apprentice is competent in the
following areas:
(i) Backing and maneuvering in close
quarters.
(ii) Pre-trip inspections.
(iii) Fueling procedures.
(iv) Weighing loads, weight distribution,
and sliding tandems.
(v) Coupling and uncoupling procedures.
(vi) Trip planning, truck routes, map
reading, navigation, and permits.
(vii) Transporting hazardous materials, if
properly endorsed.
(3) Restrictions for first period.--During the driving time
described in paragraph (1), the apprentice may not operate a
commercial motor vehicle on which hazardous materials placards
are placed.
(4) Restrictions for both periods.--During the driving time
described in paragraphs (1) and (2)--
(A) the apprentice may only drive a commercial
motor vehicle that has--
(i) automatic manual or automatic
transmissions;
(ii) active braking collision mitigation
systems;
(iii) forward-facing video event capture;
and
(iv) governed speeds of 65 miles per hour
at the pedal and 65 miles per hour under
adaptive cruise control; and
(B) the apprentice shall be accompanied in the cab
of the commercial motor vehicle by an experienced
driver.
(5) Records retention.--The employer shall maintain
records, in a manner required by the Secretary of
Transportation, concerning an apprentice's satisfaction of the
requirements of paragraphs (1)(B) and (2)(B).
(6) Reportable incidents.--If the apprentice is involved in
a preventable, reportable to the Department of Transportation
accident or pointed moving violation while driving a commercial
motor vehicle as part of an apprenticeship program described in
this section, the apprentice shall undergo remediation and
additional training, until such apprentice can demonstrate to
the employer's satisfaction the performance benchmarks
described in paragraphs (1)(B) and (2)(B).
(7) Completion of program.--The apprentice completes the
apprenticeship program on the date such apprentice completes
the probationary period described in paragraph (2).
(8) Minimum requirements.--
(A) In general.--Nothing in this Act shall preclude
an employer from imposing additional requirements on an
apprentice taking part in an apprenticeship program
established pursuant to this section.
(B) Technologies.--Nothing in this Act shall
preclude an employer from requiring or installing
additional technologies in a commercial motor vehicle
in addition to the technologies described in paragraph
(4)(A).
(d) Definitions.--In this section:
(1) The term ``commercial motor vehicle'' has the meaning
given such term in section 390.5 of title 49, Code of Federal
Regulations, as in effect on the date of enactment of this Act.
(2) The term ``driving time'' has the meaning given such
term in section 395.2 of title 49, Code of Federal Regulations,
as in effect on the date of enactment of this Act.
(3) The term ``experienced driver'' means an individual
who--
(A) is at least 21 years of age;
(B) has held a commercial driver's license for the
2 years preceding the date on which such individual
serves as an experienced driver;
(C) has had no preventable, reportable to the
Department of Transportation accidents or pointed
moving violations for the year preceding the date on
which such individual serves as an experienced driver;
and
(D) has a minimum of 1 year of experience driving a
commercial motor vehicle in interstate commerce.
(4) The term ``on-duty time'' has the meaning given such
term in section 395.2 of title 49, Code of Federal Regulations,
as in effect on the date of enactment of this Act.
(5) The term ``pointed moving violation'' means a violation
that results in points being added to the license of a driver,
or a similar violation that the Secretary determines is
comparable.
(e) Issuance of Regulations.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall issue regulations that
comply with the requirements of this Act. | Developing Responsible Individuals for a Vibrant Economy Act or the DRIVE-Safe Act This bill directs the Department of Transportation to issue regulations relating to an apprenticeship program for licensed commercial motor vehicle drivers under the age of 21. | Developing Responsible Individuals for a Vibrant Economy Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flexibility to Promote Reemployment
Act''.
SEC. 2. REMOVAL OF BARRIERS TO PROMOTE REEMPLOYMENT THROUGH
DEMONSTRATION PROJECTS.
(a) Modification of Numerical Limitation.--Subsection (a) of
section 305 of the Social Security Act (42 U.S.C. 505) is amended by
inserting ``per year'' after ``10 States''.
(b) Clarification of Application Requirements.--Subsection (b) of
such section 305 is amended--
(1) by inserting ``or his or her designee'' after ``The
Governor of any State''; and
(2) by striking paragraph (2) and inserting the following:
``(2) for any waiver requested under subsection (c), a
statement describing--
``(A) the specific provision or provisions of law
for which such waiver is requested; and
``(B) the specific aspects of the project to which
such waiver would apply and the reasons why it is
needed;''.
(c) Extension of Eligible Time Period.--Subsection (d) of such
section 305 is amended--
(1) in paragraph (2), by striking ``may not be approved''
and inserting ``may not be conducted''; and
(2) in paragraph (3), by striking ``December 31, 2015'' and
inserting ``December 31, 2017''.
(d) Clarification of Demonstration Activities.--Subsection (e) of
such section 305 is amended--
(1) in paragraph (1), by striking ``for employer-provided
training, such as'' and inserting ``to employers or claimants
for employer-provided training or''; and
(2) in paragraph (2), by striking ``, not to exceed the
weekly benefit amount for each such individual, to pay part of
the cost of wages that exceed the unemployed individual's prior
benefit level'' and inserting ``that include disbursements
promoting retention''.
(e) Selection of Qualifying Applications on a First-Come, First-
Served Basis.--Subsection (f) of such section 305 is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3); and
(2) by inserting before paragraph (2) (as redesignated by
this subsection) the following:
``(1) approve completed applications in the order of
receipt;''.
(f) Termination of Demonstration Projects.--Subsection (g) of such
section 305 is amended to read as follows:
``(g) The Secretary of Labor may terminate a demonstration project
under this section if the Secretary--
``(1) determines that the State has violated the
substantive terms or conditions of the project;
``(2) notifies the State in writing with sufficient detail
describing the violation; and
``(3) determines that the State has not taken action to
correct the violation within 90 days after the notification.''.
(g) Effective Date; Transition Rule.--
(1) Effective date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
(2) Transition rule.--
(A) In general.--Nothing in this Act shall be
considered to terminate or otherwise affect any
demonstration project approved under section 305 of the
Social Security Act before the date of the enactment of
this Act.
(B) Original conditions continue to apply.--A
demonstration project described in subparagraph (A)
shall be conducted in the same manner as if subsections
(a) through (f) had not been enacted.
SEC. 3. EVALUATION OF DEMONSTRATION PROJECTS.
(a) In General.--Section 305 of the Social Security Act (42 U.S.C.
505) is amended by adding at the end the following:
``(i) The Secretary of Labor shall conduct an impact evaluation of
each demonstration project conducted under this section, using existing
data sources to the extent possible and methodology appropriate to
determine the effects of the demonstration project, including on
individual skill levels, earnings, and employment retention.''.
(b) Cooperation by State.--Section 305(b) of the Social Security
Act (42 U.S.C. 505(b)) (as amended by section 2(b) of this Act) is
further amended by striking paragraphs (5) and (6) and inserting the
following:
``(5) a description of the manner in which the State will
determine the extent to which the goals and outcomes described
in paragraph (3) were achieved;
``(6) assurances that the State will cooperate, in a timely
manner, with the Secretary of Labor with respect to the impact
evaluation conducted under subsection (i); and''.
(c) Reporting.--Not later than 90 days after the end of fiscal year
2014 and each fiscal year thereafter, until the completion of the last
evaluation under section 305(i) of the Social Security Act, the
Secretary shall submit to the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the Senate, a report
that includes a description of--
(1) the status of each demonstration project being carried
out under this section;
(2) the results of the evaluation completed during the
previous fiscal year; and
(3) the Secretary's plan for--
(A) disseminating the findings of the report to
appropriate State agencies; and
(B) incorporating the components of successful
demonstration projects that reduced benefit duration
and increased employment into Federal unemployment law.
(d) Public Dissemination.--In addition to the reporting
requirements under subparagraph (c), evaluation results shall be shared
broadly to inform policy makers, service providers, other partners, and
the public in order to promote wide use of successful strategies,
including by posting evaluation results on the Internet website of the
Department of Labor. | Flexibility to Promote Reemployment Act - Amends title III (Grants to States for Unemployment Compensation Administration) of the Social Security Act, with respect to grants to states by the Secretary of Labor for reemployment demonstration projects, to allow grants to up to 10 states per year instead of a maximum of 10 states altogether. Allows a designee of a state governor, instead of only the governor, to apply for such a grant. Extends the allowable project period through December 31, 2017. Allows direct disbursements under a project to employers who hire individuals receiving unemployment compensation to include disbursements promoting retention. Requires the Secretary of Labor to approve completed grant applications in the order of receipt. Revises requirements for termination of a project to require the Secretary to: (1) notify a state in writing with sufficient detail describing any violation of the substantive terms or conditions of a project justifying its termination, and (2) determine that the state has not taken action to correct the violation within 90 days after notification. Directs the Secretary to evaluate the impact of each demonstration project, using existing data sources and methodology appropriate to determine project effects, including the effect on individual skill levels, earnings, and employment retention. | Flexibility to Promote Reemployment Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect our Kids Act of 2012''.
SEC. 2. FINDINGS.
Congress finds that--
(1) deaths from child abuse and neglect are preventable;
(2) deaths from child abuse and neglect are significantly
underreported and there is no national standard for reporting
such deaths;
(3) according to the Child Maltreatment Report of 2011, in
fiscal year 2011, 1,545 children in the United States are
reported to have died from child abuse and neglect, and many
experts believe that the actual number may be significantly
more;
(4) over 42 percent of the number of children in the United
States who die from abuse are under the age of 1, and almost 82
percent are under the age of 4;
(5) of the children who died in fiscal year 2011, 70
percent suffered neglect either exclusively or in combination
with another maltreatment type and 48 percent suffered physical
abuse either exclusively or in combination;
(6) increased understanding of deaths from child abuse and
neglect can lead to improvement in agency systems and practices
to protect children and prevent child abuse and neglect; and
(7) Congress in recent years has taken a number of steps to
reduce child fatalities from abuse and neglect, such as--
(A) providing States with flexibility through the
Child and Family Services Improvement and Innovation
Act of 2011 to operate child welfare demonstration
projects to test services focused on preventing abuse
and neglect and ensuring that children remain safely in
their own homes;
(B) providing funding through the Child and Family
Services Improvement Act of 2006 for services and
activities to enhance the safety of children who are at
risk of being placed in foster care as a result of a
parent's substance abuse;
(C) providing funding through the Fostering
Connections to Success and Increasing Adoptions Act of
2008 for grants to facilitate activities such as family
group decisionmaking meetings and residential family
treatment programs to support parents in caring for
their children; and
(D) requiring States through the Child and Family
Services Improvement and Innovation Act of 2011 to
describe how they will improve the quality of data
collected on fatalities from child abuse and neglect.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established the Commission to
Eliminate Child Abuse and Neglect Fatalities (in this Act referred to
as the ``Commission'').
(b) Membership.--
(1) Composition.--
(A) Members.--The Commission shall be composed of
12 members, of whom--
(i) 6 shall be appointed by the President;
(ii) 2 shall be appointed by the Speaker of
the House of Representatives;
(iii) 1 shall be appointed by the minority
leader of the House of Representatives;
(iv) 2 shall be appointed by the majority
leader of the Senate; and
(v) 1 shall be appointed by the minority
leader of the Senate.
(B) Qualifications.--Each member appointed under
subparagraph (A) shall have experience in one or more
of the following areas:
(i) child welfare administration;
(ii) child welfare research;
(iii) child development;
(iv) legislation, including legislation
involving child welfare matters;
(v) trauma and crisis intervention;
(vi) pediatrics;
(vii) psychology and mental health;
(viii) emergency medicine;
(ix) forensic pathology or medical
investigation of injury and fatality;
(x) social work with field experience;
(xi) academia at an institution of higher
education, as that term is defined in section
101 of the Higher Education Act of 1965 (20
U.S.C. 1001), with a focus on one or more of
the other areas listed under this subparagraph;
(xii) law enforcement, with experience
handling child abuse and neglect matters;
(xiii) civil law, with experience handling
child abuse and neglect matters;
(xiv) criminal law, with experience
handling child abuse and neglect matters;
(xv) substance abuse treatment;
(xvi) education at an elementary school or
secondary school, as those terms are defined in
section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801);
(xvii) epidemiology; and
(xviii) computer science or software
engineering with a background in
interoperability standards.
(C) Diversity of qualifications.--In making
appointments to the Commission under subparagraph (A),
the President and the congressional leaders shall make
every effort to select individuals whose qualifications
are not already represented by other members of the
Commission.
(2) Date.--The appointments of the members of the
Commission shall be made not later than 90 days after the date
of enactment of this Act.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Initial Meeting.--Not later than 60 days after the date on
which a majority of the members of the Commission have been appointed,
the Commission shall hold its first meeting.
(e) Meetings.--The Commission shall meet at the call of the
Chairperson.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(g) Chairperson.--The President shall select a Chairperson for the
Commission from among its members.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Study.--
(1) In general.--The Commission shall conduct a thorough
study on the use of child protective services and child welfare
services funded under title IV and subtitle A of title XX of
the Social Security Act to reduce fatalities from child abuse
and neglect.
(2) Matters studied.--The matters studied by the Commission
shall include--
(A) the effectiveness of the services described in
paragraph (1) and best practices in preventing child
and youth fatalities that are intentionally caused or
that occur due to negligence, neglect, or a failure to
exercise proper care;
(B) the effectiveness of Federal, State, and local
policies and systems within such services aimed at
collecting accurate, uniform data on child fatalities
in a coordinated fashion, including the identification
of the most and least effective policies and systems in
practice;
(C) the current (as of the date of the study)
barriers to preventing fatalities from child abuse and
neglect, and how to improve efficiency to improve child
welfare outcomes;
(D) trends in demographic and other risk factors
that are predictive of or correlated with child
maltreatment, such as age of the child, child behavior,
family structure, parental stress, and poverty;
(E) methods of prioritizing child abuse and neglect
prevention within such services for families with the
highest need; and
(F) methods of improving data collection and
utilization, such as increasing interoperability among
State and local and other data systems.
(3) Materials studied.--The Commission shall review--
(A) all current (as of the date of the study)
research and documentation, including the National
Survey of Child and Adolescent Well-Being and research
and recommendations from the Government Accountability
Office, to identify lessons, solutions, and needed
improvements related to reducing fatalities from child
abuse and neglect; and
(B) recommendations from the Advisory Board on
Child Abuse and Neglect.
(b) Coordination.--The Commission shall provide opportunities for
graduate and doctoral students to coordinate research with the
Commission.
(c) Recommendations.--The Commission shall--
(1) develop recommendations to reduce fatalities from child
abuse and neglect for Federal, State, and local agencies, and
private sector and nonprofit organizations, including
recommendations to implement a comprehensive national strategy
for such purpose; and
(2) develop guidelines for the type of information that
should be tracked to improve interventions to prevent
fatalities from child abuse and neglect.
(d) Report.--
(1) In general.--Not later than 2 years after the date on
which a majority of the members of the Commission have been
appointed, the Commission shall submit a report to the
President and Congress, which shall contain a detailed
statement of the findings and conclusions of the Commission,
together with its recommendations for such legislation and
administrative actions as it considers appropriate.
(2) Extension.--The President may extend the date on which
the report described in paragraph (1) shall be submitted by an
additional 1 year.
(3) Online access.--The Commission shall make the report
under paragraph (1) available on the publicly available
Internet Web site of the Department of Health and Human
Services.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings.--
(1) In general.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable to
carry out this Act.
(2) Location.--The location of hearings under paragraph (1)
shall include--
(A) areas with high fatality rates from child abuse
and neglect; and
(B) areas that have shown a decrease in fatalities
from child abuse and neglect.
(3) Subject.--The Commission shall hold hearings under
paragraph (1)--
(A) to examine the Federal, State, and local
policies and available resources that affect fatalities
from child abuse and neglect; and
(B) to explore the matters studied under section
4(a)(2).
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out this Act. Upon request of
the Chairperson of the Commission, the head of such department or
agency shall furnish such information to the Commission.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(d) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(b) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--The Chairperson of the Commission may
fix the compensation of the executive director and other
personnel without regard to chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for the executive director and
other personnel may not exceed the rate payable for level V of
the Executive Schedule under section 5316 of such title.
(c) Detail of Government Employees.--At the discretion of the
relevant agency, any Federal Government employee may be detailed to the
Commission without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege.
(d) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals that do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
SEC. 7. TERMINATION OF THE COMMISSION.
The Commission shall terminate on the earlier of--
(1) the 30th day after the date on which the Commission
submits its report under section 4(d); or
(2) the date that is 3 years after the initial meeting
under section 3(d).
SEC. 8. FEDERAL AGENCY RESPONSE.
Not later than 6 months after the submission of the report required
under section 4(d), any Federal agency that is affected by a
recommendation described in the report shall submit to Congress a
report containing the response of the Federal agency to the
recommendation and the plans of the Federal agency to address the
recommendation.
SEC. 9. ADJUSTMENT TO THE TANF CONTINGENCY FUND FOR STATE WELFARE
PROGRAMS.
(a) In General.--Section 403(b)(2) of the Social Security Act (42
U.S.C. 603(b)(2)) is amended by striking ``for fiscal years 2011 and
2012'' and all that follows through the end of the paragraph and
inserting ``for fiscal years 2013 and 2014 such sums as are necessary
for payment to the Fund in a total amount not to exceed $612,000,000
for each fiscal year, of which $2,000,000 shall be reserved for
carrying out the activities of the commission established by the
Protect our Kids Act of 2012 to reduce fatalities resulting from child
abuse and neglect.''
(b) Prevention of Duplicate Appropriations for Fiscal Year 2013.--
Expenditures made pursuant to section 148 of the Continuing
Appropriations Resolution, 2013, for fiscal year 2013, shall be charged
to the applicable appropriation provided by the amendments made by this
section for such fiscal year. | Protect Our Kids Act of 2012 - Establishes the Commission to Eliminate Child Abuse and Neglect Fatalities to: (1) study the use of child protective services and child welfare services under titles IV and XX (Block Grants to States for Social Services) of the Social Security Act (SSA) to reduce fatalities from child abuse and neglect; (2) develop recommendations to reduce such fatalities for federal, state, and local agencies, and private sector and nonprofit organizations, including recommendations to implement a comprehensive national strategy for such purpose; and (3) develop guidelines for the type of information that should be tracked to improve interventions to prevent such fatalities.
Requires any federal agency affected by a recommendation to report to Congress its response and plans to address it.
Amends SSA title IV part A (Temporary Assistance for Needy Families) (TANF) to make an adjustment to the Contingency Fund for State Welfare Programs with respect to deposits for FY2013-FY2014, reserving a specified amount for Commission activities. | A bill to establish a commission to develop a national strategy and recommendations for reducing fatalities resulting from child abuse and neglect. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Disaster Loan Equity Act
of 2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Major disasters, including natural disasters and
disasters caused by terrorist acts, often result in a decline
in economic activity in areas affected by the disaster and a
reduction in tax collections by State and local governments
serving those areas.
(2) A report of the Government Accountability Office
entitled ``September 11: Recent Estimates of Fiscal Impact of
2001 Terrorist Attack on New York'', dated March 2005,
confirmed prior estimates that--
(A) New York City lost between $2,500,000,000 and
$2,900,000,000 in tax revenues for fiscal years 2002
and 2003; and
(B) the State of New York lost $2,900,000,000 for
fiscal years 2002 and 2003.
(3) The impact of Hurricane Katrina on State and local tax
revenues is not yet known, but the impact is believed to be
extensive.
(4) Under the community disaster loan program (in this
section referred to as the ``CDL program''), as authorized by
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act, the President may make loans to a local government
suffering a substantial loss of tax and other revenues as a
result of a major disaster, if the local government
demonstrates a need for financial assistance in order to
preform its governmental function.
(5) The President may cancel the repayment of all or any
part of a loan made to a local government under the CDL program
if revenues following the disaster are insufficient to meet the
operating budget of that local government as a result of
disaster-related revenue losses and additional unreimbursed
disaster-related municipal operating expenses. In the case of a
major disaster designated as an incident of national
significance, including natural disasters and disasters caused
by terrorist acts, repayment of any interest or principal on a
loan made under the CDL program should not be required.
(6) Assistance made available under the CDL program is
often instrumental in aiding the full recovery of a local
government following a major disaster.
(7) The Disaster Mitigation Act of 2000 established a
$5,000,000 limitation on loans made to a local government under
the CDL program in connection with a major disaster. Before the
date of enactment of such Act, there was not any limitation on
the amount of such loans.
(8) The $5,000,000 limitation is inequitable when applied
to a local government serving a largely populated area, such as
New York City, and when applied to an area that is completely
devastated by a major disaster (such as Orleans, St. Bernard,
and Plaquemines parishes in the State of Louisiana following
Hurricane Katrina), and is inconsistent with the objective of
the CDL program to provide meaningful assistance to a local
government recovering from a major disaster.
(9) On October 4, 2005, the Mayor of New Orleans announced
that the city was laying off 3,000 city employees as a result
of reduced tax revenues following Hurricane Katrina.
SEC. 3. COMMUNITY DISASTER LOANS.
(a) Eligibility of States.--Section 417 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184) is
amended by striking ``local government'' each place it appears and
inserting ``State or local government''.
(b) Amount.--Section 417(b) of such Act (42 U.S.C. 5184(b)) is
amended--
(1) by striking ``based on need, shall'' and inserting
``based on need and shall''; and
(2) by striking ``, and shall not exceed $5,000,000''.
(c) Incidents of National Significance.--Section 417 of such Act
(42 U.S.C. 5184) is amended by adding at the end the following:
``(e) Incidents of National Significance.--
``(1) Loan terms.--In the case a loan made under this
section to a State or local government which may suffer a
substantial loss of tax and other revenues as a result of a
major disaster that the President determines to be an incident
of national significance--
``(A) the amount of the loan shall not be subject
to the per centum limitation in subsection (b); and
``(B) the President shall not require the payment
of any interest or principal on a loan.
``(2) Incident of national significance defined.--In this
subsection, the term `incident of national significance' has
the meaning such term has in the national response plan
established pursuant to section 502(6) of the Homeland Security
Act of 2002 (6 U.S.C. 312(6)).''.
(d) Applicability.--The amendments made by this section shall apply
with respect to any major disaster occurring on or after August 24,
2005. | Community Disaster Loan Equity Act of 2005 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to make community disaster loans to state governments. Eliminates the $5 million limit on such a loan, and prohibits the President from requiring its repayment, if the state or local government receiving it may suffer a substantial loss of tax and other revenues as a result of a major disaster determined to be an incident of national significance.
Applies this Act to any major disaster occurring on or after August 24, 2005. | To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to modify the terms of the community disaster loan program, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bombing Prevention Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the number of criminal bombing incidents in the United
States has doubled since 1988;
(2) each year, hundreds of millions of pounds of explosives
are purchased without a permit being required;
(3) about one-third of the bombs used in crime in recent
years have contained black powder or smokeless powder as
filler;
(4) the terrorist bombing of the World Trade Center, a
series of bombings in western New York State, the bombing of
the Federal building in Oklahoma City, and the bombing in
Centennial Park in Atlanta demonstrate the grave dangers of
bomb attacks;
(5) effective regulation of interstate commerce in
explosives is possible only with changes in the regulatory
framework;
(6) explosive materials, by their nature, are composed of
numerous different substances, many of which have travelled in
interstate or foreign commerce; and
(7) the protection of the safety and property of the
citizenry, including the infrastructure vital to the conduct of
interstate and foreign commerce, requires more careful
regulation of explosives transactions.
SEC. 3. PERMITS FOR PURCHASE OF EXPLOSIVES.
(a) In General.--Section 842 of title 18, United States Code, is
amended--
(1) by amending subparagraphs (A) and (B) of subsection
(a)(3) to read as follows:
``(A) to transport, ship, cause to be transported,
or receive any explosive materials in interstate or
foreign commerce; or
``(B) to distribute explosive materials in
interstate or foreign commerce to any person other than
a licensee or permittee.''; and
(2) in subsection (b)--
(A) by adding ``or'' at the end of paragraph (1);
(B) by striking ``; or'' at the end of paragraph
(2) and inserting a period; and
(C) by striking paragraph (3).
(b) Effective Date.--The amendments made by subsection (a) shall
apply to conduct engaged in after the 18-month period that begins with
the date of the enactment of this Act.
(c) Regulations.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act, the Secretary of the Treasury shall
issue final regulations with respect to the amendments made by
subsection (a), which shall take effect 18 months after such
date of enactment.
(2) Notice to states.--On the issuance of regulations
pursuant to paragraph (1), the Secretary of the Treasury shall
notify the States of the regulations so that the States may
consider revising their explosives laws.
SEC. 4. LICENSES AND USER PERMITS.
Section 843(a) of title 18, United States Code, is amended--
(1) by inserting ``, including fingerprints and a
photograph of the applicant'' before the period at the end of
the 1st sentence; and
(2) by striking the 2nd sentence and inserting the
following: ``Each applicant for a license shall pay for each
license a fee established by the Secretary that shall not
exceed $300. Each applicant for a permit shall pay for each
permit a fee established by the Secretary that shall not exceed
$100.''.
SEC. 5. USE OF NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM TO
INVESTIGATE APPLICANTS FOR LICENSES AND PERMITS.
The Secretary of the Treasury may use the national instant criminal
background check system established under section 103 of the Brady
Handgun Violence Prevention Act to investigate each applicant for a
license or permit under chapter 40 of title 18, United States Code.
SEC. 6. REQUIREMENTS FOR PURCHASES OF BLACK POWDER AND SMOKELESS
POWDER.
(a) In General.--Section 845 of title 18, United States Code, is
amended--
(1) in subsection (a)(4), by striking ``and components
thereof'';
(2) in subsection (a)(5), by striking ``commercially
manufactured black powder in quantities not to exceed fifty
pounds,''; and
(3) by adding at the end the following:
``(c) Except in the case of section 842(f), and subsections (d),
(e), (f), (g), (h), (i), (n), and (o) of section 844, this chapter
shall not apply to commercially manufactured black powder or smokeless
powder in quantities not to exceed 5 pounds.''.
(b) Conforming Amendment.--Section 926 of such title is amended by
striking subsection (c).
SEC. 7. ENHANCED PENALTIES.
Pursuant to its authority under section 994 of title 28, United
States Code, the United States Sentencing Commission shall promulgate
amendments to the sentencing guidelines to appropriately enhance the
penalties for a violation of any provision of chapter 40 of title 18,
United States Code, the penalties for which are not as severe as the
penalties for a comparable violation of chapter 44 of such title 18, so
that the penalties for the violation of the provision of such chapter
40 are the same as the penalties for a comparable violation of such
chapter 44.
SEC. 8. FORFEITURE OF INSTRUMENTALITIES OF EXPLOSIVES OFFENSES.
(a) Civil Forfeiture.--Section 981(a)(1) of title 18, United States
Code, is amended by adding at the end the following:
``(G) Any property, real or personal, involved in a
violation of chapter 40 (relating to importation, manufacture,
distribution, and storage of explosive materials), or in a
conspiracy to commit such a violation, and any other property
traceable to such property.''.
(b) Criminal Forfeiture.--Section 982(a) of such title is amended
by inserting the following:
``(6) The court, in imposing a sentence on a person convicted of a
violation of chapter 40 or of conspiring to commit such a violation,
shall order the person to forfeit to the United States any property,
real or personal, involved in the violation or in the conspiracy, and
any other property traceable to such property.''. | Bombing Prevention Act - Amends the Federal criminal code to prohibit the transport, shipment, or receipt of explosive materials in interstate or foreign commerce without a permit or the distribution of explosive materials in interstate or foreign commerce to anyone other than a licensee or permittee.
Directs the Secretary of the Treasury to notify the States of the regulations so that they may consider revising their explosives laws.
(Sec. 4) Requires applicants for licenses and user permits to import, manufacture, or deal in explosive materials to provide fingerprints and a photograph. Sets fees of up to $300 for an applicant for a license and up to $100 for an applicant for a permit. (Currently, the fee is up to $200 for each license or permit.)
(Sec. 5) Authorizes the Secretary to use the national instant criminal background check system established under the Brady Handgun Violence Prevention Act to investigate applicants for licenses or permits.
(Sec. 6) Repeals exceptions from specified explosive materials requirements with respect to components of small arms ammunition and small quantities of black powder or smokeless powder.
(Sec. 7) Directs the United States Sentencing Commission to promulgate amendments to the sentencing guidelines to appropriately enhance the penalties for violations of Federal explosive materials provisions so that such penalties are the same as those for comparable violations of Federal firearms laws.
(Sec. 8) Subjects to civil forfeiture (with exceptions) any property involved in a violation of explosive materials provisions, or in a conspiracy to commit such a violation, and any other property traceable to such property.
Directs the court to order a person convicted of a violation of Federal explosive materials provisions or of conspiring to commit such a violation to forfeit any property involved and any traceable property. | Bombing Prevention Act |
SECTION 1. EXPENSES FOR HOUSEHOLD AND ELDER CARE SERVICES NECESSARY FOR
GAINFUL EMPLOYMENT.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 25E. EXPENSES FOR HOUSEHOLD AND ELDER CARE SERVICES NECESSARY
FOR GAINFUL EMPLOYMENT.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an individual for which
there are 1 or more qualifying individuals (as defined in
subsection (b)(1)) with respect to such individual, there shall
be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the applicable
percentage of the employment-related expenses (as defined in
subsection (b)(2)) paid by such individual during the taxable
year.
``(2) Applicable percentage defined.--For purposes of
paragraph (1), the term `applicable percentage' means 35
percent reduced (but not below 20 percent) by 1 percentage
point for each $2,000 (or fraction thereof) by which the
taxpayer's adjusted gross income for the taxable year exceeds
$15,000.
``(b) Definitions of Qualifying Individual and Employment-Related
Expenses.--For purposes of this section--
``(1) Qualifying individual.--The term `qualifying
individual' means an individual who--
``(A) has attained age 50, and
``(B) is one of the following:
``(i) An individual who bears a
relationship to the taxpayer described in
subparagraph (C) or (D) of section 152(d)(2)
(relating to fathers, mothers, and ancestors).
``(ii) An individual would be a dependent
of the taxpayer (as defined in section 152,
determined without regard to subsections (b)(1)
and (b)(2)) as a qualifying relative described
in section 152(d)(1) if--
``(I) in lieu of subparagraphs (B)
and (C) thereof the following applied
with respect to the individual:
``(aa) the taxpayer has
provided over one-half of the
individual's support for the
calendar year in which such
taxable year begins and each of
the preceding 4 taxable years,
and
``(bb) the individual's
modified adjusted gross income
for the calendar year in which
such taxable year begins is
less than the exemption amount
(as defined in section 151(d)),
``(II) the individual is physically
or mentally incapable of caring for
himself or herself, and
``(III) who has the same principal
place of abode as the taxpayer for more
than one-half of such taxable year.
``(iii) The spouse of the taxpayer who is
physically or mentally incapable of caring for
himself or herself.
``(2) Modified adjusted gross income.--The term `modified
adjusted gross income' means adjusted gross income determined
without regard to section 86.
``(3) Employment-related expenses.--
``(A) In general.--The term `employment-related
expenses' means amounts paid for the following
expenses, but only if such expenses are incurred to
enable the taxpayer to be gainfully employed for any
period for which there are 1 or more qualifying
individuals with respect to the taxpayer:
``(i) expenses for household services, and
``(ii) expenses for the care of a
qualifying individual, including expenses for
respite care and hospice care.
``(B) Exception.--Employment-related expenses
described in subparagraph (A) which are incurred for
services outside the taxpayer's household shall be
taken into account only if incurred for the care of--
``(i) a qualifying individual described in
paragraph (1)(A), or
``(ii) a qualifying individual (not
described in paragraph (1)(A)) who regularly
spends at least 8 hours each day in the
taxpayer's household.
``(C) Dependent care centers.--Employment-related
expenses described in subparagraph (A) which are
incurred for services provided outside the taxpayer's
household by a dependent care center (as defined in
subparagraph (D)) shall be taken into account only if--
``(i) such center complies with all
applicable laws and regulations of a State or
unit of local government, and
``(ii) the requirements of subparagraph (B)
are met.
``(D) Dependent care center defined.--For purposes
of this paragraph, the term `dependent care center'
means any facility which--
``(i) provides care for more than six
individuals (other than individuals who reside
at the facility), and
``(ii) receives a fee, payment, or grant
for providing services for any of the
individuals (regardless of whether such
facility is operated for profit).
``(c) Dollar Limit on Amount Creditable.--The amount of the
employment-related expenses incurred during any taxable year which may
be taken into account under subsection (a) shall not exceed--
``(1) $3,000 if there is 1 qualifying individual with
respect to the taxpayer for such taxable year, or
``(2) $6,000 if there are 2 or more qualifying individuals
with respect to the taxpayer for such taxable year.
The amount determined under paragraph (1) or (2) (whichever is
applicable) shall be reduced by the aggregate amount excludable from
gross income under section 129 for the taxable year.
``(d) Earned Income Limitation.--Except as otherwise provided in
this subsection, the amount of the employment-related expenses incurred
during any taxable year which may be taken into account under
subsection (a) shall not exceed--
``(1) in the case of an individual who is not married at
the close of such year, such individual's earned income for
such year, or
``(2) in the case of an individual who is married at the
close of such year, the lesser of such individual's earned
income or the earned income of his spouse for such year.
``(e) Special Rules.--For purposes of this section--
``(1) Place of abode.--An individual shall not be treated
as having the same principal place of abode of the taxpayer if
at any time during the taxable year of the taxpayer the
relationship between the individual and the taxpayer is in
violation of local law.
``(2) Married couples must file joint return.--If the
taxpayer is married at the close of the taxable year, the
credit shall be allowed under subsection (a) only if the
taxpayer and his spouse file a joint return for the taxable
year.
``(3) Marital status.--An individual legally separated from
his spouse under a decree of divorce or of separate maintenance
shall not be considered as married.
``(4) Certain married individuals living apart.--If--
``(A) an individual who is married and who files a
separate return--
``(i) maintains as his home a household
which constitutes for more than one-half of the
taxable year the principal place of abode of a
qualifying individual, and
``(ii) furnishes over half of the cost of
maintaining such household during the taxable
year, and
``(B) during the last 6 months of such taxable year
such individual's spouse is not a member of such
household, such individual shall not be considered as
married.
``(5) Payments to related individuals.--No credit shall be
allowed under subsection (a) for any amount paid by the
taxpayer to an individual--
``(A) with respect to whom, for the taxable year, a
deduction under section 151(c) (relating to deduction
for personal exemptions for dependents) is allowable
either to the taxpayer or his spouse, or
``(B) who is a child of the taxpayer (within the
meaning of section 152(f)(1)) who has not attained the
age of 19 at the close of the taxable year. For
purposes of this paragraph, the term `taxable year'
means the taxable year of the taxpayer in which the
service is performed.
``(6) Identifying information required with respect to
service provider.--No credit shall be allowed under subsection
(a) for any amount paid to any person unless--
``(A) the name, address, and taxpayer
identification number of such person are included on
the return claiming the credit, or
``(B) if such person is an organization described
in section 501(c)(3) and exempt from tax under section
501(a), the name and address of such person are
included on the return claiming the credit.
In the case of a failure to provide the information required
under the preceding sentence, the preceding sentence shall not
apply if it is shown that the taxpayer exercised due diligence
in attempting to provide the information so required.
``(7) Identifying information required with respect to
qualifying individuals.--No credit shall be allowed under this
section with respect to any qualifying individual unless the
TIN of such individual is included on the return claiming the
credit.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the purposes of this section.''.
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 25E. Expenses for household and elder care services necessary
for gainful employment.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Amends the Internal Revenue Code to allow a new tax credit for employment-related expenses necessary to care for a dependent of a taxpayer who has attained age 50, including expenses for household services and for the care of the dependent, including respite care and hospice care. Limits the amount of such credit to $3,000 for the care of one dependent and $6,000 for the care of two or more dependents of the taxpayer in a taxable year. | To amend the Internal Revenue Code of 1986 to provide a tax credit for expenses for household and elder care services necessary for gainful employment. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Tax Competitiveness
Act of 2011''.
SEC. 2. TREATMENT OF FOREIGN CORPORATIONS MANAGED AND CONTROLLED IN THE
UNITED STATES AS DOMESTIC CORPORATIONS.
(a) In General.--Section 7701 of the Internal Revenue Code of 1986
(relating to definitions) is amended by redesignating subsection (p) as
subsection (q) and by inserting after subsection (o) the following new
subsection:
``(p) Certain Corporations Managed and Controlled in the United
States Treated as Domestic for Income Tax.--
``(1) In general.--Notwithstanding subsection (a)(4), in
the case of a corporation described in paragraph (2) if--
``(A) the corporation would not otherwise be
treated as a domestic corporation for purposes of this
title, but
``(B) the management and control of the corporation
occurs, directly or indirectly, primarily within the
United States,
then, solely for purposes of chapter 1 (and any other provision
of this title relating to chapter 1), the corporation shall be
treated as a domestic corporation.
``(2) Corporation described.--
``(A) In general.--A corporation is described in
this paragraph if--
``(i) the stock of such corporation is
regularly traded on an established securities
market, or
``(ii) the aggregate gross assets of such
corporation (or any predecessor thereof),
including assets under management for
investors, whether held directly or indirectly,
at any time during the taxable year or any
preceding taxable year is $50,000,000 or more.
``(B) General exception.--A corporation shall not
be treated as described in this paragraph if--
``(i) such corporation was treated as a
corporation described in this paragraph in a
preceding taxable year,
``(ii) such corporation--
``(I) is not regularly traded on an
established securities market, and
``(II) has, and is reasonably
expected to continue to have, aggregate
gross assets (including assets under
management for investors, whether held
directly or indirectly) of less than
$50,000,000, and
``(iii) the Secretary grants a waiver to
such corporation under this subparagraph.
``(C) Exception from gross assets test.--
Subparagraph (A)(ii) shall not apply to a corporation
which is a controlled foreign corporation (as defined
in section 957) and which is a member of an affiliated
group (as defined section 1504, but determined without
regard to section 1504(b)(3)) the common parent of
which--
``(i) is a domestic corporation (determined
without regard to this subsection), and
``(ii) has substantial assets (other than
cash and cash equivalents and other than stock
of foreign subsidiaries) held for use in the
active conduct of a trade or business in the
United States.
``(3) Management and control.--
``(A) In general.--The Secretary shall prescribe
regulations for purposes of determining cases in which
the management and control of a corporation is to be
treated as occurring primarily within the United
States.
``(B) Executive officers and senior management.--
Such regulations shall provide that--
``(i) the management and control of a
corporation shall be treated as occurring
primarily within the United States if
substantially all of the executive officers and
senior management of the corporation who
exercise day-to-day responsibility for making
decisions involving strategic, financial, and
operational policies of the corporation are
located primarily within the United States, and
``(ii) individuals who are not executive
officers and senior management of the
corporation (including individuals who are
officers or employees of other corporations in
the same chain of corporations as the
corporation) shall be treated as executive
officers and senior management if such
individuals exercise the day-to-day
responsibilities of the corporation described
in clause (i).
``(C) Corporations primarily holding investment
assets.--Such regulations shall also provide that the
management and control of a corporation shall be
treated as occurring primarily within the United States
if--
``(i) the assets of such corporation
(directly or indirectly) consist primarily of
as sets being managed on behalf of investors,
and
``(ii) decisions about how to invest the
assets are made in the United States.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning on or after the date which is 2 years
after the date of the enactment of this Act.
SEC. 3. CURRENT TAXATION OF ROYALTIES AND OTHER INCOME FROM INTANGIBLES
RECEIVED FROM A CONTROLLED FOREIGN CORPORATION.
(a) Repeal of Look-Thru Rule for Royalties Received From Controlled
Foreign Corporations.--Paragraph (6) of section 954(c) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``rents, and royalties'' in subparagraph
(A) and inserting ``and rents'', and
(2) by striking ``, rent, or royalty'' both places it
appears in subparagraph (B) and inserting ``or rent''.
(b) Entities Not Permitted To Be Disregarded in Determining
Royalties.--Subsection (c) of section 954 of such Code is amended by
adding at the end the following new paragraph:
``(7) All royalties taken into account.--For purposes of
determining the foreign personal holding company income which
consists of royalties, this subsection shall be applied without
regard to any election to disregard any entity which would be
taken into account for Federal income tax purposes but for such
election.''.
(c) Certain Other Income Derived From United States Intangibles
Taken Into Account as Subpart F Income.--Subsection (d) of section 954
of such Code is amended by adding at the end the following new
paragraph:
``(5) Special rule for certain products produced pursuant
to intangibles made available by united states persons.--For
purposes of this subsection, personal property shall be treated
as having been purchased from a related person if any
intangible property (within the meaning of section
936(h)(3)(B)) made available to a controlled foreign
corporation, directly or indirectly, by a related person which
is a United States person contributes, directly or indirectly,
to the production of such personal property by the controlled
foreign corporation. The preceding sentence shall not apply to
any personal property produced directly by the controlled
foreign corporation, without regard to any election to
disregard any entity which would be taken into account for
Federal income tax purposes but for such election.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years of foreign corporations beginning after December
31, 2011, and to taxable years of United States shareholders within
which or with which such tax years of such foreign corporations end.
SEC. 4. TAXATION OF BOOT RECEIVED IN REORGANIZATIONS.
(a) In General.--Paragraph (2) of section 356(a) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``If an exchange'' and inserting ``Except
as otherwise provided by the Secretary--
``(A) In general.--If an exchange'';
(2) by striking ``then there shall be'' and all that
follows through ``February 28, 1913'' and inserting ``then the
amount of other property or money shall be treated as a
dividend to the extent of the earnings and profits of the
corporation''; and
(3) by adding at the end the following new subparagraph:
``(B) Certain reorganizations.--In the case of a
reorganization described in section 368(a)(1)(D) with
respect to which the requirements of subparagraphs (A)
and (B) of section 354(b)(1) are met (or any other
reorganization specified by the Secretary), in applying
subparagraph (A)--
``(i) the earnings and profits of each
corporation which is a party to the
reorganization shall be taken into account, and
``(ii) the amount which is a dividend (and
source thereof) shall be determined under rules
similar to the rules of paragraphs (2) and (5)
of section 304(b).''.
(b) Earnings and Profits.--Paragraph (7) of section 312(n) of such
Code is amended by adding at the end the following: ``A similar rule
shall apply to an exchange to which section 356(a)(1) applies.''.
(c) Conforming Amendment.--Paragraph (1) of section 356(a) of such
Code is amended by striking ``then the gain'' and inserting ``then
(except as provided in paragraph (2)) the gain''.
(d) Effective Date.--The amendments made by this section shall
apply to exchanges after the date of the enactment of this Act. | International Tax Competitiveness Act of 2011 - Amends the Internal Revenue Code to: (1) treat foreign corporations that are managed, directly or indirectly, within the United States as domestic corporations for U.S. tax purposes; (2) make certain royalty income and income from intangibles received from a controlled foreign corporation subject to U.S. taxation; and (3) revise the tax treatment of property other than stock (i.e., boot) received in connection with a corporate reorganization to provide that such property shall be treated as a taxable dividend. | To amend the Internal Revenue Code of 1986 to reduce international tax avoidance and restore a level playing field for American businesses. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer Oversight of Surplus
Property Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) section 203(j) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 484(j))
established a system to ensure the fair and equitable
allocation of Federal surplus personal property to eligible
recipients including law enforcement agencies, school systems,
medical institutions, libraries, homeless assistance providers,
and units of local government;
(2) the benefits of the Federal Personal Property
Utilization and Donation Program is measured in terms of
American taxpayer dollars not spent from budgets on new and
expensive property;
(3) Members of Congress and State and local officials all
have an obligation to oversee the fair and equitable
distribution of Government property, thereby ensuring
accountability to the American taxpayers;
(4) the owners of surplus Federal property are the American
people and the Federal Government is merely its public
custodian;
(5) the efforts of the State agencies in distributing
surplus property have enabled thousands of American taxpayers
to acquire items such as office equipment, clothing, furniture,
motor vehicles, forklifts, aircraft, boats and generators which
have been declared surplus to the needs of the Federal
Government;
(6) the effectiveness of the current system for donation of
surplus Federal personal property has been undermined by
programs which mandate that property is made available on a
priority basis to foreign entities before the safety, health,
education, and training needs of American taxpayers are met;
and
(7) new legislation is needed to move the priority for
property transfers through foreign assistance programs to a
level below that for domestic use transfers of excess personal
property to Federal agencies.
SEC. 3. PRIORITY TO STATES AND LOCAL ORGANIZATIONS FOR THE TRANSFER OF
NONLETHAL EXCESS SUPPLIES OF THE DEPARTMENT OF DEFENSE.
Section 2547 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``The Secretary of
Defense'' and inserting ``Subject to subsection (d), the
Secretary of Defense'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c), the following:
``(d)(1) Nonlethal excess supplies of the Department of Defense
shall be made available to a State or a local government of a State
upon the request of the State or local government pursuant to authority
provided in another provision of law, before such supplies are made
available for humanitarian relief purposes under this section. The
President may make such supplies available for humanitarian purposes
before such supplies are made available to a State or local government
under this subsection in order to respond to an emergency precipitated
by a natural disaster.''.
``(2) In this subsection, the term `State' means a State of the
United States, the District of Columbia, the Commonwealth of Puerto
Rico, and any possession of the United States.''.
SEC. 4. TRANSFERS OF PROPERTY FOR ENVIRONMENTAL PROTECTION IN FOREIGN
COUNTRIES.
Section 607 of the Foreign Assistance Act of 1961 (22 U.S.C.
2357(d)) is amended--
(1) in subsection (d)--
(A) by redesignating paragraphs (1), (2), and (3)
as subparagraphs (A), (B), (C), respectively;
(B) by striking ``(d) The'' and inserting ``(d)(1)
Except as provided in paragraph (3), the''; and
(C) by adding at the end of the following:
``(2) No property may be transferred under paragraph (1) unless the
Administrator of General Services determines that there is no Federal
or State use requirements for the property under any other provision of
law.'';
and
(2) by adding at the end the following:
``(e) Nothing in this section shall prohibit the transfer of
confiscated property to foreign countries.''.
SEC. 5. REPORT ON DISPOSAL AND DONATION SURPLUS PERSONAL PROPERTY.
Not later than 180 days after the date of enactment of this Act,
the Administrator of General Services shall review all statutes
relating to the disposal and donation of surplus personal property and
submit to Congress a report on such statutes including--
(1) the effectiveness of programs administered under such
statutes (except for any program that grants access to personal
property by local communities impacted by the closure of a
military base), and the amount and type of property
administered under each such program during fiscal years 1997
and 1998; and
(2) legislative recommendations to integrate and
consolidate all such programs to be administered by a single
Federal authority working with State agencies while
accomplishing the purposes of such programs. | Taxpayer Oversight of Surplus Property Act - Requires that nonlethal excess supplies of the Department of Defense be made available to a State or a local government upon request before such supplies are made available for humanitarian relief purposes. Permits the President to make such supplies available for humanitarian purposes before they are made available to a State or local government in response to a natural disaster emergency.
Amends the Foreign Assistance Act of 1961, with respect to the transfer of property for environmental protection in foreign countries, to prohibit such transfers unless the Administrator of General Services (GSA Administrator) determines that there are no Federal or State use requirements for the property under any other provision of law.
Requires the GSA Administrator to report to the Congress on the effectiveness of surplus personal property donation and disposal programs (except for any program that grants access to personal property by local communities affected by the closure of a military base), along with recommendations for consolidating such programs under a single Federal authority. | Taxpayer Oversight of Surplus Property Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Veterans Disabled for Life
Commemorative Coin Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Armed Forces of the United States have answered the
call and served with distinction around the world--from hitting
the beaches in World War II in the Pacific and Europe, to the
cold and difficult terrain in Korea, the steamy jungles of
Vietnam, and the desert sands of the Middle East;
(2) all Americans should commemorate those who come home
having survived the ordeal of war, and solemnly honor those who
made the ultimate sacrifice in giving their lives for their
country;
(3) all Americans should honor the millions of living
disabled veterans who carry the scars of war every day, and who
have made enormous personal sacrifices defending the principles
of our democracy;
(4) in 2000, Congress authorized the construction of the
American Veterans Disabled for Life Memorial;
(5) the United States should pay tribute to the Nation's
living disabled veterans by minting and issuing a commemorative
silver dollar coin; and
(6) the surcharge proceeds from the sale of a commemorative
coin would raise valuable funding for the construction of the
American Veterans Disabled for Life Memorial.
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 500,000 $1 coins in commemoration of disabled American
veterans, 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 design selected by the Disabled
Veterans' LIFE Memorial Foundation for the American Veterans
Disabled for Life Memorial.
(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 ``2010''; 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
Disabled Veterans' LIFE Memorial Foundation 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.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the calendar year beginning on January 1, 2010.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (b) 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) Surcharges.--All sales of coins issued under this Act shall
include a surcharge of $10 per coin.
(c) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(d) 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. DISTRIBUTION OF SURCHARGES.
(a) In General.--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 Disabled Veterans'
LIFE Memorial Foundation for the purpose of establishing an endowment
to support the construction of the American Veterans' Disabled for Life
Memorial in Washington, D.C.
(b) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Disabled Veterans' LIFE Memorial Foundation as may be
related to the expenditures of amounts paid under subsection (a).
SEC. 8. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
Passed the Senate May 25, 2006.
Attest:
Secretary.
109th CONGRESS
2d Session
S. 633
_______________________________________________________________________
AN ACT
To require the Secretary of the Treasury to mint coins in commemoration
of veterans who became disabled for life while serving in the Armed
Forces of the United States. | American Veterans Disabled for Life Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 500,000 $1 coins emblematic of the design selected by the Disabled Veterans' LIFE Memorial Foundation for the American Veterans Disabled for Life Memorial, in commemoration of disabled American veterans.
Restricts such coin issuance period to the calendar year beginning on January 1, 2010.
Requires a $10 dollar surcharge from such coin sales to be paid to the Disabled Veterans' LIFE Memorial Foundation in order to establish an endowment to support the construction of the American Veterans' Disabled for Life Memorial in Washington, D.C.
Prescribes financial assurances that require: (1) the Secretary to take such actions as may be necessary to ensure that minting and issuing the coins will not result in any net cost to the United States Government; and (2) full payment for issuance of the coins. | A bill to require the Secretary of the Treasury to mint coins in commemoration of veterans who became disabled for life while serving in the Armed Forces of the United States. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dietary Supplement Regulatory
Implementation Act of 2005''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Over 158,000,000 Americans regularly consume dietary
supplements to maintain and improve their health.
(2) Consumer expenditures on dietary supplements reached a
reported $20,500,000,000 in 2004, more than double the amount
spent in 1994.
(3) According to a recent report issued by the Food and
Drug Administration (``FDA'') the use of dietary supplements is
likely to grow due to factors such as the aging of the baby
boom generation, increased interest in self-sufficiency, and
advances in science that are uncovering new relationships
between diet and disease.
(4) In 1994, the Dietary Supplement Health and Education
Act of 1994 (Public Law 103-417) (``DSHEA'') was enacted. That
Act balanced continued consumer access to vitamins, minerals,
and other dietary supplements, increased scientific research on
the benefits and risks of dietary supplements, public education
on dietary supplements, and needed consumer protections.
(5) DSHEA requires that claims made on dietary supplement
labels, packaging, and accompanying material be truthful, non-
misleading, and substantiated. Manufacturers are prohibited
from making claims that products are intended to diagnose,
treat, mitigate, cure, or prevent a disease.
(6) DSHEA provides for good manufacturing practice
standards setting requirements for potency, purity, sanitary
conditions, and recordkeeping for dietary supplements.
(7) DSHEA provides that dietary supplements are to be
regulated like foods and not drugs or food additives.
(8) DSHEA requires that manufacturers submit adequate
information as to the safety of any new ingredients contained
in dietary supplements before those products can be sold.
(9) DSHEA provides the FDA with a number of powers to
remove unsafe dietary supplements from the marketplace.
(10) DSHEA created the Office of Dietary Supplements within
the National Institutes of Health to expand research and
consumer information about the health effects of dietary
supplements.
(11) The FDA has not adequately used its authority to
enforce DSHEA.
(12) The FDA needs adequate resources to appropriately
implement and enforce DSHEA. Congress has appropriated
additional funds over the last several years beyond those
requested in the President's budget to implement and enforce
DSHEA, reaching $10,800,000 in fiscal year 2005.
(13) However, according to the FDA, full implementation of
DSHEA would require substantial additional resources. The FDA
asserts that between $24,000,000 and $65,000,000 per year will
be needed to fully implement DSHEA.
SEC. 3. AUTHORIZATION AND APPROPRIATION OF RESOURCES.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the Dietary Supplement Health and Education
Act of 1994 (Public Law 103-417), the amendments made by such Act, and
all applicable regulatory requirements for dietary supplements under
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)--
(1) $30,000,000 for fiscal year 2007;
(2) $40,000,000 for fiscal year 2008;
(3) $50,000,000 for fiscal year 2009; and
(4) $65,000,000 for fiscal year 2010.
(b) Appropriation of Funds for Fiscal Year 2006.--There is
appropriated, out of any money in the Treasury not otherwise
appropriated, to carry out the Dietary Supplement Health and Education
Act of 1994 (Public Law 103-417), the amendments made by such Act, and
all applicable regulatory requirements for dietary supplements under
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.),
$20,000,000 for fiscal year 2006.
(c) Office of Dietary Supplements.--
(1) Authorization of appropriations.--There are authorized
to be appropriated for expanded research and development of
consumer information, including information on safety and
beneficial effects, of dietary supplements by the Office of
Dietary Supplements at the National Institutes of Health such
sums as may be necessary for each of the fiscal years 2007
through 2010.
(2) Appropriation of funds for fiscal year 2006.--There is
appropriated, out of any money in the Treasury not otherwise
appropriated, for expanded research and development of consumer
information, including information on safety and beneficial
effects, of dietary supplements by the Office of Dietary
Supplements at the National Institutes of Health $30,000,000
for fiscal year 2006.
(d) Use of Funds.--The Secretary of Health and Human Services shall
fully and appropriately use the funds appropriated in subsections (b)
and (c) and pursuant to subsection (a) to regulate dietary supplements.
SEC. 4. ANNUAL ACCOUNTABILITY REPORT ON THE REGULATION OF DIETARY
SUPPLEMENTS.
(a) In General.--Not later than January 31, 2007, and annually
thereafter, the Secretary shall submit a report to Congress on the
implementation and enforcement of the Dietary Supplement Health and
Education Act of 1994 (Public Law 103-417).
(b) Contents.--The report under subsection (a) shall include the
following:
(1) The total funding and number of full-time equivalent
personnel in the Food and Drug Administration dedicated to
dietary supplement regulation over the prior fiscal year.
(2) The total funding and number of full-time equivalent
personnel in the Food and Drug Administration dedicated to
administering adverse event reporting systems as they relate to
dietary supplement regulation over the prior fiscal year.
(3) The total funding and number of full-time equivalent
personnel in the Food and Drug Administration dedicated to
enforcement of dietary supplement labeling and claims
requirements over the prior fiscal year and an explanation of
their activities.
(4) The total funding and number of full-time equivalent
personnel in the Food and Drug Administration dedicated to good
manufacturing practices inspections of dietary supplement
manufacturers over the prior fiscal year and an explanation of
their activities.
(5) The number of good manufacturing practices inspections
of dietary supplement manufacturers by the Food and Drug
Administration over the prior fiscal year and a summary of the
results.
(6) The number of new ingredient reviews and safety reviews
related to dietary supplements and the results of those
reviews.
(7) An explanation of all enforcement actions taken by the
Food and Drug Administration and the Department of Health and
Human Services related to dietary supplements over the prior
fiscal year, including the number and type of actions.
(8) The number of dietary supplement claims for which the
Food and Drug Administration requested substantiation from the
manufacturer over the prior fiscal year, and the agency's
response.
(9) The number of dietary supplement claims determined to
be false, misleading, or unsubstantiated by the Food and Drug
Administration over the prior fiscal year.
(10) The research and consumer education activities
supported by the Office of Dietary Supplements of the National
Institutes of Health.
(11) Any recommendations for administrative or legislative
actions regarding the regulation of dietary supplements.
(12) Any other information regarding the regulation of
dietary supplements determined appropriate by the Secretary.
SEC. 5. DIETARY SUPPLEMENTS CONTAINING EPHEDRINE ALKALOIDS.
(a) Findings.--The Congress finds that--
(1) dietary supplements containing ephedrine alkaloids may
present a significant or unreasonable risk of illness or
injury; and
(2) through section 402(f) of the Federal Food, Drug, and
Cosmetic Act (established by the Dietary Supplement Health and
Education Act of 1994), the Congress has granted the Secretary
the authority to remove from the market dietary supplements
that present such a risk.
(b) Sense of Congress Regarding Risk of Illness or Injury.--It is
the sense of the Congress that, in the event the Secretary determines
under section 402(f) of the Federal Food, Drug, and Cosmetic Act that a
dietary supplement containing ephedrine alkaloids presents a
significant or unreasonable risk of illness or injury--
(1) all dietary supplements containing such alkaloids
should be declared to be adulterated in accordance with such
section; and
(2) the Secretary should take all necessary actions to
remove all such supplements from the market.
(c) Sense of Congress Regarding Botanical Sources.--It is the sense
of the Congress that the Secretary should take steps to assure the
continued availability of botanical sources of ephedrine alkaloids
that--
(1) are in forms that have not been manipulated or
chemically altered to increase their ephedrine alkaloid
concentration or content;
(2) are marketed at dosages that are substantiated to be at
levels used in traditional herbal formulas; and
(3) are labeled only for traditional uses and not for
weight loss or energy.
SEC. 6. EDUCATION PROGRAMS REGARDING DIETARY SUPPLEMENTS.
(a) Health Care Professionals.--
(1) In general.--The Secretary shall carry out a program to
educate health professionals on the safety and health benefits
of dietary supplements, including the potential for dietary
supplement/drug interactions.
(2) Authorization of appropriations.--For the purpose of
carrying out paragraph (1), there is authorized to be
appropriated $5,000,000 for fiscal year 2006, in addition to
any other authorization of appropriations that is available
with respect to such purpose.
(b) Consumers.--
(1) In general.--The Secretary shall carry out a program to
educate consumers of dietary supplements on the safety and
health benefits of dietary supplements, including the potential
for dietary supplement/drug interactions through public
education forums, advertisements, and the Internet.
(2) Authorization of appropriations.--For the purpose of
carrying out paragraph (1), there is authorized to be
appropriated $5,000,000 for fiscal year 2006, in addition to
any other authorization of appropriations that is available
with respect to such purpose.
SEC. 7. ADVERSE EVENT REPORTING SYSTEM.
The Secretary shall establish a system for the requirements for the
reporting of serious adverse experiences associated with the use of a
dietary supplement received by the manufacturer, packer, or distributor
whose name appears on the label of the product.
SEC. 8. DEFINITION.
For purposes of this Act, the term ``Secretary'' means the
Secretary of Health and Human Services, acting through the Commissioner
of Food and Drugs. | Dietary Supplement Regulatory Implementation Act of 2005 - Authorizes and makes appropriations to: (1) carry out the Dietary Supplement Health and Education Act of 1994 (DSHEA) and all applicable regulatory requirements for dietary supplements under the Federal Food, Drug, and Cosmetic Act; and (2) expand research and development of consumer information on dietary supplements by the Office of Dietary Supplements at the National Institutes of Health (NIH).
Requires the Secretary of Health and Human Services to: (1) use such funds to regulate dietary supplements; and (2) report to Congress on the implementation and enforcement of DSHEA.
Expresses the sense of Congress regarding the availability of certain botanical sources of ephedrine alkaloids.
Requires the Secretary to: (1) carry out programs to educate health professionals and consumers on the safety and health benefits of dietary supplements; and (2) establish a system for the reporting of serious adverse experiences associated with the use of a dietary supplement received by the manufacturer, packer, or distributor whose name appears on the label of the product. | To ensure that the goals of the Dietary Supplement Health and Education Act of 1994 are met by authorizing appropriations to fully enforce and implement such Act and the amendments made by such Act, and for other purposes. |
<greek-th> x
SECTION 1. EXTENDING AVAILABILITY OF SCHIP ALLOTMENTS FOR FISCAL YEARS
1998 THROUGH 2001.<greek-th> x
(a) Retained and Redistributed Allotments for Fiscal Years 1998 and
1999.--Paragraphs (1)(B)(ii), (2)(A)(i), and (2)(A)(ii) of section
2104(g) of the Social Security Act (42 U.S.C. 1397dd(g)) are each
amended by striking ``fiscal year 2002'' and inserting ``fiscal year
2004''.<greek-th> x
(b) Extension and Revision of Retained and Redistributed Allotments
for Fiscal Year 2000.--<greek-th> x
(1) Permitting and extending retention of portion of fiscal
year 2000 allotment.--Paragraph (2) of such section 2104(g) is
amended--<greek-th> x <greek-th> x
(A) in the heading, by striking ``and 1999'' and
inserting ``through 2000''; and<greek-th> x
(B) by adding at the end of subparagraph (A) the
following:<greek-th> x
``(iii) Fiscal year 2000 allotment.--Of the
amounts allotted to a State pursuant to this
section for fiscal year 2000 that were not
expended by the State by the end of fiscal year
2002, 50 percent of that amount shall remain
available for expenditure by the State through
the end of fiscal year 2004.''.<greek-th> x
(2) Redistributed allotments.--Paragraph (1) of such
section 2104(g) is amended--<greek-th> x
(A) in subparagraph (A), by inserting ``or for
fiscal year 2000 by the end of fiscal year 2002,''
after ``fiscal year 2001,'';<greek-th> x
(B) in subparagraph (A), by striking ``1998 or
1999'' and inserting ``1998, 1999, or
2000'';<greek-th> x
(C) in subparagraph (A)(i)--<greek-th> x
(i) by striking ``or'' at the end of
subclause (I), <greek-th> x
(ii) by striking the period at the end of
subclause (II) and inserting ``; or''; and
<greek-th> x
(iii) by adding at the end the following
new subclause:<greek-th> x
``(III) the fiscal year 2000
allotment, the amount specified in
subparagraph (C)(i) (less the total of
the amounts under clause (ii) for such
fiscal year), multiplied by the ratio
of the amount specified in subparagraph
(C)(ii) for the State to the amount
specified in subparagraph
(C)(iii).'';<greek-th> x
(D) in subparagraph (A)(ii), by striking ``or
1999'' and inserting ``, 1999, or 2000'';<greek-th> x
(E) in subparagraph (B), by striking `` or 1999''
and inserting ``, 1999, or 2000''; and<greek-th> x
(F) by adding at the end the following new
subparagraph:<greek-th> x
``(C) Amounts used in computing redistributions for
fiscal year 2000.--For purposes of subparagraph
(A)(i)(III)--<greek-th> x
``(i) the amount specified in this clause
is the amount specified in paragraph
(2)(B)(i)(I) for fiscal year 2000, less the
total amount remaining available pursuant to
paragraph (2)(A)(iii);<greek-th> x
``(ii) the amount specified in this clause
for a State is the amount by which the State's
expenditures under this title in fiscal years
2000, 2001, and 2002 exceed the State's
allotment for fiscal year 2000 under subsection
(b); and<greek-th> x
``(iii) the amount specified in this clause
is the sum, for all States entitled to a
redistribution under subparagraph (A) from the
allotments for fiscal year 2000, of the amounts
specified in clause
(ii).''.<greek-th> x <greek-th> x <greek-th> x <greek-th>
x <greek-th> x <greek-th> x
(3) Conforming amendments.--Such section 2104(g) is further
amended--<greek-th> x <greek-th> x
(A) in its heading, by striking ``and 1999'' and
inserting ``, 1999, and 2000''; and<greek-th> x
(B) in paragraph (3)--<greek-th> x
(i) by striking ``or fiscal year 1999'' and
inserting ``fiscal year 1999, or fiscal year
2000''; and<greek-th> x
(ii) by striking ``or November 30, 2001,''
and inserting ``November 30, 2001, or November
30, 2002'', respectively.<greek-th> x
(c) Extension and Revision of Retained and Redistributed Allotments
for Fiscal Year 2001.--<greek-th> x
(1) Permitting and extending retention of portion of fiscal
year 2001 allotment.--Paragraph (2) of such section 2104(g), as
amended in subsection (b)(1)(B), is further amended--
<greek-th> x
(A) in the heading, by striking ``2000'' and
inserting ``2001''; and<greek-th> x
(B) by adding at the end of subparagraph (A) the
following: <greek-th> x
``(iv) Fiscal year 2001 allotment.--Of the
amounts allotted to a State pursuant to this
section for fiscal year 2001 that were not
expended by the State by the end of fiscal year
2003, 50 percent of that amount shall remain
available for expenditure by the State through
the end of fiscal year 2005.''.<greek-th> x
(2) Redistributed allotments.--Paragraph (1) of such
section 2104(g), as amended in subsection (b)(2), is further
amended--<greek-th> x
(A) in subparagraph (A), by inserting ``or for
fiscal year 2001 by the end of fiscal year 2003,''
after ``fiscal year 2002,'';<greek-th> x
(B) in subparagraph (A), by striking ``1999, or
2000'' and inserting ``1999, 2000, or
2001'';<greek-th> x
(C) in subparagraph (A)(i)--<greek-th> x
(i) by striking ``or'' at the end of
subclause (II), <greek-th> x
(ii) by striking the period at the end of
subclause (III) and inserting ``; or''; and
<greek-th> x
(iii) by adding at the end the following
new subclause:<greek-th> x
``(IV) the fiscal year 2001
allotment, the amount specified in
subparagraph (D)(i) (less the total of
the amounts under clause (ii) for such
fiscal year), multiplied by the ratio
of the amount specified in subparagraph
(D)(ii) for the State to the amount
specified in subparagraph
(D)(iii).'';<greek-th> x
(D) in subparagraph (A)(ii), by striking ``or
2000'' and inserting ``, 2000, or 2001'';<greek-th> x
(E) in subparagraph (B), by striking `` or 2000''
and inserting ``, 2000, or 2001''; and<greek-th> x
(F) by adding at the end the following new
subparagraph:<greek-th> x
``(D) Amounts used in computing redistributions for
fiscal year 2001.--For purposes of subparagraph
(A)(i)(III)--<greek-th> x
``(i) the amount specified in this clause
is the amount specified in paragraph
(2)(B)(i)(I) for fiscal year 2001, less the
total amount remaining available pursuant to
paragraph (2)(A)(iv);<greek-th> x
``(ii) the amount specified in this clause
for a State is the amount by which the State's
expenditures under this title in fiscal years
2001, 2002, and 2003 exceed the State's
allotment for fiscal year 2001 under subsection
(b); and<greek-th> x
``(iii) the amount specified in this clause
is the sum, for all States entitled to a
redistribution under subparagraph (A) from the
allotments for fiscal year 2001, of the amounts
specified in clause (ii).''.<greek-th> x
(3) Conforming amendments.--Such section 2104(g) is further
amended--<greek-th> x
(A) in its heading, by striking ``and 2000'' and
inserting ``, 2000, and 2001''; and<greek-th> x
(B) in paragraph (3)--<greek-th> x
(i) by striking ``or fiscal year 2000'' and
inserting ``fiscal year 2000, or fiscal year
2001''; and<greek-th> x
(ii) by striking ``or November 30, 2002,''
and inserting ``November 30, 2002, or November
30, 2003'', respectively. <greek-th> x
(d) Effective Date.--This section, and the amendments made by this
section, shall be effective as if this section had been enacted on
September 30, 2002, and amounts under title XXI of the Social Security
Act (42 U.S.C. 1397aa et seq.) from allotments for fiscal years 1998
through 2000 are available for expenditure on and after October 1,
2002, under the amendments made by this section as if this section had
been enacted on September 30, 2002.<greek-th> x <greek-th><greek-th> x
08 | Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act to revise the rule for redistribution and extended availability of FY1998 and 1999 allotments to States, permitting and extending retention of half of the FY 2000 allotment, and permitting and extending retention of half of the FY 2001 allotment. | To amend title XXI of the Social Security Act to extend the availability of allotments for fiscal years 1998 through 2001 under the State Children's Health Insurance Program (SCHIP). |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``EPA Science Advisory Board Reform
Act of 2015''.
SEC. 2. SCIENCE ADVISORY BOARD.
(a) Independent Advice.--Section 8(a) of the Environmental
Research, Development, and Demonstration Authorization Act of 1978 (42
U.S.C. 4365(a)) is amended by inserting ``independently'' after
``Advisory Board which shall''.
(b) Membership.--Section 8(b) of the Environmental Research,
Development, and Demonstration Authorization Act of 1978 (42 U.S.C.
4365(b)) is amended to read as follows:
``(b)(1) The Board shall be composed of at least nine members, one
of whom shall be designated Chairman, and shall meet at such times and
places as may be designated by the Chairman.
``(2) Each member of the Board shall be qualified by education,
training, and experience to evaluate scientific and technical
information on matters referred to the Board under this section. The
Administrator shall ensure that--
``(A) the scientific and technical points of view
represented on and the functions to be performed by the Board
are fairly balanced among the members of the Board;
``(B) at least ten percent of the membership of the Board
are from State, local, or tribal governments;
``(C) persons with substantial and relevant expertise are
not excluded from the Board due to affiliation with or
representation of entities that may have a potential interest
in the Board's advisory activities, so long as that interest is
fully disclosed to the Administrator and the public and
appointment to the Board complies with section 208 of title 18,
United States Code;
``(D) in the case of a Board advisory activity on a
particular matter involving, or for which the Board has
evidence that it may involve, a specific party, no Board member
having an interest in the specific party shall participate in
that activity;
``(E) Board members may not participate in advisory
activities that directly or indirectly involve review or
evaluation of their own work, unless fully disclosed to the
public and the work has been externally peer-reviewed;
``(F) Board members shall be designated as special
Government employees;
``(G) no registered lobbyist is appointed to the Board; and
``(H) a Board member shall have no current grants or
contracts from the Environmental Protection Agency and shall
not apply for a grant or contract for 3 years following the end
of that member's service on the Board.
``(3) The Administrator shall--
``(A) solicit public nominations for the Board by
publishing a notification in the Federal Register;
``(B) solicit nominations from relevant Federal agencies,
including the Departments of Agriculture, Defense, Energy, the
Interior, and Health and Human Services;
``(C) solicit nominations from--
``(i) institutions of higher education (as defined
in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a))); and
``(ii) scientific and research institutions based
in work relevant to that of the Board;
``(D) make public the list of nominees, including the
identity of the entities that nominated each, and shall accept
public comment on the nominees;
``(E) require that, upon their provisional nomination,
nominees shall file a written report disclosing financial
relationships and interests, including Environmental Protection
Agency grants, contracts, cooperative agreements, or other
financial assistance, that are relevant to the Board's advisory
activities for the three-year period prior to the date of their
nomination, and relevant professional activities and public
statements for the five-year period prior to the date of their
nomination; and
``(F) make such reports public, with the exception of
specific dollar amounts, for each member of the Board upon such
member's selection.
``(4) Disclosure of relevant professional activities under
paragraph (3)(E) shall include all representational work, expert
testimony, and contract work as well as identifying the party for which
the work was done.
``(5) Except when specifically prohibited by law, the Agency shall
make all conflict of interest waivers granted to members of the Board,
member committees, or investigative panels publicly available.
``(6) Any recusal agreement made by a member of the Board, a member
committee, or an investigative panel, or any recusal known to the
Agency that occurs during the course of a meeting or other work of the
Board, member committee, or investigative panel shall promptly be made
public by the Administrator.
``(7) The terms of the members of the Board shall be three years
and shall be staggered so that the terms of no more than one-third of
the total membership of the Board shall expire within a single fiscal
year. No member shall serve more than two terms over a ten-year
period.''.
(c) Record.--Section 8(c) of such Act (42 U.S.C. 4365(c)) is
amended--
(1) in paragraph (1)--
(A) by inserting ``or draft risk or hazard
assessment,'' after ``at the time any proposed'';
(B) by striking ``formal''; and
(C) by inserting ``or draft risk or hazard
assessment,'' after ``to the Board such proposed''; and
(2) in paragraph (2)--
(A) by inserting ``or draft risk or hazard
assessment,'' after ``the scientific and technical
basis of the proposed''; and
(B) by adding at the end the following: ``The
Board's advice and comments, including dissenting views
of Board members, and the response of the Administrator
shall be included in the record with respect to any
proposed risk or hazard assessment, criteria document,
standard, limitation, or regulation and published in
the Federal Register.''.
(d) Member Committees and Investigative Panels.--Section 8(e)(1)(A)
of such Act (42 U.S.C. 4365(e)(1)(A)) is amended by adding at the end
the following: ``These member committees and investigative panels--
``(i) shall be constituted and operate in
accordance with the provisions set forth in
paragraphs (2) and (3) of subsection (b), in
subsection (h), and in subsection (i);
``(ii) do not have authority to make
decisions on behalf of the Board; and
``(iii) may not report directly to the
Environmental Protection Agency.''.
(e) Public Participation.--Section 8 of such Act (42 U.S.C. 4365)
is amended by amending subsection (h) to read as follows:
``(h)(1) To facilitate public participation in the advisory
activities of the Board, the Administrator and the Board shall make
public all reports and relevant scientific information and shall
provide materials to the public at the same time as received by members
of the Board.
``(2) Prior to conducting major advisory activities, the Board
shall hold a public information-gathering session to discuss the state
of the science related to the advisory activity.
``(3) Prior to convening a member committee or investigative panel
under subsection (e) or requesting scientific advice from the Board,
the Administrator shall accept, consider, and address public comments
on questions to be asked of the Board. The Board, member committees,
and investigative panels shall accept, consider, and address public
comments on such questions and shall not accept a question that unduly
narrows the scope of an advisory activity.
``(4) The Administrator and the Board shall encourage public
comments, including oral comments and discussion during the
proceedings, that shall not be limited by an insufficient or arbitrary
time restriction. Public comments shall be provided to the Board when
received. The Board's reports shall include written responses to
significant comments offered by members of the public to the Board.
``(5) Following Board meetings, the public shall be given 15
calendar days to provide additional comments for consideration by the
Board.''.
(f) Operations.--Section 8 of such Act (42 U.S.C. 4365) is further
amended by amending subsection (i) to read as follows:
``(i)(1) In carrying out its advisory activities, the Board shall
strive to avoid making policy determinations or recommendations, and,
in the event the Board feels compelled to offer policy advice, shall
explicitly distinguish between scientific determinations and policy
advice.
``(2) The Board shall clearly communicate uncertainties associated
with the scientific advice provided to the Administrator or Congress.
``(3) The Board shall ensure that advice and comments reflect the
views of the members and shall encourage dissenting members to make
their views known to the public, the Administrator, and Congress.
``(4) The Board shall conduct periodic reviews to ensure that its
advisory activities are addressing the most important scientific issues
affecting the Environmental Protection Agency.
``(5) The Board shall be fully and timely responsive to
Congress.''.
SEC. 3. RELATION TO THE FEDERAL ADVISORY COMMITTEE ACT.
Nothing in this Act or the amendments made by this Act shall be
construed as supplanting the requirements of the Federal Advisory
Committee Act (5 U.S.C. App.).
SEC. 4. RELATION TO THE ETHICS IN GOVERNMENT ACT OF 1978.
Nothing in this Act or the amendments made by this Act shall be
construed as supplanting the requirements of the Ethics in Government
Act of 1978 (5 U.S.C. App.).
Passed the House of Representatives March 17, 2015.
Attest:
KAREN L. HAAS,
Clerk. | EPA Science Advisory Board Reform Act of 2015 (Sec. 2) This bill amends the Environmental Research, Development, and Demonstration Authorization Act of 1978 to revise the process of selecting members of the Science Advisory Board, guidelines for participation in Board advisory activities, and terms of office. The Board provides scientific advice to the Environmental Protection Agency (EPA). This bill requires the Board to independently provide that advice. Among the revisions to requirements concerning the Board's membership are the following: a requirement to balance scientific and technical points of view; a set minimum level of representation from state, local, or tribal governments; allowance of affiliation with or representation of entities that may have a potential interest in the Board's advisory activities; conflict of interest restrictions; restrictions on participation in advisory activities involving review of a member's work; restrictions on appointment of registered lobbyists; and prohibitions on member receipt of current EPA grants or contracts. The EPA must make public a list of nominees to the Board and accept public comments on the nominees. Reports filed upon the provisional nomination of a member disclosing financial relationships and interests must also be made public. The EPA must provide draft risk or hazard assessments in its regulatory proposals and documents to the Board. The Board's advice and comments must be included in the record regarding any such proposal and published in the Federal Register. The Board's member committees and investigative panels must operate in accordance with the membership, participation, and policy requirements contained in this Act, including new requirements for public participation in advisory activities of the Board. The member committees and investigative panels do not have the authority to make decisions on behalf of the Board and may not report directly to the EPA. The bill imposes additional public participation requirements: The EPA and the Board must make public all reports and relevant scientific information at the same time they are received by the Board. The Board must hold public information-gathering sessions to discuss the state of the science related to a major advisory activity. Prior to convening a member committee or investigative panel, the EPA must accept and address public comments on questions asked of the Board. The Board, member committees, and investigative panels may not accept a question that unduly narrows the scope of an advisory activity. The Board must strive to avoid making policy determinations or recommendations, communicate uncertainties, encourage dissenting members to make their views known, conduct periodic reviews to ensure that its activities address the most important scientific issues affecting the EPA, and respond to Congress fully and in a timely manner. | EPA Science Advisory Board Reform Act of 2015 |
SECTION 1. IMMIGRATION RELIEF FOR INNOCENT VICTIMS OF IMMIGRATION
FRAUD.
(a) In General.--
(1) Relief upon approval of application.--If an alien, upon
application to an appropriate immigration official, establishes
to the satisfaction of such official that such alien is an
eligible alien (as defined in subsection (b)) and is, but for
the specified immigration fraud, admissible to the United
States as an immigrant and is not removable from the United
States, such official shall provide immigration relief for such
alien under subsection (c).
(2) Relief pending approval.--In the case of an eligible
alien, any pending proceedings providing for revocation of
adjustment of status, revocation of naturalization, or removal
with respect to such eligible alien shall be suspended in order
to provide such alien with a reasonable opportunity to apply
for immigration relief under this section and during the
pendency of the application for such relief.
(3) Appropriate immigration official.--For purposes of this
section, the term ``appropriate immigration official'' means,
in the case of an alien in removal proceedings, the immigration
judge who is presiding over such proceedings, or otherwise the
Secretary of Homeland Security.
(b) Eligible Alien, Specified Immigration Fraud Defined.--For
purposes of this section:
(1) Eligible alien.--
(A) In general.--The term ``eligible alien'' means
an alien--
(i) who obtained status as a nonimmigrant
on or after January 1, 1980, and who, at the
time of obtaining such status, was a national
of the Republic of Korea;
(ii) who applied, before January 1, 1999,
through one or more immigration brokers for
adjustment of such status to that of the status
of an alien lawfully admitted to the United
States for permanent residence, and who applied
through the Immigration and Naturalization
office located in San Jose, California;
(iii) whose application for adjustment of
status described in clause (ii) was approved as
a result of bribery by such immigration brokers
of a supervisor of the Immigration and
Naturalization Service for such office; and
(iv) who had no actual knowledge of the
specified immigration fraud at the time of such
adjustment.
(B) Treatment of spouses and children.--Such term
includes an alien who obtained lawful permanent
resident status as the spouse or child of an eligible
alien described in paragraph (1).
(2) Specified immigration fraud.--The term ``specified
immigration fraud'' means the bribery described in paragraph
(1)(A)(iii).
(c) Form of Immigration Relief.--
(1) In general.--If an application of an eligible alien
under subsection (a) is approved, then--
(A) the specified immigration fraud shall not be
considered in determining the admissibility or
removeability of such alien; and
(B) the alien's status shall be restored as if the
original adjustment of status described in subsection
(b)(1)(C) had been lawful, in accordance with the
succeeding provisions of this subsection.
(2) Restoration of status to lawful permanent resident;
cancellation of order of removal.--In the case of an approved
application for an alien whose adjustment of status to lawful
permanent resident status was rescinded or who was ordered
removed solely as a result of the specified immigration fraud,
such rescission shall be vitiated or such order shall be
cancelled and the status of such alien shall be restored to
that of an alien lawfully admitted for permanent residence.
Such restoration or cancellation shall be effective as of the
date of such rescission or order of removal.
(3) Restoration of naturalization.--In the case of an
eligible alien who has been naturalized as a citizen of the
United States and whose naturalization was revoked solely as a
result of the specified immigration fraud, such revocation
shall be vitiated and such alien's citizenship status shall be
restored. Such restoration shall be effective as of the date of
such revocation.
(4) Travel to and parole into the united states for
eligible aliens who have departed.--In the case of an eligible
alien who has been removed, or has voluntarily departed, from
the United States in connection with charges relating to
specified immigration fraud, the Secretary shall parole such
alien into the United States for the purpose of filing an
application for immigration relief under this section. The
Secretary of State shall provide such alien with appropriate
travel documents in order to travel to the United States for
such parole.
(d) Procedures and Definitions.--
(1) Procedures for application.--An alien seeking
immigration relief under this section shall submit an
application at such time (consistent with paragraph (3)), in
such manner, and containing such information as the Secretary
shall require. No fee shall be charged in connection with such
application.
(2) Burden of proof.--For purposes of subsection
(b)(1)(A)(iv), the alien shall be presumed not to have actual
knowledge of the specified immigration fraud and the Secretary
shall have the burden of proving such knowledge.
(3) Deadline for application.--An application under
paragraph (1) shall be submitted not later than the date that
is five years after the date of the enactment of this Act,
except that the Secretary may extend such deadline for an
additional period not to exceed five years.
(4) No reduction in number of immigrant visas available.--
The Secretary of State shall not reduce the number of immigrant
visas authorized to be issued under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) if an application of an
eligible alien for immigration relief under this section is
approved.
(5) Application of other definitions.--For purposes of this
section and except as otherwise specifically provided, the term
``Secretary'' means the Secretary of Homeland Security and the
definitions contained in the Immigration and Nationality Act
shall apply in the administration of this section. Nothing in
this section shall be construed to repeal, amend, alter,
modify, affect, or restrict the powers, duties, functions, or
authority of the Secretary in the administration and
enforcement of such Act or any other law relating to
immigration, nationality, or naturalization. The fact that an
alien may be eligible for immigration relief under this section
shall not preclude such alien from seeking immigration relief
under any other provision of law for which such alien may be
eligible. | Provides immigration relief for aliens who are determined by the Secretary of Homeland Security to have: (1) obtained nonimmigrant status on or after January 1, 1980, and who at that time were nationals of the Republic of Korea; (2) applied before January 1, 1999, through one or more immigration brokers for adjustment to permanent resident status through the Immigration and Naturalization Service (INS) office in San Jose, California; (3) obtained adjustment approval as the result of bribery by such brokers of an INS supervisor; and (4) had no actual knowledge of the fraud at the time of adjustment. Extends relief to the spouse and children of eligible aliens granted permanent resident status.
Prohibits the immigration fraud reflected by such bribery from being considered in determining the admissibility or removability of eligible aliens.
Requires the Secretary to: (1) restore an eligible alien's status as if the original adjustment had been lawful, including where permanent resident status or naturalization was rescinded or where removal was ordered on the basis of the fraud; and (2) parole (and provide necessary travel documents) into the United States eligible aliens who were removed or who voluntarily departed in connection with charges relating to the fraud for purposes of filing an application for relief under this Act. | To provide for immigration relief in the case of certain immigrants who are innocent victims of immigration fraud. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cardiac Arrest Survival Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) A significant increase in the number of individuals
trained in lifesaving first aid would save many lives,
particularly an increase in the number of individuals trained
in responding to cardiac arrest.
(2) Each year approximately 350,000 individuals die from
cardiac arrest resulting from cardiovascular diseases.
(3) Cardiac arrest can arise in other circumstances,
including drownings, cases of drug sensitivity or drug
toxicity, and cases of electrical shock.
(4) More than 65 percent of deaths from cardiac arrest
occur before the victims reach hospitals.
(5) Although cardiopulmonary resuscitation (commonly known
as CPR) is an important technique in responding to cardiac
arrest, the technique alone cannot terminate ventricular
fibrillation in the heart.
(6) Ventricular fibrillation often can be terminated
through use of an electrical device known as a defibrillator,
and one that is automated and is designed for external
application is well-suited to responding to instances of
cardiac arrest in circumstances in which the victim is not at a
hospital.
(7) In the typical nonhospital circumstances, the most
effective response to cardiac arrest is to recognize the
warning signs for an imminent attack and request emergency
medical services through the telephone number 911; to use the
technique of cardiopulmonary resuscitation; and to apply an
automatic external defibrillator.
SEC. 3. ESTABLISHMENT OF PROGRAM REGARDING TRAINING IN LIFESAVING FIRST
AID.
Title XII of the Public Health Service Act (42 U.S.C. 300d et seq.)
is amended by adding at the end the following part:
``Part G--Lifesaving First Aid
``SEC. 1271. PROGRAM REGARDING TRAINING.
``(a) In General.--The Secretary shall carry out a program for the
following purposes:
``(1) To develop and operate demonstration projects to
provide training in the provision of lifesaving first aid.
``(2) To develop and disseminate recommendations regarding
the provision of such training.
``(3) To collect data in accordance with section 1273.
``(4) To conduct evaluations in accordance with such
section.
``(b) Training Criteria.--
``(1) In general.--In carrying out subsection (a), the
Secretary shall develop criteria for training individuals in
the provision of lifesaving first aid, including the following:
``(A) Criteria regarding the use of particular
techniques according to the age of the victim,
including criteria specific to infants and children.
``(B) Criteria designed to train members of the
general public to serve as first responders.
``(C) Criteria designed to train health
professionals to serve as such responders.
``(2) Use of age-related criteria.--The criteria developed
under paragraph (1)(A) shall be utilized by the Secretary in
the operation of demonstration projects under subsection (a),
in making recommendations under such subsection, and in
conducting evaluations in accordance with section 1273.
``(c) Recommendations for State Policies.--
``(1) In general.--In carrying out subsection (a), the
Secretary shall provide to the States the recommendations of
the Secretary for State policies regarding the provision of
lifesaving first aid, including recommendations regarding State
laws.
``(2) Certain considerations.--In providing recommendations
to the States under paragraph (1), the Secretary shall consider
the following:
``(A) With respect to the licensure of health
professionals, whether training in lifesaving first aid
should be a precondition to the receipt of a license in
each of the professions.
``(B) With respect to obtaining access to emergency
medical services through the telephone number 911--
``(i) whether individuals who take the
telephone calls should be required to undergo
training in instructing callers to perform
particular forms of lifesaving first aid,
including cardiopulmonary resuscitation; and
``(ii) whether there are other skills that
should be required for such individuals.
``(C) Whether individuals in any field other than
health care should be required to undergo training in
lifesaving first aid as a condition of employment in
the field; and if so, whether such fields include
employment as any of the following: Law-enforcement
officers; fire fighting personnel; teachers in
preschool programs, elementary or secondary schools, or
institutions of higher education; coaches and other
instructors or supervisors in sports or other
extracurricular activities; providers of day-care
services; school-bus drivers; and lifeguards.
``(D) Whether there should be requirements to
ensure that the general public undergoes training in
lifesaving first aid; and if so, whether effective
requirements toward such goal would include--
``(i) requiring such training as a
condition for granting a license to operate
motor vehicles; and
``(ii) requiring such training as a
condition for graduation from secondary schools
and institutions of higher education.
``(d) Recommendations Regarding Federal Policies.--In carrying out
subsection (a), the Secretary may develop recommendations for Federal
policies regarding the provision of lifesaving first aid, including
recommendations regarding Federal laws.
``(e) Consultations.--In carrying out this part, the Secretary
shall consult with public and private entities with expertise in
providing training in lifesaving first, including training on
particular techniques according to the age of the victim.
``(f) Grants and Contracts.--In carrying out this part, the
Secretary may make grants to and enter into cooperative agreements with
public and nonprofit private entities, and may enter into contracts
with public and private entities.
``SEC. 1272. AUTOMATED EXTERNAL DEFIBRILLATION AS RESPONSE TO CARDIAC
ARREST.
``(a) In General.--In carrying out section 1271, the Secretary
shall comply with the following:
``(1) Demonstration projects and recommendations under
subsection (a) of such section shall include projects and
recommendations regarding the use of automated external
defibrillators.
``(2) Training criteria under subsection (b) of such
subsection shall include criteria regarding such use.
``(3) Recommendations and considerations under subsection
(c) of such section shall include recommendations and
considerations regarding such use.
``(b) Additional Considerations Regarding State Policies.--In
providing recommendations to the States pursuant to subsection (a)(3),
the Secretary shall, in addition to the considerations required
pursuant to such subsection, consider the following:
``(1) With respect to office buildings, stadiums, musical
arenas, and other sites at which large numbers of members of
the public gather, whether it should be required that an
automatic external defibrillator be located on the premises;
and if so, whether it should be required that there be on the
premises an individual trained in the use of the device.
``(2) With respect to patient-transport vehicles that are
equipped to provide basic life support, whether it should be
required that the vehicles have an automatic external
defibrillator (or, as applicable, whether the class of vehicles
subject to such requirement should be expanded).
``(3) With respect to individuals who are not health
professionals, whether it is the policy of the States to
prohibit such individuals from using automatic external
defibrillators; and if so, whether and to what extent the
policies should be modified.
``(4) With respect to health professionals who have not
undergone training in the use of automatic external
defibrillators, whether it is the policy of the States to
prohibit or restrict such professionals from using such
devices; and if so, whether and to what extent the policies
should be modified.
``(5) With respect to tort laws commonly known as good
Samaritan laws, whether such laws should be modified to provide
that individuals and organizations cannot be found liable for
the use of automatic external defibrillators.
``(6) Whether other tort laws should be so modified.
``(7) With respect to the use of external defibrillators in
circumstances other than in hospitals, whether there are
circumstances in which a manual device should be used rather
than an automated device.
``(8) With respect to the use of external defibrillators in
hospitals, whether there are circumstances in which a manual
device should be used rather than an automated device.
``(c) Recommendations Regarding Federal Policies.--
``(1) In general.--In carrying out section 1271(d), the
Secretary shall develop recommendations for Federal policies
regarding the use of automated external defibrillators,
including recommendations regarding Federal laws.
``(2) Certain considerations.--In developing
recommendations under paragraph (1), the Secretary shall
consider the following:
``(A) With respect to Federal office buildings,
military facilities, and other Federal sites at which
substantial numbers of Federal employees or members of
the public gather, whether it should be required that
an automatic external defibrillator be located on the
premises; and if so, whether it should be required that
there be on the premises an individual trained in the
use of the device.
``(B) With respect to tort liabilities of
manufacturers of automatic external defibrillators that
arise from the use of such devices, whether the Federal
Government, in order to ensure the continued economic
feasibility of manufacturing the devices, should
provide for the modification of tort laws to establish
reasonable limitations on the amount of compensation
that may be awarded.
``SEC. 1273. COLLECTION OF DATA; EVALUATIONS.
``(a) Collection of Data.--In carrying out section 1271(a), the
Secretary shall collect data toward determining the following with
respect to the United States:
``(1) The incidence of cardiac arrest and other conditions
with respect to which the provision of lifesaving first aid may
be appropriate.
``(2) The injuries, illnesses, or other circumstances
giving rise to such arrest or other conditions in the incident
involved.
``(3) The extent to which the age of the victim was
relevant to the occurrence of the incident.
``(4) The rate of survival in the incidents.
``(5) The incidents in which lifesaving first aid was
provided, the rate of survival in such incidents, and the
extent to which the first responders involved had received
training in the provision of such aid.
``(b) Evaluations.--In carrying out section 1271(a), the Secretary
shall conduct evaluations of programs that provide training in
lifesaving first aid, including demonstration projects under paragraph
(1) of such section. Such evaluations shall include consideration of
whether the programs provided training in particular techniques
according to the age of the victim.
``SEC. 1274. BIENNIAL REPORT TO CONGRESS.
Not later than February 1, 1997, and every second year thereafter,
the Secretary shall submit to the Congress a report on the activities
carried out under this part. The report shall provide--
``(1) a description of the demonstration projects carried
out under section 1271(a);
``(2) the recommendations developed pursuant to such
section; and
``(3) a summary of the evaluations conducted under section
1273(b).
``SEC. 1275. DEFINITIONS
``For purposes of this part:
``(1) The term `automated external defibrillator' means a
fully automated or semiautomated external defibrillator that,
as a result of the use of computers to detect and analyze
cardiac rhythms and apply electrical current accordingly,
requires substantially less training to operate than a manual
external defibrillator.
``(2) The term `external defibrillator' means a device
that, through external contact with the chest wall, provides an
electric current to the heart muscle for the purpose of
terminating ventricular fibrillation.
``(3) The term `first responder' means an individual who
provides, or attempts to provide, lifesaving first aid.
``(4) The term `lifesaving first aid' includes the
performance of cardiopulmonary resuscitation, the application
of an automated or manual external defibrillator, and the
provision of relief for the obstruction of a breathing passage
by a foreign object. With respect to matters referred to in the
preceding sentence, such term includes the use of particular
techniques according to the age of the victim.
``SEC. 1276. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are authorized
to be appropriated such sums as may be necessary for each of the fiscal
years 1996 through 2000.''. | Cardiac Arrest Survival Act - Amends the Public Health Service Act to mandate a program to develop and operate demonstration projects to provide training in the provision of life-saving first aid and related recommendations, data collection, and evaluations. Requires the projects and recommendations to include projects and recommendations regarding the use of automated external defibrillators. Mandates data collection regarding conditions with respect to which the provisions of life-saving first aid may be appropriate. Authorizes appropriations. | Cardiac Arrest Survival Act |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Emergency
Agricultural Response Act of 1998''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Use of disaster reserve authority to provide disaster
assistance to certain producers.
Sec. 3. Uncapping loan rates for marketing assistance loans for certain
crops.
Sec. 4. Extension of marketing assistance loans.
Sec. 5. Reinstatement of farmer-owned reserve program.
Sec. 6. Strategic food reserve of loan commodities.
Sec. 7. Improved delivery of Farm Service Agency services at local and
area level.
Sec. 8. Temporary conservation reserve to respond to disease
infestations.
Sec. 9. Special crop insurance rules for counties subject to disaster
declaration.
SEC. 2. USE OF DISASTER RESERVE AUTHORITY TO PROVIDE DISASTER
ASSISTANCE TO CERTAIN PRODUCERS.
(a) Provision of Assistance.--Section 813(a) of the Agricultural
Act of 1970 (7 U.S.C. 1427a(a)) is amended by adding at the end the
following:
``The Secretary shall use funds appropriated for the purposes of
this section to make cash payments to agricultural producers to augment
crop insurance benefits for the purpose of alleviating distress caused
by multiple year crop losses.''
(b) Appropriations.--There is hereby appropriated, out of any money
in the Treasury not otherwise appropriated, $1,200,000,000 for the
reserve established under section 813 of the Agricultural Act of 1970
(7 U.S.C. 1427a).
(c) Designation of Emergency.--The amount appropriated under
subsection (b) shall be available only to the extent that the President
submits to Congress an official budget request for a specific dollar
amount that includes designation of the entire amount of the request as
an emergency requirement for the purposes of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.). The
entire amount of the funds is designated by Congress as an emergency
requirement under section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)).
SEC. 3. UNCAPPING LOAN RATES FOR MARKETING ASSISTANCE LOANS FOR CERTAIN
CROPS.
(a) Wheat.--Subsection (a)(1) of section 132 of the Agricultural
Market Transition Act (7 U.S.C. 7232) is amended--
(1) in subparagraph (A), by striking ``5 crops'' and
inserting ``7 crops''; and
(2) in subparagraph (B), by striking ``not more than'' and
inserting ``not less than''.
(b) Feed Grains.--Subsection (b)(1) of such section is amended--
(1) in subparagraph (A), by striking ``5 crops'' and
inserting ``7 crops''; and
(2) in subparagraph (B), by striking ``not more than'' and
inserting ``not less than''; in subparagraph (A), by striking
``5 crops'' and inserting ``7 crops''; and
(2) in subparagraph (B), by striking ``not more than'' and
inserting ``not less than''.
(c) Upland Cotton.--Subsection (c) of such section is amended--
(1) in paragraph (1)--
(A) in the matter before the subparagraphs, by
striking ``the smaller of'' and inserting ``the greater
of''; and
(B) in subparagraph (A), by striking ``during 3
years of the 5-year period'' and inserting ``during 5
years of the 7-year period''; and
(2) in paragraph (2), by striking ``or more than $0.5192
per pound''.
(d) Extra Long Staple Cotton.--Subsection (d) of such section is
amended--
(1) in paragraph (1), by striking ``during 3 years of the
5-year period'' and inserting ``during 5 years of the 7-year
period''; and
(2) in paragraph (2), by striking ``not more than'' and
inserting ``not less than''.
(e) Rice.--Subsection (e) of such section is amended by inserting
``not less than'' after ``shall be''.
(f) Oilseeds.--Subsection (f) of such section is amended--
(1) in paragraph (1)(A), by striking ``5 crops'' and
inserting ``7 crops'';
(2) in paragraph (1)(B), by striking ``or more than
$5.26''; and
(3) in paragraph (2)(B), by striking ``or more than
$0.093''.
SEC. 4. EXTENSION OF MARKETING ASSISTANCE LOANS.
Section 133 of the Agricultural Market Transition Act (7 U.S.C.
7233) is amended by striking subsection (c) and inserting the
following:
``(c) Extension.--The Secretary may extend the term of marketing
assistance loans made to producers under this subtitle for any loan
commodity for a 6-month period if the Secretary determines that the
extension will promote the orderly delivery of the loan commodity,
materially reduce program costs to the Government, or result in a
significant improvement in income for producers.''.
SEC. 5. REINSTATEMENT OF FARMER-OWNED RESERVE PROGRAM.
Section 171(b)(1) of the Agricultural Market Transition Act (7
U.S.C. 7301(b)(1)) is amended by striking subparagraph (E).
SEC. 6. STRATEGIC FOOD RESERVE OF LOAN COMMODITIES.
Subtitle C of the Agricultural Market Transition Act (7 U.S.C. 7231
et seq.) is amended by adding at the end the following new section:
``SEC. 138. STRATEGIC FOOD RESERVE.
``(a) Reserve Required.--The Secretary shall build a reserve stock
of a loan commodity whenever prices for that commodity fall below 75
percent of the loan rate for marketing assistance loans for that
commodity.
``(b) Methods of Acquisition.--Loan commodities for inclusion in
the reserve may be acquired--
``(1) through purchases--
``(A) from producers; or
``(B) in the market, if the Secretary determines
that the purchases will not unduly disrupt the market;
or
``(2) by designation by the Secretary of stocks of loan
commodities of the Commodity Credit Corporation.
``(c) Release of Eligible Commodities.--The Secretary may release
stocks of a loan commodity in the reserve only when there is such a
domestic shortage of the loan commodity that--
(1) widespread concern exists about the supply of
affordable food for residents of the United States; and
(2) prices for the commodity exceed 200 percent of the loan
rate for marketing assistance loans for the commodity.
``(d) Administration.--To the maximum extent practicable consistent
with the fulfillment of the purposes of this section and the effective
and efficient administration of this section, the Secretary shall use
the usual and customary channels, facilities, arrangements, and
practices of trade and commerce to release stocks of a loan commodity
maintained in the reserve. The Secretary shall administer the release
of stocks from the reserve so as to ensure that the prices received by
agricultural producers of that commodity are not depressed as a result
of the release.
``(e) Limitation on Total Quantity Acquired.--The Secretary may not
acquire for inclusion in the reserve more than 25 percent of the
average annual production of a loan commodity.
``(f) Management of Commodities.--The Secretary shall provide--
``(1) for the management of loan commodities in the
reserve, including the selection of storage locations; and
``(2) for the periodic rotation or replacement of stocks of
loan commodities in the reserve to avoid spoilage and
deterioration of the commodities.
``(g) Use of Commodity Credit Corporation.--The funds, facilities,
and authorities of the Commodity Credit Corporation shall be used by
the Secretary in carrying out this section, except that any restriction
applicable to the acquisition, storage, or disposition of commodities
owned or controlled by the Commodity Credit Corporation shall not
apply.''.
SEC. 7. IMPROVED DELIVERY OF FARM SERVICE AGENCY SERVICES AT LOCAL AND
AREA LEVEL.
(a) Transfer of Funds for Fiscal Year 1999.--To ensure the prompt
response of the Farm Service Agency during fiscal year 1999 to requests
submitted by producers, the Secretary of Agriculture may transfer to
the Farm Service Agency from other appropriations or funds available to
the agencies or corporations of the Department of Agriculture an amount
equal to not more than 25 percent of the operating budget for that
fiscal year of local and area offices of the Farm Service Agency.
Amounts transferred under this subsection may be used only for
activities at local and area offices of the Farm Service Agency.
(b) Subsequent Years.--The Secretary of Agriculture shall include
in the materials submitted to Congress in support of the budget request
for the Department of Agriculture for each fiscal year a certification
that the amount requested for the operation of local and area offices
of the Farm Service Agency will be sufficient to meet the expected
needs of agricultural producers for services.
SEC. 8. TEMPORARY CONSERVATION RESERVE TO RESPOND TO DISEASE
INFESTATIONS.
Subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C.
3801 et seq.) is amended by inserting after section 1256 the following
new section:
``SEC. 1257. THREE-YEAR CONSERVATION RESERVE FOR DISEASED CROPLANDS.
``(a) Reserve Required.--Using the authority provided in subchapter
B, the Secretary shall formulate and carry out the enrollment of lands
described in subsection (b) in a conservation reserve program through
the use of contracts to assist owners and operators of such lands to
combat plant diseases that have devastated the lands.
``(b) Eligible Lands.--The Secretary shall include in the program
only those croplands that have been devastated by a plant disease for
which effective responses are reasonably anticipated within four years,
but are otherwise suitable for the production of crops or livestock.
``(c) Term of Contract.--A contract under this section shall have a
term of three years.''.
SEC. 9. SPECIAL CROP INSURANCE RULES FOR COUNTIES SUBJECT TO DISASTER
DECLARATION.
(a) Multi-Peril Crop Insurance.--For purposes of administering the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for producers
operating in a county described in subsection (c), the Secretary of
Agriculture may not--
(1) include the producer in any nonstandard classification
list on account of the inclusion of the county in a designated
disaster area; or
(2) determine, without the consent of the producer, the
actual production history of the producer using production
records of any crop year during which the county was included
in a designated disaster area.
(b) Exception.--Subsection (a) shall not apply to a disaster that
the Secretary of Agriculture determines is a reoccurring, frequent, and
well-known risk of farming in the locale, and the risks cannot
reasonably be expected to be controlled or eliminated by crop
protection efforts within a 7-year period.
(c) Covered Counties.--This section applies with respect to a
county that is included in whole or in part in a designated disaster
area.
(d) Designated Disaster Area Defined.--In this section, the term
``designated disaster area'' means an area--
(1) covered by a Presidential declaration of major disaster
issued under section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170) on account
of damaging weather or a related condition in the area; or
(2) determined to be a disaster area by the Secretary of
Agriculture under subpart A of part 1945 of title 7, Code of
Federal Regulations, on account of damaging weather or a
related condition in the area.
(e) Effective Date.--This section shall apply beginning with the
1999 crop year for each commodity that is grown in a covered county and
for which multi-peril crop insurance is generally available in the
United States. | Emergency Agricultural Response Act of 1998 - Amends the Agricultural Act of 1970 to authorize the use of disaster reserve authority to augment crop insurance benefits for producers affected by multiple year crop losses. Appropriates funds subject to presidential emergency budget designation.
(Sec. 3) Amends the Agricultural Market Transition Act to revise marketing assistance loan rates for: (1) wheat; (2) feed grains (corn); (3) upland cotton; (4) extra long staple cotton; (5) rice; and (6) oilseeds. Authorizes six-month loan extensions.
(Sec. 5) Repeals the temporary suspension of the farmer owned reserve program.
(Sec. 6) Directs the Secretary of Agriculture to build and manage a reserve stock of a loan commodity whenever such commodity's prices fall below 75 percent of its marketing assistance loan rate.
(Sec. 7) Authorizes the Secretary to transfer specified Department of Agriculture funds to the Farm Service Agency in order to improve local and area Agency services.
(Sec. 8) Amends the Food Security Act of 1985 to direct the Secretary to carry out a three-year conservation reserve for certain diseased croplands.
(Sec. 9) Sets forth specified crop insurance rules for disaster-designated counties. | Emergency Agricultural Response Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Semitism Awareness Act of
2016''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Title VI of the Civil Rights Act of 1964 (referred to
in the section as ``title VI'') is one of the principal
antidiscrimination statutes enforced by the Department of
Education's Office for Civil Rights.
(2) Title VI prohibits discrimination on the basis of race,
color, or national origin.
(3) Both the Department of Justice and the Department of
Education have properly concluded that title VI prohibits
discrimination against Jews, Muslims, Sikhs, and members of
other religious groups when the discrimination is based on the
group's actual or perceived shared ancestry or ethnic
characteristics or when the discrimination is based on actual
or perceived citizenship or residence in a country whose
residents share a dominant religion or a distinct religious
identity.
(4) A September 8, 2010 letter from Assistant Attorney
General Thomas E. Perez to Assistant Secretary for Civil Rights
Russlynn H. Ali stated that ``[a]lthough Title VI does not
prohibit discrimination on the basis of religion,
discrimination against Jews, Muslims, Sikhs, and members of
other groups violates Title VI when that discrimination is
based on the group's actual or perceived shared ancestry or
ethnic characteristics''.
(5) To assist State and local educational agencies and
schools in their efforts to comply with Federal law, the
Department of Education periodically issues Dear Colleague
letters. On a number of occasions, these letters set forth the
Department of Education's interpretation of the statutory and
regulatory obligations of schools under title VI.
(6) On September 13, 2004, the Department of Education
issued a Dear Colleague letter regarding the obligations of
schools (including colleges) under title VI to address
incidents involving religious discrimination. The 2004 letter
specifically notes that ``since the attacks of September 11,
2001, OCR has received complaints of race or national origin
harassment commingled with aspects of religious discrimination
against Arab Muslim, Sikh, and Jewish students.''.
(7) An October 26, 2010 Dear Colleague letter issued by the
Department of Education stated, ``While Title VI does not cover
discrimination based solely on religion, groups that face
discrimination on the basis of actual or perceived shared
ancestry or ethnic characteristics may not be denied protection
under Title VI on the ground that they also share a common
faith. These principles apply not just to Jewish students, but
also to students from any discrete religious group that shares,
or is perceived to share, ancestry or ethnic characteristics
(e.g., Muslims or Sikhs).''.
(8) Anti-Semitism remains a persistent, disturbing problem
in elementary and secondary schools and on college campuses.
(9) Jewish students are being threatened, harassed, or
intimidated in their schools (including on their campuses) on
the basis of their shared ancestry or ethnic characteristics
including through harassing conduct that creates a hostile
environment so severe, pervasive, or persistent so as to
interfere with or limit some students' ability to participate
in or benefit from the services, activities, or opportunities
offered by schools.
(10) The 2010 Dear Colleague letter cautioned schools that
they ``must take prompt and effective steps reasonably
calculated to end the harassment, eliminate any hostile
environment, and its effects, and prevent the harassment from
recurring,'' but did not provide guidance on current
manifestation of anti-Semitism, including discriminatory anti-
Semitic conduct that is couched as anti-Israel or anti-Zionist.
(11) The definition and examples referred to in paragraphs
(1) and (2) of section 3 have been valuable tools to help
identify contemporary manifestations of anti-Semitism, and
include useful examples of discriminatory anti-Israel conduct
that crosses the line into anti-Semitism.
(12) Awareness of this definition of anti-Semitism will
increase understanding of the parameters of contemporary anti-
Jewish conduct and will assist the Department of Education in
determining whether an investigation of anti-Semitism under
title VI is warranted.
SEC. 3. DEFINITIONS.
For purposes of this Act, the term ``definition of anti-
Semitism''--
(1) includes the definition of anti-Semitism set forth by
the Special Envoy to Monitor and Combat Anti-Semitism of the
Department of State in the Fact Sheet issued on June 8, 2010,
as adapted from the Working Definition of Anti-Semitism of the
European Monitoring Center on Racism and Xenophobia (now known
as the European Union Agency for Fundamental Rights); and
(2) includes the examples set forth under the headings
``Contemporary Examples of Anti-Semitism'' and ``What is Anti-
Semitism Relative to Israel?'' of the Fact Sheet.
SEC. 4. RULE OF CONSTRUCTION FOR TITLE VI OF THE CIVIL RIGHTS ACT OF
1964.
In reviewing, investigating, or deciding whether there has been a
violation of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d
et seq.) on the basis of race, color, or national origin, based on an
individual's actual or perceived shared Jewish ancestry or Jewish
ethnic characteristics, the Department of Education shall take into
consideration the definition of anti-Semitism as part of the
Department's assessment of whether the alleged practice was motivated
by anti-Semitic intent.
SEC. 5. CONSTITUTIONAL PROTECTIONS.
Nothing in this Act, or an amendment made by this Act, shall be
construed to diminish or infringe upon any
right protected under the First Amendment to the Constitution of the
United States.
Passed the Senate December 1, 2016.
Attest:
JULIE E. ADAMS,
Secretary. | . Anti-Semitism Awareness Act of 2016 (Sec. 4) This bill requires the Department of Education, when reviewing whether there has been a violation of title VI of the Civil Rights Act of 1964 (prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial assistance) based on an individual's actual or perceived shared Jewish ancestry or Jewish ethnic characteristics, to consider the definition of "anti-Semitism" as part of its assessment of whether the alleged practice was motivated by anti-Semitic intent. For purposes of this bill, the definition of "anti-Semitism" is the definition set forth by the Special Envoy to Monitor and Combat Anti-Semitism of the Department of State in the Fact Sheet issued on June 8, 2010, as adapted from the Working Definition of Anti-Semitism of the European Monitoring Center on Racism and Xenophobia (now known as the European Union Agency for Fundamental Rights). (Sec. 5) Nothing in this bill shall be construed to diminish or infringe upon any right protected under the First Amendment to the Constitution. | Anti-Semitism Awareness Act of 2016 |
SECTION 1. REPEAL OF THE MILITARY SELECTIVE SERVICE ACT.
(a) Repeal.--The Military Selective Service Act (50 U.S.C. App. 451
et seq.) is repealed.
(b) Transfers in Connection With Repeal.--Notwithstanding the
proviso in section 10(a)(4) of the Military Selective Service Act (50
U.S.C. App. 460(a)(4)), the Office of Selective Service Records shall
not be reestablished upon the repeal of the Act. The assets, contracts,
property, and records held by the Selective Service System, and the
unexpended balances of any appropriations available to the Selective
Service System, shall be transferred to the Administrator of General
Services upon the repeal of the Act. The Director of the Office of
Personnel Management shall assist officers and employees of the
Selective Service System to transfer to other positions in the
executive branch.
(c) Termination of Sanctions for Persons Previously Subject to
Registration.--Notwithstanding any other provision of law, a person may
not be denied a right, privilege, benefit, or employment position under
Federal law on the grounds that the person failed to present himself
for and submit to registration under section 3 of the Military
Selective Service Act (50 U.S.C. App. 453), before the repeal of that
Act by subsection (a).
(d) Conforming Amendments.--
(1) Title 5.--Title 5, United States Code, is amended as
follows:
(A) By striking section 3328.
(B) In the table of sections at the beginning of
chapter 33, by striking the item relating to section
3328.
(C) In section 5102(b), by striking ``, including
positions'' and all that follows through ``those
positions''.
(D) In section 5315, by striking the paragraph
relating to the Director of Selective Service.
(2) Title 8.--The Immigration and Nationality Act (8 U.S.C.
1101 et seq.) is amended as follows:
(A) In section 101(a)(19) (8 U.S.C. 1101(a)(19))--
(i) by striking ``section 3(a) of the
Selective Training and Service Act of 1940, as
amended (54 Stat. 885; 55 Stat. 844), or under
section 4(a) of the Selective Service Act of
1948, as amended (62 Stat. 605; 65 Stat. 76) or
under''; and
(ii) by striking ``sections or''.
(B) In section 237(a)(2)(D)(iii) (8 U.S.C.
1227(a)(2)(D)(iii)), by striking ``any provision of the
Military Selective Service Act (50 U.S.C. App. 451 et
seq.) or''.
(C) In section 245A(a)(4) (8 U.S.C. 1255a(a)(4))--
(i) by adding ``and'' at the end of
subparagraph (B);
(ii) by striking ``, and'' at the end of
subparagraph (C) and inserting a period; and
(iii) by striking subparagraph (D).
(D) In section 315(b) (8 U.S.C. 1426(b)), by
inserting ``former'' before ``Selective Service
System''.
(3) Title 10.--Title 10, United States Code, is amended as
follows:
(A) In section 101(d)(6)(B), by striking clause
(v).
(B) In section 513--
(i) in subsection (a), by striking
``(except as provided in subsection (c))'';
(ii) by striking subsection (c); and
(iii) by redesignating subsection (d) as
subsection (c).
(C) In section 523(b), by striking paragraph (7).
(D) In section 641(1)--
(i) by inserting ``or'' at the end of
subparagraph (E);
(ii) by striking subparagraph (F); and
(iii) by redesignating subparagraph (G) as
subparagraph (F).
(E) In section 651(a), by striking ``, other than a
person deferred under the next to the last sentence of
section 6(d)(1) of the Military Selective Service Act
(50 U.S.C App. 456(d)(1))''.
(F) In section 671(c)(1), by striking ``and may be
established notwithstanding section 4(a) of the
Military Selective Service Act (50 U.S.C. App.
454(a))''.
(G) In section 1049(2), by striking ``and selective
service registrants called for induction''.
(H) In section 1475(a)(5), by striking ``who--''
and all that follows through the period and inserting
``who has been provisionally accepted for that duty.''.
(I) In section 12103--
(i) in subsection (b), by striking
``, and who is not under orders to report for
induction into an armed force under the
Military Selective Service Act (50 U.S.C. App. 451 et seq.),''; and
(ii) in subsection (d), by striking ``and
who is not under orders to report for induction
into an armed force under the Military
Selective Service Act (50 U.S.C. App. 451 et
seq.), except as provided in section 6(c)(2)(A)
(ii) and (iii) of such Act,''.
(J) In section 12104(a)--
(i) by striking ``or under the Military
Selective Service Act (50 U.S.C. App. 451 et
seq.),'' in the first sentence; and
(ii) by striking ``or under the Military
Selective Service Act (50 U.S.C. App. 451 et
seq.)'' in the third sentence.
(K) In section 12208(a)--
(i) by striking ``or under the Military
Selective Service Act (50 U.S.C. App. 451 et
seq.),'' in the first sentence; and
(ii) by striking ``or under the Military
Selective Service Act (50 U.S.C. App. 451 et
seq.)'' in the third sentence.
(L) In section 12647--
(i) by striking ``who is assigned to the
Selective Service System or'';
(ii) by striking ``assignment or''; and
(iii) by striking the section heading and
inserting the following:
``Sec. 12647. Commissioned officers: retention in active status while
serving as United States property and fiscal officers''.
(M) In the table of sections at the beginning of
chapter 1219, by striking the item relating to section
12647 and inserting the following new item:
``12647. Commissioned officers: retention in active status while
serving as United States property and
fiscal officers.''.
(4) Title 20.--Section 484 of the Higher Education Act of
1965 (20 U.S.C. 1091) is amended by striking subsection (n).
(5) Title 22.--Section 23 of the Peace Corps Act (22 U.S.C.
2520) is repealed.
(6) Title 26.--Section 3121(n)(5) of the Internal Revenue
Act of 1986 (26 U.S.C. 3121(n)(5)) is amended by striking
``service--'' and all that follows through ``such place;'' and
inserting ``service who has been provisionally accepted for
such duty and has been ordered or directed to proceed to such
place.''.
(7) Title 29.--The Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.) is amended as follows:
(A) In section 146 (29 U.S.C. 2886)--
(i) by striking subsection (a); and
(ii) by striking ``(b) Period of
Enrollment.--''.
(B) In section 189 (29 U.S.C. 2939)--
(i) by striking subsection (h); and
(ii) by redesignating subsection (i) as
subsection (h).
(8) Title 36.--Section 902(d)(5) of title 36, United States
Code, is amended by striking subparagraph (D).
(9) Title 37.--Title 37, United States Code, is amended as
follows:
(A) In section 209(a), by striking the last
sentence.
(B) In section 308e(1)--
(i) in subparagraph (A), by striking ``or
under section 6(d)(1) of the Military Selective
Service Act (50 U.S.C. App. 456(d)(1))''; and
(ii) in subparagraph (B), by striking ``or
section 6(d)(1) of the Military Selective
Service Act (50 U.S.C. App. 456(d)(1))''.
(10) Title 42.--(A) Section 210(m)(5) of the Social
Security Act (42 U.S.C. 410(m)(5)) is amended by striking out
``service--'' and all that follows through ``such place;'' and
inserting ``service who has been provisionally accepted for
such duty and has been ordered or directed to proceed to such
place.''.
(B) Section 1007(b) of the Legal Services Corporation Act
(42 U.S.C. 2996f(b)) is amended by striking out paragraph (10)
and inserting in lieu thereof the following new paragraph:
``(10) to provide legal assistance with respect to any
proceeding or litigation arising out of desertion from the
Armed Forces; or''.
(e) Effective Date.--This Act, and the amendments made by this Act,
shall take effect 180 days after the date of the enactment of this Act. | Repeals the Military Selective Service Act.Prohibits the Office of Selective Service Records from being reestablished upon such repeal. Transfers the assets, property, and records held by the Selective Service System (SSS), as well as unexpended balances, to the Administrator of General Services. Requires the Director of the Office of Personnel Management to assist officers and employees of the SSS to transfer to other positions in the executive branch.Prohibits any person from being denied a right, privilege, benefit, or employment position under Federal law on the grounds that the person failed to register under the Military Selective Service Act before its repeal. | To repeal the Military Selective Service Act. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Property Rights Protection
Act of 2005''.
SEC. 2. PROHIBITION ON EMINENT DOMAIN ABUSE BY STATES.
(a) In General.--No State or political subdivision of a State shall
exercise its power of eminent domain, or allow the exercise of such
power by any person or entity to which such power has been delegated,
over property to be used for economic development or over property that
is subsequently used for economic development, if that State or
political subdivision receives Federal economic development funds
during any fiscal year in which it does so.
(b) Ineligibility for Federal Funds.--A violation of subsection (a)
by a State or political subdivision shall render such State or
political subdivision ineligible for any Federal economic development
funds for a period of 2 fiscal years following a final judgment on the
merits by a court of competent jurisdiction that such subsection has
been violated, and any Federal agency charged with distributing those
funds shall withhold them for such 2-year period, and any such funds
distributed to such State or political subdivision shall be returned or
reimbursed by such State or political subdivision to the appropriate
Federal agency or authority of the Federal Government, or component
thereof.
(c) Opportunity to Cure Violation.--A State or political
subdivision shall not be ineligible for any Federal economic
development funds under subsection (b) if such State or political
subdivision returns all real property the taking of which was found by
a court of competent jurisdiction to have constituted a violation of
subsection (a) and replaces any other property destroyed and repairs
any other property damaged as a result of such violation.
SEC. 3. PROHIBITION ON EMINENT DOMAIN ABUSE BY THE FEDERAL GOVERNMENT.
The Federal Government or any authority of the Federal Government
shall not exercise its power of eminent domain to be used for economic
development.
SEC. 4. PRIVATE RIGHT OF ACTION.
(a) Cause of Action.--Any owner of private property who suffers
injury as a result of a violation of any provision of this Act may
bring an action to enforce any provision of this Act in the appropriate
Federal or State court, and a State shall not be immune under the
eleventh amendment to the Constitution of the United States from any
such action in a Federal or State court of competent jurisdiction. In
such action, the defendant has the burden to show by clear and
convincing evidence that the taking is not for economic development.
Any such property owner may also seek any appropriate relief through a
preliminary injunction or a temporary restraining order.
(b) Limitation on Bringing Action.--An action brought under this
Act may be brought if the property is used for economic development
following the conclusion of any condemnation proceedings condemning the
private property of such property owner, but shall not be brought later
than seven years following the conclusion of any such proceedings and
the subsequent use of such condemned property for economic development.
(c) Attorneys' Fee and Other Costs.--In any action or proceeding
under this Act, the court shall allow a prevailing plaintiff a
reasonable attorneys' fee as part of the costs, and include expert fees
as part of the attorneys' fee.
SEC. 5. NOTIFICATION BY ATTORNEY GENERAL.
(a) Notification to States and Political Subdivisions.--
(1) Not later than 30 days after the enactment of this Act,
the Attorney General shall provide to the chief executive
officer of each State the text of this Act and a description of
the rights of property owners under this Act.
(2) Not later than 120 days after the enactment of this
Act, the Attorney General shall compile a list of the Federal
laws under which Federal economic development funds are
distributed. The Attorney General shall compile annual
revisions of such list as necessary. Such list and any
successive revisions of such list shall be communicated by the
Attorney General to the chief executive officer of each State
and also made available on the Internet website maintained by
the United States Department of Justice for use by the public
and by the authorities in each State and political subdivisions
of each State empowered to take private property and convert it
to public use subject to just compensation for the taking.
(b) Notification to Property Owners.--Not later than 30 days after
the enactment of this Act, the Attorney General shall publish in the
Federal Register and make available on the Internet website maintained
by the United States Department of Justice a notice containing the text
of this Act and a description of the rights of property owners under
this Act.
SEC. 6. REPORT.
Not later than 1 year after the date of enactment of this Act, and
every subsequent year thereafter, the Attorney General shall transmit a
report identifying States or political subdivisions that have used
eminent domain in violation of this Act to the Chairman and Ranking
Member of the Committee on the Judiciary of the House of
Representatives and to the Chairman and Ranking Member of the Committee
on the Judiciary of the Senate. The report shall--
(1) identify all private rights of action brought as a
result of a State's or political subdivision's violation of
this Act;
(2) identify all States or political subdivisions that have
lost Federal economic development funds as a result of a
violation of this Act, as well as describe the type and amount
of Federal economic development funds lost in each State or
political subdivision and the Agency that is responsible for
withholding such funds;
(3) discuss all instances in which a State or political
subdivision has cured a violation as described in section 2(c)
of this Act.
SEC. 7. SENSE OF CONGRESS REGARDING RURAL AMERICA.
(a) Findings.--The Congress finds the following:
(1) The founders realized the fundamental importance of
property rights when they codified the Takings Clause of the
Fifth Amendment to the Constitution, which requires that
private property shall not be taken ``for public use, without
just compensation''.
(2) Rural lands are unique in that they are not
traditionally considered high tax revenue-generating properties
for State and local governments. In addition, farmland and
forest land owners need to have long-term certainty regarding
their property rights in order to make the investment decisions
to commit land to these uses.
(3) Ownership rights in rural land are fundamental building
blocks for our Nation's agriculture industry, which continues
to be one of the most important economic sectors of our
economy.
(4) In the wake of the Supreme Court's decision in Kelo v.
City of New London, abuse of eminent domain is a threat to the
property rights of all private property owners, including rural
land owners.
(b) Sense of Congress.--It is the sense of Congress that the use of
eminent domain for the purpose of economic development is a threat to
agricultural and other property in rural America and that the Congress
should protect the property rights of Americans, including those who
reside in rural areas. Property rights are central to liberty in this
country and to our economy. The use of eminent domain to take farmland
and other rural property for economic development threatens liberty,
rural economies, and the economy of the United States. The taking of
farmland and rural property will have a direct impact on existing
irrigation and reclamation projects. Furthermore, the use of eminent
domain to take rural private property for private commercial uses will
force increasing numbers of activities from private property onto this
Nation's public lands, including its National forests, National parks
and wildlife refuges. This increase can overburden the infrastructure
of these lands, reducing the enjoyment of such lands for all citizens.
Americans should not have to fear the government's taking their homes,
farms, or businesses to give to other persons. Governments should not
abuse the power of eminent domain to force rural property owners from
their land in order to develop rural land into industrial and
commercial property. Congress has a duty to protect the property rights
of rural Americans in the face of eminent domain abuse.
SEC. 8. DEFINITIONS.
In this Act the following definitions apply:
(1) Economic development.--The term ``economic
development'' means taking private property, without the
consent of the owner, and conveying or leasing such property
from one private person or entity to another private person or
entity for commercial enterprise carried on for profit, or to
increase tax revenue, tax base, employment, or general economic
health, except that such term shall not include--
(A) conveying private property--
(i) to public ownership, such as for a
road, hospital, airport, or military base;
(ii) to an entity, such as a common
carrier, that makes the property available to
the general public as of right, such as a
railroad or public facility;
(iii) for use as a road or other right of
way or means, open to the public for
transportation, whether free or by toll;
(iv) for use as an aqueduct, flood control
facility, pipeline, or similar use;
(B) removing harmful uses of land provided such
uses constitute an immediate threat to public health
and safety;
(C) leasing property to a private person or entity
that occupies an incidental part of public property or
a public facility, such as a retail establishment on
the ground floor of a public building;
(D) acquiring abandoned property;
(E) clearing defective chains of title;
(F) taking private property for use by a public
utility; and
(G) redeveloping of a brownfield site as defined in
the Small Business Liability Relief and Brownfields
Revitalization Act (42 U.S.C. 9601(39)).
(2) Federal economic development funds.--The term ``Federal
economic development funds'' means any Federal funds
distributed to or through States or political subdivisions of
States under Federal laws designed to improve or increase the
size of the economies of States or political subdivisions of
States.
(3) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, or any other territory or possession of the United
States.
SEC. 9. SEVERABILITY AND EFFECTIVE DATE.
(a) Severability.--The provisions of this Act are severable. If any
provision of this Act, or any application thereof, is found
unconstitutional, that finding shall not affect any provision or
application of the Act not so adjudicated.
(b) Effective Date.--This Act shall take effect upon the first day
of the first fiscal year that begins after the date of the enactment of
this Act, but shall not apply to any project for which condemnation
proceedings have been initiated prior to the date of enactment.
SEC. 10. SENSE OF CONGRESS.
It is the policy of the United States to encourage, support, and
promote the private ownership of property and to ensure that the
constitutional and other legal rights of private property owners are
protected by the Federal Government.
SEC. 11. BROAD CONSTRUCTION.
This Act shall be construed in favor of a broad protection of
private property rights, to the maximum extent permitted by the terms
of this Act and the Constitution.
SEC. 12. LIMITATION ON STATUTORY CONSTRUCTION.
Nothing in this Act may be construed to supersede, limit, or
otherwise affect any provision of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et
seq.).
SEC. 13. RELIGIOUS AND NONPROFIT ORGANIZATIONS.
(a) Prohibition on States.--No State or political subdivision of a
State shall exercise its power of eminent domain, or allow the exercise
of such power by any person or entity to which such power has been
delegated, over property of a religious or other nonprofit organization
by reason of the nonprofit or tax-exempt status of such organization,
or any quality related thereto if that State or political subdivision
receives Federal economic development funds during any fiscal year in
which it does so.
(b) Ineligibility for Federal Funds.--A violation of subsection (a)
by a State or political subdivision shall render such State or
political subdivision ineligible for any Federal economic development
funds for a period of 2 fiscal years following a final judgment on the
merits by a court of competent jurisdiction that such subsection has
been violated, and any Federal agency charged with distributing those
funds shall withhold them for such 2-year period, and any such funds
distributed to such State or political subdivision shall be returned or
reimbursed by such State or political subdivision to the appropriate
Federal agency or authority of the Federal Government, or component
thereof.
(c) Prohibition on Federal Government.--The Federal Government or
any authority of the Federal Government shall not exercise its power of
eminent domain over property of a religious or other nonprofit
organization by reason of the nonprofit or tax-exempt status of such
organization, or any quality related thereto.
SEC. 14. REPORT BY FEDERAL AGENCIES ON REGULATIONS AND PROCEDURES
RELATING TO EMINENT DOMAIN.
Not later than 180 days after the date of the enactment of this
Act, the head of each Executive department and agency shall review all
rules, regulations, and procedures and report to the Attorney General
on the activities of that department or agency to bring its rules,
regulations and procedures into compliance with this Act.
SEC. 15. SENSE OF CONGRESS.
It is the sense of Congress that any and all precautions shall be
taken by the government to avoid the unfair or unreasonable taking of
property away from survivors of Hurricane Katrina who own, were
bequeathed, or assigned such property, for economic development
purposes or for the private use of others.
Passed the House of Representatives November 3, 2005.
Attest:
JEFF TRANDAHL,
Clerk.
By Gerasimos C. Vans,
Deputy Clerk. | Private Property Rights Protection Act of 2005 - (Sec. 2) Prohibits any state or political subdivision from exercising its power of eminent domain for economic development if that state or political subdivision receives federal economic development funds during the fiscal year. (Defines "economic development" as taking private property and conveying or leasing it to a private entity for commercial enterprise carried on for profit or to increase tax revenue, the tax base, employment, or general economic health.) Makes a state or political subdivision that violates such prohibition ineligible for any such funds for two fiscal years. Provides that such a state or political subdivision is not ineligible for such funds if it returns all real property that was improperly taken and replaces or repairs any property that was destroyed or damaged.
(Sec. 3) Prohibits the federal government from exercising its power of eminent domain for economic development.
(Sec. 4) Establishes a private cause of action for any private property owner who suffers injury as a result of a violation of this Act. Provides that a state is not immune from any such action in a federal or state court. Places the burden on the defendant to show by clear and convincing evidence that the taking is not for economic development. Sets the statute of limitations for such an action at seven years. Allows the prevailing plaintiff's attorney to obtain reasonable attorney's fees and expert fees.
(Sec. 5) Requires the Attorney General to: (1) compile a list of the federal laws under which federal economic development funds are distributed; (2) provide to each state and publish on a Department of Justice website the text of this Act, a description of the rights of property owners under this Act, and the compiled list of relevant federal laws; and (3) publish such text and description in the Federal Register.
(Sec. 6) Requires the Attorney General to submit an annual report to the House and Senate Judiciary Committees identifying states or political subdivisions that have used eminent domain in violation of this Act, that have lost federal economic developments funds as a result, and/or that returned property to cure a violation.
(Sec. 7) Expresses the sense of Congress that: (1) the use of eminent domain for economic development is a threat to agricultural and other property in rural America; and (2) it is the policy of the United States to promote the private ownership of property and to protect the legal rights of private property owners.
(Sec. 13) Prohibits a state or political subdivision from exercising its power of eminent domain over property of a religious or other nonprofit organization because of the organization's nonprofit or tax-exempt status or any related quality if that state or political subdivision receives federal economic development funds during the fiscal year. Makes a state or political subdivision that violates such prohibition ineligible for any such funds for two fiscal years.
Prohibits the federal government from exercising its power of eminent domain over property of a religious or other nonprofit organization because of the organization's nonprofit or tax-exempt status or any related quality.
(Sec. 14) Requires the head of each executive department and agency to review all rules, regulations, and procedures and report to the Attorney General on their activities to comply with this Act.
(Sec. 15) Expresses the sense of Congress that all precautions should be taken to avoid the unfair or unreasonable taking of property from survivors of Hurricane Katrina for economic development or other private use. | To protect private property rights. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Surveillance State Repeal Act''.
SEC. 2. REPEAL OF USA PATRIOT ACT.
The USA PATRIOT Act (Public Law 107-56) is repealed, and the
provisions of law amended or repealed by such Act are restored or
revived as if such Act had not been enacted.
SEC. 3. REPEAL OF THE FISA AMENDMENTS ACT OF 2008.
(a) Repeal.--The FISA Amendments Act of 2008 (Public Law 110-261;
122 Stat. 2477) is repealed, and the provisions of law amended or
repealed by such Act are restored or revived as if such Act had not
been enacted.
(b) Exception.--Subsection (a) of this Act shall not apply to
sections 103 and 110 of the FISA Amendments Act of 2008 (Public Law
110-261; 122 Stat. 2477).
SEC. 4. TERMS OF JUDGES ON FOREIGN INTELLIGENCE SURVEILLANCE COURT;
REAPPOINTMENT; SPECIAL MASTERS.
(a) Terms; Reappointment.--Section 103(d) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(d)) is amended--
(1) by striking ``maximum of seven'' and inserting
``maximum of ten''; and
(2) by striking ``and shall not be eligible for
redesignation''.
(b) Special Masters.--Section 103(f) of such Act, as amended by
section 3 of this Act, is further amended by adding at the end the
following new paragraph:
``(4) Special Masters.--
``(A) The courts established pursuant to subsections (a)
and (b) may appoint one or more Special Masters to advise the
courts on technical issues raised during proceedings before the
courts.
``(B) In this paragraph, the term `Special Master' means an
individual who has technological expertise in the subject
matter of a proceeding before a court established pursuant to
subsection (a) or (b).''.
SEC. 5. ELECTRONIC SURVEILLANCE OF SPECIFIED PERSONS WITHOUT REGARD TO
SPECIFIC DEVICE.
Section 105(c)(2)(B) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1805(c)(2)(B)) is amended to read as follows:
``(B) that, upon the request of the applicant, any
person or entity shall furnish the applicant forthwith
all information, facilities, or technical assistance
necessary to accomplish the electronic surveillance in
such a manner as will protect its secrecy and produce a
minimum of interference with the services that such
carrier, landlord, custodian, or other person is
providing that target of electronic surveillance;''.
SEC. 6. ADDITIONAL PROVISIONS FOR COLLECTIONS UNDER THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) In General.--Title VII of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.), as amended by section 3 of this
Act, is further amended to read as follows:
``TITLE VII--ADDITIONAL PROVISIONS
``SEC. 701. WARRANT REQUIREMENT.
``Notwithstanding any other provision of this Act, no information
relating to a United States person may be acquired pursuant to this Act
without a valid warrant based on probable cause.''.
(b) Table of Contents Amendments.--The table of contents in the
first section of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.), as amended by section 3 of this Act, is further
amended by striking the items relating to title VII and section 701 and
inserting the following new items:
``TITLE VII--ADDITIONAL PROVISIONS
``701. Warrant requirement.''.
SEC. 7. ENCRYPTION AND PRIVACY TECHNOLOGY OF ELECTRONIC DEVICES AND
SOFTWARE.
Notwithstanding any other provision of law, the Federal Government
shall not mandate that the manufacturer of an electronic device or
software for an electronic device build into such device or software a
mechanism that allows the Federal Government to bypass the encryption
or privacy technology of such device or software.
SEC. 8. GAO COMPLIANCE EVALUATIONS.
(a) In General.--The Comptroller General of the United States shall
annually evaluate compliance by the Federal Government with the
provisions of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.).
(b) Report.--The Comptroller General shall annually submit to
Congress a report containing the results of the evaluation conducted
under subsection (a).
SEC. 9. WHISTLEBLOWER COMPLAINTS.
(a) Authorization To Report Complaints or Information.--An employee
of or contractor to an element of the intelligence community that has
knowledge of the programs and activities authorized by the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) may
submit a covered complaint--
(1) to the Comptroller General of the United States;
(2) to the Permanent Select Committee on Intelligence of
the House of Representatives;
(3) to the Select Committee on Intelligence of the Senate;
or
(4) in accordance with the process established under
section 103H(k)(5) of the National Security Act of 1947 (50
U.S.C. 3033(k)(5)).
(b) Investigations and Reports to Congress.--The Comptroller
General shall investigate a covered complaint submitted pursuant to
subsection (b)(1) and shall submit to Congress a report containing the
results of the investigation.
(c) Covered Complaint Defined.--In this section, the term ``covered
complaint'' means a complaint or information concerning programs and
activities authorized by the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801 et seq.) that an employee or contractor reasonably
believes is evidence of--
(1) a violation of any law, rule, or regulation; or
(2) gross mismanagement, a gross waste of funds, an abuse
of authority, or a substantial and specific danger to public
health or safety.
SEC. 10. PROHIBITION ON INTERFERENCE WITH REPORTING OF WASTE, FRAUD,
ABUSE, OR CRIMINAL BEHAVIOR.
(a) In General.--Notwithstanding any other provision of law, an
officer or employee of an element of the intelligence community shall
be subject to administrative sanctions, up to and including
termination, for taking retaliatory action against an employee of or
contractor to an element of the intelligence community who seeks to
disclose or discloses covered information to--
(1) the Comptroller General;
(2) the Permanent Select Committee on Intelligence of the
House of Representatives;
(3) the Select Committee on Intelligence of the Senate; or
(4) the Office of the Inspector General of the Intelligence
Community.
(b) Definitions.--In this section:
(1) Covered information.--The term ``covered information''
means any information (including classified or sensitive
information) that an employee or contractor reasonably believes
is evidence of--
(A) a violation of any law, rule, or regulation; or
(B) gross mismanagement, a gross waste of funds, an
abuse of authority, or a substantial and specific
danger to public health or safety.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given the term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003). | Surveillance State Repeal Act - Repeals the USA PATRIOT Act and the FISA Amendments Act of 2008 (thereby restoring or reviving provisions amended or repealed by such Acts as if such Acts had not been enacted), except with respect to reports to Congress regarding court orders under the Foreign Intelligence Surveillance Act of 1978 (FISA) and the acquisition of intelligence information concerning an entity not substantially composed of U.S. persons that is engaged in the international proliferation of weapons of mass destruction. Extends from 7 to 10 years the maximum term of FISA judges. Makes such judges eligible for redesignation. Permits FISA courts to appoint special masters to advise on technical issues raised during proceedings. Requires orders approving certain electronic surveillance to direct that, upon request of the applicant, any person or entity must furnish all information, facilities, or technical assistance necessary to accomplish such surveillance in a manner to protect its secrecy and produce a minimum of interference with the services that such carrier, landlord, custodian, or other person is providing the target of such surveillance (thereby retaining the ability to conduct surveillance on such targets regardless of the type of communications methods or devices being used by the subject of the surveillance). Prohibits information relating to a U.S. person from being acquired pursuant to FISA without a valid warrant based on probable cause. Prohibits the federal government from requiring manufacturers of electronic devices and related software to build in mechanisms allowing the federal government to bypass encryption or privacy technology. Directs the Comptroller General (GAO) to report annually on the federal government's compliance with FISA. Permits an employee of or contractor to an element of the intelligence community with knowledge of FISA-authorized programs and activities to submit a covered complaint to the Comptroller General, to the House or Senate intelligence committees, or in accordance with a process under the National Security Act of 1947 with respect to reports made to the Inspector General of the Intelligence Community. Defines a "covered complaint" as a complaint or information concerning FISA-authorized programs and activities that an employee or contractor reasonably believes is evidence of: (1) a violation of any law, rule, or regulation; or (2) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. Subjects an officer or employee of an element of the intelligence community to administrative sanctions, including termination, for taking retaliatory action against an employee or contractor who seeks to disclose, or who discloses, such information. | Surveillance State Repeal Act |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Congress has responsibility under the Constitution for
international commerce.
(2) Congressional oversight of trade policy has often been
hampered by a lack of resources.
(3) The United States has entered into numerous trade
agreements with foreign trading partners, including bilateral,
regional, and multilateral agreements.
(4) Foreign country performance under certain agreements
has been less than contemplated, and in some cases rises to the
level of noncompliance.
(5) The credibility of, and support for, the United States
Government's trade policy is, to a significant extent, a
function of the belief that trade agreements made are trade
agreements enforced.
(6) The accession of the People's Republic of China to the
World Trade Organization will create unprecedented challenges
and it is important to the world trading system that China
comply with the numerous and significant commitments China
makes as part of the accession process. Congress must play a
key role in ensuring full and continuous monitoring of the
People's Republic of China's compliance with its commitments.
SEC. 2. ESTABLISHMENT OF OFFICE.
(a) In General.--There is established an office in Congress to be
known as the Congressional Trade Office (in this Act referred to as the
``Office'').
(b) Purposes.--The purposes of the Office are as follows:
(1) To reassert the constitutional responsibility of
Congress with respect to international trade.
(2) To provide Congress with additional independent,
nonpartisan, neutral trade expertise.
(3) To assist Congress in providing more effective and
active oversight of trade policy.
(4) To assist Congress in providing to the executive branch
more effective direction on trade policy.
(5) To provide Congress with long-term, institutional
memory on trade issues.
(6) To provide Congress with more analytical capability on
trade issues.
(7) To advise relevant committees on the impact of trade
negotiations, including past, ongoing, and future negotiations,
with respect to the areas of jurisdiction of the respective
committees.
(c) Functions.--The functions of the Office are as follows:
(1) Assistance to congress.--To provide the appropriate
committees of Congress or joint committees of Congress
information which will assist the committees in the discharge
of the matters within their jurisdiction.
(2) Monitor compliance.--To monitor compliance with major
bilateral, regional, and multilateral trade agreements by--
(A) consulting with the affected industries and
interested parties;
(B) analyzing the success of those agreements based
on the effect of the agreements on specific industries
and the economy;
(C) recommending actions, including legislative
action, necessary to ensure that foreign countries that
have made commitments through those agreements with the
United States fully abide by their commitments;
(D) annually assessing the extent to which those
agreements comply with environmental goals; and
(E) annually assessing the extent to which those
agreements comply with labor goals.
(3) Analyses.--
(A) In general.--To perform the following analyses:
(i) By not later than 60 days after the
date the national trade policy agenda is
delivered to Congress each year under section
163(a) of the Trade Act of 1974 (19 U.S.C.
2213(a)), to analyze that agenda, including
alternative goals, strategies, and tactics, as
appropriate.
(ii) By not later than 60 days after the
date the National Trade Estimate report is
delivered to Congress each year under section
181(b) of the Trade Act of 1974 (19 U.S.C.
2241(b)), to analyze the major outstanding
trade barriers based on cost to the United
States economy.
(iii) To analyze the overall trade balance
of the United States and the trade balances of
the United States with the major trading
partners of the United States.
(B) Analyses requested by committee.--To perform
analyses relating to trade as directed by any committee
which will assist the committee in the discharge of the
matters within the committee's jurisdiction, including,
but not limited to--
(i) analyzing proposed trade legislation;
(ii) analyzing proposed trade agreements,
including agreements that do not require
implementing legislation; and
(iii) analyzing the impact of the trade
policy and actions of the executive branch,
including assessing the decisions not to accept
unfair trade practices cases.
(4) Dispute settlement deliberations.--To perform the
following functions with respect to dispute resolution:
(A) Participate as observers on the United States
delegation at dispute settlement panel meetings of the
World Trade Organization.
(B) Evaluate the results obtained by the United
States in dispute settlement proceedings at the World
Trade Organization, under the North American Free Trade
Agreement, and under any trade agreement entered into
after the enactment of this Act, including the effect
of the outcome of the proceedings on specific
industries and the economy.
(5) Participation in trade negotiations.--To participate as
observers in bilateral, regional, and multilateral trade
negotiations.
(6) Other functions of the office.--
(A) To provide Congress with quarterly reports
regarding the activities of the Office.
(B) To be available for consultation with
congressional committees on trade-related legislation.
(C) To perform such other functions relating to
trade as the chairman and ranking member of the
Committee on Finance of the Senate and the chairman and
ranking member of the Committee on Ways and Means of
the House of Representatives may request.
(d) Additional Authorities.--In carrying out its functions, the
Office may--
(1) receive and review classified information and
participate in classified briefings in the same manner as the
staff of the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives;
and
(2) consult nongovernmental experts and use nongovernmental
resources.
(e) Director and Staff.--
(1) Director.--
(A) In general.--There shall be at the head of the
Office a Director. The Director shall be appointed by
the Speaker of the House of Representatives and the
President pro tempore of the Senate after considering
the recommendations of the chairman and ranking member
of the Committee on Finance of the Senate and the
chairman and ranking member of the Committee on Ways
and Means of the House of Representatives. The Director
shall be chosen without regard to political affiliation
and solely on the basis of the Director's expertise and
fitness to perform the duties of the Director.
(B) Term.--The term of office of the Director shall
be 5 years and the Director may be reappointed for
subsequent terms.
(C) Vacancy.--Any individual appointed as Director
to fill a vacancy occurring before the expiration of
the term for which the individual's predecessor was
appointed shall be appointed only for the remainder of
that term.
(D) Removal.--The Director may be removed by either
House of Congress by resolution.
(E) Compensation.--The Director shall receive
compensation at the annual rate of pay in effect for
level III of the Executive Schedule under section 5314
of title 5, United States Code.
(2) Staff.--
(A) In general.--The Director shall appoint and fix
the compensation of such personnel as may be necessary
to carry out the duties and functions of the Office.
All personnel shall be appointed without regard to
political affiliation and solely on the basis of their
fitness to perform their duties. The personnel of the
Office shall consist of individuals with expertise in
international trade, including expertise in economics,
trade law, various industrial sectors, and various
geographical regions.
(B) Benefits.--For purposes of pay (other than the
pay of the Director) and employment, benefits, rights,
and privileges, all personnel of the Office shall be
treated as if they were employees of the House of
Representatives.
(3) Experts and consultants.--In carrying out the duties
and functions of the Office, the Director may procure the
temporary (not to exceed 1 year) or intermittent services of
experts or consultants or organizations thereof by contract as
independent contractors, or, in the case of individual experts
or consultants, by employment at rates of pay not in excess of
the daily equivalent of the highest rate of basic pay payable
under the General Schedule under section 5332 of title 5,
United States Code.
(4) Relationship to executive branch.--The Director may
secure information, data, estimates, and statistics directly
from any department, agency, or establishment of the executive
branch of Government and any regulatory agency or commission of
the Government. All such departments, agencies, establishments,
and regulatory agencies and commissions shall furnish the
Director any available material which the Director determines
to be necessary in the performance of his or her duties and
functions (other than material the disclosure of which would be
a violation of law). The Director may, upon agreement with the
head of any such department, agency, establishment, or
regulatory agency or commission, use its services and
facilities with or without reimbursement; and the head of each
such department, agency, establishment, or regulatory agency or
commission may provide such services and facilities to the
Office.
(5) Relationship to other agencies of congress.--In
carrying out the duties and functions of the Office, and for
the purpose of coordinating the operations of the Office with
those of other congressional agencies in order to use most
effectively the information, services, and capabilities of all
such agencies in carrying out the responsibilities assigned to
each, the Director may obtain information, data, estimates, and
statistics developed by the Government Accountability Office,
the Library of Congress, and other offices of Congress, and
(upon agreement with them) may utilize their services and
facilities with or without reimbursement. The Comptroller
General, the Librarian of Congress, and the head of such other
offices of Congress are authorized to provide the Office with
the information, data, estimates, statistics, services, and
facilities referred to in the preceding sentence.
SEC. 3. PUBLIC ACCESS TO DATA.
(a) In General.--Except as provided in subsections (b) and (c), the
Director--
(1) shall post on an Office website all information, data,
estimates, and statistics obtained under this Act;
(2) shall make such information, data, estimates, and
statistics available for public copying during normal business
hours, subject to reasonable rules and regulations; and
(3) shall to the extent practicable, at the request of any
person, furnish a copy of any such information, data,
estimates, or statistics upon payment by such person of the
cost of making and furnishing such copy.
(b) Exceptions.--
(1) Basis for withholding information.--Information, data,
estimates, and statistics may be withheld from disclosure under
subsection (a) only to the extent that such information, data,
estimates, or statistics (as the case may be)--
(A) are specifically exempted from disclosure by
law; or
(B) as determined by the Director, will disclose--
(i) matters necessary to be kept secret in
the interests of national defense or the
confidential conduct of the foreign relations
of the United States;
(ii) information relating to trade secrets
or financial or commercial information
pertaining specifically to a given person if
the information has been obtained by the
Government on a confidential basis, other than
through an application by such person for a
specific financial or other benefit, and is
required to be kept secret in order to prevent
undue injury to the competitive position of
such person; or
(iii) personnel or medical data or similar
data the disclosure of which would constitute a
clearly unwarranted invasion of personal
privacy.
(2) Notice of withheld information.--The Director shall
provide notice to the public of each instance in which
information has been withheld from disclosure under paragraph
(1), including a description of the information, and shall
provide an opportunity for the public to petition the Director
to reconsider the determination to withhold disclosure of the
information.
(c) Information Obtained for Committees and Members.--Subsection
(a) of this section shall apply to any information, data, estimates,
and statistics obtained at the request of any committee, joint
committee, or Member except to the extent that such committee, joint
committee, or Member has instructed the Director not to make such
information, data, estimates, or statistics available for public
copying.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Office for each
fiscal year such sums as may be necessary to enable the Office to carry
out its duties and functions. Until sums are first appropriated
pursuant to the preceding sentence, for a period not to exceed 12
months following the effective date of this section, the expenses of
the Office shall be paid from the contingent fund of the Senate, in
accordance with the provisions of the paragraph relating to contingent
funds under the heading ``UNDER LEGISLATIVE'' in the Act of October 2,
1888 (25 Stat. 546; 2 U.S.C. 68), and upon vouchers approved by the
Director. | Establishes the Congressional Trade Office to advise Congress on trade policy. | To establish a Congressional Trade Office. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vietnam Human Rights Sanctions
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The relationship between the United States and the
Socialist Republic of Vietnam has grown substantially since the
end of the trade embargo in 1994, with annual trade between the
countries reaching more than $36,000,000,000 in 2014.
(2) However, the transition by the Government of Vietnam
toward greater economic activity and trade, which has led to
increased bilateral engagement between the United States and
Vietnam, has not been matched by greater political freedom or
substantial improvements in basic human rights for the people
of Vietnam.
(3) Vietnam remains an authoritarian state ruled by the
Communist Party of Vietnam, which continues to deny the right
of the people of Vietnam to participate in free and fair
elections.
(4) According to the Department of State's 2014 Country
Reports on Human Rights Practices, Vietnam's ``most significant
human rights problems . . . were severe government restrictions
of citizens' political rights, particularly their right to
change their government through free and fair elections; limits
on citizens' civil liberties, including freedom of assembly and
expression; and inadequate protection of citizens' due process
rights, including protection against arbitrary detention''.
(5) The Country Reports also state that the Government of
Vietnam ``continued to restrict speech that criticized
individual government leaders; promoted political pluralism or
multi-party democracy; or questioned policies on sensitive
matters, such as human rights, religious freedom, or
sovereignty disputes with China'' and ``sought to impede
criticism by monitoring meetings and communications of
political activists''.
(6) Furthermore, the Department of State documents that
``arbitrary arrest and detention, particularly for political
activists, remained a problem'', with the Government of Vietnam
sentencing 29 arrested activists during 2014. Of those, 6
activists were convicted on national security charges in the
penal code for ``undermining the unity policy'', 17 for
``causing public disorder'', and 6 for ``abusing democratic
freedoms''.
(7) At the end of 2014, the Government of Vietnam
reportedly held more than 125 political prisoners.
(8) On September 24, 2012, 3 prominent Vietnamese
bloggers--Nguyen Van Hai (also known as Dieu Cay), Ta Phong
Tan, and Phan Thanh Hai (also known as Anh Ba Saigon)--were
sentenced to prison based on 3-year-old blog postings
criticizing the Government and leaders of Vietnam and the
Communist Party of Vietnam. Nguyen Van Hai served 2 years of a
12-year prison sentence on charges of ``conducting propaganda
against the state'' but was later released and departed from
Vietnam. If he were to return, he would likely have to complete
his prison sentence.
(9) United Nations High Commissioner for Human Rights Navi
Pillay responded to the sentencing of the bloggers on September
25, 2012, stating that ``[t]he harsh prison terms handed down
to bloggers exemplify the severe restrictions on freedom of
expression in Vietnam'' and calling the sentences an
``unfortunate development that undermines the commitments
Vietnam has made internationally . . . to protect and promote
the right to freedom of expression''.
(10) On March 21, 2013, Deputy Assistant Secretary of State
for Democracy, Human Rights, and Labor Daniel B. Baer testified
before the Subcommittee on East Asian and Pacific Affairs of
the Committee on Foreign Relations of the Senate that ``in
Vietnam we've been disappointed in recent years to see
backsliding, particularly on . . . freedom of expression issues
. . . people are being prosecuted for what they say online
under really draconian national security laws . . . that is an
issue that we continue to raise, both in our human rights
dialogue with the Vietnamese as well as in other bilateral
engagements''.
(11) Although the Constitution of Vietnam provides for
freedom of religion, the Department of State's 2013
International Religious Freedom Report maintains, ``Government
practices and bureaucratic impediments restricted religious
freedom. Unregistered and unrecognized religious groups were
often subject to harassment, as well as coercive and punitive
actions by authorities.''.
(12) Likewise, the United States Commission on
International Religious Freedom 2015 Annual Report states,
``The Vietnamese government continues to control all religious
activities through law and administrative oversight, restrict
severely independent religious practice, and repress
individuals and religious groups it views as challenging its
authority, including independent Buddhists, Hoa Hao, Cao Dai,
Catholics, and Protestants.''.
(13) The 2013 Annual Report notes that in 2004 the United
States designated Vietnam as a country of particular concern
for religious freedom pursuant to section 402(b)(1) of the
International Religious Freedom Act of 1998 (22 U.S.C.
6442(b)(1)), and that Vietnam responded at that time by
releasing prisoners, prohibiting the policy of forced
renunciations of faith, and expanding protections for religious
groups, and that ``[m]ost religious leaders in Vietnam
attributed these positive changes to the [country of particular
concern] designation and the priority placed on religious
freedom concerns in U.S.-Vietnamese bilateral relations''.
(14) However, the 2013 Annual Report concludes that since
the designation as a country of particular concern was lifted
from Vietnam in 2006, ``religious freedom conditions in Vietnam
remain mixed'', and therefore recommends to the Department of
State that Vietnam should be redesignated as a country of
particular concern.
(15) Deputy Assistant Secretary of State Baer likewise
testified that ``[i]n Vietnam the right to religious freedom,
which seemed to be improving several years ago, has been
stagnant for several years''.
SEC. 3. IMPOSITION OF SANCTIONS ON CERTAIN INDIVIDUALS WHO ARE
COMPLICIT IN HUMAN RIGHTS ABUSES COMMITTED AGAINST
NATIONALS OF VIETNAM OR THEIR FAMILY MEMBERS.
(a) Definitions.--In this section:
(1) Admitted; alien; immigration laws; national.--The terms
``admitted'', ``alien'', ``immigration laws'', and ``national''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Finance, the Committee on
Banking, Housing, and Urban Affairs, and the Committee
on Foreign Relations of the Senate; and
(B) the Committee on Ways and Means, the Committee
on Financial Services, and the Committee on Foreign
Affairs of the House of Representatives.
(3) Convention against torture.--The term ``Convention
against Torture'' means the United Nations Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, done at New York on December 10, 1984.
(4) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity.
(b) Imposition of Sanctions.--Except as provided in subsections (e)
and (f), the President shall impose the sanctions described in
subsection (d) with respect to each individual on the list required by
subsection (c)(1).
(c) List of Individuals Who Are Complicit in Certain Human Rights
Abuses.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a list of individuals who
are nationals of Vietnam that the President determines are
complicit in human rights abuses committed against nationals of
Vietnam or their family members, regardless of whether such
abuses occurred in Vietnam.
(2) Updates of list.--The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1) as new information becomes available and not less
frequently than annually.
(3) Public availability.--The list required by paragraph
(1) shall be made available to the public and posted on the Web
sites of the Department of the Treasury and the Department of
State.
(4) Consideration of data from other countries and
nongovernmental organizations.--In preparing the list required
by paragraph (1), the President shall consider data already
obtained by other countries and nongovernmental organizations,
including organizations in Vietnam, that monitor the human
rights abuses of the Government of Vietnam.
(d) Sanctions.--
(1) Prohibition on entry and admission to the united
states.--An individual on the list required by subsection
(c)(1) may not--
(A) be admitted to, enter, or transit through the
United States;
(B) receive any lawful immigration status in the
United States under the immigration laws, including any
relief under the Convention Against Torture; or
(C) file any application or petition to obtain such
admission, entry, or status.
(2) Financial sanctions.--The President shall block and
prohibit all transactions in all property and interests in
property of an individual on the list required by subsection
(c)(1) if such property and interests in property are in the
United States, come within the United States, or are or come
within the possession or control of a United States person.
(e) Exceptions To Comply With International Agreements.--The
President may, by regulation, authorize exceptions to the imposition of
sanctions under this section to permit the United States to comply with
the Agreement regarding the Headquarters of the United Nations, signed
at Lake Success June 26, 1947, and entered into force November 21,
1947, between the United Nations and the United States, and other
applicable international agreements.
(f) Waiver.--The President may waive the requirement to impose or
maintain sanctions with respect to an individual under subsection (b)
or the requirement to include an individual on the list required by
subsection (c)(1) if the President--
(1) determines that such a waiver is in the national
interest of the United States; and
(2) submits to the appropriate congressional committees a
report describing the reasons for the determination.
(g) Termination of Sanctions.--The provisions of this section shall
terminate on the date on which the President determines and certifies
to the appropriate congressional committees that the Government of
Vietnam has--
(1) unconditionally released all political prisoners;
(2) ceased its practices of violence, unlawful detention,
torture, and abuse of nationals of Vietnam while those
nationals are engaging in peaceful political activity; and
(3) conducted a transparent investigation into the
killings, arrest, and abuse of peaceful political activists in
Vietnam and prosecuted those responsible.
SEC. 4. SENSE OF CONGRESS ON DESIGNATION OF VIETNAM AS A COUNTRY OF
PARTICULAR CONCERN WITH RESPECT TO RELIGIOUS FREEDOM.
It is the sense of Congress that--
(1) the relationship between the United States and Vietnam
cannot progress while the record of the Government of Vietnam
with respect to human rights and the rule of law continues to
deteriorate;
(2) the designation of Vietnam as a country of particular
concern for religious freedom pursuant to section 402(b)(1) of
the International Religious Freedom Act of 1998 (22 U.S.C.
6442(b)(1)) would be a powerful and effective tool in
highlighting abuses of religious freedom in Vietnam and in
encouraging improvement in the respect for human rights in
Vietnam; and
(3) the Secretary of State should, in accordance with the
recommendation of the United States Commission on International
Religious Freedom, designate Vietnam as a country of particular
concern for religious freedom. | Vietnam Human Rights Sanctions Act This bill requires the President to: (1) impose financial and immigration/entry sanctions on listed nationals of Vietnam who are complicit in human rights abuses committed against nationals of Vietnam or their family members, regardless of whether such abuses occurred in Vietnam; and (2) submit to Congress a publicly available list of individuals determined to be complicit in such human rights abuses. The President may waive sanctions to comply with international agreements or if in the U.S. national interest. Sanctions shall be terminated if the President certifies to Congress that the government of Vietnam has: (1) released all political prisoners; (2) ceased its practices of violence, detention, and abuse of citizens of Vietnam engaging in peaceful political activity; and (3) conducted a transparent investigation into the killings, arrest, and abuse of such political activists and prosecuted those responsible. It is the sense of Congress that: (1) the U.S.-Vietnam relationship cannot progress while the government of Vietnam's human rights record continues to deteriorate, and (2) the Secretary of State should designate Vietnam as a country of particular concern with respect to religious freedom. | Vietnam Human Rights Sanctions Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security KidSave Accounts
Act''.
SEC. 2. SOCIAL SECURITY KIDSAVE ACCOUNTS.
(a) In General.--Title II of the Social Security Act (42 U.S.C. 401
et seq.) is amended--
(1) by inserting before section 201 the following:
``Part A--Insurance Benefits'';
and
(2) by adding at the end the following:
``Part B--KidSave Accounts
``establishment of kidsave accounts
``Sec. 251. (a) In General.--The Commissioner of Social Security,
through the Federal Retirement Thrift Investment Board, shall establish
in the name of each individual born on or after January 1, 2001, a
KidSave Account in the Thrift Savings Fund under subchapter III of
chapter 84 of title 5, United States Code, upon the later of--
``(1) the date of enactment of this part; or
``(2) the date of the issuance of a Social Security account
number under section 205(c)(2) to such individual.
``(b) Identification of Account.--The KidSave Account shall be
identified to the account holder by means of the account holder's
Social Security account number.
``treatment of kidsave accounts
``Sec. 252. (a) In General.--For purposes of this part, except as
provided in subsection (b), a KidSave Account described in subsection
(a) shall be treated in the same manner as an account in the Thrift
Savings Fund under subchapter III of chapter 84 of title 5, United
States Code.
``(b) Exceptions.--
``(1) Contribution rules.--
``(A) Loan contributions.--
``(i) In general.--In addition to any
contributions to a KidSave Account by or on
behalf of an individual described in
subparagraph (B), the Secretary of the Treasury
shall transfer $2,000 to such Account from the
Federal Old-Age and Survivors Insurance Trust
Fund on the date of the establishment of such
Account under subsection (a).
``(ii) Adjustment for inflation.--For any
calendar year after 2008, the dollar amount
under clause (i) shall be increased by the
cost-of-living adjustment determined under
section 215(i) for the calendar year.
``(B) Other contributions.--
``(i) Contribution limit.--The aggregate
amount of contributions by or on behalf of an
individual (including rollover contributions)
for any taxable year to the KidSave Account of
such individual shall not exceed $500 for such
year (determined without regard to the amount
of the contribution made pursuant to
subparagraph (A)).
``(ii) Rollover contributions.--No rollover
contribution may be made to a KidSave Account
of an individual unless it is from an eligible
retirement plan described in clause (i), (ii),
or (iii) of section 402(c)(8)(B) of the
Internal Revenue Code of 1986 of such
individual or of a parent or grandparent of
such individual.
``(iii) No contributions past the age of
18.--No contribution (including rollover
contribution) may be made to a KidSave Account
of an individual in any year after the year in
which such individual attains the age of 19.
``(iv) Direct deposits.--The Secretary of
the Treasury shall, under regulations, provide
for the direct deposit of any overpayment of
Federal tax of an individual or of a parent or
grandparent of such individual as a
contribution to the KidSave Account of such
individual.
``(2) Designations regarding kidsave account investments.--
``(A) Initial designations of investment fund.--A
person described in subsection (c) shall, on behalf of
the individual described in section 251(a), designate 1
or more investment funds (established under section
8438 of title 5, United States Code) for the KidSave
Account to which contributions by or on behalf of such
individual are to be deposited. Such designation shall
be made on the application for such individual's Social
Security account number.
``(B) Default designation.--In the absence of any
designation under subparagraph (A), the contributions
by or on behalf of an individual described in section
251(a) shall be deposited--
``(i) 60 percent in the Common Stock Index
Investment Fund established under section
8438(b)(1)(C) of title 5, United States Code;
``(ii) 20 percent in the Fixed Income
Investment Fund established under section
8438(b)(1)(B) of such title; and
``(iii) 20 percent in the Government
Securities Investment Fund established under
section 8438(b)(1)(A) of such title.
``(C) Changes in designations.--An individual who
has attained age 18 or a person described in subsection
(c) on behalf of such individual may change 1 or more
investment designations for a KidSave Account of such
individual at the same time and in the same manner as
provided under subchapter III of chapter 84 of such
title.
``(3) Distributions.--
``(A) In general.--Except as provided in
subparagraph (B), distributions may only be made from a
KidSave Account of an individual on or after the
earlier of--
``(i) the date on which the individual
begins receiving benefits under this title; or
``(ii) the date of the individual's death.
``(B) Repayment of contribution loan.--
``(i) In general.--On the date on which an
individual described in section 251(a) attains
age 30 and on such date in each succeeding
calendar year (as necessary), the Federal
Retirement Thrift Investment Board shall
transfer from the KidSave Account of such
individual to the Federal Old-Age and Survivors
Insurance Trust Fund an amount equal to the
least of the following amounts:
``(I) 20 percent of the applicable
amount.
``(II) 20 percent of the balance in
such KidSave Account.
``(III) An amount equal to the
excess of the applicable amount over
the aggregate amount deducted under
this clause in all preceding calendar
years with respect to such individual.
``(ii) Applicable amount.--With respect to
any individual described in clause (i), the
applicable amount is equal to the amount of the
loan contribution under paragraph (1)(A)
determined for the first calendar year
described in such clause for KidSave Accounts
established in such year.
``(c) Treatment of Minors and Incompetent Individuals.--
``(1) Designations.--Any designation under subsection
(b)(2) to be made by a minor, or an individual mentally
incompetent or under other legal disability, may be made by the
person who is constituted guardian or other fiduciary by the
law of the State of residence of the individual or is otherwise
legally vested with the care of the individual or his estate.
``(2) Distributions.--Payment under this part due a minor,
or an individual mentally incompetent or under other legal
disability, may be made to the person who is constituted
guardian or other fiduciary by the law of the State of
residence of the claimant or is otherwise legally vested with
the care of the claimant or his estate.
``(3) Other persons designated.--In any case in which a
guardian or other fiduciary of the individual under legal
disability has not been appointed under the law of the State of
residence of the individual, if any other person, in the
judgment of the Commissioner, is responsible for the care of
such individual, any designation under subsection (b)(2) which
may otherwise be made by such individual may be made by such
person, any payment under this part which is otherwise payable
to such individual may be made to such person, and the payment
of an annuity payment under this part to such person bars
recovery by any other person.
``treatment of thrift savings fund
``Sec. 253. For purposes of subchapter VIII of chapter 84 of title
5, United States Code, the KidSave Accounts established in the Thrift
Savings Fund under section 251 shall be separately maintained and
accounted for by the Federal Retirement Thrift Investment Board from
the accounts established under such subchapter in such Fund.''.
(b) Conforming Amendments Regarding Rollovers.--
(1) Section 402(c)(5) of the Internal Revenue Code of 1986
is amended by striking ``(i) or (ii)'' and inserting ``(i),
(ii), or (v)''.
(2) Section 402(c)(8)(B) of such Code is amended by
striking ``and'' at the end of clause (iii), by striking the
period at the end of clause (iv) and inserting ``, and'', and
by adding at the end the following new clause:
``(v) a KidSave Account established under
section 251(a) of the Social Security Act.''.
(3) Section 408(d)(3)(A)(i) of such Code is amended by
inserting ``or a KidSave Account established under section
251(a) of the Social Security Act'' after ``contract)''. | Requires the Secretary of the Treasury to transfer from the Federal Old- Age and Survivors Insurance Trust Fund to each account holder's KidSave Account: (1) $2,000, on the date such individual's KidSave Account is established; plus (2) other, including rollover, contributions, by or on behalf of the individual, the aggregate amount of which in the case of any individual below age 19 is capped at $500 for any taxable year. Provides for the treatment of distributions.
Amends the Internal Revenue Code to exclude from gross income any rollovers into a KidSave Account. | Social Security KidSave Accounts Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coal-to-Liquid Fuel Promotion Energy
Act of 2006''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Coal-to-liquid.--The term ``coal-to-liquid'' means--
(A) with respect to a process or technology, the
use of a feedstock, the majority of which is the coal
resources of the United States, using the class of
chemical reactions known as Fischer-Tropsch, to produce
synthetic fuel suitable for transportation; and
(B) with respect to a facility, the portion of a
facility related to supplying inputs to the Fischer-
Tropsch process, Fischer-Tropsch finished fuel
production, or the capture, transportation, or
sequestration of byproducts of the use of coal at the
Fischer-Tropsch facility, including carbon emissions.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. COAL-TO-LIQUID FUEL LOAN GUARANTEE PROGRAM.
(a) Eligible Projects.--Section 1703(b) of the Energy Policy Act of
2005 (42 U.S.C. 16513(b)) is amended by adding at the end the
following:
``(11) Large-scale coal-to-liquid facilities (as defined in
section 2 of the Coal-to-Liquid Fuel Promotion Energy Act of
2006) that use a feedstock, the majority of which is the coal
resources of the United States, to produce not less than 10,000
barrels a day of liquid transportation fuel.''.
(b) Authorization of Appropriations.--Section 1704 of the Energy
Policy Act of 2005 (42 U.S.C. 16514) is amended by adding at the end
the following:
``(c) Coal-to-Liquid Projects.--
``(1) In general.--There are authorized to be appropriated
such sums as are necessary to provide the cost of guarantees
for projects involving large-scale coal-to-liquid facilities
under section 1703(b)(11).
``(2) Limitations.--
``(A) In general.--No loan guarantees shall be
provided under this title for projects described in
paragraph (1) after (as determined by the Secretary)--
``(i) the tenth such loan guarantee is
issued under this title; or
``(ii) production capacity covered by such
loan guarantees reaches 100,000 barrels per day
of coal-to-liquid fuel.
``(B) Individual projects.--
``(i) In general.--A loan guarantee may be
provided under this title for any large-scale
coal-to-liquid facility described in paragraph
(1) that produces no more than 20,000 barrels
of coal-to-liquid fuel per day.
``(ii) Non-federal funding requirement.--To
be eligible for a loan guarantee under this
title, a large-scale coal-to-liquid facility
described in paragraph (1) that produces more
than 20,000 barrels of coal-to-liquid fuel per
day shall be required to provide non-Federal
funding for the proportional cost of the loan
guarantee for production that exceeds 20,000
barrels of coal-to-liquid fuel per day.''.
SEC. 4. COAL-TO-LIQUID FACILITIES LOAN PROGRAM.
(a) Definition of Eligible Recipient.--In this section, the term
``eligible recipient'' means an individual, organization, or other
entity that owns, operates, or plans to construct a coal-to-liquid
facility that will produce at least 10,000 barrels per day of coal-to-
liquid fuel.
(b) Establishment.--The Secretary shall establish a program under
which the Secretary shall provide loans, in a total amount not to
exceed $20,000,000, for use by eligible recipients to pay the Federal
share of the cost of obtaining any services necessary for the planning,
permitting, and construction of a coal-to-liquid facility.
(c) Application.--To be eligible to receive a loan under subsection
(b), an owner or operator of a coal-to-liquid facility shall submit to
the Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
(d) Non-Federal Match.--To be eligible to receive a loan under this
section, an eligible recipient shall use non-Federal funds to provide a
dollar-for-dollar match of the amount of the loan.
(e) Repayment of Loan.--
(1) In general.--To be eligible to receive a loan under
this section, an eligible recipient shall agree to repay the
original amount of the loan to the Secretary not later than 5
years after the date of the receipt of the loan.
(2) Source of funds.--Repayment of a loan under paragraph
(1) may be made from any financing or assistance received for
the construction of a coal-to-liquid facility described in
subsection (a), including a loan guarantee provided under
section 1703(b)(11) of the Energy Policy Act of 2005 (42 U.S.C.
16513(b)(11)).
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $200,000,000, to remain
available until expended.
SEC. 5. LOCATION OF COAL-TO-LIQUID MANUFACTURING FACILITIES.
The Secretary, in coordination with the head of any affected
agency, shall promulgate such regulations as the Secretary determines
to be necessary to support the development on Federal land (including
land of the Department of Energy, military bases, and military
installations closed or realigned under the defense base closure and
realignment) of coal-to-liquid manufacturing facilities and associated
infrastructure, including the capture, transportation, or sequestration
of carbon dioxide.
SEC. 6. STRATEGIC PETROLEUM RESERVE.
(a) Development, Operation, and Maintenance of Reserve.--Section
159 of the Energy Policy and Conservation Act (42 U.S.C. 6239) is
amended--
(1) by redesignating subsections (f), (g), (j), (k), and
(l) as subsections (a), (b), (e), (f), and (g), respectively;
and
(2) by inserting after subsection (b) (as redesignated by
paragraph (1)) the following:
``(c) Study of Maintaining Coal-to-Liquid Products in Reserve.--Not
later than 1 year after the date of enactment of the Coal-to-Liquid
Fuel Promotion Energy Act of 2006, the Secretary and the Secretary of
Defense shall--
``(1) conduct a study of the feasibility and suitability of
maintaining coal-to-liquid products in the Reserve; and
``(2) submit to the Committee on Energy and Natural
Resources and the Committee on Armed Services of the Senate and
the Committee on Energy and Commerce and the Committee on Armed
Services of the House of Representatives a report describing
the results of the study.
``(d) Construction of Storage Facilities.--As soon as practicable
after the date of enactment of the Coal-to-Liquid Fuel Promotion Energy
Act of 2006, the Secretary may construct 1 or more storage facilities--
``(1) in the vicinity of pipeline infrastructure and at
least 1 military base; but
``(2) outside the boundaries of any State on the coast of
the Gulf of Mexico.''.
(b) Petroleum Products for Storage in Reserve.--Section 160 of the
Energy Policy and Conservation Act (42 U.S.C. 6240) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting a semicolon at
the end;
(B) in paragraph (2), by striking ``and'' at the
end;
(C) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(4) coal-to-liquid products (as defined in section 2 of
the Coal-to-Liquid Fuel Promotion Energy Act of 2006), as the
Secretary determines to be appropriate, in a quantity not to
exceed 20 percent of the total quantity of petroleum products
in the Reserve.'';
(2) in subsection (b), by redesignating paragraphs (3)
through (5) as paragraphs (2) through (4), respectively; and
(3) by redesignating subsections (f) and (h) as subsections
(d) and (e), respectively.
(c) Conforming Amendments.--Section 167 of the Energy Policy and
Conservation Act (42 U.S.C. 6247) is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively; and
(B) in paragraph (2) (as redesignated by
subparagraph (A)), by striking ``section 160(f)'' and
inserting ``section 160(e)''; and
(2) in subsection (d), in the matter preceding paragraph
(1), by striking ``section 160(f)'' and inserting ``section
160(e)''.
SEC. 7. AUTHORIZATION TO CONDUCT RESEARCH, DEVELOPMENT, TESTING, AND
EVALUATION OF ASSURED DOMESTIC FUELS.
Of the amount authorized to be appropriated for the Air Force for
research, development, testing, and evaluation, $10,000,000 may be made
available for the Air Force Research Laboratory to continue support
efforts to test, qualify, and procure synthetic fuels developed from
coal for aviation jet use.
SEC. 8. COAL-TO-LIQUID FACILITIES ON OR NEAR MILITARY INSTALLATIONS.
Section 2398a of title 10, United States Code is amended--
(1) in subsection (b)--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(B) by adding at the end the following:
``(2) Coal-to-liquid production facilities.--
``(A) In general.--The Secretary of Defense may
enter into contracts or other agreements with private
companies or other entities to develop and operate
coal-to-liquid facilities (as defined in section 2 of
the Coal-to-Liquid Fuel Promotion Energy Act of 2006)
on or near military installations.
``(B) Considerations.--In entering into contracts
and other agreements under subparagraph (A), the
Secretary shall consider land availability, testing
opportunities, and proximity to raw materials.'';
(2) in subsection (d)--
(A) by striking ``Subject to applicable provisions
of law, any'' and inserting ``Any''; and
(B) by striking ``1 or more years'' and inserting
``up to 25 years''; and
(3) by adding at the end the following:
``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.''. | Coal-to-Liquid Fuel Promotion Energy Act of 2006 - Amends the Energy Policy Act of 2005 to include among the projects eligible for Department of Energy (DOE) loan guarantees large-scale coal-to-liquid facilities that use a feedstock, the majority of which is domestic coal resources, to produce at least 10,000 barrels a day of liquid transportation fuel.
Instructs the Secretary of Energy (Secretary) to establish a federal loan program for coal-to-liquid facilities.
Directs the Secretary to promulgate regulations to support the development of coal-to-liquid manufacturing facilities and associated infrastructure on DOE and other federal lands, including military bases and military installations closed or realigned under the defense base closure and realignment.
Authorizes the Secretary to construct storage facilities: (1) in the vicinity of pipeline infrastructure and at least one military base; but (2) outside the boundaries of any state on the coast of the Gulf of Mexico.
Authorizes the Secretary to acquire, place in storage, transport, or exchange coal-to-liquid products, not to exceed 20% of the total quantity of petroleum products in the Strategic Petroleum Reserve.
Authorizes appropriations for the Air Force Research Laboratory to continue support efforts to test, qualify, and procure synthetic fuels developed from coal for aviation jet use.
Amends federal law governing Armed Forces fuel procurement to authorize the Secretary of Defense to enter into agreements with private companies to develop and operate coal-to-liquid facilities on or near military installations. | A bill to promote coal-to-liquid fuel activities. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Servant Retirement Protection
Act of 2005''.
SEC. 2. REPEAL OF CURRENT WINDFALL ELIMINATION PROVISION.
Paragraph (7) of section 215(a) of the Social Security Act (42
U.S.C. 415(a)(7)) is repealed.
SEC. 3. REPLACEMENT OF THE WINDFALL ELIMINATION PROVISION WITH A
FORMULA EQUALIZING BENEFITS FOR CERTAIN INDIVIDUALS WITH
NON-COVERED EMPLOYMENT.
(a) Substitution of Proportional Formula for Formula Based on
Covered Portion of Periodic Benefit.--
(1) In general.--Section 215(a) of the Social Security Act
(as amended by section 2 of this Act) is amended further by
inserting after paragraph (6) the following new paragraph:
``(7)(A) In the case of an individual whose primary insurance
amount would be computed under paragraph (1) of this subsection, who--
``(i) attains age 62 after 1985 (except where he or she
became entitled to a disability insurance benefit before 1986
and remained so entitled in any of the 12 months immediately
preceding his or her attainment of age 62), or
``(ii) would attain age 62 after 1985 and becomes eligible
for a disability insurance benefit after 1985,
and who first becomes eligible after 1985 for a monthly periodic
payment (including a payment determined under subparagraph (E), but
excluding (I) a payment under the Railroad Retirement Act of 1974 or
1937, (II) a payment by a social security system of a foreign country
based on an agreement concluded between the United States and such
foreign country pursuant to section 233, and (III) a payment based
wholly on service as a member of a uniformed service (as defined in
section 210(m)) which is based in whole or in part upon his or her
earnings for service which did not constitute `employment' as defined
in section 210 for purposes of this title (hereafter in this paragraph
and in subsection (d)(3) referred to as `noncovered service'), the
primary insurance amount of that individual during his or her
concurrent entitlement to such monthly periodic payment and to old-age
or disability insurance benefits shall be computed or recomputed under
this paragraph.
``(B) The primary insurance amount of an individual described in
subparagraph (A), as computed or recomputed under this paragraph, shall
be--
``(i) in the case of an individual who first performs
noncovered service after the 12th calendar month following the
date of the enactment of the Public Servant Retirement
Protection Act of 2005, the primary insurance amount determined
under subparagraph (C), or
``(ii) in the case of an individual who has performed
noncovered service during or before the 12th calendar month
following the date of the enactment of the Public Servant
Retirement Protection Act of 2005, the larger of--
``(I) the primary insurance amount determined under
subparagraph (C), or
``(II) the primary insurance amount determined
under subparagraph (E).
``(C) An individual's primary insurance amount determined under
this subparagraph shall be the product derived by multiplying--
``(i) the individual's primary insurance amount, as
determined under paragraph (1) of this subsection and
subparagraph (D)(i) of this paragraph, by
``(ii) a fraction--
``(I) the numerator of which is the individual's
average indexed monthly earnings (determined without
regard to subparagraph (D)(i)), and
``(II) the denominator of which is an amount equal
to the individual's average indexed monthly earnings
(as determined under subparagraph (D)(i)),
rounded, if not a multiple of $0.10, to the next lower multiple of
$0.10.
``(D)(i) For purposes of determining an individual's primary
insurance amount pursuant to subparagraph (C)(i), the individual's
average indexed monthly earnings shall be determined by treating all
service performed after 1950 on which the individual's monthly periodic
payment referred to in subparagraph (A) is based (other than noncovered
service as a member of a uniformed service (as defined in section
210(m))) as `employment' as defined in section 210 for purposes of this
title (together with all other service performed by such individual
consisting of `employment' as so defined).
``(ii) For purposes of determining average indexed monthly earnings
as described in clause (i), the Commissioner of Social Security shall
provide by regulation for a method for determining the amount of wages
derived from service performed after 1950 on which the individual's
periodic benefit is based and which is to be treated as `employment'
solely for purposes of clause (i). Such method shall provide for
reliance on employment records which are provided to the Commissioner
and which, as determined by the Commissioner, constitute a reasonable
basis for treatment of service as `employment' for such purposes,
together with such other information received by the Commissioner
(including such documentary evidence of earnings derived from
noncovered service as may be provided to the Commissioner by the
individual) as the Commissioner may consider appropriate as a
reasonable basis for treatment of service as `employment' for such
purposes. The Commissioner shall enter into such arrangements as are
necessary and appropriate with the Department of the Treasury, the
Department of Labor, other Federal agencies, and agencies of States and
political subdivisions thereof so as to secure satisfactory evidence of
earnings for noncovered service described in subparagraph (A) for
purposes of this clause and clauses (iii) and (iv). The Secretary of
the Treasury, the Secretary of Labor, and the heads of all other
Federal agencies are authorized and directed to cooperate with the
Commissioner and, to the extent permitted by law, to provide such
employment records and other information as the Commissioner may
request for their assistance in the performance of the Commissioner's
functions under this clause and clauses (iii) and (iv).
``(iii) In any case in which satisfactory evidence of earnings for
noncovered service which was performed by an individual during any year
or portion of a year after 1977 is not otherwise available, the
Commissioner may, for purposes of clause (ii), accept as satisfactory
evidence of such individual's earnings for such noncovered service
during such year or portion of a year reasonable extrapolations from
available information with respect to earnings for noncovered service
of such individual for periods immediately preceding and following such
year or portion of a year.
``(iv) In any case in which satisfactory evidence of earnings for
noncovered service which was performed by an individual during any
period before 1978 is not otherwise available, the Commissioner may,
for purposes of clause (ii), accept as satisfactory evidence of such
individual's earnings for such noncovered service during such period --
``(I) the individual's written attestation of such
earnings, if such attestation is corroborated by at least 1
other individual who is knowledgeable of the relevant facts, or
``(II) available information regarding the average earnings
for noncovered service for the same period for individuals in
similar positions in the same profession in the same State or
political subdivision thereof, or, in any case in which such
information is not available for such period, reasonable
extrapolations of average earnings for noncovered service for
such individuals from periods immediately preceding and
following such period.
``(v) In any case described in subparagraph (B)(i), if the
requirements of clause (ii) of this subparagraph are not met (after
applying clauses (iii) and (iv)), the primary insurance amount of the
individual shall be, notwithstanding subparagraph (B)(i), the primary
insurance amount computed under subparagraph (E).
``(E)(i) For purposes of determining the primary insurance amount
under this subparagraph--
``(I) there shall first be computed an amount equal to the
individual's primary insurance amount under paragraph (1) of
this subsection, except that for purposes of such computation
the percentage of the individual's average indexed monthly
earnings established by subparagraph (A)(i) of paragraph (1)
shall be the percent specified in clause (ii), and
``(II) there shall then be computed (without regard to this
paragraph) a second amount, which shall be equal to the
individual's primary insurance amount under paragraph (1) of
this subsection, except that such second amount shall be
reduced by an amount equal to one-half of the portion of the
monthly periodic payment which is attributable to noncovered
service performed after 1956 (with such attribution being based
on the proportionate number of years of such noncovered
service) and to which the individual is entitled (or is deemed
to be entitled) for the initial month of his or her concurrent
entitlement to such monthly periodic payment and old-age or
disability insurance benefits.
An individual's primary insurance amount determined under this
subparagraph shall be the larger of the two amounts computed under this
clause (before the application of subsection (i)).
``(ii) For purposes of clause (i), the percent specified in this
clause is--
``(I) 80.0 percent with respect to individuals who become
eligible (as defined in paragraph (3)(B)) for old-age insurance
benefits (or became eligible as so defined for disability
insurance benefits before attaining age 62) in 1986;
``(II) 70.0 percent with respect to individuals who so
become eligible in 1987;
``(III) 60.0 percent with respect to individuals who so
become eligible in 1988;
``(IV) 50.0 percent with respect to individuals who so
become eligible in 1989; and
``(V) 40.0 percent with respect to individuals who so
become eligible in 1990 or thereafter.
``(F)(i) Any periodic payment which otherwise meets the
requirements of subparagraph (A), but which is paid on other than a
monthly basis, shall be allocated on a basis equivalent to a monthly
payment (as determined by the Commissioner of Social Security), and
such equivalent monthly payment shall constitute a monthly periodic
payment for purposes of this paragraph.
``(ii) In the case of an individual who has elected to receive a
periodic payment that has been reduced so as to provide a survivor's
benefit to any other individual, the payment shall be deemed to be
increased (for purposes of any computation under this paragraph or
subsection (d)(3) by the amount of such reduction.
``(iii) For purposes of this paragraph, the term `periodic payment'
includes a payment payable in a lump sum if it is a commutation of, or
a substitute for, periodic payments.
``(G)(i) This paragraph shall not apply in the case of an
individual who has 30 years or more of coverage. In the case of an
individual who has more than 20 years of coverage but less than 30
years of coverage (as so defined), the percent specified in the
applicable subdivision of subparagraph (E)(ii) shall (if such percent
is smaller than the applicable percent specified in the following
table) be deemed to be the applicable percent specified in the
following table:
``If the number of such The applicable percent is:
individual's years of
coverage (as so defined)
is:
29..................................................... 85
28..................................................... 80
27..................................................... 75
26..................................................... 70
25..................................................... 65
24..................................................... 60
23..................................................... 55
22..................................................... 50
21..................................................... 45
``(ii) For purposes of clause (i), the term `year of coverage'
shall have the meaning provided in paragraph (1)(C)(ii), except that
the reference to `15 percent' therein shall be deemed to be a reference
to `25 percent'.
``(H) An individual's primary insurance amount determined under
this paragraph shall be deemed to be computed under paragraph (1) of
this subsection for the purpose of applying other provisions of this
title.
``(I) This paragraph shall not apply in the case of an individual
whose eligibility for old-age or disability insurance benefits is based
on an agreement concluded pursuant to section 233 or an individual who
on January 1, 1984--
``(i) is an employee performing service to which social
security coverage is extended on that date solely by reason of
the amendments made by section 101 of the Social Security
Amendments of 1983; or
``(ii) is an employee of a nonprofit organization which (on
December 31, 1983) did not have in effect a waiver certificate
under section 3121(k) of the Internal Revenue Code of 1954 and
to the employees of which social security coverage is extended
on that date solely by reason of the amendments made by section
102 of that Act, unless social security coverage had previously
extended to service performed by such individual as an employee
of that organization under a waiver certificate which was
subsequently (prior to December 31, 1983) terminated.''.
(2) Conforming amendments.--
(A) Section 215(d)(3) of such Act (42 U.S.C.
415(d)(3)) is amended--
(i) by striking ``subsection (a)(7)(C)''
each place it appears and inserting
``subsection (a)(7)(F)'';
(ii) by striking ``subparagraph (E)'' and
inserting ``subparagraph (I)''; and
(iii) by striking ``subparagraph (D)'' and
inserting ``subparagraph (G)(i)''.
(B) Section 215(f)(9)(A) of such Act (42 U.S.C.
415(f)(9)(A)) is amended by striking ``(a)(7)(C)'' and
inserting ``(a)(7)(F)''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to monthly
insurance benefits for months commencing with or after the 12th
calendar month following the date of the enactment of this Act.
Notwithstanding section 215(f) of the Social Security Act, the
Commissioner of Social Security shall recompute primary insurance
amounts to the extent necessary to carry out the amendments made by
this Act. | Public Servant Retirement Protection Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) to repeal the current windfall elimination provision (WEP) (that reduces the Social Security benefits of workers who also have pension benefits from employment not covered by Social Security) for individuals first performing non-covered service beginning one year after enactment of this Act.
Establishes a new formula for the treatment of non-covered earnings in determining Social Security benefits. Applies such formula to individuals subject to the current WEP if the benefit under the new formula would be higher. | To amend title II of the Social Security Act to repeal the windfall elimination provision and protect the retirement of public servants. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airport and Airway Extension Act of
2012''.
SEC. 2. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.
(a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) of the
Internal Revenue Code of 1986 is amended by striking ``January 31,
2012'' and inserting ``February 17, 2012''.
(b) Ticket Taxes.--
(1) Persons.--Clause (ii) of section 4261(j)(1)(A) of such Code
is amended by striking ``January 31, 2012'' and inserting
``February 17, 2012''.
(2) Property.--Clause (ii) of section 4271(d)(1)(A) of such
Code is amended by striking ``January 31, 2012'' and inserting
``February 17, 2012''.
(c) Effective Date.--The amendments made by this section shall take
effect on February 1, 2012.
SEC. 3. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY.
(a) In General.--Paragraph (1) of section 9502(d) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``February 1, 2012'' and inserting ``February
18, 2012''; and
(2) by inserting ``or the Airport and Airway Extension Act of
2012'' before the semicolon at the end of subparagraph (A).
(b) Conforming Amendment.--Paragraph (2) of section 9502(e) of such
Code is amended by striking ``February 1, 2012'' and inserting
``February 18, 2012''.
(c) Effective Date.--The amendments made by this section shall take
effect on February 1, 2012.
SEC. 4. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--
(1) In general.--Section 48103(9) of title 49, United States
Code, is amended to read as follows:
``(9) $1,344,535,519 for the period beginning on October 1,
2011, and ending on February 17, 2012.''.
(2) Obligation of amounts.--Subject to limitations specified in
advance in appropriation Acts, sums made available for a portion of
fiscal year 2012 pursuant to the amendment made by paragraph (1)
may be obligated at any time through September 30, 2012, and shall
remain available until expended.
(b) Project Grant Authority.--Section 47104(c) of such title is
amended by striking ``January 31, 2012,'' and inserting ``February 17,
2012,''.
SEC. 5. EXTENSION OF EXPIRING AUTHORITIES.
(a) Section 40117(l)(7) of title 49, United States Code, is amended
by striking ``February 1, 2012.'' and inserting ``February 18, 2012.''.
(b) Section 41743(e)(2) of such title is amended by striking ``and
$2,016,393 for the portion of fiscal year 2012 ending before February
1, 2012,'' and inserting ``and $2,295,082 for the portion of fiscal
year 2012 ending before February 18, 2012,''.
(c) Section 44302(f)(1) of such title is amended--
(1) by striking ``January 31, 2012,'' and inserting ``February
17, 2012,''; and
(2) by striking ``April 30, 2012,'' and inserting ``May 17,
2012,''.
(d) Section 44303(b) of such title is amended by striking ``April
30, 2012,'' and inserting ``May 17, 2012,''.
(e) Section 47107(s)(3) of such title is amended by striking
``February 1, 2012.'' and inserting ``February 18, 2012.''.
(f) Section 47115(j) of such title is amended by striking
``February 1, 2012,'' and inserting ``February 18, 2012,''.
(g) Section 47141(f) of such title is amended by striking ``January
31, 2012.'' and inserting ``February 17, 2012.''.
(h) Section 49108 of such title is amended by striking ``January
31, 2012,'' and inserting ``February 17, 2012,''.
(i) Section 161 of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 47109 note) is amended by striking
``February 1, 2012,'' and inserting ``February 18, 2012,''.
(j) Section 186(d) of such Act (117 Stat. 2518) is amended by
striking ``February 1, 2012,'' and inserting ``February 18, 2012,''.
(k) Section 409(d) of such Act (49 U.S.C. 41731 note) is amended by
striking ``January 31, 2012.'' and inserting ``February 17, 2012.''.
SEC. 6. FEDERAL AVIATION ADMINISTRATION OPERATIONS.
Section 106(k)(1)(H) of title 49, United States Code, is amended to
read as follows:
``(H) $3,692,555,464 for the period beginning on October 1,
2011, and ending on February 17, 2012.''.
SEC. 7. AIR NAVIGATION FACILITIES AND EQUIPMENT.
Section 48101(a)(8) of title 49, United States Code, is amended to
read as follows:
``(8) $1,044,541,913 for the period beginning on October 1,
2011, and ending on February 17, 2012.''.
SEC. 8. RESEARCH, ENGINEERING, AND DEVELOPMENT.
Section 48102(a)(16) of title 49, United States Code, is amended to
read as follows:
``(16) $64,092,459 for the period beginning on October 1, 2011,
and ending on February 17, 2012.''.
SEC. 9. ESSENTIAL AIR SERVICE.
Section 41742(a)(2) of title 49, United States Code, is amended by
striking ``and $50,309,016 for the period beginning on October 1, 2011,
and ending on January 31, 2012,'' and inserting ``and $54,699,454 for
the period beginning on October 1, 2011, and ending on February 17,
2012,''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Airport and Airway Extension Act of 2012 - (Sec. 2) Amends the Internal Revenue Code to extend through February 17, 2012, increased excise taxes on aviation fuels, the excise tax on air transportation of persons and property, and the expenditure authority for the Airport and Airway Trust Fund.
(Sec. 4) Extends through February 17, 2012: (1) the authorization of appropriations for airport planning and development and noise compatibility planning projects (known as airport improvement projects [AIPs]), and (2) the authority of the Secretary of Transportation (DOT) to make new AIP grants.
(Sec. 5) Extends through February 17, 2012: (1) the pilot program for passenger facility fee authorizations at non-hub airports, and (2) disclosure requirements for large and medium hub airports applying for AIP grants.
Authorizes appropriations to the Secretary through February 17, 2012, to make agreements to provide small community air service assistance to underserved airports.
Directs the Secretary to extend through February 17, 2012, the termination date of insurance coverage for domestic or foreign-flag aircraft. Grants the Secretary discretionary authority to further extend such coverage through May 17, 2012. Extends through May 17, 2012, the authority of the Secretary to limit air carrier liability for claims arising out of acts of terrorism.
Extends through February 17, 2012: (1) grant eligibility for airports located in the Marshall Islands, Micronesia, and Palau; (2) grants to state and local governments for land use compatibility AIPs; and (3) authority for approving an application of the Metropolitan Washington Airports Authority for an airport development grant or for permission to impose a passenger facility fee.
Amends the Vision 100-Century of Aviation Reauthorization Act to extend through February 17, 2012: (1) the temporary increase to 95% of the federal government's share of certain AIP costs, (2) funding for airport development at Midway Island Airport, and (3) the effective period of final orders of the Secretary regarding the eligibility of small communities for essential air service subsidies.
(Sec. 6) Authorizes appropriations to the Federal Aviation Administration (FAA) for the period from October 1, 2011, through February 17, 2012, for: (1) FAA operations; (2) air navigation facilities and equipment; and (3) civil aviation research, engineering, and development.
(Sec. 9) Authorizes appropriations out of the Airport and Airway Trust Fund for the period from October 1, 2011, through February 17, 2012, for the essential air service (EAS) program. | To amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund, to amend title 49, United States Code, to extend authorizations for the airport improvement program, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Land Invasive Species
Control, Prevention, and Management Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to ensure the effective management of
Federal land, including National Monuments and National Heritage Areas,
to protect from invasive species important natural resources,
including--
(1) soil;
(2) vegetation;
(3) archeological sites;
(4) water resources; and
(5) rare or unique habitats.
SEC. 3. DEFINITIONS.
In this Act:
(1) Control.--The term ``control'', with respect to an
invasive species, means the eradication, suppression, or
reduction of the population of the invasive species within the
area in which the invasive species is present.
(2) Ecosystem.--The term ``ecosystem'' means the complex of
a community of organisms and the environment of the organisms.
(3) Eligible state.--The term ``eligible State'' means any
of--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) American Samoa;
(E) Guam; and
(F) the United States Virgin Islands.
(4) Invasive species.--
(A) In general.--The term ``invasive species''
means an alien species, the introduction of which
causes, or is likely to cause, economic or
environmental harm or harm to human health.
(B) Associated definition.--For purposes of
subparagraph (A), the term ``alien species'', with
respect to a particular ecosystem, means any species
(including the seeds, eggs, spores, or other biological
material of the species that are capable of propagating
the species) that is not native to the affected
ecosystem.
(C) Inclusion.--The terms ``invasive species'' and
``alien species'' include any terrestrial or aquatic
species determined by the relevant tribal, regional,
State, or local authority to meet the requirements of
subparagraph (A) or (B), as applicable.
(5) Manage; management.--The terms ``manage'' and
``management'', with respect to an invasive species, mean the
active implementation of any activity--
(A) to reduce or stop the spread of the invasive
species; and
(B) to inhibit further infestations of the invasive
species, the spread of the invasive species, or harm
caused by the invasive species, including
investigations regarding methods for early detection
and rapid response, prevention, control, or management
of the invasive species.
(6) Prevent.--The term ``prevent'', with respect to an
invasive species, means--
(A) to hinder the introduction of the invasive
species onto land or water; or
(B) to impede the spread of the invasive species
within land or water by inspecting, intercepting, or
confiscating invasive species threats prior to the
establishment of the invasive species onto land or
water of an eligible State.
(7) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of the Interior, with respect to
Federal land administered by the Secretary of the
Interior through--
(i) the Bureau of Indian Affairs;
(ii) the Bureau of Land Management;
(iii) the Bureau of Reclamation;
(iv) the National Park Service; or
(v) the United States Fish and Wildlife
Service;
(B) the Secretary of Agriculture, with respect to
Federal land administered by the Secretary of
Agriculture through the Forest Service; and
(C) the head or a representative of any other
Federal agency the duties of whom require planning
relating to, and the treatment of, invasive species on
Federal land.
(8) Species.--The term ``species'' means a group of
organisms, all of which--
(A) have a high degree of physical and genetic
similarity;
(B) generally interbreed only among themselves; and
(C) show persistent differences from members of
allied groups of organisms.
SEC. 4. FEDERAL EFFORTS TO CONTROL AND MANAGE INVASIVE SPECIES ON
FEDERAL LAND.
(a) Control and Management.--Each Secretary concerned shall plan
and carry out activities on land directly managed by the Secretary
concerned to control and manage invasive species--
(1) to inhibit or reduce the populations of invasive
species; and
(2) to effectuate restoration or reclamation efforts.
(b) Strategic Plan.--
(1) In general.--Each Secretary concerned shall develop a
strategic plan for the implementation of the invasive species
program to achieve, to the maximum extent practicable, a
substantive annual net reduction of invasive species
populations or infested acreage on land managed by the
Secretary concerned.
(2) Coordination.--Each strategic plan under paragraph (1)
shall be developed--
(A) in coordination with affected--
(i) eligible States;
(ii) political subdivisions of eligible
States; and
(iii) federally recognized Indian tribes;
and
(B) in accordance with the priorities established
by one or more Governors of the eligible States in
which an ecosystem affected by an invasive species is
located.
(3) Factors for consideration.--In developing a strategic
plan under this subsection, the Secretary concerned shall take
into consideration the economic and ecological costs of action
or inaction, as applicable.
SEC. 5. PROGRAM FUNDING ALLOCATIONS.
(a) Control and Management.--Of the amount appropriated or
otherwise made available to each Secretary concerned for a fiscal year
for programs that address or include invasive species management, the
Secretary concerned shall use not less than 75 percent for on-the-
ground control and management of invasive species, including through--
(1) the purchase of necessary products, equipment, or
services to conduct that control and management;
(2) the use of integrated pest management options,
including pesticides authorized for sale, distribution, or use
under the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. 136 et seq.);
(3) the use of biological control agents that are proven to
be effective to reduce invasive species populations;
(4) the use of revegetation or cultural restoration methods
designed to improve the diversity and richness of ecosystems;
or
(5) the use of other effective mechanical or manual control
methods.
(b) Investigations, Outreach, and Public Awareness.--Of the amount
appropriated or otherwise made available to each Secretary concerned
for a fiscal year for programs that address or include invasive species
management, the Secretary concerned may use not more than 15 percent
for investigations, development activities, and outreach and public
awareness efforts to address invasive species control and management
needs.
(c) Administrative Costs.--Of the amount appropriated or otherwise
made available to each Secretary concerned for a fiscal year for
programs that address or include invasive species management, not more
than 10 percent may be used for administrative costs incurred to carry
out those programs, including costs relating to oversight and
management of the programs, recordkeeping, and implementation of the
strategic plan developed under section 4(b).
(d) Reporting Requirements.--Not later than 60 days after the end
of the second fiscal year beginning after the date of enactment of this
Act, each Secretary concerned shall submit to Congress a report--
(1) describing the use by the Secretary concerned during
the 2 preceding fiscal years of funds for programs that address
or include invasive species management; and
(2) specifying the percentage of funds expended for each of
the purposes specified in subsections (a), (b), and (c).
SEC. 6. PRUDENT USE OF FUNDS.
(a) Cost-Effective Methods.--In selecting a method to be used to
control or manage an invasive species as part of a specific control or
management project, the Secretary concerned shall prioritize the use of
the least-costly option, based on sound scientific data and other
commonly used, cost-effective benchmarks, in an area to effectively
control and manage invasive species.
(b) Comparative Economic Assessment.--To achieve compliance with
subsection (a), the Secretary concerned shall require a comparative
economic assessment of invasive species control and management methods
to be conducted.
(c) Categorical Exclusions.--
(1) In general.--An invasive species control or management
project or activity described in paragraph (2) is categorically
excluded from the requirement to prepare an environmental
assessment or an environmental impact statement under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) during the period for which the Secretary concerned
determines that the project or activity is otherwise conducted
in accordance with applicable agency procedures, including any
land and resource management plan or land use plan applicable
to the area.
(2) Description of projects and activities.--A project or
activity referred to in paragraph (1) is a project or activity
that, as determined by the Secretary concerned--
(A) is, or will be, carried out on land or water
that is--
(i) directly managed by the Secretary
concerned; and
(ii) located in a prioritized, high-risk
area; and
(B) involves the treatment of any land or waterway
located within 1,000 feet of--
(i) any port of entry to the United States,
including--
(I) a water body or waterway;
(II) a railroad line;
(III) an airport; and
(IV) a roadside or highway;
(ii) a water project;
(iii) a utility or telephone infrastructure
or right-of-way;
(iv) a campground;
(v) a National Heritage Area;
(vi) a National Monument;
(vii) a park or other recreational site;
(viii) a school; or
(ix) any other similar, valuable
infrastructure.
(d) Relation to Other Authority.--
(1) Other invasive species control, prevention, and
management authorities.--Nothing in this Act precludes the
Secretary concerned from pursuing or supporting, pursuant to
any other provision of law, any activity regarding the control,
prevention, or management of an invasive species, including
investigations to improve the control, prevention, or
management of the invasive species.
(2) Public water supply systems.--Nothing in this Act
authorizes the Secretary concerned to suspend any water
delivery or diversion, or otherwise to prevent the operation of
a public water supply system, as a measure to control, manage,
or prevent the introduction or spread of an invasive species.
SEC. 7. USE OF PARTNERSHIPS.
(a) In General.--Subject to the requirements of this section, the
Secretary concerned may enter into any contract or cooperative
agreement with another Federal agency, an eligible State, a political
subdivision of an eligible State, or a private individual or entity to
assist with the control and management of an invasive species.
(b) Memorandum of Understanding.--
(1) In general.--As a condition of a contract or
cooperative agreement under subsection (a), the Secretary
concerned and the applicable Federal agency, eligible State,
political subdivision of an eligible State, or private
individual or entity shall enter into a memorandum of
understanding that describes--
(A) the nature of the partnership between the
parties to the memorandum of understanding; and
(B) the control and management activities to be
conducted under the contract or cooperative agreement.
(2) Contents.--A memorandum of understanding under this
subsection shall contain, at a minimum, the following:
(A) A prioritized listing of each invasive species
to be controlled or managed.
(B) An assessment of the total acres or area
infested by the invasive species.
(C) An estimate of the expected total acres or area
infested by the invasive species after control and
management of the invasive species is attempted.
(D) A description of each specific, integrated pest
management option to be used, including a comparative
economic assessment to determine the least-costly
method.
(E) Any map, boundary, or Global Positioning System
coordinates needed to clearly identify the area in
which each control or management activity is proposed
to be conducted.
(F) A written assurance that each partner will
comply with section 15 of the Federal Noxious Weed Act
of 1974 (7 U.S.C. 2814).
(3) Coordination.--If a partner to a contract or
cooperative agreement under subsection (a) is an eligible
State, political subdivision of an eligible State, or private
individual or entity, the memorandum of understanding under
this subsection shall include a description of--
(A) the means by which each applicable control or
management effort will be coordinated; and
(B) the expected outcomes of managing and
controlling the invasive species.
(4) Public outreach and awareness efforts.--If a contract
or cooperative agreement under subsection (a) involves any
outreach or public awareness effort, the memorandum of
understanding under this subsection shall include a list of
goals and objectives for each outreach or public awareness
effort that have been determined to be efficient to inform
national, regional, State, or local audiences regarding
invasive species control and management.
(c) Investigations.--The purpose of any invasive species-related
investigation carried out under a contract or cooperative agreement
under subsection (a) shall be--
(1) to develop solutions and specific recommendations for
control and management of invasive species; and
(2) specifically to provide faster implementation of
control and management methods.
SEC. 8. COORDINATION WITH AFFECTED LOCAL GOVERNMENTS.
Each project and activity carried out pursuant to this Act shall be
coordinated with affected local governments, in accordance with section
202(c)(9) of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712(c)(9)). | Federal Land Invasive Species Control, Prevention, and Management Act This bill directs each agency concerned (the Department of the Interior for federal land administered through the Bureau of Indian Affairs, Bureau of Land Management, Bureau of Reclamation, National Park Service, or U.S. Fish and Wildlife Service; the Department of Agriculture [USDA] for federal land administered through the U.S. Forest Service; and any other federal agency the duties of which require planning related to, and the treatment of, invasive species on federal land) to plan and carry out activities on land directly managed by the agency concerned to control and manage invasive species in order to inhibit or reduce their populations and to effectuate restoration or reclamation efforts. The agency concerned shall develop a strategic plan for the implementation of an invasive species program that endeavors to achieve a substantive annual net reduction of invasive species populations or infested acreage on land managed by that agency. Each strategic plan shall be developed: (1) in coordination with eligible states, their political subdivisions, and federally recognized Indian tribes; and (2) according to the priorities established by at least one governor of an eligible state in which an ecosystem affected by an invasive species is located. The agency concerned shall prioritize the use of the least costly option necessary to perform effectively, based on sound scientific data and other commonly used cost-effective benchmarks in an area. Projects and activities carried out under this bill must be coordinated with affected local governments according to certain criteria regarding the development and revision of land use plans under the Federal Land Policy and Management Act of 1976. | Federal Land Invasive Species Control, Prevention, and Management Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mark Twain Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Samuel Clemens--better known to the world as Mark Twain--
was a unique American voice whose literary work has had a lasting
effect on our Nation's history and culture.
(2) Mark Twain remains one of the best known Americans in the
world with over 6,500 editions of his books translated into 75
languages.
(3) Mark Twain's literary and educational legacy remains strong
even today, with nearly every book he wrote still in print,
including The Adventures of Tom Sawyer and Adventures of
Huckleberry Finn--both of which have never gone out of print since
they were first published over a century ago.
(4) In the past 2 decades alone, there have been more than 100
books published and over 250 doctoral dissertations written on Mark
Twain's life and work.
(5) Even today, Americans seek to know more about the life and
work of Mark Twain, as people from around the world and across all
50 States annually flock to National Historic Landmarks like the
Mark Twain House & Museum in Hartford, CT, and the Mark Twain
Boyhood Home & Museum in Hannibal, MO.
(6) Mark Twain's work is remembered today for addressing the
complex social issues facing America at the turn of the century,
including the legacy of the Civil War, race relations, and the
economic inequalities of the ``Gilded Age''.
(7) Today Mark Twain's work lives on through educational
institutions throughout the United States, such as the Mark Twain
Project at the Bancroft Library of the University of California,
Berkeley, California, and the Center for Mark Twain Studies at
Elmira College, in Elmira, New York.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $5 gold coins.--Not more than 100,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 350,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this Act
shall be emblematic of the life and legacy of Mark Twain.
(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 ``2016''; and
(C) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts and the Board of the Mark Twain House and
Museum; 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.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2016.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to 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--
(1) $35 per coin for the $5 coin; and
(2) $10 per coin for the $1 coin.
(b) Distribution.--Subject to section 5134(f)(1) of title 31,
United States Code, all surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary as follows:
(1) One-quarter of the surcharges, to the Mark Twain House &
Museum in Hartford, Connecticut, to support the continued
restoration of the Mark Twain house and grounds, and ensure
continuing growth and innovation in museum programming to research,
promote and educate on the legacy of Mark Twain.
(2) One-quarter of the surcharges, to the University of
California, Berkeley, California, for the benefit of the Mark Twain
Project at the Bancroft Library to support programs to study and
promote the legacy of Mark Twain.
(3) One-quarter of the surcharges, to Elmira College, New York,
to be used for research and education purposes.
(4) One-quarter of the surcharges, to the Mark Twain Boyhood
Home and Museum in Hannibal, Missouri, to preserve historical sites
related to Mark Twain and help support programs to study and
promote his legacy.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of each of the organizations referred to in paragraphs (1), (2),
(3), and (4) of subsection (b) as may be related to the expenditures of
amounts paid under such subsection.
(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. NO NET COST.
The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act will not result in
any net cost to the United States Government; and
(2) no funds, including applicable surcharges, are disbursed to
any recipient designated in section 7 until the total cost of
designing and issuing all of the coins authorized by this Act
(including labor, materials, dies, use of machinery, overhead
expenses, marketing, and shipping) is recovered by the United
States Treasury, consistent with sections 5112(m) and 5134(f) of
title 31, United States Code.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Mark Twain Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $5 gold coins and $1 silver coins emblematic of the life and legacy of Mark Twain.
Limits issuance of such coins to calendar year 2016.
Requires specified surcharges in the sale of such coins, which shall be promptly paid, in specified percentages, to: (1) the Mark Twain House & Museum in Hartford, Connecticut, to support the continued restoration of the house and grounds, and ensure continuing growth and innovation in museum programming to research, promote, and educate on the legacy of Mark Twain; (2) the University of California, Berkeley, for the benefit of the Mark Twain Project at the Bancroft Library to support programs to study and promote the legacy of Mark Twain; (3) Elmira College, New York, for research and education purposes; and (4) the Mark Twain Boyhood Home and Museum in Hannibal, Missouri, to preserve historical sites related to Mark Twain and help support study and promotion programs.
Directs the Secretary to take actions to ensure that: (1) minting and issuing such coins will not result in any net cost to the federal government, and (2) no funds, including applicable surcharges, are disbursed to any recipient designated in this Act until the total cost of designing and issuing all of the coins authorized by this Act is recovered by the Treasury. | To require the Secretary of the Treasury to mint coins in commemoration of Mark Twain. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ALS Registry Act''.
SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:
``SEC. 399R. AMYOTROPHIC LATERAL SCLEROSIS REGISTRY.
``(a) Establishment.--
``(1) In general.--Not later than 1 year after the receipt of
the report described in subsection (b)(2)(A), the Secretary, acting
through the Director of the Centers for Disease Control and
Prevention, may, if scientifically advisable--
``(A) develop a system to collect data on amyotrophic
lateral sclerosis (referred to in this section as `ALS') and
other motor neuron disorders that can be confused with ALS,
misdiagnosed as ALS, and in some cases progress to ALS,
including information with respect to the incidence and
prevalence of the disease in the United States; and
``(B) establish a national registry for the collection and
storage of such data to develop a population-based registry of
cases in the United States of ALS and other motor neuron
disorders that can be confused with ALS, misdiagnosed as ALS,
and in some cases progress to ALS.
``(2) Purpose.--It is the purpose of the registry established
under paragraph (1)(B) to--
``(A) better describe the incidence and prevalence of ALS
in the United States;
``(B) examine appropriate factors, such as environmental
and occupational, that may be associated with the disease;
``(C) better outline key demographic factors (such as age,
race or ethnicity, gender, and family history of individuals
who are diagnosed with the disease) associated with the
disease;
``(D) better examine the connection between ALS and other
motor neuron disorders that can be confused with ALS,
misdiagnosed as ALS, and in some cases progress to ALS; and
``(E) other matters as recommended by the Advisory
Committee established under subsection (b).
``(b) Advisory Committee.--
``(1) Establishment.--Not later than 180 days after the date of
the enactment of this section, the Secretary, acting through the
Director of the Centers for Disease Control and Prevention, may
establish a committee to be known as the Advisory Committee on the
National ALS Registry (referred to in this section as the `Advisory
Committee'). The Advisory Committee shall be composed of not more
than 27 members to be appointed by the Secretary, acting through
the Centers for Disease Control and Prevention, of which--
``(A) two-thirds of such members shall represent
governmental agencies--
``(i) including at least one member representing--
``(I) the National Institutes of Health, to
include, upon the recommendation of the Director of the
National Institutes of Health, representatives from the
National Institute of Neurological Disorders and Stroke
and the National Institute of Environmental Health
Sciences;
``(II) the Department of Veterans Affairs;
``(III) the Agency for Toxic Substances and Disease
Registry; and
``(IV) the Centers for Disease Control and
Prevention; and
``(ii) of which at least one such member shall be a
clinician with expertise on ALS and related diseases, an
epidemiologist with experience in data registries, a
statistician, an ethicist, and a privacy expert (relating
to the privacy regulations under the Health Insurance
Portability and Accountability Act of 1996); and
``(B) one-third of such members shall be public members,
including at least one member representing--
``(i) national and voluntary health associations;
``(ii) patients with ALS or their family members;
``(iii) clinicians with expertise on ALS and related
diseases;
``(iv) epidemiologists with experience in data
registries;
``(v) geneticists or experts in genetics who have
experience with the genetics of ALS or other neurological
diseases and
``(vi) other individuals with an interest in developing
and maintaining the National ALS Registry.
``(2) Duties.--The Advisory Committee may review information
and make recommendations to the Secretary concerning--
``(A) the development and maintenance of the National ALS
Registry;
``(B) the type of information to be collected and stored in
the Registry;
``(C) the manner in which such data is to be collected;
``(D) the use and availability of such data including
guidelines for such use; and
``(E) the collection of information about diseases and
disorders that primarily affect motor neurons that are
considered essential to furthering the study and cure of ALS.
``(3) Report.--Not later than 270 days after the date on which
the Advisory Committee is established, the Advisory Committee may
submit a report to the Secretary concerning the review conducted
under paragraph (2) that contains the recommendations of the
Advisory Committee with respect to the results of such review.
``(c) Grants.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention, may award grants to, and
enter into contracts and cooperative agreements with, public or private
nonprofit entities for the collection, analysis, and reporting of data
on ALS and other motor neuron disorders that can be confused with ALS,
misdiagnosed as ALS, and in some cases progress to ALS after receiving
the report under subsection (b)(3).
``(d) Coordination With State, Local, and Federal Registries.--
``(1) In general.--In establishing the National ALS Registry
under subsection (a), the Secretary, acting through the Director of
the Centers for Disease Control and Prevention, may--
``(A) identify, build upon, expand, and coordinate among
existing data and surveillance systems, surveys, registries,
and other Federal public health and environmental
infrastructure wherever possible, which may include--
``(i) any registry pilot projects previously supported
by the Centers for Disease Control and Prevention;
``(ii) the Department of Veterans Affairs ALS Registry;
``(iii) the DNA and Cell Line Repository of the
National Institute of Neurological Disorders and Stroke
Human Genetics Resource Center at the National Institutes
of Health;
``(iv) Agency for Toxic Substances and Disease Registry
studies, including studies conducted in Illinois, Missouri,
El Paso and San Antonio, Texas, and Massachusetts;
``(v) State-based ALS registries;
``(vi) the National Vital Statistics System; and
``(vii) any other existing or relevant databases that
collect or maintain information on those motor neuron
diseases recommended by the Advisory Committee established
in subsection (b); and
``(B) provide for research access to ALS data as
recommended by the Advisory Committee established in subsection
(b) to the extent permitted by applicable statutes and
regulations and in a manner that protects personal privacy
consistent with applicable privacy statutes and regulations.
``(C) Coordination with nih and department of veterans
affairs.--Consistent with applicable privacy statutes and
regulations, the Secretary may ensure that epidemiological and
other types of information obtained under subsection (a) is
made available to the National Institutes of Health and the
Department of Veterans Affairs.
``(e) Definition.--For the purposes of this section, the term
`national voluntary health association' means a national non-profit
organization with chapters or other affiliated organizations in States
throughout the United States with experience serving the population of
individuals with ALS and have demonstrated experience in ALS research,
care, and patient services.''.
SEC. 3. REPORT ON REGISTRIES.
Not later than 18 months after the date of enactment of this Act,
the Secretary of Health and Human Services may submit to the
appropriate committees of Congress a report outlining--
(1) the registries currently under way;
(2) future planned registries;
(3) the criteria involved in determining what registries to
conduct, defer, or suspend; and
(4) the scope of those registries.
The report may also include a description of the activities the
Secretary undertakes to establish partnerships with research and
patient advocacy communities to expand registries.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | ALS Registry Act - (Sec. 2) Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), if scientifically advisable, to: (1) develop a system to collect data on amyotrophic lateral sclerosis (ALS) and other motor neuron disorders that can be confused with ALS, misdiagnosed as ALS, or progress to ALS; and (2) establish a national registry for the collection and storage of such data to develop a population-based registry of cases.
Authorizes the Secretary, acting through the Director, to establish the Advisory Committee on the National ALS Registry, which may review information and make recommendations to the Secretary concerning: (1) the development and maintenance of the registry; (2) the type of information to be included; (3) the manner in which data is to be collected; (4) the use and availability of such data; and (5) the collection of information about diseases and disorders that primarily affect motor neurons that are considered essential to furthering the study and cure of ALS.
Allows the Secretary, acting through the Director, to award grants to, and enter into contracts and cooperative agreements with, public or private nonprofit entities for the collection, analysis, and reporting of data on ALS and other motor neuron disorders.
Authorizes the Secretary, acting through the Director, to: (1) identify, build upon, expand, and coordinate among existing data and surveillance systems, surveys, registries, and other federal public health and environmental infrastructure wherever possible; and (2) provide for research access to ALS data as recommended by the Advisory Committee in a manner that protects personal privacy.
Allows the Secretary to ensure that epidemiological and other types of information is made available to the National Institutes of Health (NIH) and the Department of Veterans Affairs (VA).
(Sec. 3) Authorizes the Secretary to report to the appropriate congressional committees on ALS registries, including: (1) the registries currently under way and future planned registries; (2) the criteria involved in determining what registries to conduct, defer, or suspend; (3) the scope of those registries; and (4) the activities the Secretary undertakes to establish partnerships with research and patient advocacy communities to expand registries. | A bill to amend the Public Health Service Act to provide for the establishment of an Amyotrophic Lateral Sclerosis Registry. |