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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Blackfoot
Clearwater Stewardship Act of 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--FOREST RESTORATION
Sec. 101. Landscape assessment.
Sec. 102. Environmental review of collaboratively developed restoration
projects.
TITLE II--RECREATION
Sec. 201. Otatsy Recreation Management Area.
Sec. 202. Spread Mountain Recreation Area.
Sec. 203. Trail-based recreation.
TITLE III--CONSERVATION
Sec. 301. Designation of wilderness areas.
Sec. 302. Administration of wilderness areas.
Sec. 303. Maps and legal descriptions.
SEC. 2. DEFINITIONS.
In this Act:
(1) District.--The term ``District'' means the Seeley Lake
Ranger District of the Lolo National Forest.
(2) Map.--The term ``Map'' means the map entitled ``Bob
Marshall, Mission Mountains, Spread Mountain, and Scapegoat
Wilderness Additions and Otatsy Recreation Management Area''
and dated February 22, 2017.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(4) State.--The term ``State'' means the State of Montana.
TITLE I--FOREST RESTORATION
SEC. 101. LANDSCAPE ASSESSMENT.
(a) Landscape Assessment.--Not later than 3 years after the date of
enactment of this Act, the Secretary, in collaboration with interested
parties, shall complete a landscape assessment of the District.
(b) Required Components.--The landscape assessment under subsection
(a) shall--
(1) assess the ecological condition of forests and
watersheds within the District; and
(2) identify restoration actions needed to facilitate
ecosystem sustainability, resilience, and health by assisting
in the recovery of forest ecosystems within the District.
(c) Use of Existing Assessments.--The Secretary may fulfill the
requirement under subsection (a) through the use of any landscape
assessment being carried out as of the date of enactment of this Act
that contains the components required under subsection (b).
(d) Restoration Schedule.--As soon as practicable after the
completion of the landscape assessment under subsection (a), the
Secretary, in collaboration with interested parties, shall develop for
the District a 10-year schedule of restoration projects.
SEC. 102. ENVIRONMENTAL REVIEW OF COLLABORATIVELY DEVELOPED RESTORATION
PROJECTS.
(a) Definition of Collaboratively Developed Restoration Project.--
In this section, the term ``collaboratively developed restoration
project'' means an activity or set of activities that fulfills the
eligibility requirements of the Collaborative Forest Landscape
Restoration Program under section 4003(b) of Public Law 111-11 (16
U.S.C. 7303(b)).
(b) Environmental Review.--A collaboratively developed restoration
project within the District may be carried out in accordance with the
provisions applicable to hazardous fuel reduction projects under
sections 104, 105, and 106 of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6514-6516).
(c) Objector Meeting.--In accordance with section 218.11 of title
36, Code of Federal Regulations (as in effect on the date of enactment
of this Act), the Secretary may request a meeting with an objector to
any collaboratively developed restoration project within the District.
TITLE II--RECREATION
SEC. 201. OTATSY RECREATION MANAGEMENT AREA.
(a) Establishment.--Subject to valid existing rights, certain
Federal land in the Lolo National Forest comprising approximately 2,013
acres, as generally depicted on the Map, is designated as the ``Otatsy
Recreation Management Area'' (referred to in this section as the
``recreation management area'').
(b) Management.--The Secretary shall manage the recreation
management area in accordance with--
(1) this section, to conserve, protect, and enhance the
scenic, fish and wildlife, recreational, backcountry heritage,
and other natural resource values of the recreation management
area; and
(2) any laws (including regulations) relating to the
National Forest System.
(c) Prohibitions.--Except as provided in subsections (d) and (e),
the following shall be prohibited on Federal land within the recreation
management area:
(1) Permanent roads.
(2) Timber harvest.
(3) Except as necessary to provide for snowmobile use, to
meet the minimum requirements for the administration of the
recreation management area, and to protect public health and
safety--
(A) the use of motorized and mechanized vehicles;
and
(B) the establishment of temporary roads.
(d) Use of Snowmobiles.--The use of snowmobiles shall be allowed
within the recreation management area--
(1) between December 1 and April 1;
(2) during periods of adequate snow cover, as determined by
the Secretary; and
(3) subject to such terms and conditions as the Secretary
determines to be necessary.
(e) Wildfire, Insect, and Disease Management.--In accordance with
this section, the Secretary may carry out any measures in the
recreation management area that the Secretary determines to be
necessary to control fire, insects, and diseases, including, as the
Secretary determines to be appropriate, the coordination of those
activities with a State or local agency.
(f) Withdrawal.--Subject to valid existing rights, the recreation
management area (including any Federal land acquired after the date of
enactment of this Act for inclusion in the recreation management area)
is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
SEC. 202. SPREAD MOUNTAIN RECREATION AREA.
(a) Establishment.--Subject to valid existing rights, certain
Federal land in the Lolo National Forest, comprising approximately
3,835 acres, as generally depicted on the Map, is designated as the
``Spread Mountain Recreation Area'' (referred to in this section as the
``recreation area'').
(b) Management.--The Secretary shall manage the recreation area in
accordance with--
(1) this section, to conserve, protect, and enhance the
scenic, fish and wildlife, recreational, backcountry heritage,
and other natural resource values of the recreation area; and
(2) any laws (including regulations) relating to the
National Forest System.
(c) Prohibitions.--Except as provided in subsection (e), the
following shall be prohibited on the Federal land within the recreation
area:
(1) Permanent roads.
(2) Timber harvest.
(3) Except as necessary to meet the minimum requirements
for the administration of the recreation area and to protect
public health and safety--
(A) the use of motorized vehicles; and
(B) the establishment of temporary roads.
(d) Mechanized Vehicles, Pedestrians, and Horse Travel.--Nothing in
this section prohibits--
(1) the use of mechanized vehicles, access by pedestrians,
or horse travel within the recreation area; or
(2) the construction of trails for use by mechanized
vehicles, pedestrians, and horse travel within the recreation
area.
(e) Wildfire, Insect, and Disease Management.--In accordance with
this section, the Secretary may take any measures in the recreation
area that the Secretary determines to be necessary to control fire,
insects, and diseases, including, as the Secretary determines to be
appropriate, the coordination of those activities with a State or local
agency.
(f) Withdrawal.--Subject to valid existing rights, the recreation
area (including any Federal land acquired after the date of enactment
of this Act for inclusion in the recreation area) is withdrawn from all
forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
SEC. 203. TRAIL-BASED RECREATION.
(a) Definition of Collaboratively Developed.--In this section, the
term ``collaboratively developed'' means a proposal that is developed
and implemented through a collaborative process that--
(1) includes multiple interested persons representing
diverse interests; and
(2) is transparent and nonexclusive.
(b) Expanded Trail Recreation Opportunities.--
(1) In general.--If a local collaborative group submits to
the Secretary, by not later than 5 years after the date of
enactment of this Act, a collaboratively developed proposal to
improve motorized and nonmotorized recreational trail
opportunities within the District, the Secretary--
(A) shall analyze the proposal in accordance with
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(B) subject to appropriations, and in accordance
with subsection (d), may provide for the construction
of any of the routes included in the proposal.
(2) Priority.--In completing the analysis required by
paragraph (1)(A), in accordance with subsection (d), the
Secretary shall give priority to expanding motorized and
nonmotorized recreational trail opportunities within the
District that are in the public interest.
(3) Deadline.--The Secretary shall complete the analysis
required by paragraph (1)(A) by not later than 3 years after
the date on which the Secretary receives the applicable
collaboratively developed proposal.
(c) Use of Volunteer Services and Contributions.--The Secretary may
accept volunteer services and contributions from non-Federal sources to
construct and maintain recreational trails under this section.
(d) Compliance.--In carrying out this section, the Secretary shall
comply with--
(1) each provision of law (including regulations) that is
generally applicable to the National Forest System; and
(2) this Act.
(e) Effect of Section.--Nothing in this section affects the
ownership or management of, or any other right relating to, any non-
Federal land (including any interest in non-Federal land).
TITLE III--CONSERVATION
SEC. 301. DESIGNATION OF WILDERNESS AREAS.
In furtherance of the purposes of the Wilderness Act (16 U.S.C.
1131 et seq.), and subject to valid existing rights, the following
areas in the State are designated as wilderness areas and as components
of the National Wilderness Preservation System:
(1) Bob marshall wilderness additions.--Certain land in the
Lolo National Forest, comprising approximately 39,422 acres
generally depicted as the ``North Fork Blackfoot-Monture Creek
Addition (Bob Marshall Addition)'' and approximately 7,784
acres generally depicted as the ``Grizzly Basin of the Swan
Range Addition'' on the Map, is incorporated in, and shall be
considered to be a part of, the Bob Marshall Wilderness.
(2) Mission mountains wilderness addition.--Certain land in
the Lolo National Forest, comprising approximately 4,462 acres
generally depicted as the ``West Fork Clearwater Addition'' on
the Map, is incorporated in, and shall be considered to be a
part of, the Mission Mountains Wilderness designated by Public
Law 93-632 (88 Stat. 2153).
(3) Scapegoat wilderness additions.--Certain land in the
Lolo National Forest, comprising approximately 27,392 acres
generally depicted as the ``North Fork Blackfoot-Monture Creek
Addition (Scapegoat Addition)'' on the Map, is incorporated in,
and shall be considered to be a part of, the Scapegoat
Wilderness designated by Public Law 92-395 (86 Stat. 578).
SEC. 302. ADMINISTRATION OF WILDERNESS AREAS.
(a) Management.--Subject to valid existing rights, each wilderness
addition designated by section 301 shall be administered by the
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), except that any reference in that Act to the effective date of
the Act shall be considered to be a reference to the date of enactment
of this Act.
(b) Incorporation of Acquired Land and Interests.--Any land within
the boundary of a wilderness area designated by section 301 that is
acquired by the United States shall--
(1) become part of the wilderness area in which the land is
located;
(2) be withdrawn in accordance with subsection (c); and
(3) be managed in accordance with this section, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(c) Withdrawal.--Subject to valid existing rights, the Federal land
designated as wilderness by section 301 is withdrawn from all forms
of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(d) Wildfire, Insect, and Disease Management.--In accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the
Secretary may carry out any measures in the wilderness additions
designated by section 301 that the Secretary determines to be necessary
to control fire, insects, and diseases, including, as the Secretary
determines to be appropriate, the coordination of those activities with
a State or local agency.
(e) Access to Private Land.--In accordance with section 5(a) of the
Wilderness Act (16 U.S.C. 1134(a)), the Secretary shall provide to any
owner of private land within the boundary of a wilderness addition
designated by section 301 access to the private land.
(f) Fish and Wildlife.--Nothing in this title affects the
jurisdiction or responsibilities of the State with respect to fish and
wildlife, including the regulation of hunting, fishing, and trapping.
(g) Snow Sensors and Stream Gauges.--Nothing in this title prevents
the installation or maintenance of hydrological, meteorological, or
climatological instrumentation in a wilderness addition designated by
section 301, if the Secretary determines that the installation or
maintenance of the instrumentation is necessary to advance the
scientific, educational, or conservation purposes of the wilderness
area.
(h) Livestock.--The grazing of livestock in the wilderness
additions established by section 301, if established before the date of
enactment of this Act, shall be allowed to continue, subject to such
reasonable regulations, policies, and practices as the Secretary
determines to be necessary, in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines described in House Report 96-617 to
accompany H.R. 5487 of the 96th Congress.
(i) Outfitting and Guide Activities.--
(1) In general.--In accordance with section 4(d)(5) of the
Wilderness Act (16 U.S.C. 1133(d)(5)), commercial services
(including authorized outfitting and guide activities) within
the wilderness additions designated by section 301 may be
authorized to the extent necessary for activities that fulfill
the recreational or other wilderness purposes of the wilderness
areas, in accordance with section 1503(b)(6) of Public Law 111-
11 (123 Stat. 1035).
(2) Effect.--Nothing in this title requires the Secretary
to modify any permit in effect as of the date of enactment of
this Act to provide outfitting and guide services within the
wilderness additions designated by section 301 on a
determination by the Secretary that the activities are in
compliance with section 4(d)(5) of the Wilderness Act (16
U.S.C. 1133(d)(5)).
(j) Adjacent Management.--
(1) In general.--The designation of a wilderness addition
by section 301 shall not create any protective perimeter or
buffer zone around the wilderness area.
(2) Nonwilderness activities.--The fact that a
nonwilderness activity or use can be seen or heard from an area
within a wilderness addition designated by section 301 shall
not preclude the conduct of the activity or use outside the
boundary of the wilderness area.
SEC. 303. MAPS AND LEGAL DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall file a map and a legal description
of--
(1) the Otatsy Recreation Management Area established by
section 201(a);
(2) the Spread Mountain Recreation Area established by
section 202(a); and
(3) each wilderness addition designated by section 301.
(b) Submission.--The Secretary shall submit the maps and legal
descriptions prepared under subsection (a) to--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Natural Resources of the House of
Representatives.
(c) Force of Law.--The maps and legal descriptions filed under
subsection (b) shall have the same force and effect as if included in
this title, except that the Secretary may correct any typographical
errors in the maps or legal descriptions.
(d) Public Availability.--Each map and legal description filed
under subsection (b) shall be on file and available for public
inspection in the appropriate offices of the Forest Service and the
Bureau of Land Management. | Blackfoot Clearwater Stewardship Act of 2017 This bill directs the Department of Agriculture (USDA) to complete a landscape assessment of the Seeley Lake Ranger District of the Lolo National Forest in Montana to: (1) assess the ecological condition of its forests and watersheds; and (2) identify actions needed to facilitate ecosystem sustainability, resilience, and health by assisting in the recovery of its forest ecosystems. A collaboratively developed restoration project within the district may be carried out according to certain provisions applicable to authorized hazardous fuel reduction projects under the Healthy Forests Restoration Act of 2003. The bill designates specified federal land in the forest as: (1) the Otatsy Recreation Management Area, and (2) the Spread Mountain Recreation Area. USDA shall, if, a local collaborative group submits a proposal to improve motorized and nonmotorized recreational trail opportunities within the district, analyze the proposal in accordance with the National Environmental Policy Act of 1969. It may also provide for the construction of any of the routes included in such proposal. The bill designates specified wilderness additions in the forest as wilderness areas and components of the National Wilderness Preservation System. | Blackfoot Clearwater Stewardship Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FEHBP-Medical Savings Account
Promotion Act of 1995''.
SEC. 2. PERMITTING CONTRIBUTION TOWARDS MEDICAL SAVINGS ACCOUNT THROUGH
FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM (FEHBP).
(a) Government Contribution to Medical Savings Account.--
(1) In general.--Section 8906 of title 5, United States
Code, is amended by adding at the end the following new
subsection:
``(j)(1) In the case of an employee or annuitant who is enrolled in
a catastrophic plan described by section 8903(5), there shall be a
Government contribution under this subsection to a medical savings
account established or maintained for the benefit of the individual.
The contribution under this subsection shall be in addition to the
Government contribution under subsection (b).
``(2) The amount of the Government contribution under this
subsection with respect to an individual is equal to the amount by
which--
``(A) the maximum contribution allowed under subsection
(b)(1) with respect to any employee or annuitant, exceeds
``(B) the amount of the Government contribution actually
made with respect to the individual under subsection (b) for
coverage under the catastrophic plan.
``(3) The Government contributions under this subsection shall be
paid into a medical savings account (designated by the individual
involved) in a manner that is specified by the Office and consistent
with the timing of contributions under subsection (b).
``(4) Subsections (f) and (g) shall apply to contributions under
this section in the same manner as they apply to contributions under
subsection (b).
``(5) For the purpose of this subsection, the term `medical savings
account' has the meaning given such term by section 220(d) of the
Internal Revenue Code of 1986 (as inserted by section 2(a) of the
Family Medical Savings and Investment Act of 1995 (H.R. 1818)).''.
(2) Allowing payment of full amount of charge for
catastrophic plan.--Section 8906(b)(2) of such title is amended
by inserting ``(or 100 percent of the subscription charge in
the case of a catastrophic plan)'' after ``75 percent of the
subscription charge''.
(b) Offering of Catastrophic Plans.--
(1) In general.--Section 8903 of such title is amended by
adding at the end the following new paragraph:
``(5) Catastrophic plans.--One or more plans described in
paragraph (1), (2), or (3), but
which provide benefits of the types referred to by paragraph
(5) of section 8904(a), instead of the types referred to in paragraphs
(1), (2), and (3) of such section.''.
(2) Types of benefits.--Section 8904(a) of such title is
amended by inserting after paragraph (4) the following new
paragraph:
``(5) Catastrophic plans.--Benefits of the types named
under paragraph (1) or (2) of this subsection or both, to the
extent expenses covered by the plan exceed $3,000.''.
(3) Disregarding catastrophic plans in determining level of
government contributions.--Section 8906(a)(3) of such title is
amended by inserting ``described by section 8903(3)'' after
``plans''.
(c) Effective Date.--The amendments made by this section shall
apply to contract terms beginning on or after January 1, 1997.
(d) Medical Savings Account.--For purposes of this section:
(1) Medical savings account.--The term ``medical savings
account'' means a trust created or organized in the United
States exclusively for the purpose of paying the qualified
medical expenses of the account holder, but only if the written
governing instrument creating the trust meets the following
requirements:
(A) Except in the case of a rollover contribution
described in subsection (f)(3), no contribution will be
accepted unless it is in cash.
(B) The trustee is a bank (as defined in section
408(n)), an insurance (as defined in section 816), or
another person who demonstrates to the satisfaction of
the Secretary that the manner in which such person will
administer the trust will be consistent with the
requirements of this section.
(C) No part of the trust assets will be invested in
life insurance contracts.
(D) The assets of the trust will not be commingled
with other property except in a common trust fund or
common investment fund.
(E) The interest of an individual in the balance in
his account is nonforfeitable.
(2) Qualified medical expenses.--
(A) In general.--The term ``qualified medical
expenses'' means, with respect to an account holder,
amounts paid by such holder--
(i) for medical care (as defined in section
213(d)) for such individual, the spouse of such
individual, and any dependent (as defined in
section 152) of such individual, but only to
the extent such amounts are not compensated for
by insurance or otherwise, or
(ii) for long-term care insurance for such
individual, spouse, or dependent.
(B) Health plan coverage may not be purchased from
account.--
(i) In general.--Such term shall not
include any amount paid for coverage under a
health plan unless such plan is a catastrophic
health plan.
(ii) Exception.--Clause (i) shall not apply
to any amount paid for long-term care
insurance.
(3) Account holder.--The term ``account holder'' means the
individual on whose behalf the medical savings account was
established.
(4) Certain rules to apply.--Rules similar to the following
rules shall apply for purposes of this section:
(A) Section 219(d)(2) (relating to no deduction for
rollovers).
(B) Section 219(f)(3) (relating to time when
contributions deemed made).
(C) Except as provided in section 106(b), section
219(f)(5) (relating to employer payments).
(D) Section 408(h) (relating to custodial
accounts). | FEHBP-Medical Savings Account Promotion Act of 1995 - Amends Federal civil service law to permit Federal employees and annuitants enrolled in a catastrophic plan to elect to receive Government contributions into medical savings accounts provided for by this Act under the Federal Employees Health Benefits Program (FEHBP) to cover qualified medical expenses: (1) to the extent such amounts are not compensated for by insurance or otherwise; or (2) for long-term care insurance for the individual, spouse, or dependent. Prohibits the use of account funds to pay for coverage under any kind of health plan except a catastrophic or long-term care insurance plan. | FEHBP-Medical Savings Account Promotion Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Preventive Health Care Act
of 1996''.
SEC. 2. REQUIRING COVERAGE OF SCREENING MAMMOGRAPHY AND PAP SMEARS
UNDER HEALTH PLANS.
(a) In General.--Every policy or contract that provides health
insurance coverage (as defined in subsection (h)(1)) and every group
health plan (as defined in subsection (h)(2)) shall include (consistent
with this section)--
(1) coverage for screening pap smears, and
(2) coverage for low-dose screening mammography.
(b) Definitions Relating to Coverage.--In this section:
(1) Low-dose screening mammography.--The term ``low-dose
screening mammography'' means a radiologic procedure for the
early detection of breast cancer provided to an asymptomatic
women using equipment dedicated specifically for mammography
and at a facility which meets mammography accreditation
standards established by the Secretary for coverage of
screening mammography under the medicare program under title
XVIII of the Social Security Act. Such term also includes a
physician's interpretation of the results of the procedure.
(2) Screening pap smear.--The term ``screening pap smear''
means a diagnostic laboratory test consisting of a routine
exfoliative cytology test (Papanicolaou test) provided to a
woman for the purpose of early detection of cervical cancer and
includes the examination, the laboratory test itself, and a
physician's interpretation of the results of the test. If the
Secretary establishes qualify standards for facilities
furnishing screening pap smears, such term shall only include a
test if the test is performed in a facility that has been
determined to meet such standards.
(c) Restrictions on Cost-Sharing.--The coverage under this section
shall not provide for the application of deductibles, coinsurance, or
other limitations for low-dose screening mammography or screening pap
smears that are greater than the deductibles, coinsurance, and
limitations that are applied to similar services under the health
insurance coverage or group health plan.
(d) Frequency of Coverage of Screening Mammography.--
(1) In general.--Coverage of low-dose screening mammography
is consistent with this section only if it is provided
consistent with the following periodicity schedule:
(A) Coverage is made available for one baseline
low-dose screening mammography for any woman between 35
and 40 years of age.
(B) Coverage is made available for such mammography
on an annual basis to any woman who is 50 years or age
or older or who is determined by a physician to be at-
risk of breast cancer (as defined in paragraph (2)).
(C) Coverage is made available for such mammography
for a woman at least once every other year.
(2) At-risk of breast cancer.--For purposes of paragraph
(1)(B), a woman is considered to be ``at-risk of breast
cancer'' if any of the following is true:
(A) The woman has a personal history of breast
cancer.
(B) The woman has a personal history of biopsy-
proven benign breast disease.
(C) The woman's mother, sister, or daughter has or
has had breast cancer.
(D) The woman has not given birth prior to the age
of 30.
(e) Frequency of Coverage of Screening Pap Smears.--Coverage of
screening pap smears is consistent with this section only if it is
provided not more often than once every year (or more frequently if
recommended by a physician).
(f) Enforcement.--
(1) Regulated insurers.--It is the responsibility of State
regulators what regulate insurers that offer health insurance
coverage in a State to apply the requirements of this section
to such insurers and coverage. If the Secretary determines that
such regulators do not have the intent or means of enforcing
such requirements with respect to such insurers in a State, the
Secretary may provide such remedies (which may include civil
money penalties) as may be necessary to assure compliance with
the requirements of this section in such State.
(2) Group health plans.--The requirements of this section
are deemed, in relation to group health plans offered as
employee welfare benefit plans under title I of Employee
Retirement Income Security Act of 1974, to be provisions of
such title, for purposes of applying the enforcement related
provisions of such title.
(3) Other plans.--In the case of health coverage not
described in paragraph (1) or (2), the Secretary shall develop
such non-criminal enforcement mechanisms as may be necessary
and appropriate to carry out this section in relation to
entities offering such coverage.
(g) Relation to State Law.--The provisions of this section do not
preempt State law to the extent such State law provides greater
protection to women in relation to the benefits provided under this
section.
(h) Definitions.--In this section:
(1) Health insurance coverage.--
(A) In general.--Except as provided in subparagraph
(B), the term ``health insurance coverage'' means
benefits consisting of medical care (provided directly,
through insurance or reimbursement, or otherwise) under
any hospital or medical service policy or certificate,
hospital or medical service plan contract, or health
maintenance organization group contract offered by an
insurer or a health maintenance organization.
(B) Exception.--Such term does not include coverage
under any separate policy, certificate, or contract
only for one or more of any of the following:
(i) Coverage for accident, credit-only,
vision, disability income, long-term care,
nursing home care, community-based care dental,
on-site medical clinics, or employee assistance
programs, or any combination thereof.
(ii) Medicare supplemental health insurance
(within the meaning of section 1882(g)(1) of
the Social Security Act (42 U.S.C.
1395ss(g)(1))) and similar supplemental
coverage provided under a group health plan.
(iii) Coverage issued as a supplement to
liability insurance.
(iv) Liability insurance, including general
liability insurance and automobile liability
insurance.
(v) Workers' compensation or similar
insurance.
(vi) Automobile medical-payment insurance.
(vii) Coverage for a specified disease or
illness.
(viii) Hospital or fixed indemnity
insurance.
(ix) Short-term limited duration insurance.
(x) Such other coverage, comparable to that
described in previous clauses, as may be
specified in regulations prescribed by the
Secretary.
(2) Group health plan.--
(A) In general.--Subject to subparagraph (B), the
term ``group health plan'' means an employee welfare
benefit plan (as defined in section 3 of the Employee
Retirement Income Security Act of 1974) to the extent
that the plan provides medical care (as defined in
paragraph (5)) to employees or their dependents (as
defined under the terms of the plan) directly or
through insurance, reimbursement, or otherwise, and
includes a group health plan (within the meaning of
section 5000(b)(1) of the Internal Revenue Code of
1986).
(B) Exclusion of plans with limited coverage.--An
employee welfare benefit plan shall be treated as a
group health plan under this section only with respect
to medical care which is provided under the plan and
which does not consist of coverage excluded from the
definition of health insurance coverage under paragraph
(1)(B).
(3) Health maintenance organization.--The term ``health
maintenance organization'' means--
(A) a Federally qualified health maintenance
organization (as defined in section 1301(a) of the
Public Health Service Act (42 U.S.C. 300e(a))),
(B) an organization recognized under State law as a
health maintenance organization, or
(C) a similar organization regulated under State
law for solvency in the same manner and to the same
extent as such a health maintenance organization,
if it is subject to State law which regulates insurance (within
the meaning of section 514(b)(2) of the Employee Retirement
Income Security Act of 1974).
(4) Insurer.--The term ``insurer'' means an insurance
company, insurance service, or insurance organization which is
licensed to engage in the business of insurance in a State and
which is subject to State law which regulates insurance (within
the meaning of section 514(b)(2)(A) of the Employee Retirement
Income Security Act of 1974).
(5) Medical care.--The term ``medical care'' means--
(A) amounts paid for, or items or services in the
form of, the diagnosis, cure, mitigation, treatment, or
prevention of disease, or amounts paid for, or items or
services provided for, the purpose of affecting any
structure or function of the body,
(B) amounts paid for, or services in the form of,
transportation primarily for and essential to medical
care referred to in subparagraph (A), and
(C) amounts paid for insurance covering medical
care referred to in subparagraphs (A) and (B).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(7) State.--The term ``State'' includes the District of
Columbia, Puerto Rico, the Virgin Islands, the Northern Mariana
Islands, Guam, and American Samoa.
(i) Effective Date.--This section shall apply to health insurance
coverage that is issued, renewed, or amended on or after January 1,
1997, and to group health plans for plan years beginning on or after
such date. | Women's Preventive Health Care Act of 1996 - Requires every policy or contract for health insurance coverage and every group health plan to include coverage for screening pap smears and low-dose screening mammographies. Regulates cost sharing and frequency of coverage and provides for enforcement. Declares that this Act does not preempt State law to the extent State law provides greater protection to women. | Women's Preventive Health Care Act of 1996 |
SECTION 1. SHORT TITLE, ETC.
(a) Short Title.--This Act may be cited as the ``HSA Improvement
and Expansion Act of 2007''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
(c) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title, etc.
Sec. 2. Health reimbursement arrangements and spending arrangements in
combination with health savings accounts.
Sec. 3. Increase in annual HSA contribution limitation.
Sec. 4. Purchase of health insurance from HSA account.
Sec. 5. Special rule for certain medical expenses incurred before
establishment of account.
Sec. 6. Provisions relating to Medicare.
Sec. 7. Individuals eligible for veterans benefits for a service-
connected disability.
Sec. 8. Allow both spouses to make catch-up contributions to the same
HSA account.
Sec. 9. FSA and HRA Termination to fund HSAs.
SEC. 2. HEALTH REIMBURSEMENT ARRANGEMENTS AND SPENDING ARRANGEMENTS IN
COMBINATION WITH HEALTH SAVINGS ACCOUNTS.
(a) In General.--Subparagraph (B) of section 223(c)(1) (relating to
certain coverage disregarded) 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 inserting after clause (iii) the following
new clause:
``(iv) coverage under a flexible spending
arrangement or a health reimbursement
arrangement, or both, which meets the
requirements of paragraph (6).''.
(b) Combination Health Reimbursement, Savings, and Spending
Arrangements.--Subsection (c) of section 223 (relating to definitions
and special rules) is amended by adding at the end the following new
paragraph:
``(6) Combined limit for contributions or credits to health
reimbursement, arrangements and spending arrangements.--
``(A) In general.--In the case of coverage under a
flexible spending arrangement or a health reimbursement
arrangement, or both, such coverage meets the
requirements of this paragraph if, with respect to an
individual--
``(i) the sum of--
``(I) the amount allowable as a
deduction under subsection (a),
``(II) the salary reduction amount
elected by the individual and, if
applicable, the employer contribution
or credit allocated to the individual
for the taxable year under the flexible
spending arrangement (as defined in
section 106(c)(2)), plus
``(III) the amounts that the
individual is permitted, under the
terms of the plan, to receive in
reimbursements for the taxable year
under the health reimbursement
arrangement, does not exceed
``(ii) the sum of the annual deductible and
the other annual out-of-pocket expenses (other
than for premiums) required to be paid under
the plan by the eligible individual for covered
benefits.
``(B) Exceptions for disregarded coverage.--For
purposes of subparagraph (A)--
``(i) Certain flexible spending
arrangements.--Any flexible spending
arrangement salary reduction amounts or
employer contributions or credits that are
restricted by the employer to use for coverage
described in paragraph (1)(B) shall not be
taken into account under subparagraph
(A)(i)(II).
``(ii) Certain health reimbursement
arrangements.--Any reimbursements from a health
reimbursement arrangement for coverage
described in paragraph (1)(B) shall not be
taken into account under subparagraph
(A)(i)(III).
``(iii) Qualified hsa distributions from
fsa and hra terminations.--Any qualified HSA
distribution (as defined in section 106(e))
shall not be taken into account under
subparagraph (A)(i).
``(C) Termination.--Coverage shall not be treated
as meeting the requirements of this paragraph for any
taxable year beginning after December 31, 2012.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 3. INCREASE IN ANNUAL HSA CONTRIBUTION LIMITATION.
(a) In General.--Paragraph (2) of section 223(b) (relating to
monthly limitation) is amended--
(1) in subparagraph (A) by striking ``$2,250'' and
inserting ``$4,500'', and
(2) in subparagraph (B) by striking ``$4,500'' and
inserting ``$9,000''.
(b) Cost-of-Living Adjustment.--Section 223(g)(1)(B)(i) is amended
by striking ``calendar year 1997'' and inserting ``calendar year
2007''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 4. PURCHASE OF HEALTH INSURANCE FROM HSA ACCOUNT.
(a) In General.--Paragraph (2) of section 223(d) (defining
qualified medical expenses) is amended--
(1) by striking subparagraphs (B) and (C),
(2) in subparagraph (A) by striking ``(a) in general.--''
and moving the text 2 ems to the left, and
(3) by inserting `` and including payment for insurance)''
after ``section 213(d)''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to insurance purchased after the date of the
enactment of this Act in taxable years beginning after such date.
SEC. 5. SPECIAL RULE FOR CERTAIN MEDICAL EXPENSES INCURRED BEFORE
ESTABLISHMENT OF ACCOUNT.
(a) In General.--Subsection (d) of section 223, as amended by
section 4, is amended by redesignating paragraph (4) as paragraph (5)
and by inserting after paragraph (3) the following new paragraph:
``(4) Certain medical expenses incurred before
establishment of account treated as qualified.--
``(A) In general.--For purposes of paragraph (2),
an expense shall not fail to be treated as a qualified
medical expense solely because such expense was
incurred before the establishment of the health savings
account if such expense was incurred during the 60-day
period beginning on the date on which the high
deductible health plan is first effective.
``(B) Special rules.--For purposes of subparagraph
(A)--
``(i) an individual shall be treated as an
eligible individual for any portion of a month
for which the individual is described in
subsection (c)(1), determined without regard to
whether the individual is covered under a high
deductible health plan on the 1st day of such
month, and
``(ii) the effective date of the health
savings account is deemed to be the date on
which the high deductible health plan is first
effective after the date of the enactment of
this paragraph.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to insurance purchased after the date of the enactment of
this Act in taxable years beginning after such date.
SEC. 6. PROVISIONS RELATING TO MEDICARE.
(a) Individuals Over Age 65 Only Enrolled in Medicare Part A.--
Section 223(b)(7) (relating to contribution limitation on Medicare
eligible individuals) is amended by adding at the end the following new
sentence: ``This paragraph shall not apply to any individual during any
period the individual's only entitlement to such benefits is an
entitlement to hospital insurance benefits under part A of title XVIII
of such Act pursuant to an enrollment for such hospital insurance
benefits under section 226(a)(1) of such Act.''.
(b) Medicare Beneficiaries Participating in Medicare Advantage MSA
May Contribute Their Own Money to Their MSA.--Subsection (b) of section
138 is amended by striking paragraph (2) and redesignating paragraphs
(3) and (4) as paragraphs (2) and (3), respectively.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 7. INDIVIDUALS ELIGIBLE FOR VETERANS BENEFITS FOR A SERVICE-
CONNECTED DISABILITY.
(a) In General.--Section 223(c)(1) (defining eligible individual)
is amended by adding at the end the following new subparagraph:
``(D) Special rule for individuals eligible for
certain veterans benefits.--For purposes of
subparagraph (A)(ii), an individual shall not be
treated as covered under a health plan described in
such subparagraph merely because the individual
receives periodic hospital care or medical services for
a service-connected disability under any law
administered by the Secretary of Veterans Affairs but
only if the individual is not eligible to receive such
care or services for any condition other than a
service-connected disability.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 8. ALLOW BOTH SPOUSES TO MAKE CATCH-UP CONTRIBUTIONS TO THE SAME
HSA ACCOUNT.
(a) In General.--Paragraph (3) of section 223(b) is amended by
adding at the end the following new subparagraph:
``(C) Special rule where both spouses are eligible
individuals with 1 account.--If--
``(i) an individual and the individual's
spouse have both attained age 55 before the
close of the taxable year, and
``(ii) the spouse is not an account
beneficiary of a health savings account as of
the close of such year,
the additional contribution amount shall be 200 percent
of the amount otherwise determined under subparagraph
(B).''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 9. FSA AND HRA TERMINATION TO FUND HSAS.
(a) Grace Period Not Required.--Section 106(e)(2) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
sentence: ``A distribution shall not fail to be treated as a qualified
HSA distribution merely because the balance in such arrangement is
determined without regard to the requirement that unused amounts
remaining at the end of a plan year must be forfeited in the absence of
a grace period.''.
(b) Deposit in Limited FSA or HRA of Funds in Excess FSA or HRA
Termination Distribution.--Paragraph (1) of section 106(e) of such Code
is amended by inserting before the period at the end thereof the
following: ``and the deposit of funds in excess of a qualified HSA
distribution amount into a health flexible spending account or health
reimbursement arrangement which is compatible with a health savings
account and which, on the date of such distribution, is a part of the
employer's plan''.
(c) Disclaimer of Disqualifying Coverage.--Subparagraph (B) of
section 223(c)(1) of such Code is amended by striking ``and'' at the
end of clause (ii), by striking the period at the end of clause (iii)
and inserting ``, and'', and by inserting after clause (iii) the
following new clause:
``(iv) any coverage (whether actual or
prospective) otherwise described in
subparagraph (A)(ii) which is disclaimed at the
time of the creation or organization of the
health savings account.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | HSA Improvement and Expansion Act of 2007 - Amends Internal Revenue Code provisions relating to health savings accounts (HSAs) to: (1) allow HSAs to incorporate flexible spending and health reimbursement arrangements; (2) increase the annual HSA contribution limitation; (3) permit the use of HSAs to purchase health insurance; (4) allow the payment of certain medical expenses incurred before the establishment of an HSA; (5) allow veterans eligible for service-connected disability benefits to establish an HSA; and (6) allow spouses to make increased catch-up contributions to a single HSA. | To amend the Internal Revenue Code of 1986 to improve access to health care through expanded health savings accounts. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Multiple Punitive Damages Fairness
Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Purpose.
Sec. 5. Definitions.
Sec. 6. General rule.
Sec. 7. Applicability; preemption; jurisdiction of Federal courts.
Sec. 8. Effective date.
SEC. 3. FINDINGS.
The Congress finds the following:
(1) Multiple or repetitive imposition of punitive damages
for harms arising out of a single act or course of conduct may
deprive a defendant of all of the assets or insurance coverage
of the defendant, and may endanger the ability of claimants to
receive compensation for basic out-of-pocket expenses and
damages for pain and suffering.
(2) The detrimental impact of multiple punitive damages
exists even in cases that are settled, rather than tried,
because the threat of punitive damages being awarded results in
a settlement that provides for a higher award amount than would
ordinarily be obtained. To the extent that this premium exceeds
what would otherwise be a fair and reasonable settlement for
compensatory damages, assets that could be available for
satisfaction of future compensatory claims are dissipated.
(3) Fundamental unfairness results when anyone is punished
repeatedly for what is essentially the same conduct.
(4) Federal and State appellate and trial judges, and well-
respected commentators, have expressed concern that multiple
imposition of punitive damages may violate constitutionally
protected rights.
(5) Multiple imposition of punitive damages may be a
significant obstacle to global settlement negotiations in
repetitive litigation.
(6) Limiting the imposition of multiple punitive damages
awards would facilitate the resolution of mass tort claims
involving thousands of injured claimants.
(7) Federal and State trial courts cannot provide solutions
to problems caused by the multiple imposition of punitive
damages because they lack the power or authority to prohibit
subsequent awards in other courts.
(8) Individual State legislatures can create only a partial
remedy to address problems caused by the multiple imposition of
punitive damages, because each State lacks the power to control
the imposition of punitive damages in other States.
SEC. 4. PURPOSE.
The purpose of this Act is to provide a fair and balanced
resolution to the problem of multiple imposition of punitive damages in
interstate commerce.
SEC. 5. DEFINITIONS.
As used in this Act--
(1) the term ``punitive damages'' means damages awarded
against any person or entity to punish or deter such person or
entity, or others, from engaging in similar behavior in the
future;
(2) the term ``specific findings of fact'' are findings in
written form focusing on specific behavior of a defendant that
demonstrates a conscious, flagrant, indifference to the safety
or welfare of the claimant; and
(3) the term ``claimant'' means--
(A) any person who brings a civil action and any
person on behalf of whom such action is brought;
(B) if such action is brought through or on behalf
of an estate, the term includes the claimant's
decedent; and
(C) if such action is brought through or on behalf
of a minor or incompetent, the term includes the
claimant's parent or guardian.
SEC. 6. GENERAL RULE.
(a) General Rule.--Except as provided in subsection (b), punitive
damages shall be prohibited in any civil action in Federal or State
court in which such damages are sought against a defendant based on the
same act or course of conduct for which punitive damages have already
been awarded against such defendant.
(b) Circumstances for Award.--
(1) Substantial new evidence.--If the court determines in a
pre-trial hearing that the claimant will offer new and
substantial evidence of previously undiscovered, additional
wrongful behavior on the part of the defendant, other than the
injury to the claimant, the court may award punitive damages in
accordance with subsection (c).
(2) Insufficient award.--If the court determines in a pre-
trial hearing that the amount of punitive damages previously
imposed were insufficient to either punish the defendant's
wrongful conduct or to deter the defendant and others from
similar behavior in the future, the court may award punitive
damages in accordance with subsection (c).
(c) Limitations on Award.--A court awarding punitive damages
pursuant to subsection (b) shall--
(1) make specific findings of fact on the record to support
the award;
(2) reduce the amount of the punitive portion of the damage
award by the sum of the amounts of punitive damages previously
paid by the defendant in prior actions based on the same act or
course of conduct; and
(3) prohibit disclosure to the jury of the court's
determination and action under this subsection.
SEC. 7. APPLICABILITY; PREEMPTION; JURISDICTION OF FEDERAL COURTS.
(a) Applicability to Punitive Damages Actions.--
(1) In general.--Except as provided in paragraph (2), this
Act shall apply to any civil action brought on any theory where
punitive damages are sought based on the same act or course of
conduct for which punitive damages have already been awarded
against the defendant.
(2) Statutory exception.--This Act shall not apply to any
civil action involving damages awarded under any Federal or
State statute that prescribes the amount of punitive damages to
be awarded.
(b) Preemption.--Except as provided in subsection (a)(2), this Act
shall supersede any Federal or State law regarding recovery for
punitive damages.
(c) Jurisdiction of Federal Courts.--The district courts of the
United States shall not have jurisdiction over any civil action
pursuant to this Act based on sections 1331 or 1337 of title 28, United
States Code.
SEC. 8. EFFECTIVE DATE.
(a) In General.--This Act shall take effect on the date of its
enactment.
(b) Pending Actions.--This Act shall apply to--
(1) any civil action pending on the date of enactment of
this Act; and
(2) any civil action commenced on or after such date,
including any action in which the harm or the conduct which
caused the harm occurred prior to such date. | Multiple Punitive Damages Fairness Act - Prohibits punitive damages in any civil action in Federal or State court in which such damages are sought against a defendant based on the same act or course of conduct for which punitive damages have already been awarded.
Permits the court to award such punitive damages, subject to specified limitations, upon determining in a pre-trial hearing that: (1) the claimant will offer new and substantial evidence of previously undiscovered, additional wrongful behavior on the part of the defendant, other than the injury to the claimant; and (2) the amount of punitive damages previously imposed were insufficient to either punish the defendant's wrongful conduct or to deter the defendant and others from similar behavior in the future.
Directs a court awarding punitive damages pursuant to such provision to: (1) make specific findings of fact on the record to support the award; (2) reduce the amount of the punitive portion of the damage award by the sum of the amounts of punitive damages previously paid by the defendant in prior actions based on the same act or course of conduct; and (3) prohibit disclosure to the jury of the court's determination and action.
Makes this Act applicable to any civil action brought on any theory where punitive damages are sought based on the same act or course of conduct for which punitive damages have already been awarded against the defendant, except with respect to any civil action involving damages awarded under any Federal or State statute that prescribes the amount of punitive damages to be awarded.
Specifies that: (1) this Act shall supersede any Federal or State law regarding recovery for punitive damages; and (2) the U.S. district courts shall not have jurisdiction over any civil action pursuant to this Act based on provisions regarding Federal question jurisdiction and commerce and antitrust regulations. | Multiple Punitive Damages Fairness Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Limiting Inhumane Federal Trapping
Act''.
SEC. 2. PROHIBITION OF USE OF BODY-GRIPPING TRAPS BY PERSONNEL AND ON
LANDS OF THE DEPARTMENTS OF THE INTERIOR AND AGRICULTURE.
(a) Prohibitions.--Except as provided in subsection (b)--
(1) no personnel of the Department of the Interior or the
Department of Agriculture may, in performance of their duties,
use, recommend, train regarding the use of, or plan for use of,
any body-gripping trap; and
(2) no person shall use or possess any body-gripping trap
on property under the administrative jurisdiction of the
Department of the Interior or the Department of Agriculture,
without regard to whether the person is employed by, or working
under a contract with, the Department of the Interior or the
Department of Agriculture.
(b) Exceptions.--
(1) Limitation on application.--
(A) In general.--Subsection (a) shall not apply
with respect to use of a body-gripping trap to--
(i) control documented, invasive species to
achieve resource management objectives where
alternative methods have failed; or
(ii) protect a species that is--
(I) listed as an endangered species
or threatened species under the
Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); or
(II) treated by the Forest Service
as a sensitive species.
(B) Conditions.--
(i) In general.--Subparagraph (A) shall not
apply unless--
(I) such use of a body-gripping
trap is in accordance with applicable
State and Federal law;
(II) prior to use of a body-
gripping trap, all available and viable
nonlethal methods for such control or
protection, respectively, are
attempted; and
(III) such attempts are documented
in writing, and such documentation is
maintained at the headquarters of the
department that employs the individual
engaging in such attempt.
(ii) Nonlethal methods described.--For
purposes of clause (i)(II), the term
``nonlethal methods''--
(I) except as provided in subclause
(II), includes exclusions or barriers,
harassment and scaring devices, and
other methods that do not result in the
death of target or nontarget species;
and
(II) does not include any body-
gripping device.
(2) Training.--Subsection (a)(1) shall not apply with
respect to training in the dismantling of body-gripping traps
that have been illegally placed.
(3) Indian country.--Subsection (a)(2) shall not apply with
respect to use of a body-gripping trap in the Indian country.
(c) Penalties.--
(1) Knowing violations.--Any person who knowingly violates
or fails to comply with this Act or any regulation issued under
this Act shall be fined under title 18, United States Code, or
imprisoned for not more than 1 year, or both.
(2) Other violations.--Any person who otherwise violates or
fails to comply with this Act or any such regulation shall be
fined under title 18, United States Code, or imprisoned not
more than 180 days, or both.
(d) Definitions.--In this section:
(1) Body-gripping trap.--The term ``body-gripping trap''--
(A) except as provided in subparagraph (B), means
any device that is intended to kill or capture an
animal by physically restraining any part of the animal
on land or in an aquatic environment, including any--
(i) spring traps, including steel-jaw,
padded, enclosed and dog-proof, or other
modified foothold or leghold traps;
(ii) kill-type trap, including Conibear and
body-crushing traps;
(iii) snare traps, including foot snares
and strangling neck snares; and
(iv) modified version of any such a trap;
and
(B) does not include any--
(i) cage or box trap; or
(ii) suitcase-type live beaver trap.
(2) Indian country.--The term ``Indian country'' has the
meaning given that term under section 1151 of title 18, United
States Code.
(3) Personnel.--The term ``personnel'' includes individuals
employed by, working under a contract or cooperative agreement
with, or otherwise collaborating with the Department of the
Interior or the Department of Agriculture.
(e) ANILCA Not Affected.--Nothing in this Act is intended or shall
be construed to conflict with the Alaska National Interests Lands
Conservation Act (16 U.S.C. 3101 et seq.).
(f) Stricter State Laws Not Affected.--This section shall not be
construed to preempt or limit any requirement of any law or regulation
of a State or political subdivision of a State, that--
(1) is more restrictive than the requirements of this
section; or
(2) creates penalties for conduct regulated by this
section. | Limiting Inhumane Federal Trapping Act This bill prohibits any personnel of the Department of the Interior or the Department of Agriculture (USDA), in performing their duties, from using, recommending, training in the use of, or planning for the use of, any body-gripping trap used to kill or capture an animal. This prohibition does not apply to training in the dismantling of body-gripping traps that have been illegally placed. No person shall use or possess any body-gripping trap on property under the administrative jurisdiction of Interior or USDA, except in Indian country, regardless of whether the person is employed by, or is working under a contract with, Interior or USDA. Such prohibitions shall not apply to the use of a body-gripping trap to: control documented, invasive species to achieve resource management objectives where alternative methods have failed; or protect a species that is listed as an endangered or threatened species or treated by the Forest Service as a sensitive species. Such exceptions shall not apply unless: such use of a body-gripping trap is in accordance with state and federal law; prior to using such a trap, all available and viable nonlethal methods for such control or protection have been attempted; and such attempts have been documented in writing, and the documentation is maintained at the headquarters of the department that employs the individual engaging in such attempt. The bill imposes criminal penalties for violating the prohibitions in this bill. | Limiting Inhumane Federal Trapping Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Visas Act''.
SEC. 2. VISA REFUSAL AND REVOCATION.
(a) Authority of the Secretary of Homeland Security and the
Secretary of State.--Section 428 of the Homeland Security Act (6 U.S.C.
236) is amended by striking subsections (b) and (c) and inserting the
following:
``(b) Authority of the Secretary of Homeland Security.--
``(1) In general.--Notwithstanding section 104(a) of the
Immigration and Nationality Act (8 U.S.C. 1104(a)) or any other
provision of law, and except for the authority of the Secretary
of State under subparagraphs (A) and (G) of section 101(a)(15)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)),
the Secretary--
``(A) shall have exclusive authority to issue
regulations, establish policy, and administer and
enforce the provisions of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) and all other
immigration or nationality laws relating to the
functions of consular officers of the United States in
connection with the granting and refusal of a visa; and
``(B) may refuse or revoke any visa to any alien or
class of aliens if the Secretary, or designee,
determines that such refusal or revocation is necessary
or advisable in the security interests of the United
States.
``(2) Effect of revocation.--The revocation of any visa
under paragraph (1)(B)--
``(A) shall take effect immediately; and
``(B) shall automatically cancel any other valid
visa that is in the alien's possession.
``(3) Judicial review.--Notwithstanding any other provision
of law, including section 2241 of title 28, United States Code,
any other habeas corpus provision, and sections 1361 and 1651
of such title, no United States court has jurisdiction to
review a decision by the Secretary of Homeland Security to
refuse or revoke a visa.
``(c) Authority of the Secretary of State.--
``(1) In general.--The Secretary of State may direct a
consular officer to refuse a visa requested by, or revoke a
visa issued to, an alien if the Secretary of State determines
such refusal or revocation to be necessary or advisable in the
foreign policy interests of the United States.
``(2) Limitation.--No decision by the Secretary of State to
approve a visa may override a decision by the Secretary of
Homeland Security under subsection (b).''.
(b) Issuance of Visas at Designated Consular Posts and Embassies.--
(1) In general.--Section 428(i) of the Homeland Security
Act (6 U.S.C. 236(i)) is amended to read as follows:
``(i) Visa Issuance at Designated Consular Posts and Embassies.--
Notwithstanding any other provision of law, the Secretary of Homeland
Security--
``(1) shall conduct an on-site review of all visa
applications and supporting documentation before adjudication
at all visa-issuing posts in Algeria; Canada; Colombia; Egypt;
Germany; Hong Kong; India; Indonesia; Iraq; Jerusalem, Israel;
Jordan; Kuala Lumpur, Malaysia; Kuwait; Lebanon; Mexico;
Morocco; Nigeria; Pakistan; the Philippines; Saudi Arabia;
South Africa; Syria; Tel Aviv, Israel; Turkey; United Arab
Emirates; the United Kingdom; Venezuela; and Yemen; and
``(2) is authorized to assign employees of the Department
to each diplomatic and consular post at which visas are issued
unless, in the Secretary's sole and unreviewable discretion,
the Secretary determines that such an assignment at a
particular post would not promote national or homeland
security.''.
(2) Expedited clearance and placement of department of
homeland security personnel at overseas embassies and consular
posts.--The Secretary of State shall accommodate and ensure--
(A) not later than 180 days after the date of the
enactment of this Act, that Department of Homeland
Security personnel assigned by the Secretary of
Homeland Security under section 428(i)(1) of the
Homeland Security Act have been stationed at post; and
(B) not later than 180 days after the date on which
the Secretary of Homeland Security designates an
additional consular post or embassy for personnel under
section 428(i)(2) of the Homeland Security Act that the
Department of Homeland Security personnel assigned to
such post or embassy have been stationed at post.
(3) Appropriations.--There is authorized to be appropriated
$60,000,000 for each of the fiscal years 2010 and 2011, which
shall be used to expedite the implementation of section 428(i)
of the Homeland Security Act, as amended by this subsection.
(c) Visa Revocation.--
(1) Information.--Section 428 of the Homeland Security Act
(6 U.S.C. 236) is amended by adding at the end the following:
``(j) Visa Revocation Information.--If the Secretary of Homeland
Security or the Secretary of State revokes a visa--
``(1) the relevant consular, law enforcement, and terrorist
screening databases shall be immediately updated on the date of
the revocation; and
``(2) look-out notices shall be posted to all Department of
Homeland Security port inspectors and Department of State
consular officers.''.
(2) Effect of visa revocation.--Section 221(i) of the
Immigration and Nationality Act (8 U.S.C. 1201(i)) is amended
by striking ``, except in the context of a removal proceeding
if such revocation provides the sole ground for removal under
section 237(a)(1)(B).'' and inserting ``. A revocation under
this subsection shall take effect immediately and shall
automatically cancel any other valid visa that is in the
alien's possession.''. | Secure Visas Act - Amends the Homeland Security Act to grant the Secretary of Homeland Security (DHS) (Secretary), except for the Secretary of State's authority with respect to diplomatic- and international organization-related visas, exclusive authority to issue regulations, establish policy, and administer and enforce the provisions of the Immigration and Nationality Act (INA) and all other immigration or nationality laws relating to U.S. consular officer visa functions.
Authorizes the Secretary to refuse or revoke any visa to an alien or class of aliens if necessary or advisable for U.S. security interests. Prohibits judicial review of such determinations. Provides that any such visa revocation shall become effective immediately and cancel any other visa in an alien's possession.
Authorizes the Secretary of State to direct a consular officer to refuse or revoke a visa if necessary or advisable for U.S. foreign policy interests.
Prohibits a decision by the Secretary of State to approve a visa from overriding a revocation or refusal determination by the Secretary.
Directs the Secretary to review on-site all visa applications and supporting documentation before adjudication at visa-issuing posts in Algeria, Canada, Colombia, Egypt, Germany, Hong Kong, India, Indonesia, Iraq, Jerusalem and Tel Aviv in Israel, Jordan, Kuala Lumpur in Malaysia, Kuwait, Lebanon, Mexico, Morocco, Nigeria, Pakistan, the Philippines, Saudi Arabia, South Africa, Syria, Turkey, United Arab Emirates, the United Kingdom, Venezuela, and Yemen. Authorizes the Secretary to assign DHS employees to such posts.
States that if the Secretary or the Secretary of State revokes a visa: (1) the relevant consular, law enforcement, and terrorist screening databases shall be immediately updated; and (2) look-out notices shall be posted to all DHS port inspectors and Department of State consular officers.
Amends INA to eliminate the exception permitting judicial review of a visa revocation where such revocation is the sole ground for a deportation process based upon an alien's unlawful presence in the United States. | To authorize the Secretary of Homeland Security and the Secretary of State to refuse or revoke visas to aliens if in the security or foreign policy interests of the United States, to require the Secretary of Homeland Security to review visa applications before adjudication, and to provide for the immediate dissemination of visa revocation information. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telephone Records and Privacy
Protection Act of 2006''.
SEC. 2. FINDINGS.
Congress finds that--
(1) telephone records can be of great use to criminals because
the information contained in call logs may include a wealth of
personal data;
(2) call logs may reveal the names of telephone users' doctors,
public and private relationships, business associates, and more;
(3) call logs are typically maintained for the exclusive use of
phone companies, their authorized agents, and authorized consumers;
(4) telephone records have been obtained without the knowledge
or consent of consumers through the use of a number of fraudulent
methods and devices that include--
(A) telephone company employees selling data to
unauthorized data brokers;
(B) ``pretexting'', whereby a data broker or other person
represents that they are an authorized consumer and convinces
an agent of the telephone company to release the data; or
(C) gaining unauthorized Internet access to account data by
improperly activating a consumer's account management features
on a phone company's webpage or contracting with an Internet-
based data broker who trafficks in such records; and
(5) the unauthorized disclosure of telephone records not only
assaults individual privacy but, in some instances, may further
acts of domestic violence or stalking, compromise the personal
safety of law enforcement officers, their families, victims of
crime, witnesses, or confidential informants, and undermine the
integrity of law enforcement investigations.
SEC. 3. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH OBTAINING
CONFIDENTIAL PHONE RECORDS INFORMATION OF A COVERED
ENTITY.
(a) Offense.--Chapter 47 of title 18, United States Code, is
amended by inserting after section 1038 the following:
``Sec. 1039. Fraud and related activity in connection with obtaining
confidential phone records information of a covered entity
``(a) Criminal Violation.--Whoever, in interstate or foreign
commerce, knowingly and intentionally obtains, or attempts to obtain,
confidential phone records information of a covered entity, by--
``(1) making false or fraudulent statements or representations
to an employee of a covered entity;
``(2) making such false or fraudulent statements or
representations to a customer of a covered entity;
``(3) providing a document to a covered entity knowing that
such document is false or fraudulent; or
``(4) accessing customer accounts of a covered entity via the
Internet, or by means of conduct that violates section 1030 of this
title, without prior authorization from the customer to whom such
confidential phone records information relates;
shall be fined under this title, imprisoned for not more than 10 years,
or both.
``(b) Prohibition on Sale or Transfer of Confidential Phone Records
Information.--
``(1) Except as otherwise permitted by applicable law, whoever,
in interstate or foreign commerce, knowingly and intentionally
sells or transfers, or attempts to sell or transfer, confidential
phone records information of a covered entity, without prior
authorization from the customer to whom such confidential phone
records information relates, or knowing or having reason to know
such information was obtained fraudulently, shall be fined under
this title, imprisoned not more than 10 years, or both.
``(2) For purposes of this subsection, the exceptions specified
in section 222(d) of the Communications Act of 1934 shall apply for
the use of confidential phone records information by any covered
entity, as defined in subsection (h).
``(c) Prohibition on Purchase or Receipt of Confidential Phone
Records Information.--
``(1) Except as otherwise permitted by applicable law, whoever,
in interstate or foreign commerce, knowingly and intentionally
purchases or receives, or attempts to purchase or receive,
confidential phone records information of a covered entity, without
prior authorization from the customer to whom such confidential
phone records information relates, or knowing or having reason to
know such information was obtained fraudulently, shall be fined
under this title, imprisoned not more than 10 years, or both.
``(2) For purposes of this subsection, the exceptions specified
in section 222(d) of the Communications Act of 1934 shall apply for
the use of confidential phone records information by any covered
entity, as defined in subsection (h).
``(d) Enhanced Penalties for Aggravated Cases.--Whoever violates,
or attempts to violate, subsection (a), (b), or (c) while violating
another law of the United States or as part of a pattern of any illegal
activity involving more than $100,000, or more than 50 customers of a
covered entity, in a 12-month period shall, in addition to the
penalties provided for in such subsection, be fined twice the amount
provided in subsection (b)(3) or (c)(3) (as the case may be) of section
3571 of this title, imprisoned for not more than 5 years, or both.
``(e) Enhanced Penalties for Use of Information in Furtherance of
Certain Criminal Offenses.--
``(1) Whoever, violates, or attempts to violate, subsection
(a), (b), or (c) knowing that such information may be used in
furtherance of, or with the intent to commit, an offense described
in section 2261, 2261A, 2262, or any other crime of violence shall,
in addition to the penalties provided for in such subsection, be
fined under this title and imprisoned not more than 5 years.
``(2) Whoever, violates, or attempts to violate, subsection
(a), (b), or (c) knowing that such information may be used in
furtherance of, or with the intent to commit, an offense under
section 111, 115, 1114, 1503, 1512, 1513, or to intimidate,
threaten, harass, injure, or kill any Federal, State, or local law
enforcement officer shall, in addition to the penalties provided
for in such subsection, be fined under this title and imprisoned
not more than 5 years.
``(f) Extraterritorial Jurisdiction.--There is extraterritorial
jurisdiction over an offense under this section.
``(g) Nonapplicability to Law Enforcement Agencies.--This section
does not prohibit any lawfully authorized investigative, protective, or
intelligence activity of a law enforcement agency of the United States,
a State, or political subdivision of a State, or of an intelligence
agency of the United States.
``(h) Definitions.--In this section:
``(1) Confidential phone records information.--The term
`confidential phone records information' means information that--
``(A) relates to the quantity, technical configuration,
type, destination, location, or amount of use of a service
offered by a covered entity, subscribed to by any customer of
that covered entity, and kept by or on behalf of that covered
entity solely by virtue of the relationship between that
covered entity and the customer;
``(B) is made available to a covered entity by a customer
solely by virtue of the relationship between that covered
entity and the customer; or
``(C) is contained in any bill, itemization, or account
statement provided to a customer by or on behalf of a covered
entity solely by virtue of the relationship between that
covered entity and the customer.
``(2) Covered entity.--The term `covered entity'--
``(A) has the same meaning given the term
`telecommunications carrier' in section 3 of the Communications
Act of 1934 (47 U.S.C. 153); and
``(B) includes any provider of IP-enabled voice service.
``(3) Customer.--The term `customer' means, with respect to a
covered entity, any individual, partnership, association, joint
stock company, trust, or corporation, or authorized representative
of such customer, to whom the covered entity provides a product or
service.
``(4) IP-enabled voice service.--The term `IP-enabled voice
service' means the provision of real-time voice communications
offered to the public, or such class of users as to be effectively
available to the public, transmitted through customer premises
equipment using TCP/IP protocol, or a successor protocol, (whether
part of a bundle of services or separately) with interconnection
capability such that the service can originate traffic to, or
terminate traffic from, the public switched telephone network, or a
successor network.''.
(b) Chapter Analysis.--The table of sections for chapter 47 of
title 18, United States Code, is amended by adding after the item
relating to section 1038 the following:
``1039. Fraud and related activity in connection with obtaining
confidential phone records information of a covered entity.''.
SEC. 4. SENTENCING GUIDELINES.
(a) Review and Amendment.--Not later than 180 days after the date
of enactment of this Act, the United States Sentencing Commission,
pursuant to its authority under section 994 of title 28, United States
Code, and in accordance with this section, shall review and, if
appropriate, amend the Federal sentencing guidelines and policy
statements applicable to persons convicted of any offense under section
1039 of title 18, United States Code.
(b) Authorization.--The United States Sentencing Commission may
amend the Federal sentencing guidelines in accordance with the
procedures set forth in section 21(a) of the Sentencing Act of 1987 (28
U.S.C. 994 note) as though the authority under that section had not
expired.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Telephone Records and Privacy Protection Act of 2006 - Amends the federal criminal code to prohibit the obtaining, in interstate or foreign commerce, of confidential phone records information from a telecommunications carrier or IP-enabled voice service provider (covered entity) by: (1) making false or fraudulent statements to an employee of a covered entity or to a customer of a covered entity; (2) providing false or fraudulent documents to a covered entity; or (3) accessing customer accounts of a covered entity through the Internet or by fraudulent computer-related activities without prior authorization. Imposes a fine and/or imprisonment of up to 10 years.
Prohibits the unauthorized sale or transfer, in interstate or foreign commerce, of confidential phone records information by any person or the purchase or receipt of such information with knowledge that it was fraudulently obtained or obtained without prior authorization. Imposes a fine and/or imprisonment of up to 10 years. Exempts covered entities from such restrictions to the extent authorized by the Communications Act of 1934 (e.g., for billing, protection of property rights, or for emergency purposes).
Doubles fines and imposes an additional five-year prison term for violations occurring in a 12-month period involving more than $100,000 or more than 50 customers of a covered entity. Imposes an additional five-year prison term for violations involving the use of confidential phone records information to commit crimes of violence, crimes of domestic violence, and crimes against law enforcement officials and the administration of justice.
Grants extraterritorial jurisdiction over crimes defined by this Act.
Exempts lawfully authorized federal or state investigative, protective, or intelligence activities from the prohibitions of this Act.
Directs the U.S. Sentencing Commission to review and amend, if appropriate, federal sentencing guidelines and policy statements for crimes defined by this Act. | To amend title 18, United States Code, to strengthen protections for law enforcement officers and the public by providing criminal penalties for the fraudulent acquisition or unauthorized disclosure of phone records. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enterprise Zone Environmental
Restoration Act of 1993''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Impacted site.--The term ``impacted site'' means--
(A) an area that has been designated as an
enterprise zone pursuant to section 701 of the Housing
and Community Development Act of 1987 (42 U.S.C.
11501); or
(B) an area that receives a similar designation
under any other Federal law.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
SEC. 3. GRANT PROGRAM.
(a) In General.--The Administrator, in consultation with the
Secretary, shall establish a grant program to award grants for
environmental testing and characterization on land owned by
municipalities or other political subdivisions of States that the
Administrator determines to be appropriate. Subject to the availability
of funds, the Administrator shall award a grant to any municipality (or
other political subdivision of a State that the Administrator
determines to be appropriate) that submits an approved application
concerning environmental testing and characterization for an impacted
site.
(b) Administration of Grant Program.--The Administrator, in
consultation with the Secretary, shall promulgate such regulations as
are necessary to carry out the grant program established under
subsection (a). In promulgating the regulations, the Administrator
shall--
(1) determine which activities constitute environmental
testing and characterization;
(2) establish a procedure for the submission and approval
of an application for a grant; and
(3) establish criteria for approving a grant application,
including, to the extent known, consideration of--
(A) the potential environmental and human health
risks posed by the area to be characterized;
(B) the availability of other sources of funding to
perform the environmental testing and characterization
in the absence of funding from a grant under this Act;
(C) the economic benefits that would flow from the
development of the area;
(D) the minimization of any economic benefit to
parties liable for response actions at the area; and
(E) other factors that the Administrator determines
to be appropriate.
(c) State Grant Program.--The Administrator may, in consultation
with the Secretary, authorize the Governor of a State to carry out a
State grant program to award grants to carry out the purposes of this
Act. The Administrator may promulgate such regulations as may be
necessary to carry out this subsection.
(d) Repayment.--
(1) In general.--
(A) Payment.--Subject to subparagraph (B), the
recipient of a grant under this section must, as a
condition to receiving a grant award under this
section, enter into an agreement with the Administrator
that states that the recipient of the grant shall pay
to the Administrator the net proceeds resulting from
any transfer, lease, development, or conveyance of all
or part of the area that is the subject of the grant.
(B) Total payment.--The total amount of payments
made by a grant recipient under this subsection shall
not exceed an amount equal to the sum of--
(i) the amount of the grant; and
(ii) any accrued interest (as determined
pursuant to paragraph (2)).
(2) Interest.--The interest payable under this section
shall accrue at the same rate as is specified for interest
earned pursuant to section 107(a) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9607(a)).
(3) Schedule for payment.--A payment required under
paragraph (1) from the net proceeds of any transfer, lease,
development, or conveyance shall be paid not later than 30 days
after the recipient of the grant receives the net proceeds.
(e) Evaluation and Report.--
(1) Evaluation.--Not later than December 31, 1994, the
Administrator, in consultation with the Secretary, shall
conduct an evaluation of the grant program under this section.
The evaluation shall be based on information available at the
time of the evaluation. The Administrator shall require that,
as a condition to receiving a grant under this section, each
grant recipient must submit data indicating the actual cost,
benefits, sources, and use of all funds associated with the
environmental testing and characterization of the area that is
the subject of the grant award.
(2) Report.--On completion of the evaluation referred to in
paragraph (1), but not later than December 31, 1994, the
Administrator shall submit a report to Congress that describes
the findings and recommendations of the Administrator.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary for each of the fiscal years 1993, 1994, 1995, and 1996 to
carry out the purposes of this Act. | Enterprise Zone Environmental Restoration Act of 1993 - Directs the Administrator of the Environmental Protection Agency to establish a program to award grants for environmental testing and characterization on land owned by political subdivisions of States to political subdivisions that submit approved applications for such activities on impacted sites. Defines an "impacted site" as an area designated as an enterprise zone pursuant to the Housing and Community Development Act of 1987 or that receives a similar designation under other Federal law.
Permits the Administrator to authorize State Governors to carry out State grant programs to carry out this Act.
Sets forth conditions for the receipt of grants.
Authorizes appropriations. | Enterprise Zone Environmental Restoration Act of 1993 |
SECTION 1. CANADIAN TRANSBOUNDARY MOVEMENT OF MUNICIPAL SOLID WASTE.
(a) In General.--Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) is amended by adding at the end the following:
``SEC. 4011. CANADIAN TRANSBOUNDARY MOVEMENT OF MUNICIPAL SOLID WASTE.
``(a) Definitions.--In this section:
``(1) Agreement.--The term `Agreement' means--
``(A) the Agreement Concerning the Transboundary
Movement of Hazardous Waste between the United States
and Canada, signed at Ottawa on October 28, 1986 (TIAS
11099); and
``(B) any regulations promulgated to implement and
enforce that Agreement.
``(2) Municipal solid waste.--The term `municipal solid
waste' has the meaning given the term in the Agreement.
``(b) Prohibition.--It shall be unlawful for any person to import,
transport, or export municipal solid waste, for final disposal or
incineration, in violation of the Agreement.
``(c) Authority of Administrator.--
``(1) In general.--Beginning immediately after the date of
enactment of this section, the Administrator shall--
``(A) perform the functions of the Designated
Authority of the United States described in the
Agreement with respect to the importation and
exportation of municipal solid waste under the
Agreement; and
``(B) implement and enforce the Agreement
(including notice and consent provisions of the
Agreement).
``(2) Consent to importation.--In considering whether to
consent to the importation of municipal solid waste under
article 3(c) of the Agreement, the Administrator shall--
``(A)(i) give substantial weight to the views of
each State into which the municipal solid waste is to
be imported; and
``(ii) consider the views of the local government
having jurisdiction over the location at which
municipal solid waste is to be disposed of; and
``(B) consider the impact of the importation on--
``(i) continued public support for, and
adherence to, State and local recycling
programs;
``(ii) landfill capacity, as provided in
comprehensive waste management plans;
``(iii) air emissions resulting from
increased vehicular traffic;
``(iv) road deterioration resulting from
increased vehicular traffic; and
``(v) public health and the environment.
``(d) Compliance Orders.--
``(1) In general.--If, on the basis of any information, the
Administrator determines that a person has violated or is in
violation of this section, the Administrator may--
``(A) issue an order that--
``(i) assesses a civil penalty against the
person for any past or current violation of the
person; or
``(ii) requires compliance by the person
with this section immediately or by a specified
date; or
``(B) bring a civil action against the person for
appropriate relief (including a temporary or permanent
injunction) in the United States district court for the
district in which the violation occurred.
``(2) Specificity.--
``(A) In general.--Any order issued under paragraph
(1) for a violation of this subsection shall state with
reasonable specificity the nature of the violation.
``(B) Penalties.--
``(i) Maximum penalty.--Any penalty
assessed by an order issued under paragraph (1)
shall not exceed $25,000 per day of
noncompliance for each violation.
``(ii) Considerations.--In assessing a
penalty under this section, the Administrator
shall take into account--
``(I) the seriousness of the
violation for which the penalty is
assessed; and
``(II) any good faith efforts of
the person against which the penalty is
assessed to comply with applicable
requirements.
``(e) Public Hearing.--
``(1) In general.--Any order issued under this section
shall become final unless, not later than 30 days after the
date of issuance of the order, the person or persons against
which the order is issued submit to the Administrator a request
for a public hearing.
``(2) Hearing.--On receipt of a request under paragraph
(1), the Administrator shall promptly conduct a public hearing.
``(3) Subpoenas.--In connection with any hearing under this
subsection, the Administrator may--
``(A) issue subpoenas for--
``(i) the attendance and testimony of
witnesses; and
``(ii) the production of relevant papers,
books, and documents; and
``(B) promulgate regulations that provide for
procedures for discovery.
``(f) Violation of Compliance Orders.--If a person against which an
order is issued fails to take corrective action as specified in the
order, the Administrator may assess a civil penalty of not more than
$25,000 for each day of continued noncompliance with the order.''.
(b) Table of Contents.--The table of contents of the Solid Waste
Disposal Act (42 U.S.C. prec. 6901) is amended by adding at the end of
the items relating to subtitle D the following:
``Sec. 4011. Canadian transboundary movement of municipal solid
waste.''. | Amends the Solid Waste Disposal Act to prohibit any person from importing, transporting, or exporting municipal solid waste (MSW), for final disposal or incineration, in violation of the Agreement Concerning the Transboundary Movement of Hazardous Waste between the United States and Canada, signed at Ottawa on October 28, 1986.Directs the Administrator of the Environmental Protection Agency to perform the functions of the Designated Authority of the United States with respect to the importation and exportation of MSW under the Agreement and to implement and enforce the Agreement.Sets forth factors for consideration in the Administrator's determinations of whether to consent to importation.Provides procedures for issuance of compliance orders, assessment of civil penalties, and conduct of public hearings. | A bill to amend the Solid Waste Disposal Act to authorize the Administrator of the Environmental Protection Agency to carry out certain authorities relating to the importation of municipal solid waste under the Agreement Concerning the Transboundary Movement of Hazardous Waste between the United States and Canada. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Black Revolutionary War Patriots
Commemorative Coin Act''.
SEC. 2. 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, 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 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the design selected by the Black
Revolutionary War Patriots Foundation for the Black
Revolutionary War Patriots Memorial in Washington, D.C.
(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 ``1996'' or
``1997''; 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
Black Revolutionary War Patriots Foundation and the Commission
of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin 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 period beginning on May 15, 1996, and
ending on May 15, 1997.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Surcharges.--All sales shall include a surcharge of $10 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
(a) In General.--All surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary to the Black Revolutionary War Patriots Foundation for the
purpose of establishing an endowment to support the construction of a
Black Revolutionary War Patriots 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 Black Revolutionary War Patriots Foundation as may be related
to the expenditures of amounts paid under subsection (a).
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. | Black Revolutionary War Patriots Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins emblematic of the design selected by the Black Revolutionary War Patriots Foundation for the Black Revolutionary War Patriots Memorial in Washington, D.C.
Directs that coin sale surcharges be paid to the Black Revolutionary War Patriots Foundation to establish an endowment to support construction of the Memorial. | Black Revolutionary War Patriots Commemorative Coin Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combined Sewer Overflow Control and
Partnership Act of 1998''.
SEC. 2. COMBINED SEWER OVERFLOWS.
Section 402 of the Federal Water Pollution Control Act (33 U.S.C.
1342) is amended by adding at the end the following:
``(q) Combined Sewer Overflows.--
``(1) Requirement for permits, orders, and decrees.--Each
permit, order, or decree issued pursuant to this Act for a
discharge from a combined storm and sanitary sewer shall
conform to the Combined Sewer Overflow Control Policy signed by
the Administrator on April 11, 1994.
``(2) Term of permit, order, or decree.--
``(A) Authority to issue.--Notwithstanding any
schedule for compliance authorized by section 301(b),
or any permit limitation authorized by subsection
(b)(1)(B) of this section, the Administrator or the
State (in the case of a State with a program approved
under subsection (b)) may issue or execute a permit,
order, or decree consistent with this section for a
discharge from a combined storm and sanitary sewer.
``(B) Schedule for compliance.--
``(i) In general.--A permit, order, or
decree issued pursuant to subparagraph (A)
shall include a schedule for compliance, within
a period of not to exceed 15 years, with a
long-term control plan under the Control Policy
referred to in paragraph (1).
``(ii) Exception.--Notwithstanding clause
(i), a compliance schedule of longer than 15
years may be granted if the owner or operator
demonstrates to the satisfaction of the
Administrator or the State, as appropriate,
reasonable further progress towards compliance
with a long-term plan under the Control Policy
and if the Administrator or the State, as
appropriate, determines--
``(I) that compliance within 15
years is not within the economic
capability of the owner or operator; or
``(II) that a longer period is
otherwise appropriate.
``(3) Savings clause.--Any administrative or judicial
decree or order issued before the date of enactment of this
subsection establishing any deadline, schedule, or timetable
for the construction of treatment works for control of any
discharge from a municipal combined sewer system may, at the
request of the municipal owner or operator, be modified to
extend any such deadline, schedule, or timetable to conform
with the requirements of paragraph (2).
``(4) Water quality standards-designated use review.--No
permit, order, or decree issued pursuant to this Act shall
require compliance with water quality based requirements
contained in a long-term control plan under the Control Policy
referred to in paragraph (1) unless the Administrator or the
State, as appropriate, has completed the water quality
standards-designated use review process called for in the
Control Policy, including the adoption of any refinements
needed to reflect the site-specific wet weather impacts of
combined sewer overflows and to ensure that the long-term
control plan provides for cost-effective compliance with water
quality standards. Consideration shall be given to conducting
these reviews on a watershed basis where appropriate. Nothing
in this subsection may be construed to affect either the
authority to conduct or scheduling of water quality standard
reviews required under section 303(c).
``(5) Grants.--
``(A) In general.--The Administrator may make
grants to any municipality or municipal entity for
planning, design, and construction of facilities to
intercept, transport, control, or treat combined storm
and sanitary sewer flows.
``(B) Federal share.--The Federal share of the cost
of activities carried out using amounts from a grant
made under subparagraph (A) shall be at least 55
percent of the cost. The non-Federal share of the cost
may include, in any amount, public and private funds
and in-kind services.
``(C) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $500,000,000 for fiscal year 1999,
$750,000,000 for fiscal year 2000, and $1,000,000,000
for fiscal year 2001. Such sums shall remain available
until expended.
``(D) Reports.--On or before January 1, 2001, and
once every 2 years thereafter, the Administrator shall
transmit to Congress a report containing recommended
funding levels for the 2 fiscal years following the
date of the report for activities relating to combined
storm and sanitary sewer flows described in
subparagraph (A).''. | Combined Sewer Overflow Control and Partnership Act of 1998 - Amends the Federal Water Pollution Control Act to require each permit, order, or decree issued pursuant to such Act for a discharge from a combined storm and sanitary sewer to conform to the Combined Sewer Overflow Control Policy signed by the Administrator of the Environmental Protection Agency on April 11, 1994. Authorizes the Administrator, notwithstanding specified compliance schedules and permit limitations, to issue or execute a permit, order, or decree for discharges from such sewers that includes a schedule for compliance with a long-term control plan for a term of up to 15 years. Provides for extensions of such term, as appropriate.
Modifies any administrative or judicial decree or order issued before this Act's enactment date that establishes any deadline or schedule for the construction of treatment works for control of any discharge from a municipal combined sewer system to extend such deadlines or schedules to conform with this Act, at the request of the municipal owner or operator.
Prohibits any permit, order, or decree issued pursuant to the Act from requiring compliance with water quality based requirements contained in a long-term control plan under the Control Policy unless the Administrator has completed the water quality standards-designated use review process called for in the Control Policy.
Authorizes the Administrator to make grants to municipalities for planning, design, and construction of facilities to intercept, transport, control, or treat combined storm and sanitary sewer flows.
Authorizes appropriations for FY 1999 through 2001.
Directs the Administrator to report biennially to the Congress on recommended funding levels for the two fiscal years following the date of a report on activities relating to combined storm and sanitary sewer flows. | Combined Sewer Overflow Control and Partnership Act of 1998 |
SECTION 1. BAN ON ACTIVITIES OF POLITICAL ACTION COMMITTEES IN HOUSE OF
REPRESENTATIVES ELECTIONS.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the
following new section:
``ban on activities of political action committees in house of
representatives elections
``Sec. 323. Notwithstanding any other provision of this Act, no
person other than an individual or a political committee may make
contributions, solicit or receive contributions, or make expenditures
for the purpose of influencing an election for the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress.''.
(b) Definition of Political Committee.--(1) Section 301(4) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431(4)) is amended to
read as follows:
``(4) The term `political committee' means--
``(A) the principal campaign committee of a candidate;
``(B) any national, State, or district committee of a
political party, including any subordinate committee thereof;
and
``(C) any local committee of a political party which--
``(i) receives contributions aggregating in excess
of $5,000 during a calendar year;
``(ii) makes payments exempted from the definition
of contribution or expenditure under paragraph (8) or
(9) aggregating in excess of $5,000 during a calendar
year; or
``(iii) makes contributions or expenditures
aggregating in excess of $1,000 during a calendar
year.''.
(2) Section 316(b)(2) of the Federal Election Campaign Act of 1971
(2 U.S.C. 441b(b)(2)) is amended by striking out subparagraph (C).
(c) Candidate's Committees.--(1) Section 315(a) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended by adding
at the end the following new paragraph:
``(9) For the purposes of the limitations provided by paragraphs
(1) and (2), any political committee which is established or financed
or maintained or controlled by any candidate or Federal officeholder
shall be deemed to be an authorized committee of such candidate or
officeholder.''.
(2) Section 302(e)(3) of the Federal Election Campaign Act of 1971
(2 U.S.C. 432(e)(3)) is amended to read as follows:
``(3) No political committee that supports or has supported more
than one candidate may be designated as an authorized committee, except
that a candidate for the office of President nominated by a political
party may designate the national committee of such political party as
the candidate's principal campaign committee, but only if that national
committee maintains separate books of account with respect to its
functions as a principal campaign committee.''.
(d) Rules Applicable When Ban Not in Effect.--For purposes of the
Federal Election Campaign Act of 1971, during any period in which the
limitation under section 323 of that Act (as added by subsection (a))
is not in effect--
(1) the amendments made by subsections (a) and (b) shall
not be in effect; and
(2) it shall be unlawful--
(A) for any person that is treated as a political
committee by reason of paragraph (1) and is directly or
indirectly established, administered, or supported by a
connected organization which is a corporation, labor
organization, or trade association to make
contributions to any candidate or the candidate's
authorized committee; and
(B) for any person that is treated as a political
committee by reason of paragraph (1) and is not
directly or indirectly established, administered, or
supported by a connected organization which is a
corporation, labor organization, or trade association
to make contributions to any candidate or the
candidate's authorized committee for any election
aggregating in excess of $1,000.
SEC. 2. HOUSE OF REPRESENTATIVES ELECTION LIMITATION ON CONTRIBUTIONS
FROM PERSONS OTHER THAN LOCAL INDIVIDUAL RESIDENTS.
Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a), is amended by adding at the end the following new subsection:
``(i)(1) A candidate for the office of Representative in, or
Delegate or Resident Commissioner to, the Congress may not, with
respect to a reporting period for an election, accept contributions
from persons other than local individual residents totaling in excess
of the total of contributions accepted from local individual residents.
``(2) As used in this subsection, the term `local individual
resident' means an individual who resides in the congressional district
involved.
``(3)(A) Any candidate who accepts contributions that exceed the
limitation under this subsection with respect to the pre-election
report period or the post-election report period shall pay to the
Commission, for deposit in the Treasury, an amount equal to 5 times the
amount of the excess contributions plus a civil penalty in an amount
determined by the Commission.
``(B) Any candidate who accepts contributions that exceed the
limitation under this subsection with respect to a period other than a
period referred to in subparagraph (A) shall pay to the Commission, for
deposit in the Treasury, an amount equal to 3 times the amount of the
excess contributions.
``(C) Each report under section 304(a)(6) shall include a
certification by the treasurer of the committee that the contributions
reported do not exceed the limitation under this subsection.''.
SEC. 3. EXPENDITURE LIMITATION OF $600,000 FOR EACH HOUSE OF
REPRESENTATIVES CANDIDATE.
Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a), as amended by section 2, is further amended by adding at the end
the following new subsection:
``(j) Notwithstanding any other provision of this Act, a candidate
for the office of Representative in, or Delegate or Resident
Commissioner to, the Congress may not make expenditures of more than
$600,000 with respect to a general election, including any primary
election related to such general election.''.
SEC. 4. PERSONAL CONTRIBUTION LIMITATION OF $100,000 FOR EACH HOUSE OF
REPRESENTATIVES CANDIDATE.
Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a), as amended by sections 2 and 3, is further amended by adding at
the end the following new subsection:
``(k) Notwithstanding any other provision of this Act, a candidate
for the office of Representative in, or Delegate or Resident
Commissioner to, the Congress may not make personal contributions of
more than $100,000 with respect to a general election, including any
primary election related to such general election.''.
SEC. 5. BAN ON INDEPENDENT EXPENDITURES IN HOUSE OF REPRESENTATIVES
ELECTIONS.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.), as amended by section 1, is further amended by adding at
the end the following new section:
``ban on independent expenditures in house of representatives elections
``Sec. 324. Notwithstanding any other provision of this Act, no
person may make any independent expenditure with respect to an election
for the office of Representative in, or Delegate or Resident
Commissioner to, the Congress.''.
SEC. 6. BAN ON SOFT MONEY IN ELECTIONS FOR FEDERAL OFFICE.
Section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C.
431) is amended--
(1) in subparagraph (B) of paragraph (8), by striking out
``include--'' in the matter before clause (i) and all that
follows through the end of the subparagraph, and inserting in
lieu thereof ``include the value of services provided without
compensation by any individual who volunteers on behalf of a
candidate or political committee.'';
(2) by striking out paragraph (9)(B);
(3) by redesignating paragraph (9)(A) as paragraph (9); and
(4) by redesignating clauses (i) and (ii) of paragraph (9),
as so redesignated by paragraph (3) of this subsection, as
subparagraphs (A) and (B), respectively.
SEC. 7. FRANKING PROVISIONS.
(a) Limitation on Mass Mailings During an Election Year.--
(1) In general.--Paragraph (6) of section 3210(a) of title
39, United States Code, is amended by adding at the end the
following:
``(G)(i) A Member of or Member-elect to the House may not, during
any even-numbered calendar year, mail any mass mailing as franked mail
which is postmarked on or before the Tuesday next after the 1st Monday
in November of such year.
``(ii) Nothing in clause (i) shall be considered to make
permissible, with respect to the portion of the year remaining after
the Tuesday referred to in such clause, the mailing of any mass mailing
which would be impermissible under any other provision of law or any
rule or regulation.''.
(2) Conforming amendment.--Subparagraph (F) of section
3210(a)(6) of such title is amended by striking ``(A) and (C)''
and inserting ``(A), (C), and (G),''.
(b) Definition of a Mass Mailing.--
(1) In general.--Paragraph (6) of section 3210(a) of title
39, United States Code, as amended by subsection (a), is
further amended by adding at the end the following:
``(H) For purposes of applying this section with respect to a
Member of or Member-elect to the House, subparagraph (E) shall be
deemed to be amended--
``(i) by striking `500' and inserting `25'; and
``(ii) by striking `or' at the end of clause (ii), by
striking the period at the end of clause (iii) and inserting `;
or', and by adding after clause (iii) the following:
`` `(iv) in furtherance of the administrative duties of the
Member.'.''.
(2) Conforming amendment.--Subparagraph (E) of section
3210(a)(6) of such title is amended by striking ``As used'' and
inserting ``Subject to subparagraph (H), as used''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act and shall apply with
respect to mail sent on or after such date. For purposes of any
determination as to whether or not a mailing sent by a Member of or
Member-elect to the House of Representatives constitutes a mass
mailing, mail sent before such date shall be considered separately from
any mail sent on or after such date. | Amends the Federal Election Campaign Act of 1971 to prohibit any person other than an individual or a political committee from making contributions, soliciting or receiving contributions, or making expenditures for the purpose of influencing an election for Representative, Delegate, or Resident Commissioner to Congress (Representative).
Deems any political committee established, financed, maintained, or controlled by a candidate or Federal office-holder to be an authorized committee of such individual.
Prohibits any political committee that supports or has supported more than one candidate from being designated as an authorized committee, but permits a presidential candidate nominated by a political party to designate the national committee of such party as the candidate's principal campaign committee if that national committee maintains separate books of account with respect to its functions as a principal campaign committee.
Sets forth rules applicable when the ban is not in effect.
(Sec. 2) Prohibits a candidate for the office of Representative, with respect to a reporting period for an election, from accepting contributions from persons other than local individual residents totaling in excess of the total of contributions accepted from local individual residents. Sets penalties for accepting contributions that exceed such limitations.
(Sec. 3) Sets an expenditure limit of $600,000 for each House of Representatives candidate for any general or primary election.
(Sec. 5) Prohibits any person from making independent expenditures in House elections.
(Sec. 6) Revises provisions regarding the definition of: (1) "contribution" to provide that such term shall exclude only the value of services provided without compensation by an individual who volunteers on behalf of a candidate or political committee; and (2) "expenditure" to repeal listed exclusions from that term.
(Sec. 7) Prohibits a Member of or Member-elect to the House from mailing, during any even-numbered calendar year, any mass mailing as franked mail which is postmarked on or before the Tuesday next after the first Monday in November of such year.
Revises the definition of "mass mailing" to mean, with respect to a session of the Congress, any mailing with substantially identical content totaling more than 25 pieces in that session, but excluding certain categories of mailings including those in furtherance of the Member's administrative duties. | To amend the Federal Election Campaign Act of 1971 to ban activities of political action committees in House of Representatives elections and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Teacher Training Act of
2001''.
SEC. 2. GRANTS FOR CLASSROOM-RELATED COMPUTER TRAINING FOR TEACHERS.
(a) In General.--The Secretary of Education, through the Office of
Educational Technology established under section 216 of the Department
of Education Organization Act (20 U.S.C. 3425), may award grants on a
competitive basis to local educational agencies (as defined in section
14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801)) to assist such agencies in providing intensive classroom-related
computer training for teachers.
(b) Minimum Grant Amount.--A grant awarded pursuant to subsection
(a) shall be for not less than $10,000,000.
(c) Requirements of Grant.--A grant awarded pursuant to subsection
(a) shall provide that--
(1) the grantee will enter into a contract with an
institution of higher education or another nonprofit
educational provider (hereafter in this section referred to as
the ``contractor'') under which the contractor will agree to
establish, operate, and provide the non-Federal share of the
cost of a teacher training program described in such
subsection;
(2) funds made available by the Secretary to the grantee
pursuant to any contract entered into under this section will
be used to pay the Federal share of the cost of establishing
and operating a teacher training program as provided in
paragraph (1); and
(3) the grantee will meet such other conditions and
standards as the Secretary determines to be necessary to assure
compliance with the provisions of this section and will provide
such technical assistance as may be necessary to carry out the
provisions of this section.
(d) Teacher Training Programs.--The teacher training programs
authorized in subsection (a)--
(1) shall be conducted during the school year and during
the summer months;
(2) shall train teachers who teach grades kindergarten
through college;
(3) shall select teachers to become members of a teacher
network whose members will conduct workshops for other teachers
employed by the local educational agency; and
(4) shall encourage teachers from all disciplines to
participate in such teacher training programs.
(e) Supplement and not Supplant.--Grants awarded pursuant to this
section shall be used to supplement and not supplant State and local
funds available for the purpose set forth in subsection (a).
SEC. 3. INCOME TAX CREDIT FOR TECHNOLOGY-RELATED PROFESSIONAL
DEVELOPMENT FOR TEACHERS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25A the
following new section:
``SEC. 25B. TECHNOLOGY-RELATED PROFESSIONAL DEVELOPMENT EXPENSES OF
TEACHERS.
``(a) Allowance of Credit.--In the case of an eligible teacher,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to the qualified
technology-related expenses paid or incurred by the taxpayer during
such taxable year.
``(b) Maximum Credit.--The credit allowed by subsection (a) for any
taxable year shall not exceed $1,000 with respect to each eligible
teacher.
``(c) Eligible Teacher.--For purposes of this section, the term
`eligible teacher' means any individual--
``(1) who, at the time the expense is paid or incurred, is
a full-time teacher for any of grades K-12 in the United
States, or
``(2) who reasonably expects to be such a full-time teacher
for the academic year beginning in the taxable year in which
such expense is paid or incurred.
``(d) Qualified Technology-Related Expenses.--
``(1) In general.--For purposes of this section, the term
`qualified technology-related expenses' means expenses--
``(A) which would (but for subsection (e)) be
allowed as a deduction under this chapter by reason of
being related to teaching activities referred to in
subsection (c), and
``(B) which are for training in the use of
technology (including computers) in the classroom.
``(2) Computers included.--Such term includes the cost of
any computer or technology equipment (as defined in section
170(e)(6)(F)) if at least 50 percent of the use of which
(whether or not in the classroom) is related to teaching
activities as an eligible teacher.
``(e) Denial of Double Benefit.--No deduction shall be allowed
under this chapter for any expense for which a credit is allowed under
this section.
``(f) Election To Have Credit Not Apply.--A taxpayer may elect to
have this section not apply to any taxable year.''
(b) Clerical Amendment.--The table of sections for such subpart A
is amended by inserting after the item relating to section 25A the
following new item:
``Sec. 25B. Technology-related
professional development
expenses of teachers.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 4. EXPANSION OF DEDUCTION FOR COMPUTER DONATIONS TO CHARITIES.
(a) Extension of Age of Eligible Computers.--Clause (ii) of section
170(e)(6)(B) of the Internal Revenue Code of 1986 (defining qualified
computer contribution) is amended by striking ``date'' the first place
it appears and all that follows and inserting the following:
``date--
``(I) the taxpayer acquired or
reacquired the property,
``(II) construction of the property
is substantially completed in the case
of property constructed by the taxpayer
for its own use in its trade or
business and which is not inventory
with respect to the taxpayer, or
``(III) the property was originally
sold, leased, or otherwise disposed of
by the taxpayer in the case of property
reacquired by the taxpayer.''.
(b) Reacquired Computers Eligible for Donation.--Clause (iii) of
section 170(e)(6)(B) of such Code (defining qualified computer
contribution) is amended by inserting ``, the person from whom the
donor reacquires the property,'' after ``the donor''.
(c) Effective Date.--The amendments made by this section shall
apply to contributions made in taxable years ending after the date of
the enactment of this Act.
SEC. 5. CREDIT FOR COMPUTER DONATIONS TO SCHOOLS AND PUBLIC LIBRARIES.
(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:
``SEC. 45E. CREDIT FOR COMPUTER DONATIONS TO SCHOOLS AND PUBLIC
LIBRARIES.
``(a) General Rule.--For purposes of section 38, the school and
public library computer donation credit determined under this section
is an amount equal to 30 percent of the qualified computer
contributions made by the taxpayer during the taxable year.
``(b) Increased Percentage for Contributions to Schools or Public
Libraries in Empowerment Zones, Enterprise Communities, and Indian
Reservations.--In the case of a qualified computer contribution to an
educational organization, public library, or entity located in an
empowerment zone or enterprise community designated under section 1391
or an Indian reservation (as defined in section 168(j)(6)), subsection
(a) shall be applied by substituting `50 percent' for `30 percent'.
``(c) Limitation.--No credit shall be allowed under subsection (a)
for the contribution of a computer (as defined in section
168(i)(2)(B)(ii)) if the computer software (as defined in section
197(e)(3)(B)) that serves as the operating system of such computer has
not been lawfully installed.
``(d) Qualified Computer Contribution.--For purposes of this
section, the term `qualified computer contribution' has the meaning
given such term by section 170(e)(6)(B).
``(e) Certain Rules Made Applicable.--For purposes of this section,
rules similar to the rules of paragraphs (1) and (2) of section 41(f)
shall apply.
``(f) Termination.--This section shall not apply to taxable years
beginning on or after the date which is 3 years after the date of the
enactment of the 21st Century Teacher Training Act of 2001.''
(b) Current Year Business Credit Calculation.--Section 38(b) of
such Code (relating to current year business credit) is amended by
striking ``plus'' at the end of paragraph (12), by striking the period
at the end of paragraph (13) and inserting ``, plus'', and by adding at
the end the following:
``(14) the school and public library computer donation
credit determined under section 45E(a).''.
(c) Disallowance of Deduction by Amount of Credit.--Section 280C of
such Code (relating to certain expenses for which credits are
allowable) is amended by adding at the end the following:
``(d) Credit for School and Public Library Computer Donations.--No
deduction shall be allowed for that portion of the qualified computer
contributions (as defined in section 170(e)(6)(B)) made during the
taxable year that is equal to the amount of credit determined for the
taxable year under section 45E(a). In the case of a corporation which
is a member of a controlled group of corporations (within the meaning
of section 52(a)) or a trade or business which is treated as being
under common control with other trades or businesses (within the
meaning of section 52(b)), this subsection shall be applied under rules
prescribed by the Secretary similar to the rules applicable under
subsections (a) and (b) of section 52.''
(d) Limitation on Carryback.--Subsection (d) of section 39 of such
Code (relating to carryback and carryforward of unused credits) is
amended by adding at the end the following:
``(10) No carryback of school and public library computer
donation credit before effective date.--No amount of unused
business credit available under section 45E may be carried back
to a taxable year beginning on or before the date of the
enactment of this paragraph.''.
(e) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45D the following:
``Sec. 45E. Credit for computer donations
to schools and public
libraries.''
(f) Effective Date.--The amendments made by this section shall
apply to contributions made in taxable years beginning after the date
of the enactment of this Act. | 21st Century Teacher Training Act of 2001 - Authorizes the Secretary of Education, through the Office of Educational Technology, to award competitive grants to local educational agencies (LEAs) to provide programs of intensive classroom-related computer training for teachers. Requires grantees to enter into contracts with institutions of higher education or other nonprofit educational providers that will establish, operate, and provide the non-Federal share of the cost of such programs.Amends the Internal Revenue Code to establish a personal income tax credit of up to $1,000 for technology-related professional development expenses for eligible teachers. Establishes a business-related tax credit for donations of computers to schools and public libraries. | To encourage the use of technology in the classroom. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Legacy Reauthorization
Act of 2008''.
SEC. 2. DEFINITIONS.
Section 118(a)(3) of the Federal Water Pollution Control Act (33
U.S.C. 1268(a)(3)) is amended--
(1) in subparagraph (I) by striking ``and'' at the end;
(2) in subparagraph (J) by striking the period and inserting a
semicolon; and
(3) by adding at the end the following:
``(K) `site characterization' means a process for
monitoring and evaluating the nature and extent of sediment
contamination in accordance with the Environmental Protection
Agency's guidance for the assessment of contaminated sediment
in an area of concern located wholly or partially within the
United States; and
``(L) `potentially responsible party' means an individual
or entity that may be liable under any Federal or State
authority that is being used or may be used to facilitate the
cleanup and protection of the Great Lakes.''.
SEC. 3. REMEDIATION OF SEDIMENT CONTAMINATION IN AREAS OF CONCERN.
(a) Eligible Projects.--Section 118(c)(12)(B)(ii) of the Federal
Water Pollution Control Act (33 U.S.C. 1268(c)(12)(B)(ii)) is amended
by striking ``sediment'' and inserting ``sediment, including activities
to restore aquatic habitat that are carried out in conjunction with a
project for the remediation of contaminated sediment''.
(b) Limitations.--Section 118(c)(12)(D) of such Act (33 U.S.C.
1268(c)(12)(D)) is amended--
(1) in the subparagraph heading by striking ``Limitation'' and
inserting ``Limitations'';
(2) in clause (i) by striking ``or'' at the end;
(3) in clause (ii) by striking the period and inserting a
semicolon; and
(4) by adding at the end the following:
``(iii) unless each non-Federal sponsor for the project
has entered into a written project agreement with the
Administrator under which the party agrees to carry out its
responsibilities and requirements for the project; or
``(iv) unless the Administrator provides assurance that
the Agency has conducted a reasonable inquiry to identify
potentially responsible parties connected with the site.''.
(c) In-Kind Contributions.--Section 118(c)(12)(E)(ii) of such Act
(33 U.S.C. 1268(c)(12)(E)(ii)) is amended to read as follows:
``(ii) In-kind contributions.--
``(I) In general.--The non-Federal share of the
cost of a project carried out under this paragraph may
include the value of an in-kind contribution provided
by a non-Federal sponsor.
``(II) Credit.--A project agreement described in
subparagraph (D)(iii) may provide, with respect to a
project, that the Administrator shall credit toward the
non-Federal share of the cost of the project the value
of an in-kind contribution made by the non-Federal
sponsor, if the Administrator determines that the
material or service provided as the in-kind
contribution is integral to the project.
``(III) Work performed before project agreement.--
In any case in which a non-Federal sponsor is to
receive credit under subclause (II) for the cost of
work carried out by the non-Federal sponsor and such
work has not been carried out by the non-Federal
sponsor as of the date of enactment of this subclause,
the Administrator and the non-Federal sponsor shall
enter into an agreement under which the non-Federal
sponsor shall carry out such work, and only work
carried out following the execution of the agreement
shall be eligible for credit.
``(IV) Limitation.--Credit authorized under this
clause for a project carried out under this paragraph--
``(aa) shall not exceed the non-Federal share
of the cost of the project; and
``(bb) shall not exceed the actual and
reasonable costs of the materials and services
provided by the non-Federal sponsor, as determined
by the Administrator.
``(V) Inclusion of certain contributions.--In this
subparagraph, the term `in-kind contribution' may
include the costs of planning (including data
collection), design, construction, and materials that
are provided by the non-Federal sponsor for
implementation of a project under this paragraph.''.
(d) Non-Federal Share.--Section 118(c)(12)(E) of such Act (33
U.S.C. 1268(c)(12)(E)) is amended--
(1) by redesignating clauses (iii) and (iv) as clauses (iv) and
(v), respectively;
(2) by inserting after clause (ii) the following:
``(iii) Treatment of credit between projects.--Any
credit provided under this subparagraph towards the non-
Federal share of the cost of a project carried out under
this paragraph may be applied towards the non-Federal share
of the cost of any other project carried out under this
paragraph by the same non-Federal sponsor for a site within
the same area of concern.''; and
(3) in clause (iv) (as redesignated by paragraph (1) of this
subsection) by striking ``service'' each place it appears and
inserting ``contribution''.
(e) Site Characterization.--Section 118(c)(12)(F) of such Act (33
U.S.C. 1268(c)(12)(F)) is amended to read as follows:
``(F) Site characterization.--
``(i) In general.--The Administrator, in consultation
with any affected State or unit of local government, shall
carry out at Federal expense the site characterization of a
project under this paragraph for the remediation of
contaminated sediment.
``(ii) Limitation.--For purposes of clause (i), the
Administrator may carry out one site assessment per
discrete site within a project at Federal expense.''.
(f) Authorization of Appropriations.--Section 118(c)(12)(H) of such
Act (33 U.S.C. 1268(c)(12)(H)) is amended--
(1) by striking clause (i) and inserting the following:
``(i) In general.--In addition to other amounts
authorized under this section, there is authorized to be
appropriated to carry out this paragraph $50,000,000 for
each of fiscal years 2004 through 2010.''; and
(2) by adding at the end the following:
``(iii) Allocation of funds.--Not more than 20 percent
of the funds appropriated pursuant to clause (i) for a
fiscal year may be used to carry out subparagraph (F).''.
(g) Public Information Program.--Section 118(c)(13)(B) of such Act
(33 U.S.C. 1268(c)(13)(B)) is amended by striking ``2008'' and
inserting ``2010''.
SEC. 4. RESEARCH AND DEVELOPMENT PROGRAM.
Section 106(b) of the Great Lakes Legacy Act of 2002 (33 U.S.C.
1271a(b)) is amended by striking paragraph (1) and inserting the
following:
``(1) In general.--In addition to any amounts authorized under
other provisions of law, there is authorized to be appropriated to
carry out this section $3,000,000 for each of fiscal years 2004
through 2010.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Great Lakes Legacy Reauthorization Act of 2008 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to define: (1) "site characterization" as a process for monitoring and evaluating sediment contamination under the Environmental Protection Agency's (EPA) guidance for the assessment of contaminated sediment in an area of concern in the United States; and (2) "potentially responsible party" to mean an individual or entity that may be liable under any federal or state authority used to facilitate the cleanup and protection of the Great Lakes.
Includes aquatic habitat restoration activities among activities the Great Lakes National Program Office is authorized to implement for the remediation of sediment contamination in areas of concern.
Prohibits the Administrator from implementing such a remediation project unless: (1) each nonfederal sponsor has entered into a written agreement under which each party agrees to carry out its responsibilities and requirements for the project; and (2) the Administrator provides assurance that EPA has conducted a reasonable inquiry to identify potentially responsible parties.
Revises provisions concerning the nonfederal share of project costs.
Requires the Administrator to implement, at federal expense, one site characterization per site within a project for the remediation of contaminated sediment. Repeals a prohibition against implementing a project unless the nonfederal sponsor agrees to maintain aggregate expenditures from all other sources for remediation programs in the area of concern or above the average level of such expenditures in the two fiscal years preceding the date the project is initiated.
Authorizes appropriations through FY2010 for: (1) such remediation projects; (2) a public information program to provide information relating to such remediation; and (3) the development and use of innovative approaches, technologies, and techniques for such remediation. Limits to 20% of the amount of funds appropriated for remediation projects that may be used for site characterization. | To amend the Federal Water Pollution Control Act to provide for the remediation of sediment contamination in areas of concern, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Efficiency and Conservation
Incentives Act of 2001''.
SEC. 2. ALLOWANCE OF DEDUCTION FOR QUALIFIED ENERGY MANAGEMENT DEVICES
AND RETROFITTED QUALIFIED METERS.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to itemized deductions for
individuals and corporations) is amended by inserting after section
179A the following new section:
``SEC. 179B. DEDUCTION FOR QUALIFIED ENERGY MANAGEMENT DEVICES AND
RETROFITTED METERS.
``(a) Allowance of Deduction.--There shall be allowed as a
deduction--
``(1) an amount equal to $30 for each qualified energy
management device originally placed in service during the
taxable year, and
``(2) for each qualified retrofitted meter originally
placed in service during the taxable year, an amount equal to
the lesser of--
``(A) $30, or
``(B) the adjusted basis of such meter.
``(b) Definitions.--
``(1) Qualified energy management device.--For purposes of
this section, the term `qualified energy management device'
means any meter or metering device acquired and used by an
electric energy or natural gas supplier or service provider to
enable consumers or others to manage their purchase, sale, or
use of electricity or natural gas in response to energy price
and usage signals.
``(2) Qualified retrofitted meter.--For purposes of this
section, the term `qualified retrofitted meter' means an
electric energy or natural gas meter or metering device that
has been modified by the addition of equipment designed to
enable users to manage the purchase, sale, or use of
electricity and natural gas in response to energy price and
usage signals.
``(3) Placed in service.--For purposes of this section, the
term `placed in service' means interconnected with other
devices in a manner that permits reading of energy price and
usage signals on at least a daily basis.
``(4) Cost of meters includes cost of installation.--The
cost of any qualified energy management device or qualified
retrofitted meter referred to in paragraph (1) or (2) shall
include the cost of the original installation of such property.
``(c) Devices Installed Outside the United States Not Qualified.--
No deduction shall be allowed under subsection (a) with respect to any
qualified energy management device or qualified retrofitted meter
placed in service outside the United States.
``(d) Basis Reduction.--
``(1) In general.--For purposes of this title, the basis of
any property shall be reduced by the amount of the deduction
with respect to such property which is allowed by subsection
(a).
``(2) Ordinary income recapture.--For purposes of section
1245, the amount of the deduction allowable under subsection
(a) with respect to any property that is of a character subject
to the allowance for depreciation shall be treated as a
deduction allowed for depreciation under section 167.''.
(b) Conforming Amendments.--
(1) Section 263(a)(1) of such Code is amended by striking
``or'' at the end of subparagraph (G), by striking the period
at the end of subparagraph (H) and inserting ``, or'', and by
inserting after subparagraph (H) the following new
subparagraph:
``(I) expenditures for which a deduction is allowed
under section 179B.''.
(2) Section 312(k)(3)(B) of such Code is amended by
striking ``or 179A'' each place it appears in the heading and
text and inserting ``, 179A, or 179B''.
(3) Section 1016(a) of such Code is amended by striking
``and'' at the end of paragraph (26), by striking the period at
the end of paragraph (27) and inserting ``, and'', and by
inserting after paragraph (27) the following new paragraph:
``(28) to the extent provided in section 179B(d)(1),''.
(4) Section 1245(a) of such Code is amended by inserting
``179B,'' after ``179A,'' both places it appears in paragraphs
(2)(C) and (3)(C).
(5) The table of contents for subpart B of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 179A the following new item:
``Sec. 179B. Deduction for qualified
energy management devices and
retrofitted meters.''.
(c) Effective Date.--The amendments made by this section shall
apply to qualified energy management devices placed in service after
the date of the enactment of this Act and to qualified retrofitted
meters that are placed in service after, or that are in use as of, the
date of the enactment of this Act.
SEC. 3. 3-YEAR APPLICABLE RECOVERY PERIOD FOR DEPRECIATION OF QUALIFIED
ENERGY MANAGEMENT DEVICES.
(a) In General.--Subparagraph (A) of section 168(e)(3) of the
Internal Revenue Code of 1986 (relating to classification of 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 qualified energy management
device.''.
(b) Definition of Qualified Energy Management Device.--Section
168(i) of such Code (relating to definitions and special rules) is
amended by inserting at the end the following new paragraph:
``(15) Qualified energy management device.--The term
`qualified energy management device' means a meter or metering
device that is acquired and used by an electric energy or
natural gas supplier or service provider to enable consumers
and others to manage their purchase, sale, and use of
electricity or natural gas in response to energy price and
usage signals that are readable on at least a daily basis. For
purposes of the preceding sentence, the cost of any qualified
energy management device shall (at the election of the
taxpayer) include the cost of the original installation of such
property.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2000. | Energy Efficiency and Conservation Incentives Act of 2001 - Amends the Internal Revenue Code to allow as a deduction: (1) an amount equal to $30 for each qualified energy management device originally placed in service during the taxable year; and (2) for each qualified retrofitted meter originally placed in service during the taxable year, an amount equal to the lesser of $30 or the adjusted basis of such meter. | To amend the Internal Revenue Code of 1986 to provide a credit against tax for qualified energy management devices, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal Jobs Creation Act of 2010''.
SEC. 2. PURPOSE.
The purpose of this Act is to provide employment opportunities for
coastal communities by increasing support for--
(1) cooperative research and monitoring;
(2) the revitalization of coastal infrastructure;
(3) recreational fishing registry programs;
(4) marine debris removal; and
(5) restoration of coastal resources.
SEC. 3. COASTAL JOBS CREATION GRANT PROGRAM.
(a) Establishment.--The Secretary of Commerce (in this Act referred
to as the ``Secretary'') shall use funds made available under this Act
to implement a Coastal Jobs Creation Grant Program using the
authorities listed in subsection (b). The Secretary shall expend such
funds as quickly as possible consistent with prudent management.
(b) Authorities.--The authorities referred to in subsection (a) are
authorities under the following laws:
(1) Section 306A of the Coastal Zone Management Act of 1972
(16 U.S.C. 1455a).
(2) Section 315(e) of the Coastal Zone Management Act (16
U.S.C. 1461(e)).
(3) Section 204 of the Coral Reef Conservation Act (16
U.S.C. 6403).
(4) Section 12304 of the Integrated Coastal and Ocean
Observation System Act of 2009 (33 U.S.C. 3603).
(5) Section 318 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1867).
(6) Section 401(g) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1881(g)).
(7) Section 3 of the Marine Debris Research, Prevention,
and Reduction Act (33 U.S.C. 1952).
(8) Section 408 of the Marine Mammal Protection Act of 1972
(16 U.S.C. 1421f-1).
(9) Section 311 of the National Marine Sanctuaries Act (16
U.S.C. 1442).
(10) Section 205 of the National Sea Grant College Program
Act (33 U.S.C. 1124).
(c) Activities.--Activities funded under the Coastal Jobs Creation
Grant Program shall include the following:
(1) Cooperative research to collect and compile economic
and social data related to recreational and commercial
fisheries management.
(2) Cooperative research to identify habitat areas of
particular concern and for habitat restoration and
conservation.
(3) Improving the quality and accuracy of information
generated by the Marine Recreational Fishery Statistics Survey.
(4) Establishment and implementation of State recreational
fishing registry programs.
(5) Training and deploying observers authorized or required
under the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.).
(6) Preservation or restoration of coastal resources
identified for their conservation, recreational, ecological,
historic, or aesthetic values.
(7) Redevelopment of deteriorating and underutilized
working waterfronts and ports.
(8) Research and monitoring within the National Estuarine
Research Reserve System, the National Marine Sanctuary System,
and coral reef ecosystems, and under the National Sea Grant
College Program.
(9) Implementation of local strategies developed by State
or Federal agencies to conserve coral reef ecosystems.
(10) Research to develop, test, and deploy innovations and
improvements in coastal and ocean observation technologies.
(11) Cooperative research to collect data to improve,
supplement, or enhance fishery and marine mammal stock
assessments.
(12) Cooperative research to assess the amount and type of
bycatch and to engineer gear types designed to reduce bycatch.
(13) Reducing and preventing the occurrence and adverse
impacts of marine debris on the marine environment and
navigation safety.
(d) Funding Criteria.--The Secretary may not make funds available
under this Act for a proposed project unless the project, to the
maximum extent practicable--
(1) provides the greatest employment opportunities for
coastal communities and benefits commercial and recreational
fishing industries;
(2) replicates or builds upon a successful local, State,
Federal, or tribal project;
(3) utilizes existing fishing community infrastructure,
including idled fishing vessels;
(4) supports research and monitoring that improves science-
based management decisions; or
(5) contributes to restoring, protecting, or preserving
coastal and ocean ecosystems.
(e) Guidelines.--Within 30 days after the date of enactment of this
Act, the Secretary shall develop guidelines necessary to implement the
Coastal Jobs Creation Grant Program.
SEC. 4. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVATION AND
MANAGEMENT ACT.
Section 401(g) of Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1881(g)) is amended by redesignating
paragraph (4) as paragraph (5), and by inserting after paragraph (3)
the following new paragraph:
``(4) Funding.--The Secretary, subject to the availability
of appropriations, shall enter into contracts with, or provide
grants to, States for the purpose of establishing and
implementing a registry program to meet the requirements for
exemption under paragraph (2).''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
To carry out the Coastal Jobs Creation Grant Program there is
authorized to be appropriated to the Secretary of Commerce $80,000,000
for each of fiscal years 2011 through 2015, of which no more than 5
percent may be used each fiscal year for administrative expenses of
such program. | Coastal Jobs Creation Act of 2010 - Directs the Secretary of Commerce to implement a Coastal Jobs Creation Grant Program which shall include: (1) cooperative research to collect and compile economic and social data related to recreational and commercial fisheries management: (2) establishment and implementation of state recreational fishing registry programs; (3) training and deploying observers authorized or required under the Magnuson-Stevens Fishery Conservation and Management Act; (4) preservation or restoration of coastal resources identified for their conservation, recreational, ecological, historic, or aesthetic values; (5) redevelopment of deteriorating and underutilized working waterfronts and ports; (6) research to develop, test, and deploy innovations and improvements in coastal and ocean observation technologies; (7) cooperative research to collect data to improve, supplement, or enhance fishery and marine mammal stock assessments; and (8) other specified activities.
Amends the Magnuson-Stevens Fishery Conservation and Management Act to require the Secretary of Commerce to enter into contracts with, or provide grants to, states for the purpose of establishing and implementing a registry program to meet the requirements for the exemption from registration of a regional standardized fishing vessel registration and information management system program for state licensed recreational fishermen and charter fishing vessels when the Secretary determines that information from the state program is suitable for the Secretary's use in completing marine recreational fisheries statistical surveys or evaluating the effects of proposed conservation and management measures for marine recreational fisheries. | To promote coastal jobs creation, promote sustainable fisheries and fishing communities, revitalize waterfronts, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Schools and Libraries Internet
Access Act''.
SEC. 2. REPEAL OF FEDERAL COMMUNICATIONS COMMISSION AUTHORITY.
Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is
amended--
(1) in subsection (b)--
(A) by striking paragraph (6); and
(B) by redesignating paragraph (7) as paragraph
(6);
(2) in subsection (c)--
(A) in paragraph (1)(A), by striking ``education,
public health, or''; and
(B) by striking paragraph (3); and
(3) by striking subsection (h).
SEC. 3. REDUCTION OF EXCISE TAX ON TELEPHONE AND OTHER COMMUNICATIONS
SERVICES.
(a) Phase-Out of Tax.--Section 4251(b)(2) of the Internal Revenue
Code of 1986 is amended to read as follows:
``(2) Applicable percentage.--The term `applicable
percentage' means--
``(A) 3.0 percent with respect to amounts paid
pursuant to bills first rendered before January 1,
1999; and
``(B) 1.0 percent with respect to amounts paid
pursuant to bills first rendered on or after January 1,
1999, and before October 1, 2003.''
(b) Repeal of Tax.--Subchapter B of chapter 33 of the Internal
Revenue Code of 1986 is repealed effective with respect to bills first
rendered on or after October 1, 2003.
SEC. 4. TELECOMMUNICATIONS TECHNOLOGY TRUST FUND.
(a) In General.--Chapter 98 of the Internal Revenue Code of 1986 is
amended by inserting after section 9410 the following:
``SEC. 9511. TELECOMMUNICATIONS TECHNOLOGY TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust found to be known as the
`Telecommunications Technology Trust Fund', consisting of such amounts
as may be appropriated or credited pursuant to this section or section
9602(b).
``(b) Transfer to Telecommunications Technology Trust Fund Amounts
Equivalent of Certain Taxes.--There are hereby appropriated to the
Telecommunications Technology Trust Fund amounts equivalent to 100
percent of the taxes received in Treasury after December 31, 1998,
under section 4251 (relating to tax on communications).
``(c) Expenditures From Telecommunications Technology Trust Fund.--
Amounts in the Telecommunications Technology Trust Fund shall be
available for making expenditures to carry out the provisions of
section 106 of the National Telecommunications and Information
Administration Organization Act.
``(d) Sunset.--The provisions of this section shall cease to be
effective on October 1, 2003.''.
SEC. 5. PROVISION OF TELECOMMUNICATIONS SERVICES TO SCHOOLS, LIBRARIES,
AND RURAL HEALTH CARE PROVIDERS.
Part A of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 901 et seq.) is amended by
adding at the end the following new section:
``SEC. 106. PROVISION OF ADVANCED TELECOMMUNICATIONS SERVICES.
``(a) Provision of Certain Telecommunications and Related
Services.--
``(1) Grants authorized.--The Secretary (or the Secretary's
designee) shall award a grant for a fiscal year to each State
having an approved plan under paragraph (3) for the following
purposes:
``(A) To assist in acquiring telecommunications and
related services which are necessary for the provision
of health care services, including instruction relating
to such telecommunications and related services, by any
public or nonprofit health care provider that serves
persons who reside in a rural area, as defined in
section 1886(d)(2)(D) of the Social Security Act (42
U.S.C. 1395ww(d)(2)(D)).
``(B) To assist in acquiring telecommunications and
related services for elementary schools, secondary
schools, and libraries for educational purposes.
``(2) Allocation of funds.--From amounts appropriated
pursuant to subsection (b), the Secretary shall allocate to
each of the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico as follows, except that no State
shall receive less than \1/2\ of 1 percent of such amount:
``(A) Fifty percent shall be allocated among such
jurisdictions on the basis of their relative
populations of individuals aged five through 17, as
determined by the Secretary on the basis of the most
recent satisfactory data.
``(B) Fifty percent shall be allocated among such
jurisdictions in accordance with the relative amounts
such jurisdictions received under part A of title I of
the Elementary and Secondary Education Act of 1965 for
the preceding fiscal year.
``(3) State plans.--In order for a State to receive a grant
or an allocation of funds under this part for any fiscal year,
such State shall have in effect for such fiscal year a State
plan. Such plan shall--
``(A) designate the State educational agency (as
such term is defined in section 14101 of the Elementary
and Secondary Education Act of 1965) as the State
agency responsible for the administration of the
program assisted under this part;
``(B) set forth a program under which funds paid to
the State in accordance with this section will be
expended solely for--
``(i) acquiring certain telecommunications
and related services under subsection (a); and
``(ii) administration of the State plan,
except that the amount used for administration
of the State plan in any fiscal year shall not
exceed 2 percent of the amount available to
such State under this section for such fiscal year;
``(C) set forth criteria to be used in allotting
funds among the eligible entities in the State, taking
into consideration the relative economic need of the
eligible entities, including the number of students or
other persons who are--
``(i) living in areas with high
concentrations of low-income families;
``(ii) from or part of a low-income family;
and
``(iii) living in sparsely populated areas;
and
``(D) contain assurance that funds paid to the
State in accordance with this section will be expended
in accordance with the regulations prescribed by the
Secretary under paragraph (5).
``(4) Terms and conditions.--Telecommunications and related
services and network capacity provided to a school, library, or
health care provider under this section may not be sold,
resold, or otherwise transferred by such user in consideration
for money or any other thing of value.
``(5) Rulemaking authority.--The Secretary (or the
Secretary's designee) shall prescribe such regulations as may
be necessary to establish qualifications and conditions to
carry out the provisions of this section. Such regulations
shall include criteria by which States shall determine, in the
case of any acquisition of telecommunications and related
services for elementary schools, secondary schools, and
libraries for educational purposes that includes the
installation of equipment within any such school or library,
whether the installation is essential to permit such school or
library to have access to advanced technologies.
``(6) Definitions.--For purposes of this section:
``(A) Elementary and secondary schools.--The terms
`elementary schools' and `secondary schools' have the
same meanings given those terms in paragraphs (14) and
(25), respectively, of section 14101 of the Elementary
and Secondary Education Act of 1965.
``(B) Health care provider.--The term `health care
provider' includes--
``(i) post-secondary educational
institutions offering health care instructions,
teaching hospitals, and medical schools;
``(ii) community health centers or health
centers providing health care to migrants;
``(iii) local health departments or
agencies;
``(iv) community mental health centers;
``(v) not-for-profit hospitals;
``(vi) rural health clinics; and
``(vii) consortia of health care providers
consisting of 1 or more of the above described
entities.
``(C) Eligible entities.--Notwithstanding
subparagraph (A) or (B), no entity shall be entitled to
receive grants authorized under this section if such
entity operates as other than a not-for-profit
business, is a school described in subparagraph (A)
with an endowment of more than $50,000,000, or is a
library or library consortium not eligible for
assistance from a State library administrative agency
under the Library Services and Technology Act.
``(b) Expenditure Authority.--
``(1) Appropriations from trust fund.--
``(A) Authorization.--Subject to subparagraphs (B)
and (C), there are authorized to be appropriated from
the Telecommunications Technology Trust Fund,
established pursuant to section 9511 of the Internal
Revenue Code of 1986, such funds as may be necessary
for each of the fiscal years 1999 through 2003 to
fund--
``(i) the grants authorized by section
(a)(1); and
``(ii) such expenditures as may be
necessary to administer the programs
established by this section.
``(B) Limitation based on collections.--No amount
may be appropriated pursuant to subparagraph (A) for a
fiscal year for grants pursuant to section (a)(1) that
in the aggregate exceed 100 percent of the trust fund
receipts credited to the Telecommunications Technology
Trust Fund with respect to the preceding fiscal year.
``(C) Fiscal year 1999 limitation.--The amount
appropriated under subparagraph (A) for fiscal year
1999 shall not exceed $1,700,000,000.
``(D) Unexpended balances.--Any balances in the
Telecommunications Technology Trust Fund after
deduction of the amount appropriated under subparagraph
(A) for any fiscal year are authorized to be
transferred to and deposited in the general fund of the
Treasury, to the extent so provided in an
appropriations Act.
``(2) Appropriations after expiration of tax receipts.--For
fiscal year 2004 and each of the succeeding fiscal years, there
are authorized to be appropriated, from funds in the Treasury
not otherwise appropriated, not to exceed $500,000,000 to
fund--
``(A) the grants authorized by section (a)(1); and
``(B) such expenditures as may be necessary to
administer the programs established by this section.''.
SEC. 6. EFFECTIVE DATES.
(a) Delayed Date.--The amendments made by sections 2 and 5 of this
Act shall be effective 180 days after the date of enactment of this
Act.
(b) Immediate Effect.--The amendments made by sections 3 and 4 of
this Act shall be effective on the date of enactment of this Act. | Schools and Libraries Internet Access Act - Amends the Communications Act of 1934 to repeal provisions authorizing the Federal Communications Commission to take certain actions to provide access to advanced telecommunications services for schools, health care providers, and libraries.
Amends the Internal Revenue Code to reduce the excise tax paid for telephone and other communications services to one percent (currently, three percent) of the total paid for such services beginning with bills rendered on or after January 1, 1999, and before October 1, 2003. Repeals such communications taxation provisions with respect to bills rendered on or after October 1, 2003.
Establishes in the Treasury the Telecommunications Technology Trust Fund and appropriates into such Fund all amounts received pursuant to the above taxation authority after December 31, 1998. Makes such funds available to carry out provisions of the National Telecommunications and Information Administration Organization Act (NTIAO) as added under this Act. Terminates this section on October 1, 2003.
Amends the NTIAO to direct the Secretary of Commerce to award a fiscal year grant to each State having an approved plan for the acquisition of telecommunications and related services for: (1) the provision of health care services by any public or nonprofit health care provider that serves persons residing in a rural area; or (2) elementary and secondary schools and libraries, for educational purposes. Provides for an allocation of State funding based on relative populations. Requires the State plan to take into consideration the relative economic need of the eligible entities, including the number of students living in low-income or sparsely populated areas. Authorizes appropriations from the Fund for FY 1999 through 2003 for such grants and administrative expenses. Authorizes appropriations for FY 2004 and thereafter for such purposes from general Treasury funds. | Schools and Libraries Internet Access Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pharmaceutical Research and
Manufacturers Accountability Act of 2005'' or the ``PhRMA Act of
2005''.
SEC. 2. CONCEALMENT OF SERIOUS ADVERSE DRUG EXPERIENCE.
(a) Penalty for Knowing Concealment of Serious Adverse Drug
Experience.--Section 303 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 333) is amended by adding at the end the following:
``(h) An individual who violates a provision of section 301 shall
be imprisoned for a term of a minimum of 20 years and a maximum of
life, fined not more than $2,000,000, or both, if--
``(1) the individual is employed as the chief executive
officer or a member of the senior executive management group of
the manufacturer of a drug; and
``(2) the violation involves, with respect to such drug,
knowing concealment by the individual of evidence of a serious
adverse drug experience (as that term is defined in section
505(o)).''.
(b) Annual Attestation by CEO Regarding Any Serious Adverse Drug
Experience.--The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.) is amended--
(1) in section 505 (21 U.S.C. 355), by adding at the end
the following:
``(o) Annual Attestation by CEO Regarding Any Serious Adverse Drug
Experience.--
``(1) Requirement.--For each drug for which an approval of
an application filed under subsection (b) or (j) is in effect,
the Secretary shall require the chief executive officer of the
manufacturer of the drug to submit a separate, written
attestation on an annual basis--
``(A) stating that the manufacturer has disclosed
to the Secretary all evidence of any serious adverse
drug experience related to the drug; and
``(B) describing the process by which the
manufacturer ensures that such disclosure has occurred.
``(2) Definitions.--For purposes of this subsection:
``(A) The term `evidence of any serious adverse
drug experience' includes any evidence of a serious
adverse drug experience that--
``(i) is obtained by the manufacturer
involved from any source of information,
foreign or domestic, including any information
obtained from a clinical trial conducted before
or after approval of the drug, from
postmarketing surveillance of the drug, or from
a postmarketing report by a physician; or
``(ii) is required by any provision of this
Act to be reported by the manufacturer to the
Secretary.
``(B) The term `serious adverse drug experience'
means an adverse drug experience occurring at any dose
that results in--
``(i) death, a life-threatening adverse
drug experience, inpatient hospitalization,
prolongation of existing hospitalization, a
persistent or significant disability or
incapacity, or a congenital anomaly or birth
defect; or
``(ii) a medical event that, based on
appropriate medical judgment, may jeopardize
the patient or subject and may require medical
or surgical intervention to prevent one of the
outcomes listed in clause (i).
``(3) Initial attestation.--The Secretary shall require
that the first attestation under this subsection for a drug be
submitted--
``(A) in the case of a drug for which approval of
an application filed under subsection (b) or (j) is in
effect on the date of the enactment of this subsection,
not later than 1 year after such date; and
``(B) in the case of any other drug, not later than
1 year after the the date of such approval for the
drug.
``(4) Failure to submit.--If the chief executive officer of
a manufacturer of a drug for which an approval of an
application filed under subsection (b) or (j) is in effect
fails to submit a timely attestation for the drug as required
by paragraph (1), the Secretary--
``(A) may issue an order withdrawing approval of
the application; and
``(B) shall not revoke such an order, or otherwise
approve or reinstate the application, unless--
``(i) the Secretary conducts a review of
the drug's safety;
``(ii) the Secretary determines that the
drug is safe for use; and
``(iii) the manufacturer reimburses the
Secretary for the costs of such review and
determination.
``(5) Supplemental information.--In conducting a review
under paragraph (4)(B)(i), the Secretary may require the
manufacturer of the drug involved to submit supplemental
information on the drug's safety.'';
(2) in section 301 (21 U.S.C. 331), by inserting at the end
the following:
``(hh) The failure to submit an attestation in accordance with
section 505(o).''; and
(3) in section 303 (21 U.S.C. 333), as amended by
subsection (a), by adding at the end the following:
``(i)(1) A person who violates section 301(hh) by failing to submit
an attestation in accordance with section 505(o) shall be fined--
``(A) in the case of an individual, in accordance with
title 18, United States Code; and
``(B) in the case of any other person, not more than
$1,000,000.
``(2) Each 30-day period during which such violation continues
shall constitute a separate offense.''.
(c) Deadline for Postmarketing Studies.--
(1) In general.--The Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 301 et seq.) is amended--
(A) in section 505 (21 U.S.C. 355), as amended by
subsection (b)(1), by adding at the end the following:
``(p) Deadline for Postmarketing Studies of Drugs.--
``(1) Requirement.--If the Secretary requires the
manufacturer or sponsor of a drug to conduct a postmaketing
study of the drug, the Secretary shall require the manufacturer
or sponsor to complete the study by a specified deadline.
``(2) Extension.--On request, the Secretary may extend a
deadline established under this subsection.'';
(B) in section 301 (21 U.S.C. 331), as amended by
subsection (b)(2), by inserting at the end the
following:
``(ii) The failure to complete a postmarketing study by the
deadline established by the Secretary for such study under section
505(p).''; and
(C) in section 303 (21 U.S.C. 333), as amended by
subsections (a) and (b)(3), by adding at the end the
following:
``(j) A person who violates section 301(ii) by failing to complete
a postmarketing study for a drug by the deadline established by the
Secretary for such study under section 505(p) shall be fined not more
than $5,000,000. Each 30-day period during which such violation
continues shall constitute a separate offense.''.
(2) Application.--The amendments made by this subsection
apply only with respect to a drug for which an application is
filed under subsection (b) or (j) of section 505 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 33) on or after the
date of the enactment of this Act.
(d) Prohibition Against Indemnification.--No person shall indemnify
the chief executive officer of a drug manufacturer or any other
individual for any fine incurred under the amendments made by this Act. | Pharmaceutical Research and Manufacturers Accountability Act of 2005 or the PhRMA Act of 2005 - Sets forth penalties for violations of acts prohibited under the Federal Food, Drug, and Cosmetic Act by an individual employed as the chief executive officer or as a member of the senior executive management group of the manufacturer of a drug, where the violation involves knowing concealment of evidence of a serious adverse drug experience.
Requires the Secretary of Health and Human Services to require the chief executive officer of the manufacturer of a Food and Drug Administration (FDA)-approved drug to annually: (1) attest that the manufacturer has disclosed to the Secretary all evidence of any serious adverse drug experience related to the drug; and (2) describe the process by which the manufacturer ensures that such disclosure has occurred. Allows the Secretary to withdraw an approval for such a drug for failure to provide such an attestation. Prohibits a chief executive officer of a manufacturer of such a drug from failing to provide such an attestation.
Requires the Secretary to direct a manufacturer or sponsor of a drug to complete any required postmarketing study of that drug by a specified deadline. Allows the Secretary to extend such a deadline. Sets forth penalties for failing to meet such a deadline. | To amend the Federal Food, Drug, and Cosmetic Act to provide enhanced criminal penalties for certain violations of the Act involving knowing concealment of evidence of a serious adverse drug experience, and for other purposes. |
SECTION 1. FINDINGS.
The Congress finds that--
(1) Ukraine allows its citizens the right and opportunity
to emigrate, free of any heavy tax on emigration or on the
visas or other documents required for emigration and free of
any tax, levy, fine, fee, or other charge on any citizens as a
consequence of the desire of such citizens to emigrate to the
country of their choice;
(2) Ukraine has been found to be in full compliance with
the freedom of emigration requirements under title IV of the
Trade Act of 1974 since 1997;
(3) since reestablishing independence in 1991, Ukraine has
taken important steps toward the creation of democratic
institutions and a free-market economy and, as a member state
of the Organization for Security and Cooperation in Europe
(OSCE), is committed to developing a system of governance in
accordance with the principles regarding human rights and
humanitarian affairs that are set forth in the Final Act of the
Conference on Security and Cooperation in Europe (also known as
the ``Helsinki Final Act'');
(4) Ukraine has shown progress towards meeting
international commitments and standards in its most recent
Parliamentary elections, recognizing that significant problems
remain, including shortcomings in the implementation of
Ukraine's election laws, illegal interference by public
authorities in the electoral process, and intimidation against
opposition contestants, activists, and voters.
(5) Ukraine is committed to addressing issues relating to
its national and religious minorities as a member state of the
OSCE and to adopting measures to ensure that persons belonging
to national minorities have full equality both individually and
communally;
(6) Ukraine has enacted legislation providing protection
against incitement to violence against persons or groups based
on national, racial, ethnic, or religious discrimination,
hostility, or hatred, including anti-Semitism, and has
committed itself, including through a letter to the President
of the United States, to ensuring freedom of religion and
preventing racial and ethnic intolerance and hatred;
(7) Ukraine has engaged in efforts to combat ethnic and
religious intolerance by cooperating with various United States
nongovernmental organizations;
(8) Ukraine is continuing the restitution of religious
properties, including religious and communal properties
confiscated from national and religious minorities during the
Soviet era, is facilitating the revival of those minority
groups, and is in the process of developing a legislative
framework for completing this process, as was confirmed in a
letter to the President of the United States;
(9) Ukraine has received normal trade relations treatment
since concluding a bilateral trade agreement with the United
States that entered into force on June 23, 1992;
(10) Ukraine is making progress toward accession to the
World Trade Organization, recognizing that many central issues
remain to be resolved, including commitments relating to
protection of intellectual property rights, tariff and excise
tax reductions for goods (including automobiles), trade in
services, agricultural subsidy levels, elimination of export
incentives for industrial goods, reform of customs procedures
and technical, sanitary, and phytosanitary measures, and
inclusion of trade remedy provisions;
(11) Ukraine has enacted some protections reflecting
internationally recognized labor rights, but serious gaps
remain both in the country's legal regime and its enforcement
record, with areas of particular concern including restrictions
on independent unions, interference in collective bargaining of
independent unions, and unsafe conditions at work;
(12) Ukraine has established exemplary relations with all
neighboring countries, and pursues a course of European
integration with a commitment to ensuring democracy and
prosperity for its citizens; and
(13) Ukraine has participated with the United States in its
peacekeeping operations in Europe and has provided important
cooperation in the global struggle against international
terrorism.
SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF 1974
TO UKRAINE.
(a) Presidential Determinations and Extensions of Nondiscriminatory
Treatment.--Notwithstanding any provision of title IV of the Trade Act
of 1974 (19 U.S.C. 2431 et seq.), the President may--
(1) determine that such title should no longer apply to
Ukraine; and
(2) after making a determination under paragraph (1) with
respect to Ukraine, proclaim the extension of nondiscriminatory
treatment (normal trade relations treatment) to the products of
that country.
(b) Termination of Application of Title IV.--On and after the
effective date of the extension under subsection (a)(2) of
nondiscriminatory treatment to the products of Ukraine--
(1) title IV of the Trade Act of 1974, except for section
406, shall cease to apply to that country; and
(2) section 406 of the Trade Act of 1974 shall apply to
Ukraine to the same extent as such section applies to a
Communist country.
SEC. 3. POLICY OF THE UNITED STATES.
It is the policy of the United States that the United States remain
fully committed to a multifaceted engagement with Ukraine, including
by--
(1) urging Ukraine to continue its current policy--
(A) of providing for the free emigration of its
citizens;
(B) of safeguarding religious liberty throughout
Ukraine;
(C) of enforcing existing Ukrainian laws at the
national and local levels to combat ethnic, religious,
and racial discrimination and violence; and
(D) of expanding the restitution of religious and
communal properties, including establishing a legal
framework for the completion of such restitution in the
future;
(2) working with Ukraine, including through the Secretary
of Labor and other appropriate executive branch officials, to
address the areas described in section 1(11) and ensuring that
progress is made in such areas as part of Ukraine's eligibility
for the Generalized System of Preferences under title V of the
Trade Act of 1974, as required by title V of that Act;
(3) ensuring that Ukraine's terms of accession to the World
Trade Organization provide meaningful market access
opportunities for United States businesses, farmers, and
workers, and promote adoption of market principles and policies
by Ukraine;
(4) ensuring that Ukraine makes substantial and meaningful
progress in enacting and enforcing the protection of
intellectual property before Ukraine joins the World Trade
Organization, and considering such progress as part of
Ukraine's eligibility for the Generalized System of Preferences
under title V of the Trade Act of 1974, as required by title V
of that Act; and
(5) continuing rigorous monitoring by the United States of
human rights issues in Ukraine, including the issues described
in paragraphs (1) and (2), providing assistance to
nongovernmental organizations and human rights groups involved
in human rights activities in Ukraine, and attempting to
establish annual discussions with Ukraine regarding those
issues, including the participation of United States and
Ukrainian nongovernmental organizations in such discussions.
SEC. 4. REPORTING REQUIREMENT.
The reports required by sections 102(b) and 203 of the
International Religious Freedom Act of 1998 (22 U.S.C. 6412(b) and
6433) shall include an assessment of the status of the issues described
in section 3(1). | Authorizes the President to extend nondiscriminatory treatment (normal trade relations treatment) to the products of the Ukraine.Declares that it is the policy of the United States to remain fully committed to a multifaceted engagement with the Ukraine, including by: (1) urging the Ukraine to continue its policy of providing for the free emigration of its citizens and recognizing human rights; and (2) ensuring that Ukraine's terms of accession to the World Trade Organization provide meaningful market access opportunities for U.S. businesses, farmers, and workers. | To authorize the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of Ukraine, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Buffalo Bayou National Heritage Area
Study Act''.
SEC. 2. NATIONAL PARK SERVICE STUDY REGARDING BUFFALO BAYOU, TEXAS.
(a) Findings.--The Congress finds the following:
(1) The area beginning at Shepherd Drive in west Houston,
Texas, and extending to the Turning Basin, commonly referred to as
the ``Buffalo Bayou'', made a unique contribution to the cultural,
political, and industrial development of the United States.
(2) The Buffalo Bayou is distinctive as the first spine of
modern industrial development in Texas and one of the first along
the Gulf of Mexico coast.
(3) The Buffalo Bayou played a significant role in the struggle
for Texas independence.
(4) The Buffalo Bayou developed a prosperous and productive
shipping industry that survives today.
(5) The Buffalo Bayou led in the development of Texas'
petrochemical industry that made Houston the center of the early
oil boom in America.
(6) The Buffalo Bayou developed a sophisticated shipping
system, leading to the formation of the modern day Houston Ship
Channel.
(7) The Buffalo Bayou developed a significant industrial base,
and served as the focal point for the new city of Houston.
(8) There is a longstanding commitment by the Buffalo Bayou
Partnership, Inc., to complete the Buffalo Bayou Trail along the
12-mile segment of the Buffalo Bayou.
(9) There is a need for assistance for the preservation and
promotion of the significance of the Buffalo Bayou as a system for
transportation, industry, commerce, and immigration.
(10) The Department of the Interior is responsible for
protecting the Nation's cultural and historical resources. There
are significant examples of such resources within the Buffalo Bayou
region to merit the involvement of the Federal Government in the
development of programs and projects, in cooperation with the
Buffalo Bayou Partnership, Inc., the State of Texas, and other
local and governmental entities, to adequately conserve, protect,
and interpret this heritage for future generations, while providing
opportunities for education and revitalization.
(b) Study.--
(1) In general.--The Secretary shall, in consultation with the
State of Texas, the City of Houston, and other appropriate
organizations, carry out a study regarding the suitability and
feasibility of establishing the Buffalo Bayou National Heritage
Area in Houston, Texas.
(2) Contents.--The study shall include analysis and
documentation regarding whether the Study Area--
(A) has an assemblage of natural, historic, and cultural
resources that together represent distinctive aspects of
American heritage worthy of recognition, conservation,
interpretation, and continuing use, and are best managed
through partnerships among public and private entities and by
combining diverse and sometimes noncontiguous resources and
active communities;
(B) reflects traditions, customs, beliefs, and folklife
that are a valuable part of the national story;
(C) provides outstanding opportunities to conserve natural,
historic, cultural, or scenic features;
(D) provides outstanding recreational and educational
opportunities;
(E) contains resources important to the identified theme or
themes of the Study Area that retain a degree of integrity
capable of supporting interpretation;
(F) includes residents, business interests, nonprofit
organizations, and local and State governments that are
involved in the planning, have developed a conceptual financial
plan that outlines the roles for all participants, including
the Federal Government, and have demonstrated support for the
concept of a national heritage area;
(G) has a potential management entity to work in
partnership with residents, business interests, nonprofit
organizations, and local and State governments to develop a
national heritage area consistent with continued local and
State economic activity; and
(H) has a conceptual boundary map that is supported by the
public.
(c) Boundaries of the Study Area.--The Study Area shall be
comprised of sites in Houston, Texas, in an area roughly bounded by
Shepherd Drive and extending to the Turning Basin, commonly referred to
as the ``Buffalo Bayou''.
(d) Submission of Study Results.--Not later than 3 years after
funds are first made available for this section, the Secretary shall
submit to the Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate a
report describing the results of the study.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Buffalo Bayou National Heritage Area Study Act - Requires the Secretary of the Interior, in consultation with the State of Texas, the City of Houston, and other appropriate organizations, to study the suitability and feasibility of establishing the Buffalo Bayou National Heritage Area in west Houston, Texas.Sets forth the requirements for such study, including analysis and documentation regarding whether the Study Area: (1) has resources that represent distinctive aspects of American heritage best managed though public/private partnerships; (2) has traditions and folklife reflective of valuable parts of the national story; (3) provides conservation, recreational, and educational opportunities; (4) contains resources supporting interpretation; (5) has a developed financial plan and a potential management entity; and (6) has a conceptual boundary supported by the public.Sets forth the boundaries of the Area. Requires the Secretary to report to the appropriate congressional committees within three years of receiving funding for this study,. | To authorize the Secretary of the Interior to study the suitability and feasibility of establishing the Buffalo Bayou National Heritage Area in west Houston, Texas. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Traveling Exotic Animal and Public
Safety Protection Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) conditions inherent to traveling performances,
including constant travel, temporary and collapsible
facilities, and the prolonged confinement and physical coercion
of animals, subject exotic and wild animals to compromised
welfare and chronic stress, and present public and worker
health and safety risks not adequately addressed by current
regulation;
(2) current regulatory oversight of traveling performances
is complex and costly, and these costs are not typically
recouped via licensing fees, but are left to the American
taxpayer;
(3) the frequent mobility of traveling performances
complicates oversight such that agencies and authorities cannot
properly monitor, evaluate, or follow through regarding the
condition of animals or facilities, or their history of
potential injuries, incidents, illnesses, violations, or other
issues, and so cannot properly protect animals, workers, or the
public;
(4) traveling exotic and wild animal performances use
collapsible, temporary, mobile facilities, which risk escape
and serious harm to animals, workers, and the public;
(5) traveling exotic and wild animal performances present
safety risks by permitting or not preventing public contact and
by displaying animals in inappropriate, uncontrolled areas in
dangerous proximity to humans and other animals;
(6) exotic and wild animals have intrinsic value; their
wild instincts and needs are unpredictable and are not
naturally suited to traveling performances, and they suffer as
a result of being unable to fulfill instinctive natural
behaviors;
(7) exotic and wild animals used in traveling performances
suffer severe and extended confinement, and, deprived of
natural movements and behaviors, are prone to chronic stress,
behavioral, health, and psychological problems;
(8) exotic and wild animals are forced to perform unnatural
tricks requiring extreme physical coercion, including, but not
limited to the use of food and water restrictions, electric
shock devices, bullhooks, metal bars, whips, shovels, and
pitchforks, among other abuses;
(9) it is not necessary to use exotic or wild animals in
traveling performances to experience the circus or similar
events;
(10) using exotic or wild animals as commodities traded for
traveling performances adds nothing to the understanding and
conservation of such animals and the natural environment, and
actually undermines conservation efforts necessary to protect
threatened and endangered species;
(11) it is not possible to provide or ensure public and
worker safety or appropriate physical and mental welfare for
exotic and wild animals under the traveling performance
business model, which inherently and significantly restricts
animals' natural movements and behaviors, and where abuse is
prevalent and oversight problematic;
(12) the use of exotic or wild animals in traveling
performances is or substantially affects interstate or foreign
commerce, or the free flow thereof; it is essential to regulate
such activities to assure animals' humane care and treatment;
and
(13) restricting the use of exotic and wild animals in
traveling performances is the most cost-effective and efficient
way to safeguard animals, workers, and the public.
SEC. 3. USE OF EXOTIC OR WILD ANIMALS IN TRAVELING PERFORMANCES.
Section 13 of the Animal Welfare Act (7 U.S.C. 2143) is amended by
adding at the end the following:
``(i)(1) No person shall cause a performance of, or allow for the
participation of, an exotic animal or wild animal in a traveling animal
act.
``(2) Paragraph (1) shall not apply to the use of an exotic animal
or wild animal--
``(A) in an exhibition at a nonmobile, permanent
institution, facility, zoo, or aquarium accredited by the
Association of Zoos & Aquariums or the Global Federation of
Animal Sanctuaries, or a wildlife sanctuary;
``(B) as part of an environmental education program by a
facility accredited by the Association of Zoos & Aquariums, if
the animal used for such purposes is not so used for more than
6 months in any year and is not kept in a mobile or traveling
housing facility for more than 12 hours in any day;
``(C) by a university, college, laboratory, or other
research facility registered with the Secretary pursuant to
section 6 for the purpose of conducting research;
``(D) in film, television, or advertising, if such use does
not involve a live animal exhibition conducted before a public
studio audience; or
``(E) in a rodeo.
``(3) Paragraph (1) shall not apply to domestic animals or farm
animals.
``(4) For the purposes of this subsection:
``(A) Cause a performance.--The term `cause a performance'
means to be responsible for a performance, to financially
benefit as an owner or operator from a performance, or to
sponsor a performance.
``(B) Domestic animal.--The term `domestic animal' means
any animal that is normally maintained as a companion or pet
animal in or near the household of the owner or person who
cares for the animal, such as a domestic dog (including a
service dog), domestic cat, ferret, gerbil, horse, mouse, rat,
guinea pig, rabbit, or hamster, but does not include any exotic
animal or wild animal.
``(C) Environmental education program.--The term
`environmental education program' means an animal exhibition
that is professionally designed to impart knowledge or
information for educational or conservation purposes about that
animal's natural behavior, habitat, life cycle, or similar
pedagogical information, conducted by an individual qualified
to impart such information, which does not include any
performance of behavior that does not naturally occur for that
animal in the wild state.
``(D) Exotic animal.--The term `exotic animal' means any
animal that is not a domestic animal or farm animal, that is
native to a foreign country or of foreign origin or character,
is not native to the United States, or was introduced from
abroad, whether wild-born or captive-bred, and any hybrid of
such an animal, including hybrid crosses with a domestic animal
or farm animal, including but not limited to animals such as--
``(i) cetartiodactyla (excepting alpacas, bison,
cattle, deer, elk, goats, llamas, reindeer, swine, and
sheep);
``(ii) felidae (excepting domestic cats);
``(iii) marsupialia;
``(iv) nonhuman primates;
``(v) perissodactyla (excepting horses, donkeys,
and mules);
``(vi) pinnipedia;
``(vii) proboscidea;
``(viii) ratites (excepting ostriches, emus, and
rheas); and
``(ix) ursidae.
``(E) Farm animal.--The term `farm animal' means any
domestic species of alpacas, cattle, sheep, swine, goats,
llamas, poultry, or horses, which are normally and have
historically, been kept and raised on farms in the United
States, and used or intended for use as food or fiber, or for
improving animal nutrition, breeding, management, or production
efficiency, or for improving the quality of food or fiber. This
term also includes animals such as rabbits, mink, and
chinchilla, when they are used solely for purposes of meat or
fur, and animals such as horses and llamas when used solely as
work and pack animals. The term does not include exotic animals
or wild animals.
``(F) Mobile or traveling housing facility.--The term
`mobile or traveling housing facility' means a transporting
vehicle such as a truck, car, trailer, airplane, ship, or
railway car, used to transport or house animals while traveling
to, from, or between locations for performance purposes.
``(G) Performance.--The term `performance' means any animal
act, circus, ride, carnival, parade, race, performance, or
similar undertaking in which animals are required to perform
tricks, give rides, or participate as accompaniments for the
entertainment, amusement, or benefit of an audience.
``(H) Traveling animal act.--The term `traveling animal
act' means any performance of animals where such animals are
transported to, from, or between locations for the purpose of
such performance, in a mobile or traveling housing facility.
``(I) Wild animal.--The term `wild animal' means any animal
that is not a domestic animal or farm animal, which is now or
has historically been found in the wild or in the wild state,
within the boundaries of the United States, its territories, or
possessions, whether wild-born or captive-bred, and any hybrid
of such an animal, including hybrid crosses with a domestic
animal or farm animal, including but not limited to animals
such as--
``(i) cetartiodactyla (excepting alpacas, bison,
cattle, deer, elk, goats, llamas, reindeer, swine, and
sheep);
``(ii) felidae (excepting domestic cats);
``(iii) marsupialia;
``(iv) perissodactyla (excepting horses, donkeys,
and mules);
``(v) pinnipedia;
``(vi) ratites (excepting ostriches, emus, and
rheas); and
``(vii) ursidae.
``(J) Wildlife sanctuary.--The term `wildlife sanctuary'
means an organization described in sections 170(b)(1)(A)(vi)
and 501(c)(3) of the Internal Revenue Code 1986 that does not--
``(i) engage in commercial trade in any exotic or
wild animal, including the sale of any animal, animal
part or derivative, offspring, photographic
opportunities, or public events for financial profit or
any other entertainment purpose;
``(ii) breed any exotic or wild animal;
``(iii) permit unescorted public visitation;
``(iv) permit direct contact between the public and
any exotic or wild animal; or
``(v) remove any exotic or wild animal from a
sanctuary or enclosure for exhibition or performance.
``(5) A person who fails to comply with this subsection shall be
subject to the enforcement and penalties provided for under sections
16, 19, and 29.''.
SEC. 4. RELATIONSHIP WITH OTHER LAW.
(a) This Act shall not be interpreted to--
(1) authorize the interstate transport of a threatened or
endangered species, which is prohibited under the Endangered
Species Act (16 U.S.C. 1538); or
(2) waive any requirement to comply with any regulation
issued under the Animal Welfare Act.
(b) The provisions of this Act shall be interpreted to be are in
addition to, and not in lieu of, any other laws protecting animal
welfare.
(c) This Act shall not be construed to limit any other Federal,
State, or local law or rule that more strictly protects the welfare of
animals.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date that
is 1 year after the date of the enactment of this Act. | Traveling Exotic Animal and Public Safety Protection Act This bill amends the Animal Welfare Act to establish a prohibition on the use of exotic or wild animals in performances (e.g., circus, ride, carnival, or parade) of a traveling animal act. The prohibition does not apply to the use of animals in: (1) zoos; (2) aquariums; (3) research facilities; (4) film, television, or advertising, if the performance is not before a public studio audience; or (5) rodeos. The prohibition also does not apply to domestic animals or farm animals. | Traveling Exotic Animal and Public Safety Protection Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Health Refinement Amendments of
2000''.
SEC. 2. ELIMINATION OF 15 PERCENT REDUCTION IN PAYMENT RATES UNDER THE
MEDICARE PROSPECTIVE PAYMENT SYSTEM FOR HOME HEALTH
SERVICES.
(a) In General.--Section 1895(b)(3)(A) of the Social Security Act
(42 U.S.C. 1395fff(b)(3)(A)), as amended by sections 302(b) and 303(f)
of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of
1999 (113 Stat. 1501A-359, 361), as enacted into law by section
1000(a)(6) of Public Law 106-113, is amended to read as follows:
``(A) Initial basis.--Under such system the
Secretary shall provide for computation of a standard
prospective payment amount (or amounts). Such amount
(or amounts) shall initially be based on the most
current audited cost report data available to the
Secretary and shall be computed in a manner so that the
total amounts payable under the system for the 12-month
period beginning on the date the Secretary implements
the system shall be equal to the total amount that
would have been made if the system had not been in
effect and if section 1861(v)(1)(L)(ix) had not been
enacted. Each such amount shall be standardized in a
manner that eliminates the effect of variations in
relative case mix and area wage adjustments among
different home health agencies in a budget neutral
manner consistent with the case mix and wage level
adjustments provided under paragraph (4)(A). Under the
system, the Secretary may recognize regional
differences or differences based upon whether or not
the services or agency are in an urbanized area.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the enactment of the Medicare, Medicaid,
and SCHIP Balanced Budget Refinement Act of 1999 (Public Law 106-113).
SEC. 3. ADDITIONAL PAYMENTS FOR OUTLIERS.
(a) In General.--Section 1895(b)(5) of the Social Security Act (42
U.S.C. 1395fff(b)(5)) is amended--
(1) by striking ``Outliers.--The Secretary'' and inserting
the following (and conforming the indentation of the succeeding
matter accordingly): ``Outliers.--
``(A) In general.--The Secretary''; and
(2) by adding at the end the following new subparagraph:
``(B) Temporary additional payments for outliers.--
For the purposes described in the first sentence of
subparagraph (A), there are authorized to be
appropriated from the trust funds (as defined in
section 1896(a)(8)) in appropriate part, as determined
by the Secretary, for each of fiscal years 2001 through
2005 an amount equal to $500,000,000. Such amounts
shall be in addition to amounts available for payment
under this section and shall not result in an reduction
of the standard prospective payment amount (or
amounts). In making payments under this subparagraph,
the Secretary shall use a loss-sharing ratio of 90
percent.''.
(b) Conforming Amendment.--Section 1895(b)(3)(C) of such Act (42
U.S.C. 1395fff(b)(3)(C)) is amended by striking ``paragraph (5)'' and
inserting ``paragraph (5)(A)''.
SEC. 4. ADDITIONAL PAYMENTS UNDER THE PROSPECTIVE PAYMENT SYSTEM FOR
SERVICES FURNISHED IN RURAL AREAS AND SECURITY SERVICES.
(a) Increase in Payment Rates for Rural Agencies.--Section 1895(b)
of the Social Security Act (42 U.S.C. 1395fff(b)) is amended by adding
at the end the following new paragraph:
``(7) Additional payment amount for services furnished in
rural areas.--In the case of home health services furnished in
a rural area (as defined in section 1886(d)(2)(D)),
notwithstanding any other provision of this subsection, the
amount of payment for such services is equal to 110 percent of
the payment amount otherwise made under this section (but for
this paragraph) for services furnished in a rural area.''.
(b) Additional Payment for Security Services.--Section 1895(b) of
such Act (42 U.S.C. 1395fff(b)(3)), as amended by subsection (a), is
further amended by adding at the end the following paragraph:
``(8) Additional payment for security services.--The
Secretary shall provide for an addition or adjustment to the
payment amount otherwise made under this section for the
reasonable cost (as defined in section 1861(v)(1)(A)) of
furnishing protective services to individuals furnishing home
health services under this title in areas where such
individuals are at risk of physical harm, as determined by the
Secretary.''.
(c) Inapplicability of Adjustments for Budget Neutrality.--Section
1895(b)(3) of such Act (42 U.S.C. 1395fff(b)(3)) is amended by adding
at the end the following new subparagraph:
``(D) No adjustment for additional payments for
rural services and security services.--The Secretary
shall not reduce the standard prospective payment
amount (or amounts) under this paragraph applicable to
home health services furnished during a period to
offset the increase in payments resulting from the
application of paragraph (7) (relating to services
furnished in rural areas) and paragraph (8) (relating
to costs of security services).''.
(d) Effective Date.--The amendments made by this section apply with
respect to items and services furnished on or after October 1, 2000.
SEC. 5. EXCLUSION OF NONROUTINE MEDICAL SUPPLIES UNDER THE PPS FOR HOME
HEALTH SERVICES.
(a) In General.--Section 1895 of the Social Security Act (42 U.S.C.
1395fff) is amended by adding at the end the following new subsection:
``(e) Exclusion of Nonroutine Medical Supplies.--
``(1) In general.--Notwithstanding the preceding provisions
of this section, in the case of all nonroutine medical supplies
(as defined by the Secretary) furnished by a home health agency
during a year (beginning with 2001) for which payment is
otherwise made on the basis of the prospective payment amount
under this section, payment under this section shall instead be
based on the lesser of--
``(A) the actual charge for the nonroutine medical
supply, or
``(B) the amount determined for such supply under
the applicable fee schedule under part B.
``(2) Budget neutrality adjustment.--The Secretary shall
provide for an appropriate proportional reduction in payments
under this section so that beginning with fiscal year 2001, the
aggregate amount of such reductions is equal to the aggregate
increase in payments (as estimated by the Secretary)
attributable to the exclusion effected under paragraph (1).''.
(b) Conforming Amendments.--(1) Section 1895(b)(1) of the Social
Security Act (42 U.S.C. 1395fff(b)(1)) is amended by striking ``The
Secretary'' and inserting ``Subject to subsection (e), the Secretary''.
(2) Sections 1842(b)(6)(F) and 1862(a)(21) of the Social Security
Act (42 U.S.C. 1395u(b)(6)(F); 1395y(a)(21)) are each amended by
striking ``(including medical supplies described in section 1861(m)(5),
but excluding durable medical equipment to the extent provided for in
such section)'' and inserting ``(other than medical supplies and
durable medical equipment described in section 1861(m)(5))''.
(c) Effective Date.--The amendments made by this section apply with
respect to items and services furnished on or after October 1, 2000.
SEC. 6. RULE OF CONSTRUCTION RELATING TO TELEHOMEHEALTH SERVICES.
(a) In General.--Section 1895(b) of such Act (42 U.S.C.
1395fff(b)(3)), as amended by section 3, is further amended by adding
at the end the following paragraph:
``(9) Rule of construction relating to telehomehealth
services.--
``(A) In general.--Nothing in this section, or in
section 4206(a) of the Balanced Budget Act of 1997 (42
U.S.C. 1395l note), shall be construed as preventing a
home health agency receiving payment under this section
from furnishing a home health service via a
telecommunications system. Each home health agency that
submits a cost report to the Secretary under this
section shall include, in such cost report, data with
respect to the costs incurred in furnishing home health
services to medicare beneficiaries via such
telecommunications systems.
``(B) Limitation.--The Secretary shall not consider
a home health service provided in the manner described
in subparagraph (A) to be a home health visit for
purposes of--
``(i) determining the amount of payment to
be made under this section; or
``(ii) any requirement relating to the
certification of a physician required under
section 1814(a)(2)(C).''.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
submit to Congress a report containing the recommendations of the
Secretary with respect to the feasibility and advisability of including
home health services furnished by telecommunications systems as a home
health service for purposes of--
(1) payment for such services under section 1895 of the
Social Security Act (42 U.S.C. 1395fff), and
(2) requirements with respect to physician certification of
the need for home health services under section 1814(a)(2)(C)
of such Act (42 U.S.C. 1395f(a)(2)(C)). | Directs the Secretary of Health and Human Services to report to Congress on the feasibility and advisability of including home health services furnished by telecommunications systems as a home health service. | Home Health Refinement Amendments of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Sanctions Against Iranian
Terrorism Act''.
SEC. 2. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO RESTRICT INVESTMENT
ACTIVITIES IN IRAN.
(a) Additional Authority.--Section 202 of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8532)
is amended as follows:
(1) Subsection (a) is amended--
(A) by striking ``should support'' and inserting
``should not interfere with''; and
(B) by striking ``in the energy sector of Iran''
and all that follows through ``United States'' and
inserting ``in the business sector in Iran, or
prohibits or limits any person from engaging in
investment activities in the business sector of Iran,
until such time as all Federal laws that either
expressly authorize or require the imposition of
sanctions by the Federal Government on Iran are
rescinded by an Act or Acts of Congress''.
(2) Subsection (b) is amended--
(A) by amending the subsection heading to read as
follows:
``(b) Authority To Restrict Investment in Iran.--'';
(B) by striking ``may adopt and enforce measures
that meet'' and inserting ``may--
``(1) adopt and enforce measures--
``(A) that meet'';
(C) by moving the remaining text of subsection (b)
4 ems to the right;
(D) by striking ``subsection (c).'' and inserting
``subsection (c); or''; and
(E) by adding at the end the following:
``(B) to prohibit or limit any person from engaging
in investment activities in Iran described in
subsection (c); and
``(2) enter into interstate compacts regarding measures
described in paragraph (1).
Enforcement of measures under this subsection may include the
imposition of disclosure and other transparency requirements to carry
out paragraph (1).''.
(3) Subsection (c) is amended--
(A) in paragraph (1)--
(i) by striking ``$20,000,000 or more in
the energy sector'' and inserting ``$10,000,000
or more--
``(A) in the energy sector'';
(ii) by moving the remaining text of
paragraph (1) 2 ems to the right; and
(iii) by adding at the end the following:
``(B) in any other business enterprise in Iran,
including an entity that is owned or controlled by the
Government of Iran; or''; and
(B) in paragraph (2)--
(i) by striking ``$20,000,000'' and
inserting ``$10,000,000''; and
(ii) by adding after ``energy sector of
Iran'' the following: ``or otherwise in a
business enterprise in Iran, including an
entity that is owned or controlled by the
Government of Iran''.
(4) Subsection (f) is amended to read as follows:
``(f) Nonpreemption; No Conflict With U.S. Foreign and
International Commerce Policy.--A measure of a State or local
government authorized under subsection (b), (i), or (j)--
``(1) is authorized and not preempted by any Federal law or
regulation, or any policy, agreement, or exercise of waiver
authority of the executive branch; and
``(2) is consistent with United States Federal policy,
including United States foreign policy.''.
(5) Subsection (g) is amended by adding at the end the
following:
``(3) Own or control.--The term `own or control' means,
with respect to an entity--
``(A) to hold more than 20 percent of the equity
interest by vote or value in the entity;
``(B) to hold a majority of seats on the board of
directors of the entity; or
``(C) to otherwise control the actions, policies,
or personnel decisions of the entity.''.
(6) Subsection (h) is amended--
(A) in paragraph (1), by striking ``or subsection
(i)'' and inserting ``and subsections (i) and (j)'';
and
(B) in paragraph (2), by striking ``subsection
(i)'' and inserting ``subsections (i) and (j)''.
(7) Subsection (i) is amended by adding at the end the
following:
``(3) Applicability of prior provisions.--Paragraphs (1)
and (2) apply with respect to this section as in effect on the
day before the effective date of the State Sanctions Against
Iranian Terrorism Act.''.
(8) Section 202 is further amended--
(A) by redesignating subsection (j) as subsection
(k); and
(B) by inserting after subsection (i) the
following:
``(j) Applicability of Amendments.--
``(1) In general.--Notwithstanding any other provision of
this section or any other provision of law, a State or local
government may enforce a measure (without regard to the
requirements of subsection (d), except as provided in paragraph
(2)) adopted by the State or local government before the date
of the enactment of the State Sanctions Against Iranian
Terrorism Act (other than a measure covered by subsection (i))
that--
``(A) provides for the divestment of assets of the
State or local government from, or prohibits the
investment of the assets of the State or local
government in, any person that the State or local
government determines, using credible information
available to the public, engages in investment
activities in Iran (determined without regard to
subsection (c)) or other business activities in Iran
that are identified in the measure; or
``(B) prohibits or limits any person from engaging
in investment activities in Iran described in
subsection (c).
``(2) Application of notice requirements.--A measure
described in paragraph (1) shall be subject to the requirements
of paragraphs (1) and (2) and the first sentence of paragraph
(3) of subsection (d) on and after the date that is 2 years
after the date of the enactment of the State Sanctions Against
Iranian Terrorism Act.''.
(b) Exemption From Sunset.--Section 401(a) of the Comprehensive
Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C.
855(a)) is amended, in the matter preceding paragraph (1), by striking
``sections 105 and 305'' and inserting ``sections 105, 202, and 305''.
(c) Conforming Amendments.--
(1) The heading for title II of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010 (22
U.S.C. 8531 et seq.) is amended to read as follows:
``TITLE II--RESTRICTIONS BY STATE AND LOCAL GOVERNMENTS ON INVESTMENT
ACTIVITIES IN IRAN''.
(2) The heading for section 202 of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010 (22
U.S.C. 8532) is amended to read as follows:
``SEC. 202. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO RESTRICT
INVESTMENT ACTIVITIES IN IRAN.''.
(3) The table of contents of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010 (22
U.S.C. 8501 et seq.) is amended--
(A) by amending the item relating to title II to
read as follows:
``TITLE II--RESTRICTIONS BY STATE AND LOCAL GOVERNMENTS ON INVESTMENT
IN IRAN'';
and
(B) by amending the item relating to section 202 to
read as follows:
``Sec. 202. Authority of State and local governments to restrict
investment activities in Iran.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply to measures adopted by
a State or local government on or after the date of the enactment of
this Act, except as provided in section 202(j) of the Comprehensive
Iran Sanctions, Accountability, and Divestment Act of 2010, as amended
by this Act. | State Sanctions Against Iranian Terrorism Act This bill amends the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 to specify that a state may, in addition to limiting investment in Iran's energy sector, prohibit or limit any person from engaging in specified investment activities in Iran. A state may also enter into interstate compacts to prohibit or limit such financial activities. Enforcement of such measures may include the imposition of disclosure and transparency requirements. The description of "investment activities" is revised to: (1) reduce the threshold for financial involvement from $20 million to $10 million; and (2) include, in addition to the energy sector, involvement in a business enterprise in Iran, including an entity owned or controlled by the Iranian government. The bill declares that a state or local government measure authorized pursuant to the Act is: (1) authorized and not preempted by any federal law or regulation, or any policy, agreement, or exercise of waiver authority of the executive branch; and (2) is consistent with U.S. federal policy, including U.S. foreign policy. A state or local government may enforce a measure adopted before the enactment of this Act that: (1) provides for the divestment of state or local assets from, or prohibits the investment of those assets in, any person that engages in investment activities in Iran or other business activities in Iran identified in the measure; or (2) prohibits or limits any person from engaging in investment activities in Iran. | State Sanctions Against Iranian Terrorism Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Streamline Vehicle Conversions
Act''.
SEC. 2. EMISSION CERTIFICATION REQUIREMENTS FOR AFTERMARKET CONVERSION
SYSTEMS.
Part A of title II of the Clean Air Act (42 U.S.C. 7521 et seq.) is
amended by adding at the end the following:
``SEC. 220. EMISSION CERTIFICATION REQUIREMENTS FOR AFTERMARKET
CONVERSION SYSTEMS.
``(a) Definitions.--In this section:
``(1) Aftermarket conversion system.--The term `aftermarket
conversion system' has the meaning given the term in section
85.502 of title 40, Code of Federal Regulations (as in effect
on the date of enactment of this section).
``(2) Aftermarket conversion test group.--The term
`aftermarket conversion test group' means a group of vehicles
or engines identified pursuant to subsection (b)(4) for the
purpose of testing aftermarket conversion systems.
``(b) Certificates of Conformity.--
``(1) In general.--In the case of an aftermarket conversion
system, the certificate of conformity issued by the
Administrator for 1 or more aftermarket conversion test
groups--
``(A) shall not expire; and
``(B) shall continue to apply in subsequent
calendar years.
``(2) Subsequent recertification.--No recertification of an
aftermarket conversion system shall be required with respect to
the aftermarket conversion test group covered by the
certificate.
``(3) Name changes.--The names of test groups covered by a
certificate of conformity described in paragraph (1) shall not
change from year to year.
``(4) Identification of multiple vehicle makes, models,
manufacturers, and standards.--For purposes of aftermarket
conversion, the Administrator shall--
``(A) establish criteria for use in identifying
similar vehicle makes, models, original equipment
manufacturers, emission standards, and different model
years that may be used under a single aftermarket
conversion test group; and
``(B) accept the aftermarket conversion test group
established under subparagraph (A) on an aftermarket
conversion system manufacturer application for a
certificate of conformity.
``(c) Carryover Certification for Additional Model Years.--At the
request of an aftermarket conversion system manufacturer, the
Administrator shall allow the submission of previous vehicle emission
test data and on-board diagnostic II system test data for the
certification of additional model year vehicles if the aftermarket
conversion system manufacturer is able to demonstrate that neither the
aftermarket conversion system nor the design and specifications of the
applicable vehicle model are substantially different, from those
identified in the original certificate of conformity, in a way that
could affect the compliance of the aftermarket conversion system.
``(d) Carry-Across Certification.--The Administrator shall
promulgate regulations to allow an aftermarket conversion system
manufacturer to use emission test data and on-board diagnostic II
system test data generated for a single certified test group to serve
as the basis for certifying additional test groups upon a showing that
the additional test groups are sufficiently similar, even if produced
by different original equipment manufacturers.
``(e) Use of Assigned Deterioration Factors.--A manufacturer of
aftermarket conversion systems may use deterioration factors assigned
by the Environmental Protection Agency without regard to any sales
limits imposed on small-volume manufacturers.
``(f) Waiver of Certain Testing Requirements.--In certifying an
aftermarket conversion system, the Administrator shall waive any
emission testing and nonexhaust emission testing requirements
pertaining to the fuel on which the vehicle or engine was originally
certified to run, if the aftermarket conversion system manufacturer is
able to demonstrate that waiving the testing requirements is
appropriate.
``(g) On-Board Diagnostic Requirements.--The Administrator shall
promulgate regulations applicable to on-board diagnostic systems for
aftermarket conversion systems that--
``(1) ensure that aftermarket conversion systems which are
equipped with on-board diagnostic systems are effective at
monitoring critical emission components;
``(2) take into account the inability of an aftermarket
conversion system manufacturer to access proprietary on-board
diagnostic technology of an original equipment manufacturer;
and
``(3) are sufficiently flexible to encourage the increased
use of alternative fueled vehicles.
``(h) Older Vehicles.--
``(1) In general.--Conversion of a vehicle outside of the
useful life of the vehicle, as specified on the certificate of
conformity of the original equipment manufacturer, to
alternative fuel operation shall not--
``(A) be considered to be tampering under section
203, if the aftermarket conversion system manufacturer
or the person performing the conversion is able to
demonstrate that the development and engineering
sophistication of the conversion technology is--
``(i) matched to an appropriate vehicle or
group of vehicles; and
``(ii) well-designed and installed in
accordance with good engineering judgment so
that the installation of the aftermarket
conversion system does not degrade emission
performance, as compared to the performance of
the vehicle or vehicles before the conversion;
or
``(B) require the issuance by the Administrator of
any certificate of conformity.
``(2) Label.--Upon conversion of a vehicle described in
paragraph (1), the person performing the conversion shall affix
to the motor vehicle a label that includes a statement that--
``(A) the vehicle has been equipped with an
aftermarket conversion system; and
``(B) the installation of that system occurred
outside of the useful life of the vehicle.
``(3) No preclusion of orders.--Nothing in this section
precludes the Administrator from issuing an order to prohibit
the manufacture, sale, distribution, or installation of an
aftermarket conversion system if the Administrator has evidence
that the installation of the aftermarket conversion system on a
vehicle outside of the useful life of the vehicle degrades
emission performance.''. | Streamline Vehicle Conversions Act - Amends the Clean Air Act to provide that a certificate of conformity issued by the Administrator of the Environmental Protection Agency (EPA) for one or more aftermarket conversion test groups with respect to an aftermarket conversion system (i.e., hardware installed on a light-duty or heavy-duty vehicle, light-duty truck, or heavy-duty engine that allows the vehicle or engine to operate on a fuel other than that which it was originally certified to use) shall not expire, shall continue to apply in subsequent calendar years, and shall not require recertification.
Requires the Administrator to: (1) establish criteria for use in identifying similar vehicle makes, models, original equipment manufacturers, emission standards, and different model years that may be used under a single test group; (2) accept such an established test group on an aftermarket conversion system manufacturer application for a certificate of conformity; and (3) allow the submission of previous vehicle emission test data for the certification of additional model year vehicles if the aftermarket conversion system manufacturer is able to demonstrate that neither the aftermarket conversion system nor the design and specifications of the applicable vehicle model are substantially different.
Directs the Administrator to promulgate regulations regarding on-board diagnostic systems for aftermarket conversion systems that: (1) ensure that such conversion systems that are equipped with on-board diagnostic systems are effective at monitoring critical emission components; (2) take into account the inability of an aftermarket conversion system manufacturer to access proprietary on-board diagnostic technology of an original equipment manufacturer; and (3) are sufficiently flexible to encourage the increased use of alternative fueled vehicles.
Sets forth provisions regarding the conversion of a vehicle outside of its useful life cycle. | A bill to amend the Clean Air Act to promote the certification of aftermarket conversion systems and thereby encourage the increased use of alternative fueled vehicles. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Native Veterans Land
Allotment Equity Act''.
SEC. 2. AMENDMENT TO ALLOW CERTAIN ALASKA NATIVE VETERAN LAND
ALLOTMENTS.
Section 41 of the Alaska Native Claims Settlement Act (43 U.S.C.
1629g) is amended as follows:
(1) Paragraphs (1) and (2) of subsection (a) are amended to
read as follows: ``(1) The period for filing allotments under
this Act shall end 3 years after the Secretary issues final
regulations under section 3 of the Alaska Native Veterans Land
Allotment Equity Act. A person described in paragraph (1) or
(2) of subsection (b) shall be eligible for an allotment of not
more than two parcels of Federal land totaling 160 acres or
less.
``(2)(A) Allotments may be selected from the following:
``(i) Vacant lands that are owned by the United States.
``(ii) Lands that have been selected or conveyed to the
State of Alaska if the State voluntarily relinquishes or
conveys to the United States the land for the allotment.
``(iii) Lands that have been selected or conveyed to a
Native Corporation if the Native Corporation voluntarily
relinquishes or conveys to the United States the land for the
allotment.
``(B) A Native Corporation may select an equal amount of acres of
appropriate Federal land within the State of Alaska to replace lands
voluntarily relinquished or conveyed by that Native Corporation under
subparagraph (A)(iii).
``(C) For security reasons, allotments may not be selected from--
``(i) lands within the right-of-way granted for the
TransAlaska Pipeline; or
``(ii) the inner or outer corridor of that right-of-way
withdrawal.''.
(2) Subsection (a)(3) is repealed.
(3) In subsection (b)(1), strike ``A person'' and insert
``Except as provided in paragraph (3), a person''.
(4) Subsection (b)(1)(B) is amended to read as follows:
``(B) is a veteran who served during the period between
August 5, 1964, and May 7, 1975, including such dates.''.
(5) Subsection (b)(2) is amended to read as follows:
``(2) If an individual who would otherwise have been eligible for
an allotment dies before applying for the allotment, an heir on behalf
of the estate of the deceased veteran may apply for and receive the
allotment.''.
(6) In subsection (b)(3), insert before the period the
following: ``, except for an heir who applies and receives an
allotment on behalf of the estate of a deceased veteran
pursuant to paragraph (2)''.
(7) Subsection (e) is amended to read as follows:
``(e) Regulations.--All regulations in effect immediately before
the enactment of subsection (f) that were promulgated under the
authority of this section shall be repealed in accordance with section
552(a)(1)(E) of the Administrative Procedure Act (5 U.S.C.
552(a)(1)(E))''.
(8) Add at the end the following new subsections:
``(f) Approval of Allotments.--(1) Subject to valid existing
rights, and except as otherwise provided in this subsection, not later
than 2 years after the date of the enactment of the Alaska Native
Veterans Land Allotment Equity Act, the Secretary shall approve an
application for allotments filed in accordance with subsection (a) and
issue a certificate of allotment which shall be subject to the same
terms, conditions, restrictions, and protections provided for such
allotments.
``(2) Upon receipt of an allotment application, but in any event
not later than 6 months after receiving such application, the Secretary
shall notify any person or entity having an interest in land
potentially adverse to the applicant of their right to initiate a
private contest or file a protest under existing Federal regulations.
``(3) Not later than 2 years after the date of the enactment of the
Alaska Native Veterans Land Allotment Equity Act, the Secretary shall--
``(A) if no contest or protest is timely filed, approve the
application pursuant to paragraph (1); or
``(B) if a contest or protest is timely filed, stay the
issuance of the certificate of allotment until the contest or
protest has been decided.
``(g) Reselection.--A person who made an allotment selection under
this section before the date of the enactment of Alaska Native Veterans
Land Allotment Equity Act may withdraw that selection and reselect
lands under this section if the lands originally selected were not
conveyed to that person before the date of the enactment of Alaska
Native Veterans Land Allotment Equity Act.''.
SEC. 3. REGULATIONS.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of the Interior shall issue final regulations to
implement the amendments made by this Act. | Alaska Native Veterans Land Allotment Equity Act - Amends provisions of the Alaska Native Claims Settlement Act (ANCSA) that allow certain Alaska Native Vietnam veterans to file for allotments of up to two parcels of federal land totaling up to 160 acres.
Eliminates the requirement that limits the allotments to lands that were vacant, unappropriated, and unreserved on the date when the person eligible for the allotment first used and occupied them. Allows allotments to be selected from vacant federal lands or lands that have been selected or conveyed to the state of Alaska or a Native Corporation, if the state or Corporation voluntarily relinquishes or conveys the land to the United States for allotment.
Limits the prohibition against conveying allotments to: (1) lands in the right-of-way granted for the TransAlaska Pipeline, or (2) the inner or outer corridor of that right-of-way withdrawal.
Limits the eligibility for allotments to veterans who served between August 5, 1964, and May 7, 1975. Allows an heir to apply for and receive the allotment.
Allows a Native Corporation to select an equal amount of acres of appropriate federal land in Alaska to replace lands voluntarily relinquished or conveyed to the United States for allotment.
Permits any person who made an allotment selection under ANCSA before this Act's enactment to withdraw it and reselect lands if those originally selected were not conveyed to that person before this Act's enactment. | To amend the Alaska Native Claims Settlement Act to provide for equitable allotment of lands to Alaska Native veterans. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Product Risk Reporting Act
of 2001''.
SEC. 2. REPAIR, REPLACEMENT, OR REFUND.
(a) Section 15(d) of the Consumer Product Safety Act (15 U.S.C.
2064(d)) is amended--
(1) by striking ``If'' in the first sentence and inserting
``Subject to the last 2 sentences of this subsection, if''; and
(2) by adding at the end the following: ``If the Commission
determines (after affording opportunity for an informal
hearing) that the action that the manufacturer, distributor, or
retailer has elected to take under paragraph (1), (2), or (3)
is not in the public interest, the Commission shall order the
manufacturer, distributor, or retailer to take whichever other
action specified in paragraph (1), (2), or (3) that the
Commission determines to be in the public interest. If the
Commission determines that both of the remaining actions
specified in paragraph (1), (2), or (3) are in the public
interest, the Commission shall order the manufacturer,
distributor, or retailer to take whichever of those actions the
manufacturer, distributor, or retailer elects.''.
(b) Section 15(b) of the Federal Hazardous Substances Act (15
U.S.C. 1274(b)) is amended--
(1) by striking ``If'' in the first sentence and inserting
``Subject to the last 2 sentences of this subsection, if''; and
(2) by adding at the end the following: ``If the Commission
determines (after affording opportunity for an informal
hearing) that the action that the manufacturer, distributor, or
dealer has elected to take under paragraph (1), (2), or (3) is
not in the public interest, the Commission shall order the
manufacturer, distributor, or dealer to take whichever other
action specified in paragraph (1), (2), or (3) that the
Commission determines to be in the public interest. If the
Commission determines that both of the remaining actions
specified in paragraph (1), (2), or (3) are in the public
interest, the Commission shall order the manufacturer,
distributor, or dealer to take whichever of those actions the
manufacturer, distributor, or dealer elects.''
(c) Section 15(c)(2) of the Federal Hazardous Substances Act (15
U.S.C. 1274(c)(2)) is amended--
(1) by striking ``If'' in the first sentence and inserting
``Subject to the last 2 sentences of this subsection, if''; and
(2) by adding at the end the following: ``If the Commission
determines (after affording opportunity for an informal
hearing) that the action that the manufacturer, distributor, or
dealer has elected to take under subparagraph (A), (B), or (C)
is not in the public interest, the Commission shall order the
manufacturer, distributor, or dealer to take whichever other
action specified in subparagraph (A), (B), or (C) that the
Commission determines to be in the public interest. If the
Commission determines that both of the remaining actions
specified in subparagraph (A), (B), or (C) are in the public
interest, the Commission shall order the manufacturer,
distributor, or dealer to take whichever of those actions the
manufacturer, distributor, or dealer elects.''.
SEC. 3. CIVIL PENALTIES.
(a) Section 20(a) of the Consumer Product Safety Act (15 U.S.C.
2069(a)) is amended to read as follows:
``(a) Amount of Penalty.--
``(1) Any person who knowingly violates section 19 shall be
subject to a civil penalty not to exceed $7,000 for each such
violation. Subject to paragraph (2), a violation of paragraph
(1), (2), (4), (5), (6), (7), (8), (9), (10), or (11) of
section 19(a) shall constitute a separate offense with respect
to each consumer product involved. A violation of section
19(a)(3) shall constitute a separate violation with respect to
each failure or refusal to allow or perform an act required
thereby, and, if such violation is a continuing one, each day
of such violation shall constitute a separate offense.
``(2) The second sentence of paragraph (1) shall not apply
to violations of paragraph (1) or (2) of section 19(a)--
``(A) if the person who violated such paragraph is
not the manufacturer or private labeler or a
distributor of the product involved, and
``(B) if such person did not have either--
``(i) actual knowledge that such person's
distribution or sale of the product violated
such paragraph; or
``(ii) notice from the Commission that such
distribution or sale would be a violation of
such paragraph.
``(3)(A) The penalty amount authorized in paragraph (1)
shall be adjusted for inflation by increasing the amount
referred to in paragraph (1) by the cost-of-living adjustment
for the preceding 5 years. Any increase determined under the
preceding sentence shall be rounded up to--
``(i) in the case of a penalty amount less than or
equal to $10,000, the nearest multiple of $1,000;
``(ii) in the case of a penalty amount greater than
$10,000, the nearest multiple of $5,000.
``(B) Not later than December 1, 2005, and December 1 of
each 5th calendar year thereafter, the Commission shall
prescribe and publish in the Federal Register the authorized
penalty amount that shall apply for violations that occur after
January 1 of the year immediately following such publication.
``(C) For purposes of subparagraph (A):
``(i) The term `Consumer Price Index' means the
Consumer Price Index for all urban consumers published
by the Department of Labor.
``(ii) The term `cost-of-living adjustment for the
preceding 5 years' means the percentage by which--
``(I) the Consumer Price Index for the
month of June of the calendar year preceding
the adjustment exceeds
``(II) the Consumer Price Index for the
month of June preceding the date on which the
maximum authorized penalty was last
adjusted.''.
(b) Section 5(c) of the Federal Hazardous Substances Act (15 U.S.C.
1264(c)) is amended to read as follows:
``(c) Civil Penalties.--
``(1) Any person who knowingly violates section 4 shall be
subject to a civil penalty not to exceed $7,000 for each such
violation. Subject to paragraph (2), a violation of subsection
(a), (b), (c), (d), (f), (g), (i), (j), or (k) of section 4
shall constitute a separate offense with respect to each
substance involved. A violation of section 4(e) shall
constitute a separate violation with respect to each failure or
refusal to allow or perform an act required by section 4(e),
and if such violation is a continuing one, each day of such
violation shall constitute a separate offense.
``(2) The second sentence of paragraph (1) of this
subsection shall not apply to violations of subsection (a) or
(c) of section 4--
``(A) if the person who violated such subsection is
not the manufacturer, importer, or private labeler or a
distributor of the substance involved; and
``(B) if such person did not have either--
``(i) actual knowledge that such person's
distribution or sale of the substance violated
such subsection, or
``(ii) notice from the Commission that such
distribution or sale would be a violation of
such subsection.
``(3) In determining the amount of any penalty to be sought
upon commencing an action seeking to assess a penalty for a
violation of section 4, the Commission shall consider the
nature of the substance, the severity of the risk of injury,
the occurrence or absence of injury, the amount of the
substance distributed, and the appropriateness of such penalty
in relation to the size of the business of the person charged.
``(4) Any civil penalty under this subsection may be
compromised by the Commission. In determining the amount of
such compromised penalty or whether it should be remitted or
mitigated and in what amount, the Commission shall consider the
appropriateness of such penalty to the size of the business of
the persons charged, the nature of the substance involved, the
severity of the risk of injury, the occurrence or absence of
injury, and the amount of the substance distributed. The amount
of such penalty when finally determined, or the amount agreed
on compromise, may be deducted from any sums owing by the
United States to the person charged.
``(5) As used in the first sentence of paragraph (1), the
term `knowingly' means--
``(A) having actual knowledge, or
``(B) the presumed having of knowledge deemed to be
possessed by a reasonable person who acts in the
circumstances, including knowledge obtainable upon the
exercise of due care to ascertain the truth of
representations.
``(6)(A) The penalty amount authorized in paragraph (1)
shall be adjusted for inflation by increasing the amount
referred to in paragraph (1) by the cost-of-living adjustment
for the preceding 5 years. Any increase determined under the
preceding sentence shall be rounded up to--
``(i) in the case of a penalty amount less than or
equal to $10,000, the nearest multiple of $1,000;
``(ii) in the case of a penalty amount greater than
$10,000, the nearest multiple of $5,000.
``(B) Not later than December 1, 2005, and December 1 of
each 5th calendar year thereafter, the Commission shall
prescribe and publish in the Federal Register the authorized penalty
amount that shall apply for violations that occur after January 1 of
the year immediately following such publication.
``(C) For purposes of subparagraph (A):
``(i) The term `Consumer Price Index' means the
Consumer Price Index for all urban consumers published
by the Department of Labor.
``(ii) The term `cost-of-living adjustment for the
preceding 5 years' means the percentage by which--
``(I) the Consumer Price Index for the
month of June of the calendar year preceding
the adjustment exceeds
``(II) the Consumer Price Index for the
month of June preceding the date on which the
maximum authorized penalty was last
adjusted.''.
SEC. 4. CRIMINAL PENALTIES.
(a) Section 21 of the Consumer Product Safety Act (15 U.S.C. 2070)
is amended to read as follows:
``(a) Any person who knowingly violates section 19 shall be fined
under title 18, United States Code, or be imprisoned not more than 1
year, or both, if such person is an individual, or fined under title
18, United States Code, if such person is an organization (as the term
`organization' is defined in section 18 of title 18, United States
Code). Any person who knowingly and willfully violates section 19 of
this Act shall be fined under title 18, United States Code, or be
imprisoned not more than 3 years, or both, if such person is an
individual, or fined under title 18, United States Code, if such person
is an organization.
``(b) Any individual director, officer, or agent of a corporation
who authorizes, orders, or performs any of the acts or practices
constituting in whole or in part a violation of subsection (a) shall be
subject to penalties under this section without regard to any penalties
to which that corporation may be subject under subsection (a).''.
(b) Section 5(a) of the Federal Hazardous Substances Act (15 U.S.C.
1264(a)) is amended to read as follows:
``(a) Criminal Penalties.--Any person who violates any of the
provisions of section 4 shall be guilty of a misdemeanor and shall on
conviction thereof be subject to a fine under title 18, United States
Code, or to imprisonment for not more than one year, or both, if such
person is an individual, or to a fine under title 18, United States
Code, if such person is an organization (as the term `organization' is
defined in section 18 of title 18, United States Code); but for
offenses committed willfully, or for second and subsequent offenses,
the penalty shall be imprisonment for not more than 3 years, or a fine
under title 18, United States Code, or both, if such person is an
individual, or a fine under title 18, United States Code, if such
person is an organization.''. | Consumer Product Risk Reporting Act of 2001 - Amends the Consumer Product Safety Act and the Federal Hazardous Substances Act to direct the Consumer Product Safety Commission, if a manufacturer, distributor, or retailer has elected to take a repair, replacement, or refund action with respect to a substantial product hazard that is not in the public interest, to order such manufacturer, distributor, or retailer to: (1) take whichever other action the Commission determines to be in the public interest; or (2) elect one or the other action if both alternatives are in the public interest.Increases the maximum civil penalty for each violation. Revises criminal penalties. | To amend the Consumer Product Safety Act and the Federal Hazardous Substances Act regarding repair, replacement, or refund actions, civil penalties, and criminal penalties under those Acts. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expanding Opportunities for Recovery
Act of 2014''.
SEC. 2. OPIOID ADDICTION TREATMENT.
(a) In General.--The Administrator of the Substance Abuse and
Mental Health Services Administration, acting through the Director of
the Center for Substance Abuse Treatment (in this section referred to
as the ``Administrator'') shall award grants to States to expand access
to clinically appropriate services for opioid abuse, dependence, or
addiction.
(b) Requirements.--As conditions on the receipt of a grant under
this section, a State shall agree to comply with the following:
(1) The grant will be administered through the head of the
State's primary agency responsible for programs and activities
relating to the treatment of substance abuse.
(2) The services through the grant will be evidence-based
such as medication-assisted treatment for substance use
disorder.
(3) The services through the grant will be provided
according to a physician or a clinician's recommendation to
ensure that individuals receive the optimal level of substance
use disorder treatment for the amount of time that is deemed
medically necessary.
(4) The services through the grant will be provided
exclusively to individuals--
(A) who lack health insurance; or
(B) whose health insurance--
(i) does not cover such services; or
(ii) places other barriers on the receipt
of such services, such as--
(I) limiting coverage of such
services to a certain period of time;
or
(II) imposing non-quantitative
treatment limitations that are more
stringent than treatment limitations
imposed on other medical conditions
(such as a requirement to use less
expensive services, like out-patient
treatment, prior to more expensive, but
physician-recommended services, such as
in-patient or residential treatment).
(5) The grant will not be used to pay or subsidize the cost
of more than 60 consecutive days of opioid abuse, dependence,
or addiction treatment in the case of any individual.
(c) Permissible Provision of Medications.--In expanding access to
clinically appropriate services for opioid abuse, dependence, or
addiction through a grant under this section, a State may provide for
the use of medications, in conjunction with other treatment, so long
as--
(1) the medications are lawfully marketed under the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.);
(2) are clinically indicated to address the abuse,
dependence, or addiction; and
(3) are offered consistent with consumer choice.
(d) Coordination.--The Administrator shall coordinate the program
under this section with the program for prevention and treatment of
substance abuse under subpart II of part B of title XIX of the Public
Health Service Act (42 U.S.C. 300x-21 et seq.).
(e) Evaluation; Dissemination of Information; Technical
Assistance.--
(1) In general.--The Administrator shall--
(A) require States receiving a grant under this
section to report appropriate outcome measures
associated with use of the grant, including any--
(i) decreases in substance use;
(ii) changes in retention in care;
(iii) connections to the next appropriate
level of care;
(iv) decreases in involvement with criminal
justice activities; and
(v) other outcome data as appropriate;
(B) require States receiving a grant under this
section to report data on individuals' length of time
under clinically appropriate addiction treatment, and
the use of medication-assisted treatment;
(C) evaluate the activities supported by grants
under this section;
(D) submit to the Congress and the Secretary, and
make publicly available on the Internet site of the
Substance Abuse and Mental Health Services
Administration, information about the results of such
evaluation; and
(E) offer technical assistance to States receiving
a grant under this section regarding activities funded
through the grant.
(2) Use of certain funds.--Of the funds appropriated to
carry out this section for any fiscal year, 5 percent shall be
available to carry out activities under this subsection. | Expanding Opportunities for Recovery Act of 2014 - Requires the Administrator of the Substance Abuse and Mental Health Services Administration to award grants to states to expand access to clinically appropriate services for opioid abuse or addiction. Requires states to use these grants to provide up to 60 consecutive days of services to individuals who otherwise would not have access to substance abuse services. | Expanding Opportunities for Recovery Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Math and Science Incentive Act of
2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States can have a secure and prosperous
future only by having a robust and inventive scientific and
technical enterprise.
(2) Such an enterprise will require the United States to
produce more scientists and engineers.
(3) The United States education system must do more to
encourage students at every level to study science and
mathematics and to pursue careers related to those fields.
(4) The current performance of United States students in
science and mathematics lags behind their international peers,
and not enough students are pursuing science and mathematics.
(5) The United States is still reaping the benefits of past
investments in research and development and education, but we
are drawing down that capital.
(6) The United States needs to recommit itself to
leadership in science, mathematics, and engineering, especially
as advances are being made in such areas as nanotechnology.
(7) A program of loan forgiveness designed to attract
students to careers in science, mathematics, engineering, and
technology, including teaching careers, can help the United
States maintain its technological leadership.
SEC. 3. ESTABLISHMENT OF PROGRAM.
(a) Program.--
(1) In general.--The Secretary shall carry out a program of
assuming the obligation to pay, pursuant to the provisions of
this Act, the interest on a loan made, insured, or guaranteed
under part B or D of title IV of the Higher Education Act of
1965 (20 U.S.C. 1071 et seq. and 1087a et seq.).
(2) Eligibility.--The Secretary may assume interest
payments under paragraph (1) only for a borrower who--
(A) has submitted an application in compliance with
subsection (d);
(B) obtained 1 or more loans described in paragraph
(1) as an undergraduate student;
(C) is a new borrower (within the meaning of
section 103(7) of the Higher Education Act of 1965 (20
U.S.C. 1003(7)) on or after the date of enactment of
this Act;
(D) is a teacher of science, technology,
engineering, or mathematics at an elementary school or
secondary school, or is a mathematics, science, or
engineering professional; and
(E) enters into an agreement with the Secretary to
complete 5 consecutive years of service in a position
described in subparagraph (D), starting on the date of
the agreement.
(3) Prior interest limitations.--The Secretary shall not
make any payments for interest that--
(A) accrues prior to the beginning of the repayment
period on a loan in the case of a loan made under
section 428H of the Higher Education Act of 1965 (20
U.S.C. 1078-8) or a Federal Direct Unsubsidized
Stafford Loan; or
(B) has accrued prior to the signing of an
agreement under paragraph (2)(E).
(4) Initial selection.--In selecting participants for the
program under this Act, the Secretary--
(A) shall choose among eligible applicants on the
basis of--
(i) the national security, homeland
security, and economic security needs of the
United States, as determined by the Secretary,
in consultation with other Federal agencies,
including the Departments of Labor, Defense,
Homeland Security, Commerce, and Energy, the
Central Intelligence Agency, and the National
Science Foundation; and
(ii) the academic record or job performance
of the applicant; and
(B) may choose among eligible applicants on the
basis of--
(i) the likelihood of the applicant to
complete the 5-year service obligation;
(ii) the likelihood of the applicant to
remain in science, mathematics, or engineering
after the completion of the service
requirement; or
(iii) other relevant criteria determined by
the Secretary.
(5) Availability subject to appropriations.--Loan interest
payments under this Act shall be subject to the availability of
appropriations. If the amount appropriated for any fiscal year
is not sufficient to provide interest payments on behalf of all
qualified applicants, the Secretary shall give priority to
those individuals on whose behalf interest payments were made
during the preceding fiscal year.
(6) Regulations.--The Secretary is authorized to prescribe
such regulations as may be necessary to carry out the
provisions of this section.
(b) Duration and Amount of Interest Payments.--The period during
which the Secretary shall pay interest on behalf of a student borrower
who is selected under subsection (a) is the period that begins on the
effective date of the agreement under subsection (a)(2)(E), continues
after successful completion of the service obligation, and ends on the
earlier of--
(1) the completion of the repayment period of the loan;
(2) payment by the Secretary of a total of $10,000 on
behalf of the borrower;
(3) if the borrower ceases to fulfill the service
obligation under such agreement prior to the end of the 5-year
period, as soon as the borrower is determined to have ceased to
fulfill such obligation in accordance with regulations of the
Secretary; or
(4) 6 months after the end of any calendar year in which
the borrower's gross income equals or exceeds 4 times the
national per capita disposable personal income (current
dollars) for such calendar year, as determined on the basis of
the National Income and Product Accounts Tables of the Bureau
of Economic Analysis of the Department of Commerce, as
determined in accordance with regulations prescribed by the
Secretary.
(c) Repayment to Eligible Lenders.--Subject to the regulations
prescribed by the Secretary pursuant to subsection (a)(6), the
Secretary shall pay to each eligible lender or holder for each payment
period the amount of the interest that accrues on a loan of a student
borrower who is selected under subsection (a).
(d) Application for Repayment.--
(1) In general.--Each eligible individual desiring loan
interest payment under this section shall submit a complete and
accurate application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require.
(2) Failure to complete service agreement.--Such
application shall contain an agreement by the individual that,
if the individual fails to complete the 5 consecutive years of
service required by subsection (a)(2)(E), the individual agrees
to repay the Secretary the amount of any interest paid by the
Secretary on behalf of the individual.
(e) Treatment of Consolidation Loans.--A consolidation loan made
under section 428C of the Higher Education Act of 1965 (20 U.S.C. 1078-
3), or a Federal Direct Consolidation Loan made under part D of title
IV of such Act (20 U.S.C. 1087a et seq.), may be a loan for which
interest is paid pursuant to this section only to the extent that such
loan amount was used by a borrower who otherwise meets the requirements
of this section to repay--
(1) a loan made under section 428 or 428H of such Act (20
U.S.C. 1078 and 1078-8); or
(2) a Federal Direct Stafford Loan, or a Federal Direct
Unsubsidized Stafford Loan, made under part D of title IV of
such Act (20 U.S.C. 1087a et seq.).
(f) Prevention of Double Benefits.--No borrower may, for the same
service, receive a benefit under both this section and--
(1) any loan forgiveness program under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); or
(2) subtitle D of title I of the National and Community
Service Act of 1990 (42 U.S.C. 12571 et seq.).
SEC. 4. DEFINITIONS.
As used in this Act--
(1) the term ``Secretary'' means the Secretary of
Education; and
(2) the term ``mathematics, science, or engineering
professional'' means a person who--
(A) holds a baccalaureate, masters, or doctoral
degree (or a combination thereof) in science,
mathematics, or engineering; and
(B) works in a field the Secretary determines is
closely related to that degree, which shall include
working as a professor at a 2- or 4-year institution of
higher education.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as may be necessary for fiscal year 2006 and for each of the 5
succeeding fiscal years. | Math and Science Incentive Act of 2005 - Directs the Secretary of Education to carry out a program of assuming the obligation to pay up to $10,000 of interest on certain student loans under the Higher Education Act of 1965, for certain borrowers who agree to serve for five years as: (1) teachers of science, technology, engineering or mathematics at an elementary or secondary school; or (2) mathematics, science or engineering professionals.
Requires that selection of program participants from among eligible applicants be based on: (1) U.S. national security, homeland security, and economic security needs; and (2) the applicant's academic record or job performance. Allows other factors to be considered in such selection. | A bill to preserve mathematics- and science-based industries in the United States. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Energy Tax Extenders
Act''.
SEC. 2. RENEWABLE ENERGY CREDIT.
(a) 10-Year Extension.--Each of the following provisions of section
45(d) of the Internal Revenue Code of 1986 is amended by striking
``January 1, 2009'' and inserting ``January 1, 2019'':
(1) Paragraph (1).
(2) Clauses (i) and (ii) of paragraph (2)(A).
(3) Clauses (i)(I) and (ii) of paragraph (3)(A).
(4) Paragraph (4).
(5) Paragraph (5).
(6) Paragraph (6).
(7) Paragraph (7).
(8) Subparagraphs (A) and (B) of paragraph (9).
(b) Expansion of Biomass Facilities.--
(1) Open-loop biomass facilities.--Paragraph (3) of section
45(d) of the Internal Revenue Code of 1986 is amended by
redesignating subparagraph (B) as subparagraph (C) and by
inserting after subparagraph (A) the following new
subparagraph:
``(B) Expansion of facility.--Such term shall
include a new unit placed in service after the date of
the enactment of this subparagraph in connection with a
facility described in subparagraph (A), but only to the
extent of the increased amount of electricity produced
at the facility by reason of such new unit.''.
(2) Closed-loop biomass facilities.--Paragraph (2) of
section 45(d) of such Code is amended by redesignating
subparagraph (B) as subparagraph (C) and inserting after
subparagraph (A) the following new subparagraph:
``(B) Expansion of facility.--Such term shall
include a new unit placed in service after the date of
the enactment of this subparagraph in connection with a
facility described in subparagraph (A)(i), but only to
the extent of the increased amount of electricity
produced at the facility by reason of such new unit.''.
(c) Modification of Rules for Hydropower Production.--Subparagraph
(C) of section 45(c)(8) of such Code is amended to read as follows:
``(C) Nonhydroelectric dam.--For purposes of
subparagraph (A), a facility is described in this
subparagraph if--
``(i) the hydroelectric project installed
on the nonhydroelectric dam is licensed by the
Federal Energy Regulatory Commission and meets
all other applicable environmental, licensing,
and regulatory requirements,
``(ii) the nonhydroelectric dam was placed
in service before the date of the enactment of
this paragraph and operated for flood control,
navigation, or water supply purposes and did
not produce hydroelectric power on the date of
the enactment of this paragraph, and
``(iii) the hydroelectric project is
operated so that the water surface elevation at
any given location and time that would have
occurred in the absence of the hydroelectric
project is maintained, subject to any license
requirements imposed under applicable law that
change the water surface elevation for the
purpose of improving environmental quality of
the affected waterway.
The Secretary, in consultation with the Federal Energy
Regulatory Commission, shall certify if a hydroelectric
project licensed at a nonhydroelectric dam meets the
criteria in clause (iii). Nothing in this section shall
affect the standards under which the Federal Energy
Regulatory Commission issues licenses for and regulates
hydropower projects under part I of the Federal Power
Act.''.
(d) Effective Date.--
(1) Extension.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
property originally placed in service after December 31, 2008.
(2) Expansion of biomass facilities.--The amendments made
by subsection (d) shall apply to property placed in service
after the date of the enactment of this Act.
SEC. 3. PRODUCTION CREDIT FOR ELECTRICITY PRODUCED FROM MARINE
RENEWABLES.
(a) In General.--Paragraph (1) of section 45(c) of the Internal
Revenue Code of 1986 is amended by striking ``and'' at the end of
subparagraph (G), by striking the period at the end of subparagraph (H)
and inserting
``, and'', and by adding at the end the following new subparagraph:
``(I) marine and hydrokinetic renewable energy.''.
(b) Marine Renewables.--Subsection (c) of section 45 of such Code
is amended by adding at the end the following new paragraph:
``(10) Marine and hydrokinetic renewable energy.--
``(A) In general.--The term `marine and
hydrokinetic renewable energy' means energy derived
from--
``(i) waves, tides, and currents in oceans,
estuaries, and tidal areas,
``(ii) free flowing water in rivers, lakes,
and streams,
``(iii) free flowing water in an irrigation
system, canal, or other man-made channel,
including projects that utilize nonmechanical
structures to accelerate the flow of water for
electric power production purposes, or
``(iv) differentials in ocean temperature
(ocean thermal energy conversion).
``(B) Exceptions.--Such term shall not include any
energy which is derived from any source which utilizes
a dam, diversionary structure (except as provided in
subparagraph (A)(iii)), or impoundment for electric
power production purposes.''.
(c) Definition of Facility.--Subsection (d) of section 45 of such
Code is amended by adding at the end the following new paragraph:
``(11) Marine and hydrokinetic renewable energy
facilities.--In the case of a facility producing electricity
from marine and hydrokinetic renewable energy, the term
`qualified facility' means any facility owned by the taxpayer--
``(A) which has a nameplate capacity rating of at
least 150 kilowatts, and
``(B) which is originally placed in service on or
after the date of the enactment of this paragraph and
before January 1, 2019.''.
(d) Credit Rate.--Subparagraph (A) of section 45(b)(4) of such Code
is amended by striking ``or (9)'' and inserting ``(9), or (11)''.
(e) Coordination With Small Irrigation Power.--Paragraph (5) of
section 45(d) of such Code, as amended by section 1, is amended by
striking ``January 1, 2019'' and inserting ``the date of the enactment
of paragraph (11)''.
(f) Effective Date.--The amendments made by this section shall
apply to electricity produced and sold after the date of the enactment
of this Act, in taxable years ending after such date.
SEC. 4. ENERGY CREDIT.
(a) Extension of Credit.--
(1) Solar energy property.--Paragraphs (2)(A)(i)(II) and
(3)(A)(ii) of section 48(a) of the Internal Revenue Code of
1986 are each amended by striking ``January 1, 2009'' and
inserting ``January 1, 2019''.
(2) Fuel cell property.--Subparagraph (E) of section
48(c)(1) of such Code is amended by striking ``December 31,
2008'' and inserting ``December 31, 2018''.
(3) Microturbine property.--Subparagraph (E) of section
48(c)(2) of such Code is amended by striking ``December 31,
2008'' and inserting ``December 31, 2018''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 5. CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY.
(a) Extension.--Section 25D(g) of the Internal Revenue Code of 1986
is amended by striking ``December 31, 2008'' and inserting ``December
31, 2018''.
(b) Credit for Geothermal Heat Pump Systems.--
(1) In general.--Section 25D(a) of such Code is amended by
striking ``and'' at the end of paragraph (2), by striking the
period at the end of paragraph (3) and inserting ``, and'', and
by adding at the end the following new paragraph:
``(4) 30 percent of the qualified geothermal heat pump
property expenditures made by the taxpayer during such year.''.
(2) Limitation.--Section 25D(b)(1) of such Code is amended
by striking ``and'' at the end of subparagraph (B), by striking
the period at the end of subparagraph (C) and inserting ``,
and'', and by adding at the end the following new subparagraph:
``(D) $2,000 with respect to any qualified
geothermal heat pump property expenditures.''.
(3) Qualified geothermal heat pump property expenditure.--
Section 25D(d) of such Code is amended by adding at the end the
following new paragraph:
``(4) Qualified geothermal heat pump property
expenditure.--
``(A) In general.--The term `qualified geothermal
heat pump property expenditure' means an expenditure
for qualified geothermal heat pump property installed
on or in connection with a dwelling unit located in the
United States and used as a residence by the taxpayer.
``(B) Qualified geothermal heat pump property.--The
term `qualified geothermal heat pump property' means
any equipment which--
``(i) uses the ground or ground water as a
thermal energy source to heat the dwelling unit
referred to in subparagraph (A) or as a thermal
energy sink to cool such dwelling unit, and
``(ii) meets the requirements of the Energy
Star program which are in effect at the time
that the expenditure for such equipment is
made.''.
(4) Maximum expenditures in case of joint occupancy.--
Section 25D(e)(4)(A) of such Code is amended by striking
``and'' at the end of clause (ii), by striking the period at
the end of clause (iii) and inserting ``, and'', and by adding
at the end the following new clause:
``(iv) $6,667 in the case of any qualified
geothermal heat pump property expenditures.''.
(c) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2008.
SEC. 6. ALTERNATIVE MOTOR VEHICLE CREDIT.
(a) Extension.--Subsection (j) of section 30B of the Internal
Revenue Code of 1986 (relating to termination of credit) is amended to
read as follows:
``(j) Termination.--This section shall not apply to any property
purchased after December 31, 2018.''.
(b) Repeal of Limitation on Number of New Qualified Hybrid and
Advanced Lean-Burn Technology Vehicles Eligible for Credit.--Section
30B of such Code is amended by striking subsection (f).
(c) Effective Dates.--
(1) Extension.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.
(2) Repeal of limitation.--The amendment made by subsection
(b) shall apply to vehicles manufactured after December 31,
2008. | Renewable Energy Tax Extenders Act - Amends the Internal Revenue Code to extend through 2018 the tax credit for producing electricity from certain renewable resources (e.g., wind, biomass, solar energy, small irrigation power, landfill gas, trash combustion, and hydropower facilities). Includes marine and hydrokinetic renewable energy as a renewable resource for purposes of such credit.
Extends through 2018: (1) the energy tax credit for solar energy, fuel cell, and microturbine property; and (2) the tax credit for residential energy efficient property expenditures. Allows a 30% residential energy efficiency tax credit for the installation of geothermal heat pump systems.
Extends through 2018 the alternative motor vehicle tax credit. Eliminates the limitation on the number of new qualified hybrid and advanced lean-burn technology vehicles eligible for such credit. | To amend the Internal Revenue Code of 1986 to extend certain renewable energy provisions for 10 years, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Worker Safety Act''.
SEC. 2. REVIEW OF STATE OCCUPATIONAL SAFETY AND HEALTH PLANS.
Section 18 of the Occupational Safety and Health Act (29 U.S.C.
668) is amended--
(1) by amending subsection (f) to read as follows:
``(f)(1) The Secretary shall, on the basis of reports submitted by
the State agency and the Secretary's own inspections, make a continuing
evaluation of the manner in which each State that has a plan approved
under this section is carrying out such plan. Such evaluation shall
include an assessment of whether the State continues to meet the
requirements of subsection (c) of this section and any other criteria
or indices of effectiveness specified by the Secretary in regulations.
Whenever the Secretary finds, on the basis of such evaluation, that in
the administration of the State plan there is a failure to comply
substantially with any provision of the State plan (or any assurance
contained therein), the Secretary shall make an initial determination
of whether the failure is of such a nature that the plan should be
withdrawn or whether the failure is of such a nature that the State
should be given the opportunity to remedy the deficiencies, and provide
notice of the Secretary's findings and initial determination.
``(2) If the Secretary makes an initial determination to reassert
and exercise concurrent enforcement authority while the State is given
an opportunity to remedy the deficiencies, the Secretary shall afford
the State an opportunity for a public hearing within 15 days of such
request, provided that such request is made not later than 10 days
after Secretary's notice to the State. The Secretary shall review and
consider the testimony, evidence, or written comments, and not later
than 30 days following such hearing, make a determination to affirm,
reverse, or modify the Secretary's initial determination to reassert
and exercise concurrent enforcement authority under sections 8, 9, 10,
13, and 17 with respect to standards promulgated under section 6 and
obligations under section 5(a). Following such a determination by the
Secretary, or in the event that the State does not request a hearing
within the time frame set forth in this paragraph, the Secretary may
reassert and exercise such concurrent enforcement authority, while a
final determination is pending under paragraph (3) or until the
Secretary has determined that the State has remedied the deficiencies
as provided under paragraph (4). Such determination shall be published
in the Federal Register. The procedures set forth in section 18(g)
shall not apply to a determination by the Secretary to reassert and
exercise such concurrent enforcement authority.
``(3) If the Secretary makes an initial determination that the plan
should be withdrawn, the Secretary shall provide due notice and the
opportunity for a hearing. If based on the evaluation, comments, and
evidence, the Secretary makes a final determination that there is a
failure to comply substantially with any provision of the State plan
(or any assurance contained therein), he shall notify the State agency
of the withdrawal of approval of such plan and upon receipt of such
notice such plan shall cease to be in effect, but the State may retain
jurisdiction in any case commenced before the withdrawal of the plan in
order to enforce standards under the plan whenever the issues involved
do not relate to the reasons for the withdrawal of the plan.
``(4) If the Secretary makes a determination that the State should
be provided the opportunity to remedy the deficiencies, the Secretary
shall provide the State an opportunity to respond to the Secretary's
findings and the opportunity to remedy such deficiencies within a time
period established by the Secretary, not to exceed 1 year. The
Secretary may extend and revise the time period to remedy such
deficiencies, if the State's legislature is not in session during this
1 year time period, or if the State demonstrates that it is not
feasible to correct the deficiencies in the time period set by the
Secretary, and the State has a plan to correct the deficiencies within
a reasonable time period. If the Secretary finds that the State agency
has failed to remedy such deficiencies within the time period specified
by the Secretary and that the State plan continues to fail to comply
substantially with a provision of the State plan, the Secretary shall
withdraw the State plan as provided for in paragraph (3).''; and
(2) by adding at the end the following new subsection:
``(i) Not later than 18 months after the date of enactment of this
subsection, and every 5 years thereafter, the Comptroller General shall
complete and issue a review of the effectiveness of State plans to
develop and enforce safety and health standards to determine if they
are at least as effective as the Federal program and to evaluate
whether the Secretary's oversight of State plans is effective. The
Comptroller General's evaluation shall assess--
``(1) the effectiveness of the Secretary's oversight of
State plans, including the indices of effectiveness used by the
Secretary;
``(2) whether the Secretary's investigations in response to
Complaints About State Plan Administration (CASPA) are
adequate, whether significant policy issues have been
identified by headquarters and corrective actions are fully
implemented by each State;
``(3) whether the formula for the distribution of funds
described in section 23(g) to State programs is fair and
adequate;
``(4) whether State plans are as effective as the Federal
program in preventing occupational injuries, illnesses and
deaths, and investigating discrimination complaints, through an
evaluation of at least 20 percent of approved State plans, and
which shall cover--
``(A) enforcement effectiveness, including handling
of fatalities, serious incidents and complaints,
compliance with inspection procedures, hazard
recognition, verification of abatement, violation
classification, citation and penalty issuance,
including appropriate use of willful and repeat
citations, and employee involvement;
``(B) inspections, the number of programmed health
and safety inspections at private and public sector
establishments, and whether the State targets the
highest hazard private sector work sites and facilities
in that State;
``(C) budget and staffing, including whether the
State is providing adequate budget resources to hire,
train and retain sufficient numbers of qualified staff,
including timely filling of vacancies;
``(D) administrative review, including the quality
of decisions, consistency with Federal precedence,
transparency of proceedings, decisions and records are
available to the public, adequacy of State defense, and
whether the State appropriately appeals adverse
decisions;
``(E) antidiscrimination, including whether
discrimination complaints are processed in a timely
manner, whether supervisors and investigators are
properly trained to investigate discrimination
complaints, whether a case file review indicates merit
cases are properly identified consistent with Federal
policy and procedure, whether employees are notified of
their rights, and whether there is an effective process
for employees to appeal the dismissal of a complaint;
``(F) program administration, including whether the
State's standards and policies are at least as
effective as the Federal program and are updated in a
timely manner, and whether National Emphasis Programs
that are applicable in such States are adopted and
implemented in a manner that is at least as effective
as the Federal program;
``(G) whether the State plan satisfies the
requirements for approval set forth in this section and
its implementing regulations; and
``(H) other such factors identified by the
Comptroller General, or as requested by the Committee
on Education and Labor of the House of Representatives
or the Committee on Health, Education, Labor, and
Pensions of the Senate.''. | Ensuring Worker Safety Act - Amends the Occupational Safety and Health Act to revise requirements for the Secretary of Labor's continuing evaluation of approved state occupational safety and health plans.
Requires: (1) the review of state plans to include an assessment of whether a state continues to meet certain conditions for the approval of such plans; and (2) the Secretary to determine whether a state that fails to comply substantially with the provisions of a plan should be given the opportunity to remedy such deficiencies. Prescribes general requirements for the provision to a state of such an opportunity.
Requires the Comptroller General periodically to review and assess: (1) whether state plans to develop and enforce safety and health standards are at least as effective as federal occupational safety and health (OSHA) program standards in preventing occupational injuries, illnesses and deaths, and investigating discrimination complaints; (2) the effectiveness of the Secretary's oversight of such plans; and (3) the adequacy of the Secretary's investigations in response to Complaints About State Plan Administration (CASPA) as well as whether policy issues have been identified and corrective actions fully implemented by each state. | To require a heightened review process by the Secretary of Labor of State occupational safety and health plans, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mental Health and Substance Abuse
Juvenile Services Improvement Act of 2007''.
SEC. 2. MENTAL HEALTH SERVICES FOR CHILDREN, ADOLESCENTS, AND THEIR
FAMILIES.
Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.)
is amended by inserting after section 520A the following:
``SEC. 520B. MENTAL HEALTH SERVICES FOR CHILDREN, ADOLESCENTS, AND
THEIR FAMILIES.
``(a) In General.--In cooperation with the Secretary of Education,
the Secretary of Health and Human Services shall support either
directly or through grants, contracts, or cooperative agreements with
public entities programs to promote mental health among all children,
from birth through adolescence, and their families and to provide early
intervention services to ameliorate identified mental health problems
in such children.
``(b) Equitable Distribution.--The Secretary shall provide for an
equitable distribution of grants, contracts, and cooperative agreements
by region, to include urban, suburban, and rural regions, including
Native American communities.
``(c) Priority.--In awarding grants, contracts, and cooperative
agreements under this section, the Secretary shall give priority to
those applicants who--
``(1) provide a comprehensive, community-based, culturally
competent and developmentally appropriate prevention and early
intervention program that provides for the identification of
early mental health problems and promotes the mental health and
enhances the resiliency of children from birth through
adolescence and of their families;
``(2) incorporate families, schools, and communities in an
integral role in the program;
``(3) coordinate behavioral health care services,
interventions, and supports in traditional and non-traditional
settings and provide a continuum of care for children from
birth through adolescence and for their families;
``(4) provide public health education to improve the
public's understanding of healthy emotional development;
``(5) provide training, technical assistance, consultation,
and support for community service providers, school personnel,
families, and children to promote healthy emotional development
and enhance resiliency in children from birth through
adolescence;
``(6) increase the resources available to such programs and
provide for their sustainability by requiring a commitment on
the part of local communities in which the programs provide
services;
``(7) provide for the evaluation of programs operating
under this section to ensure that they are providing intended
services in an efficient and effective manner; and
``(8) provide school-based mental health assessment and
treatment services conducted by a mental health professional
(who may be a school counselor, school nurse, school
psychologist, clinical psychologist, or school social worker)
in public elementary or secondary schools.
``(d) Matching Requirement.--A condition for an award under
subsection (a) is that the entity involved agrees that the entity will,
with respect to the costs to be incurred by the entity in carrying out
the purpose described in such subsection, 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 $1
for each $3 of Federal funds provided in the award.
``(e) Durations of Grants.--With respect to an award under
subsection (a), the period during which payments under such award are
made to the recipient may not exceed 5 years.
``(f) Evaluation.--The Secretary shall ensure that entities
receiving awards under subsection (a) carry out an evaluation of the
project, including an evaluation of the effectiveness of program
strategies, and short, intermediate, and long-term outcomes including
the program's overall impact on strengthening families with young
children and creating environments in home, school, and community
settings that promote healthy emotional development and reduce
incipient mental health and substance abuse problems. Local educational
agencies receiving such awards shall ensure that the schools receiving
these funds maintain an average ratio of one certified or licensed--
``(1) school counselor for every 150 students;
``(2) school nurse for every 350 students;
``(3) school psychologist for every 500 students; and
``(4) school social worker for every 400 students.
``(g) Definitions.--For purposes of this section:
``(1) The term `mental health' means a state of successful
performance of mental function, resulting in productive
activities, fulfilling relationships with other people, and the
ability to adapt to change and cope with adversity.
``(2) The term `mental illness' refers to all diagnosable
mental disorders (health conditions characterized by
alterations in thinking, mood, or behavior or some combination
thereof) associated with distress or impaired functioning or
both.
``(3) The term `mental health problem' refers to symptoms
of insufficient intensity or duration to meet the criteria for
any mental disorder.
``(4)(A) The term `mental health professional' refers to a
qualified counselor, nurse, psychologist, or social worker.
``(B) The terms `school counselor', `school nurse', `school
psychologist', and `school social worker' mean an individual
who possesses licensure or certification in the State involved,
and who meets professional standards for practice in schools
and related settings, as a school counselor, school nurse,
school psychologist, or school social worker, respectively.
``(5) The term `public entity' means any State, any
political subdivision of a State, including any local
educational agency, and any Indian tribe or tribal organization
(as defined in section 4(b) and section 4(c) of the Indian
Self-Determination and Education Assistance Act).
``(h) Authorization of Appropriation.--There are authorized to be
appropriated to carry out this section $300,000,000 for fiscal year
2008 and such sums as are necessary for each of fiscal years 2009 and
2010. These funds are authorized to be used to carry out the provisions
of this section and cannot be utilized to supplement or supplant
funding provided for other mental health services programs.''.
SEC. 3. INITIATIVE FOR COMPREHENSIVE, INTERSYSTEM MENTAL HEALTH AND
SUBSTANCE ABUSE TREATMENT PROGRAMS FOR JUVENILES.
Subpart 3 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb-31 et seq.) is amended by adding at the end the following:
``SEC. 520K INITIATIVE FOR COMPREHENSIVE, INTERSYSTEM MENTAL HEALTH AND
SUBSTANCE ABUSE TREATMENT PROGRAMS FOR JUVENILES.
``(a) In General.--The Attorney General of the United States and
the Secretary, acting through the Director of the Center for Mental
Health Services, shall award competitive grants to eligible entities
for programs that address the service needs of juveniles, including
juveniles with serious mental illnesses, by requiring the State or
local juvenile justice system, the mental health system, and the
substance abuse treatment system to work collaboratively to ensure--
``(1) the appropriate diversion of such juveniles from
incarceration;
``(2) the provision of appropriate mental health and
substance abuse services as an alternative to incarceration,
including for those juveniles on probation or parole; and
``(3) the provision of follow-up services for juveniles who
are discharged from the juvenile justice system.
``(b) Eligibility.--To be eligible to receive a grant under this
section, an entity shall--
``(1) be a State or local juvenile justice agency, mental
health agency, or substance abuse agency (including community
diversion programs);
``(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require, including--
``(A) an assurance that the applicant has the
consent of all entities described in paragraph (1) in
carrying out and coordinating activities under the
grant; and
``(B) with respect to services for juveniles, an
assurance that the applicant has collaborated with the
State or local educational agency and the State or
local welfare agency in carrying out and coordinating
activities under the grant;
``(3) be given priority if the entity submits its
application jointly with juvenile justice and substance abuse
or mental health agencies; and
``(4) ensure that funds from non-Federal sources are
available to match amounts provided under the grant in an
amount that is not less than--
``(A) with respect to the first 3 years under the
grant, 10 percent of the amount provided under the
grant; and
``(B) with respect to the fourth and fifth years
under the grant, 30 percent of the amount provided
under the grant.
``(c) Use of Funds.--
``(1) Initial year.--An entity that receives a grant under
this section shall, in the first fiscal year in which amounts
are provided under the grant, use such amounts to develop a
collaborative plan--
``(A) describing how the entity will institute a
system to provide intensive community services--
``(i) to prevent high-risk juveniles from
coming in contact with the justice system; and
``(ii) to meet the mental health and
substance abuse treatment needs of juveniles on
probation or recently discharged from the
justice system; and
``(B) providing for the exchange by agencies of
information to enhance the provision of mental health
or substance abuse services to juveniles.
``(2) Second through fifth years.--With respect to the
second through fifth fiscal years in which amounts are provided
under the grant, the grantee shall use amounts provided under
the grant--
``(A) to furnish services, such as assertive
community treatment, wrap-around services for
juveniles, multisystemic therapy, outreach, integrated
mental health and substance abuse treatment, case
management, health care, education and job training,
assistance in securing stable housing, finding a job or
obtaining income support, other benefits, access to
appropriate school-based services, transitional and
independent living services, mentoring programs, home-
based services, and provision of appropriate after-
school and summer programming;
``(B) to establish a network of boundary spanners
to conduct regular meetings with judges, provide
liaison with mental health and substance abuse workers,
share and distribute information, and coordinate with
mental health and substance abuse treatment providers
and probation or parole officers concerning provision
of appropriate mental health and drug and alcohol
addiction services for individuals on probation or
parole;
``(C) to provide cross-system training among
police, corrections, and mental health and substance
abuse providers with the purpose of enhancing
collaboration and the effectiveness of all systems;
``(D) to provide coordinated and effective after-
care programs for juveniles with emotional or mental
disorders who are discharged from jail, prison, or
juvenile facilities;
``(E) to purchase technical assistance to achieve
the grant project's goals; and
``(F) to furnish services, to train personnel in
collaborative approaches, and to enhance intersystem
collaboration.
``(3) Definition.--In paragraph (2)(B), the term `boundary
spanners' means professionals who act as case managers for
juveniles with mental disorders and substance abuse addictions,
within both justice agency facilities and community mental
health programs and who have full authority from both systems
to act as problem solvers and advocates on behalf of
individuals targeted for service under this program.
``(d) Area Served by the Project.--An entity receiving a grant
under this section shall conduct activities under the grant to serve at
least a single political jurisdiction.
``(e) Authorization of Appropriations.--For each of fiscal years
2008 through 2013, there is authorized to be appropriated an amount
equal to 10 percent of the amount appropriated under section 1935(a)
for the respective fiscal year.''.
SEC. 4. FUNDING FOR EMERGENCY MENTAL HEALTH AND SUBSTANCE ABUSE
SERVICES FOR CHILDREN DIRECTLY AFFECTED BY PUBLIC HEALTH
EMERGENCIES.
(a) In General.--Section 501(m) of the Public Health Service Act
(42 U.S.C. 290aa(m)) is amended--
(1) in paragraph (1)--
(A) by striking ``2.5 percent'' and inserting ``5
percent''; and
(B) by striking ``paragraph (2)'' and inserting
``paragraphs (2) and (3)'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(3) by inserting after paragraph (1), the following:
``(2) Condition.--A condition of paragraph (1) is that 2.5
percent of the funds subject to paragraph (1) may only be
available for the provision of emergency mental health and
substance abuse treatment and prevention services to children
who are directly affected by public health emergencies,
including diseases or disorders that present such emergencies,
natural disasters, major transportation accidents,
technological disasters, and disasters resulting from
terrorism.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to grants provided on or after January 1, 2008.
SEC. 5. CRISIS RESPONSE GRANTS TO ADDRESS CHILDREN'S NEEDS.
Title III of the Public Health Service Act is amended by inserting
after section 319M (42 U.S.C. 247d-7d) the following:
``SEC. 319N. CRISIS RESPONSE GRANTS TO ADDRESS CHILDREN'S NEEDS.
``(a) In General.--The Secretary may award grants to eligible
entities described in subsection (b) to enable such entities to
increase the coordination and development of disaster preparedness
efforts relating to the needs of children.
``(b) Eligibility.--To be an eligible entity under this subsection,
an entity shall--
``(1) be a State, political subdivision of a State, a
consortium of 2 or more States or political subdivisions of
States, a public or private non-profit agency or organization,
or other organization that serves children as determined
appropriate by the Secretary; and
``(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
``(c) Use of Funds.--An entity shall use amounts received under a
grant under this section to carry out activities for the coordination
and development of disaster preparedness efforts relating to the
physical- and health-related needs of children.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
for fiscal year 2008.''. | Mental Health and Substance Abuse Juvenile Services Improvement Act of 2007 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to support programs to promote mental health among all children and their families and to provide early intervention services to ameliorate identified mental health problems in children. Requires the Secretary to provide an equitable distribution of such grants by region.
Directs the Attorney General and the Secretary, acting through the Director of the Center for Mental Health Services, to award grants for programs that address the service needs of juveniles by requiring the state or local juvenile system, the mental health system, and the substance abuse treatment system to work collectively to ensure: (1) the appropriate diversion of such juveniles from incarceration; (2) the provision of appropriate mental health and substance abuse services as an alternative to incarceration; and (3) the provision of follow-up services for juveniles who are discharged from the juvenile justice system.
Provides funding for the provision of emergency mental health and substance abuse treatment and prevention services to children who are directly affected by public health emergencies.
Allows the Secretary to award grants to enable eligible entities to increase the coordination and development of disaster preparedness efforts relating to the needs of children. | To amend the Public Health Service Act to improve mental health and substance abuse services for juveniles. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Compensation Equity Act of
2000''.
SEC. 2. CONCURRENT RECEIPT OF RETIRED PAY AND DISABILITY RETIREMENT FOR
VETERANS WHO RECEIVED THE PURPLE HEART.
(a) Concurrent Receipt.--Section 5304 of title 38, United States
Code, is amended--
(1) by adding at the end of subsection (a)(1) the following
new sentence: ``Notwithstanding the preceding sentence,
emergency officers', regular, or reserve retirement pay (other
than retired pay under chapter 61 of title 10) shall be paid to
a veteran concurrently with compensation for a service-
connected disability, without deduction from either the
retirement pay or the compensation, in the case of a veteran
who was awarded the Purple Heart and whose retirement pay is
based on service of 20 years or more.''; and
(2) by adding at the end the following new subsection:
``(d) Compensation paid by the Secretary for a service-connected
disability may not be considered in determining eligibility for any
other benefit under any provision of Federal, State, or local law and
may not be counted as income of the veteran or the veteran's family for
purposes of any provision of Federal, State, or local law for which
eligibility for any benefit or program is determined based upon
income.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to payments for periods beginning on or after the
date of the enactment of this Act.
SEC. 3. PRESERVATION OF VETERAN'S COMPENSATION BENEFIT FOR SURVIVING
SPOUSE.
(a) Compensation Benefit To Survive Death of Veteran.--Section 1311
of title 38, United States Code, is amended by adding at the end the
following new subsection:
``(f) Notwithstanding the preceding provisions of this section, the
rate of dependency and indemnity compensation paid for any month to the
surviving spouse of a veteran who was awarded the Purple Heart shall be
at the rate at which compensation under chapter 11 of this title would
be paid for that month to that veteran if the veteran were not deceased
(except that, for purposes of section 1115 of this title, such rate of
compensation shall be determined as if the veteran had no spouse).''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to payments for months beginning on or after the date of
the enactment of this Act.
SEC. 4. ANNUITIES UNDER SURVIVOR BENEFIT PLAN TO BE 100 PERCENT OF
RETIRED PAY BASE AMOUNT.
(a) Termination.--Section 1451 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking out ``shall be''
in the matter preceding subparagraph (A) and all that
follows in that paragraph and inserting in lieu thereof
``shall be the amount equal to 100 percent of the base
amount.''; and
(B) in paragraph (2), by striking out ``shall be''
in the matter preceding subparagraph (A) and all that
follows in that paragraph and inserting in lieu thereof
``shall be the amount equal to a percentage of the base
amount that--
``(A) is less than 100 percent; and
``(B) is determined under subsection (f).''; and
(2) in paragraph (1) of subsection (c), by striking out
``shall be'' in the matter preceding subparagraph (A) and all
that follows in that paragraph and inserting in lieu thereof
``shall be the amount equal to 100 percent of the retired pay
to which the member or former member would have been entitled
if the member or former member had been entitled to that pay
based upon his years of active service when he died.''.
(b) Repeal of Requirement for Reduction of Annuity at Age 62.--Such
section is further amended by striking out subsection (d).
(c) Repeal of Alternative Computation for Certain Beneficiaries for
Whom Social Security Offset Was More Beneficial Than Two-Tier
Computation.--Such section is further amended by striking out
subsection (e).
(d) Conforming Amendment.--Subsection (f) of such section is
amended by striking out ``(a)(2), (b)(2), or (e)(2)(B)'' and inserting
in lieu thereof ``(a)(2) or (b)(2)''.
(e) Effective Date.--The amendments made by this section shall
apply to payment of annuities for months that begin after the date of
the enactment of this Act.
(f) Recomputation of Existing Annuities.--In the case of a person
who is a beneficiary under the Survivor Benefit Plan established by
subchapter II of chapter 73 of title 10, United States Code, on the
date of the enactment of this Act, the Secretary concerned (as defined
in section 101 of title 37, United States Code) shall recompute the
amount of that person's annuity as necessary to reflect the amendments
made by this section. | Makes the rate of dependency and indemnity compensation (DIC) for the surviving spouse of a veteran who was awarded the Purple Heart the same as the rate of compensation for service-connected disability or death that would be paid to a veteran if the veteran were not deceased (thereby continuing the DIC payment beyond the veteran's death).
Makes annuities under the Survivor Benefit Plan 100 percent of the base amount. (Currently, such annuities are specified percentages of such base amount based on age.) Repeals: (1) the requirement for annuity reduction at age 62; and (2) an alternative computation of such annuity for certain beneficiaries. Requires the recomputation of existing annuities due to amendments made by this Act. | Veterans Compensation Equity Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Land Sovereignty Protection
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the power to dispose of and make all necessary rules
governing property belonging to the United States is vested in
Congress under section 3 of article IV of the Constitution;
(2) some Federal property designations under international
agreements concern land use policies and regulations for
property belonging to the United States that, under section 3
of article IV of the Constitution, can be implemented only by
an Act of Congress;
(3) some international property designations, such as those
under the United States Biosphere Reserve Program and the Man
and Biosphere Program of the United Nations Scientific,
Educational, and Cultural Organization, operate under
independent national committees, such as the United States
National Man and Biosphere Committee, that have no legislative
directive or authorization from Congress;
(4) actions by the United States in making such
designations may affect the use and value of nearby non-Federal
property;
(5) the sovereignty of the States is a critical component
of our Federal system of government and a bulwark against the
unwise concentration of power;
(6) private property rights are essential for the
protection of freedom;
(7) actions by the United States to designate property
belonging to the United States under international agreements
in some cases conflict with congressional constitutional
responsibilities and the sovereign powers of the States; and
(8) actions by the President in applying certain
international agreements to property owned by the United States
diminish the authority of Congress to make rules respecting the
property.
(b) Purposes.--The purposes of this Act are--
(1) to reaffirm the power of Congress under section 3 of
article IV of the Constitution over international agreements
that concern disposal, management, and use of property
belonging to the United States;
(2) to protect State powers not reserved to the Federal
Government under the Constitution from Federal actions
designating property under international agreements;
(3) to ensure that no United States citizen suffers any
diminishment or loss of individual rights as a result of
Federal action designating property under an international
agreement for the purpose of imposing restrictions on use of
the property;
(4) to protect private interests in property from
diminishment as a result of Federal action designating property
under international agreements; and
(5) to provide a process under which the United States may,
when it is desirable to do so, designate property under an
international agreement.
SEC. 3. CLARIFICATION OF CONGRESSIONAL ROLE IN WORLD HERITAGE SITE
LISTING.
Section 401 of the National Historic Preservation Act Amendments of
1980 (16 U.S.C. 470a-1) is amended--
(1) by striking ``Sec. 401. (a)'' and inserting the
following:
``SEC. 401. PARTICIPATION BY THE UNITED STATES.
``(a) In General.--'';
(2) in the first sentence of subsection (a)--
(A) by striking ``The Secretary of the Interior''
and inserting ``Subject to subsections (b), (c), (d),
and (e), the Secretary of the Interior (referred to in
this section as the `Secretary')''; and
(B) by inserting ``(referred to in this section as
the `Convention')'' after ``1973'';
(3) in subsection (b)--
(A) by striking ``(b) The Secretary of the
Interior'' and inserting ``(b) Nomination of Property
to World Heritage Committee.--The Secretary''; and
(B) in the fourth sentence--
(i) by striking ``Representatives and'' and
inserting ``Representatives,''; and
(ii) by inserting before the final period
``, and the appropriate State and local
governments'';
(4) in subsection (c), by striking ``(c) No non-Federal
property may be nominated by the Secretary of the Interior''
and inserting ``(c) Nomination of Non-Federal Property to World
Heritage Committee.--No non-Federal property may be nominated
by the Secretary''; and
(5) by adding at the end the following:
``(d) Requirements for Nomination of Properties.--The Secretary
shall not nominate a property under subsection (b) unless--
``(1) the Secretary publishes a proposed nomination in the
Federal Register and conducts a proceeding under sections 555,
556, and 557, of title 5, United States Code;
``(2) the Secretary, in carrying out the proceeding
described in paragraph (1)--
``(A) considers--
``(i) natural resources associated with the
property proposed to be nominated and other
property located within 10 miles of the
property to be nominated; and
``(ii) the impact that inclusion of the
property proposed to be nominated on the World
Heritage List would have on existing and future
uses of the property proposed to be nominated
or other property located within 10 miles of
the property to be nominated; and
``(B) determines that commercially viable uses (in
existence on the date of the nomination) of the
property proposed to be nominated and of other property
located within 10 miles of the property proposed to be
nominated will not be adversely affected by inclusion
of the property on the World Heritage List; and
``(3) the Secretary submits to Congress a report that--
``(A) contains the information described in
subparagraphs (A) and (B);
``(B) describes the necessity for including the
property on the list; and
``(C) proposes legislation authorizing nomination
of the property; and
``(4) the nomination is specifically authorized by an Act
of Congress enacted after the date of the report.
``(e) Objection to Inclusion of Property.--The Secretary shall
object to the inclusion of property in the United States on the list of
World Heritage in Danger established under Article 11.4 of the
Convention, unless--
``(1) the Secretary submits to Congress the report required
under subsection (d)(1)(C); and
``(2) the Secretary is specifically authorized to assent to
the inclusion of the property on the list by an Act of Congress
enacted after the date of submission of the report under
paragraph (1).
``(f) Decisionmaking.--Notwithstanding any provision of the
Convention, all land management decisions with respect to any Federal
or State land shall remain the responsibility of the land management
agency that administers the land.''.
SEC. 4. PROHIBITION AND TERMINATION OF UNAUTHORIZED UNITED NATIONS
BIOSPHERE RESERVES.
Title IV of the National Historic Preservation Act Amendments of
1980 (16 U.S.C. 470a-1 et seq.) is amended by adding at the end the
following:
``SEC. 403. PROHIBITION AND TERMINATION OF UNAUTHORIZED UNITED NATIONS
BIOSPHERE RESERVES.
``(a) In General.--No Federal official may nominate property in the
United States for designation as a Biosphere Reserve under the Man and
Biosphere Program of the United Nations Educational, Scientific, and
Cultural Organization unless--
``(1) the Secretary of State publishes a proposed
nomination in the Federal Register and conducts a proceeding
under sections 555, 556, and 557, of title 5, United States
Code;
``(2) the Secretary of State, in carrying out the
proceeding described in paragraph (1)--
``(A) considers--
``(i) natural resources associated with the
property proposed to be nominated and other
property located within 10 miles of the
property to be nominated; and
``(ii) the impact that inclusion of the
property proposed to be designated as a
Biosphere would have on existing and future
uses of the property proposed to be nominated
or other property located within 10 miles of
the property to be nominated;
``(B) determines that commercially viable uses (in
existence on the date of the nomination) of the
property proposed to be nominated and of other property
located within 10 miles of the property proposed to be
nominated will not be adversely affected by designation
of the property as a Biosphere; and
``(3) the Secretary of State submits to Congress a report
that--
``(A) contains the information described in
subparagraphs (A) and (B);
``(B) describes the necessity for including the
property in the program; and
``(C) proposes legislation authorizing nomination
of the property; and
``(4) the nomination is specifically authorized by an Act
of Congress enacted after the date of the report.
``(b) Objection to Inclusion of Property.--The Secretary of State
shall object to the designation of property in the United States as a
Biosphere Reserve under the Man and Biosphere Program of the United
Nations Educational, Scientific, and Cultural Organization, unless--
``(1) the Secretary of State submits Congress the report
required under subsection (a)(1)(C); and
``(2) the Secretary of State is specifically authorized to
assent to the inclusion of the property on the list by an Act
of Congress enacted after the date of submission of the report
under paragraph (1).
``(c) Properties Designated Before Date of Enactment.--Any
designation of property in the United States as a Biosphere Reserve
under the Man and Biosphere Program of the United Nations Educational,
Scientific, and Cultural Organization made before the date of enactment
of this section shall terminate on December 31, 2003, unless the
Biosphere Reserve--
``(1) is specifically authorized by a law enacted after the
date of enactment of this section and before December 31, 2003;
``(2) consists solely of property that on the date of
enactment of this section is owned by the United States; and
``(3) is subject to a management plan that specifically
ensures that the use of nearby non-Federal property is not
limited or restricted as a result of the designation.
``(d) Decisionmaking.--Notwithstanding any provision of the
Convention, all land management decisions with respect to any Federal
or State land shall remain the responsibility of the land management
agency that administers the land.''.
SEC. 5. TECHNICAL AMENDMENTS.
Title IV of the National Historic Preservation Act Amendments of
1980 (16 U.S.C. 470a-1 et seq.) is amended--
(1) in the last sentence of section 401(b), by striking
``Committee on Natural Resources'' and inserting ``Committee on
Resources''; and
(2) in section 402, by striking ``Sec. 402. Prior to the
approval'' and inserting the following:
``SEC. 402. MITIGATION OF ADVERSE EFFECTS OF FEDERAL UNDERTAKINGS
OUTSIDE THE UNITED STATES.
``Prior to the approval''. | American Land Sovereignty Protection Act - Amends the National Historic Preservation Act Amendments of 1980 to prohibit the Secretary of the Interior from nominating any non-federal property for inclusion on the World Heritage List unless the Secretary: (1) publishes a proposed nomination in the Federal Register and conducts required hearings; (2) considers natural resources in the area, as well as the impact that inclusion would have on existing and future property uses; (3) determines that commercially viable uses of the property and adjacent property within ten miles will not be adversely affected by inclusion; and (4) submits a report to Congress describing the necessity of such inclusion and proposing legislation authorizing such nomination.Requires the Secretary to object to inclusion of property on the World Heritage in Danger list unless the Secretary: (1) submits such report to Congress; and (2) is specifically authorized to assent to such inclusion by an Act of Congress.Prohibits any Federal official from nominating property for designation as a Biosphere Reserve unless the Secretary of State: (1) publishes such proposed nomination and conducts required hearings; (2) makes the same considerations and submits the same type of report as required of the Secretary for inclusion on the World Heritage List and the nomination is specifically authorized by an Act of Congress. Requires such Secretary to object to such a designation unless such report is submitted and such Secretary is specifically authorized to assent to such inclusion by an Act of Congress. Provides transitional provisions for property so designated before the enactment of this Act. | A bill to preserve the sovereignty of the United States over property owned by the United States, to preserve State sovereignty over and private property rights in non-Federal property surrounding Federal Property, and for other purposes. |
SECTION 1. SHORT TITLE, FINDINGS.
(a) Short Title.--This Act may be cited as ``Fire Safe Cigarette
Act of 1994''.
(b) Findings.--The Congress finds that--
(1) cigarette ignited fires are the leading cause of fire
deaths in the United States,
(2) in 1990 there were 1,200 deaths from cigarette ignited
fires, 3,360 civilian injuries from such fires, and $400
million in property damage caused by such fires,
(3) over 100 children are killed each year from cigarette
related fires,
(4) the results accomplished under the Cigarette Safety Act
of 1984 and the Fire Safe Cigarette Act of 1990 complete the
necessary technical work for a cigarette fire safety standard,
(5) it is appropriate for the Congress to require by law
the establishment of a cigarette fire safety standard for the
manufacture and importation of cigarettes,
(6) the most recent study by the Consumer Product Safety
Commission found that the cost of the loss of human life and
personal property from not having a cigarette fire safety
standard is $4,000,000,000 a year, and
(7) it is appropriate that the regulatory expertise of the
Consumer Product Safety Commission be used to implement a
cigarette fire safety standard.
SEC. 2. CIGARETTE FIRE SAFETY STANDARD.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Consumer Product Safety Commission shall by
rule issue a cigarette fire safety standard for cigarettes to reduce
the risk of ignition presented by cigarettes. In establishing the
standard the Commission shall--
(1) consult with the National Institute of Standards and
Technology and make use of its capabilities as it deems
necessary and seek the advice and expertise of other Federal
and State agencies engaged in fire safety, and
(2) take into account the final report to the Congress made
by the Commission and the Technical Advisory Group established
under section 3 of the Fire Safe Cigarette Act of 1990 in which
it was found that cigarettes with a low ignition propensity are
already on the market.
(b) Stockpiling.--The Commission shall include in the rule issued
under subsection (a) a prohibition of stockpiling of cigarettes to
which the standard issued under subsection (a) will not apply. For
purposes of this subsection, the term ``stockpile'' means the
manufacturing or importing of a cigarette between the date a standard
is issued under subsection (a) and the date the standard is to take
effect at a rate greater than the rate the cigarettes were manufactured
or imported for the one year period ending on the date the standard was
issued.
(c) Procedure.--The rule under subsection (a) shall be issued in
accordance with section 553 of title 5, United States Code.
(d) Effective Date.--The Commission shall prescribe the effective
date of the rule issued under subsection (a), except that such date may
not be later than 2 years after the date of the enactment of this Act.
(e) Judicial Review.--
(1) General rule.--Any person who is adversely affected by
a rule issued under subsection (a) may, at any time before the
60th day after the Commission issues the rule, file a petition
with the United States Court of Appeals for the District of
Columbia Circuit or for any other circuit in which such person
resides or has its principal place of business to obtain
judicial review of the rule. A copy of the petition shall be
forthwith transmitted by the clerk of the court to the
Secretary. The Commission shall file in the court the record of
the proceedings on which the Commission based the rule as
provided in section 2112 of title 28, United States Code.
(2) Additional evidence.--If the petitioner applies to the
court for leave to adduce additional evidence, and shows to the
satisfaction of the court that such additional evidence is
material and that there was no opportunity to adduce such
evidence in the proceeding before the Commission, the court may
order such additional evidence (and evidence in rebuttal
thereof) to be taken before the Commission in a hearing or in
such other manner, and upon such terms and conditions, as the
court deems proper. The Commission may modify the Commission's
findings as to the facts, or make new findings, by reason of
the additional evidence so taken, and the Commission shall file
such modified or new findings, and the Commission's
recommendations, if any, for the modification of the rule.
(3) Court jurisdiction.--Upon the filing of a petition
under paragraph (1), the court shall have jurisdiction to
review the rule of the Commission, as modified, in accordance
with chapter 7 of title 5, United States Code.
SEC. 3. ENFORCEMENT.
(a) Prohibition.--No person may manufacture or import a cigarette
unless the cigarette is in compliance with a cigarette fire safety
standard issued under section 2(a).
(b) Penalty.--A violation of subsection (a) shall be considered a
violation of section 19 of the Consumer Product Safety Act.
SEC. 4. PREEMPTION.
(a) In General.--This Act and the cigarette fire safety standard
promulgated under section 2(a) do not preempt or otherwise affect in
any way any law of a State or political subdivision which prescribes a
fire safety standard for cigarettes which is more stringent than the
standard promulgated under section 2(a).
(b) Defenses.--In any civil action for damages compliance with the
fire safety standard promulgated under section 2(a) may not be admitted
as a defense.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) The term ``Commission'' means the Consumer Product
Safety Commission.
(2) The term ``cigarette'' has the meaning prescribed by
section 3 of the Federal Cigarette Labeling and Advertising
Act. | Fire Safe Cigarette Act of 1994 - Directs the Consumer Product Safety Commission to issue by rule a fire safety standard for cigarettes. Prohibits stockpiling of cigarettes between the issuing and effective dates of the standard. Provides for judicial review of the standard. Prohibits manufacture or importing of cigarettes unless in compliance with such standard. States that this Act and the standard issued under it does not preempt any law of a State which prescribes a more stringent fire safety standard for cigarettes. | Fire Safe Cigarette Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ecstasy Prevention Act of 2001''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The illegal importation and use of 3,4-methylenedioxy
methamphetamine (referred to in this Act as ``MDMA'' or
``Ecstasy'') has increased more than 400 percent during the
past 3 years, as evidenced by Ecstasy seizures by the United
States Customs Service.
(2) Some research has indicated that the use of Ecstasy can
cause long-lasting and perhaps permanent damage to the
serotonin system of the brain, and can cause long-term problems
with learning and memory.
(3) Due to the popularity and marketability of Ecstasy, and
the skyrocketing use, seizures, and deaths, greater emphasis
needs to be placed on--
(A) the education of young people on the negative
health effects of Ecstasy (and other club drugs) since
the reputation of Ecstasy as a ``safe drug'' is its
most dangerous component;
(B) the education of State and local law
enforcement agencies and health care professionals and
personnel regarding the growing problem of Ecstasy use
and trafficking;
(C) adequate funding for the National Institutes of
Health to support and report on research that documents
the health effects of Ecstasy use; and
(D) State and local government initiatives.
SEC. 3. GRANTS FOR ECSTASY ABUSE PREVENTION.
Section 506B(c) of title V of the Public Health Service Act is
amended by adding at the end the following:
``(3) Effective programs.--
``(A) In general.--In addition to the priority
under paragraph (2), the Administrator shall give
priority to communities that have taken measures to
combat club drug use, including passing ordinances
restricting rave clubs, increasing law enforcement on
Ecstasy, and seizing lands under nuisance abatement
laws to make new restrictions on an establishment's
use.
``(B) State priority.--A priority grant may be made
to a State under this paragraph on a pass-through basis
to an eligible community.''.
SEC. 4. COMBATING ECSTASY AND OTHER CLUB DRUGS IN HIGH INTENSITY DRUG
TRAFFICKING AREAS.
(a) Program.--
(1) In general.--The Director of the Office of National
Drug Control Policy shall use amounts available under this
section to combat the trafficking of MDMA in areas designated
by the Director as high intensity drug trafficking areas.
(2) Activities.--In meeting the requirement in paragraph
(1), the Director shall transfer funds to assist anti-Ecstasy
law enforcement initiatives in high intensity drug trafficking
areas, including assistance for investigative costs,
intelligence enhancements, technology improvements, and
training.
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section--
(A) $15,000,000 for fiscal year 2002; and
(B) such sums as may be necessary for each of the
fiscal years 2003 through 2005.
(2) No supplanting.--Any Federal funds received under this
section shall be used to supplement, not supplant, non-Federal
funds that would otherwise be used to carry out activities
funded under this section.
(c) Apportionment of Funds.--The Director shall apportion amounts
appropriated for a fiscal year pursuant to the authorization of
appropriations in subsection (b) for activities under subsection (a)
among and within areas designated by the Director and based on the
threat assessments submitted by individual high intensity drug
trafficking areas.
SEC. 5. NATIONAL YOUTH ANTIDRUG MEDIA CAMPAIGN.
(a) In General.--In conducting the national media campaign under
section 102 of the Drug-Free Media Campaign Act of 1998, the Director
of the Office of National Drug Control Policy shall ensure that such
campaign addresses the reduction and prevention of abuse of MDMA and
club and emerging drugs among young people in the United States.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section--
(1) $7,000,000 for fiscal year 2002; and
(2) such sums as are necessary for each of the fiscal years
2003 through 2005.
SEC. 6. MDMA DRUG TEST.
There are authorized to be appropriated to the Office of National
Drug Control Policy such sums as are necessary to commission a drug
test for MDMA which would meet the standards for the Federal Workplace.
SEC. 7. NATIONAL INSTITUTE ON DRUG ABUSE REPORT.
(a) Research.--The Director of the National Institute on Drug Abuse
(referred to in this section as the ``Director'') shall conduct
research--
(1) that evaluates the effects that MDMA use can have on an
individual's health, such as--
(A) physiological effects such as changes in
ability to regulate one's body temperature, stimulation
of the cardiovascular system, muscle tension, teeth
clenching, nausea, blurred vision, rapid eye movement,
tremors, and other such conditions, some of which can
result in heart failure or heat stroke;
(B) psychological effects such as mood and mind
altering and panic attacks which may come from altering
various neurotransmitter levels such as serotonin in
the brain;
(C) short-term effects like confusion, depression,
sleep problems, severe anxiety, paranoia,
hallucinations, and amnesia; and
(D) long-term effects on the brain with regard to
memory and other cognitive functions, and other medical
consequences; and
(2) documenting those research findings and conclusions
with respect to MDMA that are scientifically valid and identify
the medical consequences on an individual's health.
(b) Final Report.--Not later than January 1, 2003, the Director
shall submit a report to the Congress.
(c) Report Public.--The report required by this section shall be
made public.
(d) Authorization of Appropriations.--There is authorized to be
appropriated $1,500,000 to carry out this section.
SEC. 8. INTERAGENCY ECSTASY/CLUB DRUG TASK FORCE.
(a) Establishment.--
(1) In general.--The Director of the Office of National
Drug Control Policy shall establish a Task Force on Ecstasy/
MDMA and Emerging Club Drugs (referred to in this section as
the ``task force'') which shall--
(A) design, implement, and evaluate the education,
prevention, and treatment practices and strategies of
the Federal Government with respect to Ecstasy, MDMA,
and emerging club drugs; and
(B) specifically study the club drug problem and
report its findings to Congress.
(2) Membership.--The task force shall--
(A) be under the jurisdiction of the Director of
the Office of National Drug Control Policy, who shall
designate a chairperson; and
(B) include as members law enforcement, substance
abuse prevention, judicial, and public health
professionals as well as representatives from Federal,
State, and local agencies.
(b) Responsibilities.--The responsibilities of the task force shall
be--
(1) to evaluate the current practices and strategies of the
Federal Government in education, prevention, and treatment for
Ecstasy, MDMA, and other emerging club drugs and recommend
appropriate and beneficial models for education, prevention,
and treatment;
(2) to identify appropriate government components and
resources to implement task force recommendations; and
(3) to make recommendations to the President and Congress
to implement proposed improvements in accordance with the
National Drug Control Strategy and its budget allocations.
(c) Meetings.--The task force shall meet at least once every 6
months.
(d) Termination.--The task force shall terminate 3 years after the
date of enactment of this Act.
(e) Authorization of Appropriations.--There are authorized to be
appropriated $1,000,000 to carry out this section. | Ecstasy Prevention Act of 2001 - Amends the Public Health Service Act to require the Administrator of the Substance Abuse and Mental Health Services Administration to give priority in the award of certain grants to States on a pass-through basis to communities that have taken measures to combat club drug use, including passing ordinances restricting rave clubs, increasing law enforcement on Ecstasy (3,4-methylenedioxy methamphetamine or MDMA), and seizing lands under nuisance abatement laws to make new restrictions on an establishment's use.Requires the Director of the Office of National Drug Control Policy to: (1) use amounts available under this Act to combat the trafficking of Ecstasy in designated high intensity drug trafficking areas; and (2) ensure that the national media campaign under the Drug-Free Media Campaign Act of 1998 addresses the reduction and prevention of abuse of Ecstasy and club and emerging drugs among young people in the United States.Provides for: (1) funding for an Ecstasy drug test which would meet Federal workplace standards; and (2) a mandatory research study by the Director of the National Institute on Drug Abuse that evaluates the effects that Ecstasy use can have on an individual's health.Requires the Director of the Office of National Drug Control Policy to establish an interagency Task Force on Ecstasy/MDMA and Emerging Club Drugs. | A bill to combat the trafficking, distribution, and abuse of Ecstasy (and other club drugs) in the United States. |
SECTION 1. REQUIREMENT FOR FEDERAL CONTRACTORS TO POSSESS SATISFACTORY
RECORD OF INTEGRITY AND BUSINESS ETHICS.
(a) Defense Contractors.--(1) Chapter 137 of title 10, United
States Code, is amended by inserting after section 2305a the following
new section:
``Sec. 2305b. Contractor requirement for satisfactory record of
integrity and business ethics
``(a) In General.--No prospective contractor may be awarded a
contract with an agency under this title unless the contracting officer
for the contract determines that such prospective contractor has a
satisfactory record of integrity and business ethics, including a
record of satisfactory compliance with the law (including tax, labor
and employment, environmental, antitrust, and consumer protection
laws).
``(b) Information To Be Considered.--In making a determination as
to whether a prospective contractor has a satisfactory record of
integrity and business ethics, a contracting officer--
``(1) shall consider all relevant credible information, but
shall give the greatest weight to any violations of law that
have been adjudicated during the 3-year period preceding the
offer by the prospective contractor;
``(2) shall consider any administrative agreements entered
into with the prospective contractor if the prospective
contractor has taken corrective action after disclosing a
violation of law, and may consider such a contractor to be a
responsible contractor if the contractor has corrected the
conditions that led to the misconduct;
``(3) shall consider failure to comply with the terms of an
administrative agreement to be a lack of integrity and business
ethics under this section;
``(4) may consider other relevant information, such as
civil or administrative complaints or similar actions filed by
or on behalf of a Federal agency, board, or commission, if such
action reflects an adjudicated determination by the agency; and
``(5) shall consider the following in descending order of
importance:
``(A) Convictions of and civil judgments rendered
against the prospective contractor for--
``(i) commission of fraud or a criminal
offense in connection with obtaining,
attempting to obtain, or performing a Federal,
State, or local contract or subcontract;
``(ii) violation of Federal or State
antitrust law relating to the submission of
offers; or
``(iii) commission of embezzlement, theft,
forgery, bribery, falsification, or destruction
of records, making false statement, tax
evasion, or receiving stolen property.
``(B) Indictments for the offenses described in
subparagraph (A).
``(C) With respect to tax, labor, employment,
environmental, antitrust, or consumer protection laws--
``(i) Federal or State felony convictions;
``(ii) adverse Federal court judgments in
civil cases brought by the United States;
``(iii) adverse decisions by a Federal
administrative law judge, board, or commission
indicating violations of law; and
``(iv) Federal or State felony
indictments.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2305a the
following new item:
``2305b. Contractor requirement for satisfactory record of integrity
and business ethics.''.
(b) Other Contractors.--(1) Title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) is amended
by inserting after section 303L the following new section:
``SEC. 303M. CONTRACTOR REQUIREMENT FOR SATISFACTORY RECORD OF
INTEGRITY AND BUSINESS ETHICS.
``(a) In General.--No prospective contractor may be awarded a
contract with an agency unless the contracting officer for the contract
determines that such prospective contractor has a satisfactory record
of integrity and business ethics, including a record of satisfactory
compliance with the law (including tax, labor and employment,
environmental, antitrust, and consumer protection laws).
``(b) Information To Be Considered.--In making a determination as
to whether a prospective contractor has a satisfactory record of
integrity and business ethics, a contracting officer--
``(1) shall consider all relevant credible information, but
shall give the greatest weight to any violations of law that
have been adjudicated during the 3-year period preceding the
offer by the prospective contractor;
``(2) shall consider any administrative agreements entered
into with the prospective contractor if the prospective
contractor has taken corrective action after disclosing a
violation of law, and may consider such a contractor to be a
responsible contractor if the contractor has corrected the
conditions that led to the misconduct;
``(3) shall consider failure to comply with the terms of an
administrative agreement to be a lack of integrity and business
ethics under this section;
``(4) may consider other relevant information, such as
civil or administrative complaints or similar actions filed by
or on behalf of a Federal agency, board, or commission, if such
action reflects an adjudicated determination by the agency; and
``(5) shall consider the following in descending order of
importance:
``(A) Convictions of and civil judgments rendered
against the prospective contractor for--
``(i) commission of fraud or a criminal
offense in connection with obtaining,
attempting to obtain, or performing a Federal,
State, or local contract or subcontract;
``(ii) violation of Federal or State
antitrust law relating to the submission of
offers; or
``(iii) commission of embezzlement, theft,
forgery, bribery, falsification, or destruction
of records, making false statement, tax
evasion, or receiving stolen property.
``(B) Indictments for the offenses described in
subparagraph (A).
``(C) With respect to tax, labor, employment,
environmental, antitrust, or consumer protection laws--
``(i) Federal or State felony convictions;
``(ii) adverse Federal court judgments in
civil cases brought by the United States;
``(iii) adverse decisions by a Federal
administrative law judge, board, or commission
indicating violations of law; and
``(iv) Federal or State felony
indictments.''.
(2) The table of sections at the beginning of such Act is amended
by inserting after the item relating to section 303L the following new
item:
``303M. Contractor requirement for satisfactory record of integrity and
business ethics.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to contracts for which solicitations are issued
after the date of the enactment of this Act. | Amends Federal defense contract law and the Federal Property and Administrative Services Act of 1949 to prohibit a contractor from being awarded a defense or Federal contract unless the Federal contracting officer determines that such contractor has a satisfactory record of integrity and business ethics, including compliance with all applicable laws. Outlines information to be considered by a contracting officer in making such determination, with an emphasis on any violations that have been adjudicated during the prior three-year period, as well as certain convictions of and civil judgments rendered against such contractor. | To require contractors with the Federal Government to possess a satisfactory record of integrity and business ethics. |
SECTION 1. COMMEMORATIVE WORK TO HONOR JOHN ADAMS AND HIS LEGACY.
(a) Findings.--The Congress finds the following:
(1) Few families have contributed as profoundly to the United
States as the family that gave the Nation its second president,
John Adams; its sixth president, John Quincy Adams; first ladies
Abigail Smith Adams and Louisa Catherine Johnson Adams; and
succeeding generations of statesmen, diplomats, advocates, and
authors.
(2) John Adams (1735-1826), a lawyer, a statesman, and a
patriot, was the author of the Constitution of the Commonwealth of
Massachusetts (the oldest written constitution still in force), the
leader of the Second Continental Congress, a driving force for
independence, a negotiator of the Treaty of Paris (which brought
the Revolutionary War to an end), the first Vice President, the
second President, and an unwavering exponent of freedom of
conscience and the rule of law.
(3) Abigail Smith Adams (1744-1818) was one of the most
remarkable women of her time. Wife of former President John Adams
and mother of former President John Quincy Adams, she was an early
advocate for the rights of women and served the cause of liberty as
a prolific writer, fierce patriot, and staunch abolitionist.
(4) John Quincy Adams (1767-1848), the son of John and Abigail
Adams, was a distinguished lawyer, legislator, and diplomat and a
master of 7 languages, who served as Senator, Minister to the
Netherlands under President George Washington, Minister to Prussia
under the first President Adams, Minister to Great Britain under
President James Madison, chief negotiator of the Treaty of Ghent
(which ended the War of 1812), Secretary of State under President
James Monroe, author of the Monroe Doctrine (which declared the
Western Hemisphere off limits to European imperial expansion),
sixth President, and the only former President to be elected to the
House of Representatives, where he was known as ``Old Man
Eloquent'' and served with great distinction as a leader in the
fight against slavery and a champion of unpopular causes.
(5) Louisa Catherine Johnson Adams (1775-1852), the wife of
former President John Quincy Adams, was an educated, accomplished
woman and the only first lady born outside the United States. Like
Abigail Adams, she wrote eloquently on behalf of the rights of
women and in opposition to slavery.
(6) Charles Francis Adams (1807-1886), the son of John Quincy
and Louisa Adams, served 6 years in the Massachusetts legislature,
was a steadfast abolitionist who received the Free Soil Party's
vice-presidential nomination in 1848, was elected to his father's
seat in the House of Representatives in 1856, and served as
ambassador to Great Britain during the Civil War, where his efforts
were decisive in preventing the British Government from recognizing
the independence of the Confederacy.
(7) Henry Adams (1838-1918), the son of Charles Francis Adams,
was an eminent writer, scholar, historian, and public intellectual,
and was the author of many celebrated works, including
``Democracy'', ``The Education of Henry Adams'', and his 9-volume
``History of the United States during the Administrations of
Jefferson and Madison''.
(8) Both individually and collectively, the members of this
illustrious family have enriched the Nation through their profound
civic consciousness, abiding belief in the perfectibility of the
Nation's democracy, and commitment to service and sacrifice for the
common good.
(9) Although the Congress has authorized the establishment of
commemorative works on Federal lands in the District of Columbia
honoring such celebrated former Presidents as George Washington,
Thomas Jefferson, and Abraham Lincoln, the National Capital has no
comparable memorial to former President John Adams.
(10) In recognition of the 200th anniversary of the end of the
presidency of John Adams, the time has come to correct this
oversight so that future generations of Americans will know and
understand the preeminent historical and lasting significance to
the Nation of his contributions and those of his family.
(b) Authority to Establish Commemorative Work.--The Adams Memorial
Foundation may establish a commemorative work on Federal land in the
District of Columbia and its environs to honor former President John
Adams, along with his wife Abigail Adams and former President John
Quincy Adams, and the family's legacy of public service.
(c) Compliance with Standards for Commemorative Works.--The
establishment of the commemorative work shall be in accordance with the
Commemorative Works Act (40 U.S.C. 1001, et seq.).
(d) Use of Federal Funds Prohibited.--Federal funds may not be used
to pay any expense of the establishment of the commemorative work. The
Adams Memorial Foundation shall be solely responsible for acceptance of
contributions for, and payment of the expenses of, the establishment of
the commemorative work.
(e) Deposit of Excess Funds.--If, upon payment of all expenses of
the establishment of the commemorative work (including the maintenance
and preservation amount provided for in section 8(b) of the
Commemorative Works Act (40 U.S.C. 1001, et seq.)), or upon expiration
of the authority for the commemorative work under section 10(b) of such
Act, there remains a balance of funds received for the establishment of
the commemorative work, the Adams Memorial Foundation shall transmit
the amount of the balance to the Secretary of the Treasury for deposit
in the account provided for in section 8(b)(1) of such Act.
SEC. 2. DEFINITIONS.
For purposes of this Act, the terms ``commemorative work'' and
``the District of Columbia and its environs'' have the meanings given
to such terms in section 2 of the Commemorative Works Act (40 U.S.C.
1002).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Authorizes the Adams Memorial Foundation to establish a memorial in the District of Columbia or its environs to honor former President John Adams, along with his wife Abigail Adams and former President John Quincy Adams, and the family's legacy of public service. | To authorize the Adams Memorial Foundation to establish a commemorative work on Federal land in the District of Columbia and its environs to honor former President John Adams and his legacy. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NIST Small Business Cybersecurity
Act''.
SEC. 2. IMPROVING CYBERSECURITY OF SMALL BUSINESSES.
(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the National Institute of Standards and Technology.
(2) Resources.--The term ``resources'' means guidelines,
tools, best practices, standards, methodologies, and other ways
of providing information.
(3) Small business concern.--The term ``small business
concern'' has the meaning given such term in section 3 of the
Small Business Act (15 U.S.C. 632).
(b) Small Business Cybersecurity.--Section 2(e)(1)(A) of the
National Institute of Standards and Technology Act (15 U.S.C.
272(e)(1)(A)) is amended--
(1) in clause (vii), by striking ``and'' at the end;
(2) by redesignating clause (viii) as clause (ix); and
(3) by inserting after clause (vii) the following:
``(viii) consider small business concerns
(as defined in section 3 of the Small Business
Act (15 U.S.C. 632)); and''.
(c) Dissemination of Resources for Small Businesses.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Director, in carrying out
section 2(e)(1)(A)(viii) of the National Institute of Standards
and Technology Act, as added by subsection (b) of this Act, in
consultation with the heads of other appropriate Federal
agencies, shall disseminate clear and concise resources to help
small business concerns identify, assess, manage, and reduce
their cybersecurity risks.
(2) Requirements.--The Director shall ensure that the
resources disseminated pursuant to paragraph (1)--
(A) are generally applicable and usable by a wide
range of small business concerns;
(B) vary with the nature and size of the
implementing small business concern, and the nature and
sensitivity of the data collected or stored on the
information systems or devices of the implementing
small business concern;
(C) include elements, that promote awareness of
simple, basic controls, a workplace cybersecurity
culture, and third-party stakeholder relationships, to
assist small business concerns in mitigating common
cybersecurity risks;
(D) include case studies of practical application;
(E) are technology-neutral and can be implemented
using technologies that are commercial and off-the-
shelf; and
(F) are based on international standards to the
extent possible, and are consistent with the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C.
3701 et seq.).
(3) National cybersecurity awareness and education
program.--The Director shall ensure that the resources
disseminated under paragraph (1) are consistent with the
efforts of the Director under section 401 of the Cybersecurity
Enhancement Act of 2014 (15 U.S.C. 7451).
(4) Small business development center cyber strategy.--In
carrying out paragraph (1), the Director, to the extent
practicable, shall consider any methods included in the Small
Business Development Center Cyber Strategy developed under
section 1841(a)(3)(B) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328).
(5) Voluntary resources.--The use of the resources
disseminated under paragraph (1) shall be considered voluntary.
(6) Updates.--The Director shall review and, if necessary,
update the resources disseminated under paragraph (1) in
accordance with the requirements under paragraph (2).
(7) Public availability.--The Director and the head of each
Federal agency that so elects shall make prominently available
on the respective agency's public Internet website information
about the resources and updates to the resources disseminated
under paragraph (1). The Director and the heads shall each
ensure that the information they respectively make prominently
available is consistent, clear, and concise.
(d) Other Federal Cybersecurity Requirements.--Nothing in this
section may be construed to supersede, alter, or otherwise affect any
cybersecurity requirements applicable to Federal agencies.
(e) Funding.--This Act shall be carried out using funds otherwise
authorized to be appropriated or made available to the National
Institute of Standards and Technology.
Passed the House of Representatives October 11, 2017.
Attest:
KAREN L. HAAS,
Clerk. | NIST Small Business Cybersecurity Act (Sec. 2) This bill amends the National Institute of Standards and Technology Act to require the National Institute of Standards and Technology (NIST) to consider small businesses when it facilitates and supports the development of voluntary, consensus-based, industry-led guidelines and procedures to cost-effectively reduce cyber risks to critical infrastructure. NIST must consult with other federal agencies to disseminate, and publish on its website, standard and method resources that small business may use voluntarily to help identify, assess, manage, and reduce their cybersecurity risks. The resources must: (1) include case studies of practical application, (2) be based on international standards to the extent possible, (3) be able to vary with the nature and size of the implementing small business and the sensitivity of the data collected or stored on the information systems, (4) be capable of promoting awareness of third-party stakeholder relationships to assist small businesses in mitigating common cybersecurity risks, and (5) be consistent with the national cybersecurity awareness and education program under the Cybersecurity Enhancement Act of 2014. Other federal agencies may elect to publish the resources on their own websites. | NIST Small Business Cybersecurity Act of 2017 |
of Approval.--
(1) Introduction and placement on calendar.--If the
President submits a formal request under subsection (a)(1) for
authorization to use members of the Armed Forces for a military
humanitarian operation, then within 1 calendar day of such
request, the majority leader of the Senate and the Speaker of
the House of Representatives shall introduce an identical joint
resolution in the Senate and the House of Representatives
calling for consideration of the military humanitarian
operation and shall place such resolution directly on the
calendar of the respective House.
(2) Floor consideration.--
(A) In general.--It shall be in order for any
Member of the respective House to move to proceed to
the consideration of a resolution introduced under
paragraph (1), and all points of order against the
resolution (and against consideration of the
resolution) are waived. The motion is highly privileged
in the House of Representatives and is privileged in
the Senate and is not debatable. The motion is not
subject to amendment, to a motion to postpone, or to a
motion to proceed to the consideration of other
business. A motion to reconsider the vote by which the
motion is agreed to or disagreed to shall not be in
order. If a motion to proceed to the consideration of
the resolution is agreed to, the resolution shall
remain the unfinished business of the respective House
until disposed of.
(B) Debate.--Debate on the resolution, and on all
debatable motions and appeals in connection therewith,
shall be limited to not more than 4 hours, which shall
be divided equally between those favoring and those
opposing the resolution. A motion further to limit
debate is in order and not debatable. An amendment to,
or a motion to postpone, or a motion to proceed to the
consideration of other business, or a motion to
recommit the resolution is not in order. A motion to
reconsider the vote by which the resolution is agreed
to or disagreed to is not in order.
(C) Vote on final passage.--Immediately following
the conclusion of the debate on the resolution, and a
single quorum call at the conclusion of the debate if
requested in accordance with the rules of the
appropriate House, the vote on final passage of the
resolution shall occur. The vote shall occur not later
than 48 hours after submission of a formal request
under subsection (a)(1), unless the President waives
such deadline, in which case the vote in each House
shall occur on the next calendar day each respective
House is in session.
(D) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate or the House of
Representatives, as the case may be, to the procedure
relating to a resolution described in paragraph (1)
shall be decided without debate.
(3) Coordination with action by other house.--If, before
the passage by one House of a resolution of that House
described in paragraph (1), that House receives from the other
House a resolution described in paragraph (1)--
(A) the resolution of the other House shall not be
referred to a committee; and
(B) with respect to the resolution of the House
receiving the resolution, the procedure in the
receiving House shall be the same as if no joint
resolution had been received from the other House until
the vote on final passage, when the joint resolution
received from the other House shall supplant the joint
resolution of the receiving House.
(4) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the
Senate and House of Representatives, respectively, and
as such it is deemed a part of the rules of each House,
respectively, but applicable only with respect to the
procedure to be followed in that House in the case of a
resolution described in paragraph (1), and it
supersedes other rules only to the extent that it is
inconsistent with such rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner and to the same extent as in the
case of any other rule of that House.
SEC. 4. SEVERABILITY.
If any provision of this Act is held to be unconstitutional, the
remainder of the Act shall not be affected. | Military Humanitarian Operations Act of 2012 - Prohibits the President from deploying members of the Armed Forces into the territory, airspace, or waters of a foreign country for a military humanitarian operation unless: (1) the President submits to Congress a formal authorization request, and (2) Congress enacts a specific authorization.
Defines a "military humanitarian operation" as a military operation involving the deployment of members or weapons systems of the Armed Forces where hostile activities are reasonably anticipated and with the aim of preventing or responding to a humanitarian catastrophe, including its regional consequences, or addressing a threat posed to international peace and security.
Provides for the consideration of a joint resolution of approval of such use. | A bill to provide that the President must seek congressional approval before engaging members of the United States Armed Forces in military humanitarian operations. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Carbon Neutral Government Act of
2009''.
SEC. 2. AUTHORIZATION TO PURCHASE OFFSETS AND CREDITS.
(a) Federal Authorities.--Subject to the requirements of this Act,
each executive agency (as defined in section 105 of title V of the
United States Code) and each legislative branch office is authorized to
use appropriated funds to purchase either or both of the following in
any open market transaction, that complies with all applicable
procurement rules and regulations and is approved in accordance with
subsection (c):
(1) Qualified tradeable greenhouse gas offsets.
(2) Qualified tradeable renewable energy credits.
(b) Qualification of Offsets and Credits.--A tradeable greenhouse
gas offset or renewable energy credit shall be treated as qualified for
purposes of this section if the Secretary of Energy certifies the
generator of such offset or credit. Upon the application of any person
generating or planning to generate any such offsets or credits, the
Secretary shall certify the generator if the Secretary determines that
the generator meets, or will, upon implementation, meet, such
requirements as the Secretary deems necessary, under rules promulgated
by the Secretary, to ensure that the offsets or credits generated will
represent the reduction of greenhouse gases as specified or estimated
in the offset (in the case of an offset) or in the generation of the
amount of renewable energy which the credit represents or is estimated
to represent (in the case of a credit). A reduction in greenhouse gases
that the Secretary determines would have occurred in the absence of the
opportunity to sell an offset for such reduction shall not be treated
as a qualified offset for purposes of this Act.
(c) Approval of Open Market Transactions.--The Secretary of Energy
shall promulgate rules, after notice and opportunity for comment,
regarding the open market transactions (involving qualified tradeable
greenhouse gas offsets and qualified tradeable renewable energy
credits) that will be treated as approved for purposes of this Act.
Such rules shall accommodate forward purchasing and crediting of
offsets and credits on an estimated basis from small scale offset and
renewable energy generators, and other open market transactions that
are useful in enabling short-term purchases of greenhouse gas offsets
and renewable energy credits to contribute meaningfully to the
implementation of small scale offset and renewable energy generators.
(d) Definitions.--For purposes of this Act:
(1) Greenhouse gas offset.--The term ``greenhouse gas
offset'' means the reduction in emissions of greenhouse gases
that results from an action or actions undertaken for the
purpose, among others, of reducing greenhouse gas emissions
(including the generation of renewable energy), where: (A) such
action or actions would not have occurred in the absence of the
opportunity to sell an offset for the resulting reductions; (B)
the party claiming credit for the reductions has acquired the
exclusive legal rights to claim credit for the reductions; and
(C) such exclusive legal rights can be verified and approved by
the Secretary through an auditable contract path or other
system established by the Secretary.
(2) Greenhouse gas.--The term ``greenhouse gas'' includes
carbon dioxide, methane, nitrous oxide, and fluorinated gases.
(3) Renewable energy credit.--The term ``renewable energy
credit'' means all of the environmental attributes associated
with a single unit of energy generated by a renewable energy
source where: (A) those attributes are transferred or recorded
separately from that unit of energy; (B) the party claiming
ownership of the credit has acquired the exclusive legal
ownership of all, and not less than all, the environmental
attributes associated with that unit of energy; and (C)
exclusive legal ownership of the credit can be verified and
approved by the Secretary through an auditable contract path or
other system established by the Secretary.
(4) Renewable energy.--The term ``renewable energy'' means
electric energy generated from solar, wind, biomass, landfill
gas, ocean (including tidal, wave, current, and thermal),
geothermal, municipal solid waste, or new hydroelectric
generation capacity achieved from increased efficiency or
additions of new capacity at an existing hydroelectric project.
(5) Tradeable.--The term ``tradeable'' when used in
connection with an offset or credit means that the offset or
credit is available for purchase and sale in an open and
transparent market.
(e) Effective Date.--The authority of section 1 shall take effect
for fiscal years after the enactment of this Act. | Carbon Neutral Government Act of 2009 - Authorizes federal agencies and legislative branch offices to purchase qualified tradeable: (1) greenhouse gas (GHG) offsets; and (2) renewable energy credits.
Requires the Secretary of Energy to promulgate rules regarding approved open market transactions involving such offsets and credits. Requires such rules to accommodate forward purchasing and crediting of offsets and credits on an estimated basis from small scale offset and renewable energy generators and other open market transactions that help enable short-term purchases of offsets and credits to contribute to the implementation of such generators.
Defines "greenhouse gas offsets" to mean a reduction in GHG emissions that results from actions that would not have occurred in the absence of the opportunity to sell an offset for the resulting reduction. | To authorize Federal agencies and legislative branch offices to purchase greenhouse gas offsets and renewable energy credits, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Success Act of 1999''.
TITLE I--AUTHORIZATION OF HUMAN CAPITAL INVESTMENT CONTRACTS
SEC. 101. PURPOSE; LAWFULNESS OF INSTRUMENTS; PREEMPTION OF STATE LAW.
(a) Purpose.--It is the purpose of this title to authorize
individuals to enter into contracts for the purposes of obtaining funds
for the payment of tuition and other related expenses of postsecondary
education by agreeing to pay to the holder of the contract a specified
percentage of the individual's future earned income.
(b) Lawfulness of Contracts; Preemption.--Any human capital
investment contract that complies with the requirements of section 102
shall be a valid, binding, and enforceable contract notwithstanding any
State law limiting or otherwise regulating assignments of future wages
or other income.
SEC. 102. TERMS AND CONDITIONS OF HUMAN CAPITAL INVESTMENT CONTRACTS.
(a) Definition of Human Capital Investment Contract.--For purposes
of this title, the term ``human capital investment contract'' means an
agreement between an eligible student and any other person under which
the eligible student sells and assigns specified percentages of the
eligible student's future income, for a specified period of time, in
exchange for payments to or on behalf of such student for--
(1) the tuition and related expenses of attendance by the
student at an eligible institution, and
(2) any income taxes owed by the student as a consequence
of the receipt of such payments.
(b) Terms and Conditions of Agreements.--A human capital investment
contract complies with the requirements of this section if the contract
complies with each of the following conditions:
(1) Specified percentage of earned income.--A human capital
investment contract shall specify the percentages of future
earned income which the student will be obligated to pay,
except that the contract--
(A) shall specify the maximum amount of earned
income for each year to which such specified percentage
shall apply;
(B) shall provide a schedule of reductions in such
percentage if the student's earned income from full-
time employment is less than amounts specified in the
contract; and
(C) may specify a schedule of increases in such
percentage if the student obtains a deferral under
paragraph (6), subject to the limitation in paragraph
(2).
(2) Aggregate limitation on obligation.--No eligible
student may enter into any human capital investment contract if
the total percentage of such student's future earned income
that the student agrees to pay under that contract, and any
other human capital investment contracts of such student,
exceeds 20 percent of such future earned income.
(3) Specified duration; extension of period for
deferrals.--A human capital investment contract shall specify
the maximum period of time during which the student will be
obligated to pay a portion of the student's future earned
income from full-time employment, except that--
(A) except as provided in subparagraph (B), such
period may not exceed 180 months; and
(B) such contract may provide that such period may
be extended by the number of months during which the
student obtains a deferral of payments under paragraph
(5) or (6).
(4) Commencement of repayment.--A human capital investment
contract shall provide that the student is not obligated to
commence payments, and that the deferral period in paragraph
(5) does not begin to toll, until the student--
(A) ceases to carry at an eligible institution at
least the minimum academic workload set forth in the
contract; or
(B) ceases to be eligible to meet the deferral
requirements set forth in paragraph (6).
(5) Deferral for under-employment or unemployment.--A human
capital investment contract shall provide that the student may
obtain a deferral of the obligation to make payments under the
contract during any period in which the student is unemployed,
except that the contract may provide that, if the student is
unemployed for longer than a maximum period specified in the
contract, the student agrees to extinguish obligations under
the contract by payment of--
(A) the amounts determined in accordance with
paragraph (7), and
(B) any related administrative costs of collecting
such amounts, including attorney's fees.
(6) Deferral during periods of graduate study.--A human
capital investment contract shall provide that a student who is
enrolled or accepted for enrollment in a postgraduate degree
program is not obligated to commence payments under the contract until
the student ceases to carry a full-time academic workload leading to
such a degree at an eligible institution, except that the contract may
provide that the maximum period for which payments may be deferred
pursuant to this paragraph shall not exceed 48 months.
(7) Accelerated repayment.--A human capital investment
contract shall specify the terms and conditions by which the
student may extinguish the student's obligations under the
contract before the end of the payment period specified in the
human capital investment contract, based on the remaining term
of such period.
(c) Required Disclosures.--A human capital investment contract does
not comply with the requirements of this section unless the eligible
student is provided, before entry into agreement, a disclosure document
that clearly and simply discloses that--
(1) the agreement is not a debt instrument, and that the
amount the student will be required to pay under the
agreement--
(A) may be more or less than the amount provided to
the student; and
(B) will vary in proportion to the student's future
earned income;
(2) the obligations of the student under the agreement are
not dischargeable under bankruptcy law;
(3) the obligations of the student under the agreement may
be extinguished by accelerating payments, as specified in the
agreement; and
(4) the duration of the student's obligations under the
agreement (absent such accelerating payments).
SEC. 103. DEFINITIONS.
As used in this title--
(1) Earned income.--
(A) The term ``earned income'' means compensation
and self-employment income.
(B) The term ``compensation'' means the gross
amount of salaries, wages, and other remunerations
earned by the student as an employee, not taking into
account any deferred compensation arrangements or any
payments to any retirement, pension, or other benefit
plan.
(C) The term ``self-employment income'' means the
net earnings from self-employment, as defined in
section 1402 of the Internal Revenue Code of 1986, and
regulations prescribed thereunder.
(2) Eligible student.--The term ``eligible student'' means
any person--
(A) who is a citizen or national of the United
States, a permanent resident of the United States, able
to provide evidence from the Immigration and
Naturalization Service that he or she is in the United
States for other than a temporary purpose with the
intention of becoming a citizen or permanent resident,
or permanent resident of the Trust Territory of the
Pacific Islands, Guam, the Northern Mariana Islands;
(B) who is enrolled or accepted for enrollment in a
degree, certificate, or other program (including a
program of study abroad approved for credit by the
eligible institution at which such student is enrolled)
leading to a recognized educational credential at an
eligible institution of higher education; and
(C) who is not enrolled in an elementary or
secondary school.
(3) Eligible institution.--The term ``eligible
institution'' means an institution of higher education as such
term is defined in section 481(a) of the Higher Education Act
of 1965 (20 U.S.C. 1088(a)).
(4) Full-time employment; period of no employment.--
Determinations of full-time employment in a given calendar year
shall be based on an average employment of 35 hours (or more)
per week during such year (a total of 1,820 hours or more for
the year). Determinations of period of no employment of a
student shall be determined separately for each calendar year
and expressed as a whole number of weeks and shall be based on
the excess, if any, of 1,820 over the total number of hours of
employment of the student during the year, divided by 35, and
rounded down to the nearest whole number.
(5) State law.--
(A) The term ``State law'' means any law, decision,
rule, regulation, or other action having the effect of
a law of any State or any political subdivision of a
State, or any agency or instrumentality of a State or
political subdivision of a State, except that a law of
the United States applicable only to the District of
Columbia shall be treated as a State law (rather than a
law of the United States).
(B) The term ``State'' includes, in addition to the
several States of the Union, the Commonwealth of Puerto
Rico, the District of Columbia, Guam, American Samoa,
the Virgin Islands, the government of the Northern
Mariana Islands, and the Trust Territory of the Pacific
Islands.
TITLE II--TAX TREATMENT OF HUMAN CAPITAL INVESTMENT CONTRACTS
SEC. 201. TAX TREATMENT OF HUMAN CAPITAL INVESTMENT CONTRACTS.
(a) In General.--Section 7701 of the Internal Revenue Code of 1986
is amended by redesignating subsection (m) as subsection (n) and by
inserting after subsection (l) the following new subsection:
``(m) Human Capital Investment Contracts.--A human capital
investment contract (as defined in section 102 of the Student Success
Act of 1999) shall not be treated as a debt instrument for purposes of
this title, and amounts received by the student for entering into such
a contract shall be includible in such student's gross income for
purposes of subtitle A.''
(b) Depreciation.--Section 167 of the Internal Revenue Code of 1986
(relating to depreciation) is amended by redesignating subsection (h)
as subsection (i) and by inserting after subsection (g) the following
new subsection:
``(h) Human Capital Investment Contracts.--If a depreciation
deduction is allowable under subsection (a) with respect to any human
capital investment contract (as defined in section 102 of the Student
Success Act of 1999), such deduction--
``(1) shall be allowable beginning with the taxable year
during which the student is first obligated to begin payments
under the contract, and
``(2) shall be computed by using the straight-line method
and a useful life equal to the shorter of--
``(A) 15 years, or
``(B) the maximum period the student is obligated
to make payments under the contract (determined without
regard to any extension of such period by reason of a
deferral).''
(c) Deduction for Payments.--
(1) In general.--Part VII of subchapter B of chapter 1 of
such Code is amended by redesignating section 221 as section
222 and by inserting after section 220 the following new
section:
``SEC. 221. PAYMENTS UNDER HUMAN CAPITAL INVESTMENT CONTRACTS.
``In the case of an individual who is obligated to make payments
under a human capital investment contract (as defined in section 102 of
the Student Success Act of 1999), there shall be allowed as a deduction
the amount of such payments made during the taxable year.''
(2) Deduction allowable in determining adjusted gross
income.--Subsection (a) of section 62 of such Code is amended
by inserting after paragraph (16) the following new paragraph:
``(17) Human capital investment contract payments.--The
deduction allowed by section 221.''
(3) Clerical amendment.--The table of sections for part VII
of subchapter B of chapter 1 of such Code is amended by
striking the last item and inserting the following new items:
``Sec. 221. Payments under human capital
investment contracts.
``Sec. 222. Cross reference.''
(d) Qualifying Income of Publicly Traded Partnerships.--Paragraph
(1) of section 7704(d) of such Code is amended by striking ``and'' at
the end of subparagraph (F), by striking the period at the end of
subparagraph (G) and inserting ``, and'', and by inserting after
subparagraph (G) the following new subparagraph:
``(H) income derived from, or gain from the sale or
other disposition of any human capital investment
contract (as defined in section 102 of the Student
Success Act of 1999).''
(e) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
TITLE III--SECURITIES LAW TREATMENT OF HUMAN CAPITAL INVESTMENT
CONTRACTS
SEC. 301. POOLING OF HUMAN CAPITAL INVESTMENT CONTRACTS INTO INVESTMENT
COMPANIES.
Section 2(a)(36) of the Investment Company Act of 1940 (15 U.S.C.
80a-2) is amended by inserting ``human capital investment contracts (as
such term is defined in section 102 of the Student Success Act of
1999),'' after ``relating to foreign currency,''.
TITLE IV--BANKRUPTCY LAW TREATMENT OF HUMAN CAPITAL INVESTMENT
CONTRACTS
SEC. 401. EXCEPTION TO DISCHARGE.
Section 523(a) of title 11, United States Code, is amended--
(1) in paragraph (17) by striking ``and'' at the end,
(2) in paragraph (18) by striking the period at the end and
inserting ``; and'', and
(3) by adding at the end the following:
``(19) for a payment owed by the debtor as a result of a
payment made to or for the benefit of the debtor, under a human
capital investment contract (as defined in section 102 of the
Student Success Act of 1999 unless--
``(A) such payment owed by the debtor first became
due more than 7 years (exclusive of any applicable
suspension of the debtor's payment period) before the
date of the filing of the petition; or
``(B) excepting such debt from discharge under this
paragraph will impose an undue hardship on the debtor
and the debtor's dependents.''.
TITLE V--FEDERAL STUDENT ASSISTANCE TREATMENT OF HUMAN CAPITAL
INVESTMENT CONTRACTS
SEC. 501. AMOUNTS RECEIVED NOT TREATED AS INCOME IN CALCULATION OF
FINANCIAL NEED.
Section 480(a) of the Higher Education Act of 1965 (20 U.S.C.
1087vv(a)) is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(2) by adding at the end the following new paragraph:
``(3) No portion of any amounts received by a student for entering
into a human capital investment contract (as defined in section 102 of
the Student Success Act of 1997) shall be included as income or assets
in the computation of expected family contribution for any program
funded in whole or in part under this Act.''. | TABLE OF CONTENTS:
Title I: Authorization of Human Capital Investment Contracts
Title II: Tax Treatment of Human Capital Investment
Contracts
Title III: Securities Law Treatment of Human Capital
Investment Contracts
Title IV: Bankruptcy Law Treatment of Human Capital
Investment Contracts
Title V: Federal Student Assistance Treatment of Human
Capital Investment Contracts
Student Success Act of 1999 -
Title I: Authorization of Human Capital Investment Contracts
- Authorizes individuals to enter into human capital investment contracts (HCICs) for the purposes of obtaining funds for the payment of tuition and other related expenses of postsecondary education by agreeing to pay to the holder of the contract a specified percentage of the individual's future earned income.
(Sec. 101) Makes any HCIC that complies with required terms and conditions under this Act a valid, binding, and enforceable contract notwithstanding any State law limiting or otherwise regulating assignments of future wages or other income.
(Sec. 102) Sets forth terms and conditions of HCICs, including requirements relating to: (1) specification of the percentages of future earned income which the student will be obligated to pay and of the maximum amount of earned income for each year to which such specified percentage shall apply; (2) a schedule of reductions in such percentage if the student's earned income from full-time employment is less than amounts specified in the contract (and an allowable schedule of limited increases in such percentage if the student obtains a deferral); (3) prohibitions against a student's entering into HCICs where payments exceed 20 percent of future earned income; (4) specification of the maximum period of time during which the student will be obligated to pay a portion of the student's future earned income from full-time employment, up to 180 months, with extensions by the number of deferred months; (5) no obligation to commence payments while carrying at least a minimum academic workload or while eligible for deferrals; (6) deferrals during periods of unemployment (as well as allowing certain payments to extinguish obligation after a maximum period of unemployment); (7) deferrals for up to 48 months of graduate education; (8) accelerated repayment; and (9) required disclosures.
Title II: Tax Treatment of Human Capital Investment Contracts
- Amends the Internal Revenue Code to provide that: (1) an HCIC shall not be treated as a debt instrument for specified purposes; and (2) amounts received by the student for entering into an HCIC shall be includible in such student's gross income for certain tax purposes.
(Sec. 201) Sets forth conditions for allowable depreciation deductions with respect to HCICs.
Allows a tax deduction, in determining adjusted gross income, for an individual's obligated payments under an HCIC.
Deems income derived from, or gain from the sale or other disposition of, an HCIC as qualifying income which would exempt a publicly traded partnership from treatment as a corporation.
Title III: Securities Law Treatment of Human Capital Investment Contracts
- Amends the Investment Company Act of 1940 to provide for pooling of HCICs into investment companies.
Title IV: Bankruptcy Law Treatment of Human Capital Investment Contracts
- Amends Federal bankruptcy law to except from discharge in bankruptcy any payment owed by the debtor as a result of a payment made to or for the benefit of the debtor under an HCIC, unless: (1) such payment owed by the debtor first became due more than seven years (exclusive of any applicable suspension of the debtor's payment period) before the date of the filing of the petition for bankruptcy; or (2) excepting such debt from discharge will impose an undue hardship on the debtor and the debtor's dependents.
Title V: Federal Student Assistance Treatment of Human Capital Investment Contracts
- Amends the Higher Education Act of 1965 (HEA) to provide that no portion of any amounts received by a student for entering into an HCIC shall be included as income or assets in the computation of expected family contribution for any program funded in whole or in part under HEA. | Student Success Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Project BioShield Material Threats
Act of 2007''.
SEC. 2. MATERIAL THREATS.
(a) In General.--Section 319F-2(c)(2)(A) of the Public Health
Service Act (42 U.S.C. 247d-6b(c)(2)(A)) is amended--
(1) by redesignating clauses (i) and (ii) as subclauses (I)
and (II), respectively;
(2) by moving each of such subclauses two ems to the right;
(3) by striking ``(A) Material threat.--The Homeland
Security Secretary'' and inserting the following:
``(A) Material threat.--
``(i) In general.--The Homeland Security
Secretary''; and
(4) by adding at the end the following clauses:
``(ii) Use of existing risk assessments.--
For the purpose of satisfying the requirements
of clause (i) as expeditiously as possible, the
Homeland Security Secretary shall, as
practicable, utilize existing risk assessments
that such Secretary considers credible.
``(iii) Order of assessments.--
``(I) Groupings to facilitate
assessment of countermeasures.--In
conducting threat assessments and
determinations under clause (i) of
chemical, biological, radiological, and
nuclear agents, the Homeland Security
Secretary shall, to the extent
practicable and appropriate, consider
the completion of such assessments and
determinations for groups of agents
toward the goal of facilitating the
assessment of countermeasures under
paragraph (3) by the Secretary of
Health and Human Services.
``(II) Categories of
countermeasures.--The grouping of
agents under subclause (I) by the
Homeland Security Secretary shall be
designed to facilitate assessments
under paragraph (3) by the Secretary of
Health and Human Services regarding the
following two categories of
countermeasures:
``(aa) Countermeasures that
may address more than one agent
identified under clause
(i)(II).
``(bb) Countermeasures that
may address adverse health
consequences that are common to
exposure to different agents.
``(III) Rule of construction.--A
particular grouping of agents pursuant
to subclause (II) is not required under
such subclause to facilitate
assessments of both categories of
countermeasures described in such
subclause. A grouping may concern one
category and not the other.
``(iv) Time frame for completion of certain
national-security determinations.--With respect
to chemical, biological, radiological, and
nuclear agents known to the Homeland Security
Secretary as of the day before the date of the
enactment of this clause, and which such
Secretary considers to be capable of
significantly affecting national security, such
Secretary shall complete the determinations
under clause (i)(II) not later than December
31, 2007.
``(v) Report to congress.--Not later than
30 days after the date on which the Homeland
Security Secretary completes a material threat
assessment under clause (i) or a risk
assessment for the purpose of satisfying such
clause, the Secretary shall submit to Congress
a report containing the results of such
assessment.
``(vi) Definition.--For purposes of this
subparagraph, the term `risk assessment' means
a scientific, technically-based analysis of
agents that incorporates threat, vulnerability,
and consequence information.''.
(b) Authorization of Appropriations.--Section 521(d) of the
Homeland Security Act of 2002 (6 U.S.C. 321-j(d)) is amended--
(1) in paragraph (1), by striking ``2006,'' and inserting
``2009,''; and
(2) by adding at the end the following:
``(3) Additional authorization of appropriations regarding
certain threat assessments.--For the purpose of providing an
additional amount to the Secretary to assist the Secretary in
meeting the requirements of clause (iv) of section 319F-
2(c)(2)(A)) of the Public Health Service Act (relating to time
frames), there are authorized to be appropriated such sums as
may be necessary for fiscal year 2008, in addition to the
authorization of appropriations established in paragraph (1).
The purposes for which such additional amount may be expended
include conducting risk assessments regarding clause (i)(II) of
such section when there are no existing risk assessments that
the Secretary considers credible.''. | Project Bioshield Material Threats Act of 2007 - Amends the Public Health Service Act to require the Secretary of Homeland Security (the Secretary) to utilize existing risk assessments to assess current and emerging threats of chemical, biological, radiological, and nuclear agents and determine which of such agents present a material threat against the U.S. population sufficient to affect national security. Requires the Secretary to group such assessments to facilitate assessments by the Secretary of Health and Human Services on the availability and appropriateness of specific countermeasures to address more than one such agent or address adverse health consequences that are common to exposure to different agents. Requires the Secretary to complete assessments by December 31, 2007, for those agents known to the Secretary by the date of enactment of this Act that are capable of significantly affecting national security and to submit the results to Congress.
Amends the Homeland Security Act of 2002 to reauthorize appropriations through FY2009 for the Secretary to carry out such terror threat assessments. Authorizes additional appropriations to enable the Secretary to meet the deadlines established under this Act. | To amend the Public Health Service Act to require the Secretary of Homeland Security to improve and expedite the assessment and determination of current and emerging chemical, biological, radiological and nuclear material threats, to group such agents to facilitate the assessment and acquisition of countermeasures that would address more than one of such agents or adverse health consequences common to exposure to different agents, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Benefits Improvement
Act of 1993''.
SEC. 2. ADJUSTMENTS IN EXEMPT AMOUNT FOR PURPOSES OF THE RETIREMENT
TEST.
(a) Increase in Exempt Amount for Individuals Who Have Attained
Retirement Age.--Section 203(f)(8)(D) of the Social Security Act (42
U.S.C. 403(f)(8)(D)) is amended to read as follows:
``(D)(i) Notwithstanding any other provision of this
subsection, the exempt amount which is applicable to an
individual who has attained retirement age (as defined in
section 216(1)) before the close of the taxable year involved
shall be--
``(I) for the taxable year beginning after 1993 and
before 1995, $1,000.00,
``(II) for the taxable year beginning after 1994
and before 1996, $1,166.66\2/3\,
``(III) for the taxable year beginning after 1995
and before 1997, $1,333.33\1/3\,
``(IV) for the taxable year beginning after 1996
and before 1998, $1,500.00, and
``(V) for the taxable year beginning after 1997 and
before 1999, $1,666.66\2/3\.
``(ii) For purposes of subparagraph (B)(ii)(II), the
increase in the exempt amount provided under clause (i)(V)
shall be deemed to have resulted from a determination which
shall be deemed to have been made under subparagraph (A) in
1997.''.
(b) Conforming Amendment.--The second sentence of section 223(d)(4)
of such Act (42 U.S.C. 423(d)(4)) is amended by striking ``the exempt
amount under section 203(f)(8) which is applicable to individuals
described in subparagraph (D) thereof'' and inserting the following:
``an amount equal to the exempt amount which would have been applicable
under section 203(f)(8), to individuals described in subparagraph (D)
thereof, if section 2 of the Social Security Benefits Improvement Act
of 1993 had not been enacted''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to taxable years beginning after 1993.
SEC. 3. ADJUSTMENT IN RATE OF ACTUARIAL REDUCTION IN AMOUNT OF WIDOW'S
AND WIDOWER'S INSURANCE BENEFITS SO AS TO REDUCE MAXIMUM
REDUCTIONS TO 25 PERCENT.
(a) In General.--Section 202(q)(1)(A) of the Social Security Act
(42 U.S.C. 402(q)(1)(A)) is amended by striking ``\19/40\ of 1
percent'' and inserting ``\5/12\ of 1 percent''.
(b) Conforming Amendments.--
(1) Section 202(q)(9) of such Act (42 U.S.C. 402(q)(9)) is
amended by striking ``28.5 percent'' each place it appears and
inserting ``25.0 percent''.
(2) Section 202(q)(10) of such Act (42 U.S.C. 402(q)(10))
is amended by striking ``\19/40\ of 1 percent'' each place it
appears and inserting ``\5/12\ of 1 percent''.
(c) Effective Date and Transition Rule.--
(1) Effective date.--The amendments made by this section
shall apply with respect to benefits for months after January
1994.
(2) Transition rule.--Section 1634 of the Social Security
Act (42 U.S.C. 1383c) is amended by adding at the end the
following new subsection:
``(e)(1) In the case of any eligible widow or widower (as defined
in paragraph (2)) who is entitled to a widow's or widower's insurance
benefit under section 202 (e) or (f) for any month but is not eligible
for benefits under this title in that month--
``(A) such eligible widow or widower shall be deemed for
purposes of title XIX to be an individual with respect to whom
supplemental security income benefits are paid under this title
in that month, if he or she would be eligible for such benefits
in the month involved if the amount of the increase described
in paragraph (2)(B) in his or her widow's or widower's
insurance benefits (and any subsequent cost-of-living
adjustments in such benefits under section 215(i)) were
disregarded, and
``(B) such eligible widow or widower shall be deemed for
purposes of title XIX to be an individual with respect to whom
State supplementary payments, of the type referred to in
section 1616(a) of this Act or in section 212(a) of Public Law
93-66 which are paid by the Secretary under an agreement
referred to in such section 1616(a) or in section 212(b) of
Public Law 93-66, are paid in that month, if he or she would be
eligible for such payments in the month involved if the amount
of the increase described in paragraph (2)(B) in his or her
widow's or widower's insurance benefits (and any subsequent
cost-of-living adjustments in such benefits under section
215(i)) were disregarded.
``(2) For purposes of paragraph (1), the term `eligible widow or
widower' means an individual--
``(A) who is entitled to a widow's or widower's insurance
benefit under section 202 (e) or (f) for January 1994 and with
respect to whom a benefit under this title was paid in that
month, and
``(B) who, because of the increase in the amount of his or
her widow's or widower's insurance benefits which results from
the amendments made by subsections (a) and (b) of section 3 of
the Social Security Benefits Improvement Act of 1993, is not
eligible for benefits under this title in the first month in
which such increase is paid to him or her (and in which a
retroactive payment of such increase for prior months was not
made).
``(3) For purposes of this subsection, the term `benefit under this
title' means a supplemental security income benefit under this title,
and a State supplementary payment of the type referred to in section
1616(a) (or a payment of the type referred to in section 212(a) of
Public Law 93-66) which is paid by the Secretary under an agreement
referred to in section 1616(a) (or in section 212(b) of Public Law 93-
66).''.
SEC. 4. REPEAL OF 7-YEAR RESTRICTION ON ELIGIBILITY FOR WIDOW'S AND
WIDOWER'S INSURANCE BENEFITS BASED ON DISABILITY.
(a) Widow's Insurance Benefits.--
(1) In general.--Section 202(e) of the Social Security Act
(42 U.S.C. 402(e)) is amended--
(A) in paragraph (1)(B)(ii), by striking ``which
began before the end of the period specified in
paragraph (4)'';
(B) in paragraph (1)(F)(ii), by striking ``(I) in
the period specified in paragraph (4) and (II)'';
(C) by striking paragraph (4) and by redesignating
paragraphs (5) through (9) as paragraphs (4) through
(8), respectively; and
(D) in paragraph (4)(A)(ii) (as redesignated), by
striking ``whichever'' and all that follows through
``begins'' and inserting ``the first day of the
seventeenth month before the month in which her
application is filed''.
(2) Conforming amendments.--
(A) Section 202(e)(1)(F)(i) of such Act (42 U.S.C.
402(e)(1)(F)(i)) is amended by striking ``paragraph
(5)'' and inserting ``paragraph (4)''.
(B) Section 202(e)(1)(C)(ii)(III) of such Act (42
U.S.C. 402(e)(2)(C)(ii)(III)) is amended by striking
``paragraph (8)'' and inserting ``paragraph (7)''.
(C) Section 202(e)(2)(A) of such Act (42 U.S.C.
402(e)(2)(A)) is amended by striking ``paragraph (7)''
and inserting ``paragraph (6)''.
(D) Section 226(e)(1)(A)(i) of such Act (42 U.S.C.
426(e)(1)(A)(i)) is amended by striking ``202(e)(4)''.
(b) Widower's Insurance Benefits.--
(1) In general.--Section 202(f) of such Act (42 U.S.C.
402(f)) is amended--
(A) in paragraph (1)(B)(ii), by striking ``which
began before the end of the period specified in
paragraph (5)'';
(B) in paragraph (1)(F)(ii), by striking ``(I) in
the period specified in paragraph (5) and (II)'';
(C) by striking paragraph (5) and by redesignating
paragraphs (6) through (9) as paragraphs (5) through
(8), respectively; and
(D) in paragraph (5)(A)(ii) (as redesignated), by
striking ``whichever'' and all that follows through
``begins'' and inserting ``the first day of the
seventeenth month before the month in which his
application is filed''.
(2) Conforming amendments.--
(A) Section 202(f)(1)(F)(i) of such Act (42 U.S.C.
402(f)(1)(F)(i)) is amended by striking ``paragraph
(6)'' and inserting ``paragraph (5)''.
(B) Section 202(f)(1)(C)(ii)(III) of such Act (42
U.S.C. 402(f)(2)(C)(ii)(III)) is amended by striking
``paragraph (8)'' and inserting ``paragraph (7)''.
(C) Section 226(e)(1)(A)(i) of such Act (as amended
by subsection (a)(2)) is further amended by striking
``, 202(f)(1)(B)(2), and 202(f)(5)'' and inserting
``and 202(f)(1)(B)(2)''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to benefits for months after August 1993 for which
applications are filed or pending on or after September 1, 1993.
SEC. 5. INCREASE IN OASDI CONTRIBUTION AND BENEFIT BASE.
Section 230(c) of the Social Security Act (42 U.S.C. 430(c)) is
amended--
(1) in the first sentence, by striking ``and'' before
``(2)'', by striking the period at the end of subclause (D) of
clause (2) and inserting a comma, and by adding at the end,
after and below such subclause (D), the following:
``and (3) the `contribution and benefit base' with respect to
remuneration paid (and taxable years beginning) in 1994 shall be the
contribution and benefit base which would be determined under this
section with respect to remuneration paid (and taxable years beginning)
in such year if section 5 of the Social Security Benefits Improvement
Act of 1993 had not been enacted, plus $2,100.00.'';
(2) in the last sentence, by striking ``in 1982 and
subsequent years'' and inserting ``in years beginning after
1981 and ending before 1994''; and
(3) by adding at the end the following new sentence: ``For
purposes of determining under subsection (b) the `contribution
and benefit base' with respect to remuneration paid (and
taxable years beginning) in 1995 and subsequent years, the
contribution and benefit base determined under clause (3) of
the first sentence of this subsection shall be considered to
have resulted from the application of such subsection (b) and
to be the contribution and benefit base determined (with
respect to 1994) under that subsection.''. | Social Security Benefits Improvement Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) increase the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits; (2) increase survivors' benefits for those widows and widowers whose spouses died before they reached age 65; (3) repeal provisions which require that a widow or widower must have become disabled within seven years of their spouse's death or within seven years of the end of their eligibility for benefits as the surviving parent of a young child in order to be eligible for disability benefits; and (4) increase the OASDI contribution and benefit base beginning in 1994. | Social Security Benefits Improvement Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Venezuelan Liberty Act''.
SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN VENEZUELANS.
(a) Adjustment of Status.--
(1) In general.--The status of any alien described in
subsection (b) shall be adjusted by the Secretary of Homeland
Security to that of an alien lawfully admitted for permanent
residence, if the alien--
(A) applies for such adjustment before April 1,
2014; 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
(8 U.S.C. 1182(a)) shall not apply.
(2) Rules in applying certain provisions.--In the case of
an alien described in subsection (b) or (d) who is applying for
adjustment of status under this section--
(A) the provisions of section 241(a)(5) of the
Immigration and Nationality Act (8 U.S.C. 1231(a)(5))
shall not apply; and
(B) the Secretary of Homeland Security may grant
the alien a waiver on the grounds of inadmissibility
under subparagraphs (A) and (C) of section 212(a)(9) of
such Act (8 U.S.C. 1182(a)(9)).
In granting waivers under subparagraph (B), the Secretary shall
use standards used in granting consent under subparagraphs
(A)(iii) and (C)(ii) of such section 212(a)(9).
(3) 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 Secretary of Homeland Security
grants the application, the Attorney General shall cancel the
order. If the Secretary of Homeland Security 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 Venezuela and who
has been physically present in the United States for a
continuous period, beginning on a date during the required
presence period and ending on the date the application for
adjustment under such subsection is adjudicated, 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 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 during the
required presence period, an alien--
(A) shall demonstrate that the alien, during the
required presence period--
(i) applied to the Secretary of Homeland
Security for asylum;
(ii) was issued an order to show cause
under the Immigration and Nationality Act;
(iii) was placed in exclusion, deportation,
or removal proceedings under such Act;
(iv) applied for adjustment of status under
section 245 of such Act (8 U.S.C. 1255);
(v) applied to the Secretary of Homeland
Security for employment authorization;
(vi) 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
(vii) applied for any other benefit under
the Immigration and Nationality Act by means of
an application establishing the alien's
presence in the United States during the
required presence period; or
(B) shall make such other demonstration of physical
presence as the Secretary of Homeland Security may
provide for by regulation.
(c) Stay of Removal; Work Authorization.--
(1) In general.--The Secretary of Homeland Security shall
provide by regulation for an alien subject to a final order of
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 removal proceedings under any
provision of such Act and has applied for adjustment of status
under subsection (a), except where the Secretary of Homeland
Security has rendered a final administrative determination to
deny the application.
(3) Work authorization.--The Secretary of Homeland Security
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
Secretary of Homeland Security 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 Secretary of Homeland Security to that of an alien
lawfully admitted for permanent residence, if--
(A) the alien is a national of Venezuela;
(B) the alien--
(i) 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 the son or daughter
has been physically present in the United
States for a continuous period beginning on a
date during the required presence period and
ending on the date on which the application for
adjustment under this subsection is
adjudicated; or
(ii) was, at the time at which an alien
filed for adjustment under subsection (a), the
spouse or child of an alien whose status is
adjusted, or was eligible for adjustment, to
that of an alien lawfully admitted for
permanent residence under subsection (a), and
the spouse, child, or child of the spouse has
been battered or subjected to extreme cruelty
by the alien that filed for adjustment under
subsection (a);
(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 inadmissibility
specified in paragraphs (4), (5), (6)(A), (7)(A), and
(9)(B) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)) shall not apply; and
(E) applies for such adjustment before April 1,
2014.
(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
during the required presence period 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 not exceeding 180 days.
(e) Availability of Administrative Review.--The Secretary of
Homeland Security shall provide to applicants for adjustment of status
under subsection (a) the same right to, and procedures for,
administrative review as are provided to applicants for adjustment of
status under section 245 of the Immigration and Nationality Act (8
U.S.C. 1255).
(f) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for permanent
residence pursuant to this section, the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be
issued under any provision of the Immigration and Nationality Act.
(g) Definition.--For purposes of this Act, the term ``required
presence period'' means the period beginning on February 2, 1999, and
ending on March 4, 2013.
(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 Secretary
of Homeland Security 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. | Venezuelan Liberty Act - Provides for the adjustment to permanent resident status of a national of Venezuela who has maintained a required physical presence in the United States during the period beginning on February 2, 1999, and ending on March 4, 2013, and who, during such period, applied for asylum and was placed in exclusion, deportation, or removal proceedings. Requires individuals to apply for adjustment before April 1, 2014. | Venezuelan Liberty Act |
SECTION 1. APPLICABILITY OF AUTHORITY TO RELEASE RESTRICTIONS AND
ENCUMBRANCES.
Section 315(c)(1) of the Federal Maritime Commission Authorization
Act of 1990 (Public Law 101-595; 104 Stat. 2988) is amended--
(1) by striking ``3 contiguous tracts'' and inserting ``4
tracts''; and
(2) by striking ``Tract A'' and all that follows through
the end of the paragraph and inserting the following:
``Tract 1--Commencing at a point N45+ 28, 31" E 198.3 feet from point
`A' as shown on plat of survey of `Boundary
Agreement of CAFB' by D.W. Jessen and
Associates, Civil Engineers, Lake Charles,
Louisiana, dated August 7, 1973, and filed
in Plat Book 23, at page 20, Records of
Calcasieu Parish, Louisiana; thence S44+
29, 09" E 220 feet; thence N45+ 28, 31" E
50 feet; thence N44+ 29, 09" W 220 feet;
thence S45+ 28, 31" W 50 feet to the point
of commencement and containing 11,000
square feet (0.2525 acres).
``Tract 2--Commencing at a point N45+ 28, 31" E 198.3 feet from point
`A' as shown on plat of survey of `Boundary
Agreement of CAFB' by D.W. Jessen and
Associates, Civil Engineers, Lake Charles,
Louisiana, dated August 7, 1973, and filed
in Plat Book 23, at page 20, Records of
Calcasieu Parish, Louisiana; thence S44+
29, 09" E 169.3 feet; thence S45+ 28, 31" W
75 feet; (Deed Call S45+ 30, 51" W 75
feet), thence N44+ 29, 09" W 169.3 feet;
thence N45+ 28, 31" E 75 feet to the point
of commencement and containing 12,697
square feet (0.2915 acres).
``Tract 3--Commencing at a point N45+ 28, 31" E 248.3 feet from point
`A' as shown on plat of survey of `Boundary
Agreement of CAFB' by D.W. Jessen and
Associates, Civil Engineers, Lake Charles,
Louisiana, dated August 7, 1973, and filed
in Plat Book 23, at page 20, Records of
Calcasieu Parish, Louisiana; thence S44+
29, 09" E 220 feet; thence N45+ 28, 31" E
50 feet; thence N44+ 29, 09" W 220 feet;
thence S45+ 28, 31" W 50 feet to the point
of commencement and containing 11,000
square feet (0.2525 acres).
``Tract 4--Commencing at a point N45+ 28, 31" E 123.3 feet and S44+ 29,
09" E 169.3 feet from point `A' as shown on
plat of survey of `Boundary Agreement of
CAFB' by D.W. Jessen and Associates, Civil
Engineers, Lake Charles, Louisiana, dated
August 7, 1973, and filed in Plat Book 23,
at page 20, Records of Calcasieu Parish,
Louisiana; thence S44+ 29, 09" E 50.7 feet;
thence N45+ 28, 31" E 75 feet; thence N44+
29, 09" W 50.7 feet; thence S45+ 28, 31" W
75 feet (Deed Call S45+ 30, 51" W 75 feet)
to the point of commencement and containing
3,802 square feet (0.0873 acres).
``Composite Description--A tract of land lying in section 2, Township
10 South--Range 8 West, Calcasieu Parish,
Louisiana, and being mone [sic]
particularly described as follows: Begin at
a point N45+ 28, 31" E 123.3 feet from
point `A' as shown on plat of survey of
`Boundary Agreement of CAFB' by D.W. Jessen
and Associates, Civil Engineers, Lake
Charles, Louisiana, dated August 7, 1973,
and filed in Plat Book 23, at page 20,
Records of Calcasieu Parish, Louisiana;
thence N45+ 28, 31" E 175.0 feet; thence
S44+ 29, 09" E 220.0 feet; thence S45+ 28,
31" W 175.0 feet; thence N44+ 29, 09" W
220.0 feet to the point of beginning,
containing 0.8035 acres.''. | Amends the Federal Maritime Commission Authorization Act of 1990 to revise the property description of certain land and improvements located in Calcasieu Parish, Louisiana, which were the subject of a release of restrictions by the United States. | A bill to clarify the applicability of authority to release restrictions and encumbrances on certain property located in Calcasieu Parish, Louisiana. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Permanent Emergency Agricultural
Assistance Act''.
SEC. 2. CROP DISASTER ASSISTANCE FOR 2001, 2002, AND 2003 CROP LOSSES.
(a) In General.--The Secretary of Agriculture shall make emergency
financial assistance available to producers on a farm who have incurred
qualifying crop losses for the 2001, 2002, or 2003 crop, or any
combination of those crops, due to damaging weather or related
condition, as determined by the Secretary.
(b) Administration.--Except as provided in subsection (c), the
Secretary shall make assistance available under this section in the
same manner as provided under section 815 of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55),
including using the same loss thresholds for the quantity and quality
losses as were used in administering that section.
(c) Payment Rates.--The Secretary shall make a disaster payment
available to producers on a farm for a crop under this section at a
rate equal to--
(1) 40 percent of the established price for the crop for
any deficiency in production greater than 20 percent, but less
than 35 percent, for the crop; and
(2) 65 percent of the established price for the crop for
any deficiency in production of 35 percent or more for the
crop.
(d) Crop Insurance.--In carrying out this section, the Secretary
shall not discriminate against or penalize producers on a farm that
have purchased crop insurance under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.).
(e) Other Assistance.--Subject to subsection (d), the amount of
assistance that producers on a farm would otherwise receive under this
section shall be reduced by the amount of assistance provided to the
producers on the farm for crop losses described in subsection (a) under
any other Federal law.
SEC. 3. CROP DISASTER ASSISTANCE FOR FUTURE CROP YEARS.
(a) In General.--The Secretary of Agriculture shall make emergency
financial assistance available to producers on a farm who incur
qualifying crop losses for an insurable crop due to damaging weather or
related condition, as determined by the Secretary, which results in the
designation of the county in which the farm is located as a federally
declared disaster area.
(b) Administration.--Except as provided in subsections (c) and (d),
the Secretary shall make assistance available under this section in the
same manner as provided under section 815 of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55),
including using the same loss thresholds for the quantity and quality
losses as were used in administering that section.
(c) Payment Rate.--Subject to subsection (e), the Secretary shall
make assistance available to producers on a farm for a crop under this
section at a rate equal to 65 percent of the established price for the
crop for any deficiency in production of 35 percent or more for the
crop.
(d) Receipt Conditioned on Having Crop Insurance.--The producers on
a farm shall not be eligible for assistance under subsection (a) with
respect to losses to a crop unless the producers obtained, before the
losses were incurred, a policy or plan of insurance for the crop under
the Federal Crop Insurance Act that provided a level of coverage equal
to or greater than 60 percent.
(e) Payment Limitation.--
(1) Limitation.--Assistance provided under subsection (a)
to a producer for losses to a crop, together with the amounts
specified in paragraph (2) applicable to the same crop, may not
exceed 95 percent of what the value of the crop would have been
in the absence of the losses, as estimated by the Secretary.
(2) Other payments.--In applying the limitation in
paragraph (1), the Secretary shall include the following:
(A) Crop insurance payments made under the Federal
Crop Insurance Act (7 U.S.C. 1501 et seq.) that the
producer receives for losses to the same crop.
(B) The value of the crop that was not lost (if
any), as estimated by the Secretary.
(f) Definition.--In this section, the term ``federally declared
disaster area'' is a county covered by a Presidential declaration of
major disaster issued under section 301 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or
determined to be a disaster area by the Secretary under subpart A of
part 1945 of title 7, Code of Federal Regulations. The term does not
include a contiguous county.
(g) Effective Date.--This section applies to crop years after the
2003 crop year.
SEC. 4. LIVESTOCK ASSISTANCE PROGRAM.
(a) In General.--The Secretary of Agriculture shall make and
administer payments for livestock losses to producers for 2001, 2002,
or 2003, or any combination of those years, in a county that has
received a corresponding emergency designation by the President or the
Secretary, of which an amount determined by the Secretary shall be made
available for the American Indian livestock program under section 806
of the Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114
Stat. 1549, 1549A-51).
(b) Administration.--The Secretary shall make assistance available
under this section in the same manner as provided under section 806 of
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114
Stat. 1549, 1549A-51).
(c) Other Assistance.--The amount of assistance that a producer
would otherwise receive under this section shall be reduced by the
amount of assistance provided to the producer for losses described in
subsection (a) under any other Federal law.
SEC. 5. FUNDING AND REIMBURSEMENT.
(a) In General.--The Secretary of Agriculture shall use the funds
of the Commodity Credit Corporation to carry out this Act.
(b) Permanent Program.--There is hereby authorized to be
appropriated such amounts as may be necessary to reimburse the
Commodity Credit Corporation for funds expended by the Secretary under
section 3.
SEC. 6. EMERGENCY DESIGNATIONS.
(a) In General.--The amounts referred to in sections 2 and 4 are
designated by Congress as an emergency requirement pursuant to section
502 of H. Con. Res. 95 (108th Congress), the concurrent resolution on
the budget for fiscal year 2004.
(b) Permanent Program.--Amounts appropriated pursuant to the
authorization of appropriations in section 5(b) to reimburse the
Commodity Credit Corporation shall be treated as emergency spending.
The allocation for a fiscal year otherwise made to the Committees on
Appropriations of the House of Representatives and the Senate pursuant
to section 302(a) of the Congressional Budget Act of 1974 shall be
increased by the amount appropriated pursuant to such authorization of
appropriations for the same fiscal year.
SEC. 7. REGULATIONS.
(a) In General.--The Secretary of Agriculture may promulgate such
regulations as are necessary to carry out this Act.
(b) Procedure.--The promulgation of the regulations and
administration of this Act shall be made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary shall use the authority provided under
section 808 of title 5, United States Code. | Permanent Emergency Agricultural Disaster Assistance Act - Directs the Secretary of Agriculture to use Commodity Credit Corporation funds for emergency financial assistance to: (1) crop producers who have suffered qualifying weather-caused crop losses in 2001, 2002, or 2003; and (2) livestock producers for losses in 2001, 2002, or 2003, including livestock under the American Indian livestock program, in a disaster-designated county. Reduces (other than crop insurance) other agricultural assistance by amounts received under this Act.
Directs the Secretary to make emergency financial assistance available after 2003 to producers with specified crop insurance coverage who have suffered qualifying weather-caused crop damage in a disaster-designated area. | To establish permanent authority for the Secretary of Agriculture to quickly assist agricultural producers who incur crop losses as a result of damaging weather or related condition in federally declared disaster areas, to provide emergency disaster assistance to agricultural producers for qualifying crop losses for the 2001, 2002, or 2003 crops, to continue the livestock assistance program, and for other purposes. |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Farm, Fishing, and
Ranch Risk Management Act''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. FARM, FISHING, AND RANCH RISK MANAGEMENT ACCOUNTS.
(a) In General.--Subpart C of part II of subchapter E of chapter 1
(relating to taxable year for which deductions taken) is amended by
inserting after section 468B the following new section:
``SEC. 468C. FARM, FISHING, AND RANCH RISK MANAGEMENT ACCOUNTS.
``(a) Deduction Allowed.--In the case of an individual engaged in
an eligible farming business or commercial fishing, there shall be
allowed as a deduction for any taxable year the amount paid in cash by
the taxpayer during the taxable year to a Farm, Fishing, and Ranch Risk
Management Account (hereinafter referred to as the `FFARRM Account').
``(b) Limitation.--
``(1) Contributions.--The amount which a taxpayer may pay
into the FFARRM Account for any taxable year shall not exceed
20 percent of so much of the taxable income of the taxpayer
(determined without regard to this section) which is
attributable (determined in the manner applicable under section
1301) to any eligible farming business or commercial fishing.
``(2) Distributions.--Distributions from a FFARRM Account
may not be used to purchase, lease, or finance any new fishing
vessel, add capacity to any fishery, or otherwise contribute to
the overcapitalization of any fishery. The Secretary of
Commerce shall implement regulations to enforce this paragraph.
``(c) Eligible Businesses.--For purposes of this section--
``(1) Eligible farming business.--The term `eligible
farming business' means any farming business (as defined in
section 263A(e)(4)) which is not a passive activity (within the
meaning of section 469(c)) of the taxpayer.
``(2) Commercial fishing.--The term `commercial fishing'
has the meaning given such term by section (3) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1802) but only if such fishing is not a passive activity
(within the meaning of section 469(c)) of the taxpayer.
``(d) FFARRM Account.--For purposes of this section--
``(1) In general.--The term `FFARRM Account' means a trust
created or organized in the United States for the exclusive
benefit of the taxpayer, but only if the written governing
instrument creating the trust meets the following requirements:
``(A) No contribution will be accepted for any
taxable year in excess of the amount allowed as a
deduction under subsection (a) for such year.
``(B) The trustee is a bank (as defined in section
408(n)) or another person who demonstrates to the
satisfaction of the Secretary that the manner in which
such person will administer the trust will be
consistent with the requirements of this section.
``(C) The assets of the trust consist entirely of
cash or of obligations which have adequate stated
interest (as defined in section 1274(c)(2)) and which
pay such interest not less often than annually.
``(D) All income of the trust is distributed
currently to the grantor.
``(E) The assets of the trust will not be
commingled with other property except in a common trust
fund or common investment fund.
``(2) Account taxed as grantor trust.--The grantor of a
FFARRM Account shall be treated for purposes of this title as
the owner of such Account and shall be subject to tax thereon
in accordance with subpart E of part I of subchapter J of this
chapter (relating to grantors and others treated as substantial
owners).
``(e) Inclusion of Amounts Distributed.--
``(1) In general.--Except as provided in paragraph (2),
there shall be includible in the gross income of the taxpayer
for any taxable year--
``(A) any amount distributed from a FFARRM Account
of the taxpayer during such taxable year, and
``(B) any deemed distribution under--
``(i) subsection (f)(1) (relating to
deposits not distributed within 5 years),
``(ii) subsection (f)(2) (relating to
cessation in eligible farming business), and
``(iii) subparagraph (B) or (C) of
subsection (f)(3) (relating to prohibited
transactions and pledging account as security).
``(2) Exceptions.--Paragraph (1)(A) shall not apply to--
``(A) any distribution to the extent attributable
to income of the Account, and
``(B) the distribution of any contribution paid
during a taxable year to a FFARRM Account to the extent
that such contribution exceeds the limitation
applicable under subsection (b) if requirements similar
to the requirements of section 408(d)(4) are met.
For purposes of subparagraph (A), distributions shall be
treated as first attributable to income and then to other
amounts.
``(f) Special Rules.--
``(1) Tax on deposits in account which are not distributed
within 5 years.--
``(A) In general.--If, at the close of any taxable
year, there is a nonqualified balance in any FFARRM
Account--
``(i) there shall be deemed distributed
from such Account during such taxable year an
amount equal to such balance, and
``(ii) the taxpayer's tax imposed by this
chapter for such taxable year shall be
increased by 10 percent of such deemed
distribution.
The preceding sentence shall not apply if an amount
equal to such nonqualified balance is distributed from
such Account to the taxpayer before the due date
(including extensions) for filing the return of tax
imposed by this chapter for such year (or, if earlier,
the date the taxpayer files such return for such year).
``(B) Nonqualified balance.--For purposes of
subparagraph (A), the term `nonqualified balance' means
any balance in the Account on the last day of the
taxable year which is attributable to amounts deposited
in such Account before the 4th preceding taxable year.
``(C) Ordering rule.--For purposes of this
paragraph, distributions from a FFARRM Account (other
than distributions of current income) shall be treated
as made from deposits in the order in which such
deposits were made, beginning with the earliest
deposits.
``(2) Cessation in eligible business.--At the close of the
first disqualification period after a period for which the
taxpayer was engaged in an eligible farming business or
commercial fishing, there shall be deemed distributed from the
FFARRM Account of the taxpayer an amount equal to the balance
in such Account (if any) at the close of such disqualification
period. For purposes of the preceding sentence, the term
`disqualification period' means any period of 2 consecutive
taxable years for which the taxpayer is not engaged in an
eligible farming business or commercial fishing.
``(3) Certain rules to apply.--Rules similar to the
following rules shall apply for purposes of this section:
``(A) Section 220(f)(8) (relating to treatment on
death).
``(B) Section 408(e)(2) (relating to loss of
exemption of account where individual engages in
prohibited transaction).
``(C) Section 408(e)(4) (relating to effect of
pledging account as security).
``(D) Section 408(g) (relating to community
property laws).
``(E) Section 408(h) (relating to custodial
accounts).
``(4) Time when payments deemed made.--For purposes of this
section, a taxpayer shall be deemed to have made a payment to a
FFARRM Account on the last day of a taxable year if such
payment is made on account of such taxable year and is made on
or before the due date (without regard to extensions) for
filing the return of tax for such taxable year.
``(5) Individual.--For purposes of this section, the term
`individual' shall not include an estate or trust.
``(6) Deduction not allowed for self-employment tax.--The
deduction allowable by reason of subsection (a) shall not be
taken into account in determining an individual's net earnings
from self-employment (within the meaning of section 1402(a))
for purposes of chapter 2.
``(g) Reports.--The trustee of a FFARRM Account shall make such
reports regarding such Account to the Secretary and to the person for
whose benefit the Account is maintained with respect to contributions,
distributions, and such other matters as the Secretary may require
under regulations. The reports required by this subsection shall be
filed at such time and in such manner and furnished to such persons at
such time and in such manner as may be required by such regulations.''
(b) Tax on Excess Contributions.--
(1) Subsection (a) of section 4973 (relating to tax on
excess contributions to certain tax-favored accounts and
annuities) is amended by striking ``or'' at the end of
paragraph (3), by redesignating paragraph (4) as paragraph (5),
and by inserting after paragraph (3) the following new
paragraph:
``(4) a FFARRM Account (within the meaning of section
468C(d)), or''.
(2) Section 4973 is amended by adding at the end the
following new subsection:
``(g) Excess Contributions to FFARRM Accounts.--For purposes of
this section, in the case of a FFARRM Account (within the meaning of
section 468C(d)), the term `excess contributions' means the amount by
which the amount contributed for the taxable year to the Account
exceeds the amount which may be contributed to the Account under
section 468C(b) for such taxable year. For purposes of this subsection,
any contribution which is distributed out of the FFARRM Account in a
distribution to which section 468C(e)(2)(B) applies shall be treated as
an amount not contributed.''
(3) The section heading for section 4973 is amended to read
as follows:
``SEC. 4973. EXCESS CONTRIBUTIONS TO CERTAIN ACCOUNTS, ANNUITIES,
ETC.''
(4) The table of sections for chapter 43 is amended by
striking the item relating to section 4973 and inserting the
following new item:
``Sec. 4973. Excess contributions to
certain accounts, annuities,
etc.''
(c) Tax on Prohibited Transactions.--
(1) Subsection (c) of section 4975 (relating to tax on
prohibited transactions) is amended by adding at the end the
following new paragraph:
``(6) Special rule for ffarrm accounts.--A person for whose
benefit a FFARRM Account (within the meaning of section
468C(d)) is established shall be exempt from the tax imposed by
this section with respect to any transaction concerning such
account (which would otherwise be taxable under this section)
if, with respect to such transaction, the account ceases to be
a FFARRM Account by reason of the application of section
468C(f)(3)(A) to such account.''
(2) Paragraph (1) of section 4975(e) is amended by
redesignating subparagraphs (E) and (F) as subparagraphs (F)
and (G), respectively, and by inserting after subparagraph (D)
the following new subparagraph:
``(E) a FFARRM Account described in section
468C(d),''.
(d) Failure To Provide Reports on FFARRM Accounts.--Paragraph (2)
of section 6693(a) (relating to failure to provide reports on certain
tax-favored accounts or annuities) is amended by redesignating
subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively,
and by inserting after subparagraph (B) the following new subparagraph:
``(C) section 468C(g) (relating to FFARRM
Accounts),''.
(e) Clerical Amendment.--The table of sections for subpart C of
part II of subchapter E of chapter 1 is amended by inserting after the
item relating to section 468B the following new item:
``Sec. 468C. Farm, Fishing and Ranch Risk
Management Accounts.''
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001. | Farm, Fishing, and Ranch Risk Management Act - Amends the Internal Revenue Code to allow an individual involved in an eligible farming or commercial fishing business to make a deductible contribution up to 20 percent of his or her farming or fishing taxable income to a Farm, Fishing, and Ranch Risk Management Account (FFARRM Account).States that: (1) Account distributions may not be used to add capacity or contribute to the overcapitalization of any fishery; (2) Account contributions shall not reduce self-employment net earnings; (3) Account distributions (other than income attributed to the Account) shall be includible in gross income, including deposits not distributed within five years. | A bill to amend the Internal Revenue Code of 1986 to provide for Farm, Fishing, and Ranch Risk Management Accounts, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ending Iran's Nuclear Weapon Program
Before Sanctions Relief Act of 2015''.
SEC. 2. REPORT ON MILITARY DIMENSIONS OF IRAN'S NUCLEAR PROGRAM;
LIMITATIONS ON SANCTIONS RELIEF.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Secretary of Energy, shall submit to the
appropriate congressional committees a report that--
(1) at a minimum, provides a detailed assessment of the
nature, scope, and duration of each activity specified in
subsection (b);
(2) with respect to each activity specified in subsection
(b), assesses--
(A) whether the activity continues or when the
activity ended;
(B) whether Iran consulted, cooperated, or
collaborated with any foreign entity in the activity
and, if so, a full description of the nature, scope,
and duration of such consultation, cooperation, or
collaboration;
(C) the differences between the conclusions of the
International Atomic Energy Agency and the most recent
determination of the intelligence community (as defined
in section 3(4) of the National Security Act of 1947
(50 U.S.C. 3003(4)));
(D) the ability of Iran to quickly resume the
activity, if the activity has ended, and to advance
beyond the current stage of development; and
(E) the credibility of Iran's arguments related to
dual-use technology; and
(3) includes--
(A) a summary of refusals by Iran to cooperate with
International Atomic Energy Agency inspectors and
requests since January 2003;
(B) a list of any Iranian institutes or other
entities involved in nuclear weapon activities or
research;
(C) a list of Iranian scientists or other experts
who worked on Iran's nuclear weapon program; and
(D) a list of sites where Iranian nuclear weapon
related activities are occurring or have occurred.
(b) Activities Specified.--The activities specified in this
subsection are the following:
(1) The existence of management and organization structures
to facilitate the development of a nuclear explosive device.
(2) Procurement activities associated with a nuclear weapon
program.
(3) Covert acquisition of uranium or plutonium, covert
uranium conversion, covert uranium reconversion, and covert
uranium enrichment activities.
(4) Attempted or actual acquisition of nuclear weapon
design information.
(5) Metallurgical work associated with nuclear devices.
(6) Development of detonators and associated equipment for
a nuclear weapon.
(7) Possession of multipoint initiation technology relevant
to a nuclear explosive device.
(8) Use of multipoint initiation technology for experiments
associated with a nuclear explosive device.
(9) Development of simulated components for a nuclear
explosive device, including components relevant to the dynamic
compressive testing of those components.
(10) Computer modeling studies of component arrangements
specific to nuclear explosive configurations based on implosion
technology and studies relating to high explosives modeling.
(11) Experiments with materials and configurations that
could generate neutrons under shock compression for the purpose
of initiating an implosion-type nuclear explosive device.
(12) Planning, preparation, and execution of experiments
relevant to testing a nuclear explosive device, specifically,
but not limited to, tests to determine whether detonator firing
components would function over a long distance between the
firing point and a test device located down a deep shaft.
(13) Activities related to the integration of a new
spherical payload into the existing payload chamber of the re-
entry vehicle for a ballistic missile.
(14) Activities related to a fuzing, arming, and firing
system for a heavy spherical ballistic missile payload.
(15) Activities at Parchin Military Complex related to
nuclear weapons.
(16) Nuclear weapon related activities at the Physics
Research Center and subsequent organizations, and the purpose
of such activities.
(17) Activities associated with the research, development,
testing, or fielding related to ballistic missiles capable of
carrying a nuclear weapon.
(18) Activities by Iran to conceal nuclear weapon related
activities.
(c) Limitations on Provision of Sanctions Relief to Iran.--
Notwithstanding section 135 of the Atomic Energy Act of 1954 (42 U.S.C.
2160e) or any other provision of law, the United States Government
shall not provide any sanctions relief to Iran until the date that is
90 days after--
(1) the submission of the report required by subsection
(a);
(2) the Director of National Intelligence, the Secretary of
Energy, the Secretary of State, and the Secretary of Defense
jointly certify to the appropriate congressional committees
that Iran has verifiably ended all military dimensions of its
nuclear program, including research, development, testing, or
fielding related to ballistic missiles capable of carrying a
nuclear weapon; and
(3) there is enacted into law a joint resolution approving
the provision of sanctions relief.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Banking, Housing, and Urban Affairs, the Committee
on Finance, the Committee on Foreign Relations, and the
Select Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee
on Financial Services, the Committee on Foreign
Affairs, the Committee on Ways and Means, and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(2) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(3) Person.--The term ``person'' means an individual or
entity.
(4) Sanctions relief.--The term ``sanctions relief'' means
the termination, waiver, deferral, or other suspension of any
sanctions imposed by the United States with respect to Iran
pursuant to a statute, executive order, or regulation,
including sanctions applicable to United States persons and
sanctions applicable to foreign persons.
(5) 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. | Ending Iran's Nuclear Weapon Program Before Sanctions Relief Act of 2015 This bill requires the Director of National Intelligence (DNI) to report to Congress on the military dimensions of of Iran's nuclear program. The U.S. government shall not provide any sanctions relief to Iran until 90 days after: (1) the report's submission; (2) the DNI, the Department of Energy, the Department of State, and the Department of Defense certify jointly to Congress that Iran has ended all military dimensions of its nuclear program; and (3) a joint resolution has been enacted into law approving such sanctions relief. | Ending Iran's Nuclear Weapon Program Before Sanctions Relief Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Complete Streets Act of 2008''.
SEC. 2. SAFE AND COMPLETE STREETS.
Section 133 of title 23, United States Code, is amended by adding
at the end the following:
``(g) Complete Streets Policy.--
``(1) In general.--Beginning with the fiscal year that
begins 2 years after the date of enactment of this subsection,
States and Metropolitan Planning Organizations shall--
``(A) adopt an explicit statement of policy (that
meets the requirements of subsection (b)) that the
safety and convenience of all users of the
transportation system shall be accommodated;
``(B) apply such policy to the projects contained
in the Transportation Improvement Program; and
``(C) incorporate the principles in this policy
into all aspects of the transportation project
development process, including project identification,
scoping procedures and design approvals, as well as
design manuals and performance measures.
``(2) Purpose.--The purpose of the policy statement
required under paragraph (1)(A) is to ensure that all users of
the transportation system, including pedestrians, bicyclists,
and transit users as well as children, older individuals, and
individuals with disabilities, are able to travel safely and
conveniently on streets and highways within the public right of
way.
``(h) Policy Statement Requirements.--A policy statement under
subsection (g)(1)(A) shall include the following:
``(1) An assurance that all users of the transportation
system will include pedestrians (including individuals of all
ages, and individuals with disabilities (including mobility,
sensory, neurological or hidden disabilities)), bicyclists,
transit vehicles and users, and motorists.
``(2) An assurance that the statement will apply to both
new construction and reconstruction (including resurfacing,
restoring, and rehabilitation (3R) projects) improvement
projects. Simple improvements, such as re-striping for bicycle
and pedestrian accommodation, may be encouraged in pavement
resurfacing projects when they fall within the overall scope of
the original roadwork.
``(3) A clear procedure that requires approval by a senior
manager of any specified exceptions from implementing the
policy statement, including documentation with supporting data
that indicates the basis for the exemption.
``(4) A statement directing the use of the current design
standards, including those standards applying to access for
individuals with disabilities.
``(5) A statement requiring that complete streets solutions
be developed to fit in with the context of the community and
that those solutions be flexible.
``(6) A description of the performance standards with
measurable outcomes that will be developed.
``(7) A statement that accommodation shall be made for all
users in all construction and improvement projects unless one
or more of the following apply:
``(A) The project involved a roadway on which non-
motorized users are prohibited by law from using. In
such case, a greater effort shall be made to
accommodate bicyclists and pedestrians elsewhere.
``(B) The cost of establishing complete facilities
would be excessively disproportionate to the need or
probable use.
``(C) With respect to a project area with a low
population, other documented factors indicate an
absence of need now and in the future.
``(D) A Metropolitan Planning Organization or State
department of transportation that is adopting complete
streets policies may consult existing Federal guidance,
including the 2000 USDOT Guidance document,
`Accommodating Bicycle and Pedestrian Travel'.
``(E) The policy statement may be achieved through
a State or local law or ordinance, or through an agency
policy directive.
``(i) Certifications.--The Metropolitan Planning Organization and
State department of transportation shall certify that each road project
included in such plan has been reviewed for its compliance with any
applicable policy statement under this section and that each project
under such plan enhances the safety, convenience, and accessibility of
the transportation system for all users to the extent that it is
reasonably possible and that the project applicant addressed these
concerns in the material prepared for public input with respect to such
plan. A Metropolitan Planning Organization's implementation of its
complete streets policy shall be a factor included in the review for
the Metropolitan Planning Organization certification as provided for in
section 134(5).
``(j) Accessibility Standards.--Not later than 12 months after the
date of enactment of this subsection, the United States Access Board
shall issue final standards for accessibility of new construction and
alterations of pedestrian facilities in the public right-of-way. Until
such time as the Access Board completes a final Public Right of Way
Accessibility rule, Department of Transportation Standards for
Accessible Transportation Facilities (49 C.F.R. 37.9, as amended on 10/
30/2006 (71 FR 63263)) shall serve as the minimum standard. If the
Department Of Transportation standards are silent or inapplicable with
respect to any issue, the 2005 draft Public Right Of Way Accessibility
Guidelines provisions shall be consulted.
``(k) Inclusion of All Users.--Metropolitan planning organizations
and State departments of transportation shall strongly encourage local
jurisdictions that are served by such organizations to maximize their
efforts to include all users in their transportation planning.
``(l) Additional Provisions.--
``(1) Research.--
``(A) In general.--The Secretary of Transportation
shall require the Federal Highway Administration to
conduct complete streets research to assist States and
Metropolitan Planning Organizations in developing,
adopting, and implementing plans, projects, procedures,
policies, and training that comply with the applicable
statement of policy under subsection (g)(1)(A).
``(B) Participation.--Research under subparagraph
(A) shall be conducted with the participation of the
American Association of State Highway Transportation
Officials, the Institute of Transportation Engineers,
the American Public Transit Association, the American
Planning Association, the National Association of
Regional Councils, the Association of Metropolitan
Planning Organizations, and representatives of the
disability, motoring, bicycling, walking, transit user,
aging, and other affected communities.
``(C) Existing needs.--Research under subparagraph
(A) shall be based on the existing statement of
complete streets research needs as outlined by the
Transportation Research Board in TR Circular E110, and
shall also develop new areas of inquiry.
``(2) Benchmarks and guidance.--The research project
conducted under paragraph (1) shall be designed to result in
the establishment of benchmarks and the provision of practical
guidance on how to effectively implement street procedures and
designs that will accommodate all types of users along the same
facility or corridor including, vehicles, pedestrians,
bicycles, and transit use. Such benchmarks and guidance shall
focus on changing scoping, design, and construction procedures
to more effectively fit the individual modes together into
integrated facilities that meet the needs of each in an
appropriate balance. Such benchmarks and guidance shall
indicate the expected operational and safety performance of
alternative approaches to facility design.
``(3) Best practices report.--Not later than 2 years after
the date of enactment of this subsection, the Federal Highway
Administration shall publish a best practices report showing
how transportation agencies have changed their procedures to
routinely design safe, effective multi-modal facilities. In
establishing such best practices, consideration shall be given
to the following areas:
``(A) Procedures for identifying the needs of the
mix of users, including primary and secondary users
that need to be served on various highway functional
classes.
``(B) The identification of the types and designs
of facilities needed to serve each of those types of
users.
``(C) The identification of barriers to
implementation as well as identification of costs
associated with implementing complete streets policies.
``(4) Data collection.--In addition to preparing the report
under paragraph (3), the Federal Highway Administration shall
work with the Bureau of Transportation Statistics and the
Federal Transit Association and appropriate Transportation
Research Board committees on data collection, including a
baseline non-motorized and transit use survey that will be
integrated into the National Highway Traffic Safety
Administration and the development of a survey tool for use by
State transportation departments in identifying the multi-modal
capacity of State and local road networks.''. | Complete Streets Act of 2008 - Amends the surface transportation program to require state and metropolitan planning organizations (MPOs) to: (1) adopt a policy statement that ensures that all users of the transportation system, including pedestrians, bicyclists, and transit users as well as children, older individuals, and individuals with disabilities, are able to travel safely and conveniently on streets and highways within the public right-of-way; and (2) apply such policy to Transportation Improvement Program projects as well as to all aspects of the transportation project development process.
Requires states and MPOs to certify that each road project has been reviewed for compliance with the policy statement and enhances the safety, convenience, and accessibility for all users of the transportation system to the extent reasonably possible.
Requires the U.S. Access Board to issue final standards for accessibility of new construction and alterations of pedestrian facilities in the public right-of-way.
Directs the Secretary of Transportation to require the Federal Highway Administration (FHWA) to conduct complete streets research to assist states and MPOs in developing and implementing plans, projects, procedures, policies, and training that comply with the policy statement. | A bill to ensure that all users of the transportation system, including pedestrians, bicyclists, and transit users as well as children, older individuals, and individuals with disabilities, are able to travel safely and conveniently on streets and highways. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tracing and Recalling Agricultural
Contamination Everywhere Act of 2007'' or ``TRACE Act of 2007''.
SEC. 2. TRACEABILITY OF FOOD.
The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is
amended--
(1) in section 301, by inserting at the end the following:
``(jj) The failure to comply with any requirement of section 414A
(relating to the traceability of food).''; and
(2) in chapter IV, by inserting after section 414 the
following:
``SEC. 414A. TRACEABILITY OF FOOD.
``(a) Establishment of System.--Not later than 1 year after the
date of the enactment of this section, the Secretary shall establish a
traceability system described in subsection (b) for all stages of
manufacturing, processing, packaging, and distribution of food.
``(b) Description of System.--The traceability system required by
subsection (a) shall require each article of food shipped in interstate
commerce to be identified in a manner that enables the Secretary to
retrieve the history, use, and location of the article through a
recordkeeping and audit system or registered identification.
``(c) Records.--
``(1) In general.--The Secretary may require that each
person, firm, and corporation required to identify an article
of food pursuant to subsection (b) maintain accurate records,
as prescribed by the Secretary, regarding the purchase, sale,
and identification of the article.
``(2) Access.--Each person, firm, and corporation described
in paragraph (1) shall, at all reasonable times, on notice by a
duly authorized representative of the Secretary, allow the
representative to access to each place of business of the
person, firm, or corporation to examine and copy the records
described in paragraph (1).
``(3) Duration.--Each person, firm, and corporation
described in paragraph (1) shall maintain records required to
be maintained under this subsection for such period of time as
the Secretary prescribes.
``(d) False Information.--No person, firm, or corporation shall
falsify or misrepresent to any other person, firm, or corporation, or
to the Secretary, any information as to any location at which any
article of food was held.
``(e) Alteration or Destruction of Records.--No person, firm, or
corporation shall, without authorization from the Secretary, alter,
detach, or destroy any records or other means of identification
prescribed by the Secretary for use in determining the location at
which any article of food was held.''.
SEC. 3. TRACEABILITY OF LIVESTOCK.
Title I of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.)
is amended by adding at the end the following:
``SEC. 25. TRACEABILITY OF LIVESTOCK, MEAT, AND MEAT PRODUCTS.
``(a) Definition of Traceability.--In this section, the term
`traceability' means the ability to retrieve the history, use, and
location of an article through a recordkeeping and audit system or
registered identification.
``(b) Requirements.--
``(1) In general.--Cattle, sheep, swine, goats, and horses,
mules, and other equines presented for slaughter for human food
purposes, and the carcasses or parts of carcasses and the meat
and meat food products of those animals, shipped in interstate
commerce shall be identified in a manner that enables the
Secretary to trace--
``(A) each animal to any premises or other location
at which the animal was held at any time before
slaughter; and
``(B) each carcass or part of a carcass and meat
and meat food product of such animals forward from
slaughter through processing and distribution to the
ultimate consumer.
``(2) Traceability system.--Not later than 1 year after the
date of the enactment of this section, the Secretary shall
establish a traceability system for all stages of production,
processing, and distribution of meat and meat food products
that are produced through the slaughter of animals described in
paragraph (1).
``(c) Prohibition or Restriction on Entry.--The Secretary may
prohibit or restrict entry into any slaughtering establishment
inspected under this Act of any cattle, sheep, swine, goats, or horses,
mules, or other equines not identified as prescribed by the Secretary
under subsection (b).
``(d) Records.--
``(1) In general.--The Secretary may require that each
person, firm, and corporation required to identify livestock
pursuant to subsection (b) maintain accurate records, as
prescribed by the Secretary, regarding the purchase, sale, and
identification of the livestock.
``(2) Access.--Each person, firm, and corporation described
in paragraph (1) shall, at all reasonable times, on notice by a
duly authorized representative of the Secretary, allow the
representative to access to each place of business of the
person, firm, or corporation to examine and copy the records
described in paragraph (1).
``(3) Duration.--Each person, firm, and corporation
described in paragraph (1) shall maintain records required to
be maintained under this subsection for such period of time as
the Secretary prescribes.
``(e) False Information.--No person, firm, or corporation shall
falsify or misrepresent to any other person, firm, or corporation, or
to the Secretary, any information as to any premises at which any
cattle, sheep, swine, goats, horses, mules, or other equines, or
carcasses thereof, were held.
``(f) Alteration or Destruction of Records.--No person, firm, or
corporation shall, without authorization from the Secretary, alter,
detach, or destroy any records or other means of identification
prescribed by the Secretary for use in determining the premises at
which were held any cattle, sheep, swine, goats, horses, mules, or
other equines, or the carcasses thereof.
``(g) Relation to Country of Origin Labeling.--Nothing contained in
this section prevents or interferes with implementation of the country
of origin labeling requirements of subtitle D of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1638 et seq.).''.
SEC. 4. TRACEABILITY OF POULTRY.
The Poultry Products Inspection Act is amended by inserting after
section 23 (21 U.S.C. 467e) the following:
``SEC. 23A. TRACEABILITY OF POULTRY AND POULTRY PRODUCTS.
``(a) Definition of Traceability.--In this section, the term
`traceability' means the ability to retrieve the history, use, and
location of an article through a recordkeeping and audit system or
registered identification.
``(b) Requirements.--
``(1) In general.--Poultry presented for slaughter for
human food purposes and poultry products shipped in interstate
commerce shall be identified in a manner that enables the
Secretary to trace--
``(A) each animal to any premises or other location
at which the animal was held at any time before
slaughter; and
``(B) each poultry product forward from slaughter
through processing and distribution to the ultimate
consumer.
``(2) Traceability system.--Not later than 1 year after the
date of the enactment of this section, the Secretary shall
establish a traceability system for all stages of production,
processing, and distribution of poultry and poultry food
products that are produced through the slaughter of animals
described in paragraph (1).
``(c) Prohibition or Restriction on Entry.--The Secretary may
prohibit or restrict entry into any slaughtering establishment
inspected under this Act of any poultry not identified as prescribed by
the Secretary.
``(d) Records.--
``(1) In general.--The Secretary may require that each
person, firm, and corporation required to identify poultry
pursuant to subsection (b) maintain accurate records, as
prescribed by the Secretary, regarding the purchase, sale, and
identification of the poultry.
``(2) Access.--Each person, firm, and corporation described
in paragraph (1) shall, at all reasonable times, on notice by a
duly authorized representative of the Secretary, allow the
representative to access to each place of business of the
person, firm, or corporation to examine and copy the records
described in paragraph (1).
``(3) Duration.--Each person, firm, and corporation
described in paragraph (1) shall maintain records required to
be maintained under this subsection for such period of time as
the Secretary prescribes.
``(e) False Information.--No person, firm, or corporation shall
falsify or misrepresent to any other person, firm, or corporation, or
to the Secretary, any information as to any premises at which any
poultry, or carcasses thereof, were held.
``(f) Alteration or Destruction of Records.--No person, firm, or
corporation shall, without authorization from the Secretary, alter,
detach, or destroy any records or other means of identification
prescribed by the Secretary for use in determining the premises at
which were held any poultry or the carcasses thereof.
``(g) Relation to Country of Origin Labeling.--Nothing contained in
this section prevents or interferes with implementation of the country
of origin labeling requirements of subtitle D of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1638 et seq.).''.
SEC. 5. TRACEABILITY OF EGG PRODUCTS.
The Egg Products Inspection Act is amended by inserting after
section 18 (21 U.S.C. 1047) the following:
``SEC. 18A. TRACEABILITY OF EGGS AND EGG PRODUCTS.
``(a) Establishment of System.--Not later than 1 year after the
date of the enactment of this section, the Secretary shall establish a
traceability system described in subsection (b) for all stages of
manufacturing, processing, packaging, and distribution of eggs and egg
products.
``(b) Description of System.--The traceability system required by
subsection (a) shall require each egg or egg product shipped in
interstate commerce to be identified in a manner that enables the
Secretary to retrieve the history, use, and location of the egg or egg
product through a recordkeeping and audit system or registered
identification.
``(c) Records.--
``(1) In general.--The Secretary may require that each
person, firm, and corporation required to identify eggs or egg
products pursuant to subsection (b) maintain accurate records,
as prescribed by the Secretary, regarding the purchase, sale,
and identification of the eggs or egg products.
``(2) Access.--Each person, firm, and corporation described
in paragraph (1) shall, at all reasonable times, on notice by a
duly authorized representative of the Secretary, allow the
representative to access to each place of business of the
person, firm, or corporation to examine and copy the records
described in paragraph (1).
``(3) Duration.--Each person, firm, and corporation
described in paragraph (1) shall maintain records required to
be maintained under this subsection for such period of time as
the Secretary prescribes.
``(d) False Information.--No person, firm, or corporation shall
falsify or misrepresent to any other person, firm, or corporation, or
to the Secretary, any information as to any location at which any eggs
or egg products were held.
``(e) Alteration or Destruction of Records.--No person, firm, or
corporation shall, without authorization from the Secretary, alter,
detach, or destroy any records or other means of identification
prescribed by the Secretary for use in determining the locations at
which were held any eggs or egg products.''. | Tracing and Recalling Agricultural Contamination Everywhere Act of 2007 or TRACE Act of 2007- Amends the Federal Meat Inspection Act to direct the Secretary of Agriculture to establish a traceability system for all stages of manufacturing, processing, packaging, and distribution of food.
States that cattle, sheep, swine, goats, horses, mules and other equines, and poultry presented for slaughter for human consumption, and the carcasses or parts of carcasses and the meat and food products of those animals, shipped in interstate commerce shall be identified in a manner that enables the Secretary to trace: (1) each animal to any location at which the animal was held at any time before slaughter; and (2) each carcass or part of a carcass and food product forward from slaughter through processing and distribution to the ultimate consumer.
Directs the Secretary to establish a traceability system for all stages of production, processing, and distribution of meat and meat food products produced through the slaughter of such animals.
Authorizes the Secretary to: (1) prohibit or restrict entry to a slaughtering establishment of an animal not so identified; and (2) require a person or entity to maintain records.
Amends the Poultry Products Inspection Act and the Egg Products Inspection Act to establish similar provisions for poultry and poultry products and for eggs and egg products. | To amend the Federal Food, Drug, and Cosmetic Act, the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act to improve the safety of food, meat, and poultry products through enhanced traceability, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Working Uninsured Tax Equity Act of
1999''.
SEC. 2. REFUNDABLE CREDIT FOR HEALTH INSURANCE COSTS.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable personal
credits) is amended by redesignating section 35 as section 36 and by
inserting after section 34 the following new section:
``SEC. 35. HEALTH INSURANCE COSTS.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this subtitle an amount
equal to 30 percent of the amount paid during the taxable year for
insurance which constitutes medical care for the taxpayer, his spouse,
and dependents.
``(b) Limitations.--
``(1) Limitation based on earned income.--The payments
taken into account under subsection (a) for any taxable year
shall not exceed the sum of--
``(A) the taxpayer's wages, salaries, tips, and
other employee compensation includible in gross income,
plus
``(B) the taxpayer's earned income (as defined in
section 401(c)(2)).
``(2) Limitation based on other coverage.--Subsection (a)
shall not apply to--
``(A) any taxpayer for any calendar month for which
the taxpayer is eligible to participate in any
subsidized health plan maintained by any employer of
the taxpayer or of the spouse of the taxpayer, or
``(B) amounts paid for coverage under--
``(i) part B of title XVIII of the Social
Security Act, or
``(ii) a Medicare supplemental policy
(within the meaning of section 1882(g)(1) of
the Social Security Act (42 U.S.C.
1395ss(g)(1))) or similar supplemental coverage
provided under a group health plan.
The rule of the last sentence of section 162(l)(2)(B) shall
apply for purposes of subparagraph (A).
``(c) Limitation Based on Adjusted Gross Income.--
``(1) In general.--No credit shall be allowed under
subsection (a) for any taxable year for which the taxpayer's
adjusted gross income exceeds the applicable dollar amount by
$10,000 or more.
``(2) Phaseout.--If the taxpayer's adjusted gross income
for the taxable year exceeds the applicable dollar amount by
less than $10,000, the credit which would (but for this
subsection and subsection (d)) be allowed under subsection (a)
shall be reduced (but not below zero) by an amount which bears
the same ratio to such credit as such excess bears to $10,000.
Any reduction under the preceding sentence which is not a
multiple of $10 shall be rounded to the next lowest $10.
``(3) Applicable dollar amount.--The term `applicable
dollar amount' means--
``(A) in the case of a taxpayer filing a joint
return, $50,000,
``(B) in the case of any other taxpayer (other than
a married individual filing a separate return),
$30,000, and
``(C) in the case of a married individual filing a
separate return, zero.
``(4) Special rule for married individuals filing
separately and living apart.--A husband and wife who--
``(A) file separate returns for any taxable year,
and
``(B) live apart at all times during such taxable
year,
shall not be treated as married individuals for purposes of
this paragraph.
``(d) Limitation Based on Amount of Tax.--
``(1) In general.--The credit allowed by subsection (a) for
the taxable year (determined after the application of
subsections (b) and (c)) shall not exceed the sum of--
``(A) the tax imposed by this chapter for the
taxable year (reduced by the credits allowable against
such tax other than the credits allowable under this
subpart), and
``(B) the taxpayer's social security taxes for such
taxable year.
``(2) Social security taxes.--For purposes of paragraph
(1)--
``(A) In general.--The term `social security taxes'
means, with respect to any taxpayer for any taxable
year--
``(i) the amount of the taxes imposed by
sections 3101, 3111, 3201(a), and 3221(a) on
amounts received by the taxpayer during the
calendar year in which the taxable year begins,
``(ii) the taxes imposed by section 1401 on
the self-employment income of the taxpayer for
the taxable year, and
``(iii) the taxes imposed by section
3211(a)(1) on amounts received by the taxpayer
during the calendar year in which the taxable
year begins.
``(B) Coordination with special refund of social
security taxes.--The term `social security taxes' shall
not include any taxes to the extent the taxpayer is
entitled to a special refund of such taxes under
section 6413(c).
``(C) Special rule.--Any amounts paid pursuant to
an agreement under section 3121(l) (relating to
agreements entered into by American employers with
respect to foreign affiliates) which are equivalent to
the taxes referred to in subparagraph (A)(i) shall be
treated as taxes referred to in such subparagraph.
``(e) Coordination With Other Provisions.--
``(1) Deduction for medical expenses.--The amount taken
into account in computing the credit under subsection (a) shall
not be taken into account in computing the amount allowable to
the taxpayer as a deduction under section 213(a).
``(2) Self-employed individuals allowed either deduction or
credit for health insurance.--No credit shall be allowed under
this section to a taxpayer for a taxable year if any amount is
allowed as a deduction to such taxpayer for such year under
section 162(l).
``(f) Expenses Must Be Substantiated.--A payment for insurance to
which subsection (a) applies may be taken into account under this
section only if the taxpayer substantiates such payment in such form as
the Secretary may prescribe.
``(g) Section Not To Apply to Long-Term Care Insurance.--This
section shall not apply to insurance which constitutes medical care by
reason of section 213(d)(1)(C).''
(b) Clerical Amendment.--The table of sections for subpart C of
part IV of subchapter A of chapter 1 of such Code is amended by
striking the last item and inserting the following new items:
``Sec. 35. Health insurance costs.
``Sec. 36. Overpayments of tax.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Limits the full credit to individuals whose adjusted gross income is under $30,000 ($50,000 if filing a joint return). Disallows any credit to a married individual filing a separate return, but treats married individuals living apart and filing separate returns as not married (thus qualifying them for the credit). Prescribes a formula for phase-out of the credit for taxpayers with an adjusted gross income exceeding $30,000 ($50,000 for a joint return) by less than $10,000.
Allows self-employed individuals to elect such credit or the deduction for medical expenses, but not both.
States that such credit does not apply to long- term health care insurance. | Working Uninsured Tax Equity Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Transparent Regulatory
and Environmental Actions in Mining Act'' or the ``STREAM Act''.
SEC. 2. PUBLICATION OF SCIENTIFIC PRODUCTS FOR RULES AND RELATED
ENVIRONMENTAL IMPACT STATEMENTS, ENVIRONMENTAL
ASSESSMENTS, AND ECONOMIC ASSESSMENTS.
(a) Requirement.--Title V of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1251 et seq.) is amended by adding
at the end the following:
``SEC. 530. PUBLICATION OF SCIENTIFIC PRODUCTS FOR RULES AND RELATED
ENVIRONMENTAL ANALYSES, AND ECONOMIC ASSESSMENTS.
``(a) Requirement.--
``(1) In general.--The Secretary shall make publicly
available 90 days before the publication of any draft,
proposed, supplemental, final, or emergency rule under this
Act, or any related environmental analysis, economic
assessment, policy, or guidance, each scientific product the
Secretary relied on in developing the rule, environmental
analysis, economic assessment, policy, or guidance.
``(2) Federally funded scientific products.--For those
scientific products receiving Federal funds in part, or in
full, the Secretary shall also make publicly available the raw
data used for the federally funded scientific product.
``(b) Compliance.--
``(1) In general.--Failure to make publicly available any
scientific product 90 days before the publication of--
``(A) any draft, proposed, or supplemental rule,
environmental analysis, economic assessment, policy or
guidance shall extend by one day the comment period for
each day such scientific product is not made available;
or
``(B) any final or emergency rule shall delay the
effective date of the final or emergency rule by 60
days plus each day the scientific product is withheld.
``(2) Delay longer than 6 months.--If the Secretary fails
to make publicly available any scientific product for longer
than 6 months, the Secretary shall withdraw the rule,
environmental analysis, economic assessment, policy, or
guidance.
``(3) Exception.--This subsection shall not apply if a
delay in the publication of a rule will pose an imminent and
severe threat to human life.
``(c) Definitions.--In this section:
``(1) Publicly available.--The term `publicly available'
means published on the Internet via a publicly accessible
website under the Secretary's control.
``(2) Environmental analysis.--The term `environmental
analysis' means environmental impact statements and
environmental assessments prepared pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(3) Scientific product.--The term `scientific product'
means any product that--
``(A) employs the scientific method for
inventorying, monitoring, experimenting, studying,
researching, or modeling purposes;
``(B) is relied upon by the Secretary in the
development of any rule, environmental analysis,
economic assessment, policy, or guidance; and
``(C) is not protected under copyright laws.
``(4) Raw data.--The term `raw data'--
``(A) except as provided in subparagraph (B), means
any computational process, or quantitative or
qualitative data, that is relied on in a scientific
product to support a finding or observation; and
``(B) does not include such data or processes--
``(i) that are protected by copyright;
``(ii) that contain personally identifiable
information, sensitive intellectual property,
trade secrets, or business-sensitive
information; or
``(iii) to the extent that such data and
processes are covered by the provisions of part
C of title XI of the Social Security Act (42
U.S.C. 1320d et seq.), regulations promulgated
pursuant to section 264(c) of the Health
Insurance Portability and Accountability Act of
1996 (42 U.S.C. 1320d-2 note), and the
provisions of subtitle D of title XIII of the
Health Information Technology for Economic and
Clinical Health Act (42 U.S.C. 17921 et
seq.).''.
(b) Clerical Amendment.--The table of contents in the first section
of such Act is amended by adding at the end of the items relating to
such title the following:
``Sec. 530. Publication of scientific products for rules and related
environmental analyses, and economic
assessments.''.
SEC. 3. STUDY OF THE EFFECTIVENESS OF CERTAIN RULE.
(a) Requirement.--Title VII of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1291 et seq.) is amended by adding
at the end the following:
``SEC. 722. STUDY OF THE EFFECTIVENESS OF CERTAIN RULE.
``(a) Study.--No later than 90 days after the date of the enactment
of the STREAM Act, the Secretary of the Interior, in consultation with
the Interstate Mining Compact Commission and its State members, shall
enter into an arrangement with the National Academy of Sciences, for
execution by the Board on Earth Sciences and Resources, to conduct a
comprehensive study on the regulatory effectiveness of the `Surface
Coal Mining and Reclamation Operations Permanent Regulatory Program;
Stream Buffer Zones and Fish, Wildlife, and Related Environmental
Values' Final Rule published June 30, 1983 (48 Fed. Reg. 30312), and
amended September 30, 1983 (48 Fed. Reg. 44777), in protecting
perennial and intermittent streams through the use of stream buffer
zones. If the study determines the existence of regulatory
inefficiencies, then the study shall include suggestions and
recommendations for increasing the effectiveness of the rule.
``(b) Results of the Study.--Not later than 2 years after execution
of the arrangements under subsection (a), the Board on Earth Sciences
and Resources shall submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate, appropriate Federal agencies, and the Governor
of each of the States represented on the Interstate Mining Compact
Commission the results of the study conducted under subsection (a).
``(c) Funding.--There is authorized to be appropriated to the
Secretary of the Interior $1,000,000 for fiscal year 2016 and
$1,000,000 for fiscal year 2017 for the purposes of this section.
``(d) Prohibition on New Regulations.--The Secretary shall not
issue any final or other regulations pertaining to the proposed rule
entitled `Stream Protection Rule' (80 Fed. Reg. 44436) or relating to
stream buffer zones, until 1 year after the Secretary has submitted the
results of the study in accordance with subsection (b). If the
Secretary proposes any such regulations after such submission, the
Secretary shall take into consideration the findings of the study.''.
(b) Clerical Amendment.--The table of contents in the first section
of such Act is amended by adding at the end of the items relating to
such title the following:
``Sec. 720. Subsidence.
``Sec. 721. Research.
``Sec. 722. Study of the effectiveness of certain rule.''.
SEC. 4. COMPLIANCE WITH OTHER FEDERAL LAWS.
Section 702 of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1292) is amended--
(1) by redesignating subsections (c) and (d) as subsection
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Compliance With Other Federal Laws.--Nothing in this Act
authorizes the Secretary to take any action by rule, regulation,
notice, policy, guidance, or order that duplicates, implements,
interprets, enforces, or determines any action taken under an Act
referred to in subsection (a) or any regulation or rule promulgated
thereunder.''.
Passed the House of Representatives January 12, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Supporting Transparent Regulatory and Environmental Actions in Mining Act or the STREAM Act (Sec. 2) This bill amends the Surface Mining Control and Reclamation Act of 1977 to direct the Department of the Interior to make publicly available online and in the Federal Register, 90 days before publication, any draft, proposed, supplemental, final, or emergency rule, or any environmental analysis, economic assessment, policy, or guidance, and each scientific product upon which Interior has relied in developing the rule, the analysis, or the assessment. A scientific product is any product that: employs the scientific method for inventorying, monitoring, experimenting, studying, researching, or modeling purposes; is relied upon by Interior in developing any rule, environmental analysis, economic assessment, policy, or guidance; and is not protected under copyright laws. For scientific products receiving federal funds Interior must also make publicly available the raw data used for them (any computational process or quantitative or qualitative data not protected by copyright or containing personally identifiable information, sensitive intellectual property, trade secrets, or business-sensitive information). If Interior fails to make publicly available any scientific product for longer than six months, it must withdraw the rule, environmental analysis, or economic assessment policy or guidance. This requirement shall not apply if a delay in the publication of a rule will pose an imminent and severe threat to human life. (Sec. 3) Interior shall arrange with the National Academy of Sciences for its Board on Earth Sciences and Resources to conduct a detailed, comprehensive study of the effectiveness of the "Surface Coal Mining and Reclamation Operations Permanent Regulatory Program; Stream Buffer Zones and Fish, Wildlife, and Related Environmental Values" Final Rule in protecting perennial and intermittent streams through the use of stream buffer zones. The study shall include suggestions and recommendations for increasing the effectiveness of the rule if it finds regulatory inefficiencies. Appropriations for the study are authorized for FY2016-FY2017. Until one year after publication of the Board's report to Congress, Interior may not issue any proposed or final regulations under the Act that relate either to stream buffer zones or to stream protection. (Sec. 4) The Surface Mining Control and Reclamation Act of 1977 is further amended to declare that nothing in it authorizes Interior to take any action that duplicates, implements, interprets, enforces, or determines compliance with specified mining, environmental, or fish and wildlife law. | Supporting Transparent Regulatory and Environmental Actions in Mining Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lyme and Tick-Borne Disease
Prevention, Education, and Research Act of 2011''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Lyme disease is a common but frequently misunderstood
illness that, if not caught early and treated properly, can
cause serious health problems.
(2) Lyme disease is caused by the bacterium Borrelia
burgdorferi, which belongs to the class of spirochetes, and is
transmitted to humans by the bite of infected black-legged
ticks. Early signs of infection may include a rash and flu-like
symptoms such as fever, muscle aches, headaches, and fatigue.
(3) Although Lyme disease can be treated with antibiotics
if caught early, the disease often goes undetected because it
mimics other illnesses or may be misdiagnosed.
(4) If an individual with Lyme disease does not receive
treatment, such individual can develop severe heart,
neurological, eye, and joint problems.
(5) Although Lyme disease accounts for 90 percent of all
vector-borne infections in the United States, the ticks that
spread Lyme disease also spread other diseases, such as
anaplasmosis, babesiosis, and tularemia, and carry Bartonella
and other strains of Borrelia. Other tick species, such as the
aggressive lone star, spread ehrlichiosis, Rocky Mountain
spotted fever, and southern tick-associated rash illness
(STARI). Multiple diseases in 1 patient make diagnosis and
treatment more difficult.
(6) The Centers for Disease Control and Prevention reported
more than 38,000 confirmed and probable Lyme disease cases in
2009. Over the past decade, the incidence of Lyme disease has
increased by 84 percent.
(7) According to the Centers for Disease Control and
Prevention, from 1992 to 2006, the incidence of Lyme disease
was highest among children aged 5 to 14 years of age.
(8) Persistence of symptomatology in many patients without
reliable testing makes diagnosis and treatment of patients more
difficult.
SEC. 3. ESTABLISHMENT OF A TICK-BORNE DISEASES ADVISORY COMMITTEE.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Health and Human Services
(referred to in this Act as the ``Secretary'') shall establish within
the Office of the Secretary an advisory committee to be known as the
Tick-Borne Diseases Advisory Committee (referred to in this section as
the ``Committee'').
(b) Duties.--The Committee shall--
(1) advise the Secretary and the Assistant Secretary for
Health regarding the manner in which such officials can--
(A) ensure interagency coordination and
communication and minimize overlap regarding efforts to
address tick-borne diseases;
(B) identify opportunities to coordinate efforts
with other Federal agencies and private organizations
addressing such diseases;
(C) ensure interagency coordination and
communication with constituency groups;
(D) ensure that a broad spectrum of scientific
viewpoints are represented in public health policy
decisions and that information disseminated to the
public and physicians is balanced; and
(E) advise relevant Federal agencies on priorities
related to Lyme and other tick-borne diseases; and
(2) in coordination with relevant agencies within the
Department of Health and Human Services, regularly review
published public and private treatment guidelines and evaluate
such guidelines for effective representation of a wide
diversity of views.
(c) Membership.--
(1) Appointed members.--
(A) In general.--From among individuals who are not
officers or employees of the Federal Government, the
Secretary shall appoint to the Committee, as voting
members, the following:
(i) Not less than 4 members from the
scientific community representing the broad
spectrum of viewpoints held within the
scientific community related to Lyme and other
tick-borne diseases.
(ii) Not less than 2 representatives of
tick-borne disease voluntary organizations.
(iii) Not less than 2 health care
providers, including not less than 1 full-time
practicing physician, with relevant experience
providing care for individuals with a broad
range of acute and chronic tick-borne diseases.
(iv) Not less than 2 patient
representatives who are individuals who have
been diagnosed with a tick-borne disease or who
have had an immediate family member diagnosed
with such a disease.
(v) At least 2 representatives of State and
local health departments and national
organizations that represent State and local
health professionals.
(B) Diversity.--In appointing members under this
paragraph, the Secretary shall ensure that such
members, as a group, represent a diversity of
scientific perspectives relevant to the duties of the
Committee.
(2) Ex officio members.--The Secretary shall designate, as
nonvoting, ex officio members of the Committee, representatives
overseeing tick-borne disease activities from each of the
following Federal agencies:
(A) The Centers for Disease Control and Prevention.
(B) The National Institutes of Health.
(C) The Agency for Healthcare Research and Quality.
(D) The Food and Drug Administration.
(E) The Office of the Assistant Secretary for
Health.
(F) Such additional Federal agencies as the
Secretary determines to be appropriate.
(3) Co-chairpersons.--The Secretary shall designate the
Assistant Secretary of Health as the co-chairperson of the
Committee. The appointed members of the Committee shall also
elect a public co-chairperson. The public co-chairperson shall
serve a 2-year term.
(4) Term of appointment.--The term of service for each
member of the Committee appointed under paragraph (1) shall be
4 years.
(5) Vacancy.--A vacancy in the membership of the Committee
shall be filled in the same manner as the original appointment.
Any member appointed to fill a vacancy for an unexpired term
shall be appointed for the remainder of that term. Members may
serve after the expiration of their terms until their
successors have taken office.
(d) Meetings.--The Committee shall hold public meetings, except as
otherwise determined by the Secretary, after providing notice to the
public of such meetings, and shall meet at least twice a year with
additional meetings subject to the call of the co-chairpersons. Agenda
items with respect to such meetings may be added at the request of the
members of the Committee, including the co-chairpersons. Meetings shall
be conducted, and records of the proceedings shall be maintained, as
required by applicable law and by regulations of the Secretary.
(e) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Committee, acting through the
members representing the Centers for Disease Control and Prevention and
the National Institutes of Health, shall submit a report to the
Secretary. Each such report shall contain, at a minimum--
(1) a description of the Committee's functions;
(2) a list of the Committee's members and their
affiliations; and
(3) a summary of the Committee's activities and
recommendations during the previous year, including any
significant issues regarding the functioning of the Committee.
(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated such sums a
may be necessary for each of the fiscal years 2012 through 2016.
Amounts appropriated under the preceding sentence shall be used for the
expenses and per diem costs incurred by the Committee under this
section in accordance with the Federal Advisory Committee Act (5 U.S.C.
App.), except that no voting member of the Committee shall be a
permanent salaried employee.
SEC. 4. FEDERAL ACTIVITIES RELATED TO THE DIAGNOSIS, SURVEILLANCE,
PREVENTION, AND RESEARCH OF LYME AND OTHER TICK-BORNE
DISEASES.
(a) In General.--The Secretary, acting as appropriate through the
Director of the Centers for Disease Control and Prevention, the
Director of the National Institutes of Health, the Commissioner of Food
and Drugs, and the Director of the Agency for Healthcare Research and
Quality, as well as additional Federal agencies as the Secretary
determines to be appropriate, and in consultation with the Tick-Borne
Diseases Advisory Committee, shall provide for--
(1) the conduct or support of the activities described in
subsection (b); and
(2) the coordination of all Federal programs and activities
related to Lyme disease and other tick-borne diseases.
(b) Activities.--The activities described in this subsection are
the following:
(1) Development of diagnostic tests.--Such activities
include--
(A) the development of sensitive and more accurate
diagnostic tools and tests, including a direct
detection test for Lyme disease capable of
distinguishing active infection from past infection;
(B) improving the efficient utilization of
diagnostic testing currently available to account for
the multiple clinical manifestations of both acute and
chronic Lyme disease; and
(C) providing for the timely evaluation of
promising emerging diagnostic methods.
(2) Surveillance and reporting.--Such activities include
surveillance and reporting of Lyme and other tick-borne
diseases--
(A) to accurately determine the prevalence of Lyme
and other tick-borne diseases;
(B) to evaluate the feasibility of developing a
reporting system for the collection of data on
physician-diagnosed cases of Lyme disease that do not
meet the surveillance criteria of the Centers for
Disease Control and Prevention in order to more
accurately gauge disease incidence; and
(C) to evaluate the feasibility of creating a
national uniform reporting system including required
reporting by laboratories in each State.
(3) Prevention.--Such activities include--
(A) the provision and promotion of access to a
comprehensive, up-to-date clearinghouse of peer-
reviewed information on Lyme and other tick-borne
diseases;
(B) increased public education related to Lyme and
other tick-borne diseases through the expansion of the
Community Based Education Programs of the Centers for
Disease Control and Prevention to include expansion of
information access points to the public;
(C) the creation of a physician education program
that includes the full spectrum of scientific research
related to Lyme and other tick-borne diseases, and, in
coordination with the Advisory Committee established
under section 3, the publication of an annual report
that evaluates published guidelines and current
research available on Lyme disease, in order to best
educate health professionals on the latest research and
diversity of treatment options for Lyme disease; and
(D) the sponsoring of scientific conferences on
Lyme and other tick-borne diseases, including reporting
and consideration of the full spectrum of clinically
based knowledge, with the first of such conferences to
be held not later than 24 months after the date of
enactment of this Act.
(4) Clinical outcomes research.--Such activities include--
(A) the establishment of epidemiological research
objectives to determine the long-term course of illness
for Lyme disease; and
(B) determination of the effectiveness of different
treatment modalities by establishing treatment outcome
objectives.
(c) Authorization of Appropriations.--
(1) In general.--For the purposes of carrying out this
section, and for the purposes of providing for additional
research, prevention, and educational activities for Lyme and
other tick-borne diseases, there is authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 2012 through 2016.
(2) Additional amounts.--The authorization of
appropriations under this subsection is in addition to any
other authorization of appropriations available for the
purposes described in paragraph (1).
SEC. 5. REPORTS ON LYME AND OTHER TICK-BORNE DISEASES.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, and annually thereafter, the Secretary shall
submit to Congress a report on the activities carried out under this
Act.
(b) Content.--Reports under subsection (a) shall contain--
(1) significant activities or developments related to the
surveillance, diagnosis, treatment, education, or prevention of
Lyme or other tick-borne diseases, including suggestions for
further research and education;
(2) a scientifically qualified assessment of Lyme and other
tick-borne diseases, including both acute and chronic
instances, related to the broad spectrum of empirical evidence
of treating physicians, as well as published peer reviewed
data, that shall include recommendations for addressing
research gaps in diagnosis and treatment of Lyme and other
tick-borne diseases and an evaluation of treatment guidelines
and their utilization;
(3) progress in the development of accurate diagnostic
tools that are more useful in the clinical setting for both
acute and chronic disease;
(4) the promotion of public awareness and physician
education initiatives to improve the knowledge of health care
providers and the public regarding clinical and surveillance
practices for Lyme disease and other tick-borne diseases; and
(5) a copy of the most recent annual report issued by the
Tick-Borne Diseases Advisory Committee established under
section 3 and an assessment of progress in achieving the
recommendations included in the Committee's report. | Lyme and Tick-Borne Disease Prevention, Education, and Research Act of 2011 - Requires the Secretary of Health and Human Services (HHS) to establish the Tick-Borne Diseases Advisory Committee. Requires the Committee to advise the Secretary and the Assistant Secretary for Health regarding the manner in which such officials can: (1) ensure interagency coordination and communication and minimize overlap regarding efforts to address tick-borne diseases; (2) identify opportunities to coordinate efforts with other federal agencies and private organizations addressing such diseases; (3) ensure interagency coordination and communication with constituency groups; (4) ensure that a broad spectrum of scientific viewpoints are represented in public heath policy decisions and that information disseminated to the public and physicians is balanced; and (5) advise relevant federal agencies on priorities related to Lyme and other tick-borne diseases. Directs the Committee to regularly review published public and private treatment guidelines and evaluate such guidelines for effective representation of a wide variety of views.
Requires the Secretary, acting as appropriate through various federal officials, to provide for the coordination of all federal programs and activities related to Lyme and other tick-borne diseases and the conduct or support of specified activities, including: (1) developing sensitive and accurate diagnostic tools and tests, (2) improving the efficient utilization of diagnostic testing currently available; (3) surveillance and reporting of Lyme and other tick-borne diseases; (4) providing and promoting access to a clearinghouse of information on such diseases; (5) increasing public education related to such diseases; (6) creating a physician education program to educate health professionals on the latest research and diversity of treatment options for Lyme disease; (7) establishing epidemiological research objectives; and (8) determining the effectiveness of different treatment modalities. | A bill to provide for the expansion of Federal efforts concerning the prevention, education, treatment, and research activities related to Lyme and other tick-borne disease, including the establishment of a Tick-Borne Diseases Advisory Committee. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Corporation Reauthorization
Act of 2006''.
SEC. 2. PURPOSES OF THE CORPORATION.
(a) Purposes.--Section 33(b) of the Small Business Act (15 U.S.C.
657c(b)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) to establish and maintain a national network of
information and assistance centers for use by veterans and the
public by--
``(A) providing information regarding small
business oriented employment or development programs;
``(B) providing access to studies and research
concerning the management, financing, and operation of
small business enterprises, small business
participation in international markets, export
promotion, and technology transfer;
``(C) providing referrals to business analysts who
can provide direct counseling to veteran small business
owners regarding the subjects described in this
section;
``(D) serving as an information clearinghouse for
business development and entrepreneurial assistance
materials, as well as other veteran assistance
materials, as deemed necessary, that are provided by
Federal, State and local governments; and
``(E) providing assistance to veterans and service-
disabled veterans in efforts to gain access to Federal
prime contracts and subcontracts; and''; and
(2) in paragraph (2), by striking ``including service-
disabled veterans'' and inserting ``particularly service-
disabled veterans''.
SEC. 3. MANAGEMENT OF THE CORPORATION.
(a) Appointments to the Board.--Section 33(c)(2) of the Small
Business Act (15 U.S.C. 657c(c)(2)) is amended to read as follows:
``(2) Appointment of voting members.--
``(A) In general.--The President shall, after
considering recommendations proposed under subparagraph
(B), appoint the 9 voting members of the Board, all of
whom shall be United States citizens, and not more than
5 of whom shall be members of the same political party.
``(B) Recommendations.--Recommendations shall be
submitted to the President for appointments under this
paragraph by the chairman or ranking member (or both)
of the Committee on Small Business and Entrepreneurship
or the Committee on Veterans Affairs (or both) of the
Senate or the Committee on Small Business or the
Committee on Veterans Affairs (or both) of the House of
Representatives.
``(C) Consultation with veteran organizations.--
Recommendations under subparagraph (B) shall be made
after consultation with such veteran service
organizations as are determined appropriate by the
member of Congress making the recommendation.
``(D) Considerations.--Consideration for
eligibility for membership on the Board shall include
business experience, knowledge of veterans' issues, and
ability to raise funds for the Corporation.
``(E) Limitation on internal recommendations.--No
member of the Board may recommend an individual for
appointment to another position on the Board.''.
(b) Terms.--Section 33(c)(6) of the Small Business Act (15 U.S.C.
657c(c)(6)) is amended to read as follows:
``(6) Terms of appointed members.--
``(A) In general.--Each member of the Board of
Directors appointed under paragraph (2) shall serve for
a term of 4 years.
``(B) Unexpired terms.--Any member of the Board of
Directors appointed to fill a vacancy occurring before
the expiration of the term for which the member's
predecessor was appointed shall be appointed only for
the remainder of the term. A member of the Board of
Directors may not serve beyond the expiration of the
term for which the member is appointed.''.
(c) Removal of Board Members.--Section 33(c) of the Small Business
Act (15 U.S.C. 657c(c)) is amended by adding at the end the following:
``(12) Removal of members.--With the approval of a majority
of the Board of Directors and the approval of the chairmen and
ranking members of the Committee on Small Business and
Entrepreneurship and the Committee on Veterans Affairs of the
Senate, the Corporation may remove a member of the Board of
Directors that is deemed unable to fulfill his or her duties,
as established under this section.''.
SEC. 4. TIMING OF TRANSFER OF ADVISORY COMMITTEE DUTIES.
Section 33(h) of the Small Business Act (15 U.S.C. 657c(h)) is
amended by striking ``October 1, 2006'' and inserting ``October 1,
2009''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 33(k) of the Small Business Act (15 U.S.C. 657c(k)(1)) is
amended--
(1) in paragraph (1)--
(A) by inserting ``, through the Office of
Veteran's Business Development of the Administration,''
after ``to the Corporation''; and
(B) by striking subparagraphs (A) through (D) and
inserting the following:
``(A) $2,000,000 for fiscal year 2007;
``(B) $2,000,000 for fiscal year 2008; and
``(C) $2,000,000 for fiscal year 2009.'';
(2) by striking paragraph (2) and inserting the following:
``(2) Matching requirements.--
``(A) In general.--The Administration shall
require, as a condition of any grant (or amendment or
modification thereto) made to the Corporation under
this section, that a matching amount (excluding any
fees collected from recipients of such assistance)
equal to the amount of such grant be provided from
sources other than the Federal Government.
``(B) Limitation.--Not more than 33 percent of the
total revenue of the Corporation, including the funds
raised for use at the Veteran's Business Resource
Centers, may be acquired from fee-for-service tools or
direct charge to the veteran receiving services, as
described in this section, except that the amount of
any such fee or charge may not exceed the amount of
such fee or charge in effect on the date of enactment
of the Veterans Corporation Reauthorization Act of
2006.
``(C) Mission-related limitation.--The Corporation
may not engage in revenue producing programs, services,
or related business ventures that are not intended to
carry out the mission and activities described in
section (b).
``(D) Return to treasury.--Funds appropriated under
this section that have not been expended at the end of
the fiscal year for which they were appropriated shall
revert back to the Treasury.''; and
(3) by striking paragraph (3).
SEC. 6. PRIVATIZATION.
Section 33 of the Small Business Act (15 U.S.C. 657c) is amended--
(1) by striking subsections (f) and (i); and
(2) by redesignating subsections (g), (h), (j), and (k) as
subsections (f) through (i), respectively; and
(3) by adding at the end the following:
``(j) Privatization.--
``(1) Development of plan.--Not later than 6 months after
the date of enactment of the Veterans Corporation
Reauthorization Act of 2006, the Corporation shall develop,
institute, and implement a plan to raise private funds and
become a self-sustaining corporation.
``(2) GAO audit and report.--
``(A) Audit.--The Comptroller General of the United
States shall conduct an audit of the Corporation, in
accordance with generally accepted accounting
principles and generally accepted audit standards.
``(B) Inclusions.--The audit required by this
paragraph shall include--
``(i) an evaluation of the efficacy of the
Corporation in carrying out the purposes under
section (b); and
``(ii) an analysis of the feasibility of
the sustainability plan developed by the
Corporation.
``(C) Report.--Not later than 1 year after the date
of enactment of the Veterans Corporation
Reauthorization Act of 2006, the Comptroller General
shall submit a report on the audit conducted under this
paragraph to the Committee on Small Business and
Entrepreneurship and the Committee on Veterans Affairs
of the Senate and to the Committee on Small Business
and the Committee on Veterans Affairs of the House of
Representatives.''. | Veterans Corporation Reauthorization Act of 2006 - Amends the Small Business Act to make it the principal purpose of the Veterans Corporation to establish and maintain a national network of information and assistance centers for use by veterans and the public.
Revises requirements for appointment of voting members of the Board of the Corporation. Shortens the term of appointment from six to four years. Provides for removal of a Board member deemed unable to fulfill his or her duties.
Postpones from October 1, 2006, to October 1, 2009, the date upon which the Corporation shall assume the duties of the Advisory Committee on Veterans Affairs.
Extends the authorization of appropriations. Revises grant matching requirements, establishing limitations on the Corporation's nonfederal sources of revenue.
Directs the Corporation to develop and implement a plan to raise private funds and become a self-sustaining corporation within six months after enactment of this Act. | A bill to amend the Small Business Act, to reform and reauthorize the National Veterans Business Development Corporation, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``General Services Administration
Portfolio Enhancement Act of 2007''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) CERCLA.--The term ``CERCLA'' means the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.).
(3) Committees.--The term ``Committees'' means the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate.
(4) Museum.--The term ``Museum'' means the National Health
Museum, Inc., a District of Columbia nonprofit corporation
exempt from taxation pursuant to section 501(c)(3) of the
Internal Revenue Code of 1986.
(5) Northern portion of the property.--The term ``northern
portion of the property'' means that portion of the property
which the Administrator and the Museum deem appropriate for the
museum facility.
(6) Property.--The term ``property'' means the property
located in the District of Columbia, subject to survey and as
determined by the Administrator, generally consisting of
Squares 325 and 326, and the westerly portions of Squares 351
and 352, including the parcel and structure commonly known as
the ``Cotton Annex''. The property is generally bounded by 12th
Street, Independence Avenue, Maryland Avenue, the James
Forrestal Building, and L'Enfant Plaza, all in Southwest
Washington, District of Columbia, and shall include all
associated air rights, improvements thereon, and appurtenances
thereto.
(7) Southern portion of the property.--The term ``southern
portion of the property'' means that portion of the property
other than the northern portion of the property.
SEC. 3. CONVEYANCE OF PROPERTY.
(a) Authority to Convey.--
(1) In general.--Subject to the requirements of this Act,
the Administrator shall convey the northern portion of the
property to the Museum, and shall have the authority to convey
the southern portion of the property to the Museum, in each
case on such terms and conditions as the Administrator
considers reasonable and appropriate to protect the interests
of the United States and further the purposes of this Act.
(2) Agreement.--As soon as practicable, but not later than
90 days after the date of enactment of this Act, the
Administrator shall enter into an agreement with the Museum for
the conveyance.
(3) Terms and conditions.--The terms and conditions of the
agreement shall address, among other things, mitigation of
developmental impacts to existing Federal buildings and
structures, security concerns, and operational protocols for
development and use of the property.
(4) Separate conveyance of northern and southern
portions.--Under the agreement, the Administrator may convey
the northern portion of the property separately from and, if so
agreed by the Administrator and the Museum, at a different time
than the southern portion of the property (if such southern
portion is conveyed).
(b) Purchase Price.--
(1) In general.--The purchase price for the property shall
be its fair market value based on its highest and best use as
determined by an independent appraisal commissioned by the
Administrator and paid for by the Museum.
(2) Selection of appraiser.--The appraisal shall be
performed by an appraiser mutually acceptable to the
Administrator and the Museum.
(3) Terms and conditions for appraisal.--
(A) In general.--Except as provided by subparagraph
(B), the assumptions, scope of work, and other terms
and conditions related to the appraisal assignment
shall be mutually acceptable to the Administrator and
the Museum.
(B) Required terms.--The following terms and
conditions shall apply to the appraisal:
(i) The appraisal shall assume that the
property does not contain hazardous substances
(as defined in section 101 of CERCLA (42 U.S.C.
9601)) which require response action (as
defined in such section).
(ii) The appraisal shall state a value for
the property as a whole as well as separate
values for the northern portion and southern
portion of the property, taking into
consideration the impact to value (if any)
resulting from a conveyance of less than the
entirety of the property.
(c) Application of Proceeds.--The purchase price shall be paid into
the Federal Buildings Fund established under section 592 of title 40,
United States Code. Upon deposit, the Administrator may expend the
proceeds from the conveyance for any lawful purpose consistent with
existing authorities granted to the Administrator; except that the
Administrator shall provide the Committees with 30 days advance written
notice of any expenditure of the proceeds.
(d) Quit Claim Deed.--The property shall be conveyed (in the case
of the southern portion of the property, if at all) pursuant to one or
more quit claim deeds (one for the northern portion of the property and
one for the southern portion of the property),
(e) Use Restrictions.--
(1) Northern portion.--The northern portion of the property
shall be dedicated for use as a site for a national health
museum for the 99-year period beginning on date of conveyance
of that portion to the Museum.
(2) Southern portion.--The southern portion of the property
may be used for any purposes permitted by applicable laws and
regulations.
(f) Reversion.--
(1) Bases for reversion.--The northern portion of the
property shall revert to the United States, at the option of
the United States, without any obligation for repayment by the
United States of any amount of the purchase price for the
property, if--
(A) that portion is not used as a site for a
national health museum at any time during the 99-year
period referred to in subsection (e); or
(B) the Museum has not commenced construction of a
museum facility on that portion in the 5-year period
beginning on the date of enactment of this Act, other
than for reasons beyond the control of the Museum as
reasonably determined by the Administrator.
(2) Enforcement.--The Administrator may perform any acts
necessary to enforce the reversionary rights provided in this
section.
(3) Custody of property upon reversion.--If any portion of
the property reverts to the United States pursuant to this
section, such property shall be under the custody and control
of the Administrator.
(g) Closing.--
(1) Deadline.--Any conveyance pursuant to this Act shall
occur not later than 3 years after the date of enactment of
this Act. The Administrator may extend that period for such
time as is reasonably necessary for the Museum to perform its
obligations under section 4(a).
(2) Applicability of requirements.--The requirements of
this Act shall remain in full force and effect with respect to
any portion of the property conveyed before the deadline
established by paragraph (1) or any extension.
SEC. 4. ENVIRONMENTAL MATTERS.
(a) Authorization To Contract for Environmental Response Actions.--
The Administrator is authorized to contract, in the absence of
appropriations and otherwise without regard to section 1341 of title
31, United States Code, with the Museum or an affiliate thereof for the
performance (on behalf of the Administrator) of response actions (if
any) required on the property pursuant to CERCLA. Any officer or
employee of the United States may contract for payment of costs or
expenses related to any properties that are conveyed (or to be
conveyed) under this Act.
(b) Crediting of Response Costs.--Any costs incurred by the Museum
or an affiliate thereof pursuant to subsection (a) shall be credited to
the purchase price for the property.
(c) Relationship to CERCLA.--Nothing in this Act may be construed
to affect or limit the application of or obligation to comply with any
environmental law, including section 120(b) of CERCLA (42 U.S.C.
9620(b)).
SEC. 5. INCIDENTAL COSTS.
(a) Responsibilities.--Subject to section 4, the Museum shall bear
any and all costs associated with complying with the provisions of this
Act, including studies and reports, surveys, relocating tenants, and
mitigating impacts to existing Federal buildings and structures
resulting directly from the development of the property by the Museum.
(b) Relocation of Existing Tenants.--The costs of relocating
existing tenants (including the costs of related studies), shall be
paid by the Museum up to an amount to be agreed upon by the
Administrator and the Museum in the agreement entered into under
section 3(a)(2), and any costs in excess of such agreed upon amount
shall be credited to the purchase price for the property upon the
closing on the portion of the property first conveyed.
SEC. 6. LAND USE APPROVALS.
(a) Existing Authorities.--Nothing in this Act shall be construed
as limiting or affecting the authority or responsibilities of the
National Capital Planning Commission or the Commission of Fine Arts.
(b) Cooperation.--
(1) Zoning and land use.--Subject to paragraph (2), the
Administrator shall reasonably cooperate with the Museum with
respect to any zoning or other land use matter relating to
development of the property in accordance with this Act. Such
cooperation shall include consenting to applications by the
Museum for applicable zoning and permitting with respect to the
property.
(2) Limitations.--The Administrator shall not be required
to incur any costs with respect to cooperation under this
subsection and any consent provided under this subsection shall
be premised on the property being developed and operated in
accordance with this Act.
SEC. 7. REPORTS.
Not later than one year after the date of enactment of this Act,
and annually thereafter until the end of the 5-year period following
conveyance of the northern portion of the property or until substantial
completion of the museum facility (whichever is later), the Museum
shall submit annual reports to the Administrator and the Committees
detailing the development and construction activities of the Museum
with respect to this Act. | General Services Administration Portfolio Enhancement Act of 2007 - Directs the Administrator of General Services (GSA) to convey to the National Health Museum, Inc. (the Museum) the northern part of specified property in the District of Columbia, which the Administrator and the Museum deem appropriate for a museum facility.
Grants the Administrator the authority to convey the southern part of such property to the Museum.
Requires the Administrator to enter into an agreement with the Museum for the conveyance.
Permits separate conveyance of the northern and southern parts.
Requires the northern part to be dedicated for use as a site for a national health museum for a 99-year period and allows the southern part to be used for any purposes permitted by applicable laws and regulations. | A bill to authorize the Administrator of General Services to convey a parcel of real property in the District of Columbia. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Border Act of 2012''.
SEC. 2. STRATEGY TO ACHIEVE OPERATIONAL CONTROL OF THE BORDER.
(a) Strategy to Secure the Border Between the Ports of Entry.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall submit to the appropriate
congressional committees a comprehensive strategy for gaining, within
five years, operational control of the international borders between
the ports of entry of the United States. The strategy shall include an
analysis of the following:
(1) Staffing requirements for all border security
functions.
(2) Investment in infrastructure, including pedestrian
fencing, vehicle barriers, and roads.
(3) The use of unmanned aerial vehicles, camera technology,
sensors, and other innovative technology as the Secretary may
determine.
(4) Cooperative agreements with international, State,
local, tribal, and other Federal law enforcement agencies that
have jurisdiction on the northern border and southern border.
(5) Other means designed to detect, respond to, and
interdict unlawful cross-border activity and to reduce the
level of violence.
(6) A schedule for implementing security measures,
including a prioritization for future investments.
(7) A comprehensive technology plan for major surveillance
and detection technology programs, including a justification
and rationale for technology choices and deployment locations.
(8) The recommendations made in the December 2010
Government Accountability Office report entitled ``Enhanced DHS
Oversight and Assessment of Interagency Coordination is Needed
for the Northern Border''.
(b) Securing the Border at Ports of Entry.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Homeland
Security shall develop metrics to measure the effectiveness of security
at ports of entry, which shall consider, at minimum, the following:
(1) The number of infractions related to personnel and
cargo committed by major violators who are apprehended by U.S.
Customs and Border Protection at such ports of entry.
(2) The estimated number of such infractions committed by
major violators who are not so apprehended.
(3) The required number of U.S. Customs and Border
Protection Officers, Agricultural Specialists, and Canine
Enforcement Officers necessary to achieve operational control
at such ports of entry.
(4) Infrastructure improvements required to achieve
operational control at such ports of entry, including the
installation of nonintrusive detection equipment, radiation
portal monitors, biometrics, and other sensors and technology
that the Secretary determines necessary.
(5) The deployment of resources based on the overall
commercial and passenger traffic, cargo volume, and threat
environment at such ports of entry.
(6) The recommendations made in the December 2010
Government Accountability Office report entitled ``Enhanced DHS
Oversight and Assessment of Interagency Coordination is Needed
for the Northern Border''.
(c) Evaluation by Department of Energy National Laboratory.--The
Secretary of Homeland Security shall request the head of an appropriate
Department of Energy National Laboratory with prior expertise in border
security to evaluate the measurement system required under subsection
(b) to ensure its suitability and statistical validity for analyzing
progress for the interdiction of illegal crossing and contraband at
ports of entry.
(d) Consideration of Alternative Border Security Standards.--If in
developing the strategic plan required under subsection (a) the
Secretary of Homeland Security makes a determination to measure
security between border ports of entry by a standard other than
operational control, the Secretary shall request the head of an
appropriate Department of Energy National Laboratory with prior
expertise in border security to evaluate such alternative standard to
ensure the suitability and statistical validity of such standard with
respect to measuring the progress for the interdiction of illegal
crossings and contraband that pass between such ports of entry.
(e) Reports.--Not later than 60 days after the date of the
enactment of this Act and annually thereafter, the Secretary of
Homeland Security shall submit the appropriate congressional committee
a report on the following:
(1) A resource allocation model for current and future year
staffing requirements that includes optimal staffing levels at
all land, air, and sea ports of entry and an explanation of
U.S. Customs and Border Protection methodology for aligning
staffing levels and workload to threats and vulnerabilities
across all mission areas.
(2) Detailed information on the level of manpower data
available at all land, air, and sea ports of entry, including
the number of canine and agricultural officers assigned to each
such port of entry.
(f) Definitions.--In this Act:
(1) Appropriate congressional committee.--The term
``appropriate congressional committee'' means the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate.
(2) Major violator.--The term ``major violator'' means a
person or entity that is or has engaged in serious criminal
activities at any land, air, or sea port of entry, including
possession of narcotics, smuggling of prohibited products,
human smuggling, weapons possession, use of fraudulent United
States documents, and other offenses serious enough to result
in arrest.
(3) Operational control.--The term ``operational control''
has the meaning given such term in section 2(b) of the Secure
Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
Passed the House of Representatives May 30, 2012.
Attest:
KAREN L. HAAS,
Clerk. | Secure Border Act of 2012 - Directs the Secretary of Homeland Security (DHS) to submit to the appropriate congressional committees a comprehensive strategy for gaining, within five years, operational control of the international borders between U.S. ports of entry.
Requires such strategy to include an analysis of: (1) staffing requirements; (2) infrastructure needs; (3) the use of unmanned aerial vehicles, camera technology, sensors, and other innovative technology; (4) cooperative agreements with international, state, local, tribal, and other federal law enforcement agencies; (5) other means designed to respond to unlawful cross-border activity and to reduce the level of violence; (6) a schedule for implementing security measures; (7) a plan for major surveillance and detection technology programs; and (8) the recommendations made in the Government Accountability Office (GAO) report "Enhanced DHS Oversight and Assessment of Interagency Coordination is Needed for the Northern Border." Directs the Secretary to develop metrics to measure security effectiveness at ports of entry which shall consider: (1) the number of infractions related to personnel and cargo committed by major violators; (2) the required number of U.S. Customs and Border Protection Officers, Agricultural Specialists, and Canine Enforcement Officers necessary to achieve operational control; (3) infrastructure improvements; (4) resource deployment; and (5) the recommendations made in such GAO report.
Sets forth reporting requirements. | To achieve operational control of and improve security at the international land borders of the United States, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Tax Moratorium and Equity
Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The moratorium of the Internet Tax Freedom Act on new
taxes on Internet access and on multiple and discriminatory
taxes on electronic commerce should be extended.
(2) States should be encouraged to simplify their sales and
use tax systems.
(3) As a matter of economic policy and basic fairness,
similar sales transactions should be treated equally, without
regard to the manner in which sales are transacted, whether in
person, through the mails, over the telephone, on the Internet,
or by other means.
(4) Congress may facilitate such equal taxation consistent
with the United States Supreme Court's decision in Quill Corp.
v. North Dakota.
(5) States that adequately simplify their tax systems
should be authorized to correct the present inequities in
taxation through requiring sellers to collect taxes on sales of
goods or services delivered in-state, without regard to the
location of the seller.
(6) The States have experience, expertise, and a vital
interest in the collection of sales and use taxes, and thus
should take the lead in developing and implementing sales and
use tax collection systems that are fair, efficient, and non-
discriminatory in their application and that will simplify the
process for both sellers and buyers.
(7) Online consumer privacy is of paramount importance to
the growth of electronic commerce and must be protected.
SEC. 3. EXTENSION OF INTERNET TAX FREEDOM ACT MORATORIUM THROUGH 2005.
Section 1101(a) of the Internet Tax Freedom Act (47 U.S.C. 151
note) is amended by striking ``3 years after the date of the enactment
of this Act--'' and inserting ``on December 31, 2005:''.
SEC. 4. STREAMLINED SALES AND USE TAX SYSTEM.
(a) Development of Streamlined System.--It is the sense of the
Congress that States and localities should work together, with the
advice of the National Conference of Commissioners on Uniform State
Laws, to develop a streamlined sales and use tax system that addresses
the following in the context of remote sales:
(1) A centralized, one-stop, multi-state registration
system for sellers.
(2) Uniform definitions for goods or services, whose sale
may, by State action, be included in the tax base.
(3) Uniform rules for attributing transactions to
particular taxing jurisdictions.
(4) Uniform procedures for--
(A) the designation and identification of
purchasers exempt from sales and use taxes; and
(B) immunization from liability for sellers that
rely on such State procedures.
(5) Uniform procedures for the certification of software
that sellers rely on to determine sales and use tax rates and
taxability.
(6) Uniform bad debt rules.
(7) A uniform format for tax returns and remittance forms.
(8) Consistent electronic filing and remittance methods.
(9) State administration of all State and local sales and
use taxes.
(10) Uniform audit procedures, including a provision giving
a seller the option to be subject to no more than a single
audit per year using those procedures; provided that if the
seller does not comply with the procedures to elect a single
audit, any States can conduct an audit using those procedures.
(11) Reasonable compensation for tax collection by sellers.
(12) Exemption from use tax collection requirements for
remote sellers falling below a de minimis threshold of
$5,000,000 in gross annual sales.
(13) Appropriate protections for consumer privacy.
(14) Such other features that the States deem warranted to
promote simplicity, uniformity, neutrality, efficiency, and
fairness.
(b) No Undue Burden.--The Congress finds that, if adopted, the
system described in subsection (a) will not place an undue burden on
interstate commerce or burden the growth of electronic commerce and
related technologies in any material way.
SEC. 5. INTERSTATE SALES AND USE TAX COMPACT.
(a) Authorization and Consent.--In general, the States are
authorized to enter into an Interstate Sales and Use Tax Compact.
Subject to subsection (c), the Congress consents to their entry into
that Compact. The Compact shall describe a uniform, streamlined sales
and use tax system consistent with section 4(a), and shall provide that
States joining the Compact must adopt that system.
(b) Expiration.--The authorization and consent in subsection (a)
shall expire if the Compact has not been formed before January 1, 2006.
(c) Congressional Consent Withdrawn if Compact Disapproved.--
(1) Adopting states to transmit.--Upon the 20th State
becoming a signatory to the Compact, the adopting States shall
transmit a copy of the Compact to Congress.
(2) Congressional action.--The consent of the Congress to
the Compact is withdrawn if the Congress, by law, disapproves
the Compact within 120 days (computed in accordance with
section 154 of the Trade Act of 1974 (19 U.S.C. 2194)) after
the adopting States transmit it to the Congress.
SEC. 6. AUTHORIZATION TO SIMPLIFY STATE USE-TAX RATES THROUGH
AVERAGING.
(a) In General.--A State that levies a use tax shall impose a
single, uniform State-wide use-tax rate on all remote sales on which it
assesses a use tax for any calendar year for which the State meets the
requirements of subsection (b).
(b) Averaging Requirement.--A State meets the requirements of this
subsection for any calendar year in which the single, uniform State-
wide use-tax rate is in effect if such rate is no greater than the
weighted average of the sales tax rates actually imposed by a State and
its local jurisdictions during the second calendar year prior to such
calendar year.
(c) Computation of Rate No Greater Than Weighted Average.--For
purposes of subsection (b), a State-wide use tax rate is no greater
than the weighted average of the sales tax rates imposed in a prior
calendar year only if, had such rate been assessed during such prior
calendar year on all sales on which a sales tax was actually assessed
by such State and its local jurisdictions, such rate would not have
yielded a greater total assessment of taxes than the total taxes
actually assessed on such sales during such year.
(d) Annual Option To Collect Actual Tax.--Notwithstanding
subsection (a), a remote seller has the annual option of collecting
applicable State and local use taxes throughout a State.
SEC. 7. AUTHORIZATION TO REQUIRE COLLECTION OF USE TAXES.
(a) Grant of Authority.--
(1) States that adopt the system may require collection.--
Any State that has adopted the system described in the Compact
is authorized, notwithstanding any other provision of law, to
require all sellers not qualifying for the de minimis exception
to collect and remit sales and use taxes on remote sales to
purchasers located in such State after the expiration of the
120 day period described by section 5(c)(2) unless the Compact
is disapproved under section 5(c).
(2) States that do not adopt the system may not require
collection.--Paragraph (1) does not extend to any State that
does not adopt the system described in the Compact.
(b) No Effect on Nexus, Etc.--No obligation imposed by virtue of
authority granted by subsection (a)(1) or denied by subsection (a)(2)
shall be considered in determining whether a seller has a nexus with
any State for any other tax purpose. Except as provided in subsection
(a), nothing in this Act permits or prohibits a State--
(1) to license or regulate any person;
(2) to require any person to qualify to transact intrastate
business; or
(3) to subject any person to State taxes not related to the
sale of goods or services.
SEC. 8. LIMITATION.
In general, nothing in this Act shall be construed as subjecting
sellers to franchise taxes, income taxes, or licensing requirements of
a State or political subdivision thereof, nor shall anything in this
Act be construed as affecting the application of such taxes or
requirements or enlarging or reducing the authority of any State or
political subdivision to impose such taxes or requirements.
SEC. 9. DEFINITIONS.
In this Act:
(1) State.--The term ``State'' means any State of the
United States of America and includes the District of Columbia.
(2) Goods or services.--The term ``goods or services''
includes tangible and intangible personal property and
services.
(3) Remote sale.--The term ``remote sale'' means a sale in
interstate commerce of goods or services attributed, under the
rules established pursuant to section 4(a)(3) of this Act, to a
particular taxing jurisdiction that could not, except for the
authority granted by this Act, require that the seller of such
goods or services collect and remit sales or use taxes on such
sale.
(4) Locus of remote sale.--The term ``particular taxing
jurisdiction'', when used with respect to the location of a
remote sale means a remote sale of goods or services
attributed, under the rules established pursuant to section
4(a)(3) of this Act, to a particular taxing jurisdiction. | Expresses the sense of the Congress that States and localities should work together, with the advice of the National Conference of Commissioners on Uniform State Laws, to develop a uniform streamlined sales and use tax system that addresses remote sales.
Authorizes States to enter into an Interstate Sales and Use Tax Compact which shall describe a uniform, streamlined sales and use tax system consistent with such system. | Internet Tax Moratorium and Equity Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bovine Growth Hormone Moratorium Act
of 1993''.
SEC. 2. SALE OF MILK PRODUCED WITH BOVINE GROWTH HORMONE.
Section 204 of the Agricultural Act of 1949 (7 U.S.C. 1446e) is
amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new
subsection:
``(k) Sale of Milk Produced With Bovine Growth Hormone.--
``(1) Definitions.--As used in this subsection:
``(A) Bovine growth hormone.--The term `bovine
growth hormone' means--
``(i) a substance known as bovine
somatotropin, bST, BST, bGH, or BGH; and
``(ii) a growth hormone, intended for use
in bovine, that has been produced through
recombinant DNA techniques.
``(B) Cow.--The term `cow' means a bovine animal.
``(2) Prohibition on sale.--During the period beginning 30
days after the date of enactment of the Bovine Growth Hormone
Moratorium Act of 1993 and ending on the date of submission to
Congress of the report required under paragraph (5), it shall
be unlawful for a person to market for commercial use milk
produced by a cow after the cow was injected with bovine growth
hormone if the person knew, or should have known, that the cow
was injected with the hormone and that the milk could be
marketed for commercial use.
``(3) Records.--
``(A) In general.--During the period referred to in
paragraph (2), a person who sells bovine growth hormone
or injects the hormone into a cow shall prepare and
maintain records that comply with the regulations
issued by the Secretary under subparagraph (B).
``(B) Regulations.--
``(i) Persons covered.--Not later than 30
days after the date of enactment of the Bovine
Growth Hormone Moratorium Act of 1993, the
Secretary shall issue regulations that
require--
``(I) persons who sell bovine
growth hormone; and
``(II) persons who inject bovine
growth hormone into cows,
to create and maintain records that contain the
applicable information specified in clause
(ii).
``(ii) Information.--Regulations issued
under this subparagraph shall require records
to contain a description of--
``(I) the quantity and source of
the bovine growth hormone obtained (by
manufacture, purchase, or any other
means);
``(II) the date on which the
hormone was obtained; and
``(III) the identity of each person
to whom the hormone was sold or
otherwise distributed, the cows into
which any portion of the hormone was
injected, and each person who has an
operator or ownership interest in the
cows.
``(4) Penalties.--
``(A) In general.--Except as provided in
subparagraph (B), a person who violates paragraph (2)
or (3) shall be liable for a civil penalty of $1,000.
``(B) Multiple violations.--A person who commits
more than one violation of paragraph (2), or more than
one violation of paragraph (3), shall be liable for a
civil penalty of $10,000 for each such violation after
the first such violation.
``(C) Separate violations.--For purposes of this
paragraph--
``(i) each day on which a person sells milk
in violation of paragraph (2) shall be treated
as a separate violation of paragraph (2) by the
person; and
``(ii) each day on which a person sells or
injects bovine growth hormone in violation of
paragraph (3) shall be treated as a separate
violation of paragraph (3) by the person.
``(5) Study and report.--Not later than 1 year after the
date of enactment of the Bovine Growth Hormone Moratorium Act
of 1993, the Secretary shall--
``(A) conduct a study of the economic impact of the
use of bovine growth hormone on the dairy industry and
the Federal milk price support program established
under this section; and
``(B) submit to the appropriate committees of
Congress a report summarizing in detail the results of
the study.''. | Bovine Growth Hormone Moratorium Act of 1993 - Amends the Agricultural Act of 1949 to temporarily prohibit the sale of milk produced by cows injected with bovine growth hormone if the producer knew or should have known that the cow was injected with the hormone and that the milk could be commercially marketed.
Requires the Secretary of Agriculture to study the economic impact of the use of bovine growth hormone on the dairy industry and the Federal milk price program. | Bovine Growth Hormone Moratorium Act of 1993 |
SECTION 1. INTERSTATE AND INTERNATIONAL TRANSPORTATION AND DISPOSAL OF
MUNICIPAL SOLID WASTE.
(a) In General.--Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) is amended by adding after section 4010 the
following new section:
``SEC. 4011. INTERNATIONAL TRANSPORTATION AND DISPOSAL OF MUNICIPAL
SOLID WASTE.
``(a) Authority.--A State may enact a law or laws imposing
limitations (including a prohibition) on the receipt and disposal of
foreign municipal solid waste.
``(b) Effect on Interstate and Foreign Commerce.--No State action
taken as authorized by this section shall be considered to impose an
undue burden on interstate and foreign commerce or to otherwise impair,
restrain, or discriminate against interstate and foreign commerce.
``(c) Definitions.--For purposes of this section:
``(1) Foreign municipal solid waste.--The term `foreign
municipal solid waste' means municipal solid waste generated
outside of the United States.
``(2) Municipal solid waste.--
``(A) Waste included.--Except as provided in
subparagraph (B), the term `municipal solid waste'
means--
``(i) all waste materials discarded for
disposal by households, including single and
multifamily residences, and hotels and motels;
and
``(ii) all waste materials discarded for
disposal that were generated by commercial,
institutional, municipal, and industrial
sources, to the extent such materials--
``(I) are essentially the same as
materials described in clause (i); and
``(II) were collected and disposed
of with other municipal solid waste
described in clause (i) or subclause
(I) of this clause as part of normal
municipal solid waste collection
services, except that this subclause
does not apply to hazardous materials
other than hazardous materials that,
pursuant to regulations issued under
section 3001(d), are not subject to
regulation under subtitle C.
Examples of municipal solid waste include food and yard
waste, paper, clothing, appliances, consumer product
packaging, disposable diapers, office supplies,
cosmetics, glass and metal food containers, and
household hazardous waste. Such term shall include
debris resulting from construction, remodeling, repair,
or demolition of structures.
``(B) Waste not included.--The term `municipal
solid waste' does not include any of the following:
``(i) Any solid waste identified or listed
as a hazardous waste under section 3001, except
for household hazardous waste.
``(ii) Any solid waste, including
contaminated soil and debris, resulting from--
``(I) a response action taken under
section 104 or 106 of the Comprehensive
Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9604 or
9606);
``(II) a response action taken
under a State law with authorities
comparable to the authorities of such
section 104 or 106; or
``(III) a corrective action taken
under this Act.
``(iii) Recyclable materials that have been
separated, at the source of the waste, from
waste otherwise destined for disposal or that
have been managed separately from waste
destined for disposal.
``(iv) Scrap rubber to be used as a fuel
source.
``(v) Materials and products returned from
a dispenser or distributor to the manufacturer
or an agent of the manufacturer for credit,
evaluation, and possible reuse.
``(vi) Any solid waste that is--
``(I) generated by an industrial
facility; and
``(II) transported for the purpose
of treatment, storage, or disposal to a
facility or unit thereof that is owned
or operated by the generator of the
waste, located on property owned by the
generator or a company with which the
generator is affiliated, or the
capacity of which is contractually
dedicated exclusively to a specific
generator, so long as the disposal area
complies with local and State land use
and zoning regulations applicable to
the disposal site.
``(vii) Any medical waste that is
segregated from or not mixed with solid waste.
``(viii) Sewage sludge and residuals from
any sewage treatment plant.
``(ix) Combustion ash generated by resource
recovery facilities or municipal incinerators,
or waste from manufacturing or processing
(including pollution control) operations not
essentially the same as waste normally
generated by households.''.
(b) Table of Contents Amendment.--The table of contents of the
Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding
after the item relating to section 4010 the following new item:
``Sec. 4011. International transportation and disposal of municipal
solid waste.''. | Amends the Solid Waste Disposal Act to authorize States to enact laws imposing limitations on the receipt and disposal of foreign municipal solid waste. Declares that no State action taken pursuant to such authorization shall be considered to impose an undue burden on, or to otherwise impair, restrain, or discriminate against, interstate and foreign commerce.
Lists those materials included and excluded from the definition of municipal solid waste. | To amend the Solid Waste Disposal Act to authorize States to restrict receipt of foreign municipal solid waste, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restore Open Government Act of
2004''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of Contents.
TITLE I--FREEDOM OF INFORMATION
Sec. 101. Revocation of the Ashcroft Memo and the Card Memo.
Sec. 102. Findings and policy relating to disclosure of information
under the Freedom of Information Act.
Sec. 103. Protection of voluntarily furnished confidential information.
TITLE II--PRESIDENTIAL RECORDS
Sec. 201. Revocation of Executive Order of November 1, 2001.
TITLE III--ADVISORY COMMITTEES
Sec. 301. Presidential inter-agency advisory committees.
TITLE IV--CLASSIFICATION OF INFORMATION
Sec. 401. Reducing excessive classification of information.
TITLE V--OTHER PROVISIONS
Sec. 501. Citizen actions.
TITLE I--FREEDOM OF INFORMATION
SEC. 101. REVOCATION OF THE ASHCROFT MEMO AND THE CARD MEMO.
The ``Memorandum for Heads of all Federal Departments and
Agencies'' on ``The Freedom of Information Act'' issued by Attorney
General John Ashcroft on October 12, 2001, and the ``Memorandum for the
Heads of Executive Department and Agencies'' on ``Action to Safeguard
Information Regarding Weapons of Mass Destruction and Other Sensitive
Documents Related to Homeland Security'' issued by Andrew H. Card, Jr.,
Assistant to the President and Chief of Staff on March 19, 2002, shall
have no force or effect.
SEC. 102. FINDINGS AND POLICY RELATING TO DISCLOSURE OF INFORMATION
UNDER THE FREEDOM OF INFORMATION ACT.
(a) Findings.--Congress finds the following:
(1) Public access to information held by the Federal
Government is vitally important to the functioning of a
democratic society.
(2) The Freedom of Information Act was enacted to ensure
such public access to information.
(3) The Freedom of Information Act specifies limited
exemptions to the general requirement for disclosure, where
disclosure could potentially threaten other important public
policy goals.
(4) In establishing the categories of exempt information
under the Freedom of Information Act, Congress allowed agencies
to withhold information in those categories, but did not in any
way mandate or encourage such withholding.
(b) Policy.--The policy of the Federal Government is to release
information to the public in response to a request under the Freedom of
Information Act--
(1) if such release is required by law; or
(2) if such release is allowed by law and the agency
concerned does not reasonably foresee that disclosure would be
harmful to an interest protected by an applicable exemption.
(c) Guidance.--All guidance provided to Federal Government
employees responsible for carrying out the Freedom of Information Act
shall be consistent with the policy set forth in subsection (b).
SEC. 103. PROTECTION OF VOLUNTARILY FURNISHED CONFIDENTIAL INFORMATION.
(a) In General.--Title II of the Homeland Security Act of 2002
(Public Law 107-296) is amended by striking subtitle B and inserting
the following:
``Subtitle B--Protection of Voluntarily Furnished Confidential
Information
``SEC. 211. PROTECTION OF VOLUNTARILY FURNISHED CONFIDENTIAL
INFORMATION.
``(a) Definitions.--In this section:
``(1) Critical infrastructure.--The term `critical
infrastructure' has the meaning given that term in section
1016(e) of the USA PATRIOT ACT of 2001 (42 U.S.C. 5195c(e)).
``(2) Furnished voluntarily.--
``(A) Definition.--The term `furnished voluntarily'
means a submission of a record that--
``(i) is made to the Department in the
absence of authority of the Department
requiring that record to be submitted; and
``(ii) is not submitted or used to satisfy
any legal requirement or obligation or to
obtain any grant, permit, benefit (such as
agency forbearance, loans, or reduction or
modifications of agency penalties or rulings),
or other approval from the Government.
``(B) Benefit.--In this paragraph, the term
`benefit' does not include any warning, alert, or other
risk analysis by the Department.
``(b) In General.--Notwithstanding any other provision of law, a
record pertaining to the vulnerability of and threats to critical
infrastructure (such as attacks, response, and recovery efforts) that
is furnished voluntarily to the Department shall not be made available
under section 552 of title 5, United States Code, if--
``(1) the provider would not customarily make the record
available to the public; and
``(2) the record is designated and certified by the
provider, in a manner specified by the Department, as
confidential and not customarily made available to the public.
``(c) Records Shared With Other Agencies.--
``(1) In general.--
``(A) Response to request.--An agency in receipt of
a record that was furnished voluntarily to the
Department and subsequently shared with the agency
shall, upon receipt of a request under section 552 of
title 5, United States Code, for the record--
``(i) not make the record available; and
``(ii) refer the request to the Department
for processing and response in accordance with
this section.
``(B) Segregable portion of record.--Any reasonably
segregable portion of a record shall be provided to the
person requesting the record after deletion of any
portion which is exempt under this section.
``(2) Disclosure of independently furnished records.--
Notwithstanding paragraph (1), nothing in this section shall
prohibit an agency from making available under section 552 of
title 5, United States Code, any record that the agency
receives independently of the Department, regardless of whether
or not the Department has a similar or identical record.
``(d) Withdrawal of Confidential Designation.--The provider of a
record that is furnished voluntarily to the Department under subsection
(b) may at any time withdraw, in a manner specified by the Department,
the confidential designation.
``(e) Procedures.--The Secretary shall prescribe procedures for--
``(1) the acknowledgement of receipt of records furnished
voluntarily;
``(2) the designation, certification, and marking of
records furnished voluntarily as confidential and not
customarily made available to the public;
``(3) the care and storage of records furnished
voluntarily;
``(4) the protection and maintenance of the confidentiality
of records furnished voluntarily; and
``(5) the withdrawal of the confidential designation of
records under subsection (d).
``(f) Effect on State and Local Law.--Nothing in this section shall
be construed as preempting or otherwise modifying State or local law
concerning the disclosure of any information that a State or local
government receives independently of the Department.
``(g) Report.--
``(1) Requirement.--Not later than 18 months after the date
of the enactment of the Restore Open Government Act of 2004,
the Comptroller General of the United States shall submit to
the committees of Congress specified in paragraph (2) a report
on the implementation and use of this section, including--
``(A) the number of persons in the private sector,
and the number of State and local agencies, that
furnished voluntarily records to the Department under
this section;
``(B) the number of requests for access to records
granted or denied under this section; and
``(C) such recommendations as the Comptroller
General considers appropriate regarding improvements in
the collection and analysis of sensitive information
held by persons in the private sector, or by State and
local agencies, relating to vulnerabilities of and
threats to critical infrastructure, including the
response to such vulnerabilities and threats.
``(2) Committees of congress.--The committees of Congress
specified in this paragraph are--
``(A) the Committees on the Judiciary and
Governmental Affairs of the Senate; and
``(B) the Committees on the Judiciary and
Government Reform and Oversight of the House of
Representatives.
``(3) Form.--The report shall be submitted in unclassified
form, but may include a classified annex.''.
(b) Technical and Conforming Amendment.--The table of contents for
the Homeland Security Act of 2002 (Public Law 107-296) is amended by
striking the items relating to subtitle B of title II and sections 211
through 215 and inserting the following:
``Subtitle B--Protection of Voluntarily Furnished Confidential
Information
``Sec. 211. Protection of voluntarily furnished confidential
information.''.
TITLE II--PRESIDENTIAL RECORDS
SEC. 201. REVOCATION OF EXECUTIVE ORDER OF NOVEMBER 1, 2001.
Executive Order number 13233, dated November 1, 2001 (66 Fed. Reg.
56025), shall have no force or effect, and Executive Order number
12667, dated January 18, 1989 (54 Fed. Reg. 3403), shall apply by its
terms.
TITLE III--ADVISORY COMMITTEES
SEC. 301. PRESIDENTIAL INTER-AGENCY ADVISORY COMMITTEES.
(a) Definition.--The term ``Presidential inter-agency advisory
committee'' is any committee or task force that--
(1) is composed wholly of full-time, or permanent part-
time, officers or employees of the Federal Government;
(2) includes officers or employees of at least two separate
Federal agencies;
(3) is established or utilized to provide advice, ideas, or
recommendations to the President or Vice President on a
specified topic or topics; and
(4) has at least one officer or employee assigned full-time
as a staff member of the committee to support the functions of
the committee.
(b) Requirements.--
(1) The President shall ensure that the names of the
members of the committee are published in the Federal Register.
(2) The committee must make public each substantive contact
between the advisory committee, or individual members of the
advisory committee acting on the committee's behalf, and any
person who is not a full-time or permanent part-time officer or
employee of the Federal Government, including--
(A) the date of the contact;
(B) the form of the contact (in person, by
telephone, by e-mail, or in writing);
(C) the names and affiliations of the parties
involved; and
(D) the substance of the communication and the
communication itself, if in electronic or written form.
(3) For purposes of this subsection, a contact shall be
considered substantive if the information conveyed influenced
or was reflected in any way in the committee's advice,
recommendations, or report to the President or Vice President.
TITLE IV--CLASSIFICATION OF INFORMATION
SEC. 401. REDUCING EXCESSIVE CLASSIFICATION OF INFORMATION.
As soon as possible, but in no event later than 180 days after the
date of the enactment of this Act, the President shall require Federal
departments and agencies to promote a culture of information sharing by
reducing disincentives to information sharing, including
overclassification of information and unnecessary requirements for
originator approval.
TITLE V--OTHER PROVISIONS
SEC. 501. CITIZEN ACTIONS.
Section 552(a)(4)(E) of title 5, United States Code, is amended--
(1) by inserting ``, or in any case seeking information
from a Federal agency or official under any other Federal
law,'' after ``case under this section''; and
(2) by adding at the end the following: ``For purposes of
this section, a complainant has `substantially prevailed' if
the complainant has obtained some of its requested relief
through a judicial or administrative order or an enforceable
written agreement, or if the complainant's pursuit of a
nonfrivolous claim or defense has been a catalyst for a
voluntary or unilateral change in position by the opposing
party that provides any significant part of the relief
sought.''. | Restore Open Government Act of 2004 - Revokes: (1) the " Memorandum for Heads of all Federal Departments and Agencies" on "The Freedom of Information Act" issued by Attorney General John Ashcroft on October 12, 2001; and (2) the "Memorandum for the Heads of Executive Department and Agencies" on "Action to Safeguard Information Regarding Weapons of Mass Destruction and Other Sensitive Documents Related to Homeland Security" issued by Andrew H. Card, Jr., Assistant to the President and Chief of Staff on March 19, 2002.
Declares that the policy of the Federal Government is to release information to the public in response to a request under the Freedom of Information Act (FOIA) if such release is: (1) required by law; or (2) allowed by law and the agency concerned does not reasonably foresee that disclosure would be harmful to an interest protected by an applicable exemption. Instructs that all guidance provided to Federal agencies shall be consistent with such policy.
Prohibits a record pertaining to the vulnerability of and threats to critical infrastructure that is furnished voluntarily to the Department of Homeland Security (DHS) from being made available under the FOIA if: (1) the provider would not customarily make the record available to the public; and (2) the record is designated and certified by the provider as confidential and not customarily made available to the public. (Allows the provider of such a record at any time to to withdraw the confidential designation.) Requires a Federal agency in receipt of a record that was furnished voluntarily to DHS and subsequently shared with that agency, upon receipt of a FOIA request, to: (1) not make the record available; and (2) refer the request to DHS for processing and response in accordance with this Act.
Revokes Executive Order 13233 (relating to further implementation of the Presidential Records Act), dated November 1, 2001 and makes effective Executive Order 12667 (relating to Presidential records), dated January 18, 1989.
Directs the President to ensure that the names of Presidential interagency advisory committee members are published in the Federal Register. Mandates that such a committee must make public each substantive contact between the advisory committee, or individual committee members acting on the committee's behalf, and any person who is not a full-time or permanent part-time officer or employee of the Government.
Directs the President to require Federal departments and agencies to promote a culture of information sharing by reducing disincentives to information sharing, including overclassification of information and unnecessary requirements for originator approval.
Amends the FOIA to permit a U.S. district court to assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case seeking information from a Federal agency or official under any other Federal law in which the complainant has substantially prevailed. | To restore and strengthen the laws that provide for an open and transparent Federal Government. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Boating Act of 2008''.
SEC. 2. DISCHARGES INCIDENTAL TO THE NORMAL OPERATION OF RECREATIONAL
VESSELS.
Section 402 of the Federal Water Pollution Control Act (33 U.S.C.
1342) is amended by adding at the end the following:
``(r) Discharges Incidental to the Normal Operation of Recreational
Vessels.--No permit shall be required under this Act by the
Administrator (or a State, in the case of a permit program approved
under subsection (b)) for the discharge of any graywater, bilge water,
cooling water, weather deck runoff, oil water separator effluent, or
effluent from properly functioning marine engines, or any other
discharge that is incidental to the normal operation of a vessel, if
the discharge is from a recreational vessel.''.
SEC. 3. 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) Recreational vessel.--
``(A) In general.--The term `recreational vessel'
means any vessel that is--
``(i) manufactured or used primarily for
pleasure; or
``(ii) leased, rented, or chartered to a
person for the pleasure of that person.
``(B) Exclusion.--The term `recreational vessel'
does not include a vessel that is subject to Coast
Guard inspection and that--
``(i) is engaged in commercial use; or
``(ii) carries paying passengers.''.
SEC. 4. MANAGEMENT PRACTICES FOR RECREATIONAL VESSELS.
Section 312 of the Federal Water Pollution Control Act (33 U.S.C.
1322) is amended by adding at the end the following:
``(o) Management Practices for Recreational Vessels.--
``(1) Applicability.--This subsection applies to any
discharge, other than a discharge of sewage, from a
recreational vessel that is--
``(A) incidental to the normal operation of the
vessel; and
``(B) exempt from permitting requirements under
section 402(r).
``(2) Determination of discharges subject to management
practices.--
``(A) Determination.--
``(i) In general.--The Administrator, in
consultation with the Secretary of the
department in which the Coast Guard is
operating, the Secretary of Commerce, and
interested States, shall determine the
discharges incidental to the normal operation
of a recreational vessel for which it is
reasonable and practicable to develop
management practices to mitigate adverse
impacts on the waters of the United States.
``(ii) Promulgation.--The Administrator
shall promulgate the determinations under
clause (i) in accordance with section 553 of
title 5, United States Code.
``(iii) Management practices.--The
Administrator shall develop management
practices for recreational vessels in any case
in which the Administrator determines that the
use of those practices is reasonable and
practicable.
``(B) Considerations.--In making a determination
under subparagraph (A), the Administrator shall
consider--
``(i) the nature of the discharge;
``(ii) the environmental effects of the
discharge;
``(iii) the practicability of using a
management practice;
``(iv) the effect that the use of a
management practice would have on the
operation, operational capability, or safety of
the vessel;
``(v) applicable Federal and State law;
``(vi) applicable international standards;
and
``(vii) the economic costs of the use of
the management practice.
``(C) Timing.--The Administrator shall--
``(i) make the initial determinations under
subparagraph (A) not later than 1 year after
the date of enactment of this subsection; and
``(ii) every 5 years thereafter--
``(I) review the determinations;
and
``(II) if necessary, revise the
determinations based on any new
information available to the
Administrator.
``(3) Performance standards for management practices.--
``(A) In general.--For each discharge for which a
management practice is developed under paragraph (2),
the Administrator, in consultation with the Secretary
of the department in which the Coast Guard is
operating, the Secretary of Commerce, other interested
Federal agencies, and interested States, shall
promulgate, in accordance with section 553 of title 5,
United States Code, Federal standards of performance
for each management practice required with respect to
the discharge.
``(B) Considerations.--In promulgating standards
under this paragraph, the Administrator shall take into
account the considerations described in paragraph
(2)(B).
``(C) Classes, types, and sizes of vessels.--The
standards promulgated under this paragraph may--
``(i) distinguish among classes, types, and
sizes of vessels;
``(ii) distinguish between new and existing
vessels; and
``(iii) provide for a waiver of the
applicability of the standards as necessary or
appropriate to a particular class, type, age,
or size of vessel.
``(D) Timing.--The Administrator shall--
``(i) promulgate standards of performance
for a management practice under subparagraph
(A) not later than 1 year after the date of a
determination under paragraph (2) that the
management practice is reasonable and
practicable; and
``(ii) every 5 years thereafter--
``(I) review the standards; and
``(II) if necessary, revise the
standards, in accordance with
subparagraph (B) and based on any new
information available to the
Administrator.
``(4) Regulations for the use of management practices.--
``(A) In general.--The Secretary of the department
in which the Coast Guard is operating shall promulgate
such regulations governing the design, construction,
installation, and use of management practices for
recreational vessels as are necessary to meet the
standards of performance promulgated under paragraph
(3).
``(B) Regulations.--
``(i) In general.--The Secretary shall
promulgate the regulations under this paragraph
as soon as practicable after the Administrator
promulgates standards with respect to the
practice under paragraph (3), but not later
than 1 year after the date on which the
Administrator promulgates the standards.
``(ii) Effective date.--The regulations
promulgated by the Secretary under this
paragraph shall be effective upon promulgation
unless another effective date is specified in
the regulations.
``(iii) Consideration of time.--In
determining the effective date of a regulation
promulgated under this paragraph, the Secretary
shall consider the period of time necessary to
communicate the existence of the regulation to
persons affected by the regulation.
``(5) Effect of other laws.--This subsection shall not
affect the application of section 311 to discharges incidental
to the normal operation of a recreational vessel.
``(6) Prohibition relating to recreational vessels.--After
the effective date of the regulations promulgated by the
Secretary of the department in which the Coast Guard is
operating under paragraph (4), the owner or operator of a
recreational vessel shall neither operate in nor discharge any
discharge incidental to the normal operation of the vessel
into, the waters of the United States or the waters of the
contiguous zone, if the owner or operator of the vessel is not
using any applicable management practice meeting standards
established under this subsection.''. | Clean Boating Act of 2008 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to provide that no permit shall be required by the Administrator of the Environmental Protection Agency (EPA) under the national pollutant discharge elimination system for the discharge from a recreational vessel of graywater, bilge water, cooling water, weather deck runoff, oil water separator effluent, or effluent from properly functioning marine engines or for any other discharge that is incidental to the normal operation of such vessel.
Defines a "recreational vessel" as any vessel that is leased, rented, or chartered to a person for that person's pleasure or that is manufactured or used primarily for pleasure, excluding vessels that are subject to Coast Guard inspection and that are engaged in commercial use or that carry paying passengers.
Requires the Administrator to: (1) determine the discharges that are incidental to the normal operation (excluding sewage) of a recreational vessel for which it is reasonable and practicable to develop management practices to mitigate adverse impacts on U.S. waters within a year of this Act's enactment and to review such determinations every five years; and (2) develop management practices for recreational vessels to mitigate the adverse impacts of such discharges on U.S. waters. Directs the Administrator, in determining what discharges are incidental to normal operations, to consider: (1) the nature of the discharge; (2) its environmental effects; (3) the practicability of using a management practice; (4) the effect that such practice would have on the operation, operational capability, or safety of the vessel; (5) applicable federal and state law and international standards; and (6) the economic costs of the use of the management practice.
Requires the Administrator to: (1) promulgate federal standards of performance (which may distinguish among vessel types) for each discharge for which such a management practice is developed; and (2) review them every five years. Requires the Secretary of the department in which the Coast Guard is operating to promulgate regulations governing the design, construction, installation, and use of management practices for recreational vessels as necessary to meet such standards. Prohibits a recreational vessel from operating in or discharging in U.S. waters if such owner or operator is not using applicable management practices in compliance with such regulations. | To amend the Federal Water Pollution Control Act to address certain discharges incidental to the normal operation of a recreational vessel. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Fuels for Energy Security
Act of 2001''.
SEC. 2. RENEWABLE CONTENT OF MOTOR VEHICLE FUEL.
(a) Definitions.--In this section:
(1) Biodiesel.--The term ``biodiesel'' means mono alkyl
esters of long chain fatty acids derived from renewable liquid
sources such as vegetable oils or animal fats, for use in
compression-ignition (diesel) engines.
(2) Biogas.--The term ``biogas'' means gas produced from a
biogas source.
(3) Biogas source.--The term ``biogas source'' means--
(A) a landfill;
(B) a sewage waste treatment plant;
(C) a feedlot; and
(D) any other accumulation of decaying organic
material.
(4) Biomass.--
(A) In general.--The term ``biomass'' means
lignocellulosic or hemicellulosic matter that is
available on a renewable basis.
(B) Inclusions.--The term ``biomass'' includes--
(i) dedicated energy crops and trees;
(ii) wood and wood residues;
(iii) plants;
(iv) grasses;
(v) agricultural commodities and residues;
(vi) fibers; and
(vii) animal waste, municipal solid waste,
and other waste.
(5) Biomass ethanol.--The term ``biomass ethanol'' means
ethanol derived from biomass.
(6) Renewable fuel.--The term ``renewable fuel'' means fuel
that--
(A) is--
(i) biodiesel;
(ii) ethanol or any other liquid fuel
produced from biomass; or
(iii) biogas; and
(B) is used to reduce the quantity of fossil fuel
present in a fuel mixture used to operate a motor
vehicle.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Renewable Fuel Program.--
(1) Program requirements.--The motor vehicle fuel sold or
introduced into commerce in the United States in calendar year
2002 or any calendar year thereafter by a refiner, blender, or
importer shall, on a 6-month average basis, be comprised of a
quantity of renewable fuel, measured in gasoline-equivalent
gallons (as determined by the Secretary), that is not less than
the applicable percentage by volume for the 6-month period.
(2) Applicable percentage.--
(A) In general.--For the purposes of paragraph (1),
the applicable percentage for a 6-month period of a
calendar year shall be determined in accordance with
the following table, unless modified under subparagraph
(B):
Calendar year: Applicable percentage of renewable
fuel:
2002.......................................... .8
2003.......................................... .9
2004.......................................... 1.1
2005.......................................... 1.3
2006.......................................... 1.5
2007.......................................... 1.7
2008.......................................... 2.0
2009.......................................... 2.3
2010.......................................... 2.6
2011.......................................... 3.0
2012.......................................... 3.42
2013.......................................... 3.84
2014.......................................... 4.24
2015.......................................... 4.63
2016 and thereafter........................... 5.00.
(B) Adjustments to applicable percentage.--On
petition by a State, the Secretary, in consultation
with the Secretary of Agriculture, may lower the
applicable percentage specified in subparagraph (A) for
a period of 1 calendar year with respect to motor
vehicle fuel sold or introduced into commerce in the
State, based on a determination by the Secretary, after
public notice and opportunity for comment, that during the calendar
year there is likely to be an inadequate domestic supply or
distribution capacity in the State to meet the applicable percentage
specified in subparagraph (A) for the calendar year.
(C) Petitions for adjustment.--
(i) Submission.--A State shall submit a
petition under subparagraph (B) not later than
September 1 of the year preceding the calendar
year for which the adjustment is sought.
(ii) Action on petitions.--The Secretary,
in consultation with the Secretary of
Agriculture, shall approve or deny a State
petition before the beginning of the calendar
year.
(c) Credit Program.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Secretary shall promulgate
regulations providing for the generation of an appropriate
amount of credits by a person that refines, blends, or imports
motor vehicle fuel that contains, on a 6-month average basis, a
quantity of renewable fuel that is greater than the quantity
required for that 6-month period under subsection (b).
(2) Use of credits.--A person that generates credits under
paragraph (1) may use the credits, hold the credits for later
use, or transfer all or a portion of the credits to another
person, for the purpose of complying with subsection (b).
(3) Expiration of credits.--A credit generated under this
subsection shall expire 2 years after the date on which the
credit was generated.
(4) Inability to purchase sufficient credits.--The
regulations under paragraph (1) shall include provisions
allowing a refiner, blender, or importer that is unable to
purchase sufficient credits to meet the requirements of
subsection (b) to enter into an enforceable agreement to
generate or purchase sufficient credits to make up for any
deficiency within a period of time specified in the agreement.
(5) Testing; reports.--The regulations under paragraph (1)
may include provisions requiring a refiner, blender, or
importer--
(A) to conduct tests to ascertain the composition
of fuels for the purpose of compliance with subsection
(b); and
(B) to submit to the Secretary periodic reports on
the composition of the fuels refined, blended, or
imported.
(d) Civil Penalties and Enforcement.--
(1) Civil penalties.--
(A) In general.--The Secretary may impose against a
person that fails to comply with subsection (b) or with
a regulation under subsection (c) a civil penalty in
the amount of--
(i) not more than $25,000 for each day of
the failure to comply; plus
(ii) the amount of economic benefit
realized by the person as a result of the
failure to comply.
(B) Averaging period.--Any failure to comply with
respect to a regulation under subsection (c) that
establishes a regulatory requirement based on an
averaging period shall constitute a separate day of
failure of compliance for each day of the averaging
period.
(2) Enforcement.--The Secretary may bring a civil action in
United States district court for--
(A) an order enjoining a failure to comply with
subsection (b) or with a regulation under subsection
(c); and
(B) other appropriate relief. | Renewable Fuels for Energy Security Act of 2001 - Mandates that motor vehicle fuel introduced into commerce in calendar year 2002 and beyond be composed of specified percentages of renewable fuel.Prescribes procedural guidelines for: (1) adjustments to such percentages if the Secretary of Energy determines that an inadequate domestic supply or distribution capacity exists; and (2) a renewable fuel credit program.Empowers the Secretary to impose civil penalties and bring a civil action in Federal district court for non-compliance with this Act. | To provide for the energy security of the United States and promote environmental quality by enhancing the use of motor vehicle fuels from renewable sources, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keeping Public Lands Open Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) units of the National Park System, units of the
National Forest System, units of the National Wildlife Refuge
System, and other public land--
(A) are an integral part of the conservation
heritage of the United States;
(B) provide many recreational opportunities; and
(C) support jobs and economic activity in
communities across the United States, including in many
rural areas; and
(2) it is critical that the public have uninterrupted
access to the national treasures referred to in paragraph (1).
SEC. 3. AUTOMATIC CONTINUING APPROPRIATIONS FOR CERTAIN COVERED
ACCOUNTS.
(a) Definition of Covered Account.--In this section, the term
``covered account'' means each of the following appropriation accounts:
(1) Within the Department of the Interior for the Fish and
Wildlife Service, within the resource management appropriation,
amounts made available for--
(A) the activities of the National Wildlife Refuge
System; and
(B) habitat conservation.
(2) Within the Department of the Interior for the Fish and
Wildlife Service, the appropriation for the Migratory Bird
Conservation Account.
(3) Within the Department of Agriculture for the Forest
Service, within the National Forest System appropriation,
amounts made available for--
(A) the activities of recreation, heritage, and
wilderness; and
(B) law enforcement operations.
(4) Within the Department of the Interior for the Bureau of
Land Management, within the management of land and resources
appropriation, amounts made available for--
(A) the activities of recreation management,
resource protection, and maintenance; and
(B) the National Landscape Conservation System.
(5) Within the Department of the Interior for the National
Park Service, the appropriation for the operation of the
National Park System.
(6) Within the Department of the Interior for the Fish and
Wildlife Service, the appropriation for the North American
Wetlands Conservation Fund.
(7) Within the Department of the Interior for the United
States Fish and Wildlife Service, within the resource
management appropriation, under the activity of general
operations, the amounts made available for the National Fish
and Wildlife Foundation.
(8) Within the Department of the Interior for the United
States Fish and Wildlife Service, the appropriation for land
acquisition.
(9) Within the Department of Agriculture for the Forest
Service, the appropriation for land acquisition.
(10) Within the Department of the Interior for the Bureau
of Land Management, the appropriation for land acquisition.
(11) Within the Department of the Interior for the National
Park Service, the appropriation for land acquisition and State
assistance.
(b) Authorization for Continuing Appropriations.--If an
appropriations measure for a covered account for a fiscal year is not
enacted before the beginning of the applicable fiscal year and a joint
resolution making continuing appropriations for the covered account is
not in effect, such sums as may be necessary shall be made available
without further appropriation to continue any program, project, or
activity for which funds were provided from the covered account in the
preceding fiscal year.
(c) Amount of Appropriations and Funds.--Appropriations and funds
made available under this section for a program, project, or activity
funded by a covered account shall be in an amount equal to a pro rata
amount of the annual funding provided for the program, project, or
activity in the preceding appropriations Act or, in the absence of a
regular appropriations Act, a joint resolution making continuing
appropriations for the preceding fiscal year.
(d) Availability of Amounts.--Appropriations and funds made
available, and authority granted, under this section for a program,
project, or activity funded by a covered account shall be available for
the period beginning with the first day of a lapse in appropriations
and ending on the date of enactment of the applicable appropriations
Act or a joint resolution making continuing appropriations until the
end of the fiscal year, whether or not the Act or resolution provides
for the program, project, or activity.
(e) Requirements.--Amounts made available, or authority granted,
for a program, project, or activity funded by a covered account for any
fiscal year under this Act shall be subject to--
(1) the terms and conditions imposed with respect to the
program, project, or activity for the preceding fiscal year;
and
(2) the authority granted for the program, project, or
activity funded by the covered account under applicable law.
(f) Applicable Accounts.--Expenditures made for a program, project,
or activity funded by a covered account for any fiscal year under this
Act shall be charged to the applicable covered account on the date of
enactment of an appropriations Act or a joint resolution making
continuing appropriations until the end of a fiscal year that provides
funds for the program, project, or activity for the applicable period.
(g) Exclusions.--This section shall not apply to a program,
project, or activity funded by a covered account during a fiscal year
if any other provision of law (other than a change in authorization of
appropriations)--
(1) makes an appropriation, makes funds available, or
grants authority for the program, project, or activity to
continue for the applicable period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for the program, project, or activity to continue
for the applicable period. | Keeping Public Lands Open Act - Provides that if an appropriations measure for a covered account for a fiscal year is not enacted before the beginning of that fiscal year and a joint resolution making continuing appropriations for such account is not in effect, such sums as necessary shall be made available without further appropriation to continue any activity for which funds were provided from such account in the preceding fiscal year. Defines "covered account" to mean specified appropriation accounts of: (1) the Department of the Interior for the U.S. Fish and Wildlife Service, including amounts for activities of the National Wildlife Refuge System, habitat conservation, the Migratory Bird Conservation Account, the North American Wetlands Conservation Fund, the National Fish and Wildlife Foundation, and land acquisition; (2) the Department of the Interior for the Bureau of Land Management (BLM), including amounts for the National Landscape Conservation System, land acquisition, and the activities of recreation management, resource protection, and maintenance; (3) the Department of the Interior for the National Park Service, including amounts for land acquisition and state assistance; and (3) the Department of Agriculture (USDA) for the Forest Service, including amounts for land acquisition, law enforcement operations, and the activities of recreation, heritage, and wilderness. | Keeping Public Lands Open Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unsolved Civil Rights Crime Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that all authorities with jurisdiction,
including the Federal Bureau of Investigation and other entities within
the Department of Justice, should--
(1) expeditiously investigate unsolved civil rights
murders, due to the amount of time that has passed since the
murders and the age of potential witnesses; and
(2) provide all the resources necessary to ensure timely
and thorough investigations in the cases involved.
SEC. 3. DEFINITIONS.
In this Act:
(1) Chief.--The term ``Chief'' means the Chief of the
Section.
(2) Chief investigator.--The term ``Chief Investigator''
means the Chief Investigator of the Office.
(3) Criminal civil rights statutes.--The term ``criminal
civil rights statutes'' means--
(A) section 241 of title 18, United States Code
(relating to conspiracy against rights);
(B) section 242 of title 18, United States Code
(relating to deprivation of rights under color of law);
(C) section 245 of title 18, United States Code
(relating to federally protected activities);
(D) sections 1581 and 1584 of title 18, United
States Code (relating to involuntary servitude and
peonage);
(E) section 901 of the Fair Housing Act (42 U.S.C.
3631); and
(F) any other Federal law that--
(i) was in effect on or before December 31,
1969; and
(ii) the Criminal Section of the Civil
Rights Division of the Department of Justice
enforced, prior to the date of enactment of
this Act.
(4) Office.--The term ``Office'' means the Unsolved Civil
Rights Crime Investigative Office established under section 5.
(5) Section.--The term ``Section'' (except when used as
part of the term ``Criminal Section'') means the Unsolved
Crimes Section established under section 4.
SEC. 4. ESTABLISHMENT OF SECTION IN CIVIL RIGHTS DIVISION.
(a) In General.--There is established in the Civil Rights Division
of the Department of Justice an Unsolved Crimes Section. The Section
shall be headed by a Chief of the Section.
(b) Responsibility.--
(1) In general.--Notwithstanding any other provision of
Federal law, and except as provided in section 5, the Chief
shall be responsible for investigating and prosecuting
violations of criminal civil rights statutes, in cases in which
a complaint alleges that such a violation--
(A) occurred not later than December 31, 1969; and
(B) resulted in a death.
(2) Coordination.--
(A) Investigative activities.--In investigating a
complaint under paragraph (1), the Chief shall
coordinate investigative activities with State and
local law enforcement officials.
(B) Venue.--After investigating a complaint under
paragraph (1), or receiving a report of an
investigation conducted under section 5, if the Chief
determines that an alleged practice that is a violation
of a criminal civil rights statute occurred in a State,
or political subdivision of a State, that has a State
or local law prohibiting the practice alleged and
establishing or authorizing a State or local law
enforcement official to grant or seek relief from such
practice or to institute criminal proceedings with
respect to the practice on receiving notice of the
practice, the Chief shall consult with the official
regarding the appropriate venue for the case involved.
(3) Referral.--After investigating a complaint under
paragraph (1), or receiving a report of an investigation
conducted under section 5, the Chief shall refer the complaint
to the Criminal Section of the Civil Rights Division, if the
Chief determines that the subject of the complaint has violated
a criminal civil rights statute in the case involved but the
violation does not meet the requirements of subparagraph (A) or
(B) of paragraph (1).
(c) Study and Report.--
(1) Study.--The Chief shall annually conduct a study of the
cases under the jurisdiction of the Chief or under the
jurisdiction of the Chief Investigator and, in conducting the
study, shall determine the cases--
(A) for which the Chief has sufficient evidence to
prosecute violations of criminal civil rights statutes;
and
(B) for which the Chief has insufficient evidence
to prosecute those violations.
(2) Report.--Not later than September 30 of 2006 and of
each subsequent year, the Chief shall prepare and submit to
Congress a report containing the results of the study conducted
under paragraph (1), including a description of the cases
described in paragraph (1)(B).
(d) Authorization of Appropriations.--
(1) Authorization.--There is authorized to be appropriated
to carry out this section $5,000,000 for fiscal year 2007 and
each subsequent fiscal year.
(2) Additional appropriations.--Any funds appropriated
under this subsection shall consist of additional
appropriations for the activities described in this section,
rather than funds made available through reductions in the
appropriations authorized for other enforcement activities of
the Department of Justice.
SEC. 5. ESTABLISHMENT OF OFFICE IN FEDERAL BUREAU OF INVESTIGATION.
(a) In General.--There is established in the Civil Rights Unit of
the Federal Bureau of Investigation of the Department of Justice an
Unsolved Civil Rights Crime Investigative Office. The Office shall be
headed by a Chief Investigator.
(b) Responsibility.--
(1) In general.--In accordance with an agreement
established between the Chief Investigator and the Chief, the
Chief Investigator shall be responsible for investigating
violations of criminal civil rights statutes, in cases
described in section 4(b).
(2) Coordination.--
(A) Investigative activities.--In investigating a
complaint under paragraph (1), the Chief Investigator
shall coordinate the investigative activities with
State and local law enforcement officials.
(B) Referral.--After investigating a complaint
under paragraph (1), the Chief Investigator shall--
(i) determine whether the subject of the
complaint has violated a criminal rights
statute in the case involved; and
(ii) refer the complaint to the Chief,
together with a report containing the
determination and the results of the
investigation.
(c) Authorization of Appropriations.--
(1) Authorization.--There is authorized to be appropriated
to carry out this section $5,000,000 for fiscal year 2007 and
each subsequent fiscal year.
(2) Additional appropriations.--Any funds appropriated
under this subsection shall consist of additional
appropriations for the activities described in this section,
rather than funds made available through reductions in the
appropriations authorized for other enforcement activities of
the Department of Justice.
SEC. 6. COMMUNITY RELATIONS SERVICE OF THE DEPARTMENT OF JUSTICE.
In addition to any amounts authorized to be appropriated under
title XI of the Civil Rights Act of 1964 (42 U.S.C. 2000h et seq.),
there are authorized to be appropriated to the Community Relations
Service of the Department of Justice $1,500,000 for fiscal year 2007
and each subsequent fiscal year, to enable the Service (in carrying out
the functions described in title X of such Act (42 U.S.C. 2000g et
seq.)) to provide technical assistance by bringing together law
enforcement agencies and communities in the investigation of violations
of criminal civil rights statutes, in cases described in section 4(b). | Unsolved Civil Rights Crime Act - Establishes an Unsolved Crimes Section in the Civil Rights Division of the Department of Justice (DOJ) and an Unsolved Civil Rights Crime Investigative Office in the Civil Rights Unit of the Federal Bureau of Investigation (FBI). Requires the Chief of the Section (Chief) and the Chief Investigator of the Office to be responsible for investigating violations of criminal civil rights statutes in which the complaint alleges that such a violation occurred not later than December 31, 1969, and resulted in a death. Requires the Chief Investigator to refer complaints determined to have violated a criminal rights statute to the Chief, who shall be responsible for prosecuting such violations.
Requires the Chief to: (1) consult with state or local officials regarding the appropriate venue for a case where there has been a violation of a criminal civil rights statute that is also a violation of a state or local law; and (2) refer cases to the Criminal Section of the Civil Rights Division if the Chief determines that the subject of the complaint has violated a criminal civil rights statute but the violation does not meet the requirements for the Unsolved Crimes Section.
Requires the Chief, annually, to determine and report on the cases under his or her jurisdiction for which there is sufficient evidence to prosecute violations of criminal civil rights statutes.
Authorizes additional appropriations to the Community Relations Service of DOJ to provide technical assistance by bringing together law enforcement agencies and communities in the investigation of criminal civil rights statutes. | To establish an Unsolved Crimes Section in the Civil Rights Division of the Department of Justice, and an Unsolved Civil Rights Crime Investigative Office in the Civil Rights Unit of the Federal Bureau of Investigation, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Benjamin Franklin Commemorative Coin
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Benjamin Franklin made historic contributions to the
development of our Nation in a number of fields: government,
business, science, communications, and the arts.
(2) Benjamin Franklin was the only Founding Father to sign all
of our Nation's organizational documents.
(3) Benjamin Franklin spent his career as a successful printer,
which included printing the official currency for the colonies of
Pennsylvania, Delaware, New Jersey and Maryland.
(4) Franklin's ``Essay on Paper Currency'' of 1741 proposed
methods to fix the rate of exchange between the colonies and Great
Britain.
(5) Benjamin Franklin, during the American Revolution, designed
the first American coin, the ``Continental'' penny.
(6) Franklin made ``A Penny Saved is A Penny Earned'' a
household phrase to describe the American virtues of hard work and
economical living.
(7) Franklin played a major role in the design of the Great
Seal of the United States, which appears on the One Dollar Bill and
other major American symbols.
(8) Before 1979, Benjamin Franklin was the only non-president
of the United States whose image graced circulating coin and paper
currency.
(9) The official United States half dollar from 1948-1963
showed Franklin's portrait, as designed by John Sinnock.
(10) Franklin's ``Way to Wealth'' has come to symbolize
America's commitment to free enterprise.
(11) The Franklin Institute Science Museum in Philadelphia
houses the first steam printing machine for coinage, used by the
United States Mint, which was placed in service in 1836, the 130th
anniversary year of Franklin's birth.
(12) In 1976, Franklin Hall in The Franklin Institute Science
Museum in Philadelphia was named the Official National Monument to
the great patriot, scientist and inventor.
(13) The Franklin Institute and four other major Franklin-
related Philadelphia cultural institutions joined hands in 2000 to
organize international programs to commemorate the forthcoming
300th anniversary of Franklin's birth in 2006.
(14) The Congress passed the Benjamin Franklin Tercentenary Act
in 2002, creating a panel of distinguished Americans, with its
Secretariat in Philadelphia, to work with the private sector in
recommending appropriate Tercentenary programs.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereinafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $1 silver coins with younger franklin image on obverse.--
Not more than 250,000 $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 older franklin image on obverse.--Not
more than 250,000 $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 section 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 Philadelphia, Pennsylvania.--
It is the sense of the Congress that the coins minted under this Act
should be struck at the United States Mint at Philadelphia,
Pennsylvania, 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 be emblematic of the life and legacy of Benjamin Franklin.
(2) $1 coins with younger franklin image.--
(A) Obverse.--The obverse of the coins minted under section
3(a)(1) shall bear the image of Benjamin Franklin as a young
man.
(B) Reverse.--The reverse of the coins minted under section
3(a)(1) shall bear an image related to Benjamin Franklin's role
as a patriot and a statesman.
(3) $1 coins with older franklin image.--
(A) Obverse.--The obverse of the coins minted under section
3(a)(2) shall bear the image of Benjamin Franklin as an older
man.
(B) Reverse.--The reverse of the coins minted under section
3(a)(2) shall bear an image related to Benjamin Franklin's role
in developing the early coins and currency of the new country.
(4) 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 ``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
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee
established under section 5135 of title 31, United States Code.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1, 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.--Notwithstanding any other provision of law, the
coins issued under this Act shall be sold by the Secretary at a price
equal to the face value, plus the cost of designing and issuing such
coins (including labor, materials, dies, use of machinery, overhead
expenses, and marketing).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders at a Discount.--
(1) In general.--The Secretary shall accept prepaid orders for
the coins minted under this Act before the issuance of such coins.
(2) Discount.--Sale prices with respect to prepaid orders under
paragraph (1) shall be at a reasonable discount.
(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 shall include a surcharge of $10
per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges which are received by the Secretary from
the sale of coins issued under this Act shall be promptly paid by the
Secretary to the Franklin Institute for purposes of the Benjamin
Franklin Tercentenary Commission.
(c) Audits.--The Franklin Institute shall be subject to the audit
requirements of section 5134(f)(2) of title 31, United States Code,
with regard to the amounts received by the Institute pursuant to
subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Benjamin Franklin Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one dollar coins emblematic of the life and legacy of Benjamin Franklin. | To require the Secretary of the Treasury to mint coins in commemoration of the tercentenary of the birth of Benjamin Franklin, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Expansion Incentive Act of
2017''.
SEC. 2. REDISTRIBUTION OF FEDERAL MEDICAID FUNDS TO STATES ELECTING TO
MEET ACA MEDICAID EXPANSION REQUIREMENTS FROM STATES NOT
SO ELECTING.
(a) In General.--Section 1903 of the Social Security Act (42 U.S.C.
1396b) is amended by adding at the end the following new subsection:
``(aa) Bonus for States Electing To Meet ACA Medicaid Expansion
Requirements From Funds Made Available by Other States Not Electing To
Meet Those Requirements.--
``(1) In general.--In the case of a participating State for
a fiscal year as determined under paragraph (2), in accordance
with regulations of the Secretary, the State shall be entitled
to an increase in payments under its State plan under this
title in an amount determined under paragraph (3) of the
Secretary's estimate of the net reduction in Federal
expenditures for nonparticipating States (including the amount
of the additional Federal financial participation under this
title that otherwise would have been paid to such States if
they were participating States) during the fiscal year as a
result of such States not applying the ACA Medicaid expansion
requirements.
``(2) Notice regarding participation.--
``(A) In general.--Before the beginning of each
fiscal year (beginning with fiscal year 2018) each of
the 50 States and the District of Columbia is requested
to inform the Secretary, in a form and manner specified
by the Secretary and accompanied by such assurances
regarding State plan amendments as the Secretary may
specify, if the State will be applying its State plan
under this title for such fiscal year in accordance
with the requirements specified in the amendments made
by paragraphs (1) and (2) of section 2001(a) of the
Patient Protection and Affordable Care Act (in this
subsection referred to as the `ACA Medicaid expansion
requirements'), which include requirements described
in--
``(i) section 1902(a)(10)(A)(I)(VIII); and
``(ii) section 1902(k).
The Secretary shall not accept information submitted
under this subparagraph for a fiscal year after the
beginning of the fiscal year involved.
``(B) Determination of participating and
nonparticipating states.--Taking into account the
information submitted under subparagraph (A) for a
fiscal year, the Secretary shall determine for the
fiscal year which of the 50 States and the District of
Columbia will be applying the ACA Medicaid expansion
requirements for the fiscal year and which will not.
For purposes of this subsection--
``(i) each State or District determined to
be applying such requirements for a fiscal year
is referred to as a `participating State' for
such fiscal year; and
``(ii) each State or District determined
not to be applying such requirements for a
fiscal year is referred to as a
`nonparticipating State' for such fiscal year.
``(3) Amount of increase.--The Secretary shall compute the
increase in payments under this subsection for a participating
State for a fiscal year, to the extent of available funds, in
accordance with a formula specified by the Secretary. Within
the amount of available funds, such formula may take into
account elements such as--
``(A) increasing to 100 percent the FMAP for newly
eligible mandatory individuals;
``(B) increasing the matching percentage for
administrative costs attributable to application of ACA
Medicaid expansion requirements; and
``(C) an increase in DSH allotments.
``(4) Publication of information on estimated impact of
nonparticipation.--The Secretary shall publish for each
nonparticipating State for each fiscal year--
``(A) the amount of the additional Federal funds
under this title for the fiscal year that the Secretary
estimates the State has forgone as a result of its not
being a participating State for such fiscal year; and
``(B) the number of additional beneficiaries that
would have been covered under the State plan under this
title in the fiscal year if the State had been a
participating State for the fiscal year.''. | Medicaid Expansion Incentive Act of 2017 This bill amends title XIX (Medicaid) of the Social Security Act to provide additional federal Medicaid funding to states participating in Medicaid expansion under the Patient Protection and Affordable Care Act. The amount of additional funding shall be based upon the net reduction in federal funding for nonparticipating states. The Centers for Medicare & Medicaid Services must publish annually, with respect to each nonparticipating state: (1) the amount of federal funding forgone by the state as a result of its nonparticipation, and (2) the number of individuals who would have gained coverage had the state participated. | Medicaid Expansion Incentive Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North American-Made Energy Security
Act''.
SEC. 2. FINDINGS.
Congress finds and declares the following:
(1) The United States currently imports more than half of
the oil it consumes, often from countries hostile to United
States interests or with political and economic instability
that compromises supply security.
(2) While a significant portion of imports are derived from
allies such as Canada and Mexico, the United States remains
vulnerable to substantial supply disruptions created by
geopolitical tumult in major producing nations.
(3) Strong increases in oil consumption in the developing
world outpace growth in conventional oil supplies, bringing
tight market conditions and higher oil prices in periods of
global economic expansion or when supplies are threatened.
(4) The development and delivery of oil and gas from Canada
to the United States is in the national interest of the United
States in order to secure oil supplies to fill needs that are
projected to otherwise be filled by increases in other foreign
supplies, notably from the Middle East.
(5) Continued development of North American energy
resources, including Canadian oil, increases domestic refiners'
access to stable and reliable sources of crude and improves
certainty of fuel supply for the Department of Defense, the
largest consumer of petroleum in the United States.
(6) Canada and the United States have the world's largest
two-way trading relationship. Therefore, for every United
States dollar spent on products from Canada, including oil, 90
cents is returned to the United States economy. When the same
metrics are applied to trading relationships with some other
major sources of United States crude oil imports, returns are
much lower.
(7) The principal choice for Canadian oil exporters is
between moving increasing crude oil volumes to the United
States or Asia, led by China. Increased Canadian oil exports to
China will result in increased United States crude oil imports
from other foreign sources, especially the Middle East.
(8) Increased Canadian crude oil imports into the United
States correspondingly reduce the scale of ``wealth transfers''
to other more distant foreign sources resulting from the
greater cost of importing crude oil from those sources.
(9) Not only are United States companies major investors in
Canadian oil sands, but many United States businesses
throughout the country benefit from supplying goods and
services required for ongoing Canadian oil sands operations and
expansion.
(10) There has been more than 2 years of consideration and
a coordinated review by more than a dozen Federal agencies of
the technical aspects and of the environmental, social, and
economic impacts of the proposed pipeline project known as the
Keystone XL from Hardisty, Alberta, to Steele City, Nebraska,
and then on to the United States Gulf Coast through Cushing,
Oklahoma.
(11) Keystone XL represents a high capacity pipeline supply
option that could meet early as well as long-term market demand
for crude oil to United States refineries, and could also
potentially bring over 100,000 barrels per day of United States
Bakken crudes to market.
(12) Completion of the Keystone XL pipeline would increase
total Keystone pipeline capacity by 700,000 barrels per day to
1,290,000 barrels per day.
(13) The Keystone XL pipeline would provide short-term and
long-term employment opportunities and related labor income
benefits, as well as government revenues associated with sales
and payroll taxes.
(14) The earliest possible construction of the Keystone XL
pipeline will make the extensive proven and potential reserves
of Canadian oil available for United States use and increase
United States jobs and will therefore serve the national
interest.
(15) Analysis using the Environmental Protection Agency
models shows that the Keystone XL pipeline will result in no
significant change in total United States or global greenhouse
gas emissions.
(16) The Keystone XL pipeline would be state-of-the-art and
have a degree of safety higher than any other typically
constructed domestic oil pipeline system.
(17) Because of the extensive governmental studies already
made with respect to the Keystone XL project and the national
interest in early delivery of Canadian oil to United States
markets, a decision with respect to a Presidential Permit for
the Keystone XL pipeline should be promptly issued without
further administrative delay or impediment.
SEC. 3. EXPEDITED APPROVAL PROCESS.
(a) In General.--The President, acting through the Secretary of
Energy, shall coordinate with each Federal agency responsible for
coordinating or considering an aspect of the President's National
Interest Determination and Presidential Permit decision regarding
construction and operation of the Keystone XL pipeline, to ensure that
all necessary actions with respect to such decision are taken on an
expedited schedule.
(b) Agency Cooperation With Secretary of Energy.--Each Federal
agency described in subsection (a) shall comply with any deadline
established by the Secretary of Energy pursuant to subsection (a).
(c) Final Order.--Not later than 30 days after the issuance of the
final environmental impact statement, the President shall issue a final
order granting or denying the Presidential Permit for the Keystone XL
pipeline, but in no event shall such decision be made later than
November 1, 2011.
(d) Environmental Review.--No action by the Secretary of Energy
pursuant to this section shall affect any duty or responsibility to
comply with any requirement to conduct environmental review.
(e) Sense of Congress.--It is the sense of Congress that the United
States must decrease its dependence on oil from countries which are
hostile to the interests of the United States. Canada has long been a
strong trading partner, and increased access to their energy resources
will create jobs in the United States.
Passed the House of Representatives July 26, 2011.
Attest:
KAREN L. HAAS,
Clerk. | North American-Made Energy Security Act - Directs the President, acting through the Secretary of Energy (DOE), to coordinate with each federal agency responsible for coordinating or considering an aspect of the President's National Interest Determination and Presidential Permit decision regarding construction and operation of the Keystone XL pipeline (from Hardisty, Alberta, to Steele City, Nebraska, and then on to the U.S. Gulf Coast through Cushing, Oklahoma) to ensure that all necessary actions are taken on an expedited schedule.
Requires each such agency to comply with any deadline the Secretary establishes.
Directs the President, within 30 days after the final environmental impact statement, but not later than November 1, 2011, to issue a final order granting or denying the Presidential Permit for the Keystone XL pipeline.
States that no action by the Secretary pursuant to this Act shall affect any duty or responsibility to comply with any requirement to conduct environmental review.
Declares the sense of Congress that: (1) the United States must decrease its dependence on oil from countries hostile to its interests, and (2) increased access to Canadian energy resources will create jobs in the United States. | To direct the President to expedite the consideration and approval of the construction and operation of the Keystone XL oil pipeline, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cyber Security Information Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1)(A) Many information technology computer systems,
software programs, and similar facilities are vulnerable to
attacks or misuse through the Internet, public or private
telecommunications systems, or similar means.
(B) The problem described in subparagraph (A) and resulting
failures could incapacitate systems that are essential to the
functioning of markets, commerce, consumer products, utilities,
government, and safety and defense systems, in the United
States and throughout the world.
(C) Protecting, reprogramming, or replacing affected
systems before the problem incapacitates essential systems is a
matter of national and global interest.
(2) The prompt, candid, and thorough, but secure and
protected, disclosure and exchange of information related to
the cybersecurity of entities, systems, and infrastructure--
(A) would greatly enhance the ability of public and
private entities to improve their own cyber security;
and
(B) is therefore a matter of national importance
and a vital factor in minimizing any potential cyber
security related disruption to the Nation's economic
well-being and security.
(3) Concern about the potential for legal liability
associated with the disclosure and exchange of cyber security
information could unnecessarily impede the secure disclosure
and protected exchange of such information.
(4) The capability to securely disclose and engage in the
protected exchange of information relating to cyber security,
solutions, test practices and test results, without undue
concern about inappropriate disclosure of that information, is
critical to the ability of public and private entities to
address cyber security needs in a timely manner.
(5) The national interest will be served by uniform legal
standards in connection with the secure disclosure and
protected exchange of cyber security information that will
promote appropriate disclosures and exchanges of such
information in a timely fashion.
(6) The ``National Plan for Information Systems Protection,
Version 1.0, An Invitation to a Dialogue'', released by the
President on January 7, 2000, calls for the Government to
assist in seeking changes to applicable laws on ``Freedom of
Information, liability, and antitrust where appropriate'' in
order to foster industry-wide centers for information sharing
and analysis.
(b) Purposes.--Based upon the powers contained in article I,
section 8, clause 3 of the Constitution of the United States, the
purposes of this Act are--
(1) to promote the secure disclosure and protected exchange
of information related to cyber security;
(2) to assist private industry and government in
effectively and rapidly responding to cyber security problems;
(3) to lessen burdens on interstate commerce by
establishing certain uniform legal principles in connection
with the secure disclosure and protected exchange of
information related to cyber security; and
(4) to protect the legitimate users of cyber networks and
systems, and to protect the privacy and confidence of shared
information.
SEC. 3. DEFINITIONS.
In this Act:
(1) Antitrust laws.--The term ``antitrust laws''--
(A) has the meaning given to it in subsection (a)
of the first section of the Clayton Act (15 U.S.C.
12(a)), except that such term includes section 5 of the
Federal Trade Commission Act (15 U.S.C. 45) to the
extent such section 5 applies to unfair methods of
competition; and
(B) includes any State law similar to the laws
referred to in subparagraph (A).
(2) Critical infrastructure.--The term ``critical
infrastructure'' means facilities or services so vital to the
nation or its economy that their disruption, incapacity, or
destruction would have a debilitating impact on the defense,
security, long-term economic prosperity, or health or safety of
the United States.
(3) Cyber security.--The term ``cyber security'' means the
vulnerability of any computing system, software program, or
critical infrastructure to, or their ability to resist,
intentional interference, compromise, or incapacitation through
the misuse of, or by unauthorized means of, the Internet,
public or private telecommunications systems, or other similar
conduct that violates Federal, State, or international law,
that harms interstate commerce of the United States, or that
threatens public health or safety.
(4) Cyber security internet website.--The term ``cyber
security Internet website'' means an Internet website or other
similar electronically accessible service, clearly designated
on the website or service by the person or entity creating or
controlling the content of the website or service as an area
where cyber security statements are posted or otherwise made
accessible to appropriate entities.
(5) Cyber security statement.--
(A) In general.--The term ``cyber security
statement'' means any communication or other conveyance
of information by a party to another, in any form or
medium including by means of a cyber security Internet
website--
(i) concerning an assessment, projection,
or estimate concerning the cyber security of
that entity, its computer systems, its software
programs, or similar facilities of its own;
(ii) concerning plans, objectives, or
timetables for implementing or verifying the
cyber security thereof;
(iii) concerning test plans, test dates,
test results, or operational problems or
solutions related to the cyber security
thereof; or
(iv) reviewing, commenting on, or otherwise
directly or indirectly relating to the cyber
security thereof.
(B) Not included.--For the purposes of any action
brought under the securities laws, as that term is
defined in section 3(a)(47) of the Securities Exchange
Act of 1934 (15 U.S.C. 78c(a)(47)), the term ``cyber
security statement'' does not include statements
contained in any documents or materials filed with the
Securities and Exchange Commission, or with Federal
banking regulators, pursuant to section 12(i) of the
Securities Exchange Act of 1934 (15 U.S.C. 781(i)), or
disclosures or writing that when made accompanied the
solicitation of an offer or sale of securities.
SEC. 4. SPECIAL DATA GATHERING.
(a) In General.--Any Federal entity, agency, or authority may
expressly designate a request for the voluntary provision of
information relating to cyber security, including cyber security
statements, as a cyber security data gathering request made pursuant to
this section.
(b) Specifics.--A cyber security data gathering request made under
this section--
(1) shall specify a Federal entity, agency, or
authority, or, with its consent, another public or
private entity, agency, or authority, to gather
responses to the request;
(2) shall be a request from a private entity,
agency, or authority to a Federal entity, agency, or
authority; or
(3) shall be deemed to have been made and to have
specified such a private entity, agency, or authority
when the Federal entity, agency, or authority has
voluntarily been given cyber security information
gathered by that private entity, agency, or authority,
including by means of a cyber security Internet
website.
(c) Protections.--Except with the express consent or permission of
the provider of information described in paragraph (1), any cyber
security statements or other such information provided by a party in
response to a special cyber security data gathering request made under
this section--
(1) shall be exempt from disclosure under section 552(a) of
title 5, United States Code (commonly known as the ``Freedom of
Information Act''), by all Federal entities, agencies, and
authorities;
(2) shall not be disclosed to or by any third party; and
(3) may not be used by any Federal or State entity, agency,
or authority or by any third party, directly or indirectly, in
any civil action arising under any Federal or State law.
(d) Exceptions.--
(1) Information obtained elsewhere.--Nothing in this
section shall preclude a Federal entity, agency, or authority,
or any third party, from separately obtaining the information
submitted in response to a request under this section through
the use of independent legal authorities, and using such
separately obtained information in any action.
(2) Public disclosure.--A restriction on use or disclosure
of information under this section shall not apply to any
information disclosed generally or broadly to the public with
the express consent of the party.
SEC. 5. ANTITRUST EXEMPTION.
(a) Exemption.--Except as provided in subsection (b), the antitrust
laws shall not apply to conduct engaged in, including making and
implementing an agreement, solely for the purpose of and limited to--
(1) facilitating the correction or avoidance of a cyber
security related problem; or
(2) communicating or disclosing information to help correct
or avoid the effects of a cyber security related problem.
(b) Exception to Exemption.--Subsection (a) shall not apply with
respect to conduct that involves or results in an agreement to boycott
any person, to allocate a market, or to fix prices or output.
SEC. 6. CYBER SECURITY WORKING GROUPS.
(a) In General.--
(1) Working groups.--The President may establish and
terminate working groups composed of Federal employees who will
engage outside organizations in discussions to address cyber
security, to share information related to cyber security, and
otherwise to serve the purposes of this Act.
(2) List of groups.--The President shall maintain and make
available to the public a printed and electronic list of such
working groups and a point of contact for each, together with
an address, telephone number, and electronic mail address for
such point of contact.
(3) Balance.--The President shall seek to achieve a balance
of participation and representation among the working groups.
(4) Meetings.--Each meeting of a working group created
under this section shall be announced in advance in accordance
with procedures established by the President.
(b) Federal Advisory Committee Act.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the working groups established
under this section.
(c) Private Right of Action.--This section creates no private right
of action to sue for enforcement of any provision of this section. | Specifies that such a request shall: (1) specify an entity to gather responses to the request; (2) be from a private entity to a Federal entity; or (3) be deemed to have been made and to have specified such a private entity when the Federal entity has voluntarily been given cyber security information gathered by that private entity, including by means of a cyber security Internet website.
Provides that a cyber security statement or other such information provided by a party in response to a request: (1) shall be exempt from disclosure under the Freedom of Information Act; (2) shall not be disclosed to or by any third party; and (3) may not be used by any Federal or State entity or by any third party in any civil action arising under Federal or State law. Makes exceptions regarding separately obtained information submitted in response to a request through the use of independent legal authorities and regarding information disclosed generally or broadly to the public with the express consent of the party.
(Sec. 5) Makes the antitrust laws inapplicable to conduct engaged in solely for facilitating or communicating about the correction or avoidance of a cyber security related problem. Makes an exception with respect to conduct that involves or results in an agreement to boycott any person, to allocate a market, or to fix prices or output.
(Sec. 6) Authorizes the President to establish working groups of Federal employees who will engage outside organizations in discussions to address cyber security and to share information related to cyber security. | Cyber Security Information Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Waste Fund Relief and Rebate
Act''.
SEC. 2. CERTIFICATION OF COMMITMENT TO YUCCA MOUNTAIN.
(a) In General.--Subtitle E of title I of the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10172 et seq.) is amended by adding at the end
the following:
``SEC. 162. CERTIFICATION OF COMMITMENT TO YUCCA MOUNTAIN SITE.
``(a) Definition of Defense Waste.--In this section, the term
`defense waste' means--
``(1) transuranic waste;
``(2) high-level radioactive waste;
``(3) spent nuclear fuel;
``(4) special nuclear materials;
``(5) greater-than-class C, low-level radioactive waste;
and
``(6) any other waste arising from the production, storage,
or maintenance of nuclear weapons (including components of
nuclear weapons).
``(b) Certification of Commitment.--Not later than 30 days after
the date of enactment of this section, the President shall publish in
the Federal Register a notice that the President certifies that the
Yucca Mountain site is the selected site for the development of a
repository for the disposal of high-level radioactive waste and spent
nuclear fuel, in accordance with section 160.
``(c) Failure To Publish Certification; Revocation of
Certification.--If the President fails to publish the certification of
the President in accordance with subsection (b), or if the President
revokes the certification of the President after the date described in
that subsection, not later than 1 year after the date described in
subsection (b), or the date of revocation, as appropriate, and in
accordance with subsection (d)--
``(1) each entity that is required under section 302 to
make a payment to the Secretary shall not be required to make
any additional payment; and
``(2) each entity that has made a payment under section 302
shall receive from the Secretary of the Treasury, from amounts
available in the Nuclear Waste Fund, an amount equal to the
aggregate amount of the payments made by the entity (including
interest on the aggregate amount of the payments) to the
Secretary for deposit in the Nuclear Waste Fund.
``(d) Use of Returned Payments.--
``(1) In general.--Subject to paragraph (2), of the
aggregate amount of payments returned to an entity described in
subsection (c)(2)--
``(A) 75 percent shall be used by the entity to
provide rebates to ratepayers of the entity; and
``(B) 25 percent shall be used by the entity to
carry out upgrades to nuclear power facilities of the
entity to enhance the storage and security of materials
used to generate nuclear power.
``(2) Defense waste.--In the case of a payment required to
be paid to an entity for the storage of defense waste, the
Secretary shall use the amount required to be paid to the
entity to meet the penalty payment obligation of the Secretary
under subsection (e)(2) to the State in which the entity is
located.
``(e) Disposition of Defense Waste.--
``(1) In general.--Not later than January 1, 2017, the
Secretary shall initiate the transportation of defense waste
from each State in which defense waste is located to the Yucca
Mountain site.
``(2) Penalty.--
``(A) In general.--Subject to subparagraph (B), if
the Secretary fails to initiate the transportation of
defense waste in accordance with paragraph (1), the
Secretary shall pay to each State in which defense
waste is located $1,000,000 for each day that the
defense waste is located in the State until the date on
which the Secretary initiates the transportation of the
defense waste under paragraph (1).
``(B) Maximum amount.--Subject to subsection
(c)(2), for each calendar year, the Secretary shall not
pay to any State described in subparagraph (A) an
amount greater than $100,000,000.
``(C) Required use of payments.--A State that
receives amounts through a payment from the Secretary
under this paragraph shall use the amounts--
``(i) to help offset the loss in community
investments that results from the continued
storage of defense waste in the State; and
``(ii) to help mitigate the public health
risks that result from the continued storage of
defense waste in the State.
``(f) Determination by Commission To Grant or Amend Licenses.--In
determining whether to grant or amend any license to operate any
civilian nuclear power reactor, or high-level radioactive waste or
spent fuel storage or treatment facility, under the Atomic Energy Act
of 1954 (42 U.S.C. 2011 et seq.), the responsibilities of the President
and the Secretary described in this subtitle shall be considered to be
sufficient and independent grounds for the Commission to determine the
existence of reasonable assurances that spent nuclear fuel and high-
level radioactive waste would be disposed of safely and in a timely
manner by the entity that is the subject of the determination.
``(g) Effects.--
``(1) Termination of payment requirement; acceptance of
returned payments.--With respect to an entity that receives a
benefit under paragraph (1) or (2) of subsection (c)--
``(A) the entity shall not be considered by the
Commission to be in violation under section 302(b); and
``(B) the Commission shall not refuse to take any
action with respect to a current or prospective license
of the entity on the grounds that the entity has
cancelled or rescinded a contract to which the entity
is a party as the result of--
``(i) the failure by the entity to make a
payment to the Secretary under section 302; or
``(ii) the acceptance by the entity of
amounts described in subsection (c)(2).
``(2) Disposition of waste.--Nothing in this section
affects the responsibility of the Federal Government under any
Act (including regulations) with respect to the ultimate
disposition of high-level radioactive waste and spent nuclear
fuel.''.
(b) Conforming Amendment.--The table of contents of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. prec. 10101) is amended by adding
at the end of the items relating to subtitle E of title I the
following:
``Sec. 162. Certification of commitment to Yucca Mountain site.''. | Nuclear Waste Fund Relief and Rebate Act - Amends the Nuclear Waste Policy Act of 1982 to direct the President to publish in the Federal Register a notice certifying that the Yucca Mountain site (Nevada) is the selected site for the development of a repository for the disposal of high-level radioactive radioactive waste and spent nuclear fuel.
Declares that, if the President fails to publish the certification or revokes it, each entity: (1) that is required to make a payment to the Nuclear Waste Fund shall not be required to make any additional payment; and (2) that has made a payment shall receive a refund, 75% of which shall be used for rebates to the entity's ratepayers, and 25% shall be used to carry out upgrades to the entity's nuclear power facilities to enhance the storage and security of materials used to generate nuclear power.
Requires the Secretary of Energy to initiate by January 1, 2017, the transportation to the Yucca Mountain site of defense waste from each state in which it is located.
Imposes penalties on the Secretary for failure to initiate such transportation. | A bill to amend the Nuclear Waste Policy Act of 1982 to require the President to certify that the Yucca Mountain site remains the designated site for the development of a repository for the disposal of high-level radioactive waste, and for other purposes. |
SECTION 1. FINDINGS.
The Congress finds the following:
(1) In 1960, the Supreme Court ruled in Boynton v. Virginia
that segregated bus and rail stations were unconstitutional.
(2) The rigid system of racial segregation that prevailed
in the United States during the 1960s did not permit a Black
person to sit next to a White person on any bus traveling
through interstate commerce and in most locations in the South.
Bus stations had ``Whites Only'' waiting areas and Blacks were
not permitted to wait in those areas despite the Supreme Court
making it the law of the land.
(3) The Freedom Riders, with the intent to end segregation
in public transportation throughout the South, paved the way
for full racial integration of the United States transit
system. They overcame prejudice, discrimination, and violence.
They sparked a movement that changed our Nation.
(4) The Congress of Racial Equality (C.O.R.E.) selected
thirteen volunteers for nonviolent response training to join in
the Freedom Rides from Washington, DC, to New Orleans, LA. The
Freedom Riders used their strategies of nonviolence throughout
the South to challenge the region's Jim Crow laws directly and
enforce the Supreme Court decision in Boynton.
(5) On the morning of May 4, 1961, the Freedom Riders,
comprised of seven Blacks and six Whites, boarded two buses,
with Blacks and Whites seated together. Those thirteen Freedom
Riders were: Genevieve Hughes Houghton, Charles Person, Hank
Thomas, John Lewis, Edward Blankenheim, James Farmer, Walter
Bergman, Frances Bergman, Joseph Perkins, Jimmy McDonald, Mae
Francis Moultrie, Benjamin Elton Cox, and Albert Bigelow. Most
segregated States considered even this level of integration a
crime. At various stops along the way, the Freedom Riders would
enter areas designated ``Whites'' and ``Colored'' and would eat
together at segregated lunch counters to defy local laws.
(6) Initially, the Freedom Riders had encountered only
minor clashes until a stop in South Carolina. In Rock Hill, an
angry mob severely beat John Lewis, now a Congressman from the
5th District of Georgia, when he entered the bus station. Henry
``Hank'' Thomas was jailed when he entered the bus station in
Winnsboro. Authorities delivered him to a waiting mob long
after the station had closed that evening. A local Black
minister rescued Thomas, enabling him to rejoin the group in
Columbia. However, Lewis was so badly beaten he could not
continue the Freedom Rides.
(7) Dr. Martin Luther King, Jr., and other civil rights
leaders met with the group in Atlanta to dissuade their
continuance through the Deep South due to death threats.
Despite these warnings, more Freedom Riders joined in Atlanta.
Dedicated to their mission to end segregation in the South and
trained in nonviolent movements, the Freedom Riders continued
on their journey.
(8) On Mother's Day, May 14, 1961, the Freedom Riders were
on two different buses. An angry mob in Anniston, Alabama,
firebombed the first bus. When the Freedom Riders rushed out,
still choking from the thick smoke of the burning bus, the
waiting angry mob beat them with lead pipes and baseball bats
as the bus exploded. Ambulances refused to transport the Black
Freedom Riders to the hospital. The mob beat the Freedom Riders
on the second bus and forced them to sit in the back. As they
journeyed to Birmingham, another mob savagely beat the Freedom
Riders.
(9) The Nashville (TN) Student Group, a local group of
students who had been successful in desegregating the lunch
counters and movie theaters in Nashville (TN), vowed not to let
these acts of violence curtail the goal of the Freedom Rides.
They sent their members to continue the Freedom Rides and
called out to other student groups to do the same.
(10) As the violence grew, the Attorney General of the
United States called in the National Guard and the U.S.
Marshals to protect the Freedom Riders as they journeyed
through Alabama. This protection was short-lived. The Federal
authorities turned the Freedom Riders over to the local
authorities in Mississippi who then arrested the Freedom Riders
for disturbing the peace.
(11) The government of Mississippi imprisoned many of the
Freedom Riders in Parchman Prison known for its horrific
conditions, such as subjecting the Freedom Riders to strip
searches, work on chain gangs, and light shining in their cells
24 hours a day. Despite these conditions, the Freedom Riders
refused bail because they were determined to spread the message
of their nonviolent movement.
(12) Five months after the first Freedom Rides left on
their historic ride, the Interstate Commerce Commission in
conjunction with the U.S. Attorney General Robert Kennedy
issued a Federal order banning segregation at all interstate
public facilities based upon ``race, color or creed''. The law
became effective on November 1, 1961.
(13) In 2011, the President of the United States paid
tribute to the Freedom Riders with a Presidential Proclamation
honoring the 50th Anniversary of the first Freedom Ride by
brave Americans whose selfless act of courage helped pave the
way for others to continue on the road to Civil Rights in
America.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorization.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of the
Congress, of a gold medal of appropriate design to the Freedom Riders,
collectively, in recognition of their unique contribution to Civil
Rights, which inspired a revolutionary movement to equality in
interstate travel.
(b) Design and Striking.--For the purposes of the award referred to
in subsection (a), the Secretary of the Treasury (hereafter in this Act
referred to as the ``Secretary'') shall strike a gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
(c) Smithsonian Institution.--
(1) In general.--Following the award of the gold medal
under subsection (a), the gold medal shall be given to the
Smithsonian Institution, where it will be available for display
as appropriate and available for research.
(2) Sense of the congress.--It is the sense of the Congress
that the Smithsonian Institution should make the gold medal
awarded pursuant to this Act available for display elsewhere,
particularly at appropriate locations associated with the
Freedom Riders.
SEC. 3. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 2 under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 4. NATIONAL MEDALS.
Medals struck pursuant to this Act are national medals for the
purposes of chapter 51 of title 31, United States Code. | Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation, on behalf of Congress, of a gold medal to the Freedom Riders in recognition of their contribution to civil rights, which inspired a movement to equality in interstate travel. Requires such medal to be given to the Smithsonian Institution, where it will be available for display and research. Expresses the sense of Congress that the medal should be made available for display elsewhere, particularly at locations associated with the Freedom Riders. | To award a Congressional Gold Medal to the Freedom Riders, collectively, in recognition of their unique contribution to Civil Rights, which inspired a revolutionary movement for equality in interstate travel. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dry-Redwater Regional Water
Authority System Act of 2008''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) there are insufficient available supplies of safe water
to meet the minimum health and safety standards of the citizens
of--
(A) Dawson, Garfield, McCone, Prairie, and Richland
Counties of the State; and
(B) McKenzie County, North Dakota;
(2) McCone and Garfield Counties of the State were--
(A) directly and physically impacted when the Fort
Peck Dam was constructed; and
(B) to receive certain impact benefits as a result
of the Pick-Sloan program; and
(3) the water that is contained in the Fort Peck Dam
reservoir is managed for purposes relating to--
(A) flood control;
(B) the production of hydroelectric power;
(C) irrigation;
(D) the maintenance of a public water supply;
(E) the conservation of fish and wildlife;
(F) recreation; and
(G) the improvement of water quality.
(b) Purpose.--The purpose of this Act is to ensure a safe and
adequate municipal, rural, and industrial water supply for the citizens
of--
(1) Dawson, Garfield, McCone, Prairie, and Richland
Counties of the State; and
(2) McKenzie County, North Dakota.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Western Area Power Administration.
(2) Authority.--The term ``Authority'' means--
(A) the Dry-Redwater Regional Water Authority,
which is a publicly owned nonprofit water authority
formed in accordance with Mont. Code Ann. Sec. 75-6-
302 (2007); and
(B) any nonprofit successor entity.
(3) Firm power rate.--The term ``firm power rate'' means
the rate charged by the Administrator for the Pick-Sloan
Missouri Basin Program--Eastern Division.
(4) Pick-sloan program.--The term ``Pick-Sloan program''
means the Pick-Sloan Missouri River Basin Program (authorized
by section 9 of the Act of December 22, 1944 (commonly known as
the ``Flood Control Act of 1944'') (58 Stat. 891, chapter
665)).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Montana.
(7) Water system.--The term ``Water System'' means the Dry-
Redwater Regional Water Authority System authorized under
section 4 for--
(A) Dawson, Garfield, McCone, Prairie, and Richland
Counties of the State; and
(B) McKenzie County, North Dakota.
SEC. 4. DRY-REDWATER REGIONAL WATER AUTHORITY SYSTEM.
(a) Cooperative Agreement.--
(1) In general.--The Secretary shall enter into a
cooperative agreement with the Authority to provide Federal
assistance for the planning, design, and construction of the
Water System.
(2) Requirements.--A cooperative agreement entered into
under paragraph (1) shall specify, in a manner that is
acceptable to the Secretary and the Authority--
(A) the responsibilities of each party to the
cooperative agreement relating to the Water System,
including--
(i) the final engineering report;
(ii) an environmental and cultural resource
study;
(iii) engineering and design;
(iv) construction;
(v) water conservation measures; and
(vi) administration of contracts relating
to the performance of the activities described
in clauses (i) through (v);
(B) any procedure or requirement relating to--
(i) the carrying out of each activity
described in subparagraph (A); and
(ii) the approval and acceptance of the
design and construction of the Water System;
and
(C) the rights, responsibilities, and liabilities
of each party to the cooperative agreement.
(b) Use of Federal Funds.--
(1) Federal share.--
(A) In general.--The Federal share of the costs
relating to the planning, design, and construction of
the Water System shall not exceed 75 percent of the
total cost of the Water System.
(B) Limitation.--Amounts made available under
subparagraph (A) shall not be returnable or
reimbursable under the reclamation laws.
(2) Compliance with cooperative agreement.--Federal funds
made available to carry out this section shall be obligated and
expended in accordance with a cooperative agreement entered
into by the Secretary under subsection (a)(1).
(c) Components.--Components of the Water System facilities for
which Federal funds may be obligated and expended under this section
shall include--
(1) facilities relating to--
(A) water intake;
(B) water pumping;
(C) water treatment; and
(D) water storage;
(2) transmission pipelines and pumping stations;
(3) appurtenant buildings, maintenance equipment, and
access roads;
(4) any interconnection facility that connects a pipeline
of the Water System to a pipeline of a public water system;
(5) distribution, pumping, and storage facilities that--
(A) serve the needs of citizens who use public
water systems;
(B) are in existence on the date of enactment of
this Act; and
(C) may be purchased, improved, and repaired in
accordance with a cooperative agreement entered into by
the Secretary under subsection (a)(1);
(6) electrical power transmission and distribution
facilities required for the operation and maintenance of the
Water System;
(7) any other facility or service required for the
development of a rural water distribution system, as determined
by the Secretary; and
(8) any property or property right required for the
construction or operation of a facility described in this
subsection.
(d) Service Area.--The service area of the Water System shall be--
(1) the area of Garfield and McCone Counties in the State;
(2) the area west of the Yellowstone River in Dawson and
Richland Counties in the State;
(3) the area including, and north of, Township 15N in
Prairie County in the State; and
(4) the portion of McKenzie County, North Dakota, that
includes all land that is located west of the Yellowstone River
in the State of North Dakota.
(e) Limitation on Availability of Construction Funds.--The
Secretary shall not obligate funds for construction of the Water System
until the date--
(1) on which the Water System complies with each
requirement under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(2) that is 90 days after the date of receipt by Congress
of the final engineering report described in subsection
(a)(2)(A)(i) that is approved by the Secretary; and
(3) on which the Secretary publishes a written finding that
the water conservation plan developed pursuant to section 6
contains water conservation measures for the operation of the
Water System that are--
(A) prudent;
(B) reasonable; and
(C) economically and financially feasible.
(f) Limitation on Use of Federal Funds.--
(1) In general.--Any cost relating to the operation,
maintenance, or replacement of the Water System--
(A) shall not be a Federal responsibility; and
(B) shall be paid by the Water System.
(2) Federal funds.--The Secretary shall not obligate or
expend Federal funds for the operation, maintenance, or
replacement of the Water System.
(g) Title to the Water System.--Title to the Water System shall be
held by the Authority.
SEC. 5. USE OF POWER FROM PICK-SLOAN PROGRAM.
(a) Findings.--Congress finds that McCone and Garfield Counties in
the State were designated--
(1) as impact counties during the period in which the Fort
Peck Dam was constructed; and
(2) to receive impact mitigation benefits in accordance
with the Pick-Sloan program.
(b) Availability of Power.--
(1) In general.--Subject to paragraph (2), the
Administrator shall make available to the Water System a
quantity of power required to meet the pumping and incidental
operation requirements of the Water System--
(A) from the water intake facilities; and
(B) through--
(i) the water treatment facilities; and
(ii) all first water distribution pumping
facilities.
(2) Eligibility.--The Water System shall be eligible to
receive power under paragraph (1) if the Water System--
(A) operates on a not-for-profit basis; and
(B) is constructed pursuant to a cooperative
agreement entered into by the Secretary under section
4(a)(1).
(3) Rate.--The Administrator shall establish the cost of
the power described in paragraph (1) at the firm power rate.
(4) Recovery of expenses.--The Administrator shall recover
the costs associated with the quantity of power used by the
Authority under paragraph (1).
(5) Responsibility for expenses.--The Authority shall be
responsible for the payment of the costs described in paragraph
(4).
SEC. 6. WATER CONSERVATION PLAN.
(a) In General.--The Authority shall develop a water conservation
plan containing--
(1) a description of water conservation objectives;
(2) a description of appropriate water conservation
measures; and
(3) a time schedule for carrying out the measures described
in paragraph (2) and this Act to meet the water conservation
objectives described in paragraph (1).
(b) Design Requirement.--The water conservation plan developed
under subsection (a) shall be designed to ensure that users of water
provided by the Water System will use the best practical technology and
management techniques to conserve water.
(c) Public Participation.--Section 210(c) of the Reclamation Reform
Act of 1982 (43 U.S.C. 390jj(c)) shall apply to each activity carried
out under this Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Water System.--There is authorized to be appropriated to carry
out the planning, design, and construction of the Water System
$115,116,000 for the period of fiscal years 2009 through 2019.
(b) Cost Indexing.--The amount authorized to be appropriated under
subsection (a) may be increased or decreased in accordance with
ordinary fluctuations in development costs incurred after January 1,
2008, as indicated by any available engineering cost indices applicable
to construction activities that are similar to the construction of the
Water System. | Dry-Redwater Regional Water Authority System Act of 2008 - Directs the Secretary of the Interior to enter into a cooperative agreement to provide federal assistance for the planning, design, and construction of the Dry-Redwater Regional Water Authority System for specified counties in Montana and North Dakota.
Lists agreement requirements. Limits the federal share of planning, design, and construction of the System to 75% of the total cost. Delineates the components of System facilities for which federal funds may be expended and the System's service area. Limits the obligation of funds for construction. Provides that any cost relating to the System's operation, maintenance, or replacement shall not be a federal responsibility and shall be paid by the System.
Directs the Administrator of the Western Area Power Administration to make available to the System a quantity of power required to meet the System's pumping and incidental operation requirements from the water intake facilities and through the water treatment facilities and all first water distribution pumping facilities. Makes the System eligible to receive power only if it operates on a nonprofit basis and is constructed pursuant to the agreement.
Directs the Authority to develop a water conservation plan containing a description of water conservation objectives and measures and a schedule for carrying out such measures. Requires the plan to be designed to ensure that users of water provided by the System will use the best practical technology and management techniques to conserve water. | A bill to authorize the construction of the Dry-Redwater Regional Water Authority System in the State of Montana and a portion of McKenzie Country, North Dakota, and for other purposes. |
SECTION 1. CARRYOVER OF UNUSED BENEFITS FROM HEALTH FLEXIBLE SPENDING
ARRANGEMENTS.
(a) In General.--Section 125 of the Internal Revenue Code of 1986
(relating to cafeteria plans) is amended by redesignating subsections
(h) and (i) as subsections (i) and (j), respectively, and by inserting
after subsection (g) the following new subsection:
``(h) Allowance of Carryovers of Unused Funds to Subsequent Taxable
Years.--
``(1) In general.--For purposes of this title--
``(A) a plan or other arrangement shall not fail to
be treated as a cafeteria plan or health flexible
spending arrangement, and
``(B) no amount shall be required to be included in
gross income by reason of this section or any other
provision of this chapter,
solely because under such plan or other arrangement any amounts
elected for reimbursement of eligible medical care expenses
under a health flexible spending arrangement which are unused
during a plan year may be carried forward to one or more
succeeding plan years.
``(2) Amounts included in gross income.--Any carryover
amount described in subsection (h)(1) shall be included in
gross income for purposes of Federal withholding and employment
tax purposes, including FICA taxes. Any amount carried over
under this subparagraph shall be treated as wages for the
taxable year in which the amounts were determined to be carry
over amounts as described in subsection (h)(1).
``(3) Treatment of and limitation on rollover amounts.--
Amounts carried over under subparagraph (h)(1) shall be limited
as follows:
``(A) Amounts carried forward pursuant to
subsection (h)(1) shall be limited to $2,000 per plan
year (as indexed for future years by the cost of living
adjustment determined under section 1(f)(3)). Any
unused amounts during any plan year in excess of this
amount shall be forfeited and shall be treated in
accordance with the applicable regulations issued under
section 125.
``(B) Amounts carried forward pursuant to
subsection (h)(1) shall be used only for reimbursement
of Qualified Medical Care Expenses defined in
subsection (h)(5) below.
``(C) The employer may invest such carryover
amounts in guaranteed principle and interest
investments which provide 100 percent liquidity within
the account.
``(4) Forfeitures for terminating participants permitted.--
Nothing in this subsection shall preclude the application of
the requirement set forth in the regulations promulgated under
section 125 that participants who terminate participation prior
to the end of the plan year must forfeit any health flexible
spending arrangement account balance provided such amounts do
not consist of carry over amounts described in subsection
(h)(1).
``(5) Qualified medical expenses.--
``(A) In general.--The term `qualified medical
expenses' means, with respect to subsection (h)(3)
above, amounts paid for medical care (as defined in
section 213(d)) for such individual, the spouse of such
individual, and any dependent (as defined in section
152) of such individual, but only to the extent such
amounts are not compensated for by insurance or
otherwise.
``(B) Health insurance expenses.--
``(i) In general.--Subparagraph (A) shall
not apply to any payment for coverage under a
group health plan of an employer of the health
flexible spending arrangement participant or
the spouse of the participant.
``(ii) Exceptions.--Clause (A) shall not
apply to any expense for coverage under--
``(I) a group health plan during
any period of continuation coverage
required under any Federal law,
``(II) a qualified long-term care
insurance contract (as defined in
section 7702B(b)),
``(III) a Medicare supplemental
policy under section 1882 of the Social
Security Act, or
``(IV) an individual health
insurance policy.
``(6) Carryover amounts to be expended after health
flexible spending arrangement contribution.--All Qualified
Medical Care Expenses defined in subsection (h)(5)(A) that are
submitted for reimbursement must be reimbursed first from
amounts in the participant's health care flexible spending
arrangement that do not constitute carryover amounts described
in subsection (h)(1), to the extent such amounts may be
reimbursed from the portion of the health flexible spending
arrangement that does not consist of carryover amounts pursuant
to rules set forth in the regulations promulgated under section
125 relative to health flexible spending arrangements.
``(7) Treatment of carryover amounts following termination
of employment or other loss of eligibility.--Upon a termination
of employment or other loss of eligibility under the health
care flexible spending arrangement, the Employer must provide
for one or more of the following methods of distribution of a
Participant's accumulated carryover amount plus interest earned
and allocated to such Participant pursuant to subsection
(h)(3)(C):
``(A) The Participant's accumulated carryover
amount, including any interest earned and allocated to
such health care spending arrangement balance pursuant
to (h)(3)(C), may be retained by the Employer to be
used to reimburse Qualifying Medical Care Expenses of
the former participant and the former employee's spouse
or dependents incurred after the date of termination;
``(B) The carryover amount calculated as of the day
of the termination of employment or other loss of
eligibility may be transferred to the subsequent
employer to be used by the former participant in a
manner consistent with the rule of this subsection (h),
provided the subsequent employer provides a similar
arrangement and agrees in writing; or
``(C) The employer may distribute the carryover
amount, including any interest earned and allocated to
such account pursuant to subsection (h)(3)(C), to any
appropriate vehicle as defined by the Department of
Treasury in regulations or to the participant in cash.
If carryover amounts are received in cash, the interest
earned and allocated to such participant pursuant to
subsection (h)(3)(C) shall be treated as ordinary
income for purposes of Federal tax purposes.
The employer must offer at least one of the options set forth
above; however, nothing in this subsection requires the
employer to offer more than one option. If the employer offers
more than one of the options listed above, the employee must
choose the applicable option within 60 days of the date of
termination of employment or loss of eligibility. Should no
election be made, the funds will revert to the employer
consistent with Federal regulations. If the termination of
employment or loss of eligibility is a result of the
participant's death, the surviving spouse, or dependents, if no
surviving spouse, will receive the participant's carry over
funds in a manner consistent with (h)(7)(C).''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001. | Amends the Internal Revenue Code to allow the limited (up to $2,000 annually) carryover of unused benefits from health flexible spending arrangements to subsequent taxable years to be used for the reimbursement of future medical expenses. | To amend the Internal Revenue Code of 1986 to allow amounts elected for reimbursement of medical care expenses under a health flexible spending arrangements, as defined in Code Section 106(c)(2) and the regulations promulgated under Section 125, that are unused during a Plan Year to be carried over within the account to subsequent plan years for the reimbursement of future eligible medical expenses. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oregon Coastal Land Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Confederated tribes.--The term ``Confederated Tribes''
means the Confederated Tribes of Coos, Lower Umpqua, and
Siuslaw Indians.
(2) Oregon coastal land.--The term ``Oregon Coastal land''
means the approximately 14,408 acres of land, as generally
depicted on the map entitled ``Oregon Coastal Land Conveyance''
and dated March 27, 2013.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. CONVEYANCE.
(a) In General.--Subject to valid existing rights, including
rights-of-way, all right, title, and interest of the United States in
and to the Oregon Coastal land, including any improvements located on
the land, appurtenances to the land, and minerals on or in the land,
including oil and gas, shall be--
(1) held in trust by the United States for the benefit of
the Confederated Tribes; and
(2) part of the reservation of the Confederated Tribes.
(b) Survey.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall complete a survey of the boundary lines
to establish the boundaries of the land taken into trust under
subsection (a).
SEC. 4. MAP AND LEGAL DESCRIPTION.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall file a map and legal description of
the Oregon Coastal land with--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Natural Resources of the House of
Representatives.
(b) Force and Effect.--The map and legal description filed under
subsection (a) shall have the same force and effect as if included in
this Act, except that the Secretary may correct any clerical or
typographical errors in the map or legal description.
(c) Public Availability.--The map and legal description filed under
subsection (a) shall be on file and available for public inspection in
the Office of the Secretary.
SEC. 5. ADMINISTRATION.
(a) In General.--Unless expressly provided in this Act, nothing in
this Act affects any right or claim of the Confederated Tribes existing
on the date of enactment of this Act to any land or interest in land.
(b) Prohibitions.--
(1) Exports of unprocessed logs.--Federal law (including
regulations) relating to the export of unprocessed logs
harvested from Federal land shall apply to any unprocessed logs
that are harvested from the Oregon Coastal land taken into
trust under section 3.
(2) Non-permissible use of land.--Any real property taken
into trust under section 3 shall not be eligible, or used, for
any gaming activity carried out under Public Law 100-497 (25
U.S.C. 2701 et seq.).
(c) Laws Applicable to Commercial Forestry Activity.--Any
commercial forestry activity that is carried out on the Oregon Coastal
land taken into trust under section 3 shall be managed in accordance
with all applicable Federal laws.
(d) Agreements.--The Confederated Tribes shall consult with the
Secretary and other parties as necessary to develop agreements to
provide for access to the Oregon Coastal land taken into trust under
section 3 that provide for--
(1) honoring existing reciprocal right-of-way agreements;
(2) administrative access by the Bureau of Land Management;
and
(3) management of the Oregon Coastal land that are acquired
or developed under chapter 2003 of title 54, United States
Code, consistent with section 200305(f)(3) of title 54, United
States Code.
(e) Land Use Planning Requirements.--Except as provided in
subsection (c), once the Oregon Coastal land is taken into trust under
section 3, the land shall not be subject to the land use planning
requirements of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.) or the Act of August 28, 1937 (43 U.S.C. 1181a et
seq.).
SEC. 6. LAND RECLASSIFICATION.
(a) Identification of Oregon and California Railroad Grant Land.--
Not later than 180 days after the date of enactment of this Act, the
Secretary of Agriculture and the Secretary shall identify any Oregon
and California Railroad grant land that is held in trust by the United
States for the benefit of the Confederated Tribes under section 3.
(b) Identification of Public Domain Land.--Not later than 18 months
after the date of enactment of this Act, the Secretary shall identify
public domain land in the State of Oregon that--
(1) is approximately equal in acreage and condition as the
Oregon and California Railroad grant land identified under
subsection (a); and
(2) is located in the vicinity of the Oregon and California
Railroad grant land.
(c) Maps.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to Congress and publish in the
Federal Register 1 or more maps depicting the land identified in
subsections (a) and (b).
(d) Reclassification.--
(1) In general.--After providing an opportunity for public
comment, the Secretary shall reclassify the land identified in
subsection (b) as Oregon and California Railroad grant land.
(2) Applicability.--The Act of August 28, 1937 (43 U.S.C.
1181a et seq.), shall apply to land reclassified as Oregon and
California Railroad grant land under paragraph (1). | Oregon Coastal Land Act Requires all interest of the United States in approximately 14,408 acres of land (Oregon Coastal land) to be held in trust for, and to be part of the reservation of, the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians (Tribes). Applies federal law relating to the export of unprocessed logs harvested from federal land to any unprocessed logs harvested from such land. Prohibits gaming on such land. Requires commercial forestry activity on such land to be managed in accordance with applicable federal laws. Exempts such land from the land use planning requirements of the Federal Land Policy and Management Act of 1976. Directs the Tribes to consult with the Department of the Interior and other parties to develop agreements to provide for access to such land that provide for: (1) honoring existing reciprocal right-of-way agreements, (2) administrative access by the Bureau of Land Management, and (3) management of any such land acquired or developed under the Land and Water Conservation Fund. Directs the Department of Agriculture and Interior to identify any land conveyed under this Act that is Oregon and California Railroad grant land. Directs Interior to: (1) identify public domain land in Oregon that is approximately equal in acreage and condition to such Oregon and California Railroad grant land, and (2) reclassify the public domain land as Oregon and California Railroad grant land. | Oregon Coastal Land Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Boating Occupancy and Teaching
Safety Act'' or the ``BOATS Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Flying bridge.--The term ``flying bridge'' means an
open deck above the main navigating bridge of a recreational
vessel.
(2) Passenger.--The term ``passenger'' includes any
individual aboard a vessel.
(3) Recreational vessel.--
(A) In general.--The term ``recreational vessel''
means any vessel of greater than 20 feet and less than
45 feet overall in length, that is--
(i) manufactured or used primarily for
pleasure; or
(ii) leased, rented, or chartered to a
person for the pleasure of that person.
(B) Exclusion.--The term ``recreational vessel''
does not include a vessel that--
(i) is subject to Coast Guard inspection;
(ii) is constructed before January 1, 2016;
and
(iii)(I) is engaged in commercial use; or
(II) carries paying passengers.
SEC. 3. CAPACITY LIMITS FOR RECREATIONAL VESSELS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Commandant of the Coast Guard shall--
(1) establish standards for determining the maximum
passenger capacity in whole number of passengers and in pounds
for recreational vessels;
(2) require each manufacturer of a passenger vessel to post
such maximum passenger capacity on the passenger vessel as
described in subsection (b); and
(3) require each operator of a passenger vessel to ensure
that--
(A) such maximum passenger capacity is posted as
described in subsection (b) and legible to passengers;
and
(B) notice of the need to balance the weight
carried by the vessel to avoid capsizing is posted as
described in subsection (b) and legible to passengers.
(b) Elements and Locations of Displays.--The maximum passenger
capacity, maximum carrying capacity in pounds, and notice of the need
to balance the carried weight for a passenger vessel shall each be
permanently displayed in a legible matter--
(1) in a location that is clearly visible to a passenger
boarding the passenger vessel; and
(2) on each flying bridge of the vessel, in a location that
is clearly visible to a passenger on the flying bridge.
(c) Penalties.--Not later than 180 days after the date of the
enactment of this Act, the Commandant of the Coast Guard shall publish
regulations that establish appropriate penalties for a manufacturer of
a recreational vessel that does not comply with the requirements of
this section.
(d) Application.--The requirements of this section shall apply to
any recreational vessel manufactured after the date that is 180 days
after the date of the enactment of this Act.
SEC. 4. STATE RECREATIONAL BOATING SAFETY PROGRAMS.
(a) Program Acceptance.--Section 13103 of title 46, United States
Code, is amended--
(1) in subsection (c)--
(A) in paragraph (4) by striking ``and'' at the
end;
(B) in paragraph (5) by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(6) contracting practices in accordance with subsection
(e).''; and
(2) by adding at the end the following:
``(e) Contracting.--
``(1) In general.--A State carrying out a State
recreational boating safety program may enter into a contract
with a local government or private entity to have the
government or entity provide boating safety education services
under the program.
``(2) Expenditure requirement.--Each fiscal year, a State
carrying out a State recreational boating safety program shall
expend on contracts described in paragraph (1) not less than 5
percent of the Federal amounts received by that State in that
fiscal year under this chapter.
``(3) Considerations.--In entering into contracts under
paragraph (1), a State shall consider--
``(A) the need for geographic diversity among the
local governments and private entities providing
education services under the contracts;
``(B) the need to have education services that
address the various vessels utilized in the State;
``(C) the need to have education services that
address the various waterways in the State; and
``(D) all the costs related to providing education
services under the contracts that may affect the local
governments and private entities providing the
services.
``(4) Eligibility.--
``(A) In general.--To be eligible to enter into a
contract under paragraph (1), a local government or
private entity shall--
``(i) submit to the appropriate State lead
authority or agency designated under subsection
(a)(4) a detailed proposal for the provision of
boating safety education services; and
``(ii) certify that the government or
entity will not profit financially from
providing the services.
``(B) Exceptions.--
``(i) Existing providers.--Subparagraph
(A)(i) does not apply to a local government or
private entity that provided boating safety
education services before the date of enactment
of this subsection under standards established
by the relevant State.
``(ii) 501(c)(3) organizations.--
Subparagraph (A)(ii) does not apply to an
organization described in section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of such Code
if the organization certifies to the relevant
State that all relevant profits will be used to
advance boating safety.
``(5) Education services criteria.--The Secretary, in
consultation with States and relevant stakeholders, shall
establish criteria for the boating safety education services
provided by local governments and private entities under this
subsection. Using the criteria, a State shall establish
outlines specifying the requirements for education services in
that State and education services in that State shall be
provided in accordance with the outlines.
``(6) Additional contracting.--A local government that
enters into a contract under paragraph (1) to provide boating
safety education services may contract with a private entity to
receive assistance with the provision of those services.
``(7) Advertising.--A local government or private entity
that enters into a contract under paragraph (1) to provide
boating safety education services may utilize funds provided
under that contract to advertise such services.
``(8) Report.--Each fiscal year, a State that entered into
contracts under this subsection shall submit to the Secretary a
report specifying the governments and entities contracted with
in that fiscal year.''.
(b) Sport Fish Restoration and Boating Trust Fund.--Section
9504(b)(2)(A) of the Internal Revenue Code of 1986 is amended by
striking ``the MAP-21'' and inserting ``Boating Occupancy and Teaching
Safety Act''. | Boating Occupancy and Teaching Safety Act or the BOATS Act - Directs the Commandant of the Coast Guard to: (1) establish maximum passenger capacity and maximum weight capacity standards for recreational vessels, and (2) require manufacturers and operators of passenger vessels to permanently display in a legible manner that is clearly visible, including on each flying bridge of the vessel, to vessel passengers such maximum capacity requirements and a notice of the need to balance vessel weight to avoid capsizing. Defines "flying bridge" to mean an open deck above the main navigating bridge of a recreational vessel. Amends federal shipping law to revise state recreational boating safety program requirements. Allows a state to contract with a local government or private entity to provide boating safety education services under a state recreational boating safety program. Amends the Internal Revenue Code to make amounts in the Sport Fish Restoration and Boating Trust Fund available for expenditures to carry out the purposes of the Dingell-Johnson Sport Fish Restoration Act (as in effect upon enactment of this Act). | BOATS Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Relief
Opportunities for Students Act of 2001''.
SEC. 2. WAIVER AUTHORITY FOR RESPONSE TO NATIONAL EMERGENCY.
(a) Waivers and Modifications.--
(1) In general.--Notwithstanding any other provision of
law, unless enacted with specific reference to this section,
the Secretary of Education (referred to in this Act as the
`Secretary') may waive or modify any statutory or regulatory
provision applicable to the student financial aid programs
under title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.) as the Secretary deems necessary in connection
with the national emergency to provide the waivers or
modifications authorized by paragraph (2).
(2) Actions authorized.--The Secretary is authorized to
waive or modify any provision described in paragraph (1) as may
be necessary to ensure that--
(A) borrowers of Federal student loans who are
affected individuals are not placed in a worse position
financially in relation to those loans because of their
status as affected individuals;
(B) administrative requirements placed on affected
individuals who are borrowers of Federal student loans
are minimized, to the extent possible without impairing
the integrity of the student loan programs, to ease the
burden on such borrowers and avoid inadvertent,
technical violations or defaults;
(C) the calculation of ``annual adjusted family
income'' and ``available income'', as used in the
determination of need for student financial assistance
under title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.) for any such affected individual
(and the determination of such need for his or her
spouse and dependents, if applicable), may be modified
to mean the sums received in the first calendar year of
the award year for which such determination is made, in
order to reflect more accurately the financial
condition of such affected individual and his or her
family; and
(D) institutions of higher education, eligible
lenders, guaranty agencies, and other entities
participating in the student assistance programs under
title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.) that are located in, or whose operations
are directly affected by, areas that are declared
disaster areas by any Federal, State, or local official
in connection with the national emergency may be
granted temporary relief from requirements that are
rendered infeasible or unreasonable by the national
emergency, including due diligence requirements and
reporting deadlines.
(b) Notice of Waivers or Modifications.--
(1) In general.--Notwithstanding section 437 of the General
Education Provisions Act (20 U.S.C. 1232) and section 553 of
title 5, United States Code, the Secretary shall, by notice in
the Federal Register, publish the waivers or modifications of
statutory and regulatory provisions the Secretary deems
necessary to achieve the purposes of this section.
(2) Terms and conditions.--The notice under paragraph (1)
shall include the terms and conditions to be applied in lieu of
such statutory and regulatory provisions.
(3) Case-by-case basis.--The Secretary is not required to
exercise the waiver or modification authority under this
section on a case-by-case basis.
(c) Impact Report.--The Secretary shall, not later than 15 months
after first exercising any authority to issue a waiver or modification
under subsection (a), report to the Committee on Education and the
Workforce of the House of Representatives and the Committee on Health,
Education, Labor and Pensions of the Senate on the impact of any
waivers or modifications issued pursuant to subsection (a) on affected
individuals and the programs under title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070 et seq.), and the basis for such determination,
and include in such report the Secretary's recommendations for changes
to the statutory or regulatory provisions that were the subject of such
waiver or modification.
(d) No Delay in Waivers and Modifications.--Sections 482(c) and 492
of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a) shall
not apply to the waivers and modifications authorized or required by
this Act.
SEC. 3. TUITION REFUNDS OR CREDITS FOR MEMBERS OF ARMED FORCES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) all institutions offering postsecondary education
should provide a full refund to students who are members of the
Armed Forces serving on active duty during the national
emergency, for that portion of a period of instruction such
student was unable to complete, or for which such individual
did not receive academic credit, because he or she was called
up for such service; and
(2) if affected individuals withdraw from a course of study
as a result of such service, such institutions should make
every effort to minimize deferral of enrollment or
reapplication requirements and should provide the greatest
flexibility possible with administrative deadlines related to
those applications.
(b) Definition of Full Refund.--For purposes of this section, a
full refund includes a refund of required tuition and fees, or a credit
in a comparable amount against future tuition and fees.
SEC. 4. USE OF PROFESSIONAL JUDGMENT.
At the time of publishing any waivers or modifications pursuant to
section 2(b), the Secretary shall publish examples of measures which
institutions may take in the appropriate exercise of discretion under
section 479A of the Higher Education Act of 1965 (20 U.S.C. 1087tt) to
adjust financial need and aid eligibility determinations for affected
individuals.
SEC. 5. DEFINITIONS.
In this Act:
(1) Active duty.--The term `active duty' has the meaning
given such term in section 101(d)(1) of title 10, United States
Code, except that such term does not include active duty for
training or attendance at a service school.
(2) Affected individual.--The term `affected individual'
means an individual who--
(A) is serving on active duty during the national
emergency;
(B) resides or is employed in an area that is
declared a disaster area by any Federal, State, or
local official in connection with the national
emergency; or
(C) suffered direct economic hardship as a direct
result of the national emergency, as determined under a
waiver or modification issued under this Act.
(3) Federal student loan.--The term `Federal student loan'
means a loan made, insured, or guaranteed under part B, D, or E
of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071
et seq., 20 U.S.C. 1087a et seq., and 20 U.S.C. 1087aa et
seq.).
(4) National emergency.--The term `national emergency'
means the national emergency by reason of certain terrorist
attacks declared by the President on September 14, 2001, or
subsequent national emergencies declared by the President by
reason of terrorist attacks.
(5) Serving on active duty during the national emergency.--
The term `serving on active duty during the national emergency'
shall include an individual who is--
(A) a Reserve of an Armed Force ordered to active
duty under section 12301(a), 12301(g), 12302, 12304, or
12306 of title 10, United States Code, or any retired
member of an Armed Force ordered to active duty under
section 688 of such title, for service in connection
with such emergency or subsequent actions or
conditions, regardless of the location at which such
active duty service is performed; and
(B) any other member of an Armed Force on active
duty in connection with such emergency or subsequent
actions or conditions who has been assigned to a duty
station at a location other than the location at which
such member is normally assigned.
SEC. 6. TERMINATION OF AUTHORITY.
The provisions of this Act shall cease to be effective on September
30, 2003.
Passed the House of Representatives October 23, 2001.
Attest:
JEFF TRANDAHL,
Clerk. | Higher Education Relief Opportunities for Students Act of 2001 - Authorizes the Secretary of Education to waive or modify certain requirements of student financial aid programs under title IV of the Higher Education Act of 1965 as the Secretary deems necessary in connection with the national emergency declared by the President with respect to the terrorist attacks of September 11, 2001, or any subsequent national emergency declared by reason of terrorist attacks (the emergency).Authorizes such waivers or modifications in order to provide relief from certain financial and administrative burdens to affected individuals who: (1) are serving on active duty during the emergency; (2) reside or are employed in a disaster area declared by any Federal, State, or local official in connection with the emergency; or (3) suffered direct economic hardship as a direct result of the emergency, as determined under a waiver or modification issued under this Act. Authorizes waiver or modification of certain reporting requirements for institutions of higher education, lenders, guarantee agencies, and other entities participating in such programs, if such entities are located in such declared disaster areas connected to the emergency.Expresses the sense of Congress that: (1) all institutions offering postsecondary education should provide a full refund to students who are members of the Armed Forces serving on active duty during the national emergency, for that portion of a period of instruction such student was unable to complete, or for which such individual did not receive academic credit, because he or she was called up for such service; and (2) if affected individuals withdraw from a course of study as a result of such service, such institutions should make every effort to minimize deferral of enrollment or reapplication requirements and should provide the greatest flexibility possible with administrative deadlines related to those applications. | To provide the Secretary of Education with specific waiver authority to respond to conditions in the national emergency declared by the President of the United States on September 14, 2001. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Needlestick Safety and Prevention
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Numerous workers who are occupationally exposed to
bloodborne pathogens have contracted fatal and other serious
viruses and diseases, including the human immunodeficiency virus
(HIV), hepatitis B, and hepatitis C from exposure to blood and
other potentially infectious materials in their workplace.
(2) In 1991 the Occupational Safety and Health Administration
issued a standard regulating occupational exposure to bloodborne
pathogens, including the human immunodeficiency virus, (HIV), the
hepatitis B virus (HBV), and the hepatitis C virus (HCV).
(3) Compliance with the bloodborne pathogens standard has
significantly reduced the risk that workers will contract a
bloodborne disease in the course of their work.
(4) Nevertheless, occupational exposure to bloodborne pathogens
from accidental sharps injuries in health care settings continues
to be a serious problem. In March 2000, the Centers for Disease
Control and Prevention estimated that more than 380,000
percutaneous injuries from contaminated sharps occur annually among
health care workers in United States hospital settings. Estimates
for all health care settings are that 600,000 to 800,000
needlestick and other percutaneous injuries occur among health care
workers annually. Such injuries can involve needles or other sharps
contaminated with bloodborne pathogens, such as HIV, HBV, or HCV.
(5) Since publication of the bloodborne pathogens standard in
1991 there has been a substantial increase in the number and
assortment of effective engineering controls available to
employers. There is now a large body of research and data
concerning the effectiveness of newer engineering controls,
including safer medical devices.
(6) 396 interested parties responded to a Request for
Information (in this section referred to as the ``RFI'') conducted
by the Occupational Safety and Health Administration in 1998 on
engineering and work practice controls used to eliminate or
minimize the risk of occupational exposure to bloodborne pathogens
due to percutaneous injuries from contaminated sharps. Comments
were provided by health care facilities, groups representing
healthcare workers, researchers, educational institutions,
professional and industry associations, and manufacturers of
medical devices.
(7) Numerous studies have demonstrated that the use of safer
medical devices, such as needleless systems and sharps with
engineered sharps injury protections, when they are part of an
overall bloodborne pathogens risk-reduction program, can be
extremely effective in reducing accidental sharps injuries.
(8) In March 2000, the Centers for Disease Control and
Prevention estimated that, depending on the type of device used and
the procedure involved, 62 to 88 percent of sharps injuries can
potentially be prevented by the use of safer medical devices.
(9) The OSHA 200 Log, as it is currently maintained, does not
sufficiently reflect injuries that may involve exposure to
bloodborne pathogens in healthcare facilities. More than 98 percent
of healthcare facilities responding to the RFI have adopted
surveillance systems in addition to the OSHA 200 Log. Information
gathered through these surveillance systems is commonly used for
hazard identification and evaluation of program and device
effectiveness.
(10) Training and education in the use of safer medical devices
and safer work practices are significant elements in the prevention
of percutaneous exposure incidents. Staff involvement in the device
selection and evaluation process is also an important element to
achieving a reduction in sharps injuries, particularly as new safer
devices are introduced into the work setting.
(11) Modification of the bloodborne pathogens standard is
appropriate to set forth in greater detail its requirement that
employers identify, evaluate, and make use of effective safer
medical devices.
SEC. 3. BLOODBORNE PATHOGENS STANDARD.
The bloodborne pathogens standard published at 29 CFR 1910.1030
shall be revised as follows:
(1) The definition of ``Engineering Controls'' (at 29 CFR
1910.1030(b)) shall include as additional examples of controls the
following: ``safer medical devices, such as sharps with engineered
sharps injury protections and needleless systems''.
(2) The term ``Sharps with Engineered Sharps Injury
Protections'' shall be added to the definitions (at 29 CFR
1910.1030(b)) and defined as ``a nonneedle sharp or a needle device
used for withdrawing body fluids, accessing a vein or artery, or
administering medications or other fluids, with a built-in safety
feature or mechanism that effectively reduces the risk of an
exposure incident''.
(3) The term ``Needleless Systems'' shall be added to the
definitions (at 29 CFR 1910.1030(b)) and defined as ``a device that
does not use needles for: (A) the collection of bodily fluids or
withdrawal of body fluids after initial venous or arterial access
is established; (B) the administration of medication or fluids; or
(C) any other procedure involving the potential for occupational
exposure to bloodborne pathogens due to percutaneous injuries from
contaminated sharps''.
(4) In addition to the existing requirements concerning
exposure control plans (29 CFR 1910.1030(c)(1)(iv)), the review and
update of such plans shall be required to also--
(A) ``reflect changes in technology that eliminate or
reduce exposure to bloodborne pathogens''; and
(B) ``document annually consideration and implementation of
appropriate commercially available and effective safer medical
devices designed to eliminate or minimize occupational
exposure''.
(5) The following additional recordkeeping requirement shall be
added to the bloodborne pathogens standard at 29 CFR 1910.1030(h):
``The employer shall establish and maintain a sharps injury log for
the recording of percutaneous injuries from contaminated sharps.
The information in the sharps injury log shall be recorded and
maintained in such manner as to protect the confidentiality of the
injured employee. The sharps injury log shall contain, at a
minimum--
``(A) the type and brand of device involved in the
incident,
``(B) the department or work area where the exposure
incident occurred, and
``(C) an explanation of how the incident occurred.''.
The requirement for such sharps injury log shall not apply to any
employer who is not required to maintain a log of occupational
injuries and illnesses under 29 CFR 1904 and the sharps injury log
shall be maintained for the period required by 29 CFR 1904.6.
(6) The following new section shall be added to the bloodborne
pathogens standard: ``An employer, who is required to establish an
Exposure Control Plan shall solicit input from non-managerial
employees responsible for direct patient care who are potentially
exposed to injuries from contaminated sharps in the identification,
evaluation, and selection of effective engineering and work
practice controls and shall document the solicitation in the
Exposure Control Plan.''.
SEC. 4. EFFECT OF MODIFICATIONS.
The modifications under section 3 shall be in force until
superseded in whole or in part by regulations promulgated by the
Secretary of Labor under section 6(b) of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 655(b)) and shall be enforced in the same
manner and to the same extent as any rule or regulation promulgated
under section 6(b).
SEC. 5. PROCEDURE AND EFFECTIVE DATE.
(a) Procedure.--The modifications of the bloodborne pathogens
standard prescribed by section 3 shall take effect without regard to
the procedural requirements applicable to regulations promulgated under
section 6(b) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655(b)) or the procedural requirements of chapter 5 of title 5,
United States Code.
(b) Effective Date.--The modifications to the bloodborne pathogens
standard required by section 3 shall--
(1) within 6 months of the date of the enactment of this Act,
be made and published in the Federal Register by the Secretary of
Labor acting through the Occupational Safety and Health
Administration; and
(2) at the end of 90 days after such publication, take effect.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Requires such modifications of the standard to: (1) be in force until superseded by regulations promulgated by the Secretary of Labor under OSHA; and (2) take effect without regard to specified procedural requirements. | Needlestick Safety and Prevention Act |
SECTION 1. TRANSFER OF AUTHORITY TO REVIEW CERTAIN MERGERS,
ACQUISITIONS, AND TAKEOVERS.
(a) Repeal of Defense Production Act Provision.--Section 721 of the
Defense Production Act of 1950 (50 U.S.C. App. 2170) is repealed.
(b) Transfer to Homeland Security.--Title II of the Homeland
Security Act of 2002 (6U.S.C. 121 et seq.) is amended by adding at the
end the following:
Subtitle E--Review of Mergers, Acquisitions, and Takeovers by Foreign
Entities
``SEC. 241. AUTHORITY TO REVIEW CERTAIN MERGERS, ACQUISITIONS, AND
TAKEOVERS.
``(a) Review and Investigation.--
``(1) In general.--The President or the President's
designee may undertake an investigation to determine the
effects on national security or homeland security of mergers,
acquisitions, and takeovers proposed or pending on or after the
date of enactment of this section by or with foreign persons
which could result in foreign control of persons engaged in
interstate commerce in the United States.
``(2) Review.--For purposes of determining whether to
undertake an investigation under this subsection, the President
or the President's designee shall conduct a review of the
proposed or pending merger, acquisition, or takeover, which
review shall be completed not later than 30 days after the date
of receipt by the President or the President's designee of
written notification of the proposed or pending merger,
acquisition, or takeover.
``(3) Timing.--If it is determined that an investigation
should be undertaken under this subsection, such
investigation--
``(A) shall commence at such time as the
determination is made under paragraph (2), and not
later than 30 days after the date of receipt by the
President or the President's designee of written
notification of the proposed or pending merger,
acquisition, or takeover, as prescribed by regulations
promulgated pursuant to this section; and
``(B) shall be completed not later than 45 days
after the date of its commencement.
``(4) Intelligence assessment reports.--With respect to any
investigation undertaken under this subsection, the Director of
National Intelligence shall create a report that consolidates
the intelligence findings, assessments, and concerns of each of
the relevant members of the intelligence community. Such report
shall be considered as part of the investigation, provided to
all members of the Committee, and included as part of any
recommendation to the President.
``(b) Mandatory Investigations.--
``(1) In general.--The President or the President's
designee shall undertake an investigation, as described in
subsection (a)(1), in any instance in which an entity
controlled by or acting on behalf of a foreign government seeks
to engage in any merger, acquisition, or takeover which would
result in control of a person engaged in interstate commerce in
the United States.
``(2) Timing.--An investigation undertaken under this
subsection--
``(A) shall commence not later than 30 days after
the date of receipt by the President or the President's
designee of written notification of the proposed or
pending merger, acquisition, or takeover, as prescribed
by regulations promulgated pursuant to this section;
and
``(B) shall be completed not later than 45 days
after the date of its commencement.
``(c) Committee for Secure Commerce.--
``(1) Establishment.--There is established the Committee
for Secure Commerce, which shall serve as the President's
designee for purposes of this section.
``(2) Chairperson.--The Secretary, or the designee thereof,
shall serve as the chairperson of the Committee.
``(3) Vice chairs.--The Secretary of Defense, or the
designee thereof, and the Secretary of the Treasury, or the
designee thereof, shall serve as vice chairs of the Committee.
``(4) Membership.--The standing members of the Committee
shall--
``(A) be made up of the heads of those executive
departments, agencies, and offices as the President
determines appropriate; and
``(B) include the Director of National
Intelligence.
``(5) Assistance from other federal sources.--The
chairperson of the Committee may seek information and
assistance from any other department, agency, or office of the
Federal Government, and such department, agency, or office
shall provide such information or assistance, as the
chairperson determines necessary or appropriate to carry out
the duties of the Committee under this section.
``(6) Review process; documentation.--
``(A) Committee review process.--The chairperson of
the Committee shall establish written processes and
procedures to be used by the Committee in conducting
reviews and investigations under this section in any
case in which the Committee is acting as the
President's designee, including a description of the
role and responsibilities of each of the member
departments, agencies, and offices in the investigation
of foreign investment in the United States.
``(B) Departmental review process.--The head of
each department, agency, or office that serves as a
member of the Committee shall establish written
internal processes and procedures to be used by the
department, agency, or office in conducting reviews and
investigations under this section, and shall provide
such written procedures to the Committee.
``(7) Independent agency reviews required.--In any case in
which the Committee is acting as the President's designee under
this section, each member of the Committee shall conduct,
within the department, agency, or office of that member, an
independent review of each proposed merger, acquisition, or
takeover described in subsection (a) or (b), and shall timely
provide to the Committee written findings relating to each such
review.
``(8) Determinations not to conduct an investigation.--A
determination by the Committee not to conduct an investigation
under subsection (a) shall be made only after a review required
by subsection (a)(2), and shall be unanimous.
``(d) Action by the President.--
``(1) In general.--Subject to subsection (e), the President
may take such action for such time as the President considers
appropriate to suspend or prohibit any acquisition, merger, or
takeover of a person engaged in interstate commerce in the
United States proposed or pending on or after the date of
enactment of this section, by or with a foreign person so that
such control will not threaten to impair the national security
or homeland security.
``(2) Announcement by the president.--The President shall
announce the decision to take action pursuant to this
subsection not later than 15 days after the investigation
described in subsection (a) is completed. The President may
direct the Attorney General to seek appropriate relief,
including divestment relief, in the district courts of the
United States in order to implement and enforce this section.
``(e) Findings of the President.--The President may exercise the
authority conferred by subsection (d) only if the President finds
that--
``(1) there is credible evidence that leads the President
to believe that the foreign interest exercising control might
take action that threatens to impair the national security or
homeland security; and
``(2) provisions of law, other than this section and the
International Emergency Economic Powers Act, do not, in the
judgment of the President, provide adequate and appropriate
authority for the President to protect the national security or
homeland security in the matter before the President.
``(f) Actions and Findings Nonreviewable.--The actions of the
President under subsection (d) and the findings of the President under
subsection (e) shall not be subject to judicial review.
``(g) Factors to Be Considered.--For purposes of this section, the
President or the President's designee shall, taking into account the
requirements of national security and homeland security, consider among
other factors--
``(1) critical infrastructure, the control of which is
important to homeland security;
``(2) domestic production needed for projected national
defense and homeland security requirements;
``(3) the capability and capacity of domestic industries to
meet national defense requirements, including the availability
of human resources, products, technology, materials, and other
supplies and services;
``(4) the control of domestic industries and commercial
activity by foreign citizens as it affects the capability and
capacity of the United States to meet the requirements of
national security or homeland security;
``(5) the potential effects of the proposed or pending
transaction on sales of military goods, equipment, or
technology to any country--
``(A) identified by the Secretary of State--
``(i) under section 6(j) of the Export
Administration Act of 1979, as a country that
supports terrorism;
``(ii) under section 6(l) of the Export
Administration Act of 1979, as a country of
concern regarding missile proliferation; or
``(iii) under section 6(m) of the Export
Administration Act of 1979, as a country of
concern regarding the proliferation of chemical
and biological weapons; or
``(B) listed under section 309(c) of the Nuclear
Non-Proliferation Act of 1978, on the `Nuclear Non-
Proliferation-Special Country List' (15 C.F.R. Part
778, Supplement No. 4) or any successor list; and
``(6) the potential effects of the proposed or pending
transaction on United States international technological
leadership in areas affecting United States national security
or homeland security.
``(h) Confidentiality of Information.--Any information or
documentary material filed with the President or the President's
designee pursuant to this section shall be exempt from disclosure under
section 552 of title 5, United States Code, and no such information or
documentary material may be made public, except as may be relevant to
any administrative or judicial action or proceeding. Nothing in this
subsection shall be construed to prevent disclosure to either House of
Congress or to any duly authorized committee or subcommittee of
Congress.
``(i) Reports to Congress.--
``(1) Reports on investigation.--The President, or the
President's designee, shall immediately upon completion of an
investigation under subsection (a) or (b) transmit to the
members of Congress specified in paragraph (3) a written report
of the results of the investigation, before any determination
by the President on whether or not to take action under
subsection (d), including a detailed explanation of the
findings made under subsection (e), details of any legally
binding assurances provided by the foreign entity that were
negotiated as a condition for approval, and the factors
considered under subsection (g). Such report shall be prepared
in a manner that is consistent with the requirements of
subsection (h).
``(2) Quarterly submissions.--The President, or the
President's designee, shall transmit to the members of the
Congress specified in paragraph (3) on a quarterly basis, a
detailed summary and analysis of each merger, acquisition, or
takeover that is being reviewed, was reviewed during the
preceding 90-day period, or is likely to be reviewed in the
coming quarter by the President or the Committee under
subsection (a) or (b). Each such summary and analysis shall be
submitted in unclassified form, with classified annexes, as the
Secretary determines are required to protect company
proprietary information and other sensitive information. Each
such summary and analysis shall include an appendix detailing
dissenting views.
``(3) Members of congress.--The reports required by this
subsection shall be transmitted to--
``(A) the Majority Leader and the Minority Leader
of the Senate;
``(B) the chairs and ranking members of the
Committee on Homeland Security and Government Affairs,
the Committee on Armed Services, and the Committee on
Banking, Housing, and Urban Affairs of the Senate;
``(C) the Speaker and the Minority Leader of the
House of Representatives; and
``(D) the chairs and ranking members of the
Committee on Homeland Security, the Committee on Armed
Services, and the Committee on Financial Services of
the House of Representatives.
``(j) Regulations.--The Secretary shall issue regulations to carry
out this section. Such regulations shall, to the extent possible,
minimize paperwork burdens and shall to the extent possible coordinate
reporting requirements under this section with reporting requirements
under any other provision of Federal law.
``(k) Effect on Other Law.--Nothing in this section shall be
construed to alter or affect any existing power, process, regulation,
investigation, enforcement measure, or review provided by any other
provision of law.
``(l) Technology Risk Assessments.--In any case in which an
assessment of the risk of diversion of a critical technology is
performed by a person designated by the President for such purpose, a
copy of such assessment shall be provided to each member of the
Committee for purposes of reviewing or investigating a merger,
acquisition, or takeover under this section.
``(m) Quadrennial Report.--
``(1) In general.--In order to assist the Congress in its
oversight responsibilities with respect to this section, the
President and such agencies as the President shall designate
shall complete and furnish to the Congress, not later than 1
year after the date of enactment of this section and every 4
years thereafter, a report which--
``(A) evaluates whether there is credible evidence
of a coordinated strategy by 1 or more countries or
companies to acquire critical infrastructure within the
United States or United States companies involved in
research, development, or production of critical
technologies for which the United States is a leading
producer; and
``(B) evaluates whether there are industrial
espionage activities directed or directly assisted by
foreign governments against private United States
companies aimed at obtaining commercial secrets related
to critical technologies or critical infrastructure.
``(2) Release of unclassified study.--The report required
by this subsection may be classified. An unclassified version
of the report shall be made available to the public.
``(n) Exemption.--Notwithstanding any other provision of law, the
provisions of section 872 do not apply to the Committee or with respect
to any provision of this subtitle.
``(o) Definitions.--As used in this section--
``(1) the term `critical technologies' means technologies
identified under title VI of the National Science and
Technology Policy, Organization, and Priorities Act of 1976, or
other critical technology, critical components, or critical
technology items essential to national defense identified
pursuant to this section;
``(2) the term `Committee' means the Committee for Secure
Commerce, established under subsection (c);
``(3) the term `foreign person' means any foreign
organization or any individual resident in a foreign country or
any organization or individual owned or controlled by such an
organization or individual; and
``(4) the term `intelligence community' has the same
meaning as in section 3 of the National Security Act of 1947
(50 U.S.C. 401a).''. | Amends the Defense Production Act of 1950 to repeal provisions concerning presidential authority to review certain proposed mergers, acquisitions, or takeovers (transactions) of U.S. entities by foreign entities.
Amends the Homeland Security Act of 2002 to authorize the President (or his designee) to undertake an investigation to determine the effects on national or homeland security of transactions which could result in foreign control of persons engaged in interstate commerce in the United States. Requires the President to first conduct a review of the proposed transaction to determine whether an investigation is warranted. Requires, with respect to any investigation conducted, the Director of National Intelligence to create a report consolidating the intelligence findings, assessments, and concerns of each of the relevant members of the intelligence community.
Requires the President to conduct a mandatory investigation in any instance in which an entity controlled by or acting on behalf of a foreign government seeks to engage in any transaction which would result in control of a person engaged in interstate commerce in the United States. Establishes the Committee for Secure Commerce to act as the President's designee in the conduct of such investigations.
Authorizes the President to suspend or prohibit a transaction if he finds that: (1) there is credible evidence to believe that the foreign interest exercising control might take action that threatens the national or homeland security; and (2) provisions of law other than the Homeland Security Act of 2002 and the International Emergency Economic Powers Act do not provide adequate and appropriate authority to protect the national or homeland security. States that the President's actions and findings shall not be subject to judicial review.
Requires reports from the President to Congress: (1) each time an investigation is completed; and (2) quarterly on each transaction being reviewed. | A bill to transfer authority to review certain mergers, acquisitions, and takeovers of United States entities by foreign entities to a designee established within the Department of Homeland Security, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Farm Animal Identification
and Records Act''.
SEC. 2. NATIONWIDE LIVESTOCK IDENTIFICATION SYSTEM.
The Animal Health Protection Act is amended by inserting after
section 10409 (7 U.S.C. 8308) the following new section:
``SEC. 10409A. NATIONWIDE LIVESTOCK IDENTIFICATION SYSTEM.
``(a) System Required.--Not later than 90 days after the date of
the enactment of the National Farm Animal Identification and Records
Act, the Secretary shall establish an electronic nationwide livestock
identification system to require the identification of livestock to
enhance the speed and accuracy of the response of the Department of
Agriculture to outbreaks of disease in livestock. Because livestock
diseases are not constrained by State boundaries, the livestock
identification system shall apply to all livestock born in the United
States or imported and cover the movement of livestock in both
interstate commerce and intrastate commerce.
``(b) Capabilities.--The livestock identification system shall be
capable of tracing, within 48 hours, livestock from birth to slaughter.
``(c) Participation by States.--The Secretary shall use the
authority provided by section 10411(a) to cooperate with States to
secure information for inclusion in the livestock identification
system. Subject to subsection (f), the Secretary shall provide States
with access to the livestock identification system.
``(d) Use of Existing Technology.--The Secretary may use technology
developed by private entities before the date of the enactment of the
National Farm Animal Identification and Records Act to operate the
livestock identification system.
``(e) Financial Assistance.--To the extent funds are made available
pursuant to subsection (g) to carry out this subsection, the Secretary
shall provide financial assistance to producers to assist the producers
in complying with the requirements of the livestock identification
system. In providing such assistance, the Secretary shall ensure that
producers with smaller livestock operations are not placed at a
financial disadvantage in complying with such requirements.
``(f) Release of Animal Identification Numbering Information.--
``(1) Freedom of information act.--Information obtained
through the livestock identification system is exempt from
disclosure under section 552 of title 5, United States Code.
``(2) Character of livestock identification system
information.--Except as provided in paragraphs (3) and (4),
information obtained through the livestock identification
system--
``(A) may not be released;
``(B) shall not be considered information in the
public domain; and
``(C) shall be considered commercial information
that is privileged and confidential.
``(3) Limited release of information authorized.--
Notwithstanding paragraph (2), the Secretary may release
information obtained through the livestock identification
system regarding particular livestock if--
``(A) the information involves livestock threatened
by disease or pest;
``(B) the release of the information is related to
actions the Secretary may take under this subtitle; and
``(C) the person obtaining the information needs
the information for reasons consistent with the public
health and public safety purposes of the livestock
identification system, as determined by the Secretary.
``(4) Limited release of information required.--
Notwithstanding paragraph (2), the Secretary shall release
information obtained through the livestock identification
system regarding particular livestock--
``(A) to the person who owns or controls the
livestock, if the person requests such information;
``(B) to the Attorney General for the purpose of
law enforcement;
``(C) to the Secretary of Homeland Security for the
purpose of national security;
``(D) to a court of competent jurisdiction; and
``(E) to the government of a foreign country, if
release of the information is necessary to trace
livestock threatened by disease or pest, as determined
by the Secretary.
``(5) Conflict of law.--If the information disclosure
limitations or requirements of this subsection conflict with
information disclosure limitations or requirements of a State
law--
``(A) this subsection shall take precedence over
the State law, if the conflict involves interstate or
international commerce; and
``(B) the State law shall take precedence over this
subsection, if the conflict involves intrastate
commerce in that State.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $175,000,000 to carry out this
section.''.
SEC. 3. REVIEW OF DEPARTMENT OF AGRICULTURE RESPONSES TO OUTBREAKS OF
DISEASE IN LIVESTOCK.
Section 10411 of the Animal Health Protection Act (7 U.S.C. 8310)
is amended by adding at the end the following new subsection:
``(f) Review of Responses to Outbreaks of Disease.--The Secretary
may appoint an international panel of scientific experts to provide an
objective review of a response by the Department of Agriculture to an
outbreak of disease in livestock and to identify areas for improvements
in such responses.''. | National Farm Animal Identification and Records Act - Amends the Animal Health Protection Act to direct the Secretary of Agriculture to establish an electronic nationwide livestock identification system to enhance the Department of Agriculture's response to outbreaks of livestock disease. Requires that such system: (1) be capable of tracing, within 48 hours, livestock from birth to slaughter; (2) provide for access by States and inclusion of State information; and (3) apply to all livestock born or imported into the United Sates, and to interstate and intrastate commerce.
Exempts, with specified exceptions, system information from disclosure under the Freedom of Information Act or other release into the public domain.
Authorizes the Secretary to: (1) provide producer participation assistance; and (2) appoint an international panel of scientific experts to review the Department's response to an outbreak of livestock disease. | To amend the Animal Health Protection Act to require the establishment of an electronic nationwide livestock identification system, to prevent the unauthorized release of information collected under the system, to promote an objective review of Department of Agriculture responses to livestock disease outbreaks, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vietnam Veterans Children's
Disability Act''.
SEC. 2. AUTHORITY TO PROVIDE BENEFITS FOR CHILDREN OF VIETNAM VETERANS
WITH CERTAIN DISEASES ASSOCIATED WITH PARENTAL EXPOSURE
TO HERBICIDE AGENTS.
(a) Amendments to New Chapter 18.--The amendments made by this
section are made to chapter 18 of title 38, United States Code, as
amended by section 401 of the Veterans Benefits and Health Care
Improvement Act of 2000 (Public Law 106-419; 114 Stat. 1857), and take
effect on--
(1) December 1, 2001 (the effective date of those
amendments); or
(2) if later, the date of the enactment of this Act.
(b) Benefits for Certain Children.--(1) Chapter 18 of title 38,
United States Code, is amended by adding at the end the following new
subchapter:
``SUBCHAPTER IV--CHILDREN OF VIETNAM VETERANS WITH DISEASES ASSOCIATED
WITH PARENTAL EXPOSURE TO HERBICIDE AGENTS
``Sec. 1831. Definitions
In this subchapter:
``(1) The term `eligible child' means an individual,
regardless of age or marital status, who--
``(A) is the natural child of--
``(i) a Vietnam veteran; or
``(ii) a veteran other than a Vietnam
veteran who, as determined under regulations
prescribed by the Secretary, was exposed before
the child was conceived to herbicides during
active military, naval, or air service; and
``(B) has one or more covered diseases.
``(2) The term `covered disease' means a disease identified
by the Secretary under section 1832 of this title.
``Sec. 1832. Covered diseases
``(a) Identification.--The Secretary shall by regulation identify
diseases occurring in children that have a positive association with
parental exposure to an herbicide agent before the date on which the
child was conceived.
``(b) Diseases To Be Included.--The Secretary shall include acute
myelogenous leukemia in the diseases identified under subsection (a).
``Sec. 1833. Health care
``(a) Needed Care.--The Secretary shall provide an eligible child
such health care as the Secretary determines is needed by the child for
that child's covered diseases or any disability that is associated with
those diseases.
``(b) Authority for Care To Be Provided Directly or by Contract.--
The Secretary may provide health care under this section directly or by
contract or other arrangement with a health care provider.
``(c) Definitions.--For purposes of this section, the definitions
in section 1803(c) of this title shall apply with respect to the
provision of health care under this section, except that for such
purposes--
``(1) the reference to `specialized spina bifida clinic' in
paragraph (2) of that section shall be treated as a reference
to a specialized clinic treating the disease concerned under
this section; and
``(2) the reference to `vocational training under section
1804 of this title' in paragraph (8) of that section shall be
treated as a reference to vocational training under section
1834 of this title.
``Sec. 1834. Vocational training
``(a) Authority.--The Secretary may provide a program of vocational
training to an eligible child if the Secretary determines that the
achievement of a vocational goal by the child is reasonably feasible.
``(b) Applicable Provisions.--Subsections (b) through (e) of
section 1804 of this title shall apply with respect to any program of
vocational training provided under subsection (a).
``Sec. 1835. Monetary allowance
``(a) Monetary Allowance.--The Secretary shall pay a monthly
allowance to an eligible child for any disability resulting from a
covered disease.
``(b) Schedule for Rating Disabilities.--(1) The amount of the
monthly allowance paid under this section shall be based on the degree
of disability suffered by the child concerned, as determined in
accordance with a schedule for rating disabilities resulting from
covered diseases that is prescribed by the Secretary.
``(2) In prescribing a schedule for rating disabilities for the
purposes of this section, the Secretary shall establish the levels of
disability upon which the amount of the allowance provided by this
section shall be based. The levels of disability established may take
into account functional limitations, including limitations on
cognition, communication, motor abilities, activities of daily living,
and employability.
``(c) Amount of Monthly Allowance.--(1) The Secretary shall
prescribe the amount of the monthly allowance paid under this section
for each level of disability established in the schedule of rating
disabilities prescribed under subsection (b), except that an allowance
under this section--
``(A) may not be less than the amount in effect under
section 1815(c)(1) of this title; and
``(B) may not be greater than the amount in effect under
section 1815(c)(4) of this title.
``(2)(A) Benefits under this subchapter may be discontinued six
months after the child has recovered fully from the disability.
``(B) For purposes of this paragraph, the term `fully
recovered from the disability' means that no signs or symptoms
of disability are present and no treatment for the disability
is warranted.
``(3) Benefits under this subchapter may be paid for any
secondary disability which results from any disability
associated with exposure to a herbicide or any disability
resulting from treatment for such disability.
``(d) Indexing to Social Security Benefit Increases.--Amounts paid
under subsection (c) shall be subject to adjustment from time to time
under section 5312 of this title.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``subchapter iv--children of vietnam veterans with diseases associated
with parental exposure to herbicide agents
``1831. Definitions.
``1832. Covered diseases.
``1833. Health care.
``1834. Vocational training.
``1835. Monetary allowance.''.
(c) Definition of Vietnam Veteran.--Section 1821(3)(A) of such
title is amended by striking ``subchapter I'' and inserting
``subchapters I and IV''. | Vietnam Veterans Children's Disability Act - Directs the Secretary of Veterans Affairs to: (1) identify diseases occurring in children of Vietnam veterans or other veterans that have a positive association with parental exposure to an herbicide agent before the date of conception; (2) include myelogenous leukemia among such diseases; (3) provide needed health care for such children's covered diseases or any associated disabilities; and (4) pay a monthly allowance to such children for any disability resulting from a covered disease, to be based on the degree of disability.Authorizes the Secretary to provide vocational training to such children if the achievement of a vocational goal is reasonably feasible. | To amend title 38, United States Code, to provide the Secretary of Veterans Affairs authority to furnish certain benefits for certain diseases occurring in children of Vietnam-era veterans upon a determination that such diseases have a positive association with parental exposure to a herbicide agent. |
SECTION 1. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON SERVICE DOG
TRAINING.
(a) Pilot Program Required.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Veterans Affairs shall
commence a pilot program to assess the feasibility and advisability of
using service dog training activities as components of integrated post-
deployment mental health and post-traumatic stress disorder
rehabilitation programs at Department of Veterans Affairs medical
centers--
(1) to positively affect veterans with post-deployment
mental health conditions or post-traumatic stress disorder
symptoms; and
(2) to produce specially trained service dogs for veterans.
(b) Duration.--The Secretary shall carry out the pilot program
during the three-year period beginning on the date of the commencement
of the pilot program.
(c) Location.--
(1) In general.--The pilot program shall be carried out at
one Department of Veterans Affairs medical center selected by
the Secretary for such purpose other than in the Department of
Veterans Affairs Palo Alto health care system in Palo Alto,
California. In selecting medical centers for the pilot program,
the Secretary shall--
(A) ensure that the medical center selected--
(i) has an established mental health
rehabilitation program that includes a clinical
focus on rehabilitation treatment of post-
deployment mental health disorder and post-
traumatic stress disorder; and
(ii) has a demonstrated capability and
capacity to incorporate service dog training
activities into the rehabilitation program; and
(B) shall review and consider using recommendations
published by experienced service dog trainers
regulations in the art and science of basic third-party
dog training and owner-training dogs with regard to
space, equipment, and methodologies.
(2) Participation of rural veterans.--In selecting a
medical center for the pilot program required under subsection
(a), the Secretary shall give special consideration to
Department of Veterans Affairs medical centers that are located
in States that the Secretary considers rural or highly rural.
(d) Design of Pilot Program.--In carrying out the pilot program,
the Secretary shall--
(1) administer the program through the Department of
Veterans Affairs Patient Care Services Office as a
collaborative effort between the Rehabilitation Office and the
Office of Mental Health Services;
(2) ensure that the national pilot program lead of the
Patient Care Services Office has sufficient administrative
experience to oversee the pilot program site;
(3) ensure that dogs selected are healthy and age- and
temperament-appropriate for use in the pilot program;
(4) consider dogs residing in animal shelters or foster
homes for participation in the program if such dogs meet the
service dog candidate selection under this subsection;
(5) ensure that each dog selected for the pilot program--
(A) is taught all basic commands and behaviors;
(B) undergoes public access training; and
(C) receives training specifically tailored to
address the mental health conditions or disabilities of
the veteran with whom the dog is paired;
(6) provide professional support for all training under the
pilot program; and
(7) provide or refer participants to business courses for
managing a service dog training business.
(e) Veteran Participation.--Veterans diagnosed with post-traumatic
stress disorder or another post-deployment mental health condition may
volunteer to participate in the pilot program.
(f) Hiring Preference.--In hiring service dog training instructors
for the pilot program, the Secretary shall give a preference to
veterans who have a post-traumatic stress disorder or other mental
health condition.
(g) Collection of Data.--
(1) In general.--The Secretary shall collect data on the
pilot program to determine the effectiveness of the pilot
program in positively affecting veterans with post-traumatic
stress disorder or other post-deployment mental health
condition symptoms and the feasibility and advisability of
expanding the pilot program to additional Department of
Veterans Affairs medical centers.
(2) Manner of collection.--Data described in paragraph (1)
shall be collected and analyzed using a scientific peer-
reviewed system, valid and reliable results-based research
methodologies, and instruments.
(h) Reports.--
(1) Annual reports.--
(A) In general.--Not later than one year after the
date of the commencement of the pilot program and
annually thereafter for the duration of the pilot
program, the Secretary shall submit to Congress a
report on the pilot program.
(B) Elements.--Each such report required by
subparagraph (A) shall include the following:
(i) The number of veterans participating in
the pilot program.
(ii) A description of the services carried
out by the Secretary under the pilot program.
(iii) The effects that participating in the
pilot program has on veterans with post-
traumatic stress disorder and post-deployment
adjustment symptoms.
(2) Final report.--At the conclusion of the pilot program,
the Secretary shall submit to Congress a final report that
includes recommendations with respect to the feasibility and
advisability of extending or expanding the pilot program. | Directs the Secretary of Veterans Affairs to commence a three-year pilot program to assess the feasibility and advisability of using service dog training activities as components of integrated post-deployment mental health and post-traumatic stress disorder (PTSD) rehabilitation programs at Department of Veterans Affairs (VA) medical centers to positively affect veterans with such symptoms and to produce specially trained service dogs for veterans. Requires the pilot program to be carried out at one VA medical center selected by the Secretary other than the VA health care system in Palo Alto, California. Makes veteran participation voluntary. Requires the Secretary to: (1) collect program data to determine its effectiveness, as well as the advisability of expanding the program to additional VA medical centers; and (2) report annually to Congress for the duration of the pilot program. | A bill to require the Secretary of Veterans Affairs to carry out a pilot program on service dog training therapy, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Low Income Housing Tax Credit
Recovery Act of 2010''.
SEC. 2. FIVE-YEAR CARRYBACK OF LOW-INCOME HOUSING CREDIT.
(a) In General.--Subsection (a) of section 39 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(4) 5-year carryback of low-income housing credit.--
``(A) In general.--In the case of an applicable
low-income housing credit (within the meaning of
section 38(c)(6)(C))--
``(i) this section shall be applied
separately from the business credit (other than
the low-income housing credit), and
``(ii) paragraph (1) shall be applied by
substituting `each of the 5 taxable years' for
`the taxable year' in subparagraph (A)
thereof.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2007, and to carrybacks
of credits from such taxable years.
SEC. 3. CARRYBACK OF NEW INVESTMENTS.
(a) In General.--Section 42(f) of the Internal Revenue Code of 1986
is amended by adding at the end the following new paragraph:
``(6) Special rule for certain investments in 2010 and
2011.--
``(A) In general.--In the case of a taxpayer who
enters into an agreement described in section
38(c)(6)(D)(i)(I) (without regard to the applicable
date), which satisfies the requirement of section
38(c)(6)(D)(i)(II), after December 31, 2009, and before
January 1, 2012, then solely for purposes of
determining the taxable year in which the low-income
housing credit under this section may be taken into
account for purposes of section 38, and the amount of
the credit so taken into account--
``(i) the preceding paragraphs of this
subsection shall not apply,
``(ii) the credit period with respect to
the housing credit dollar amount to be
allocated under such agreement shall be the 1
taxable year in which the taxpayer enters into
such agreement,
``(iii) subsections (b) and (c)(1) shall
not apply, and
``(iv) the amount of the credit under this
section which is taken into account in the
taxable year described in clause (ii) shall be
the housing credit dollar amount to be
allocated under such agreement.
``(B) Requirements of section unaffected.--Except
as provided in subparagraph (A), the provisions of this
section shall apply to any building to which an
agreement described in subparagraph (A) applies as if
such subparagraph had not been enacted.
``(C) Recapture of excess credit.--If, at the end
of the credit period with respect to any building
(without regard to subparagraph (A)), the amount of the
credit taken into account under subparagraph (A)(iv)
with respect to such building exceeds the total amount
of the credit which would have been allowed under this
section with respect to such building during such
credit period but for the application of subparagraph
(A), then the amount of such excess shall be recaptured
as if it were included in the credit recapture amount
under subsection (j).''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009.
SEC. 4. ALLOWING LOW-INCOME HOUSING CREDITS TO OFFSET 100 PERCENT OF
FEDERAL INCOME TAX LIABILITY.
(a) In General.--Subsection (c) of section 38 is amended by adding
at the end the following new paragraph:
``(6) Allowing low-income housing credit to offset 100
percent of federal income tax liability.--
``(A) In general.--In the case of applicable low-
income housing credits--
``(i) this section shall be applied
separately with respect to such credits,
``(ii) in applying paragraph (1) to such
credits--
``(I) the tentative minimum tax
shall be treated as being zero, and
``(II) the limitation under
paragraph (1) (as modified by subclause
(I)) shall be the net income tax (as
defined in paragraph (1)) reduced by
the credit allowed under subsection (a)
for the taxable year (other than the
applicable low-income housing credits),
and
``(iii) the excess credit for such taxable
year shall, solely for purposes of determining
the amount of such excess credit which may be
carried back to a preceding taxable year, be
increased by the amount of business credit
carryforwards which are carried to such taxable
year, to which this subparagraph applies, and
which are not allowed for such taxable year by
reason of the limitation under paragraph (1)
(as modified by clause (ii)).
``(B) Increase in limitation for taxable years to
which excess applicable low-income housing credits are
carried back.--
``(i) In general.--Solely for purposes of
determining the portion of any excess credit
described in subparagraph (A)(iii) for which
credit will be allowed under subsection (a)(3)
for any preceding taxable year, except as
provided in clause (ii), the limitation under
paragraph (1) for such preceding taxable year
shall be determined under rules similar to the
rules described in subparagraph (A).
``(ii) Ordering rule.--If the excess credit
described in subparagraph (A)(iii) includes
business credit carryforwards from preceding
taxable years, such excess credit shall be
treated as allowed for any preceding taxable
year on a first-in first-out basis.
``(C) Applicable low-income housing credits.--For
purposes of this subpart, the term `applicable low-
income housing credits' means the credit determined
under section 42--
``(i) to the extent attributable to
buildings placed in service after the date of
the enactment of this subparagraph, and
``(ii) in the case of any other buildings,
for taxable years beginning in 2008, 2009, and
2010 (and to business credit carryforwards with
respect to such buildings carried to such
taxable years) to the extent provided in
subparagraph (D).
``(D) Previously placed in service buildings.--
``(i) In general.--Subparagraph (C)(ii)
shall apply to such credits for such a taxable
year only--
``(I) if the taxpayer has entered
into a binding commitment to invest
equity not later than the applicable
date, with respect to an investment in
a future project (which is binding on
the taxpayer and all successors in
interest) which specifies the dollar
amount of such investment, and
``(II) to the extent such credits
do not exceed the dollar amount of such
proposed investment.
``(ii) Applicable date.--For purposes of
this subparagraph, the applicable date is--
``(I) in the case of taxable years
beginning in 2008 and 2009, September
15, 2010, or
``(II) in the case of a taxable
year beginning in 2010, the due date
(including extensions of time) for
filing the taxpayer's return for such
taxable year.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2007, and to carrybacks
of credits from such taxable years. | Low Income Housing Tax Credit Recovery Act of 2010 - Amends the Internal Revenue Code, with respect to the low-income housing tax credit, to allow: (1) a five-year carryback period for unused tax credit amounts; (2) an extended carryback period for new investments in housing in 2010 and 2011; and (3) a full offset of such credit against regular income tax liability. | A bill to amend the Internal Revenue Code of 1986 to provide special rules for treatment of low-income housing credits, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Verifying Electronically the Receipt
of In-Home Care For Individuals Act'' or the ``VERIFI Act''.
SEC. 2. REQUIREMENT THAT MEDICARE HOME HEALTH AGENCIES HAVE IN PLACE AN
ELECTRONIC VISIT VERIFICATION SYSTEM.
(a) Condition of Participation.--Section 1891(a) of the Social
Security Act (42 U.S.C. 1395bbb(a)) is amended by adding at the end the
following new paragraph:
``(7)(A) In the case of home health services furnished on
or after January 1, 2018, the agency has in place an electronic
visit verification system that meets standards established by
the Secretary.
``(B) In this paragraph, the term `electronic visit
verification system' means a system under which visits
conducted as part of home health services furnished by a home
health agency are electronically verified by the agency with
respect to--
``(i) the type of service performed;
``(ii) the individual receiving the service;
``(iii) the date of the service;
``(iv) the location of the service is furnished;
``(v) the individual furnishing the service; and
``(vi) the time the service begins and ends.
``(C) By not later than July 1, 2017, the Secretary shall
establish standards for electronic visit verification systems.
In establishing such standards, the Secretary shall consult
with home health agencies to ensure that such standards--
``(i) are minimally burdensome;
``(ii) take into account existing best practices
and electronic visit verification systems in use; and
``(iii) require that the systems are conducted in
accordance with the requirements of HIPAA privacy and
security law (as defined in section 3009 of the Public
Health Service Act).''.
(b) Rules of Construction.--
(1) No employer-employee relationship established.--Nothing
in the amendment made by this section may be construed as
establishing an employer-employee relationship between the home
health agency and the individuals who, under a contract with
such an agency, furnish such services for purposes of part 552
of title 29, Code of Federal Regulations (or any successor
regulations).
(2) No particular or uniform electronic visit verification
system required.--Nothing in the amendment made by this section
shall be construed to require the use of a particular or
uniform electronic visit verification system (as defined in
paragraph (7)(B) of section 1891(a) of the Social Security Act
(42 U.S.C. 1395bbb(a)), as added by subsection (a)) by all
agencies that furnish home health services under title XVIII of
such Act.
(3) No limits on provision of care.--Nothing in the
amendment made by this section may be construed to limit, with
respect to home health services furnished under title XVIII of
the Social Security Act, provider selection, constrain
beneficiaries' selection of a caregiver, or impede the manner
in which care is furnished.
SEC. 3. ELECTRONIC VISIT VERIFICATION SYSTEM REQUIRED FOR PERSONAL CARE
SERVICES AND HOME HEALTH CARE SERVICES UNDER MEDICAID.
(a) In General.--Section 1903 of the Social Security Act (42 U.S.C.
1396b) is amended by inserting after subsection (k) the following new
subsection:
``(l)(1) Subject to paragraph (3), with respect to any amount
expended for medical assistance for personal care services or home
health care services provided under a State plan under this title (or
under a waiver of the plan) furnished in a calendar quarter beginning
on or after January 1, 2019, unless a State requires the use of an
electronic visit verification system for both personal care services
and home health care services furnished in such quarter under the plan
or such waiver, the Federal medical assistance percentage shall be
reduced--
``(A) for calendar quarters in 2019 and 2020, by .25
percentage points;
``(B) for calendar quarters in 2021, by .5 percentage
points;
``(C) for calendar quarters in 2022, by .75 percentage
points; and
``(D) for calendar quarters in 2023 and each year
thereafter, by 1 percentage point.
``(2) Subject to paragraph (3), in implementing the requirement for
the use of an electronic visit verification system under paragraph (1),
a State shall consult with agencies and entities that provide personal
care services, home health care services, or both under the State plan
(or under a waiver of the plan) to ensure that such system--
``(A) is minimally burdensome;
``(B) takes into account existing best practices and
electronic visit verification systems in use in the State; and
``(C) is conducted in accordance with the requirements of
HIPAA privacy and security law (as defined in section 3009 of
the Public Health Service Act).
``(3) Paragraphs (1) and (2) shall not apply in the case of a State
that, as of the date of the enactment of this subsection, requires the
use of any system for the electronic verification of visits conducted
as part of both personal care services or home health care services.
``(4) In this subsection:
``(A) The term `electronic visit verification system'
means, with respect to personal care services or home health
care services, a system under which visits conducted as part of
such services are electronically verified with respect to--
``(i) the type of service performed;
``(ii) the individual receiving the service;
``(iii) the date of the service;
``(iv) the location of service delivery;
``(v) the individual providing the service; and
``(vi) the time the service begins and ends.
``(B) The term `home health care services' means services
described in section 1905(a)(7) provided under a State plan
under this title (or under a waiver of the plan).
``(C) The term `personal care services' means personal care
services provided under a State plan under this title (or under
a waiver of the plan), including services provided under
section 1905(a)(24), 1915(c), 1915(i), 1915(j), or 1915(k) or
under a waiver under section 1115.''.
(b) Rules of Construction.--
(1) No employer-employee relationship established.--Nothing
in the amendment made by this section may be construed as
establishing an employer-employee relationship between the
agency or entity that provides for personal care services or
home health care services and the individuals who, under a
contract with such an agency or entity, furnish such services
for purposes of part 552 of title 29, Code of Federal
Regulations (or any successor regulations).
(2) No particular or uniform electronic visit verification
system required.--Nothing in the amendment made by this section
shall be construed to require the use of a particular or
uniform electronic visit verification system (as defined in
subsection (l)(4) of section 1903 of the Social Security Act
(42 U.S.C. 1396b), as inserted by subsection (a)) by all
agencies or entities that provide personal care services or
home health care services under a State plan under title XIX of
the Social Security Act (or under a waiver of the plan).
(3) No limits on provision of care.--Nothing in the
amendment made by this section may be construed to limit, with
respect to personal care services or home health care services
provided under a State plan under title XIX of the Social
Security Act (or under a waiver of the plan), provider
selection, constrain beneficiaries' selection of a caregiver,
or impede the manner in which care is delivered. | Verifying Electronically the Receipt of In-Home Care For Individuals Act or the VERIFI Act This bill amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require the use of electronic visit verification systems for certain services under the Medicare and Medicaid programs. An "electronic visit verification system" is a system under which care-related visits are electronically verified with regard to: (1) the type and date of service, (2) the individual receiving the service, (3) the individual providing the service, (4) the location of service delivery, and (5) the time the service begins and ends. With respect to the Medicare program, a home health agency must have such a system in place for home health services as a condition of participation. In the case of a state Medicaid program that does not require the use of such a system for both personal care services and home health services, the federal medical assistance percentage for medical assistance expended on such services shall be reduced beginning in 2019. These reductions increase incrementally from 0.25% to 1.00% through 2023. With respect to the Medicare program, the Centers for Medicare & Medicaid Services shall establish standards for the systems and must consult with agencies to ensure that such standards: (1) are minimally burdensome, (2) account for existing best practices and electronic visit verifications systems already in use, and (3) require that the systems are conducted in accordance with specified legal requirements related to privacy and security. In regard to a state Medicaid program, a state shall do the same. | VERIFI Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Evidence-Based Policymaking
Commission Act of 2014''.
SEC. 2. ESTABLISHMENT.
There is established in the executive branch a commission to be
known as the ``Commission on Evidence-Based Policymaking'' (in this Act
referred to as the ``Commission'').
SEC. 3. MEMBERS OF THE COMMISSION.
(a) Number and Appointment.--The Commission shall be comprised of
15 members as follows:
(1) Three shall be appointed by the President, of whom--
(A) 1 shall be an academic researcher, data expert,
or have experience in program administration;
(B) 1 shall have expertise in database management,
confidentiality, and privacy matters; and
(C) 1 shall be the Director of the Office of
Management and Budget (or the Director's designee).
(2) Three shall be appointed by the Speaker of the House of
Representatives, of whom--
(A) 2 shall be academic researchers, data experts,
or have experience in program administration; and
(B) 1 shall have expertise in database management,
confidentiality, and privacy matters.
(3) Three shall be appointed by the Minority Leader of the
House of Representatives, of whom--
(A) 2 shall be academic researchers, data experts,
or have experience in program administration; and
(B) 1 shall have expertise in database management,
confidentiality, and privacy matters.
(4) Three shall be appointed by the Majority Leader of the
Senate, of whom--
(A) 2 shall be academic researchers, data experts,
or have experience in program administration; and
(B) 1 shall have expertise in database management,
confidentiality, and privacy matters.
(5) Three shall be appointed by the Minority Leader of the
Senate, of whom--
(A) 2 shall be academic researchers, data experts,
or have experience in program administration; and
(B) 1 shall have expertise in database management,
confidentiality, and privacy matters.
(b) Expertise.--In making appointments under this section,
consideration should be given to individuals with expertise in
economics, statistics, program evaluation, data security,
confidentiality, or database management.
(c) Chairperson and Co-Chairperson.--The President shall select the
chairperson of the Commission and the Speaker of the House of
Representatives shall select the co-chairperson.
(d) Timing of Appointments.--Appointments to the Commission shall
be made not later than 45 days after the date of enactment of this Act.
(e) Terms; Vacancies.--Each member shall be appointed for the
duration of the Commission. Any vacancy in the Commission shall not
affect its powers, and shall be filled in the manner in which the
original appointment was made.
(f) Compensation.--Members of the Commission shall serve without
pay.
(g) Travel Expenses.--Each member 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.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Study of Data.--The Commission shall conduct a comprehensive
study of the data inventory, data infrastructure, and statistical
protocols related to Federal policymaking and the statistical and
programmatic agencies responsible for maintaining that data to--
(1) determine the optimal arrangement for which
administrative data on Federal programs and tax expenditures
and related data series may be integrated and made available to
facilitate program evaluation, policy-relevant research, and
cost-benefit analyses by qualified researchers and
institutions;
(2) make recommendations on how data infrastructure and
protocols should be modified to best fulfill the objectives
identified in paragraph (1); and
(3) make recommendations on how best to incorporate
outcomes measurement, institutionalize randomized controlled
trials, and rigorous impact analysis into program design.
(b) Clearinghouse.--In undertaking the study required by subsection
(a), the Commission shall consider if and how to create a clearinghouse
for program and survey data, which shall include evaluation of--
(1) what administrative datasets that are relevant for
program evaluation and Federal policy-making should be included
in a potential clearinghouse;
(2) which survey datasets the administrative datasets
identified in paragraph (1) may be linked to, in addition to
linkages across administrative data series;
(3) what are the legal and administrative barriers to
including or linking these data series;
(4) what data-sharing infrastructure should be used to
facilitate data merging and access for research purposes;
(5) how a clearinghouse could be self-funded;
(6) which types of qualified researchers, officials, and
institutions should have access to data;
(7) what limitations should be placed on the use of data
provided;
(8) how to protect information and ensure individual
privacy and confidentiality;
(9) how the data and results of research can be used to
inform program administrators and policymakers to improve
program design; and
(10) what incentives may facilitate interagency sharing of
information to improve programmatic effectiveness and enhance
data accuracy and comprehensiveness.
(c) Report.--Upon the affirmative vote of at least three-quarters
of the members of the Commission, the Commission shall submit to the
President and Congress a detailed statement of its findings and
conclusions as a result of the study required by subsection (a),
together with its recommendations for such legislation or
administrative actions as the Commission considers appropriate in light
of the results of the study.
(d) Deadline.--The report under subsection (c) shall be submitted
not later than the date that is 15 months after the date a majority of
the members of the Commission are appointed pursuant to section 3.
(e) Definition.--In this section, the term ``administrative data''
means information, in whatever form, generated or collected by an
agency in carrying out a Federal program, including any customer
service measure, efficiency measure, milestone, outcome measure, or
performance indicator, as those terms are defined in section 1115(h) of
title 31, United States Code.
SEC. 5. OPERATION AND POWERS OF THE COMMISSION.
(a) Administrative Assistance.--The heads of the following agencies
shall advise and consult with the Commission on matters within their
respective areas of responsibility:
(1) The Office of Management and Budget.
(2) The Bureau of the Census.
(3) The Internal Revenue Service.
(4) The Bureau of Economic Analysis.
(5) The Bureau of Labor Statistics.
(6) The Department of Health and Human Services.
(7) The Department of Agriculture.
(8) The Department of Housing and Urban Development.
(9) The Social Security Administration.
(10) The Department of Education.
(11) The Department of Justice.
(12) Any other agency, as determined by the Commission.
(b) Meetings.--The Commission shall meet not later than 30 days
after the date upon which a majority of its members have been appointed
and at such times thereafter as the chairperson or co-chairperson shall
determine.
(c) Rules of Procedure.--The chairperson and co-chairperson shall,
with the approval of a majority of the members of the Commission,
establish written rules of procedure for the Commission, which shall
include a quorum requirement to conduct the business of the Commission.
(d) Hearings.--The Commission may, for the purpose of carrying out
this Act, hold hearings, sit and act at times and places, take
testimony, and receive evidence as the Commission considers
appropriate.
(e) Contracts.--Subject to the availability of appropriations, the
Commission may contract with and compensate government and private
agencies or persons for any purpose necessary to enable it to carry out
this Act.
(f) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other agencies of the
Federal Government.
(g) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(h) Census Bureau and NAPA.--Subject to the availability of
appropriations, the Director of the Census shall contract with the
National Academy of Public Administration to administer the Commission.
(i) Funding.--
(1) In general.--Subject to the availability of
appropriations, at the request of the Director of the Census,
the principal statistical agencies shall provide funds, in a
total amount not to exceed $2,000,000, to the Director for
purposes of funding the operations of the Commission.
(2) Definition.--In this subsection, the term ``principal
statistical agency'' has the meaning given that term in the
report, published by the Office of Management and Budget,
entitled ``Statistical Programs of the United States
Government, Fiscal Year 2014''.
SEC. 6. PERSONNEL.
(a) Director.--The Commission shall have a Director who shall be
appointed by the chairperson with the concurrence of the co-
chairperson. The Director shall be paid at a rate of pay established by
the chairperson and co-chairperson, not to exceed the annual rate of
basic pay payable for level V of the Executive Schedule (section 5316
of title 5, United States Code).
(b) Staff.--The Director may appoint and fix the pay of additional
staff as the Director considers appropriate.
(c) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not to exceed the daily
equivalent of the annual rate of basic pay for a comparable position
paid under the General Schedule.
SEC. 7. TERMINATION.
The Commission shall terminate not later than 18 months after the
date of enactment of this Act. | Evidence-Based Policymaking Commission Act of 2014 - Establishes in the executive branch a Commission on Evidence-Based Policymaking. Directs the Commission to conduct a comprehensive study of the data inventory, data infrastructure, and statistical protocols related to federal policymaking and the statistical and programmatic agencies responsible for maintaining that data to: determine the optimal arrangement for which administrative data on federal programs and tax expenditures and related data series may be integrated and made available to facilitate program evaluation, policy-relevant research, and cost-benefit analyses by qualified researchers and institutions; make recommendations on how data infrastructure and protocols should be modified to best fulfill those objectives; and make recommendations on how best to incorporate outcomes measurement, institutionalize randomized controlled trials, and rigorous impact analysis into program design. Requires the Commission to consider if and how to create a clearinghouse for program and survey data. Terminates the Commission not later than 18 months after enactment of this Act. | Evidence-Based Policymaking Commission Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Anti-Corruption and
Good Governance Act of 2000''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Widespread corruption endangers the stability and
security of societies, undermines democracy, and jeopardizes
the social, political, and economic development of a society.
(2) Corruption facilitates criminal activities, such as
money laundering, hinders economic development, inflates the
costs of doing business, and undermines the legitimacy of the
government and public trust.
(3) In January 1997 the United Nations General Assembly
adopted a resolution urging member states to carefully consider
the problems posed by the international aspects of corrupt
practices and to study appropriate legislative and regulatory
measures to ensure the transparency and integrity of financial
systems.
(4) The United States was the first country to criminalize
international bribery through the enactment of the Foreign
Corrupt Practices Act of 1977 and United States leadership was
instrumental in the passage of the Organization for Economic
Cooperation and Development (OECD) Convention on Combatting
Bribery of Foreign Public Officials in International Business
Transactions.
(5) The Vice President, at the Global Forum on Fighting
Corruption in 1999, declared corruption to be a direct threat
to the rule of law and the Secretary of State declared
corruption to be a matter of profound political and social
consequence for our efforts to strengthen democratic
governments.
(6) The Secretary of State, at the Inter-American
Development Bank's annual meeting in March 2000, declared that
despite certain economic achievements, democracy is being
threatened as citizens grow weary of the corruption and
favoritism of their official institutions and that efforts must
be made to improve governance if respect for democratic
institutions is to be regained.
(7) In May 1996 the Organization of American States (OAS)
adopted the Inter-American Convention Against Corruption
requiring countries to provide various forms of international
cooperation and assistance to facilitate the prevention,
investigation, and prosecution of acts of corruption.
(8) Independent media, committed to fighting corruption and
trained in investigative journalism techniques, can both
educate the public on the costs of corruption and act as a
deterrent against corrupt officials.
(9) Competent and independent judiciary, founded on a
merit-based selection process and trained to enforce contracts
and protect property rights, is critical for creating a
predictable and consistent environment for transparency in
legal procedures.
(10) Independent and accountable legislatures, responsive
political parties, and transparent electoral processes, in
conjunction with professional, accountable, and transparent
financial management and procurement policies and procedures,
are essential to the promotion of good governance and to the
combat of corruption.
(11) Transparent business frameworks, including modern
commercial codes and intellectual property rights, are vital to
enhancing economic growth and decreasing corruption at all
levels of society.
(12) The United States should attempt to improve
accountability in foreign countries, including by--
(A) promoting transparency and accountability
through support for independent media, promoting
financial disclosure by public officials, political
parties, and candidates for public office, open
budgeting processes, adequate and effective internal
control systems, suitable financial management systems,
and financial and compliance reporting;
(B) supporting the establishment of audit offices,
inspectors general offices, third party monitoring of
government procurement processes, and anti-corruption
agencies;
(C) promoting responsive, transparent, and
accountable legislatures that ensure legislative
oversight and whistle-blower protection;
(D) promoting judicial reforms that criminalize
corruption and promoting law enforcement that
prosecutes corruption;
(E) fostering business practices that promote
transparent, ethical, and competitive behavior in the
private sector through the development of an effective
legal framework for commerce, including anti-bribery
laws, commercial codes that incorporate international
standards for business practices, and protection of
intellectual property rights; and
(F) promoting free and fair national, state, and
local elections.
(b) Purpose.--The purpose of this Act is to ensure that United
States assistance programs promote good governance by assisting other
countries to combat corruption throughout society and to improve
transparency and accountability at all levels of government and
throughout the private sector.
SEC. 3. DEVELOPMENT ASSISTANCE POLICIES.
(a) General Policy.--Section 101(a) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2151(a)) is amended in the fifth sentence--
(1) by striking ``four'' and inserting ``five'';
(2) in paragraph (3), by striking ``and'' at the end;
(3) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(5) the promotion of good governance through combating
corruption and improving transparency and accountability.'' .
(b) Development Assistance Policy.--Paragraph (4) of the third
sentence of section 102(b) of the Foreign Assistance Act of 1961 (22
U.S.C. 2151-1(b)) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(G) progress in combating corruption and
improving transparency and accountability in the public
and private sector.''.
SEC. 4. DEPARTMENT OF THE TREASURY TECHNICAL ASSISTANCE PROGRAM FOR
DEVELOPING COUNTRIES.
Section 129(b) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151aa(b)) is amended by adding at the end the following:
``(3) Emphasis on anti-corruption.--Such technical
assistance shall include elements designed to combat anti-
competitive, unethical and corrupt activities, including
protection against actions that may distort or inhibit
transparency in market mechanisms and, to the extent
applicable, privatization procedures.''.
SEC. 5. AUTHORIZATION OF GOOD GOVERNANCE PROGRAMS.
(a) In General.--Chapter 1 of part I of the Foreign Assistance Act
of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the
following:
``SEC. 131. PROGRAMS TO ENCOURAGE GOOD GOVERNANCE.
``(a) Establishment of Programs.--
``(1) In general.--The President is authorized to establish
programs that combat corruption, improve transparency and
accountability, and promote other forms of good governance in
countries described in paragraph (2).
``(2) Countries described.--A country described in this
paragraph is a country that is eligible to receive assistance
under this part (including chapter 4 of part II of this Act) or
the Support for East European Democracy (SEED) Act of 1989.
``(3) Priority.--In carrying out paragraph (1), the
President shall give priority to establishing programs in
countries that received a significant amount of United States
foreign assistance for the prior fiscal year, or in which the
United States has a significant economic interest, and that
continue to have the most persistent problems with public and
private corruption. In determining which countries have the
most persistent problems with public and private corruption
under the preceding sentence, the President shall take into
account criteria such as the Transparency International Annual
Corruption Perceptions Index, standards and codes set forth by
the International Bank for Reconstruction and Development and
the International Monetary Fund, and other relevant criteria.
``(4) Requirement.--Assistance provided for countries under
programs established pursuant to paragraph (1) may be made
available notwithstanding any other provision of law that
restricts assistance to foreign countries (other than section
620A of this Act or any other comparable provision of law).
``(b) Specific Projects and Activities.--The programs established
pursuant to subsection (a) shall include, to the extent appropriate,
projects and activities that--
``(1) support responsible independent media to promote
oversight of public and private institutions;
``(2) implement financial disclosure among public
officials, political parties, and candidates for public office,
open budgeting processes, and transparent financial management
systems;
``(3) support the establishment of audit offices,
inspectors general offices, third party monitoring of
government procurement processes, and anti-corruption agencies;
``(4) promote responsive, transparent, and accountable
legislatures that ensure legislative oversight and whistle-
blower protection;
``(5) promote legal and judicial reforms that criminalize
corruption and law enforcement reforms and development that
encourage prosecutions of criminal corruption;
``(6) assist in the development of a legal framework for
commercial transactions that fosters business practices that
promote transparent, ethical, and competitive behavior in the
economic sector, such as commercial codes that incorporate
international standards and protection of intellectual property
rights;
``(7) promote free and fair national, state, and local
elections;
``(8) foster public participation in the legislative
process and public access to government information; and
``(9) engage civil society in the fight against corruption.
``(c) Conduct of Projects and Activities.--Projects and activities
under the programs established pursuant to subsection (a) may include,
among other things, training and technical assistance (including
drafting of anti-corruption, privatization, and competitive statutory
and administrative codes), drafting of anti-corruption, privatization,
and competitive statutory and administrative codes, support for
independent media and publications, financing of the program and
operating costs of nongovernmental organizations that carry out such
projects or activities, and assistance for travel of individuals to the
United States and other countries for such projects and activities.
``(d) Annual Report.--
``(1) In general.--The President shall prepare and transmit
to the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate an annual report on--
``(A) projects and activities carried out under
programs established under subsection (a) for the prior
year in priority countries identified pursuant to
subsection (a)(3); and
``(B) projects and activities carried out under
programs to combat corruption, improve transparency and
accountability, and promote other forms of good
governance established under other provisions of law
for the prior year in such countries.
``(2) Required contents.--The report required by paragraph
(1) shall contain the following information with respect to
each country described in paragraph (1):
``(A) A description of all United States
Government-funded programs and initiatives to combat
corruption and improve transparency and accountability
in the country.
``(B) A description of United States diplomatic
efforts to combat corruption and improve transparency
and accountability in the country.
``(C) An analysis of major actions taken by the
government of the country to combat corruption and
improve transparency and accountability in the country.
``(e) Funding.--Amounts made available to carry out the other
provisions of this part (including chapter 4 of part II of this Act)
and the Support for East European Democracy (SEED) Act of 1989 shall be
made available to carry out this section.''.
(b) Deadline for Initial Report.--The initial annual report
required by section 131(d)(1) of the Foreign Assistance Act of 1961, as
added by subsection (a), shall be transmitted not later than 180 days
after the date of the enactment of this Act.
Passed the House of Representatives July 25, 2000.
Attest:
Jeff Trandahl
Clerk. | Amends the Foreign Assistance Act of 1961 to require technical assistance provided by a certain program to foreign governments and foreign central banks of developing or transitional countries also to include elements designed to combat anti-competitive, unethical, and corrupt activities, including protection against actions that may distort or inhibit transparency in market mechanisms and, to the extent applicable, privatization procedures.
Authorizes the President to establish programs that combat corruption, improve transparency and accountability, and promote other forms of good governance in developing countries or countries eligible to receive assistance under the Support for East European Democracy (SEED) Act of 1989. Requires the President to give priority to establishing programs in countries that received a significant amount of U.S. foreign assistance for the prior fiscal year, or in which the United States has a significant economic interest, and that continue to have the most persistent problems with public and private corruption. Requires the President to report to specified congressional committees with respect to such programs. Authorizes appropriations. | International Anti-Corruption and Good Governance Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Durbin-Kennedy Empire State Building
Counter-Terrorism Act of 1997.''
SEC. 2. FIREARMS.
Section 922 of title 18, United States Code, is amended--
(1) in subsection (d), by striking paragraph (5) and
inserting the following:
``(5) who, being an alien--
``(A) is illegally or unlawfully in the United
States; or
``(B) except as provided in subsection (y)(2), has
been admitted to the United States under a nonimmigrant
visa (as that term is defined in section 101(a)(26) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(26));'';
(2) in subsection (g), by striking paragraph (5) and
inserting the following:
``(5) who, being an alien--
``(A) is illegally or unlawfully in the United
States; or
``(B) except as provided in subsection (y)(2), has
been admitted to the United States under a nonimmigrant
visa (as that term is defined in section 101(a)(26) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(26));'';
(3) in subsection (s)(3)(B), by striking clause (v) and
inserting the following:
``(v) is not an alien who--
``(I) is illegally or unlawfully in the
United States; or
``(II) subject to subsection (y)(2), has
been admitted to the United States under a
nonimmigrant visa (as that term is defined in
section 101(a)(26) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(26));''; and
(4) by inserting after subsection (x) the following:
``(y) Provisions Relating to Aliens Admitted Under Nonimmigrant
Visas.--
``(1) Definitions.--In this subsection--
``(A) the term `alien' has the same meaning as in
section 101(a)(3) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(3)); and
``(B) the term `nonimmigrant visa' has the same
meaning as in section 101(a)(26) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(26)); and
``(2) Exceptions.--
``(A) In general.--Subsections (d)(5)(B),
(g)(5)(B), and (s)(3)(B)(v)(II) do not apply to any
alien who has been lawfully admitted to the United
States under a nonimmigrant visa, if that alien is--
``(i) admitted to the United States for
lawful hunting or sporting purposes;
``(ii) an official representative of a
foreign government who is--
``(I) accredited to the United
States Government or the government's
mission to an international
organization having its headquarters in
the United States; or
``(II) en route to or from another
country to which that alien is
accredited;
``(iii) an official of a foreign government
or a distinguished foreign visitor who has been
so designated by the Department of State; or
``(iv) a foreign law enforcement officer of
a friendly foreign government entering the
United States on official law enforcement
business.
``(3) Waiver.--
``(A) Conditions for waiver.--Any individual who
has been admitted to the United States under a
nonimmigrant visa may receive a waiver from the
requirements of subsection (g)(5), if--
``(i) the individual submits to the
Attorney General a petition that meets the
requirements of subparagraph (C); and
``(ii) the Attorney General approves the
petition.
``(B) Petition.--Each petition under subparagraph
(B) shall--
``(i) demonstrate that the petitioner has
resided in the United States for a continuous
period of not less than 180 days before the
date on which the petition is submitted under
this paragraph; and
``(ii) include a written statement from the
embassy or consulate of the petitioner,
authorizing the petitioner to acquire a firearm
or ammunition and certifying that the alien
would not, absent the application of subsection
(g)(5)(B), otherwise be prohibited from such
acquisition under subsection (g).
``(C) Approval of petition.--The Attorney General
shall approve a petition submitted in accordance with
this paragraph, if the Attorney General determines that
waiving the requirements of subsection (g)(5)(B) with
respect to the petitioner--
``(i) would be in the interests of justice;
and
``(ii) would not jeopardize the public
safety.''. | Durbin-Kennedy Empire State Building Counter-Terrorism Act of 1997 - Amends the Brady Handgun Violence Prevention Act to prohibit the disposition of a firearm or ammunition to, and the possession of a firearm or ammunition by, an alien who has been admitted to the United States under a nonimmigrant visa.
Requires the statement required from a firearms transferee to contain a statement that the transferee is not an alien who has been admitted to the United States under a nonimmigrant visa.
Sets forth provisions regarding: (1) exceptions for aliens admitted to the United States for lawful hunting or sporting purposes and for certain official government representatives, officials, distinguished foreign visitors, and foreign law enforcement officers; and (2) waivers. | Durbin-Kennedy Empire State Building Counter-Terrorism Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pediatric Diabetes Research and
Prevention Act''.
SEC. 2. PROGRAMS REGARDING DIABETES IN CHILDREN AND YOUTH.
(a) National Registry on Juvenile Diabetes.--The Secretary of
Health and Human Services (in this section referred to as the
``Secretary''), acting through the Director of the Centers for Disease
Control and Prevention, shall develop a system to collect data on
juvenile diabetes, including with respect to incidence and prevalence,
and shall establish a national database for such data.
(b) Long-Term Epidemiology Studies on Juvenile Diabetes.--
(1) In general.--The Secretary, acting through the Director
of the National Institutes of Health, shall conduct or support
long-term epidemiology studies in which individuals with type
1, or juvenile, diabetes are followed for 10 years or more.
Such studies shall, in order to provide a valuable resource for
the purposes specified in paragraph (2), provide for complete
characterization of disease manifestations, appropriate medical
history, elucidation of environmental factors, delineation of
complications, results of usual medical treatment and a variety
of other potential valuable (such as samples of blood).
(2) Purposes.--The purposes referred to in paragraph (1)
with respect to type 1 diabetes are the following:
(A) Delineation of potential environmental triggers
thought precipitating or causing type 1 diabetes.
(B) Delineation of those clinical characteristics
or lab measures associated with complications of the
disease.
(C) Potential study population to enter into
clinical trials for prevention and treatment, as well
as genetic studies.
(c) Type 2 Diabetes in Youth.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, shall
implement a national public health effort to address type 2 diabetes in
youth, including--
(1) enhancing surveillance systems and expanding research
to better assess the prevalence of type 2 diabetes in youth and
determine the extent to which type 2 diabetes is incorrectly
diagnosed as type 1 diabetes among children; and
(2) assisting States in establishing coordinated school
health programs and physical activity and nutrition
demonstration programs to control weight and increase physical
activity among youth.
(d) Clinical Trial Infrastructure/Innovative Treatments for
Juvenile Diabetes.--The Secretary, acting through the Director of the
National Institutes of Health, shall support regional clinical centers
for the cure of juvenile diabetes and shall through such centers
provide for--
(1) well-characterized population of children appropriate
for study;
(2) well-trained clinical scientists able to conduct such
trials;
(3) appropriate clinical settings able to house such
studies; and
(4) appropriate statistical capability, data, safety and
other monitoring capacity.
(e) Development of Vaccine.--The Secretary, acting through the
appropriate agencies of the Public Health Service, shall provide for a
national effort to develop a vaccine for type 1 diabetes. Such effort
shall provide for a combination of increased efforts in research and
development of candidate vaccines, coupled with appropriate ability to
conduct large clinical trials in children.
(f) Loan Repayment Program.--Part G of title IV of the Public
Health Service Act (42 U.S.C. 288 et seq.) is amended by inserting
after section 487E the following section:
``loan repayment program for research on diabetes in children
``Sec. 487F. (a) In General.--The Secretary, in consultation with
the Director of the National Institute of Diabetes and Digestive and
Kidney Diseases, shall establish a program of entering into contracts
with qualified health professionals (including graduate students) under
which such health professionals agree to conduct research regarding
diabetes in children in consideration of the Federal Government
agreeing to repay, for each year of such service, not more than $35,000
of the principal and interest of the educational loans of such health
professionals.
``(b) Adjustments Regarding Cost of Living.--With respect to the
limitation established in subsection (a) on the annual amount of
repayment that may be made, the Secretary may make such periodic
adjustments to the limitation to reflect increases in the cost of
living as the Secretary deems necessary.
``(c) Applicability of Certain Provisions.--With respect to the
National Health Service Corps Loan Repayment Program established in
subpart III of part D of title III, the provisions of such subpart
shall, except as inconsistent with subsection (a) of this section,
apply to the program established in such subsection (a) in the same
manner and to the same extent as such provisions apply to the National
Health Service Corps Loan Repayment Program established in such
subpart.
``(d) Definition.--For purposes of this section, the term `diabetes
in children' includes Type 1 diabetes in children and Type 2 diabetes
in children.
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2001 through 2005.
Amounts available for carrying out this section shall remain available
until the expiration of the second fiscal year beginning after the
fiscal year for which the amounts were made available.''.
(g) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2001 through 2004. | Directs the Secretary, acting through the Director of the National Institutes of Health, to conduct or support long-term epidemiology studies in which individuals with type 1, or juvenile, diabetes are followed for 10 years or more.
Authorizes appropriations. | Pediatric Diabetes Research and Prevention Act |
SECTION 1. ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch the United States
Commission on Planetary Defense (in this Act referred to as the
``Commission'').
SEC. 2. PURPOSES.
The purposes of the Commission are to--
(1) determine capabilities of United States Government
entities, nongovernment organizations, foreign governments and
entities, and international bodies to detect, characterize, and
neutralize potentially dangerous Near Earth Objects (in this
Act referred to as ``NEOs'');
(2) identify and evaluate roles and responsibilities of
United States Government entities to detect, characterize, and
neutralize potentially dangerous NEOs;
(3) determine United States effectiveness in leading
international efforts to detect, characterize, and neutralize
potentially dangerous NEOs;
(4) build upon United States Government and foreign
analyses, studies, and assessments, without duplicating
efforts, to determine current and required NEO characterization
and mitigation capabilities;
(5) identify and report on technology development required
to provide effective planetary defense from dangerous NEOs; and
(6) investigate and report to the President and Congress on
its findings, conclusions, and recommendations for corrective
measures that can be taken to provide planetary defense.
SEC. 3. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 7 members, of
whom--
(1) 1 member shall be appointed by the Chairman of the
Committee on Science and Technology of the House of
Representatives, who shall serve as chairman of the Commission;
(2) 1 member shall be appointed by the Chairman of the
Committee on Commerce, Science, and Transportation of the
Senate, who shall serve as vice chairman of the Commission;
(3) 1 member shall be appointed by the Chairman of the
Committee on Science and Technology of the House of
Representatives;
(4) 2 members shall be appointed by the Ranking Minority
Member of the Committee on Science and Technology of the House
of Representatives;
(5) 1 member shall be appointed by the Chairman of the
Committee on Commerce, Science, and Transportation of the
Senate; and
(6) 1 member shall be appointed by the Ranking Minority
Member of the Committee on Commerce, Science, and
Transportation of the Senate.
(b) Qualifications; Initial Meeting.--
(1) Nongovernmental appointees.--An individual appointed to
the Commission may be an officer or employee of the Federal
Government or any State or local government.
(2) Other qualifications.--Individuals appointed to the
Commission shall be prominent United States citizens, with
national recognition and significant depth of experience in
astronomy, geology, physics, nuclear weapons systems, space
systems, advanced technology, foreign affairs, or other
relevant disciplines.
(3) Deadline for appointment.--All members of the
Commission shall be appointed on or before [_____, 2010].
(4) Initial meeting.--The Commission shall meet and begin
the operations of the Commission as soon as practicable.
(c) Quorum; Vacancies.--After its initial meeting, the Commission
shall meet upon the call of the chairman or a majority of its members.
Four members of the Commission shall constitute a quorum. Any vacancy
in the Commission shall not affect its powers, but shall be filled in
the same manner in which the original appointment was made.
SEC. 4. FUNCTIONS OF COMMISSION.
(a) In General.--The functions of the Commission are as follows:
(1) Identify, review, and evaluate the structure,
coordination, management policies, and procedures of the
Federal Government, and, as appropriate, international bodies,
and nongovernmental entities, relative to detecting,
characterizing, mitigating, and over all response efforts to
dangerous NEOs.
(2) Assess United States and foreign technology readiness
levels required to provide effective planetary defense and make
recommendations to develop required technologies, including NEO
detection and characterization systems, spacecraft, propulsion
systems, nuclear devices, high order explosive systems,
modeling and simulation capabilities, and laser systems.
(3) Submit to the President and Congress such reports as
are required by this Act containing such findings, conclusions,
and recommendations as the Commission shall determine,
including proposing organization, coordination, planning,
management arrangements, procedures, rules, and regulations.
SEC. 5. POWERS OF COMMISSION.
(a) In General.--
(1) Hearings and evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this Act--
(A) hold such hearings and sit and act at such
times and places, take such testimony, receive such
evidence, and administer such oaths.
(b) Contracting.--The Commission may, to such extent and in such
amounts as are provided in appropriation Acts, enter into contracts to
enable the Commission to discharge its duties under this Act.
(c) Information From Federal Agencies.--
(1) In general.--The Commission is authorized to secure
directly from any executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Government, information, suggestions,
estimates, and statistics for the purposes of this Act. Each
department, bureau, agency, board, commission, office,
independent establishment, or instrumentality shall, to the
extent authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request made by the chairman, the chairman of
any subcommittee created by a majority of the Commission, or
any member designated by a majority of the Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
(d) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States may provide to the Commission
such services, funds, facilities, staff, and other support
services as they may determine advisable and as may be
authorized by law.
(e) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(f) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
SEC. 6. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
(a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Commission.
(b) Public Meetings and Release of Public Versions of Reports.--The
Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the reports required under
section 10(a) and (b).
(c) Public Hearings.--Any public hearings of the Commission shall
be conducted in a manner consistent with the protection of information
provided to or developed for or by the Commission as required by any
applicable statute, regulation, or Executive order.
SEC. 7. STAFF OF COMMISSION.
(a) In General.--
(1) Appointment and compensation.--The chairman, in
consultation with vice chairman, in accordance with rules
agreed upon by the Commission, may appoint and fix the
compensation of a staff director and such other personnel as
may be necessary to enable the Commission to carry out its
functions, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service,
and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no
rate of pay fixed under this paragraph may exceed the
equivalent of that payable for a position at level V of the
Executive Schedule under section 5316 of title 5, United States
Code.
(2) Personnel as federal employees.--
(A) In general.--The executive director and any
personnel of the Commission who are employees shall be
employees under section 2105 of title 5, United States
Code, for purposes of chapters 63, 81, 83, 84, 85, 87,
89, and 90 of that title.
(B) Members of commission.--Subparagraph (A) shall
not be construed to apply to members of the Commission.
(b) Detailees.--Any Federal Government employee may be detailed to
the Commission without reimbursement from the Commission, and such
detailee shall retain the rights, status, and privileges of his or her
regular employment without interruption.
(c) Consultant Services.--The Commission is authorized to procure
the services of experts and consultants in accordance with section 3109
of title 5, United States Code, but at rates not to exceed the daily
rate paid a person occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
SEC. 8. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission may be compensated
at not to exceed the daily equivalent of the annual rate of basic pay
in effect for a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day during which
that member is engaged in the actual performance of the duties of the
Commission.
(b) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703(b) of title 5, United States Code.
SEC. 9. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate Federal agencies or departments shall cooperate
with the Commission in expeditiously providing to the Commission
members and staff appropriate security clearances to the extent
possible pursuant to existing procedures and requirements, except that
no person shall be provided with access to classified information under
this Act without the appropriate security clearances.
SEC. 10. REPORTS OF COMMISSION; TERMINATION.
(a) Interim Reports.--The Commission may submit to the President
and Congress interim reports containing such findings, conclusions, and
recommendations for corrective measures as have been agreed to by a
majority of Commission members.
(b) Final Report.--Not later than 18 months after the date of
enactment of this Act, the Commission shall submit to the President and
Congress a final report containing such findings, conclusions, and
recommendations for corrective measures as have been agreed to by a
majority of Commission members.
(c) Termination.--
(1) In general.--The Commission, and all the authorities of
this Act, shall terminate 120 days after the date on which the
final report is submitted under subsection (b).
(2) Administrative activities before termination.--The
Commission may use the 120-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the final report.
SEC. 11. FUNDING.
[(a) Transfer From the ____.--Of the amounts authorized to be
appropriated by this Act and made available in Public Law _____ not to
exceed $2,000,000 shall be available for transfer to the Commission for
purposes of the activities of the Commission under this Act.]
(b) Duration of Availability.--Amounts made available to the
Commission under subsection (a) shall remain available until the
termination of the Commission. | Establishes in the legislative branch the United States Commission on Planetary Defense to: (1) review the structure, coordination, management policies, and procedures of the federal government, and as appropriate, international bodies, and nongovernmental entities, relative to the detection, characterization, mitigation, and over all response efforts to dangerous Near-Earth Objects (NEOs); (2) assess U.S. and foreign technology readiness levels required to provide effective planetary defense and make recommendations to develop required technologies, including NEO detection and characterization systems, spacecraft, nuclear devices, and laser systems; and (3) submit interim reports and a final report to the President and Congress containing such findings, conclusions, and recommendations as the Commission shall determine for corrective measures.
Sets forth provisions regarding the membership, powers, and staff of the Commission. | To establish a United States Commission on Planetary Defense, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Virgin Islands College
Access Act of 2015''.
SEC. 2. PURPOSE.
It is the purpose of this Act to establish a program that enables
college-bound residents of the United States Virgin Islands to have
greater choices among institutions of higher education.
SEC. 3. PUBLIC SCHOOL GRANTS.
(a) Grants.--
(1) In general.--From amounts appropriated under subsection
(i), the Governor shall award grants to eligible institutions
that enroll eligible students to pay the difference between the
tuition and fees charged for in-State students and the tuition
and fees charged for out-of-State students on behalf of each
eligible student enrolled in the eligible institution.
(2) Maximum student amounts.--The amount paid on behalf of
an eligible student under this section shall be--
(A) not more than $10,000 for any one award year
(as defined in section 481 of the Higher Education Act
of 1965 (20 U.S.C. 1088)); and
(B) not more than $50,000 in the aggregate.
(3) Proration.--The Governor shall prorate payments under
this section for students who attend an eligible institution on
less than a full-time basis.
(b) Reduction for Insufficient Appropriations.--
(1) In general.--If the funds appropriated pursuant to
subsection (i) for any fiscal year are insufficient to award a
grant in the amount determined under subsection (a) on behalf
of each eligible student enrolled in an eligible institution,
then the Governor, in consultation with the Secretary of
Education, shall--
(A) first, ratably reduce the amount of the tuition
and fee payment made on behalf of each eligible student
who has not received funds under this section for a
preceding year; and
(B) after making reductions under subparagraph (A),
ratably reduce the amount of the tuition and fee
payments made on behalf of all other eligible students.
(2) Adjustments.--The Governor, in consultation with the
Secretary of Education, may adjust the amount of tuition and
fee payments made under paragraph (1) based on--
(A) the financial need of the eligible students to
avoid undue hardship to the eligible students; or
(B) undue administrative burdens on the Governor.
(3) Further adjustments.--Notwithstanding paragraphs (1)
and (2), the Governor may prioritize the making or amount of
tuition and fee payments under this subsection based on the
income and need of eligible students.
(c) Definitions.--In this section:
(1) Eligible institution.--The term ``eligible
institution'' means an institution that--
(A) is a public four-year institution of higher
education located in one of the several States, the
District of Columbia, Puerto Rico, or Guam;
(B) is eligible to participate in the student
financial assistance programs under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.);
and
(C) enters into an agreement with the Governor
containing such terms and conditions as the Governor
and institution may jointly specify, including a
requirement that the institution use the funds made
available under this section to supplement and not
supplant assistance that otherwise would be provided to
eligible students from the United States Virgin
Islands.
(2) Eligible student.--The term ``eligible student'' means
an individual who--
(A) was domiciled in the United States Virgin
Islands for not less than the 12 consecutive months
preceding the commencement of the freshman year at an
institution of higher education;
(B) graduated from a secondary school in the United
States Virgin Islands, or received the recognized
equivalent of a secondary school diploma while
domiciled in the United States Virgin Islands, on or
after January 1, 2013;
(C) begins the individual's undergraduate course of
study within the three calendar years (excluding any
period of service on active duty in the Armed Forces,
or service under the Peace Corps Act (22 U.S.C. 2501 et
seq.) or subtitle D of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12571 et
seq.)) of graduation from a secondary school, or
obtaining the recognized equivalent of a secondary
school diploma;
(D) is enrolled or accepted for enrollment, on at
least a half-time basis, in a baccalaureate degree or
other program (including a program of study abroad
approved for credit by the institution at which such
student is enrolled) leading to a recognized
educational credential at an eligible institution;
(E) if enrolled in an eligible institution, is
maintaining satisfactory progress in the course of
study the student is pursuing in accordance with
section 484(c) of the Higher Education Act of 1965 (20
U.S.C. 1091(c));
(F) while enrolled in an eligible institution,
maintains the United States Virgin Islands as the
individual's principal place of residence for purposes
of the laws of the United States Virgin Islands; and
(G) has not completed the individual's first
undergraduate baccalaureate course of study.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(4) Governor.--The term ``Governor'' means the Governor of
the United States Virgin Islands.
(5) Secondary school.--The term ``secondary school'' has
the meaning given that term under section 14101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(d) Construction.--Nothing in this Act shall be construed to
require an institution of higher education to alter the institution's
admissions policies or standards in any manner to enable an eligible
student to enroll in the institution.
(e) Applications.--Each student desiring a tuition payment under
this section shall submit an application to the eligible institution at
such time, in such manner, and accompanied by such information as the
eligible institution may require.
(f) Administration of Program.--
(1) In general.--The Governor shall carry out the program
under this section in consultation with the Secretary. The
Governor may enter into a grant, contract, or cooperative
agreement with another public or private entity to administer
the program under this section if the Governor determines that
doing so is a more efficient way of carrying out the program.
(2) Policies and procedures.--The Governor, in consultation
with institutions of higher education eligible for
participation in the program authorized under this section,
shall develop policies and procedures for the administration of
the program.
(3) Memorandum of agreement.--The Governor and the
Secretary shall enter into a Memorandum of Agreement that
describes--
(A) the manner in which the Governor shall consult
with the Secretary with respect to administering the
program under this section; and
(B) any technical or other assistance to be
provided to the Governor by the Secretary for purposes
of administering the program under this section (which
may include access to the information in the common
financial reporting form developed under section 483 of
the Higher Education Act of 1965 (20 U.S.C. 1090)).
(g) Governor's Report.--The Governor shall report to Congress
annually regarding--
(1) the number of eligible students attending each eligible
institution and the amount of the grant awards paid to those
institutions on behalf of the eligible students;
(2) the extent, if any, to which a ratable reduction was
made in the amount of tuition and fee payments made on behalf
of eligible students; and
(3) the progress in obtaining recognized academic
credentials of the cohort of eligible students for each year.
(h) GAO Report.--Beginning on the date of the enactment of this
Act, the Comptroller General of the United States shall monitor the
effect of the program assisted under this section on educational
opportunities for eligible students. The Comptroller General shall
analyze whether eligible students had difficulty gaining admission to
eligible institutions because of any preference afforded in-State
residents by eligible institutions, and shall expeditiously report any
findings regarding such difficulty to Congress and the Governor. In
addition, the Comptroller General shall--
(1) analyze the extent to which there are an insufficient
number of eligible institutions to which United States Virgin
Islands students can gain admission, including admission aided
by assistance provided under this Act, due to--
(A) caps on the number of out-of-State students the
institution will enroll;
(B) significant barriers imposed by academic
entrance requirements (such as grade point average and
standardized scholastic admissions tests); and
(C) absence of admission programs benefitting
minority students; and
(2) report the findings of the analysis described in
paragraph (1) to Congress and the Governor.
(i) Authorization of Appropriations.--The United States Virgin
Islands is authorized to appropriate to carry out this section, out of
non-Federal funds of the United States Virgin Islands, $10,000,000 for
each of the fiscal years 2015 through 2020, and such sums as may be
necessary for each of the succeeding fiscal years. Such funds shall
remain available until expended.
(j) Effective Date.--This section shall take effect with respect to
payments for periods of instruction that begin on or after January 1,
2015.
SEC. 4. GENERAL REQUIREMENTS.
(a) Personnel.--The Secretary of Education shall arrange for the
assignment of an individual, pursuant to subchapter VI of chapter 33 of
title 5, United States Code, to serve as an adviser to the Governor
with respect to the programs assisted under this Act.
(b) Administrative Expenses.--The Governor may use not more than 5
percent of the funds made available for a program under section 3 for a
fiscal year to pay the administrative expenses of a program under
section 3 for the fiscal year.
(c) Inspector General Review.--Each of the programs assisted under
this Act shall be subject to audit and other review by the Inspector
General of the Department of Education in the same manner as programs
are audited and reviewed under the Inspector General Act of 1978 (5
U.S.C. App.).
(d) Gifts.--The Governor may accept, use, and dispose of donations
of services or property for purposes of carrying out this Act.
(e) Maximum Student Amount Adjustments.--The Governor shall
establish rules to adjust the maximum student amounts described in
section 3(a)(2)(B) for eligible students described in section 3(c)(2)
who transfer between the eligible institutions described in section
3(c)(1)(A). | United States Virgin Islands College Access Act of 2015 This bill directs the U.S. Virgin Islands to use federal funds authorized by this Act to award grants to public four-year institutions of higher education (IHEs) located in the states, the District of Columbia, Puerto Rico, or Guam to cover the difference between the in-state and out-of-state tuition and fees for students who have: (1) been domiciled in the Virgin Islands for at least the 12 months preceding their enrollment in the IHE; and (2) received on or after January 1, 2013, a secondary school diploma or its equivalent while domiciled there. The Government Accountability Office must monitor the program's effectiveness in expanding educational opportunities for such students. | United States Virgin Islands College Access Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug Competition Act of 2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) prescription drug costs are increasing at an alarming
rate and are a major worry of senior citizens and American
families;
(2) there is a potential for drug companies owning patents
on brand-name drugs to enter in private financial deals with
generic drug companies in a manner that could tend to restrain
trade and greatly reduce competition and increase prescription
drug costs for American citizens; and
(3) enhancing competition between generic drug
manufacturers and brand name manufacturers can significantly
reduce prescription drug costs to American families.
SEC. 3. PURPOSE.
The purposes of this Act are--
(1) to provide timely notice to the Department of Justice
and the Federal Trade Commission regarding agreements between
companies owning patents on brand name drugs and companies who
could manufacture generic or bioequivalent versions of such
brand name drugs; and
(2) by providing timely notice, to--
(A) enhance the effectiveness and efficiency of the
enforcement of the antitrust laws of the United States;
and
(B) deter pharmaceutical companies from engaging in
anticompetitive actions or actions that tend to
unfairly restrain trade.
SEC. 4. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``agreement'' means an agreement
under section 1 of the Sherman Act (15 U.S.C. 1) or section 5
of the Federal Trade Commission Act (15 U.S.C. 45).
(2) Antitrust laws.-- The term ``antitrust laws'' has the
same meaning as in section 1 of the Clayton Act (15 U.S.C. 12),
except that such term includes section 5 of the Federal Trade
Commission Act (15 U.S.C. 45) to the extent that such section
applies to unfair methods of competition.
(3) ANDA.--The term ``ANDA'' means an Abbreviated New Drug
Application, as defined under section 505(j) of the Federal
Food, Drug and Cosmetic Act (21 U.S.C 355(j)).
(4) Brand name drug company.--The term ``brand name drug
company'' means a person engaged in the manufacture or
marketing of a drug approved under section 505(b) of the
Federal Food, Drug and Cosmetic Act (21 U.S.C. 355(b)).
(5) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(6) FDA.--The term ``FDA'' means the United States Food and
Drug Administration.
(7) Generic drug.--The term ``generic drug'' is a product
that the Food and Drug Administration has approved under
section 505(j) of the Federal Food, Drug and Cosmetic Act (221
U.S.C. 355(j)).
(8) Generic drug applicant.--The term ``generic drug
applicant'' means a person who has filed or received approval
for an ANDA under section 505(j) of the Federal Food, Drug and
Cosmetic Act (21 U.S.C. 355(j)).
(9) NDA.--The term ``NDA'' means a New Drug Application, as
defined under section 505(b) of the Federal Food, Drug and
Cosmetic Act (21 U.S.C. 355(b))
SEC. 5. NOTIFICATION OF AGREEMENTS AFFECTING THE SALE OR MARKETING OF
GENERIC DRUGS.
A brand name drug manufacturer and a generic drug manufacturer that
enter into an agreement--
(1) regarding the sale or manufacture of a generic drug
equivalent of a brand name drug that is manufactured by that
brand name manufacturer. and
(2) which agreement could have the effect of limiting the
research, development, manufacture, marketing or selling of a
generic drug product that could be approved for sale by the FDA
pursuant to an ANDA,
shall both file with the Commission and the Attorney General a notice
that such an agreement has been entered into, the text of the
agreement, an explanation of the purpose and scope of the agreement,
and an explanation of whether the agreement could delay, restrain,
limit, or in any way interfere with the production, manufacture, or
sale of the generic version of the drug in question.
SEC. 6. FILING DEADLINES.
Any notice, agreement, or other material required to be filed under
section 5 shall be filed with the Attorney General and the Commission
not later than 10 business days after the date the agreement is
executed.
SEC. 7. ENFORCEMENT.
(a) Civil Fine.--Any person, or any officer, director, or partner
thereof, who fails to comply with any provision of this Act shall be
liable for a civil penalty of not more than $20,000 for each day during
which such person is in violation of this Act. Such penalty may be
recovered in a civil action brought by the United States or brought by
the Commission in accordance with the procedures established in section
16(a)(1) of the Federal Trade Commission Act (15 U.S.C. 56(a)).
(b) Compliance and Equitable Relief.--If any person, or any
officer, director, partner, agent, or employee thereof, fails to comply
with the notification requirement under section 5 of this Act, the
United States district court, for the district in which such person
officer, director, partner, agent, or employee thereof resides or does
business, may order compliance and grant such other equitable relief as
the court in its discretion determines necessary or appropriate, upon
application of the Commission or the Assistant Attorney General.
SEC. 8. RULEMAKING.
The Commission, with the concurrence of the Assistant Attorney
General and by rule in accordance with section 553 of title 5, United
States Code, consistent with the purposes of this Act--
(1) may require that the notice of an agreement described
in section 5 of this Act be in such form and contain such
documentary material and information relevant to the agreement
as is necessary and appropriate to enable the Commission and
the Assistant Attorney General to determine whether such
agreement may violate the antitrust laws;
(2) may define the terms used in this Act;
(3) may exempt classes of persons or agreements from the
requirements of this Act; and
(4) may prescribe such other rules as may be necessary and
appropriate to carry out the purposes of this Act.
SEC. 9. EFFECTIVE DATES.
This Act shall take effect 90 days after the date of enactment of
this Act. | Drug Competition Act of 2001 - Requires brand name drug manufacturers and generic drug manufacturers to notify the Federal Trade Commission and the Attorney General of agreements regarding the sale or manufacture of generic drugs which could have the effect of limiting the research, development, manufacture, marketing, or selling of a generic drug product. | To enhance competition for prescription drugs by increasing the ability of the Department of Justice and Federal Trade Commission to enforce existing antitrust laws regarding brand name drugs and generic drugs. |
SECTION 1. PRIVATE ACTIONS FOR RELIEF FROM UNFAIR FOREIGN COMPETITION.
(a) Clayton Act.--Section 1(a) of the Clayton Act (15 U.S.C. 12) is
amended by inserting ``section 801 of the Act of September 8, 1916,
entitled `An Act to raise revenue, and for other purposes' (39 Stat.
798; 15 U.S.C. 72);'' after ``nineteen hundred and thirteen;''.
(b) Action for Dumping Violations.--Section 801 of the Act of
September 8, 1916 (39 Stat. 798; 15 U.S.C. 72) is amended to read as
follows:
``Sec. 801. (a) Prohibition.--No person shall import or sell within
the United States an article manufactured or produced in a foreign
country if--
``(1) the article is imported or sold within the United
States at a United States price that is less than the foreign
market value or constructed value of the article; and
``(2) the importation or sale--
``(A) causes or threatens material injury to
industry or labor in the United States; or
``(B) prevents, in whole or in part, the
establishment or modernization of any industry in the
United States.
``(b) Civil Action.--An interested party whose business or property
is injured by reason of an importation or sale in violation of this
section may bring a civil action in the United States District Court
for the District of Columbia or in the Court of International Trade
against--
``(1) a manufacturer or exporter of the article; or
``(2) an importer of the article into the United States
that is related to the manufacturer or exporter of the article.
``(c) Relief.--In an action brought under subsection (b), upon a
finding of liability on the part of the defendant, the plaintiff
shall--
``(1)(A) be granted such equitable relief as may be
appropriate, which may include an injunction against further
importation into, or sale or distribution within, the United
States by the defendant of the article in question; or
``(B) if injunctive relief cannot be timely provided or is
otherwise inadequate, recover damages for the injuries
sustained; and
``(2) recover the costs of the action, including reasonable
attorney's fees.
``(d) Standard of Proof.--(1) The standard of proof in an action
brought under subsection (b) is a preponderance of the evidence.
``(2) Upon--
``(A) a prima facie showing of the elements set forth in
subsection (a); or
``(B) affirmative final determinations adverse to the
defendant that are made by the administering authority and the
United States International Trade Commission under section 735
of the Tariff Act of 1930 (19 U.S.C. 1673d) relating to imports
of the article in question for the country in which the
manufacturer of the article is located,
the burden of proof in an action brought under subsection (b) shall be
upon the defendant.
``(e) Other Parties.--(1) Whenever, in an action brought under
subsection (b), it appears to the court that justice requires that
other parties be brought before the court, the court may cause them to
be summoned, without regard to where they reside, and the subpoenas to
that end may be served and enforced in any judicial district of the
United States.
``(2) A foreign manufacturer, producer, or exporter which sells
products, or for which products are sold by another party in the United
States, shall be treated as having appointed the District Director of
the United States Customs Service of the Department of the Treasury for
the port through which the product is commonly imported as the true and
lawful agent of the manufacturer, producer, or exporter, upon whom may
be served all lawful process in any action brought under subsection (b)
against the manufacturer, producer, or exporter.
``(f) Limitation.--(1) An action under subsection (b) shall be
commenced not later than 4 years after the date on which the cause of
action accrued.
``(2) The running of the 4-year period provided in paragraph (1)
shall be suspended while there is pending an administrative proceeding
under subtitle B of title VII of the Tariff Act of 1930 (19 U.S.C. 1673
et seq.) relating to the product that is the subject of the action or
an appeal of a final determination in such a proceeding, and for 1 year
thereafter.
``(g) Noncompliance With Court Order.--If a defendant in an action
brought under subsection (b) fails to comply with any discovery order
or other order or decree of the court, the court may--
``(1) enjoin the further importation into, or the sale or
distribution within, the United States by the defendant of
articles that are the same as, or similar to, the articles that
are alleged in the action to have been sold or imported under
the conditions described in subsection (a) until such time as
the defendant complies with the order or decree; or
``(2) take any other action authorized by law or by the
Federal Rules of Civil Procedure, including entering judgment
for the plaintiff.
``(h) Confidentiality and Privileged Status.--(1) Except as
provided in paragraph (2), the confidential or privileged status
accorded by law to any documents, evidence, comments, or information
shall be preserved in any action brought under subsection (b).
``(2) In an action brought under subsection (b) the court may--
``(A) examine, in camera, any confidential or privileged
material;
``(B) accept depositions, documents, affidavits, or other
evidence under seal; and
``(C) disclose such material under such terms and
conditions as the court may order.
``(i) Expedition of Action.--An action brought under subsection (b)
shall be advanced on the docket and expedited in every way possible.
``(j) Definitions.--For purposes of this section, the terms `United
States price', `foreign market value', `constructed value', `subsidy',
and `material injury', have the respective meanings given those terms
under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.).
``(k) Subsidy.--If--
``(1) a subsidy is provided to the manufacturer, producer,
or exporter of an article; and
``(2) the subsidy is not included in the foreign market
value or constructed value of the article (but for this
paragraph),
the foreign market value of the article or the constructed value of the
article shall be increased by the amount of the subsidy.
``(l) Intervention by the United States.--The court shall permit
the United States to intervene in any action brought under subsection
(b) as a matter of right. The United States shall have all the rights
of a party to such action.
``(m) Nullification of Order.--An order by a court under this
section is subject to nullification by the President under authority of
section 203 of the International Emergency Economic Powers Act (50
U.S.C. 1702).''.
(c) Action for Subsidies Violations.--Title VIII of the Act of
September 8, 1916 (39 Stat. 798; 15 U.S.C. 71 et seq.) is amended by
adding at the end the following new section:
``Sec. 807. (a) Prohibition.--No person shall import or sell within
the United States an article manufactured or produced in a foreign
country if--
``(1) the foreign country, any person who is a citizen or
national of the foreign country, or a corporation, association,
or other organization organized in the foreign country, is
providing (directly or indirectly), a subsidy with respect to
the manufacture, production, or exportation of the article; and
``(2) the importation or sale--
``(A) causes or threatens material injury to
industry or labor in the United States; or
``(B) prevents, in whole or in part, the
establishment or modernization of any industry in the
United States.
``(b) Civil Action.--An interested party whose business or property
is injured by reason of an importation or sale in violation of this
section may bring a civil action in the United States District Court
for the District of Columbia or in the Court of International Trade
against--
``(1) a manufacturer or exporter of the article; or
``(2) an importer of the article into the United States
that is related to the manufacturer or exporter of the article.
``(c) Relief.--In an action brought under subsection (b), upon a
finding of liability on the part of the defendant, the plaintiff
shall--
``(1)(A) be granted such equitable relief as may be
appropriate, which may include an injunction against further
importation into, or sale or distribution within, the United
States by the defendant of the article in question; or
``(B) if injunctive relief cannot be timely provided or is
otherwise inadequate, recover damages for the injuries
sustained; and
``(C) recover the costs of the action, including reasonable
attorney's fees.
``(d) Standard of Proof.--(1) The standard of proof in an action
filed under subsection (b) is a preponderance of the evidence.
``(2) Upon--
``(A) a prima facie showing of the elements set forth in
subsection (a); or
``(B) affirmative final determinations adverse to the
defendant that are made by the administering authority and the
United States International Trade Commission under section 705
of the Tariff Act of 1930 (19 U.S.C. 1671d) relating to imports
of the article in question for the country in which the
manufacturer of the article is located,
the burden of proof in an action brought under subsection (b)
shall be upon the defendant.
``(e) Other Parties.--(1) Whenever, in an action brought under
subsection (b), it appears to the court that justice requires that
other parties be brought before the court, the court may cause them to
be summoned, without regard to where they reside, and the subpoenas to
that end may be served and enforced in any judicial district of the
United States.
``(2) A foreign manufacturer, producer, or exporter which sells
products, or for which products are sold by another party in the United
States, shall be treated as having appointed the District Director of
the United States Customs Service of the Department of the Treasury for
the port through which the product is commonly imported as the true and
lawful agent of the manufacturer, producer, or exporter, upon whom may
be served all lawful process in any action brought under subsection (b)
against the manufacturer, producer, or exporter.
``(f) Limitation.--(1) An action under subsection (b) shall be
commenced not later than 4 years after the date on which the cause of
action accrued.
``(2) The running of the 4-year period provided in paragraph (1)
shall be suspended while there is pending an administrative proceeding
under subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 1671
et seq.) relating to the product that is the subject of the action or
an appeal of a final determination in such a proceeding, and for 1 year
thereafter.
``(g) Noncompliance With Court Order.--If a defendant in an action
brought under subsection (b) fails to comply with any discovery order
or other order or decree of the court, the court may--
``(1) enjoin the further importation into, or the sale or
distribution within, the United States by the defendant of
articles that are the same as, or similar to, the articles that
are alleged in the action to have been sold or imported under
the conditions described in subsection (a) until such time as
the defendant complies with the order or decree; or
``(2) take any other action authorized by law or by the
Federal Rules of Civil Procedure, including entering judgment
for the plaintiff.
``(h) Confidentiality and Privileged Status.--(1) Except as
provided in paragraph (2), the confidential or privileged status
accorded by law to any documents, evidence, comments, or information
shall be preserved in any action brought under subsection (b).
``(2) In an action brought under subsection (b) the court may--
``(A) examine, in camera, any confidential or privileged
material;
``(B) accept depositions, documents, affidavits, or other
evidence under seal; and
``(C) disclose such material under such terms and
conditions as the court may order.
``(i) Expedition of Action.--An action brought under subsection (b)
shall be advanced on the docket and expedited in every way possible.
``(j) Definitions.--For purposes of this section, the terms
`subsidy' and `material injury' have the respective meanings given
those terms under title VII of the Tariff Act of 1930 (19 U.S.C. 1671
et seq.).
``(k) Intervention by the United States.--The court shall permit
the United States to intervene in any action brought under subsection
(b) as a matter of right. The United States shall have all the rights
of a party to such action.
``(l) Nullification of Order.--An order by a court under this
section is subject to nullification by the President under authority of
section 203 of the International Emergency Economic Powers Act (50
U.S.C. 1702).''.
(d) Action for Customs Fraud.--
(1) Amendment of title 28, united states code.--Chapter 95
of title 28, United States Code, is amended by adding at the
end the following new section:
``Sec. 1586. Private enforcement action for customs fraud
``(a) Civil Action.--An interested party whose business or property
is injured by a fraudulent, grossly negligent, or negligent violation
of section 592(a) of the Tariff Act of 1930 (19 U.S.C. 1592(a)) may
bring a civil action in the United States District Court for the
District of Columbia or in the Court of International Trade without
respect to the amount in controversy.
``(b) Relief.--Upon proof by an interested party that the business
or property of such interested party has been injured by a fraudulent,
grossly negligent, or negligent violation of section 592(a) of the
Tariff Act of 1930, the interested party shall--
``(1)(A) be granted such equitable relief as may be
appropriate, which may include an injunction against further
importation into the United States of the merchandise in
question; or
``(B) if injunctive relief cannot be timely provided or is
otherwise inadequate, recover damages for the injuries
sustained; and
``(2) recover the costs of suit, including reasonable
attorney's fees.
``(c) Definitions.--For purposes of this section:
``(1) The term `interested party' means--
``(A) a manufacturer, producer, or wholesaler in
the United States of like or competing merchandise; or
``(B) a trade or business association a majority of
whose members manufacture, produce, or wholesale like
merchandise or competing merchandise in the United
States.
``(2) The term `like merchandise' means merchandise that is
like, or in the absence of like, most similar in
characteristics and uses with, merchandise being imported into
the United States in violation of section 502(a) of the Tariff
Act of 1930 (19 U.S.C. 1592(a)).
``(3) The term `competing merchandise' means merchandise
that competes with or is a substitute for merchandise being
imported into the United States in violation of section 592(a)
of the Tariff Act of 1930 (19 U.S.C. 1592(a)).
``(d) Intervention by the United States.--The court shall permit
the United States to intervene in an action brought under this section,
as a matter of right. The United States shall have all the rights of a
party.
``(e) Nullification of Order.--An order by a court under this
section is subject to nullification by the President under authority of
section 203 of the International Emergency Economic Powers Act (50
U.S.C. 1702).''.
(2) Technical amendment.--The chapter analysis for chapter
95 of title 28, United States Code, is amended by adding at the
end the following new item:
``1586. Private enforcement action for customs fraud.''.
SEC. 2. ACCORDANCE WITH GATT.
It is the sense of the Congress that this Act is consistent with,
and in accord with, the General Agreement on Tariffs and Trade (GATT). | Amends the Clayton Act to include a specified antidumping provision among U.S. antitrust laws.
Amends such antidumping provision of the Unfair Competition Act of 1916 to allow any person who is injured in his or her property or business by the sale or importation of an article made in a foreign country to bring a civil action against the manufacturer, exporter, or related importer of such article if: (1) the article is imported or sold in the United States at less than its foreign market or constructed value; or (2) the foreign country or person or organization of such country is providing (directly or indirectly) a subsidy with respect to the manufacture, production, or exportation of such article; and (3) the sale or importation causes or threatens material injury to U.S. industry or labor or prevents the establishment or modernization of U.S. industry.
Restricts the court jurisdiction of such an action to the District Court of the District of Columbia or the Court of International Trade. Entitles a prevailing party to appropriate equitable relief, or if such relief is inadequate, to compensatory damages and legal expenses.
Sets a four-year statute of limitations for actions under this Act.
Permits the United States to intervene in an action under this Act as a matter of right. Subjects any court order under this Act to nullification by the President.
Allows any person who is injured in his or her business or property by the fraudulent, grossly negligent, or negligent entry or introduction of merchandise into U.S. commerce to bring a civil action in the District Court of the District of Columbia or the Court of International Trade, without respect to the amount in controversy. Entitles a prevailing party to appropriate equitable relief or, if such relief is inadequate, compensatory damages and legal expenses.
Permits the United States to intervene in such an action as a matter of right. Subjects any court order to nullification by the President.
Expresses the sense of the Congress that this Act is consistent with the General Agreement on Tariffs and Trade. | A bill to amend the Unfair Competition Act and Clayton Act to provide for private enforcement of the Unfair Competition Act in the event of unfair foreign competition, and to amend title 28, United States Code, to provide for the enforcement of the customs fraud provisions. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children Come First Act of 2007''.
SEC. 2. LIMITATION ON PAYMENTS FOR STATES COVERING CHILDREN IN FAMILIES
WITH INCOME BETWEEN 200 AND 300 PERCENT OF THE POVERTY
LINE; OPTION OF PREMIUM ASSISTANCE FOR CHILDREN OF HIGHER
INCOME FAMILIES.
(a) In General.--Section 2105(c) of the Social Security Act (42
U.S.C. 1397ee(c)) is amended by adding at the end the following new
paragraph:
``(8) Limitation on payments for states covering children
of higher income families.--
``(A) In general.--No payment shall be made under
this section for child health assistance provided for a
child of a higher income family (as defined in
subparagraph (B)) under the State child health plan
unless--
``(i) the family demonstrates that health
insurance coverage for the child is--
``(I) unattainable, in accordance
with subparagraph (C); or
``(II) unaffordable, in accordance
with subparagraph (D); and
``(ii) the plan permits the family to be
provided child health assistance through the
form of premium assistance described in
subparagraph (E) rather than through Medicaid
or otherwise.
``(B) Higher income family.--For purposes of this
paragraph, the term `higher income family' means a
family the income of which exceeds 200 percent, but
does not exceed 300 percent, of the poverty line.
``(C) Unattainability.--For purposes of this
paragraph, health insurance coverage shall be treated
as unattainable with respect to the child of a higher
income family if the family can demonstrate an
inability to obtain health insurance coverage for the
child (as determined in accordance with standards
established by the Secretary).
``(D) Unaffordability.--
``(i) In general.--For purposes of this
paragraph, health insurance coverage shall be
treated as unaffordable with respect to the
child of a higher income family if the premium
for such coverage exceeds the percentage (as
determined by the Secretary under clause (ii))
of the adjusted gross income of the family. In
applying the previous sentence to family
coverage, there shall only be taken into
account the portion of such premium that is
actuarially attributable to children (as
computed for purposes of subparagraph
(E)(iii)).
``(ii) Percentage determined.--The
Secretary shall determine a percentage under
this clause based on factors such as family
size, the average premium for health insurance
coverage in the private sector for children,
and such other factors as the Secretary deems
appropriate.
``(E) Premium assistance option.--
``(i) In general.--The premium assistance
option under this subparagraph shall be in the
form of payment of premium for a policy that
provides health insurance benefits to the child
of a higher income family involved. Except as
otherwise specifically provided, the State
child health plan shall establish standards for
such benefits and premium contributions.
``(ii) Treatment.--Payment of premium
assistance under this subparagraph shall be
treated as child health assistance for purposes
of obtaining Federal financial participation
under section 2105.
``(iii) Application to family coverage.--In
the case of premium assistance under this
subparagraph applied to coverage of one or more
children under family coverage that covers a
parent of such a child or other individuals who
are not children, the amount of the premium
payment under the option under this
subparagraph shall be adjusted to take into
account only the portion of the health
insurance benefits that are actuarially
attributable to such children.
``(F) Exception for currently covered
individuals.--Subparagraph (A) shall not apply until
October 1, 2011, to children who are enrolled under
this part as targeted low-income children as of October
1, 2008.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to State child health plans for payment for items and services
furnished on or after October 1, 2008. | Children Come First Act of 2007 - Amends title XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act to prohibit SCHIP payments for children in families with income between 200% and 300% of the poverty line (higher income families) unless: (1) health insurance coverage for the family is demonstrably unattainable or unaffordable; and (2) the state SCHIP plan permits the family to receive child health assistance through specified optional premium assistance rather than through Medicaid or otherwise. | To amend title XXI of the Social Security Act to impose requirements on coverage of children in higher income families under the State Children's Health Insurance Program (SCHIP). |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wet Weather Water Quality Act of
2000''.
SEC. 2. COMBINED SEWER OVERFLOWS.
Section 402 of the Federal Water Pollution Control Act (33 U.S.C.
1342) is amended by adding at the end the following:
``(q) Combined Sewer Overflows.--
``(1) Requirement for permits, orders, and decrees.--Each
permit, order, or decree issued pursuant to this Act after the
date of enactment of this subsection for a discharge from a
municipal combined storm and sanitary sewer shall conform to
the Combined Sewer Overflow Control Policy signed by the
Administrator on April 11, 1994 (in this subsection referred to
as the `CSO control policy'), and shall provide for the
development and implementation of long-term control plans to
meet applicable water quality standards as expeditiously as
possible.
``(2) Water quality and designated use review guidance.--
Not later than December 31, 2000, and after providing notice
and opportunity for public comment, the Administrator shall
issue guidance to facilitate the conduct of water quality and
designated use reviews for municipal combined sewer overflow
receiving waters.
``(3) Report.--Not later than September 1, 2001, the
Administrator shall transmit to Congress a report on the
progress made by the Environmental Protection Agency, States,
and municipalities in implementing and enforcing the CSO
control policy.''.
SEC. 3. WET WEATHER PILOT PROGRAM.
Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) is amended by adding at the end the following:
``SEC. 121. WET WEATHER WATERSHED PILOT PROJECTS.
``(a) In General.--The Administrator, in coordination with the
States, may provide technical assistance and grants for treatment works
to carry out pilot projects relating to the following areas of wet
weather discharge control:
``(1) Watershed management of wet weather discharges.--The
management of municipal combined sewer overflows, sanitary
sewer overflows, and stormwater discharges, on an integrated
watershed or subwatershed basis for the purpose of
demonstrating the effectiveness of a unified wet weather
approach.
``(2) Stormwater best management practices.--The control of
pollutants from municipal separate storm sewer systems for the
purpose of demonstrating and determining controls that are
cost-effective and that use innovative technologies in reducing
such pollutants from stormwater discharges.
``(b) Administration.--The Administrator, in coordination with the
States, shall provide municipalities participating in a pilot project
under this section the ability to engage in innovative practices,
including the ability to unify separate wet weather control efforts
under a single permit.
``(c) Funding.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $10,000,000 for fiscal year 2002,
$15,000,000 for fiscal year 2003, and $20,000,000 for fiscal
year 2004. Such funds shall remain available until expended.
``(2) Stormwater.--The Administrator shall make available
not less than 20 percent of amounts appropriated for a fiscal
year pursuant to this subsection to carry out the purposes of
subsection (a)(2).
``(3) Administrative expenses.--The Administrator may
retain not to exceed 4 percent of any amounts appropriated for
a fiscal year pursuant to this subsection for the reasonable
and necessary costs of administering this section.
``(d) Report to Congress.--Not later than 5 years after the date of
enactment of this section, the Administrator shall transmit to Congress
a report on the results of the pilot projects conducted under this
section and their possible application nationwide.''.
SEC. 4. SEWER OVERFLOW CONTROL GRANTS.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1342
et seq.) is amended by adding at the end the following:
``SEC. 220. SEWER OVERFLOW CONTROL GRANTS.
``(a) In General.--In any fiscal year in which the Administrator
has available for obligation at least $1,200,000,000 for the purposes
of section 601--
``(1) the Administrator may make grants to States for the
purpose of providing grants to a municipality or municipal
entity for planning, design, and construction of treatment
works to intercept, transport, control, or treat municipal
combined sewer overflows and sanitary sewer overflows; and
``(2) subject to subsection (g), the Administrator may make
a direct grant to a municipality or municipal entity for the
purposes described in paragraph (1).
``(b) Prioritization.--In selecting from among municipalities
applying for grants under subsection (a), a State or the Administrator
shall give priority to an applicant that--
``(1) is a municipality that is a financially distressed
community under subsection (c);
``(2) has implemented or is complying with an
implementation schedule for the 9 minimum controls specified in
the CSO control policy referred to in section 402(q)(1) and has
begun implementing a long-term municipal combined sewer
overflow control plan or a separate sanitary sewer overflow
control plan; or
``(3) is requesting a grant for a project that is on a
State's intended use plan pursuant to section 606(c).
``(c) Financially Distressed Community.--
``(1) Definition.--In subsection (b), the term `financially
distressed community' means a community that meets
affordability criteria established by the State in which the
community is located, if such criteria are developed after
public review and comment.
``(2) Consideration of impact on water and sewer rates.--In
determining if a community is a distressed community for the
purposes of subsection (b), the State shall consider, among
other factors, the extent to which the rate of growth of a
community's tax base has been historically slow such that
implementing a plan described in subsection (b)(2) would result
in a significant increase in any water or sewer rate charged by
the community's publicly owned wastewater treatment facility.
``(3) Information to assist states.--The Administrator may
publish information to assist States in establishing
affordability criteria under paragraph (1).
``(d) Cost Sharing.--The Federal share of the cost of activities
carried out using amounts from a grant made under subsection (a) shall
be not less than 55 percent of the cost. The non-Federal share of the
cost may include, in any amount, public and private funds and in-kind
services, and may include, notwithstanding section 603(h), financial
assistance, including loans, from a State water pollution control
revolving fund.
``(e) Administrative Reporting Requirements.--If a project receives
grant assistance under subsection (a) and loan assistance from a State
water pollution control revolving fund and the loan assistance is for
15 percent or more of the cost of the project, the project may be
administered in accordance with State water pollution control revolving
fund administrative reporting requirements for the purposes of
streamlining such requirements.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $750,000,000 for each of fiscal
years 2002 and 2003. Such sums shall remain available until expended.
``(g) Allocation of Funds.--
``(1) Fiscal year 2002.--Subject to subsection (h), the
Administrator shall use the amounts appropriated to carry out
this section for fiscal year 2002 for making grants to
municipalities and municipal entities under subsection (a)(2),
in accordance with the criteria set forth in subsection (b).
``(2) Fiscal year 2003.--Subject to subsection (h), the
Administrator shall use the amounts appropriated to carry out
this section for fiscal year 2003 as follows:
``(A) Not to exceed $250,000,000 for making grants
to municipalities and municipal entities under
subsection (a)(2), in accordance with the criteria set
forth in subsection (b).
``(B) All remaining amounts for making grants to
States under subsection (a)(1), in accordance with a
formula to be established by the Administrator, after
providing notice and an opportunity for public comment,
that allocates to each State a proportional share of
such amounts based on the total needs of the State for
municipal combined sewer overflow controls and sanitary
sewer overflow controls identified in the most recent
survey conducted pursuant to section 516(b)(1).
``(h) Administrative Expenses.--Of the amounts appropriated to
carry out this section for each fiscal year--
``(1) the Administrator may retain an amount not to exceed
1 percent for the reasonable and necessary costs of
administering this section; and
``(2) the Administrator, or a State, may retain an amount
not to exceed 4 percent of any grant made to a municipality or
municipal entity under subsection (a), for the reasonable and
necessary costs of administering the grant.
``(i) Reports.--Not later than December 31, 2003, and periodically
thereafter, the Administrator shall transmit to Congress a report
containing recommended funding levels for grants under this section.
The recommended funding levels shall be sufficient to ensure the
continued expeditious implementation of municipal combined sewer
overflow and sanitary sewer overflow controls nationwide.''.
SEC. 5. INFORMATION ON CSOS AND SSOS.
(a) Report to Congress.--Not later than 3 years after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall transmit to Congress a report summarizing--
(1) the extent of the human health and environmental
impacts caused by municipal combined sewer overflows and
sanitary sewer overflows, including the location of discharges
causing such impacts, the volume of pollutants discharged, and
the constituents discharged;
(2) the resources spent by municipalities to address these
impacts; and
(3) an evaluation of the technologies used by
municipalities to address these impacts.
(b) Technology Clearinghouse.--After transmitting a report under
subsection (a), the Administrator shall maintain a clearinghouse of
cost-effective and efficient technologies for addressing human health
and environmental impacts due to municipal combined sewer overflows and
sanitary sewer overflows. | Authorizes the Administrator to provide technical assistance and grants for treatment works to carry out pilot projects relating to specified areas of wet weather discharge control. Authorizes appropriations.
Permits the Administrator, in any fiscal year in which at least $1.2 billion is available for grants to States for water pollution control revolving funds, to make grants to States or municipalities for planning, design, and construction of treatment works to intercept, transport, control, or treat municipal CSO and sanitary sewer overflows. Gives priority for grants to certain applicants, including municipalities that are financially distressed communities. Requires the Federal share of the cost of activities funded by such grants to be at least 55 percent. Authorizes and allocates appropriations. Requires the Administrator to report periodically to Congress on the recommended funding levels for such grants.
Directs the Administrator to report to Congress on: (1) the extent of health and environmental impacts caused by municipal CSO and sanitary sewer overflows; and (2) the resources spent, and technologies used, by municipalities to address such impacts. Requires the Administrator to maintain a clearinghouse of technologies for addressing such impacts. | Wet Weather Quality Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Options Act of 2017''.
SEC. 2. PREMIUM ASSISTANCE CREDIT ALLOWED FOR INSURANCE OUTSIDE AN
EXCHANGE.
(a) In General.--Section 36B of the Internal Revenue Code of 1986
is amended by redesignating subsection (g) as subsection (h) and by
inserting after subsection (f) the following new subsection:
``(g) Special Rules Relating to Certain Off-Exchange Plans.--
``(1) In general.--In the case of a taxpayer described in
paragraph (2) who is covered, or whose spouse or dependent is
covered, by a plan described in paragraph (3) for a coverage
month beginning after December 31, 2017, and before January 1,
2020, this section shall be applied with the following
modifications:
``(A) Such plan shall be treated as a qualified
health plan.
``(B) Subparagraph (A) of subsection (b)(2) shall
be applied without regard to so much of such
subparagraph as follows `of the taxpayer' and precedes
`, or'.
``(C) Clause (i) of subsection (b)(3)(B) shall be
applied by substituting `through an Exchange' for
`through the same Exchange through which the qualified
health plans taken into account under paragraph (2)(A)
were offered'.
``(D) Clause (i) of subsection (c)(2)(A) shall be
applied without regard to so much of such clause as
follows `(b)(2)(A)' and precedes `, and'.
``(E) Subsection (d)(3)(B) shall be applied without
regard to `through an Exchange'.
``(2) Taxpayer described.--For purposes of this subsection,
a taxpayer is described in this paragraph if the taxpayer
resides in a rating area or county in which the Secretary of
Health and Human Services certifies that no qualified health
plans are offered through an Exchange established under Section
1311 of the Patient Protection and Affordable Care Act.
``(3) Plans described.--For purposes of this subsection, a
plan is described in this paragraph if--
``(A) enrollment in the plan was not done through
an Exchange, and
``(B) the plan is authorized by the State in which
the taxpayer resides to be offered in the individual
market in the State other than through an Exchange, or
is a not-for-profit membership organization organized
under State law and authorized under State law to
accept member contributions to fund health care
benefits for members and their families.''.
(b) Off-Exchange Plans Excluded From Advance Payments.--Section
1412 of the Patient Protection and Affordable Care Act (42 U.S.C.
18082) is amended by adding at the end the following new subsection:
``(f) Nonapplication to Off-Exchange Plans.--This section and
section 1411 shall not apply, and no advance determination or advance
payment shall be made, in the case of an individual enrolling in a plan
described in section 36B(g)(3) of the Internal Revenue Code of 1986.''.
(c) Reporting.--Subsection (b) of section 6055 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(3) Information relating to off-exchange coverage.--If
minimum essential coverage provided to an individual under
subsection (a) consists of coverage described in section
36B(g)(3), a return described in this subsection for taxable
years beginning before January 1, 2020, shall include--
``(A) a statement that such plan is coverage not
enrolled in through an Exchange,
``(B) the premiums paid with respect to such
coverage,
``(C) the months during which such coverage is
provided to the individual,
``(D) the adjusted monthly premium for the
applicable second lowest cost silver plan (as defined
in section 36B(b)(3), determined without regard to
whether such plan is offered through an Exchange if the
Secretary of Health and Human Services has made the
determination under section 36B(g)(2) with respect to
the rating area) for each such month with respect to
such individual, and
``(E) such other information as the Secretary may
prescribe.''.
(d) Waiver of Individual Mandate in Areas With No Exchange Plans.--
(1) In general.--Paragraph (1) of section 5000A(d) of the
Internal Revenue Code of 1986 is amended by striking ``or (4)''
and inserting ``(4), or (5)''.
(2) Individuals residing in exempted areas.--Subsection (d)
of section 5000A of such Code is amended by adding at the end
the following new paragraph:
``(5) Individuals residing in exempted areas.--For purposes
of months beginning after December 31, 2017, and before January
1, 2020, such term shall not include an individual who resides
in a rating area or county in which the Secretary of Health and
Human Services certifies for purposes of section 36B(g)(2) that
no qualified health plans are offered through an Exchange
established under Section 1311 of the Patient Protection and
Affordable Care Act.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable and plan years beginning after December 31, 2017. | Health Care Options Act of 2017 This bill amends the Internal Revenue Code to temporarily permit certain individuals to use the premium assistance tax credit to purchase health insurance outside of an exchange established under the Patient Protection and Affordable Care (PPACA). The bill applies to individuals who reside in a rating area or county that the Department of Health and Human Services has certified has no qualified health plans offered through an exchange established under PPACA. Individuals residing in the areas or counties may use the premium assistance tax credit through 2019 to enroll in a plan outside of an exchange if the plan is: (1) authorized by the state in which the taxpayer resides to be offered in the individual market, or (2) is a not-for-profit membership organization that is organized and authorized under state law to accept member contributions to fund health care benefits for members and their families. The bill prohibits advance payments of the credit from being made with respect to the off-exchange plans and specifies reporting requirements for the plans. Through 2019, the bill also exempts the individuals residing in the counties or areas from the requirement to maintain minimum essential health coverage (commonly referred to as the individual mandate). | Health Care Options Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commuter Bill of Rights Act of
2010''.
SEC. 2. DEFINITIONS.
For purposes of this Act the following definitions apply:
(1) Eligible recipient.--The term ``eligible recipient''
means a provider of public transportation.
(2) Public transportation.--The term ``public
transportation'' means transportation by a conveyance that
provides regular and continuing general or special
transportation to the public, but does not include schoolbus,
charter, sightseeing, or intercity bus transportation or
intercity passenger rail transportation provided by the entity
described in chapter 243 (or a successor to such entity).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 3. COMMUTER TRANSIT RIGHTS COMMISSION.
(a) Establishment.--There is established an independent commission
to be known as the ``Commuter Transit Rights Commission'' (hereinafter
in this Act referred to as the ``Commission'').
(b) Duties of the Commission.--The duties of the Commission shall
be--
(1) to evaluate current Federal rules and regulations on
commuter safety in emergency situations that govern transit
providers;
(2) to evaluate contingency plans that transit providers
use across the United States and identify best practices; and
(3) to make recommendations to the Secretary of
Transportation (referred to in this Act as the ``Secretary'')
pursuant to subsection (h).
(c) Membership.--
(1) Number and appointment.--Not later than 60 days after
the date of enactment of this Act, the Commission, which shall
be composed of 12 members, shall be appointed by the Secretary
as follows:
(A) 2 members shall be commuters of public
transportation.
(B) 2 members shall be experts in rail safety.
(C) 2 members shall be experts in water
transportation.
(D) 2 members shall be employees of State
transportation agencies.
(E) 2 members shall be experts in passenger safety.
(F) 2 members shall be experts in emergency
medicine.
(2) Restriction.--No employee of the Department of
Transportation may serve as a member of the Commission.
(3) Chairperson.--The Chairperson of the Commission shall
be elected by the members at the initial meeting.
(d) Terms.--
(1) In general.--Each member shall be appointed for the
life of the commission.
(2) Vacancies.--A vacancy on the Commission shall be filled
in the same manner as the original appointment.
(3) Pay and travel expenses.--
(A) Pay.--Except as provided in subparagraph (C),
each member of the Commission shall be paid at a rate
equal to the daily equivalent of the minimum annual
rate of basic pay for level IV of the Executive
Schedule under section 5315 of title 5, United States
Code, for each day, including travel time, during which
he or she is engaged in the actual performance of
duties vested in the Commission.
(B) Travel expenses.--Members shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with subchapter I of chapter 57 of title 5,
United States Code.
(C) Prohibition of compensation of federal
employees.--Members of the Commission who are full-time
officers or employees of the United States or Members
of Congress may not receive additional pay, allowances,
or benefits by reason of their service on the
Commission.
(e) Meetings.--
(1) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission are appointed, the
Commission shall hold its first meeting.
(2) Subsequent meetings.--The commission shall meet monthly
at the call of the Chairperson.
(3) Quorum.--A majority of the Commission shall constitute
a quorum but a lesser number may hold hearings.
(f) Staff.--The Chairperson may appoint and fix the pay of
additional personnel as the Chairperson considers appropriate.
(g) Powers of the Commission.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this Act, hold hearings, sit and act at
times and places, take testimony, and receive evidence as the
Commission considers appropriate.
(2) Powers of members and agents.--Any member or agent of
the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take by this
section.
(h) Recommendations.--
(1) Commuter bill of rights.--Not later than 160 days after
its initial meeting, the Commission shall make recommendations
to the Secretary that shall be known as the ``Commuter Bill of
Rights''. The Commuter Bill of Rights shall include the
following:
(A) A list of situations in which a provider of
public transportation shall implement its contingency
plan.
(B) Recommendations for the minimum standards that
a contingency plan of a provider of public
transportation must meet, including the following:
(i) Provision of food, water, restrooms,
ventilation, and medical services.
(ii) Distribution of critical information
to commuters on a disabled or delayed train or
other transit vehicle, including a time frame
for when commuters will be permitted to exit
such disabled or delayed transit vehicle and
how such commuters will be redirected to their
final destinations in a timely manner.
(C) Recommendations for Federal regulations on
commuter safety in an emergency situation.
(2) Procedure.--A majority of the Commission shall approve
each recommendation before it is included in the Commuter Bill
of Rights and submitted to the Secretary.
(3) Supplemental report.--The Commission shall submit a
supplemental report to the Secretary along with the Commuter
Bill of Rights that contains all of the recommendations that
the Commission considered, including those recommendations that
did not receive a majority vote for inclusion in the Commuter
Bill of Rights.
(i) Termination.--The Commission shall terminate on the date that
the Commission submits the Commuter Bill of Rights and supplemental
report to the Secretary under subsection (h).
SEC. 4. GRANT PROGRAM.
(a) Authorization of Grant Program.--The Secretary may provide
grants on a competitive basis to providers of public transportation to
develop and implement contingency plans that fulfill the Commuter Bill
of Rights.
(b) Application.--
(1) In general.--To be eligible to receive a grant under
this section, an eligible recipient shall submit an application
not later than 90 days after the Secretary has issued a notice
of availability at such time and in such manner as the
Secretary may reasonably require.
(2) Contingency plan implementation.--An eligible recipient
shall include in its application a cost estimate of
implementing the contingency plan to fulfill the Consumer Bill
of Rights.
(3) Certification.--When submitting an application, a
provider of public transportation shall certify to the
Secretary that the provider will implement its contingency plan
not later than 90 days after receiving a grant under this
section.
(d) Amount of Grants.--An eligible recipient may only receive one
grant under this section. The amount of such grant shall be the greater
of $50,000 or 50 percent of the total amount of costs estimated in
implementing the Commuter Bill of Rights as determined by the
Secretary.
SEC. 5. DUTIES OF THE SECRETARY.
(a) In General.--The Secretary shall review the Commuter Bill of
Rights submitted by the Commission under section 3 and issue
regulations to require providers of public transportation to comply
with the standards recommended by the Commuter Bill of Rights.
(b) Federal Policies.--The Secretary shall use the Bill of Rights
as recommended by the Commission to develop federal policies that will
require compliance with the Bill of Rights by commuter transit
providers. Such policies shall include--
(1) a requirement for providers of public transportation to
submit for approval by the Secretary a proposed contingency
plan meeting minimum standards according to the Bill of Rights;
(2) a requirement that contingency plans be reviewed and
updated as necessary and re-submitted to the Secretary every 5
years; and
(3) a requirement that providers of public transportation
comply with the final rule issued pursuant to subsection (a)
not later than 180 days after the rule is issued under
subsection (a).
(c) Penalties and Sanctions.--The Secretary may assess appropriate
penalties or sanctions for non-compliance as determined by the
Secretary against providers of public transportation who fail to
submit, obtain approval of, or adhere to its contingency plan.
(d) Bill of Rights to Congress.--When the Secretary receives the
Consumer Bill of Rights from the Committee, the Secretary shall forward
a copy of such bill of rights to Congress.
(e) Consumer Hotline.--The Secretary shall establish a consumer
hotline telephone number for public transportation complaints in which
the Secretary responds to consumer complaints not later than 30 days
after submission of a complaint.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary, such sums
as may be necessary to carry out this Act, to remain available until
expended. | Commuter Bill of Rights Act of 2010 - Establishes the Commuter Transit Rights Commission.
Requires the Commission to make recommendations to the Secretary of Transportation in the form of a Commuter Bill of Rights which includes: (1) a list of situations in which a provider of public transportation will implement its contingency plan during an emergency; (2) recommendations for minimum standards that a plan must meet, including the provision of food, water, restrooms, ventilation, and medical services, as well as the distribution of certain critical information to commuters on a disabled or delayed train or other transit vehicle; and (3) recommendations for federal regulations on commuter safety during emergencies.
Authorizes the Secretary to provide competitive grants to providers of public transportation to develop and implement contingency plans that fulfill the Bill of Rights.
Requires the Secretary to review the Bill of Rights and issue regulations to require providers of public transportation to comply with the Bill's recommended standards.
Requires the Secretary to use the Bill of Rights to develop related federal policies.
Authorizes the Secretary to assess penalties or sanctions against providers of public transportation who fail to submit, obtain approval of, or adhere to its contingency plan.
Requires the Secretary to establish a consumer hotline telephone number for public transportation complaints. | To provide certain rights to commuters who ride public transportation. |
SECTION 1. INCREASE IN DEPENDENT CARE CREDIT; CREDIT ALLOWED FOR
RESPITE CARE EXPENSES.
(a) In General.--So much of section 21 of the Internal Revenue Code
of 1986 (relating to expenses for household and dependent care services
necessary for gainful employment) as precedes subsection (e) is amended
to read as follows:
``SEC. 21. DEPENDENT CARE SERVICES.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an individual who
maintains a household which includes as a member 1 or more
qualifying individuals, 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 sum of--
``(A) the employment-related expenses paid by such
individual during the taxable year, plus
``(B) the respite care expenses paid by such
individual during the taxable year.
``(2) Applicable percentage defined.--
``(A) In general.--For purposes of paragraph (1),
the term `applicable percentage' means 50 percent
reduced (but not below 20 percent) by 1 percentage
point for each full $1,000 by which the taxpayer's
adjusted gross income for the taxable year exceeds
$15,000.
``(B) Cost-of-living adjustment.--In the case of
any taxable year beginning in a calendar year after
1997, the $15,000 amount contained in subparagraph (A)
shall be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins
by substituting `calendar year 1996' for
`calendar year 1992' in subparagraph (B)
thereof.
If any increase determined under the preceding sentence
is not a multiple of $10, such increase shall be
rounded to the nearest multiple of $10.
``(b) Employment-Related Expenses.--For purposes of this section--
``(1) Determination of eligible 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.
Such term shall not include any amount paid for
services outside the taxpayer's household at a camp
where the qualifying individual stays overnight and
shall not include any respite care expense taken into
account under subsection (a).
``(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
subsection (d)(1), or
``(ii) a qualifying individual (not
described in subsection (d)(1)) 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 6
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).
``(2) Dollar limit on amount creditable.--
``(A) In general.--The amount of the employment-
related expenses incurred during any taxable year which
may be taken into account under subsection (a) shall
not exceed--
``(i) $2,400 if there is 1 qualifying
individual with respect to the taxpayer for
such taxable year, or
``(ii) $4,800 if there are 2 or more
qualifying individuals with respect to the
taxpayer for such taxable year.
The amount determined under clause (i) or (ii)
(whichever is applicable) shall be reduced by the
aggregate amount excludable from gross income under
section 129 for the taxable year.
``(B) Reduction in limit for amount of respite care
expenses.--The limitation of subparagraph (A) shall be
reduced by the amount of the respite care expenses
taken into account by the taxpayer under subsection (a)
for the taxable year.
``(3) Earned income limitation.--
``(A) In general.--Except as otherwise provided in
this paragraph, the amount of the employment-related
expenses incurred during any taxable year which may be
taken into account under subsection (a) shall not
exceed--
``(i) 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
``(ii) 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.
``(B) Special rule for spouse who is a student or
incapable of caring for himself.--In the case of a
spouse who is a student or a qualified individual
described in subsection (d)(3), for purposes of
subparagraph (A), such spouse shall be deemed for each
month during which such spouse is a full-time student
at an educational institution, or is such a qualifying
individual, to be gainfully employed and to have earned
income of not less than--
``(i) $200 if paragraph (2)(A)(i) applies
for the taxable year, or
``(ii) $400 if paragraph (2)(A)(ii) applies
for the taxable year.
In the case of any husband and wife, this subparagraph
shall apply with respect to only one spouse for any one
month.
``(c) Respite Care Expenses.--For purposes of this section--
``(1) In general.--The term `respite care expenses' means
expenses paid (whether or not to enable the taxpayer to be
gainfully employed) for--
``(A) the care of a qualifying individual--
``(i) who has attained the age of 13, or
``(ii) who is under the age of 13 but has a
physical or mental impairment which results in
the individual being incapable of caring for
himself,
during any period when such individual regularly spends
at least 8 hours each day in the taxpayer's household,
or
``(B) care (for not more than 14 days during the
calendar year) of a qualifying individual described in
subparagraph (A) during any period during which the
individual does not regularly spend at least 8 hours
each day in the taxpayer's household.
``(2) Dollar limit.--The amount of the respite care
expenses incurred during any taxable year which may be taken
into account under subsection (a) shall not exceed--
``(A) $1,200 if such expenses are incurred with
respect to only 1 qualifying individual for the taxable
year, or
``(B) $2,400 if such expenses are incurred for 2 or
more qualifying individuals for such taxable year.
``(d) Qualifying Individual.--For purposes of this section, the
term `qualifying individual' means--
``(1) a dependent of the taxpayer who is under the age of
13 and with respect to whom the taxpayer is entitled to a
deduction under section 151(c),
``(2) a dependent of the taxpayer who is physically or
mentally incapable of caring for himself, or
``(3) the spouse of the taxpayer, if he is physically or
mentally incapable of caring for himself.''
(b) Technical and Conforming Amendments.--
(1) Paragraph (5) of section 21(e) of such Code is amended
by striking ``subparagraph (A) or (B) of subsection (b)(1)''
and inserting ``paragraph (1) or (2) of subsection (d)''.
(2) Paragraph (2) of section 129(b) of such Code is amended
by striking ``section 21(d)(2)'' and inserting ``section
21(b)(3)(B)''.
(3) Paragraph (1) of section 129(e) of such Code is amended
by striking ``under section 21(b)(2) (relating to expenses for
household and dependent care services necessary for gainful
employment)'' and inserting ``or respite care services under
section 21 (relating to dependent care services)''.
(4) Subparagraph (H) of section 6213(g)(2) of such Code is
amended by striking ``section 21 (related to expenses for
household and dependent care services necessary for gainful
employment)'' and inserting ``section 21 (relating to dependent
care services)''.
(5) The item relating to section 21 in the table of
sections for subpart A of part IV of subchapter A of chapter 1
of such Code is amended to read as follows:
``Sec. 21. Dependent care services.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1996. | Amends the Internal Revenue Code to increase the income tax credit for employment-related dependent care expenses. Adds respite care expenses to the credit's scope. | To amend the Internal Revenue Code of 1986 to increase the amount of the dependent care credit and to allow such credit for respite care expenses. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Fuels Act of 2012''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered entity.--The term ``covered entity'' means--
(A) any entity engaged in the design, manufacture,
sale, or distribution of any qualified product, blend
stock, or component of any qualified product; or
(B) any entity engaged in the design, manufacture,
sale, or distribution of any motor vehicle, motor
vehicle engine, nonroad vehicle, nonroad engine, or
nonroad equipment.
(2) Motor vehicle.--The term ``motor vehicle'' has the
meaning given the term in section 216 of the Clean Air Act (42
U.S.C. 7550).
(3) Motor vehicle engine.--The term ``motor vehicle
engine'' means an engine in a motor vehicle.
(4) Nonroad engine.--The term ``nonroad engine'' has the
meaning given the term in section 216 of the Clean Air Act (42
U.S.C. 7550).
(5) Nonroad equipment.--The term ``nonroad equipment''
means any recreational, construction, industrial, agricultural,
logging, residential, commercial lawn and garden, or other
equipment that incorporates a nonroad engine.
(6) Nonroad vehicle.--The term ``nonroad vehicle'' has the
meaning given the term in section 216 of the Clean Air Act (42
U.S.C. 7550).
(7) Person.--The term ``person'' has the meaning given the
term in section 1 of title 1, United States Code, except that
the term includes any governmental entity.
(8) Qualified civil liability action.--The term ``qualified
civil liability action'' means any civil action or proceeding
brought by any person against a covered entity for damages,
punitive damages, injunctive or declaratory relief, abatement,
restitution, fines, penalties, or other relief, resulting from
the introduction of any qualified product into any motor
vehicle, motor vehicle engine, nonroad vehicle, nonroad engine,
or nonroad equipment.
(9) Qualified product.--The term ``qualified product''
means--
(A) any transportation fuel or transportation fuel
additive that is registered, or for which an updated
registration is accepted, for introduction into
interstate commerce by the Administrator of the
Environmental Protection Agency under section 211(b) of
the Clean Air Act (42 U.S.C. 7545(b)) or any other
Federal law enacted on or after October 13, 2010; or
(B) a transportation fuel or transportation fuel
additive that--
(i) contains any renewable fuel (as defined
in section 211(o)(1) of the Clean Air Act (42
U.S.C. 7545(o)(1))); and
(ii) is designated for introduction into
interstate commerce by the Administrator of the
Environmental Protection Agency or the
Secretary of Energy under the Clean Air Act (42
U.S.C. 7401 et seq.), the Energy Policy Act of
1992 (42 U.S.C. 13201 et seq.), or any other
Federal law enacted on or after October 13,
2010.
(10) State.--The term ``State'' means--
(A) each of the several States of the United
States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
SEC. 3. FUEL COMPATIBILITY.
(a) Compatibility.--Subtitle I of the Solid Waste Disposal Act (42
U.S.C. 9001 et seq.) is amended--
(1) by redesignating section 9014 as section 9015; and
(2) by inserting after section 9013 the following:
``SEC. 9014. COMPATIBILITY.
``(a) Definitions.--In this section:
``(1) Associated dispensing equipment.--The term
`associated dispensing equipment' means equipment that is--
``(A) for the storage and dispensing of any fuel or
fuel additive described in subsection (b)(3) at a
stationary facility that dispenses the fuel or fuel
additive into any fuel tank of any motor vehicle, motor
vehicle engine, nonroad vehicle, nonroad engine, or
nonroad equipment; and
``(B) subject to regulation under sections 1910.106
and 1926.152 of title 29, Code of Federal Regulations
(as in effect on the date of enactment of the Domestic
Fuels Act of 2012).
``(2) Compatible.--The term `compatible' has the meaning
given the term in section 280.12 of title 40, Code of Federal
Regulations (as in effect on the date of enactment of the
Domestic Fuels Act of 2012).
``(3) Provider of financial assurance.--The term `provider
of financial assurance' has the meaning given the term in
section 280.92 of title 40, Code of Federal Regulations (as in
effect on the date of enactment of the Domestic Fuels Act of
2012).
``(4) Underground storage tank.--The term `underground
storage tank' has the meaning given the term in section 280.12
of title 40, Code of Federal Regulations (as in effect on the
date of enactment of the Domestic Fuels Act of 2012).
``(5) Underground storage tank system.--The term
`underground storage tank system' means an underground storage
tank, connected underground piping, underground ancillary
equipment, and containment system, if any.
``(b) Compatibility With Fuels.--
``(1) Liability.--No person shall be liable under any
provision of this Act or any other Federal, State, or local
law, including common law, because any underground storage
tank, underground storage tank system, or associated dispensing
equipment that stores or dispenses any fuel or fuel additive
described in paragraph (3)(A) is not compatible with the fuel
or fuel additive if the tank, system, or equipment has been
determined to be compatible with the fuel or fuel additive
under the guidelines or regulations described in paragraph (3).
``(2) Financial assurance.--A provider of financial
assurance shall not deny payment for any claim on the basis
that any underground storage tank, underground storage tank
system, or associated dispensing equipment that stores or
dispenses any fuel or fuel additive described in paragraph
(3)(A) is not compatible with the fuel or fuel additive if the
tank, system, or equipment has been determined to be compatible
with the fuel or fuel additive under the guidelines or
regulations described in paragraph (3).
``(3) Guidelines and regulations.--
``(A) In general.--Paragraph (1) applies to any
underground storage tank and underground storage tank
system that meets any guidance or regulation, which may
be revised under subparagraph (B), issued by the
Administrator existing on the date of enactment of the
Domestic Fuels Act of 2012 addressing compatibility of
such tanks or systems with any fuel or fuel additive
that is authorized and registered, or for which an
updated registration is accepted, by the Administrator
or under any Federal law, for use in a motor vehicle,
motor vehicle engine, nonroad vehicle, nonroad engine,
or nonroad equipment.
``(B) Regulations.--
``(i) In general.--Not later than 1 year
after the date of enactment of the Domestic
Fuels Act of 2012, the Administrator shall
promulgate, or if applicable revise,
regulations setting standards for determining
whether any underground storage tank,
underground storage tank system, and associated
dispensing equipment is compatible with any
fuel or fuel additive that is authorized and
registered, or for which an updated
registration is accepted, by the Administrator
or under any Federal law for use in a motor
vehicle, motor vehicle engine, nonroad vehicle,
nonroad engine, or nonroad equipment.
``(ii) Minimum standards.--Regulations
promulgated under subparagraph (B) shall
include minimum standards and processes for
certification by the Administrator, owner,
operator, manufacturer, or any other entity
identified by the Administrator to ensure
compatibility.
``(4) Underground storage tanks, underground storage tank
systems, and associated dispensing equipment previously listed
as compatible.--Any underground storage tank, underground
storage tank system, or associated dispensing equipment that,
as of the date of enactment of the Domestic Fuels Act of 2012,
has been listed by a nationally recognized testing laboratory
as compatible with a fuel or fuel additive described in
paragraph (3) shall be compatible under the regulations issued
under this subsection.
``(5) Administration.--Nothing in this section affects--
``(A) the introduction into commerce, offering for
sale, or sale of any fuel or fuel additive; or
``(B) any applicable requirement, including any
requirement under section 211(o) of the Clean Air Act
(42 U.S.C. 7545(o)).''.
(b) Conforming Amendments.--The Solid Waste Disposal Act is
amended--
(1) in section 9003(h)(12)(A) (42 U.S.C. 6991b(h)(12)(A)),
by striking ``section 9014(2)(B)'' and inserting ``section
9015(2)(B)'';
(2) in section 9004(f)(1)(A) (42 U.S.C. 6991c(f)(1)(A)), by
striking ``section 9014(2)(A)'' and inserting ``section
9015(2)(A)''; and
(3) in section 9011 (42 U.S.C. 6991j), by striking
``section 9014(2)(D)'' and inserting ``section 9015(2)(D)''.
(c) Table of Contents.--The table of contents contained in section
1001 of the Solid Waste Disposal Act (42 U.S.C. 6901) is amended by
striking the item relating to section 9014 and inserting the following:
``Sec. 9014. Compatibility.
``Sec. 9015. Authorization of Appropriations.''.
SEC. 4. MISFUELING.
(a) In General.--Section 211(g) of the Clean Air Act (42 U.S.C.
7545(g)) is amended by adding at the end the following:
``(3) Regulations.--
``(A) Definitions.--In this paragraph:
``(i) Associated dispensing equipment.--The
term `associated dispensing equipment' has the
meaning given the term in section 9014(a) of
the Solid Waste Disposal Act.
``(ii) Transportation fuel.--The term
`transportation fuel' means any fuel that
contains fuel or fuel additive that is
authorized after January 1, 2010, by the
Administrator or under any Federal law, for use
in any motor vehicle, motor vehicle engine,
nonroad vehicle, nonroad engine, or nonroad
equipment.
``(B) Liability.--
``(i) In general.--Except as provided in
clause (ii), no person shall be liable under
any provision of this Act or any Federal,
State, or local law, including common law, if--
``(I) a self-service purchaser
introduces any transportation fuel into
any motor vehicle, motor vehicle
engine, nonroad vehicle, or nonroad
equipment for which the fuel has not
been approved under subsection (f); or
``(II) the introduction of any
transportation fuel voids the warranty
of the manufacturer of the motor
vehicle, motor vehicle engine, nonroad
engine, nonroad vehicle, or nonroad
equipment.
``(ii) Exceptions.--Clause (i) shall not
apply to--
``(I) a person who sells any
transportation fuel and does not comply
with the misfueling regulations adopted
by the Administrator under section
80.1501 of title 40, Code of Federal
Regulations (or successor regulation);
or
``(II) a person who intentionally
misfuels.''.
(b) Penalties.--Section 211(d) of the Clean Air Act (42 U.S.C.
7545(d)) is amended--
(1) in paragraph (1), in the first sentence, by inserting
``(g),'' after ``or the regulations prescribed under subsection
(c),''; and
(2) in paragraph (2), in the first sentence, by inserting
``(g),'' after ``of the regulations prescribed under
subsections (c),''.
SEC. 5. QUALIFIED CIVIL LIABILITY ACTIONS IN FEDERAL COURT AND STATE
COURT.
(a) In General.--No qualified civil liability action shall be filed
or maintained in any court of the United States or any State court.
(b) Dismissal of Pending Actions.--Any qualified civil liability
action pending in any court of the United States or any State court on
or after the date of enactment of this Act shall be dismissed with
prejudice.
SEC. 6. SAFE HARBOR.
Notwithstanding any other provision of Federal, State, or local
law, including common law, no qualified product, blend stock, or
component of a qualified product shall be considered to be a defective
product, if the qualified product does not violate a control or
prohibition with respect to any characteristic or component of the
qualified product imposed by the Administrator of the Environmental
Protection Agency under section 211 of the Clean Air Act (42 U.S.C.
7545). | Domestic Fuels Act of 2012 - Amends the Solid Waste Disposal Act to provide that no person shall be liable under any federal, state, or local law, and no provider of financial assurance may deny payment for a claim, because an underground storage tank, underground storage tank system, or associated dispensing equipment at a stationary facility is not compatible with any fuel or fuel additive for use in a motor vehicle, nonroad vehicle, or engine if such tank or equipment has been determined to be compatible pursuant to the guidelines and regulations issued under this Act.
Directs the Administrator of the Environmental Protection Agency (EPA) to issue regulations setting standards for determining whether underground storage tanks and systems and associated dispensing equipment are compatible with any fuel or fuel additive that is authorized and registered by the Administrator or by statute for use in a motor vehicle or engine or nonroad vehicle, engine, or equipment.
Deems tanks, systems, and equipment that have been listed by a nationally recognized testing laboratory as compatible with such a fuel or fuel additive as of the date of enactment of this Act to be compatible under such regulations.
Amends the Clean Air Act to prohibit a person selling such fuel who complies with such regulations from being liable under any federal, state, or local law if: (1) a self-service purchaser introduces any such fuel into a vehicle, engine, or equipment for which the fuel has not been approved under such Act; or (2) the introduction of any such fuel voids the warranty of the manufacturer of such vehicles, engines, or equipment. Excludes from such protection: (1) a person who sells a transportation fuel and does not comply with the misfueling regulations adopted by the Administrator, and (2) a person who intentionally misfuels.
Prohibits filing or maintaining in any U.S. or state court any civil action or proceeding against an entity engaged in the design, manufacture, sale, or distribution of any qualified product, component thereof, or blend stock or of any motor vehicle, engine, or nonroad equipment for damages, abatement, restitution, fines, penalties, or other relief resulting from the introduction of any such product into a motor vehicle, engine, or nonroad equipment. Requires pending actions to be dismissed with prejudice. Defines a "qualified product" as any transportation fuel or fuel additive that is registered under federal law or any transportation fuel or fuel additive that contains renewable fuel and that is designated for introduction into interstate commerce under federal law.
Prohibits a qualified product, any component of such product, or any blend stock from being considered a defective product if it does not violate a control or prohibition with respect to any of its characteristics or components imposed by the Administrator under the Clean Air Act. | A bill to provide liability protection for claims based on the design, manufacture, sale, offer for sale, introduction into commerce, or use of certain fuels and fuel additives, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Emergency Relief Act
of 2001''.
SEC. 2. LOANS FOR DISASTER OF SEPTEMBER 11, 2001.
(a) In General.--The Administrator of the Small Business
Administration may make loans under section 7(b) of the Small Business
Act (15 U.S.C. 636(b)) to small business concerns and other entities
made eligible under subsection (b) that were injured as a result of the
terrorist attacks against the United States that occurred on September
11, 2001.
(b) Special Rules.--Notwithstanding the requirements of section
7(b) of the Small Business Act (15 U.S.C. 636(b)), the following
special rules apply to loans described in subsection (a):
(1) Purpose of loans.--The Administrator may make such
loans for--
(A) repair, rehabilitation, refinancing, or
replacement of damaged or destroyed real or personal
property; and
(B) any economic injury.
(2) Interest rate.--The Administrator may charge interest
on any such loan. Such charge may not exceed a rate of 4
percent per year.
(3) Amount of loans.--For the purpose of such loans, if the
Administrator considers it necessary or appropriate, the
Administrator may waive the $1,500,000 limitation on the total
amount that can be outstanding and committed to a concern under
section 7(b) of the Small Business Act (15 U.S.C. 636(b)).
(4) Credit elsewhere.--The Administrator may make such
loans without regard to the ability of a small business concern
to obtain credit elsewhere.
(5) Waiver of size standards.--For the purpose such loans,
if the Administrator determines it to be necessary or
appropriate, the Administrator may waive any size standard
established under section 3(a)(2) of the Small Business Act (15
U.S.C. 632(a)(2)) with respect to a business concern that does
not exceed 150 percent (or, in the case of a financial
institution, 200 percent) of each size standard applicable to
such concern.
(6) Charitable organizations.--The Administrator may make
such a loan to any charitable organization as the Administrator
determines necessary or appropriate.
(c) Termination.--The Administrator may not make a loan pursuant to
the special rules of this section after the end of the 1-year period
beginning on the date of the enactment of this Act.
SEC. 3. LOAN FORGIVENESS.
(a) In General.--Upon application by a small business concern which
is the recipient of a loan made under the Small Business Act (15 U.S.C.
631 et seq.) and which has suffered a substantial economic injury as a
result of the terrorist attacks against the United States that occurred
on September 11, 2001, the Administrator may undertake all or part of
the small business concern's obligation to make the required payments
under such loan, or may forgive all or part of such obligation if the
loan was a direct loan made by the Administrator, if, and to the extent
that, the Administrator considers such undertaking or forgiveness to be
necessary or appropriate.
(b) Termination.--The Administrator may not forgive or undertake
any loan under subsection (a) after the end of the 1-year period
beginning on the date of the enactment of this Act.
SEC. 4. PROHIBITION ON SALE OF DISASTER LOANS.
Section 4 of the Small Business Act (15 U.S.C. 633) is amended by
adding at the end the following:
``(g) Prohibition on Sale of Disaster Loans.--The Administrator may
not sell any portion of the Administration's interest in, or the rights
of the Administration with respect to, any loan made directly or
through immediate participation under section 7(b), including by direct
sale, through the sale of loan participations, or by including such
loans in a pool of assets for the purpose of selling asset-backed
securities.''.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration.
(2) Charitable organization.--The term ``charitable
organization'' means an organization described in section
501(c)(3) of the Internal Revenue Code of 1986.
(3) Credit elsewhere.--The term ``credit elsewhere'' has
the meaning given such term in section 3(h) of the Small
Business Act (15 U.S.C. 632(h)).
(4) Small business concern.--The term ``small business
concern'' has the meaning given such term in section 3(a) of
the Small Business Act (15 U.S.C. 632(a)).
(5) Substantial economic injury.--The term ``substantial
economic injury'' has the meaning given such term in section
7(b)(3)(A)(iii) of the Small Business Act (15 U.S.C.
636(b)(3)(A)(iii)). | Small Business Emergency Relief Act of 2001 Authorizes the Administrator of the Small Business Administration to make disaster loans to small business concerns and other eligible entities that were injured as a result of the September 11, 2001, terrorists attacks. Makes such loans available for repair, rehabilitation, refinancing, or replacement of damaged or destroyed real or personal property and any economic injury. Includes charitable organizations among those eligible for such loans.Authorizes the Administrator to forgive or undertake obligations under loans already made under the Small Business Act to recipients which have suffered substantial economic injury as a result of the September 11, 2001, terrorist attacks.Amends the Small Business Act to prohibit the sale of disaster loans. | To authorize the Administrator of the Small Business Administration to make loans to certain concerns that suffered economic and other injury as result of the terrorist attacks against the United States that occurred on September 11, 2001, and for other purposes. |
SECTION 1. PURPOSES.
Section 4301(a)(2) of title 38, United States Code, is amended by
striking ``under honorable conditions''.
SEC. 2. DEFINITIONS.
Section 4303 of title 38, United States Code, is amended--
(1) in paragraph (2), by striking ``work performed'' and
inserting ``work not performed''; and
(2) in paragraph (16), by inserting ``national'' before
``emergency''.
SEC. 3. DISCRIMINATION AGAINST PERSONS WHO SERVE IN THE UNIFORMED
SERVICES AND ACTS OF REPRISAL PROHIBITED.
Section 4311 of title 38, United States Code, is amended by
striking subsections (b) and (c) and inserting the following:
``(b) An employer may not discriminate in employment against or
take any adverse employment action against any person because such
person (1) has taken an action to enforce a protection afforded any
person under this chapter, (2) has testified or otherwise made a
statement in or in connection with any proceeding under this chapter,
(3) has assisted or otherwise participated in an investigation under
this chapter, or (4) has exercised a right provided for in this
chapter. The prohibition in this subsection shall apply with respect to
a person regardless of whether that person has performed service in the
uniformed services.
``(c) An employer shall be considered to have engaged in actions
prohibited--
``(1) under subsection (a), if the person's membership,
application for membership, service, application for service,
or obligation for service in the uniformed services is a
motivating factor in the employer's action, unless the employer
can prove that the action would have been taken in the absence
of such membership, application for membership, service,
application for service, or obligation for service; or
``(2) under subsection (b), if the person's (A) action to
enforce a protection afforded any person under this chapter,
(B) testimony or making of a statement in or in connection with
any proceeding under this chapter, (C) assistance or other
participation in an investigation under this chapter, or (D)
exercise of a right provided for in this chapter, is a
motivating factor in the employer's action, unless the employer
can prove that the action would have been taken in the absence
of such person's enforcement action, testimony, statement,
assistance, participation, or exercise of a right.
``(d) The prohibitions in subsections (a) and (b) shall apply to
any position of employment, including a position that is described in
section 4312(d)(1)(C).''.
SEC. 4. REEMPLOYMENT RIGHTS OF PERSONS WHO SERVE IN THE UNIFORMED
SERVICES.
(a) Inclusion of Preparation and Travel Time Prior to Service.--
Section 4312(a) of title 38, United States Code, is amended by striking
``who is absent from a position of employment'' and inserting ``whose
absence from a position of employment is necessitated''.
(b) Limitation on Service Exemption to War or National Emergency.--
Section 4312(c)(4)(B) of such title is amended to read as follows:
``(B) ordered to or retained on active duty (other
than for training) under any provision of law because
of a war or because of a national emergency declared by
the President or the Congress as determined by the
Secretary concerned;''.
(c) Brief, Nonrecurrent Periods of Service.--Section 4312(d)(2)(C)
of such title is amended by striking ``is brief or for a nonrecurrent
period and without a reasonable expectation'' and inserting ``is for a
brief, nonrecurrent period and there is no reasonable expectation''.
(d) Conforming Amendments to Redes- ignations in Title 10.--Section
4312(c) of such title is amended--
(1) in paragraph (3), by striking ``section 270'' and
inserting ``section 10147''; and
(2) in paragraph (4)--
(A) by striking ``section 672(a), 672(g), 673,
673b, 673c, or 688'' in subparagraph (A) and inserting
``section 688, 12301(a), 12301(g), 12302, 12304, or
12305'';
(B) by striking ``section 673b'' in subparagraph
(C) and inserting ``section 12304''; and
(C) by striking ``section 3500 or 8500'' in
subparagraph (E) and inserting ``section 12406''.
SEC. 5. REEMPLOYMENT POSITIONS.
Section 4313(a)(4) of title 38, United States Code, is amended--
(1) by striking ``uniform services'' in clause (A)(ii) and
inserting ``uniformed services''; and
(2) by striking ``of lesser status and pay which'' and
inserting ``which is the nearest approximation to a position
referred to first in clause (A)(i) and then in clause (A)(ii)
which''.
SEC. 6. HEALTH PLANS.
Section 4317(a) of title 38, United States Code, is amended--
(1) by striking ``(a)(1)(A) Subject to paragraphs (2) and
(3), in'' and inserting ``(a)(1) In'';
(2) by redesignating clauses (i) and (ii) of paragraph (1)
(as amended by paragraph (1) of this section) as subparagraphs
(A) and (B), respectively;
(3) by redesignating subparagraph (B) as paragraph (2); and
(4) by redesignating subparagraph (C) as paragraph (3), and
in that paragraph by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), and by redesignating subclauses (I)
and (II) as clauses (i) and (ii), respectively.
SEC. 7. EMPLOYEE PENSION BENEFIT PLANS.
The last sentence of section 4318(b)(2) of title 38, United States
Code, is amended by striking ``services,'' and inserting ``services,
such payment period''.
SEC. 8. ENFORCEMENT OF EMPLOYMENT OR REEMPLOYMENT RIGHTS.
(a) Technical Amendment.--The second sentence of section 4322(d) of
title 38, United States Code, is amended by inserting ``attempt to''
before ``resolve''.
(b) Notification.--Section 4322(e) of such title is amended--
(1) in the matter preceding paragraph (1), by striking
``with respect to a complaint under subsection (d) are
unsuccessful,'' and inserting ``with respect to any complaint
filed under subsection (a) do not resolve the complaint,''; and
(2) in paragraph (2), by inserting ``or the Office of
Personnel Management'' after ``Federal executive agency''.
SEC. 9. ENFORCEMENT OF RIGHTS WITH RESPECT TO A STATE OR PRIVATE
EMPLOYER.
Section 4323(a) of title 38, United States Code, is amended--
(1) in paragraph (1), by striking ``of an unsuccessful
effort to resolve a complaint''; and
(2) in paragraph (2)(A), by striking ``regarding the
complaint under section 4322(c)'' and inserting ``under section
4322(a)''.
SEC. 10. ENFORCEMENT OF RIGHTS WITH RESPECT TO FEDERAL EXECUTIVE
AGENCIES.
(a) Referral.--Section 4324(a)(1) of title 38, United States Code,
is amended by striking ``of an unsuccessful effort to resolve a
complaint relating to a Federal executive agency''.
(b) Alternative Submission of Complaint.--Section 4324(b) of such
title is amended--
(1) in the matter preceding paragraph (1), by inserting
``or the Office of Personnel Management'' after ``Federal
executive agency''; and
(2) in paragraph (1), by striking ``regarding a complaint
under section 4322(c)'' and inserting ``under section
4322(a)''.
(c) Relief.--Section 4324(c)(2) of such title is amended--
(1) by inserting ``or the Office of Personnel Management''
after ``Federal executive agency''; and
(2) by striking ``employee'' and inserting ``Office''.
SEC. 11. ENFORCEMENT OF RIGHTS WITH RESPECT TO CERTAIN FEDERAL
AGENCIES.
Section 4325(d)(1) of title 38, United States Code, is amended--
(1) by striking ``, alternative employment in the Federal
Government under this chapter,''; and
(2) by striking ``employee'' the last place it appears and
inserting ``employees''.
SEC. 12. CONDUCT OF INVESTIGATION; SUBPOENAS.
Section 4326(a) of title 38, United States Code, is amended by
inserting ``have reasonable access to and the right to interview
persons with information relevant to the investigation and shall''
after ``at all reasonable times,''.
SEC. 13. TRANSITION RULES AND EFFECTIVE DATES.
(a) Reemployment.--Section 8(a) of the Uniformed Services
Employment and Reemployment Rights Act of 1994 (38 U.S.C. 4301 note) is
amended--
(1) in paragraph (3), by adding at the end thereof the
following: ``Any service begun up to 60 days after the date of
enactment of this Act, which is served up to 60 days after the
date of enactment of this Act pursuant to orders issued under
section 502(f) of chapter 5 of title 32, United States Code,
shall be considered under chapter 43 of title 38, United States
Code, as in effect on the day before such date of enactment.
Any service pursuant to orders issued under section 502(f) of
chapter 5 of title 32, United States Code, served after 60 days
after the date of enactment of this Act, regardless of when
begun, shall be considered under the amendments made by this
Act.''; and
(2) in paragraph (4), by striking ``such period'' and
inserting ``such 60-day period''.
(b) Insurance.--Section 8(c)(2) of such Act is amended by striking
``person on active duty'' and inserting ``person serving a period of
service in the uniformed services''.
SEC. 14. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b), the
amendments made by this Act shall take effect as of October 13, 1994.
(b) Reorganized Title 10 References.--The amendments made by
section 4(d) shall take effect as of December 1, 1994. | Removes the requirement that individuals performing temporary military service be discharged from such service under honorable conditions in order to be eligible for certain reemployment rights in the positions interrupted by such service.
States that an employer shall be considered to have engaged in prohibited discrimination against an employee if the person's action in enforcing a protection, testimony or statement, assistance or other participation in an investigation, or other exercise of a right is a motivating factor in the employer's action, unless the employer can prove that the employer's action would have been taken in the absence of such person's action.
Allows individuals to bring complaints concerning reemployment rights and prohibited actions against the Office of Personnel Management (currently, against Federal executive agencies). Repeals a provision that such reemployment rights shall not be construed to prohibit a person from seeking alternative employment in the Federal Government. Empowers the Secretary of Labor's authorized representative with reasonable access to, and the right to interview, persons with information relevant to the investigation.
Amends the Uniformed Services Employment and Reemployment Rights Act of 1994 to remove the requirement that a person must have served on active duty in order to be eligible for the continuation of employer-provided insurance. | To amend title 38, United States Code, to make clarifying and technical amendments to further clarify the employment and reemployment rights and responsibilities of members of the uniformed services, as well as those of the employer community, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Exemption Relief Act
of 2009''.
SEC. 2. ELECTION OF COVERAGE FOR CERTAIN NONCOVERED EMPLOYEES.
(a) In General.--Section 210 of the Social Security Act (42 U.S.C.
410)) is amended by adding at the end the following new subsection:
``Inclusion of Service Under Elections Made by Certain Noncovered
Employees
``(s) Notwithstanding any other provision of this section, the term
`employment' shall include any service with respect to which an
election under section 3121(k)(2) of the Internal Revenue Code of 1986
applies.''.
(b) Election.--Section 3121 of the Internal Revenue Code of 1986
(definitions applicable to tax under Federal Insurance Contributions
Act) is amended by inserting after subsection (j) the following new
subsection:
``(k) Optional Inclusion of Coverage of Service of Certain
Noncovered Employees.--
``(1) Inclusion of service as employment.--Notwithstanding
any other provision of this section, the term `employment'
shall for purposes of this chapter include any service with
respect to which an election under paragraph (2) applies.
``(2) Election of inclusion.--
``(A) In general.--Any individual whose service for
any employer is excluded from `employment' under
subsection (b) may, at his option, elect--
``(i) to have any such service performed by
him, during pay periods commencing after 30
days after the date of such election, included
as `employment',
``(ii) to be subject to the taxes imposed
by section 3101 for such taxable year with
respect to such service, and
``(iii) to have the employer subject to the
tax under section 3111 for such taxable year
with respect to such service.
``(B) Applicability of election.--An election made
by an individual under this paragraph--
``(i) shall apply with respect to all
service performed by such individual for the
employer described in subparagraph (A) during
pay periods described in subparagraph (A)(i) to
the extent that such service would not
constitute `employment' for purposes of this
chapter but for this subsection, and
``(ii) shall be irrevocable.
``(C) Requirement of minimum annual remuneration.--
An election made by an individual under this paragraph
shall take effect only if such individual has received
remuneration in the amount of at least $400 for service
of the type to which the election applies which was
performed by such individual for the employer described
in subparagraph (A) during the taxable year in which
the election is made.
``(D) Manner of election.--
``(i) In general.--An election by an
individual under this paragraph may be made
only in such form and manner as shall be
prescribed by the Secretary, in consultation
with the Commissioner of Social Security,
including timely written notice of the election
provided by the employee to the employer.
``(ii) Declaration of minimum annual
remuneration.--An election shall not be treated
as made in accordance with clause (i) unless
the election includes a written declaration by
the employee, in such form as shall be
prescribed by the Secretary, that the
requirements of subparagraph (C) have been met
in connection with the election.
``(3) Regulations.--The Secretary, in consultation with the
Commissioner of Social Security, shall prescribe such
regulations as may be necessary or appropriate to carry out
this subsection. Such regulations shall--
``(A) establish procedures to deal with any
administrative or other problems which may result from
elections made under this subsection;
``(B) provide for the interchange of information
between the Secretary and the Commissioner; and
``(C) include such other provisions, conditions,
and requirements as may be necessary or appropriate for
the administration of this subsection and the related
provisions of title II of the Social Security Act.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply only with respect to
service performed in taxable years beginning after 90 days after the
date of the enactment of this Act. | Social Security Exemption Relief Act of 2009 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act and the Internal Revenue Code to allow an employee, whose employment is not otherwise covered for Social Security benefit purposes (as in the case of an independent contractor), to elect irrevocably to have that employment treated as so covered and the employer be subject to Social Security taxes. | To amend title II of the Social Security Act and the Internal Revenue Code of 1986 to provide that an employee whose employment for an employer is not otherwise covered for social security benefit purposes may irrevocably elect to have his or her employment with such employer treated as so covered and subject to social security taxes. |