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SECTION 1. CONVEYANCE OF PROPERTY TO THE TANANA TRIBAL COUNCIL.
(a) Conveyance of Property.--
(1) In general.--As soon as practicable, but not later than
180 days, after the date of enactment of this Act, the
Secretary of Health and Human Services (referred to in this Act
as the ``Secretary'') shall convey to the Tanana Tribal Council
located in Tanana, Alaska (referred to in this section as the
``Council''), all right, title, and interest of the United
States in and to the property described in subsection (b) for
use in connection with health and social services programs.
(2) Effect on any quitclaim deed.--The conveyance by the
Secretary of title by warranty deed under this subsection
shall, on the effective date of the conveyance, supersede and
render of no future effect any quitclaim deed to the property
described in subsection (b) executed by the Secretary and the
Council.
(3) Conditions.--The conveyance of the property under this
section--
(A) shall be made by warranty deed; and
(B) shall not--
(i) require any consideration from the
Council for the property;
(ii) impose any obligation, term, or
condition on the Council; or
(iii) allow for any reversionary interest
of the United States in the property.
(b) Property Described.--The property, including all land,
improvements, and appurtenances, described in this subsection is the
property included in U.S. Survey No. 5958, Lot 12, in the village of
Tanana, Alaska, within surveyed Township 4N, Range 22W, Fairbanks
Meridian, Alaska, containing 11.25 acres.
(c) Environmental Liability.--
(1) Liability.--
(A) In general.--Notwithstanding any other
provision of law, the Council shall not be liable for
any soil, surface water, groundwater, or other
contamination resulting from the disposal, release, or
presence of any environmental contamination on any
portion of the property described in subsection (b) on
or before the date on which the property is conveyed to
the Council.
(B) Environmental contamination.--An environmental
contamination described in subparagraph (A) includes
any oil or petroleum products, hazardous substances,
hazardous materials, hazardous waste, pollutants, toxic
substances, solid waste, or any other environmental
contamination or hazard as defined in any Federal or
State of Alaska law.
(2) Easement.--The Secretary shall be accorded any easement
or access to the property conveyed under this section as may be
reasonably necessary to satisfy any retained obligation or
liability of the Secretary.
(3) Notice of hazardous substance activity and warranty.--
In carrying out this section, the Secretary shall comply with
subparagraphs (A) and (B) of section 120(h)(3) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)(3)).
SEC. 2. CONVEYANCE OF PROPERTY TO THE BRISTOL BAY AREA HEALTH
CORPORATION.
(a) Conveyance of Property.--
(1) In general.--As soon as practicable, but not later than
180 days, after the date of enactment of this Act, the
Secretary shall convey to the Bristol Bay Area Health
Corporation located in Dillingham, Alaska (referred to in this
section as the ``Corporation''), all right, title, and interest
of the United States in and to the property described in
subsection (b) for use in connection with health and social
services programs.
(2) Effect on any quitclaim deed.--The conveyance by the
Secretary of title by warranty deed under this subsection
shall, on the effective date of the conveyance, supersede and
render of no future effect any quitclaim deed to the property
described in subsection (b) executed by the Secretary and the
Corporation.
(3) Conditions.--The conveyance of the property under this
section--
(A) shall be made by warranty deed; and
(B) shall not--
(i) require any consideration from the
Corporation for the property;
(ii) impose any obligation, term, or
condition on the Corporation; or
(iii) allow for any reversionary interest
of the United States in the property.
(b) Property Described.--The property, including all land,
improvements, and appurtenances, described in this subsection is the
property included in Dental Annex Subdivision, creating tract 1, a
subdivision of Lot 2 of U.S. Survey No. 2013, located in Section 36,
Township 13 South, Range 56 West, Seward Meridian, Bristol Bay
Recording District, Dillingham, Alaska, according to Plat No. 2015-8,
recorded on May 28, 2015, in the Bristol Bay Recording District,
Dillingham, Alaska, containing 1.474 acres more or less.
(c) Environmental Liability.--
(1) Liability.--
(A) In general.--Notwithstanding any other
provision of law, the Corporation shall not be liable
for any soil, surface water, groundwater, or other
contamination resulting from the disposal, release, or
presence of any environmental contamination on any
portion of the property described in subsection (b) on
or before the date on which the property is conveyed to
the Corporation.
(B) Environmental contamination.--An environmental
contamination described in subparagraph (A) includes
any oil or petroleum products, hazardous substances,
hazardous materials, hazardous waste, pollutants, toxic
substances, solid waste, or any other environmental
contamination or hazard as defined in any Federal or
State of Alaska law.
(2) Easement.--The Secretary shall be accorded any easement
or access to the property conveyed under this section as may be
reasonably necessary to satisfy any retained obligation or
liability of the Secretary.
(3) Notice of hazardous substance activity and warranty.--
In carrying out this section, the Secretary shall comply with
subparagraphs (A) and (B) of section 120(h)(3) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)(3)). | This bill directs the Department of Health and Human Services (HHS) to convey to the Tanana Tribal Council in Tanana, Alaska, all interest of the United States in and to certain property (including all land, improvements, and appurtenances) containing 11.25 acres, in the village of Tanana for use in connection with health and social services programs. HHS shall convey to the Bristol Bay Area Health Corporation in Dillingham, Alaska, all interest of the United States in and to certain property included in the Dental Annex Subdivision (including all land, improvements, and appurtenances) containing 1.474 acres more or less, also for use in connection with health and social services programs. Neither the Tanana Tribal Council nor the Corporation shall be liable for soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of environmental contamination, including oil or petroleum products, or hazardous substances on any of the properties. | To provide for the conveyance of certain property to the Tanana Tribal Council located in Tanana, Alaska, and to the Bristol Bay Area Health Corporation located in Dillingham, Alaska, and for other purposes. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Citizen Debt
Reduction Contribution Act''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Sense of the Congress.
Sec. 3. Income tax refunds.
Sec. 4. Donation of social security benefits for purposes of reducing
the Federal deficit.
Sec. 5. Donation of military retirement benefits for purposes of
reducing the Federal deficit.
Sec. 6. Donation of veterans' disability compensation for purposes of
reducing the Federal deficit.
Sec. 7. Budgetary treatment of savings resulting from this Act.
SEC. 2. SENSE OF THE CONGRESS.
It is the sense of the Congress that any budget savings resulting
from this Act should be used solely to reduce net Government spending.
Congress appreciates and respects the contributions made by citizens
participating in the programs authorized by this Act, and shares their
concerns at excessive Government spending.
SEC. 3. INCOME TAX REFUNDS.
(a) General Rule.--Subchapter A of chapter 61 of the Internal
Revenue Code of 1986 (relating to returns and records) is amended by
adding at the end the following new part:
``PART IX--DESIGNATION OF INCOME TAX OVERPAYMENTS TO BE USED TO REDUCE
PUBLIC DEBT
``Sec. 6097. Designation of income tax
overpayments.
``SEC. 6097. DESIGNATION OF INCOME TAX OVERPAYMENTS.
``(a) General Rule.--Every taxpayer who makes a return of the tax
imposed by chapter 1 for any taxable year may designate that a
specified portion (not less than $1) of any overpayment of tax for such
taxable year shall be used to reduce the public debt of the United
States.
``(b) Manner and Time of Designation.--Any designation under
subsection (a) for any taxable year shall be made--
``(1) at the time of filing the return of the tax imposed
by chapter 1 for such taxable year, and
``(2) in such manner as the Secretary may by regulation
prescribe, except that such designation shall be made either on
the first page of the return or on the page bearing the
taxpayer's signature.
``(c) Treatment of Amounts Designated.--For purposes of this title,
the amount designated by any taxpayer under subsection (a)--
``(1) shall be treated as being refunded to such taxpayer
as of the last date prescribed for filing the return of tax
imposed by chapter 1 (determined without regard to extensions)
or, if later, the date the return is filed, and
``(2) shall be treated as a contribution made by such
taxpayer on such date to the United States.''
(b) Transfer of Designated Amounts For Deficit Reduction.--The
Secretary of the Treasury shall, from time to time, transfer to the
special account described in section 3113(d) of title 31, United States
Code, the amounts designated under section 6097 of the Internal Revenue
Code of 1986 to be used to reduce the public debt of the United States.
(c) Clerical Amendment.--The table of parts for subchapter A of
chapter 61 of such Code is amended by adding at the end the following
new item:
``Part IX. Designation of income tax
overpayments to be used to
reduce public debt.''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.
SEC. 4. DONATION OF SOCIAL SECURITY BENEFITS FOR PURPOSES OF REDUCING
THE FEDERAL DEFICIT.
Section 201(i) of the Social Security Act (42 U.S.C. 401(i)) is
amended--
(1) in paragraph (1), by inserting ``(A)'' after ``(1)'';
(2) in paragraph (2), by striking ``paragraph (1)'' and
inserting ``subparagraph (A)'', and by redesignating
subparagraphs (A) and (B) as clauses (i) and (ii),
respectively;
(3) by redesignating paragraph (2) as subparagraph (B); and
(4) by adding at the end the following new paragraph:
``(2)(A) The Commissioner of Social Security shall establish a
program under which recipients of monthly insurance benefits under this
title may elect to have the Commissioner, in lieu of certification of
payment of benefits to the recipient pursuant to section 205(i),
certify to the Managing Trustee that all or a designated portion of
such benefits be transferred to the general fund of the Treasury as a
gift which the Managing Trustee is authorized, as Secretary of the
Treasury, to accept as a gift under subsection (a)(1)(A) of section
3113 of title 31, United States Code (relating to accepting gifts for
reducing the public debt).
``(B) Amounts to which an election under subparagraph (A) applies
shall not be includible in gross income for purposes of the Internal
Revenue Code of 1986. No deduction shall be allowed under such Code
with respect to any amount which is not includible in gross income by
reason of the preceding sentence.''
SEC. 5. DONATION OF MILITARY RETIREMENT BENEFITS FOR PURPOSES OF
REDUCING THE FEDERAL DEFICIT.
(a) In General.--Chapter 71 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1413. Donations for purposes of reducing the public debt
``(a) The Secretary concerned shall establish a program under which
a member or former member of the armed forces under the jurisdiction of
the Secretary who is entitled to receive retired or retainer pay may
elect that all or a designated portion of such pay for any month be
transferred to the general fund of the Treasury as a gift to reduce the
public debt. Any such election may be revoked at any time.
``(b) For any month for which an election under subsection (a) is
in effect, the Secretary concerned shall withhold from the retired or
retainer pay of the person making the election the amount designated by
that person in such election and shall transfer the amount so withheld
to the Secretary of the Treasury.
``(c) The Secretary of the Treasury is authorized to accept any
amount transferred to the Secretary under this section as a gift under
subsection (a)(1)(A) of section 3113 of title 31 (relating to accepting
gifts for reducing the public debt).
``(d) Amounts to which an election under subsection (a) applies
shall not be includible in gross income for purposes of the Internal
Revenue Code of 1986. No deduction shall be allowed under such Code
with respect to any amount which is not includible in gross income by
reason of the preceding sentence.''
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1413. Donations for purposes of reducing the public debt.''.
SEC. 6. DONATION OF VETERANS' DISABILITY COMPENSATION FOR PURPOSES OF
REDUCING THE FEDERAL DEFICIT.
(a) In General.--Chapter 53 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 5320. Donations of compensation for purposes of reducing the
public debt
``(a) The Secretary shall establish a program under which a veteran
who is entitled to compensation may elect that all or a designated
portion of such compensation for any month be transferred to the
general fund of the Treasury as a gift to reduce the public debt. Any
such election may be revoked at any time.
``(b) For any month for which an election under subsection (a) is
in effect, the Secretary shall withhold from the compensation payable
to the veteran making the election the amount designated by the veteran
in such election and shall transfer the amount so withheld to the
Secretary of the Treasury.
``(c) The Secretary of the Treasury is authorized to accept any
amount transferred to the Secretary under this section as a gift under
subsection (a)(1)(A) of section 3113 of title 31 (relating to accepting
gifts for reducing the public debt).
``(d) Amounts to which an election under subsection (a) applies
shall not be includible in gross income for purposes of the Internal
Revenue Code of 1986. No deduction shall be allowed under such Code
with respect to any amount which is not includible in gross income by
reason of the preceding sentence.''
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``5320. Donations of compensation for purposes of reducing the public
debt.''.
SEC. 7. BUDGETARY TREATMENT OF SAVINGS RESULTING FROM THIS ACT.
Savings resulting from the enactment of this Act shall not be
considered for purposes of estimates made for this Act under section
252(d) of the Balanced Budget and Emergency Deficit Control Act of
1985. | Citizen Debt Reduction Contribution Act - Provides that individuals otherwise entitled to receive payments from the Federal Government may specify that a portion of those payments be used for deficit reduction.
Expresses the sense of the Congress that any budget savings resulting from this Act should be used solely to reduce net Government spending.
Amends the Internal Revenue Code to allow taxpayers to designate a specified portion (not less than $1) of their income tax overpayments to be used to reduce U.S. public debt.
Amends the Social Security Act to direct the Commissioner of Social Security to establish a program to allow recipient donation, by way of designation for transfer to the general fund of the Treasury, of certain social security benefit payments to reduce the public debt.
Amends Federal law relating to military personnel to provide for a program of allowing members or former members of the armed forces to donate designated portions of their military retirement benefits to reduce the public debt.
Amends Federal law relating to veterans to provide for a program of allowing veterans to donate designated portions of their veterans' disability compensation to reduce the public debt.
Provides that savings resulting from the enactment of this Act shall not be considered for purposes of estimates made for this Act under specified provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings). | Citizen Debt Reduction Contribution Act |
SECTION 1. PLANS TO ADDRESS NEEDS OF FAMILIES OF PASSENGERS INVOLVED IN
FOREIGN AIR CARRIER ACCIDENTS.
(a) In General.--Chapter 413 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 41313. Plans to address needs of families of passengers involved
in foreign air carrier accidents
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Aircraft accident.--The term `aircraft accident' means
any aviation disaster, regardless of its cause or suspected cause,
that occurs within the United States; and
``(2) Passenger.--The term `passenger' includes an employee of
a foreign air carrier or air carrier aboard an aircraft.
``(b) Submission of Plans.--A foreign air carrier providing foreign
air transportation under this chapter shall transmit to the Secretary
of Transportation and the Chairman of the National Transportation
Safety Board a plan for addressing the needs of the families of
passengers involved in an aircraft accident that involves an aircraft
under the control of the foreign air carrier and results in a
significant loss of life.
``(c) Contents of Plans.--To the extent permitted by foreign law
which was in effect on the date of the enactment of this section, a
plan submitted by a foreign air carrier under subsection (b) shall
include the following:
``(1) Telephone number.--A plan for publicizing a reliable,
toll-free telephone number and staff to take calls to such number
from families of passengers involved in an aircraft accident that
involves an aircraft under the control of the foreign air carrier
and results in a significant loss of life.
``(2) Notification of families.--A process for notifying, in
person to the extent practicable, the families of passengers
involved in an aircraft accident that involves an aircraft under
the control of the foreign air carrier and results in a significant
loss of life before providing any public notice of the names of
such passengers. Such notice shall be provided by using the
services of--
``(A) the organization designated for the accident under
section 1136(a)(2); or
``(B) other suitably trained individuals.
``(3) Notice provided as soon as possible.--An assurance that
the notice required by paragraph (2) shall be provided as soon as
practicable after the foreign air carrier has verified the identity
of a passenger on the foreign aircraft, whether or not the names of
all of the passengers have been verified.
``(4) List of passengers.--An assurance that the foreign air
carrier shall provide, immediately upon request, and update a list
(based on the best available information at the time of the
request) of the names of the passengers aboard the aircraft
(whether or not such names have been verified), to--
``(A) the director of family support services designated
for the accident under section 1136(a)(1); and
``(B) the organization designated for the accident under
section 1136(a)(2).
``(5) Consultation regarding disposition of remains and
effects.--An assurance that the family of each passenger will be
consulted about the disposition of any remains and personal effects
of the passenger that are within the control of the foreign air
carrier.
``(6) Return of possessions.--An assurance that, if requested
by the family of a passenger, any possession (regardless of its
condition) of that passenger that is within the control of the
foreign air carrier will be returned to the family unless the
possession is needed for the accident investigation or a criminal
investigation.
``(7) Unclaimed possessions retained.--An assurance that any
unclaimed possession of a passenger within the control of the
foreign air carrier will be retained by the foreign air carrier for
not less than 18 months after the date of the accident.
``(8) Monuments.--An assurance that the family of each
passenger will be consulted about construction by the foreign air
carrier of any monument to the passengers built in the United
States, including any inscription on the monument.
``(9) Equal treatment of passengers.--An assurance that the
treatment of the families of nonrevenue passengers will be the same
as the treatment of the families of revenue passengers.
``(10) Service and assistance to families of passen- gers.--An
assurance that the foreign air carrier will work with any
organization designated under section 1136(a)(2) on an ongoing
basis to ensure that families of passengers receive an appropriate
level of services and assistance following an accident.
``(11) Compensation to service organizations.--An assurance
that the foreign air carrier will provide reasonable compensation
to any organization designated under section 1136(a)(2) for
services and assistance provided by the organization.
``(12) Travel and care expenses.--An assurance that the foreign
air carrier will assist the family of any passenger in traveling to
the location of the accident and provide for the physical care of
the family while the family is staying at such location.
``(13) Resources for plan.--An assurance that the foreign air
carrier will commit sufficient resources to carry out the plan.
``(14) Substitute measures.--If a foreign air carrier does not
wish to comply with paragraph (10), (11), or (12), a description of
proposed adequate substitute measures for the requirements of each
paragraph with which the foreign air carrier does not wish to
comply.
``(d) Permit and Exemption Requirement.--The Secretary shall not
approve an application for a permit under section 41302 unless the
applicant has included as part of the application or request for
exemption a plan that meets the requirements of subsection (c).
``(e) Limitation on Liability.--A foreign air carrier shall not be
liable for damages in any action brought in a Federal or State court
arising out of the performance of the foreign air carrier in preparing
or providing a passenger list pursuant to a plan submitted by the
foreign air carrier under subsection (c), unless the liability was
caused by conduct of the foreign air carrier which was grossly
negligent or which constituted intentional misconduct.''.
(b) Conforming Amendment.--The table of sections for such chapter
is amended by adding at the end the following:
``41313. Plans to address needs of families of passengers involved in
foreign air carrier accidents.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the 180th day following the date of the enactment of this
Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Amends Federal transportation law to require foreign air carriers to transmit to the Secretary of Transportation and the Chairman of the National Transportation Safety Board a plan for addressing the needs of families of passengers involved in aircraft accidents involving foreign air carriers and a significant loss of life.
Requires such a plan to include: (1) publicizing a reliable, toll-free telephone number and staff to take calls from families of passengers involved in such an accident; (2) a process for notifying such families as soon as possible, and in person to the extent practicable, before providing any public notice of the passengers' names; (3) an assurance that each passenger's family will be consulted about the disposition of any remains and personal effects (including return to the family) within the foreign air carrier's control; (4) an assurance of retention by the foreign air carrier of unclaimed possessions for at least 18 months; and (5) an assurance of other specified services.
Makes inclusion of such a plan in the application for a foreign air transportation permit, or request for exemption from the requirement of a permit, a condition for approval.
Declares that a foreign air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the foreign air carrier's performance in preparing or providing a passenger list pursuant to such a plan, unless the liability was caused by any conduct of the carrier which was grossly negligent or which constituted intentional misconduct. | To amend title 49, United States Code, to require the National Transportation Safety Board and individual foreign air carriers to address the needs of families of passengers involved in aircraft accidents involving foreign air carriers. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quadrennial Foreign Affairs Review
Act''.
SEC. 2. QUADRENNIAL FOREIGN AFFAIRS REVIEW.
(a) Findings.--Congress finds the following:
(1) The Department of State, established in 1789, is
responsible for representing the worldwide interests of the
United States and for advancing the policies of the United
States.
(2) The Department operates over 250 posts in more than 180
countries throughout the world and has approximately 30,000
personnel.
(3) There have been dramatic changes in the world in which
the Department must function, including changes in technology,
changes in religious, ethnic, and regional conflicts, and
changes in economic, political, and military relationships.
Moreover, the world has witnessed the spread of weapons of mass
destruction and the spread of terrorism. Yet, there has been
little change in the diplomatic strategy and structure of the
Department or of its posts throughout the world.
(4) The Department and all United States diplomatic efforts
should be the subject of a quadrennial review to determine how
the Department can best fulfill its mission and meet the
challenges of a changing world.
(b) Quadrennial Review.--Not later than September 30 of 2010 and
every four years thereafter, the Secretary of State shall submit to the
Committee on Foreign Affairs of the House of Representatives and to the
Committee on Foreign Relations of the Senate a comprehensive
examination of the diplomatic strategy and structure, foreign
assistance programs, budget plans, personnel decisions, and public
diplomacy plans of the Department of State and its related agencies to
determine the foreign affairs strategy of the United States to best
meet the challenges of a changing world, together with the response
report required under subsection (c)(2). Such comprehensive examination
shall be referred to as a ``quadrennial review''.
(c) Involvement of National Foreign Affairs Panel.--
(1) Submission of review to panel.--Not later than July 30
of the year in which a quadrennial review is conducted, the
Secretary of State shall submit to a National Foreign Affairs
Panel (in this Act referred to as the ``Panel''), established
in accordance with section 3, a copy of such quadrennial
review.
(2) Response report.--Not later than August 30 of the year
in which a quadrennial review is submitted to a Panel under
paragraph (1), such Panel shall submit to the Secretary a
report responding to the findings, conclusions, and
recommendations of such quadrennial review.
(d) Contents of Quadrennial Review.--The quadrennial review shall
include the following information:
(1) A review of the current structures of the Department of
State and its related agencies, including the organization,
staffing, and operation of United States embassies and
consulates abroad, to determine how best to efficiently and
effectively represent the interests of the United States
throughout the world and advance the policies of the United
States.
(2) A review of the level of cooperation and degree of
integration of the Department of State with other Federal
departments and agencies, including the Department of Defense,
the Department of Homeland Security, the Department of the
Treasury, the Department of Commerce, the Office of the United
States Trade Representative, the Agency for International
Development, the Drug Enforcement Agency, and the elements of
the intelligence community.
(3) Recommendations related to how best to meet the
anticipated roles and missions of such departments and agencies
in the future.
(4) A review of the efforts of the Department of State with
respect to public diplomacy and any recommendations for changes
or modifications in public diplomacy initiatives or programs in
order to improve performance.
(5) An examination of the assumptions used in the
quadrennial review by the Secretary, including assumptions
relating to cooperation between the Department and other
Federal departments and agencies, communication with allies,
levels of risk, real-time situational awareness, and immediate
communication within the Department.
(6) An examination of the forward presence and pre-
positioning necessary for the Department to engage in
negotiation and conflict deterrence in response to anticipated
threats and conflicts.
(7) An examination of the process of how the Department
develops scenarios that may require a Department response, and
recommendations for improving this process to incorporate
nontraditional threat planning scenarios and input from other
Federal departments and agencies and nongovernmental
organizations.
SEC. 3. NATIONAL FOREIGN AFFAIRS PANEL.
(a) Establishment.--Not later than December 1 of the year
immediately preceding the year in which a quadrennial review is
conducted, the Secretary of State shall establish a nonpartisan,
independent panel to be known as a National Foreign Affairs Panel.
(b) Membership.--
(1) In general.--A Panel shall be composed of a chairperson
and eight other individuals appointed by the Secretary, in
consultation with the chairman and ranking member of the
Committee on Foreign Affairs of the House of Representatives
and the chairman and ranking member of the Committee on Foreign
Relations of the Senate, from among individuals in the private
sector who are recognized experts in matters relating to the
foreign affairs and diplomacy interests of the United States.
(2) Quorum.--Five members of a Panel shall constitute a
quorum.
(c) Duties.--A Panel shall submit to the Secretary the response
report required under section 2(c)(2).
(d) Information From Federal Agencies.--A Panel may secure from the
Department of State and its related agencies and from any other Federal
department or agency such information as such Panel considers necessary
to carry out its duties under this Act. The head of the department or
agency concerned shall ensure that information requested by such Panel
under this subsection is promptly provided to such Panel.
(e) Personnel Matters.--
(1) Compensation of members.--Each member of a Panel shall
be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which such
member is engaged in the performance of the duties of such
Panel.
(2) Travel expenses.--Members of a Panel 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 such Panel.
(3) Executive director and staff.--Without regard to the
civil service laws and regulations, the chairperson of a Panel
may appoint and terminate an Executive Director and a staff of
not more than four additional individuals, none of whom may be
current employees of the Department of State or members of the
Foreign Service, if such Panel determines that an executive
director and staff are necessary in order for such Panel to
perform its duties effectively. The employment of an Executive
Director shall be subject to confirmation by a majority of
members of such Panel.
(4) Compensation of executive director.--The chairperson
may fix the compensation of the Executive Director, if one is
appointed pursuant to paragraph (3), without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the rate
of pay for the Executive Director may not exceed the rate
payable for level V of the Executive Schedule under section
5316 of such title.
(5) Detail of government employees.--An employee of the
Federal Government may be detailed to a Panel without
reimbursement, and such detail shall be without interruption or
loss of civil or foreign service status or privilege with
respect to such employee. The Secretary shall ensure that a
sufficient number of employees are detailed to a Panel to
enable such Panel to carry out its duties effectively.
(6) Travel conditions.--To the maximum extent practicable,
the members and employees of a Panel shall travel on Government
aircraft, ships, vehicles, or other conveyances when travel is
necessary in the performance of the duties of such Panel,
except that no such aircraft, ship, vehicle, or other
conveyance may be scheduled primarily for the transportation of
any such member or employee when the cost of commercial
transportation is less expensive.
(f) Administrative Provisions.--
(1) Use of the mails.--A Panel may use the United States
mails and obtain printing and binding services in the same
manner and under the same conditions as other departments and
agencies of the Federal Government.
(2) Administrative and support services.--The Secretary of
State shall furnish a Panel with any administrative and support
services requested by such Panel.
(3) Gifts and donations.--A Panel may accept, use, and
dispose of gifts or donations of services or property.
(g) Payment of Panel Expenses.--The compensation, travel expenses,
and per diem allowances of members and employees of a Panel shall be
paid out of funds made available to the Department of State for the
payment of compensation, travel allowances, and per diem allowances,
respectively, of civilian employees of the Department. Any other
expenses of a Panel shall be paid out of funds made available to the
Department for the payment of similar expenses incurred by the
Department.
(h) Sunset Provision.--A Panel shall terminate 30 days after the
submission of the response report required under section 2(c)(2). | Quadrennial Foreign Affairs Review Act - Directs: (1) the Secretary of State to submit every four years to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations a quadrennial foreign affairs and Department of State review; and (2) the Foreign Affairs Panel to submit to the Secretary a report responding to such review.
Directs the Secretary to establish every four years a nonpartisan independent National Foreign Affairs Panel, which shall terminate 30 days after submission of its report. | To require a quadrennial review of the diplomatic strategy and structure of the Department of State and its related agencies to determine how the Department can best fulfill its mission in the 21st century and meet the challenges of a changing world. |
SECTION 1. CONSERVATION FLEX PROGRAM OPTION.
(a) Establishment of Program.--The Agricultural Act of 1949 is
amended by inserting after section 115 (7 U.S.C. 1445k) the following
new section:
``SEC. 116. CONSERVATION FLEX PROGRAM OPTION.
``(a) Establishment.--The Secretary shall establish a voluntary
conservation flex program option to assist producers of agricultural
commodities in adopting integrated, site-specific farm management plans
through the reduction of farm program barriers to resource stewardship
practices and systems.
``(b) Definitions.--For the purposes of this section:
``(1) The term `program' means the conservation flex
program option established under this section.
``(2) The term `plan' means a site-specific farm management
plan prepared by the producer and approved by the Secretary.
``(3) The term `alternative crops' means experimental and
industrial crops which conserve soil and water.
``(4) The term `breeding cattle' means bulls, dams, and
heifers held solely for the production of calves, but shall not
include weaned calves being grown for slaughter or dairy
cattle.
``(5) The term `legume' means any legume, including
alfalfa, clover, lentils, lupine, medic, peas, soybeans, and
vetch grown for use as a forage, green manure, or biomass
feedstock, but not including any pulse crop from which the
seeds are harvested and sold for purposes other than use as
seed for planting.
``(6) The term `resource-conserving crop' means legumes,
grasses, brassica cover crops and forages, alternative crops,
any interseeded or relay-planted combination of such crops, any
interseeded or relay-planted combination of such crops and
small grains, and such other crops as the Secretary may
designate.
``(7) The term `resource-conserving crop rotation' means a
crop rotation which includes at least one resource-conserving
crop and that reduces erosion, maintains or improves soil
fertility, tilth and structure, interrupts pest cycles, or
conserves water.
``(8) The term `rotational grazing' means planting forage,
dividing pastures into paddocks, and using grazing rotations to
increase forage quality and production, improve vegetative
cover, and reduce sediment and nutrient runoff.
``(9) The term `small grains' means any small grain,
including barley, buckwheat, oats, rye, spelt, and triticale,
but not including wheat, except for wheat grown for nonhuman
consumption.
``(10) The term `special conservation practices' means
field borders, contour grass strips, grass waterways, filter
strips, grass windbreaks, buffer areas, wildlife habitat
plantings, habitat plantings for beneficial organisms that aid
in the control of pests, and such other practices as the
Secretary may designate.
``(c) Eligible Producers.--To be eligible to participate in the
program, a producer must prepare and submit to the Secretary for
approval a site-specific farm management plan, which may at the
producer's option be integrated with any conservation plan developed
pursuant to section 1212 of the Food Security Act of 1985 (16 U.S.C.
3812) and any other conservation or natural resource plan required for
producer participation in any program within the jurisdiction of the
Secretary.
``(d) Agreements.--Upon the approval of a plan submitted by a
producer under subsection (c), the Secretary shall enter into an
agreement with the producer that specifies the crop acreage bases being
enrolled in the program. The agreement shall be for a period of not
less than one year, nor more than seven years, as determined by the
producer. The agreement may be renewed upon the mutual agreement of the
Secretary and the producer.
``(e) Producer Responsibilities Under Agreement.--Under the terms
of an agreement entered into under subsection (d), a producer shall
agree--
``(1) to actively comply with the terms and conditions of
the applicable plan, as approved by the Secretary;
``(2) to devote to a resource-conserving crop--
``(A) not less than 15 percent of the crop acreage
bases of the producer enrolled under such program; or
``(B) not less than 15 percent of the producer's
total crop acres, if the sum of resource-conserving
crop acres on non-base acres and total crop acreage
bases on the farm does not exceed the county average
base-to-cropland ratio; and
``(3) to keep such records as the Secretary may reasonably
require for purposes of program evaluation.
``(f) Requirements of the Plan.--To be approved by the Secretary, a
plan submitted by a producer must--
``(1) specify the crop acreage bases the producer chooses
to enroll in the program;
``(2) describe the resource-conserving crop rotation,
special conservation practices, rotational grazing, or biomass
production operations and practices to be implemented and
maintained on such acreage during the agreement period which
fulfill the purposes of the program;
``(3) contain a schedule for the implementation,
improvement and maintenance of the resource-conserving crop
rotation, special conservation practices, rotational grazing,
or biomass operations and practices described in the plan; and
``(4) contain such other terms as the Secretary may
require.
``(g) Program Administration, Certification, and Termination.--
``(1) Program administration, technical assistance, and
flexibility.--
``(A) Administration.--The program shall be
administered by the Secretary.
``(B) Technical assistance.--In administering the
program, the Secretary, in consultation with the local
conservation districts and any State or local
authorities deemed appropriate by the Secretary, shall
provide technical assistance to a producer in
developing and implementing a plan, evaluating the
effectiveness of a plan, and assessing the costs and
benefits of farming operations and practices. If
requested by a producer, the Secretary shall provide
technical assistance to help the producer comply with
Federal, State, and local requirements designed to
protect soil, wetlands, wildlife habitat, the quality
of ground water and surface water, or other natural
resources.
``(C) Flexibility.--In administering the program,
the Secretary shall provide sufficient flexibility for
a producer to revise the producer's plan to respond to
changes in market conditions, weather, or technology or
to adjust and modify the farming operation, except that
such revisions must be consistent with the purposes of
the program and approved by the Secretary.
``(2) Certification.--The Secretary shall certify producer
compliance with the terms and conditions of the plan.
``(3) Termination.--The Secretary may terminate an
agreement entered into with a producer under this program if--
``(A) the producer agrees to such termination; or
``(B) the producer violates the terms and
conditions of such agreement.
``(h) Program Rules.--
``(1) Base and yield protection.--Notwithstanding any other
provision of law, the Secretary shall not reduce crop acreage
bases or farm program payment yields as a result of the
planting of a resource-conserving crop.
``(2) Payment acres.--Notwithstanding any other provision
of law, the Secretary shall not reduce any farm program loans,
payments, or benefits of a program participant as a result of
the planting of a resource-conserving crop.
``(3) Payment rate.--Notwithstanding any other provision of
law, the Secretary shall provide deficiency payments on
resource-conserving crop acreage eligible for payments at a
rate not less than the projected deficiency payment rate, as
determined and announced each year by the Secretary prior to
the period during which producers may agree to participate in
the program.
``(4) Payment acre protection.--Notwithstanding any other
provision of law, the Secretary shall not reduce the payment
acres or the established price for a program participant who
has entered into an agreement with the Secretary for a fixed
period of time.
``(5) Resource-conserving crops on normal flex acreage.--
Acreage devoted to resource-conserving crops under this program
may, at the discretion of the producer, be designated as normal
flex acreage.
``(6) Adjustments in production adjustment requirements.--
Notwithstanding any other provision of law, the Secretary shall
make fair and equitable adjustments in acreage limitation
requirements applicable to a producer participating in the
program giving due consideration to crop rotation, special
conservation practices, rotational grazing, biomass production,
and other appropriate factors resulting from the implementation
of a plan. If the Secretary determines that the reduction in
program crop production on a participating farm referred to in
the preceding sentence will equal or exceed any reduction in
crop production which, in the absence of participation in the
program, would occur as a result of acreage limitation
requirements, the Secretary shall waive such acreage limitation
requirements for the farm. If the resource conserving crop
includes a farm program feed grain crop planted on the base
acres of another farm program feed grain crop, the Secretary
shall take into account the established or county average yield
of the two feed grains for the purposes of making the
adjustment or waiver.
``(7) Total base acreage flexibility.--Notwithstanding any
other provision of law, the Secretary shall allow participants
in this program to plant farm program crops and oilseeds in any
proportion on a producer's total acreage of farm program crop
base and historic oilseeds acreage without affecting farm
program payments.
``(8) Crop insurance.--Notwithstanding any other provision
of law, acreage devoted to resource-conserving crops under this
program shall be eligible for crop insurance pursuant to the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
``(9) Haying and grazing restriction.--
``(A) In general.--The Secretary shall not make any
farm program payments to a producer, who is otherwise
eligible to receive such payments, for acreage enrolled
in the program if the producer, during the consecutive
five month period in each State in which haying and
grazing of conserving use acres may be prohibited under
the provisions of this Act, grazes breeding cattle or
nursing calves or harvests and sells hay on payment
acres.
``(B) Transition option.--The restriction in
subparagraph (A) shall not apply in the case of a
producer who agrees to retire all base acreage enrolled
in the program at the end of the agreement period.
``(C) Emergency haying and grazing.--The Secretary
shall release acreage devoted to resource-conserving
crops for emergency haying and grazing as the result of
a natural disaster when the Secretary permits unlimited
haying and grazing on--
``(i) reduced acreage under this Act;
``(ii) acreage devoted to a conservation
use under this Act;
``(iii) acreage diverted from production
under a land diversion program established
under this Act; or
``(iv) acreage enrolled in the conservation
reserve program under the Food Security Act of
1985 (16 U.S.C. 3801 et seq.).''.
(b) Conforming Repeal.--Section 1451 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5822) is repealed. | Amends the Agricultural Act of 1949 to direct the Secretary of Agriculture to establish a voluntary conservation flex program which will permit producers to adopt integrated site-specific farm management plans. Includes within such plans resource-conserving crops, crop rotation, and rotational grazing. | To amend the Agricultural Act of 1949 to permit producers to adopt integrated, site-specific farm management plans that provide for resource-conserving crop rotation, special conservation practices, rotational grazing, and biomass production operations and practices. |
SECTION 1. DEVELOPMENT OF NATIONAL STRATEGY.
(a) In General.--The President, acting through the Secretary,
shall, in consultation with the Attorney General, the Secretary of
State, the Secretary of Homeland Security, the Director of National
Intelligence, and the appropriate Federal banking agencies and Federal
functional regulators, develop a national strategy for combating the
financing of terrorism and related forms of illicit finance.
(b) Transmittal to Congress.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a comprehensive national
strategy developed in accordance with subsection (a).
(2) Updates.--Not later than January 31, 2020, and January
31, 2022, the President shall submit to the appropriate
congressional committees updated versions of the national
strategy submitted under paragraph (1).
(c) Separate Presentation of Classified Material.--Any part of the
national strategy that involves information that is properly classified
under criteria established by the President shall be submitted to
Congress separately in a classified annex and, if requested by the
chairman or ranking member of one of the appropriate congressional
committees, as a briefing at an appropriate level of security.
SEC. 2. CONTENTS OF NATIONAL STRATEGY.
The strategy described in section 1 shall contain the following:
(1) Evaluation of existing efforts.--An assessment of the
effectiveness of and ways in which the United States is
currently addressing the highest levels of risk of various
forms of illicit finance, including those identified in the
documents entitled ``2015 National Money Laundering Risk
Assessment'' and ``2015 National Terrorist Financing Risk
Assessment'', published by the Department of the Treasury and a
description of how the strategy is integrated into, and
supports, the broader counter terrorism strategy of the United
States.
(2) Goals, objectives, and priorities.--A comprehensive,
research-based, long-range, quantifiable discussion of goals,
objectives, and priorities for disrupting and preventing
illicit finance activities within and transiting the financial
system of the United States that outlines priorities to reduce
the incidence, dollar value, and effects of illicit finance.
(3) Threats.--An identification of the most significant
illicit finance threats to the financial system of the United
States.
(4) Reviews and proposed changes.--Reviews of enforcement
efforts, relevant regulations and relevant provisions of law
and, if appropriate, discussions of proposed changes determined
to be appropriate to ensure that the United States pursues
coordinated and effective efforts at all levels of government,
and with international partners of the United States, in the
fight against illicit finance.
(5) Detection and prosecution initiatives.--A description
of efforts to improve, as necessary, detection and prosecution
of illicit finance, including efforts to ensure that--
(A) subject to legal restrictions, all appropriate
data collected by the Federal Government that is
relevant to the efforts described in this section be
available in a timely fashion to--
(i) all appropriate Federal departments and
agencies; and
(ii) as appropriate and consistent with
section 314 of the International Money
Laundering Abatement and Financial Anti-
Terrorism Act of 2001 (31 U.S.C. 5311 note), to
financial institutions to assist the financial
institutions in efforts to comply with laws
aimed at curbing illicit finance; and
(B) appropriate efforts are undertaken to ensure
that Federal departments and agencies charged with
reducing and preventing illicit finance make thorough
use of publicly available data in furtherance of this
effort.
(6) The role of the private financial sector in prevention
of illicit finance.--A discussion of ways to enhance
partnerships between the private financial sector and Federal
departments and agencies with regard to the prevention and
detection of illicit finance, including--
(A) efforts to facilitate compliance with laws
aimed at stopping such illicit finance while
maintaining the effectiveness of such efforts; and
(B) providing guidance to strengthen internal
controls and to adopt on an industry-wide basis more
effective policies.
(7) Enhancement of intergovernmental cooperation.--A
discussion of ways to combat illicit finance by enhancing--
(A) cooperative efforts between and among Federal,
State, and local officials, including State regulators,
State and local prosecutors, and other law enforcement
officials; and
(B) cooperative efforts with and between
governments of countries and with and between
multinational institutions with expertise in fighting
illicit finance, including the Financial Action Task
Force and the Egmont Group of Financial Intelligence
Units.
(8) Trend analysis of emerging illicit finance threats.--A
discussion of and data regarding trends in illicit finance,
including evolving forms of value transfer such as so-called
cryptocurrencies, other methods that are computer,
telecommunications, or Internet-based, cyber crime, or any
other threats that the Secretary may choose to identify.
(9) Budget priorities.--A multiyear budget plan that
identifies sufficient resources needed to successfully execute
the full range of missions called for in this section.
(10) Technology enhancements.--An analysis of current and
developing ways to leverage technology to improve the
effectiveness of efforts to stop the financing of terrorism and
other forms of illicit finance, including better integration of
open-source data.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``appropriate congressional committees''
means--
(A) the Committee on Financial Services, the
Committee on Foreign Affairs, the Committee on Armed
Services, the Committee on the Judiciary, Committee on
Homeland Security, and the Permanent Select Committee
on Intelligence of the House of Representatives; and
(B) the Committee on Banking, Housing, and Urban
Affairs, the Committee on Foreign Relations, Committee
on Armed Services, Committee on the Judiciary,
Committee on Homeland Security and Governmental
Affairs, and the Select Committee on Intelligence of
the Senate;
(2) the term ``appropriate Federal banking agencies'' has
the meaning given the term in section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813);
(3) the term ``Federal functional regulator'' has the
meaning given that term in section 509 of the Gramm-Leach-
Bliley Act (15 U.S.C. 6809);
(4) the term ``illicit finance'' means the financing of
terrorism, money laundering, or other forms of illicit
financing domestically or internationally, as defined by the
President;
(5) the term ``Secretary'' means the Secretary of the
Treasury; and
(6) the term ``State'' means each of the several States,
the District of Columbia, and each territory or possession of
the United States. | This bill requires the President to develop a strategy to prevent the financing of terrorism. The strategy shall contain: (1) an assessment of present efforts and existing threats, (2) proposed changes and initiatives, (3) a discussion of the role of the private sector and the enhancement of intergovernmental cooperation, (4) an analysis of emerging threats and the use of technological enhancements to stop the financing of terrorism, and (5) a multiyear budget plan . | To require the President to develop a national strategy for combating the financing of terrorism and related forms of illicit finance, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defense Trade Cooperation Act of
2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Close defense cooperation between the United States and
each of the United Kingdom and Australia requires
interoperability among the armed forces.
(2) The need for interoperability must be balanced with the
need for the appropriate and effective regulation of trade in
defense articles and defense services.
(3) The Arms Export Control Act (22 U.S.C. 2751 et seq.)
represents a delegation to the executive branch of the
constitutional power of Congress to regulate commerce with
foreign nations.
(4) Agreements to gain exemption from the International
Traffic in Arms Regulations must be submitted to Congress for
review.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``appropriate congressional committees'' means
the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate;
(2) the term ``defense articles'' has the meaning given the
term in section 47 of the Arms Export Control Act (22 U.S.C.
2794);
(3) the term ``defense services'' has the meaning given the
term in section 47 of the Arms Export Control Act (22 U.S.C.
2794); and
(4) the term ``International Traffic in Arms Regulations''
means the regulations maintained under sections 120 through 130
of title 22, Code of Federal Regulations, or any successor
regulations.
SEC. 4. EXCEPTIONS TO BILATERAL AGREEMENT REQUIREMENTS FOR AUSTRALIA
AND THE UNITED KINGDOM.
(a) Exceptions.--Subsection (j) of section 38 of the Arms Export
Control Act (22 U.S.C. 2778) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Exceptions from bilateral agreement requirements.--
``(A) Australia.--Subject to the provisions of the
Defense Trade Cooperation Act of 2003, the requirements
for a bilateral agreement described in paragraph (2)(A)
shall not apply to such a bilateral agreement between
the United States Government and the Government of
Australia with respect to transfers or changes in end
use within Australia of defense items that will remain
subject to the licensing requirements of this Act after
such agreement enters into force.
``(B) United kingdom.--Subject to the provisions of
the Defense Trade Cooperation Act of 2003, the
requirements for a bilateral agreement described in
paragraphs (1)(A)(ii), (2)(A)(i), and (2)(A)(ii) shall
not apply to such a bilateral agreement between the
United States Government and the Government of the
United Kingdom for an exemption from the licensing
requirements of this Act.''.
(b) Conforming Amendment.--Paragraph (2) of such subsection is
amended in the matter preceding subparagraph (A) by striking ``A
bilateral agreement'' and inserting ``Except as provided in paragraph
(4), a bilateral agreement''.
SEC. 5. CERTIFICATIONS FOR THE UNITED KINGDOM AND AUSTRALIA.
Not later than 30 days before authorizing an exemption from the
licensing requirements of the International Traffic in Arms Regulations
in accordance with any bilateral agreement entered into with the United
Kingdom or Australia under section 38(j) of the Arms Export Control Act
(22 U.S.C. 2778(j)), as amended by section 4 of this Act, the President
shall certify to the appropriate congressional committees that such
agreement--
(1) is in the national interest of the United States and
will not in any way affect the goals and policy of the United
States as outlined in section 1 of the Arms Export Control Act
(22 U.S.C. 2751);
(2) does not adversely affect the ability of the
International Traffic in Arms Regulations to provide consistent
and adequate controls for licensed exports of United States
defense items; and
(3) will not adversely affect the duties or requirements of
the Secretary of State under the Arms Export Control Act.
SEC. 6. NOTIFICATION OF REGULATIONS PERMITTING BILATERAL LICENSING
EXEMPTIONS.
Not later than 30 days before authorizing an exemption from the
licensing requirements of the International Traffic in Arms Regulations
in accordance with any bilateral agreement entered into with the United
Kingdom or Australia under section 38(j) of the Arms Export Control Act
(22 U.S.C. 2778(j)), as amended by section 4 of this Act, the President
shall submit to the appropriate congressional committees the text of
the regulations that authorize such a licensing exemption.
SEC. 7. REPORT ON ISSUES RAISED IN CONSULTATIONS PURSUANT TO BILATERAL
AGREEMENTS WITH AUSTRALIA AND THE UNITED KINGDOM.
Not later than one year after the date of the enactment of this Act
and annually thereafter for each of the following 5 years, the
President shall submit to the appropriate congressional committees a
report on issues raised during the previous year in consultations
conducted under the terms of any bilateral agreement with Australia, or
under the terms of any bilateral agreement with the United Kingdom, for
exemption from the licensing requirements of the Arms Export Control
Act (22 U.S.C. 2751 et seq.). Each report shall contain detailed
information--
(1) on any notifications or consultations between the
United States and the United Kingdom under the terms of any
agreement with the United Kingdom, or between the United States
and Australia under the terms of any agreement with Australia,
concerning the modification, deletion, or addition of defense
items on the United States Munitions List, the United Kingdom
Military List, or the Australian Defense and Strategic Goods
List;
(2) listing all United Kingdom or Australia persons and
entities that have been designated as qualified persons
eligible to receive United States origin defense items exempt
from the licensing requirements of the Arms Export Control Act
under the terms of such agreements, and listing any
modification, deletion, or addition to such lists, pursuant to
the requirements of any agreement with the United Kingdom or
any agreement with Australia;
(3) on consultations or steps taken pursuant to any
agreement with the United Kingdom or any agreement with
Australia concerning cooperation and consultation with either
government on the effectiveness of the defense trade control
systems of such government;
(4) on provisions and procedures undertaken pursuant to--
(A) any agreement with the United Kingdom with
respect to the handling of United States origin defense
items exempt from the licensing requirements of the
Arms Export Control Act by persons and entities
qualified to receive such items in the United Kingdom;
and
(B) any agreement with Australia with respect to
the handling of United States origin defense items
exempt from the licensing requirements of the Arms
Export Control Act by persons and entities qualified to
receive such items in Australia;
(5) on any new understandings, including the text of such
understandings, between the United States and the United
Kingdom concerning retransfer of United States origin defense
items made pursuant to any agreement with the United Kingdom to
gain exemption from the licensing requirements of the Arms
Export Control Act;
(6) on consultations with the Government of the United
Kingdom or the Government of Australia concerning the legal
enforcement of any such agreements;
(7) on United States origin defense items with respect to
which the United States has provided an exception under the
Memorandum of Understanding between the United States and the
United Kingdom and any agreement between the United States and
Australia from the requirement for United States Government re-
export consent that was not provided for under United States
laws and regulations in effect on the date of the enactment of
this Act; and
(8) on any significant concerns that have arisen between
the Government of Australia or the Government of the United
Kingdom and the United States Government concerning any aspect
of any bilateral agreement between such country and the United
States to gain exemption from the licensing requirements of the
Arms Export Control Act.
SEC. 8. SPECIAL REPORTS ON UNAUTHORIZED END-USE OR DIVERSION.
The Secretary of State shall notify the appropriate congressional
committees, in a manner consistent with ongoing efforts to investigate
and bring civil or criminal charges regarding such matters, not later
than 90 days after receiving any credible information regarding the
unauthorized end-use or diversion of United States exports made
pursuant to any agreement with a country to gain exemption from the
licensing requirements of the Arms Export Control Act. Such
notification may be made in classified or unclassified form and shall
include--
(1) a description of the good or service;
(2) the United States origin of the good or service;
(3) the authorized recipient of the good or service;
(4) a detailed description of the unauthorized end-use or
diversion of the good or service, including any knowledge by
the United States exporter of such unauthorized end-use or
diversion;
(5) any enforcement action taken by the Government of the
United States; and
(6) any enforcement action taken by the government of the
recipient nation. | Defense Trade Cooperation Act of 2003 - Amends the Arms Export Control Act (the Act) to make the requirement of a bilateral agreement prior to the transfer of defense articles or services from the United States to a foreign country inapplicable to a bilateral agreement between the United States and the Government of: (1) Australia, with respect to transfers or changes in end use within Australia of defense items that will remain subject to the licensing requirements of the Act after such agreement enters into force; or (2) the United Kingdom, for an exemption from such licensing requirements. Requires the President, at least 30 days before authorizing such an exemption, to certify to the congressional foreign and international relations committees that such an agreement: (1) is in the national interest of the United States; (2) does not adversely affect the ability of the International Traffic in Arms Regulations to provide controls for licensed exports of U.S. defense items; and (3) will not adversely affect the duties or requirements of the Secretary of State under the Act. Directs the President to submit to such committees a text of the regulations that authorize such a licensing exemption.
Requires a report from the President to such committees on licensing requirement exemption issues raised during consultations with respect to the terms of any bilateral agreements with such countries.
Directs the Secretary of State to notify such committees within 90 days after receiving credible information regarding the unauthorized end-use or diversion of U.S. exports made pursuant to any agreement with a country to gain exemption from such licensing requirements. | A bill to provide certain exceptions from requirements for bilateral agreements with Australia and the United Kingdom for exemptions from the International Traffic in Arms Regulations. |
SECTION 1. DEFINITIONS.
For the purposes of this Act:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``hazardous substance research centers'' means
the hazardous substance research centers described in section
311(d) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9660(d)).
Such term shall include the Great Plains and Rocky Mountain
Hazardous Substance Research Center, the Northeast Hazardous
Substance Research Center, the Great Lakes and Mid-Atlantic
Hazardous Substance Research Center, the South and Southwest
Hazardous Substance Research Center, and the Western Region
Hazardous Substance Research Center.
(3) The term ``hazardous waste'' means--
(A) waste listed as hazardous waste pursuant to
subtitle C of the Solid Waste Disposal Act (42 U.S.C.
6921 et seq.);
(B) radioactive waste; and
(C) mixed waste.
(4) The term ``mixed waste'' means waste that contains a
mixture of waste described in subparagraphs (A) and (B) of
paragraph (3).
(5) The term ``qualified individuals'' means qualified
military personnel and qualified Department of Energy
personnel.
(6) The term ``qualified Department of Energy personnel''
means individuals who, during the 5-year period preceding the
date of the enactment of this Act, have been employed by the
Department of Energy and have been involved in the production
of nuclear weapons, and whose employment at the Department of
Energy during such 5-year period was scheduled for termination
as a result of a significant reduction or modification in the
programs or projects of the Department of Energy. Such term
shall not include any employee who terminates employment by
taking early retirement or who otherwise voluntarily terminates
employment.
(7) The term ``qualified military personnel'' means members
and former members of the Armed Forces of the United States who
have training in site remediation, site characterization, waste
management, waste reduction, recycling, engineering, or
positions related to environmental engineering or basic
sciences (including training for management positions). Such
term shall not include any former member of the Armed Forces
whose service in the Armed Forces was terminated by dismissal
(in the case of a former officer) or by discharge with a
dishonorable discharge or a bad conduct discharge (in the case
of a former enlisted member).
(8) The term ``radioactive waste'' means solid, liquid, or
gaseous material that contains radionuclides regulated under
the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) of
negligible economic value (considering the cost of recovery).
SEC. 2. EDUCATION AND TRAINING PROGRAM.
(a) In General.--
(1) Establishment of program.--
(A) In general.--Not later than 6 months after the
date of the enactment of this Act, the Administrator,
in consultation with the Secretaries of Energy and
Defense, shall establish an education and training
program for qualified individuals in order to enable
such individuals to acquire career training in
environmental engineering, environmental sciences, or
environmental project management in fields related to
hazardous waste management and cleanup.
(B) Development of academic program.--In carrying
out the program, the Administrator, in consultation
with the Secretaries of Energy and Defense, shall
develop and implement an academic program for qualified
individuals at institutions of higher education at both
undergraduate and graduate levels, and which may lead
to the awarding of an academic degree or a
certification that is supplemental to an academic
degree.
(2) Program activities.--
(A) In General.--The program established pursuant
to paragraph (1) may include educational activities and
training related to--
(i) site remediation;
(ii) site characterization;
(iii) hazardous waste management (including
such specialized activities and training
relating specifically to radioactive waste as
the Administrator determines to be
appropriate);
(iv) hazardous waste reduction (including
such specialized activities and training
relating specifically to radioactive waste as
the Administrator determines to be
appropriate);
(v) recycling;
(vi) process and materials engineering;
(vii) training for positions related to
environmental engineering, environmental
sciences, or environmental project management
(including training for management positions);
and
(viii) environmental engineering with
respect to the construction of facilities to
address the items described in clauses (i)
through (vii).
(B) Educational activities.--The program
established pursuant to paragraph (1) shall include
educational activities designed for personnel
participating in a program to achieve specialization in
the following fields:
(i) Earth sciences.
(ii) Chemistry.
(iii) Chemical Engineering.
(iv) Environmental engineering.
(v) Statistics.
(vi) Toxicology.
(vii) Industrial hygiene.
(viii) Health physics.
(ix) Environmental project management.
(x) Any other field that the Administrator
determines to be appropriate.
(b) Grant Program.--
(1) In general.--From the amounts made available under
subsection (c), the Administrator shall award grants to the
hazardous substance research centers to pay the Federal share
of carrying out the development and implementation of the
academic program described in subsection (a).
(2) Grant awards.--The Federal share of each grant awarded
under this subsection shall be 100 percent.
(c) Funding.--
(1) Environmental protection agency.--
(A) In general.--Subject to the limitation
described in subparagraph (B), 50 percent of the cost
of carrying out this section shall be funded from
amounts made available for fiscal year 1993 to the
Environmental Protection Agency pursuant to the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(B) Limitation.--The limitation described in this
subparagraph is that not more than 1 percent of the
amounts made available for fiscal year 1993 to the
Environmental Protection Agency pursuant to the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) may be
used to carry out this section.
(C) Special rule.--Amounts provided under this
paragraph to hazardous substance research centers shall
be used to supplement and not supplant other funds
provided to such centers by the Environmental
Protection Agency.
(2) Department of defense.--
(A) In general.--Subject to the limitation
described in subparagraph (B), 25 percent of the cost
of carrying out this section shall be funded from
amounts appropriated for fiscal year 1993 to the
Defense Environmental Restoration Account established
in section 2703 of title 10, United States Code.
(B) Limitation.--The limitation described in this
subparagraph is that not more than 1 percent of the
amounts appropriated for fiscal year 1993 to the
Defense Environmental Restoration Account may be used
to carry out this section.
(C) Transfer.--The Secretary of Defense shall
transfer an amount determined in accordance with
subparagraphs (A) and (B) to the Environmental
Protection Agency, pursuant to the authority granted
the Secretary under section 2703 of title 10, United
States Code.
(3) Department of energy.--
(A) In General.--Subject to the limitation
described in subparagraph (B), 25 percent of the cost
of carrying out this section shall be funded from
amounts made available for fiscal year 1993 to the
Department of Energy for the purpose of environmental
cleanup.
(B) Limitation.--The limitation described in this
subparagraph is that not more than 1 percent of the
amounts made available for fiscal year 1993 to the
Department of Energy may be used to carry out this
section.
(C) Transfer.--The Secretary of Energy shall
transfer an amount determined in accordance with
subparagraphs (A) and (B) to the Environmental
Protection Agency.
(D) Special rule.--Amounts provided under this
paragraph to hazardous substance research centers shall
be used to supplement and not supplant other funds
provided to such centers by the Department of Energy. | Directs the Administrator of the Environmental Protection Agency (EPA) to: (1) establish a program for qualified military and Department of Energy (DOE) personnel to enable such individuals to acquire career training in environmental engineering, environmental sciences, or environmental project management in fields related to hazardous waste management and cleanup; and (2) implement, as part of such program, an academic program at institutions of higher education at undergraduate and graduate levels.
Requires the Administrator to award grants to the hazardous substance research centers described under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to pay the full cost of the academic program.
Provides funding for the program, subject to certain limitations, from amounts allocated for: (1) the EPA under CERCLA; (2) the Defense Environmental Restoration Account; and (3) DOE environmental cleanup activities. | A bill to authorize the Administrator of the Environmental Protection Agency to establish a program to provide career training through the hazardous substance research center program of the Environmental Protection Agency to qualified military personnel and qualified Department of Energy personnel in order to enable such individuals to acquire proficiency in hazardous and radioactive waste management, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Payment Improvement Act of
2009''.
SEC. 2. VALUE INDEX UNDER THE MEDICARE PHYSICIAN FEE SCHEDULE.
(a) In General.--Section 1848(e)(5) of the Social Security Act (42
U.S.C. 1395w-4(e)) is amended by adding at the end the following new
paragraph:
``(6) Value index.--
``(A) In general.--The Secretary shall determine a
value index for each fee schedule area. The value index
shall be the ratio of the quality component under
subparagraph (B) to the cost component under
subparagraph (C) for that fee schedule area.
``(B) Quality component.--
``(i) In general.--The quality component
shall be based on a composite score that
reflects quality measures available on a State
or fee schedule area basis. The measures shall
reflect health outcomes and health status for
the Medicare population, patient safety, and
patient satisfaction. The Secretary shall use
the best data available, after consultation
with the Agency for Healthcare Research and
Quality and with private entities that compile
quality data.
``(ii) Requirement.--In establishing the
quality component under this subparagraph, the
Secretary shall take into account the
following:
``(I) Hospital readmission rates.
``(II) Hospital emergency
department utilization for ambulatory
care-sensitive conditions.
``(III) Hospital admissions for
ambulatory care-sensitive conditions.
``(IV) Mortality amenable to health
care.
``(V) Other items determined
appropriate by the Secretary.
``(iii) Establishment.--The quality
component for each fee schedule area shall be
the ratio of the quality score for such area to
the national average quality score.
``(iv) Application.--In the case of a fee
schedule area that is less than an entire
State, if available quality data is not
sufficient to measure quality at the sub-State
level, the quality component for a sub-State
fee schedule area shall be the quality
component for the entire State.
``(C) Cost component.--
``(i) In general.--The cost component shall
be total annual per beneficiary Medicare
expenditures under part A and this part for the
fee schedule area. The Secretary may use total
per beneficiary expenditures under such parts
in the last two years of life as an alternative
measure if the Secretary determines that such
measure better takes into account severity
differences among fee schedule areas.
``(ii) Establishment.--The cost component
for a fee schedule area shall be the ratio of
the cost per beneficiary for such area to the
national average cost per beneficiary.''.
(b) Conforming Amendments.--Section 1848 of the Social Security Act
(42 U.S.C. 1395w-4) is amended--
(1) in subparagraph (b)(1)(C), by striking ``geographic''
and inserting ``geographic and value''; and
(2) in subsection (e)--
(A) in paragraph (1)--
(i) in the heading, by inserting ``and
value'' after ``geographic'';
(ii) in subparagraph (A), by striking
clause (iii) and inserting the following new
clause:
``(iii) a value index (as defined in
paragraph (6)) applicable to physician work.'';
(iii) in subparagraph (C), by inserting
``and value'' after ``geographic'' in the first
sentence;
(iv) in subparagraph (D), by striking
``physician work effort'' and inserting
``value'';
(v) by striking subparagraph (E); and
(vi) by striking subparagraph (G);
(B) by striking paragraph (2) and inserting the
following new paragraph:
``(2) Computation of geographic and value adjustment
factor.--For purposes of subsection (b)(1)(C), for all
physicians' services for each fee schedule area the Secretary
shall establish a geographic and value adjustment factor equal
to the sum of the geographic cost-of-practice adjustment factor
(specified in paragraph (3)), the geographic malpractice
adjustment factor (specified in paragraph (4)), and the value
adjustment factor (specified in paragraph (5)) for the service
and the area.''; and
(C) by striking paragraph (5) and inserting the
following new paragraph:
``(5) Physician work value adjustment factor.--For purposes
of paragraph (2), the `physician work value adjustment factor'
for a service for a fee schedule area, is the product of--
``(A) the proportion of the total relative value
for the service that reflects the relative value units
for the work component; and
``(B) the value index score for the area, based on
the value index established under paragraph (6).''.
(c) Availability of Quality Component Prior to Implementation.--The
Secretary of Health and Human Services shall make the quality component
described in section 1848(c)(6)(B) of the Social Security Act, as added
by subsection (a), for each fee schedule area available to the public
by not later than January 1, 2011.
(d) Effective Date.--The amendments made by this section shall
apply to the Medicare physician fee schedule for 2012 and each
subsequent year. | Medicare Payment Improvement Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services (HHS) to determine a value index for the physician work component for each Medicare physician fee schedule area. | To amend title XVIII of the Social Security Act to create a value indexing mechanism for the physician work component of the Medicare physician fee schedule. |
approved April 12, 1892 (20
U.S.C. 91) is amended by striking out ``Patent Office'' and
inserting in lieu thereof ``United States Patent and Trademark
Corporation''.
(15) Section 505(m) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(m)) is amended by striking out ``Patent and
Trademark Office of the Department of Commerce'' and inserting
in lieu thereof ``United States Patent and Trademark
Corporation''.
(16) Section 512(o) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360b(o)) is amended by striking out ``Patent and
Trademark Office of the Department of Commerce'' and inserting
in lieu thereof ``United States Patent and Trademark
Corporation''.
(17) Section 702(d) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 372(d)) is amended by striking out
``Commissioner of Patents'' and inserting in lieu thereof
``Commissioner of Patents and Trademarks''.
(18) Section 501(b)(1) of the Jobs Through Trade Expansion
Act of 1994 (22 U.S.C. 2151t-1(b)(1)) is amended by striking
out ``Patent and Trademark Office'' and inserting in lieu
thereof ``United States Patent and Trademark Corporation''.
(19) Section 2 of the Act of August 27, 1935 (25 U.S.C.
305a) is amended by striking out ``Patent and Trademark
Office'' and inserting in lieu thereof ``United States Patent
and Trademark Corporation''.
(20) Section 105(e) of the Federal Alcohol Administration
Act (27 U.S.C. 205(e)) is amended by striking out ``Patent
Office'' and inserting in lieu thereof ``United States Patent
and Trademark Corporation''.
(21) Section 1295(a)(4) of title 28, United States Code, is
amended by striking out ``Patent and Trademark Office'' and
inserting in lieu thereof ``United States Patent and Trademark
Corporation''.
(22) Section 1744 of title 28, United States Code, is
amended--
(A) in the section heading by striking out ``Patent
Office'' and inserting in lieu thereof ``United States
Patent and Trademark Office'';
(B) by striking out ``Patent Office'' each place
such term appears and inserting in lieu thereof
``United States Patent and Trademark Corporation''; and
(C) by striking out ``Commissioner of Patents'' and
inserting in lieu thereof ``Commissioner of Patents and
Trademarks''.
(23) Section 1745 of title 28, United States Code, is
amended by striking out ``United States Patent Office'' and
inserting in lieu thereof ``United States Patent and Trademark
Corporation''.
(24) Section 1928 of title 28, United States Code, is
amended by striking out ``Patent Office'' and inserting in lieu
thereof ``United States Patent and Trademark Corporation''.
(25) Section 9101(3) of title 31, United States Code, is
amended by adding at the end thereof:
``(O) the United States Patent and Trademark
Corporation.''.
(26) The provisions of title 35, United States Code, are
amended by striking out ``Patent and Trademark Office'' and
``United States Patent and Trademark Office'' each place such
terms appear and inserting in each such place ``United States
Patent and Trademark Corporation''.
(27) The table of sections for chapter 1 of part I of title
35, United States Code, is amended to read as follows:
``CHAPTER 1--ESTABLISHMENT, OFFICERS, FUNCTIONS
``Sec.
``1. Establishment.
``2. Powers and duties.
``3. Officers and employees.
``4. Restrictions on officers and employees as to interest in patents.
``5. Advisory Board.
``6. Suits by and against the Corporation.
``7. Board of Patent Appeals and Interferences.
``8. Library.
``9. Classification of patents.
``10. Certified copies of records.
``11. Publications.
``12. Exchange of copies of patents with foreign countries.
``13. Copies of patents for public libraries.
``14. Annual report to Congress.
``15. Use of Corporation name.
``16. Definitions.''.
(28) Section 302 of title 35, United States Code, is
amended in the second sentence by inserting ``established''
before ``pursuant''.
(29) Sections 371(c)(1) and 376(a) of title 35, United
States Code, are amended by striking out ``provided'' and
inserting in lieu thereof ``established under''.
(30) Section 602 of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 474) is amended by inserting
after paragraph (21) the following new paragraph:
``(22) the United States Patent and Trademark
Corporation,''.
(31) Section 151 (c) and (d) of the Atomic Energy Act of
1954 (42 U.S.C. 2181 (c) and (d)) are each amended by striking
out ``Commissioner of Patents'' and inserting in lieu thereof
``Commissioner of Patents and Trademarks''.
(32) Section 160 of the Atomic Energy Act of 1954 (42
U.S.C. 2190) is amended by striking out ``Patent Office'' and
inserting in lieu thereof ``United States Patent and Trademark
Corporation''.
(33) Section 305(c) of the National Aeronautics and Space
Act of 1958 (42 U.S.C. 2457(c)) is amended by striking out
``Commissioner of Patents'' and inserting in lieu thereof
``Commissioner of Patents and Trademarks''.
(34) Section 12(a) of the Solar Energy Research,
Development, and Demonstration Act of 1974 (42 U.S.C. 5510(a))
is amended by striking out ``Commissioner of Patent Office''
and inserting in lieu thereof ``Commissioner of Patents and
Trademarks''.
(35) Section 1111 of title 44, United States Code, is
amended by striking out ``Commissioner of Patents'' and
inserting in lieu thereof ``Commissioner of Patents and
Trademarks''.
(36) Section 1123 of title 44, United States Code, is
amended by striking out ``the Patent Office,''.
(37) Section 1114 of title 44, United States Code, is
amended by striking out ``Commissioner of Patents,''.
(38)(A) Sections 1337 and 1338 of title 44, United States
Code, are repealed.
(B) The table of sections for chapter 13 of title 44,
United States Code, is amended by striking out the items
relating to sections 1337 and 1338.
(39) Section 10(i) of the Trading with the Enemy Act (50
U.S.C. App. 10) is amended by striking out ``Commissioner of
Patents'' and inserting in lieu thereof ``Commissioner of
Patents and Trademarks''.
TITLE II--MISCELLANEOUS PROVISIONS
SEC. 201. SEPARABILITY.
If any provision of this Act or the application thereof to any
person or circumstance is held invalid, the remainder of this Act, and
the application of such provision to other persons or circumstances
shall not be affected thereby.
SEC. 202. EFFECTIVE DATE.
This Act shall take effect 180 days after the date of the enactment
of this Act.
S 1458 IS----2
S 1458 IS----3
S 1458 IS----4 | TABLE OF CONTENTS:
Title I: Patent and Trademark Corporation
Title II: Miscellaneous Provisions
Patent and Trademark Office Reform Act of 1995 -
Title I: Patent and Trademark Corporation
- Replaces specified provisions governing the Patent and Trademark Office with provisions establishing the Patent and Trademark Corporation as a wholly owned Government corporation within the Department of Commerce. Requires the Corporation to maintain an office in the District of Columbia metropolitan area. Provides appropriate Corporation powers and duties with respect to the granting and issuing of patents and the registration of trademarks, as well as related activities.
Vests Corporation management in the Commissioner of Patents and Trademarks, appointed by the President, with specified duties and responsibilities. Directs the Commissioner to appoint a Deputy Commissioner for Patents, a Deputy Commissioner for Trademarks, and an Inspector General. Exempts: (1) the Corporation from any administratively or statutorily imposed limitations on positions or personnel; and (2) Corporation personnel from various Federal employment authorities and requirements, including provisions governing employee classification, performance appraisals, and pay rates. Includes such employees under Federal provisions relating to retirement and health and life insurance. Requires all officers and employees of the Patent and Trademark Office to become officers and employees of the Corporation on the effective date of this Act. Provides other employee and Office transition provisions. Prohibits Corporation officers and employees, during their appointments and for one year thereafter, from applying for or acquiring any patent issued by the Corporation.
Establishes an Advisory Board of the Corporation to review and report annually to the President and specified congressional committees on the Corporation's policies, goals, performance, budget, and user fees and to advise the Commissioner.
Sets forth provisions regarding: (1) suits by and against the Corporation; (2) revised membership and duties of the Board of Patent Appeals and Interferences; (3) a required annual Corporation management report; (4) the prohibited use of the Corporation's name; (5) receipts, expenditures, and borrowing authority of the Corporation; (6) annual audit requirements; (7) the transfer to the Corporation of Department of Commerce functions, powers, duties, and assets; (8) transition requirements; and (9) technical and conforming amendments.
(Sec. 109) Prohibits full-time equivalent Corporation positions from being eliminated in order to meet the requirements of the Federal Workforce Restructuring Act of 1994.
Title II: Miscellaneous Provisions
- Provides for the separability of provisions of this Act. Makes this Act effective 180 days after its enactment. | Patent and Trademark Office Reform Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Torture Victims Relief Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The American people abhor torture by any government or
person. The existence of torture creates a climate of fear and
international insecurity that affects all people.
(2) Torture is the deliberate mental and physical damage
caused by governments to individuals to destroy individual
personality and terrorize society. The effects of torture are
long term. Those effects can last a lifetime for the survivors
and affect future generations.
(3) By eliminating leadership of their opposition and
frightening the general public, repressive governments often
use torture as a weapon against democracy.
(4) Torture survivors remain under physical and
psychological threats, especially in communities where the
perpetrators are not brought to justice. In many nations, even
those who treat torture survivors are threatened with
reprisals, including torture, for carrying out their ethical
duties to provide care. Both the survivors of torture and their
treatment providers should be accorded protection from further
repression.
(5) A significant number of refugees and asylees entering
the United States have been victims of torture. Those claiming
asylum deserve prompt consideration of their applications for
political asylum to minimize their insecurity and sense of
danger. Many torture survivors now live in the United States.
They should be provided with the rehabilitation services which
would enable them to become productive members of our
communities.
(6) The development of a treatment movement for torture
survivors has created new opportunities for action by the
United States and other nations to oppose state-sponsored and
other acts of torture.
(7) There is a need for a comprehensive strategy to protect
and support torture victims and their treatment providers,
together with overall efforts to eliminate torture.
(8) By acting to heal the survivors of torture and protect
their families, the United States can help to heal the effects
of torture and prevent its use around the world.
(9) The United States became a party to the Convention
Against Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment on November 20, 1994, but has not
implemented Article 3 of the Convention.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) In general.--Except as otherwise provided, the terms
used in this Act have the meanings given those terms in section
101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)).
(2) Torture.--The term ``torture'' has the meaning given
the term in section 2340(1) of title 18, United States Code,
and includes the use of rape and other forms of sexual violence
by a person acting under the color of law upon another person
under his custody or physical control.
SEC. 4. PROHIBITION ON INVOLUNTARY RETURN OF PERSONS FEARING SUBJECTION
TO TORTURE.
(a) Prohibition.--Notwithstanding any other provision of law, the
United States shall not expel, remove, extradite, or otherwise return
involuntarily an individual to a country if there is substantial
evidence that a reasonable person in the circumstances of that
individual would fear subjection to torture in that country.
(b) Definition.--For purposes of this section, the term ``to return
involuntarily'', in the case of an individual, means--
(1) to return the individual without the individual's
consent, whether or not the return is induced by physical force
and whether or not the person is physically present in the
United States; or
(2) to take an action by which it is reasonably foreseeable
that the individual will be returned, whether or not the return
is induced by physical force and whether or not the person is
physically present in the United States.
SEC. 5. IMMIGRATION PROCEDURES FOR TORTURE VICTIMS.
(a) Covered Aliens.--An alien described in this section is any
alien who presents a claim of having been subjected to torture, or whom
there is reason to believe has been subjected to torture.
(b) Consideration of the Effects of Torture.--In considering an
application by an alien described in subsection (a) for refugee status
under section 207 of the Immigration and Nationality Act, asylum under
section 208 of that Act, or withholding of removal under section
241(b)(3) of that Act, the appropriate officials shall take into
account--
(1) the manner in which the effects of torture might affect
the applicant's responses in the application and in the
interview process or other immigration proceedings, as the case
may be;
(2) the difficulties torture victims often have in
recounting their suffering under torture; and
(3) the fear victims have of returning to their country of
nationality where, even if torture is no longer practiced or
the incidence of torture is reduced, their torturers may have
gone unpunished and may remain in positions of authority.
(c) Expedited Processing of Refugee Admissions.--For purposes of
section 207(c) of the Immigration and Nationality Act (8 U.S.C.
1157(c)), refugees who have been subjected to torture shall be
considered to be refugees of special humanitarian concern to the United
States and shall be accorded priority for resettlement at least as high
as that accorded any other group of refugees.
(d) Processing for Asylum and Withholding of Removal.--Section
235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C.
1225(b)(1)(A)) is amended by adding at the end the following new
clause:
``(iv) Special procedures for aliens who
are the victims of torture.--
``(I) Expedited procedures.--With
the consent of the alien, an asylum
officer or immigration judge shall
expedite the scheduling of an asylum
interview or a removal proceeding for
any alien who presents a claim of
having been subjected to torture,
unless the evidence indicates that a
delay in making a determination
regarding the granting of asylum under
section 208 of the Immigration and
Nationality Act or the withholding of
removal under section 241(b)(3) of that
Act with respect to the alien would not
aggravate the physical or psychological
effects of torture upon the alien.
``(II) Delay of proceedings.--With
the consent of the alien, an asylum
officer or immigration judge shall
postpone an asylum interview or a
removal proceeding for any alien who
presents a claim of having been
subjected to torture, if the evidence
indicates that, as a result of the
alien's mental or physical symptoms
resulting from torture, including the
alien's inability to recall or relate
the events of the torture, the alien
will require more time to recover or be
treated before being required to
testify.
(e) Parole in Lieu of Detention.--The finding that an alien is a
person described in subsection (a) shall be a strong presumptive basis
for a grant of parole, under section 212(d)(5) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5)), in lieu of detention.
(f) Exemption From Expedited Removal.--Section 235(b)(1)(F) of the
Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(F)) is amended by
inserting before the period at the end the following: ``, or to an
alien described in section 5(a) of the Torture Victims Relief Act''.
(g) Sense of Congress.--It is the sense of Congress that the
Attorney General should allocate resources sufficient to maintain in
the Resource Information Center of the Immigration and Naturalization
Service current information relating to the use of torture in foreign
countries.
SEC. 6. SPECIALIZED TRAINING FOR CONSULAR, IMMIGRATION, AND ASYLUM
PERSONNEL.
(a) In General.--The Attorney General shall provide training for
immigration inspectors and examiners, immigration officers, asylum
officers, immigration judges, and all other relevant officials of the
Department of Justice, and the Secretary of State shall provide
training for consular officers, with respect to--
(1) the identification of torture;
(2) the identification of the surrounding circumstances in
which torture is most often practiced;
(3) the long-term effects of torture upon a victim;
(4) the identification of the physical, cognitive, and
emotional effects of torture, and the manner in which these
effects can affect the interview or hearing process; and
(5) the manner of interviewing victims of torture so as not
to retraumatize them, eliciting the necessary information to
document the torture experience, and understanding the
difficulties victims often have in recounting their torture
experience.
(b) Gender-Related Considerations.--In conducting training under
subsection (a) (4) or (5), gender-specific training shall be provided
on the subject of interacting with women and men who are victims of
torture by rape or any other form of sexual violence.
SEC. 7. DOMESTIC TREATMENT CENTERS.
(a) Amendment of the Immigration and Nationality Act.--Section 412
of the Immigration and Nationality Act (8 U.S.C. 1522) is amended by
adding at the end the following new subsection:
``(b) Assistance for Treatment of Torture Victims.--The Secretary
may provide grants to programs in the United States to cover the cost
of the following services:
``(1) Services for the rehabilitation of victims of
torture, including treatment of the physical and psychological
effects of torture.
``(2) Social and legal services for victims of torture.
``(3) Research and training for health care providers
outside of treatment centers, or programs for the purpose of
enabling such providers to provide the services described in
paragraph (1).''.
(b) Funding.--
(1) Authorization of appropriations.--Of the amounts
authorized to be appropriated for the Department of Health and
Human Services for fiscal years 1999, 2000, and 2001, but not
from funds made available to the Office of Refugee
Resettlement, there are authorized to be appropriated to carry
out section 412(g) of that Act (relating to assistance for
domestic centers and programs for the treatment of victims of
torture), as added by subsection (a), the following amounts for
the following fiscal years:
(A) For fiscal year 1999, $5,000,000.
(B) For fiscal year 2000, $7,500,000.
(C) For fiscal year 2001, $9,000,000.
(2) Availability of funds.--Amounts appropriated pursuant
to this subsection shall remain available until expended.
(c) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 1998.
SEC. 8. FOREIGN TREATMENT CENTERS.
(a) Amendments of the Foreign Assistance Act of 1961.--Part I of
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended
by adding at the end of chapter 1 the following new section:
``SEC. 129. ASSISTANCE FOR VICTIMS OF TORTURE.
``(a) In General.--The President is authorized to provide
assistance for the rehabilitation of victims of torture.
``(b) Eligibility for Grants.--Such assistance shall be provided in
the form of grants to treatment centers and programs in foreign
countries that are carrying out projects or activities specifically
designed to treat victims of torture for the physical and psychological
effects of the torture.
``(c) Use of Funds.--Such assistance shall be available--
``(1) for direct services to victims of torture; and
``(2) to provide research and training to health care
providers outside of treatment centers or programs described in
subsection (b), for the purpose of enabling such providers to
provide the services described in paragraph (1).''.
(b) Funding.--
(1) Authorization of appropriations.--Of the amounts
authorized to be appropriated for fiscal years 1999, 2000, and
2001 pursuant to chapter 1 of part I of the Foreign Assistance
Act of 1961, there are authorized to be appropriated to the
President $5,000,000 for fiscal year 1999, $7,500,000 for
fiscal year 2000, and $9,000,000 for fiscal year 2001 to carry
out section 129 of the Foreign Assistance Act, as added by
subsection (a).
(2) Availability of funds.--Amounts appropriated pursuant
to this subsection shall remain available until expended.
(c) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 1998.
SEC. 9. MULTILATERAL ASSISTANCE.
(a) Funding.--Of the amounts authorized to be appropriated for
fiscal years 1999, 2000, and 2001 pursuant to chapter 1 of part I of
the Foreign Assistance Act of 1961, there are authorized to be
appropriated to the United Nations Voluntary Fund for Victims of
Torture (in this section referred to as the ``Fund'') the following
amounts for the following fiscal years:
(1) Fiscal year 1999.--For fiscal year 1999, $3,000,000.
(2) Fiscal year 2000.--For fiscal year 2000, $3,000,000.
(3) Fiscal year 2001.--For fiscal year 2001, $3,000,000.
(b) Availability of Funds.--Amounts appropriated pursuant to
subsection (a) shall remain available until expended.
(c) Sense of Congress.--It is the sense of Congress that the
President, acting through the United States Permanent Representative to
the United Nations, should--
(1) request the Fund--
(A) to find new ways to support and protect
treatment centers and programs that are carrying out
rehabilitative services for victims of torture; and
(B) to encourage the development of new such
centers and programs;
(2) use the voice and vote of the United States to support
the work of the Special Rapporteur on Torture and the Committee
Against Torture established under the Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment; and
(3) use the voice and vote of the United States to
establish a country rapporteur or similar procedural mechanism
to investigate human rights violations in a country if either
the Special Rapporteur or the Committee Against Torture
indicates that a systematic practice of torture is prevalent in
that country. | Torture Victims Relief Act - Prohibits the United States from expelling, removing, extraditing, or otherwise involuntarily returning an individual to a country if there is substantial evidence that a reasonable person in the circumstances of that individual would fear subjection to torture in that country.
(Sec. 5) Covers within this Act any alien presenting a claim of having been tortured, or whom there is reason to believe has been tortured.
Sets forth provisions regarding: (1) consideration by appropriate officials of the effects of torture; (2) expedited processing of refugee admissions and for asylum and withholding of removal; (3) granting parole in lieu of detention for such an individual under the Immigration and Nationality Act; and (4) exemption of such an individual from expedited removal pursuant to such Act.
Expresses the sense of the Congress that the Attorney General should allocate sufficient resources to maintain in the Immigration and Naturalization Service's Resource Information Center current information relating to the use of torture in foreign countries.
(Sec. 6) Directs the Attorney General to provide training for immigration inspectors and examiners, immigration officers, asylum officers, immigration judges, and other relevant Department of Justice officials, and directs the Secretary of State to provide training for consular officers, regarding the identification of torture, the surrounding circumstances most often practiced, the long-term effects upon a victim, the identification of the physical, cognitive, and emotional effects of torture, and the appropriate manner of interviewing torture victims.
(Sec. 7) Amends the Immigration and Nationality Act to authorize the Secretary of Health and Human Services to provide grants to programs in the United States to cover the cost of specified services for torture victims. Authorizes the appropriation of funds for assistance for domestic centers and programs for the treatment of torture victims.
(Sec. 8) Amends the Foreign Assistance Act of 1961 to authorize the President to provide grants to treatment centers and programs in foreign countries which are specifically carrying out projects or activities to treat victims of torture. Authorizes appropriations.
(Sec. 9) Authorizes appropriations to the United Nations Voluntary Fund for Victims of Torture for FY 1999 through 2001. | Torture Victims Relief Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Long-Term Care Act of 1994''.
SEC. 2. NONRECOGNITION OF GAIN ON SALE OF PRINCIPAL RESIDENCE TO EXTENT
PROCEEDS USED FOR ENTRANCE INTO CONTINUING CARE
RETIREMENT COMMUNITY.
(a) In General.--Section 1034 of the Internal Revenue Code of 1986
(relating to rollover of gain of sale of principal residence) is
amended by redesignating subsection (l) as subsection (m) and by
inserting after subsection (k) the following new subsection:
``(l) Nonrecognition of Gain If New Residence Is Qualified
Continuing Care Retirement Community.--
``(1) In general.--Gross income shall not include gain from
the sale of the principal residence of the taxpayer if--
``(A) the taxpayer attained age 55 before the date
of such sale, and
``(B) within the 2-year period beginning on such
date, the taxpayer has as his principal residence a
qualified continuing care retirement community.
``(2) Limitation.--The amount excluded from gross income
under paragraph (1) shall not exceed the amount paid by the
taxpayer during such 2-year period to such retirement community
in order for the taxpayer or his spouse to reside in such
community.
``(3) Recapture in certain cases.--
``(A) In general.--If the taxpayer ceases to have
as his principal residence (other than by reason of
death) a qualified continuing care retirement
community, the amount excluded from gross income under
paragraph (1) shall be included in gross income for the
taxable year in which such cessation occurs.
``(B) Exceptions.--The amount includible in gross
income under subparagraph (A) shall be reduced by the
amount paid by the taxpayer (during the 6-month period
after the date of cessation)--
``(i) to a qualified continuing care
retirement community in order for the taxpayer
or his spouse to reside in such community (but
only if the community becomes the principal
residence of the taxpayer or his spouse during
such period), or
``(ii) for qualified long-term care
expenses (as defined in section 408(d)(8)) of
the taxpayer or his spouse.
``(4) Special rules for married individuals.--In the case
of a husband and wife who file a joint return for the taxable
year which includes the date of the sale of the old residence--
``(A) the age requirement of paragraph (1)(A) shall
be treated as met if either spouse meets such
requirement, and
``(B) paragraph (3) shall be applied by taking into
account one-half of the gain with respect to each
spouse.
``(5) Qualified continuing care retirement community.--For
purposes of this subsection, the term `qualified continuing
care retirement community' has the meaning given such term by
section 7872(g).''
(b) Effective Date.--The amendments made by this section shall
apply to old residences sold after the date of the enactment of this
Act.
SEC. 3. EXCLUSION FROM GROSS INCOME FOR AMOUNTS WITHDRAWN FROM
INDIVIDUAL RETIREMENT PLANS FOR LONG-TERM CARE.
(a) In General.--Subsection (d) of section 408 of the Internal
Revenue Code of 1986 (relating to tax treatment of distributions from
individual retirement plans) is amended by adding at the end thereof
the following new paragraph:
``(8) Distributions for qualified long-term care
expenses.--
``(A) In general.--No amount (which but for this
paragraph would be includible in the gross income of
the payee or distributee under paragraph (1)) shall be
included in gross income during the taxable year if--
``(i) the payee or distributee has attained
age 59\1/2\ on or before the date of the
distribution, and
``(ii) the distribution is used during such
year to pay qualified long-term care expenses
for the benefit of the payee or distributee or
the spouse of the payee or distributee if such
spouse has attained age 59\1/2\ on or before
the date of the distribution.
``(B) Qualified long-term care expenses.--For
purposes of subparagraph (A), the term `qualified long-
term care expenses' means any amount paid--
``(i) as premiums for any qualified long-
term care insurance policy, or
``(ii) for services of a type for which
coverage may be provided under a qualified
long-term care insurance policy.
``(C) Qualified long-term care insurance policy.--
For purposes of subparagraph (B)--
``(i) In general.--Subject to clause (ii),
the term `qualified long-term care insurance
policy' means an insurance policy or rider,
issued by a qualified issuer, and certified by
the Secretary of Health and Human Services (in
accordance with procedures similar to the
procedures prescribed in section 1882 of the
Social Security Act (42 U.S.C. 1385ss) used in
the certification of medicare supplemental
policies (as defined in subsection (g)(1) of
such section)) to be advertised, marketed,
offered, or designed to provide coverage--
``(I) for not less than 12
consecutive months for each covered
person,
``(II) on an expense incurred,
indemnity, or prepaid basis,
``(III) for 1 or more medically
necessary, diagnostic services,
preventive services, therapeutic
services, rehabilitation services,
maintenance services, personal care
services, or continuing care services,
and
``(IV) provided in a setting other
than an acute care unit of a hospital.
``(ii) Coverage specifically excluded.--
Such term does not include any insurance policy
or rider which is offered primarily to provide
any combination of the following kinds of
coverage:
``(I) Basic Medicare supplement
coverage.
``(II) Basic hospital expense
coverage.
``(III) Basic medical-surgical
expense coverage.
``(IV) Hospital confinement
indemnity coverage.
``(V) Major medical expense
coverage.
``(VI) Disability income protection
coverage.
``(VII) Accident only coverage.
``(VIII) Specified disease
coverage.
``(IX) Specified accident coverage.
``(X) Limited benefit health
coverage.
``(iii) Qualified issuer.--For purposes of
clause (i), the term `qualified issuer' means
any of the following:
``(I) Private insurance company.
``(II) Fraternal benefit society.
``(III) Nonprofit health
corporation.
``(IV) Nonprofit hospital
corporation.
``(V) Nonprofit medical service
corporation.
``(VI) Prepaid health plan.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to distributions after the date of the enactment of this Act in
taxable years ending after such date.
SEC. 4. INCREASE IN EXCLUSION OF GAIN ON SALE OF PRINCIPAL RESIDENCE BY
INDIVIDUALS WHO HAVE ATTAINED AGE 55 FOR AMOUNTS SET
ASIDE FOR LONG-TERM CARE.
(a) In General.--Paragraph (1) of section 121(b) of the Internal
Revenue Code of 1986 (relating to one-time exclusion of gain from sale
of principal residence by individual who has attained age 55) is
amended to read as follows:
``(1) Dollar limitation.--
``(A) In general.--The amount of the gain excluded
from gross income under subsection (a) shall not exceed
$125,000 ($62,500 in the case of a separate return by a
married individual).
``(B) Exception for amounts set aside for long-term
care.--
``(i) In general.--The dollar amount
applicable under subparagraph (A) shall be
increased by the amount set aside by the
taxpayer (during the taxable year in which the
sale or exchange occurs) in a separate account
the principal and earnings on which are to be
used by the taxpayer only to pay qualified
long-term care expenses (as defined in section
408(d)(8)) for the benefit of the taxpayer or
the spouse of the taxpayer.
``(ii) Tax on amounts not used for long-
term care expenses.--If any amount paid or
distributed from an account described in clause
(i) is used other than to pay qualified long-
term care expenses (as so defined) for the
benefit of the taxpayer or the spouse of the
taxpayer--
``(I) such amount shall be
includible in gross income for the
taxable year in which paid or
distributed, and
``(II) the taxpayer's tax imposed
by this chapter for such taxable year
shall be increased by an amount equal
to 10 percent of such amount.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to sales and exchanges after the date of the enactment of this
Act in taxable years ending after such date.
SEC. 5. FEDERAL PREEMPTION RELATING TO REVERSE MORTGAGE LOANS.
(a) Laws Relating Generally to Mortgages.--No State or political
subdivision of a State may establish, continue in effect, or enforce
any mortgage loan law, as such law applies to any reverse mortgage
loan, unless the mortgage loan law expressly applies to reverse
mortgage loans (or to certain types of such loans) or on its face
evidences the existence of reverse mortgage loans (or certain types of
such loans).
(b) Savings Provision.--Subsection (a) may not be construed--
(1) to annul, alter, or affect any mortgage loan law as
such law applies to any mortgage loan that is not a reverse
mortgage loan; or
(2) to limit the authority of any State or any political
subdivision of a State to establish, continue in effect, or
enforce any provision of law expressly applicable to reverse
mortgage loans (or certain types of such loans).
(c) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Mortgage loan.--The term ``mortgage loan'' means any
loan for the unpaid purchase price of real property or advances
on real property that, pursuant to the laws of the applicable
State or political subdivision of a State, is secured by any
lien on or interest in the property.
(2) Mortgage loan law.--The term ``mortgage loan law''
means any law that applies to any mortgage loan or regulates,
limits, authorizes, or otherwise affects any mortgage loan.
(3) Reverse mortgage.--The term ``reverse mortgage'' means
any mortgage loan--
(A) that is secured by a dwelling that is the
principal residence of the borrower and is designed
principally as a 1-family residence;
(B) under which payments are made to the borrower
based on the equity of the borrower in the residence;
(C) under which no repayment of principal and
interest is required until the entire indebtedness
under the loan becomes due and payable; and
(D) that provides that the borrower shall not be
liable for any remaining indebtedness resulting from
the failure of the security for the loan to cover the
entire indebtedness under the loan.
SEC. 6. PROCEEDS FROM REVERSE MORTGAGE LOANS NOT TREATED AS INCOME OR
RECEIPTS FOR MEANS-TESTED PROGRAMS.
For purposes of any Federal program and any State or local program
financed in whole or in part with Federal funds--
(1) any payment under a reverse mortgage (as defined in
section 5) made to an individual shall not be taken into
account as income or receipts for purposes of determining the
eligibility, for the month in which such payment is made or any
month thereafter, of such individual or any other individual
for benefits or assistance, or the amount or extent of benefits
or assistance, under such a program, and
(2) any unpaid amounts under such a mortgage shall be
treated as the borrower's equity in the residence and shall not
be treated as loan proceeds. | Long-Term Care Act of 1994 - Amends the Internal Revenue Code to provide for the nonrecognition of gain from the sale of a principal residence if the new residence is a qualified continuing care retirement community and the taxpayer has attained the age 55.
Excludes from gross income amounts withdrawn from individual retirement plans or certain pension plans to pay qualified long-term care insurance expenses.
Increases the one-time exclusion of gain on the sale of a principal residence by individuals who have attained age 55 by the amount set aside for the long-term care of such individuals.
Requires State mortgage loan laws to expressly apply to reverse mortgage loans.
Provides that proceeds from reverse mortgage loans shall not be treated as income or receipts for means-tested programs. | Long-Term Care Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf Coast Access to Savings Act of
2010''.
SEC. 2. DISTRIBUTIONS FROM RETIREMENT PLANS FOR LOSSES BY REASON OF
GULF OIL SPILL.
(a) In General.--Subchapter Y of chapter 1 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART IV--GULF OIL SPILL
``SEC. 1400V-1. SPECIAL RULES FOR USE OF RETIREMENT FUNDS.
``(a) Tax-favored Withdrawals From Retirement Plans.--
``(1) In general.--Section 72(t) shall not apply to any
qualified oil spill distribution.
``(2) Aggregate dollar limitation.--
``(A) In general.--For purposes of this subsection,
the aggregate amount of distributions received by an
individual which may be treated as qualified oil spill
distributions for any taxable year shall not exceed the
excess (if any) of--
``(i) $50,000, over
``(ii) the aggregate amounts treated as
qualified oil spill distributions received by
such individual for all prior taxable years.
``(B) Treatment of plan distributions.--If a
distribution to an individual would (without regard to
subparagraph (A)) be a qualified oil spill
distribution, a plan shall not be treated as violating
any requirement of this title merely because the plan
treats such distribution as a qualified oil spill
distribution, unless the aggregate amount of such
distributions from all plans maintained by the employer
(and any member of any controlled group which includes
the employer) to such individual exceeds $50,000.
``(C) Controlled group.--For purposes of
subparagraph (B), the term `controlled group' means any
group treated as a single employer under subsection
(b), (c), (m), or (o) of section 414.
``(3) Amount distributed may be repaid.--
``(A) In general.--Any individual who receives a
qualified oil spill distribution may, at any time
during the 3-year period beginning on the day after the
date on which such distribution was received, make one
or more contributions in an aggregate amount not to
exceed the amount of such distribution to an eligible
retirement plan of which such individual is a
beneficiary and to which a rollover contribution of
such distribution could be made under section 402(c),
403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), as the
case may be.
``(B) Treatment of repayments of distributions from
eligible retirement plans other than iras.--For
purposes of this title, if a contribution is made
pursuant to subparagraph (A) with respect to a
qualified oil spill distribution from an eligible
retirement plan other than an individual retirement
plan, then the taxpayer shall, to the extent of the
amount of the contribution, be treated as having
received the qualified oil spill distribution in an
eligible rollover distribution (as defined in section
402(c)(4)) and as having transferred the amount to the
eligible retirement plan in a direct trustee to trustee
transfer within 60 days of the distribution.
``(C) Treatment of repayments for distributions
from iras.--For purposes of this title, if a
contribution is made pursuant to subparagraph (A) with
respect to a qualified oil spill distribution from an
individual retirement plan (as defined by section
7701(a)(37)), then, to the extent of the amount of the
contribution, the qualified oil spill distribution
shall be treated as a distribution described in section
408(d)(3) and as having been transferred to the
eligible retirement plan in a direct trustee to trustee
transfer within 60 days of the distribution.
``(4) Definitions.--For purposes of this subsection--
``(A) Qualified oil spill distribution.--Except as
provided in paragraph (2), the term `qualified oil
spill distribution' means any distribution from an
eligible retirement plan made on or after April 20,
2010, and before January 1, 2011, to an individual
whose principal place of abode on April 20, 2010, is
located in the State of Florida, Alabama, Mississippi,
Louisiana, or Texas and who has sustained an economic
loss as a result of the explosion on and sinking of the
mobile off shore drilling unit Deepwater Horizon, the
discharge of oil in the Gulf of Mexico caused by such
explosion and sinking, or the effects of such discharge
on the economy in the areas affected by such discharge.
``(B) Eligible retirement plan.--The term `eligible
retirement plan' shall have the meaning given such term
by section 402(c)(8)(B).
``(5) Income inclusion spread over 3-year period.--
``(A) In general.--In the case of any qualified oil
spill distribution, unless the taxpayer elects not to
have this paragraph apply for any taxable year, any
amount required to be included in gross income for such
taxable year shall be so included ratably over the 3-
taxable year period beginning with such taxable year.
``(B) Special rule.--For purposes of subparagraph
(A), rules similar to the rules of subparagraph (E) of
section 408A(d)(3) shall apply.
``(6) Special rules.--
``(A) Exemption of distributions from trustee to
trustee transfer and withholding rules.--For purposes
of sections 401(a)(31), 402(f), and 3405, qualified oil
spill distributions shall not be treated as eligible
rollover distributions.
``(B) Qualified hurricane distributions treated as
meeting plan distribution requirements.--For purposes
this title, a qualified hurricane distribution shall be
treated as meeting the requirements of sections
401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and
457(d)(1)(A).
``(b) Recontributions of Withdrawals for Home Purchases.--
``(1) Recontributions.--
``(A) In general.--Any individual who received a
qualified distribution may, during the applicable
period, make one or more contributions in an aggregate
amount not to exceed the amount of such qualified
distribution to an eligible retirement plan (as defined
in section 402(c)(8)(B)) of which such individual is a
beneficiary and to which a rollover contribution of
such distribution could be made under section 402(c),
403(a)(4), 403(b)(8), or 408(d)(3), as the case may be.
``(B) Treatment of repayments.--Rules similar to
the rules of subparagraphs (B) and (C) of subsection
(a)(3) shall apply for purposes of this subsection.
``(2) Qualified distribution.--For purposes of this
subsection--
``(A) In general.--The term `qualified
distribution' means any distribution--
``(i) described in section
401(k)(2)(B)(i)(IV), 403(b)(7)(A)(ii) (but only
to the extent such distribution relates to
financial hardship), 403(b)(11)(B), or
72(t)(2)(F),
``(ii) received after October 19, 2009, and
before April 20, 2010, and
``(iii) which was to be used to purchase or
construct a principal residence in the State of
Florida, Alabama, Mississippi, Louisiana, or
Texas Hurricane Katrina disaster area, but
which was not so purchased or constructed on
account of the explosion on and sinking of the
mobile off shore drilling unit Deepwater
Horizon or the discharge of oil in the Gulf of
Mexico caused by such explosion and sinking.
``(3) Applicable period.--For purposes of this subsection,
the term `applicable period' means the period beginning on
April 20, 2010, and ending on December 31, 2010.
``(c) Loans From Qualified Plans.--
``(1) Increase in limit on loans not treated as
distributions.--In the case of any loan from a qualified
employer plan (as defined under section 72(p)(4)) to a
qualified individual made during the applicable period--
``(A) clause (i) of section 72(p)(2)(A) shall be
applied by substituting `$100,000' for `$50,000', and
``(B) clause (ii) of such section shall be applied
by substituting `the present value of the
nonforfeitable accrued benefit of the employee under
the plan' for `one-half of the present value of the
nonforfeitable accrued benefit of the employee under
the plan'.
``(2) Delay of repayment.--In the case of a qualified
individual with an outstanding loan on or after the qualified
beginning date from a qualified employer plan (as defined in
section 72(p)(4))--
``(A) if the due date pursuant to subparagraph (B)
or (C) of section 72(p)(2) for any repayment with
respect to such loan occurs during the period beginning
on the qualified beginning date and ending on December
31, 2010, such due date shall be delayed for 1 year,
``(B) any subsequent repayments with respect to any
such loan shall be appropriately adjusted to reflect
the delay in the due date under paragraph (1) and any
interest accruing during such delay, and
``(C) in determining the 5-year period and the term
of a loan under subparagraph (B) or (C) of section
72(p)(2), the period described in subparagraph (A)
shall be disregarded.
``(3) Qualified individual.--For purposes of this
subsection, the term `qualified individual' means any
individual whose principal place of abode on April 20, 2010, is
located in the State of Florida, Alabama, Mississippi,
Louisiana, or Texas and who has sustained an economic loss as a
result of the explosion on and sinking of the mobile off shore
drilling unit Deepwater Horizon, the discharge of oil in the
Gulf of Mexico caused by such explosion and sinking, or the
effects of such discharge on the economy in the areas affected
by such discharge.
``(4) Applicable period; qualified beginning date.--For
purposes of this subsection--
``(A) the applicable period is the period beginning
on April 20, 2010, and ending on December 31, 2010, and
``(B) the qualified beginning date is April 20,
2010.
``(d) Provisions Relating to Plan Amendments.--
``(1) In general.--If this subsection applies to any
amendment to any plan or annuity contract, such plan or
contract shall be treated as being operated in accordance with
the terms of the plan during the period described in paragraph
(2)(B)(i).
``(2) Amendments to which subsection applies.--
``(A) In general.--This subsection shall apply to
any amendment to any plan or annuity contract which is
made--
``(i) pursuant to any provision of this
section, or pursuant to any regulation issued
by the Secretary or the Secretary of Labor
under any provision of this section, and
``(ii) on or before the last day of the
first plan year beginning on or after April 20,
2010, or such later date as the Secretary may
prescribe.
In the case of a governmental plan (as defined in
section 414(d)), clause (ii) shall be applied by
substituting the date which is 2 years after the date
otherwise applied under clause (ii).
``(B) Conditions.--This subsection shall not apply
to any amendment unless--
``(i) during the period--
``(I) beginning on the date that
this section or the regulation
described in subparagraph (A)(i) takes
effect (or in the case of a plan or
contract amendment not required by this
section or such regulation, the
effective date specified by the plan),
and
``(II) ending on the date described
in subparagraph (A)(ii) (or, if
earlier, the date the plan or contract
amendment is adopted),
the plan or contract is operated as if such
plan or contract amendment were in effect, and
``(ii) such plan or contract amendment
applies retroactively for such period.''.
(b) Conforming Amendment.--The table of sections for subchapter Y
of chapter 1 of such Code is amended by adding at the end the following
new item:
``Part IV--Gulf Oil Spill
``Sec. 1400V-1. Special rules for use of retirement funds.''.
(c) Effective Date.--The amendments made by this Act shall apply to
distributions on or after April 20, 2010. | Gulf Coast Access to Savings Act of 2010 - Amends the Internal Revenue Code to allow tax-free distributions, up to $50,000 in any taxable year, from retirement plans on or after April 20, 2010, and before January 1, 2011, for individuals whose principal place of abode is in Florida, Alabama, Mississippi, Louisiana, or Texas and who sustained an economic loss caused by the explosion on and sinking of the Deepwater Horizon offshore drilling unit, the resulting discharge of oil in the Gulf of Mexico, or the effects of such discharge on the economy in the affected areas. Provides tax incentives for the use of distributions by individuals in affected states to make home purchases. Increases to $100,000 the amount which may be borrowed without penalty from an employer benefit plan by individuals in affected states. | To amend the Internal Revenue Code of 1986 to provide for distributions from retirement plans for losses as a result of the explosion on and sinking of the mobile offshore drilling unit Deepwater Horizon, the discharge of oil in the Gulf of Mexico caused by such explosion and sinking, or the effects of such discharge on the economy in the areas affected by such discharge. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Philanthropic Enterprise Act of
2012''.
SEC. 2. EXCEPTION FROM PRIVATE FOUNDATION EXCESS BUSINESS HOLDING TAX
FOR CERTAIN PHILANTHROPIC BUSINESS HOLDINGS.
(a) In General.--Section 4943 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(g) Exception for Certain Philanthropic Business Holdings.--
``(1) In general.--Subsection (a) shall not apply with
respect to the holdings of a private foundation in any business
enterprise which for the taxable year meets--
``(A) the exclusive ownership requirements of
paragraph (2),
``(B) the minimum distribution requirement of
paragraph (3), and
``(C) the independent operation requirements of
paragraph (4).
``(2) Exclusive ownership.--The exclusive ownership
requirements of this paragraph are met if--
``(A) all ownership interests in the business
enterprise are held by the private foundation at all
times during the taxable year, and
``(B) all the private foundation's ownership
interests in the business enterprise were acquired
under the terms of a will or trust upon the death of
the testator or settlor, as the case may be.
``(3) Minimum distribution.--
``(A) In general.--The minimum distribution
requirement of this paragraph is met if the business
enterprise, not later than 120 days after the close of
the taxable year, distributes an amount equal to its
net operating income for such taxable year to the
private foundation.
``(B) Net operating income.--For purposes of this
paragraph, the net operating income of any business
enterprise for any taxable year is an amount equal to
the gross income of the business enterprise for the
taxable year, reduced by the sum of--
``(i) the deductions allowed by chapter 1
for the taxable year which are directly
connected with the production of such income,
``(ii) the tax imposed by chapter 1 on the
business enterprise for the taxable year, and
``(iii) an amount for a reasonable reserve
for working capital and other business needs of
the business enterprise.
``(4) Independent operation.--The independent operation
requirements of this paragraph are met if, at all times during
the taxable year--
``(A) no substantial contributor (as defined in
section 4958(c)(3)(C)) to the private foundation, or
family member of such a contributor (determined under
section 4958(f)(4)) is a director, officer, trustee,
manager, employee, or contractor of the business
enterprise (or an individual having powers or
responsibilities similar to any of the foregoing),
``(B) at least a majority of the board of directors
of the private foundation are not also directors or
officers of the business enterprise, and
``(C) there is no loan outstanding from the
business enterprise to a substantial contributor (as so
defined) to the private foundation or a family member
of such contributor (as so determined).
``(5) Certain deemed private foundations excluded.--This
subsection shall not apply to--
``(A) any fund or organization treated as a private
foundation for purposes of this section by reason of
subsection (e) or (f),
``(B) any trust described in section 4947(a)(1)
(relating to charitable trusts), and
``(C) any trust described in section 4947(a)(2)
(relating to split-interest trusts).''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011.
SEC. 3. EXCEPTION TO UNRELATED BUSINESS TAX ON SPECIFIED PAYMENTS FROM
CERTAIN CONTROLLED ENTITIES.
(a) In General.--Paragraph (13) of section 512(b) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
``(G) Subparagraph not to apply to payments from
certain philanthropic controlled entities.--
Subparagraph (A) shall not apply to any payment not in
excess of fair market value to a private foundation
from an entity which is a business enterprise described
in section 4943(g)(1) with respect to such
foundation.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011. | Philanthropic Enterprise Act of 2012 - Amends the Internal Revenue Code to exempt the holdings of a private foundation in any business enterprise that meet specified requirements relating to exclusive ownership, minimum distribution of net operating income, and independent operation (i.e., not controlled by a substantial contributor) from the excise tax on excess business holdings and unrelated business income. | To amend the Internal Revenue Code of 1986 to exempt private foundations from the tax on excess business holdings in the case of certain philanthropic enterprises which are independently supervised, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Access to Life-Saving
Medications Act''.
SEC. 2. DRUG SHORTAGES.
(a) Expansion of Notification Requirement Regarding Potential
Shortages of Prescription Drugs.--Section 506C of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 356c) is amended--
(1) in the section heading, by striking ``discontinuance of
a life saving product'' and inserting ``discontinuance or
interruption of the manufacture of a prescription drug''; and
(2) by amending subsection (a) to read as follows:
``(a) In General.--
``(1) Definition.--In this section, the terms `drug
shortage' and `shortage', when used with respect to a drug,
mean a period of time when the total supply of all versions of
a drug available at the user level will not meet the current
demand for the drug at the user level.
``(2) Notification.--A manufacturer of a drug described in
paragraph (3) shall notify the Secretary of a discontinuance,
interruption, or other adjustment of the manufacture of the
drug that would likely result in a shortage of such drug--
``(A) in the case of a discontinuance or planned
interruption or adjustment, at least 6 months prior to
the date of such discontinuance or planned interruption
or adjustment; and
``(B) in the case of any other interruption or
adjustment, as soon as practicable after becoming aware
of such interruption or adjustment.
``(3) Drugs described.--A drug described in this paragraph
is a drug--
``(A) for which an application has been approved
under section 505(b) or 505(j);
``(B) that is described in section 503(b)(1); and
``(C) that is not a product that was originally
derived from human tissue and was replaced by a
recombinant product.
``(4) Types of adjustments.--An adjustment for which a
manufacturer shall submit a notification under paragraph (2)
includes--
``(A) adjustments related to the supply of raw
materials, including active pharmaceutical ingredients;
``(B) adjustments to production capabilities;
``(C) business decisions that may affect the
manufacture of the drug, such as mergers,
discontinuations, and a change in production output;
and
``(D) other adjustments as determined appropriate
by the Secretary.
``(5) Modification of time frames.--The Secretary may
adjust the required time frame under paragraph (2) as
determined appropriate by the Secretary based on--
``(A) the type of interruption or adjustment at
issue; and
``(B) any other factor, as determined by the
Secretary.
``(6) Enforcement.--Not later than 180 days after the date
of enactment of this section, the Secretary shall promulgate
regulations establishing a schedule of civil monetary penalties
for failure to submit a notification as required under this
subsection.''.
(b) Confidentiality of Information.--Section 506C(c) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 356c(c)) is amended to read as
follows:
``(c) Confidentiality of Information.--The Secretary shall ensure
the confidentiality of proprietary information submitted in a
notification under subsection (a).''.
(c) Public Notification.--Section 506C of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 356c) is amended by adding at the end the
following:
``(d) Public Notification.--
``(1) Notification of shortages.--The Secretary shall
publish information on the types of adjustments for which a
notification is required under subsection (a)(4) and on actual
drug shortages on the Internet Web site of the Food and Drug
Administration and, to the maximum extent practicable,
distribute such information to appropriate health care provider
and patient organizations.
``(2) Identification and notification of drugs vulnerable
to drug shortage.--
``(A) In general.--The Secretary shall implement
evidence-based criteria for identifying drugs that may
be vulnerable to a drug shortage. Such criteria shall
be based on--
``(i) the number of manufacturers of the
drug;
``(ii) the sources of raw material or
active pharmaceutical ingredients;
``(iii) the supply chain characteristics,
such as production complexities; and
``(iv) the availability of therapeutic
alternatives.
``(B) Notification.--If the Secretary determines
using the criteria under subparagraph (A) that a drug
may be vulnerable to a drug shortage, the Secretary
shall notify the manufacturer of the drug of such
determination and of the collaboration described under
paragraph (3).
``(3) Continuity of operations plans.--The Secretary shall
collaborate with manufacturers of drugs identified pursuant to
paragraph (2) to establish and improve continuity of operations
plans with respect to medically necessary drugs, as defined by
the Secretary, so that such plans include a process for
addressing drug shortages.''.
SEC. 3. MANUFACTURER REVIEW.
Section 510(h) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360(h)) is amended--
(1) by striking ``(h)'' and inserting ``(h)(1)''; and
(2) by inserting at the end the following:
``(2)(A) If an establishment registered with the Secretary pursuant
to this section is subject to a reinspection due to failure to comply
with a requirement of this Act, the Secretary shall conduct such
reinspection not later than 90 days after the establishment certifies
to the Secretary that the establishment has corrected the reason for
such failure.
``(B) The Secretary shall prioritize reinspections described in
subparagraph (A) based on whether the establishment involved
manufactures, propagates, compounds, or processes a drug involved in a
drug shortage (as defined in section 506C).''.
SEC. 4. REPORTS TO CONGRESS.
Not later than 1 year after the date of enactment of this Act, and
on an annual basis thereafter, the Secretary of Health and Human
Services shall submit to Congress a report that describes the actions
taken by such Secretary during the previous 1-year period to address
drug shortages through all aspects of the prescription drug supply
chain. | Preserving Access to Life-Saving Medications Act - Amends the Federal Food, Drug, and Cosmetic Act to require a prescription drug manufacturer to notify the Secretary of Health and Human Services (HHS) of a discontinuance, interruption, or other adjustment of the manufacture of the drug that would likely result in a shortage of such drug. Requires: (1) six months notice of any discontinuance or planned interruption or adjustment, and (2) notice as soon as practicable after becoming aware of such interruption or adjustment in the case of any other interruption or adjustment. Applies this Act to any approved prescription drug that is not a product that was originally derived from human tissue and was replaced by a recombinant product.
Sets forth the types of adjustment for which a manufacturer must submit notice, including: (1) adjustments related to the supply of raw materials, (2) adjustments to production capabilities, (3) business decisions that may affect the manufacture of the drug, and (4) other adjustments as determined appropriate by the Secretary. | A bill to amend the Federal Food, Drug, and Cosmetic Act to provide the Food and Drug Administration with improved capacity to prevent drug shortages. |
SECTION 1. SHORT TITLE; REFERENCES IN ACT.
(a) Short Title.--This Act may be cited as the ``District of
Columbia Legislative and Budget Autonomy Act of 1998''.
(b) References in Act.--Whenever in this Act an amendment 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 that section
or other provision of the District of Columbia Home Rule Act.
SEC. 2. DISTRICT OF COLUMBIA BUDGET AUTONOMY.
(a) Enactment of District of Columbia Budget Without Further
Congressional Approval.--
(1) In general.--Section 446 (sec. 47-304, D.C. Code) is
amended by striking the third, fourth, and fifth sentences and
inserting the following: ``Except as provided in section
467(d), section 471(c), section 472(d)(2), section 483(d), and
subsections (f) and (g)(3) of section 490, no amount may be
obligated or expended by any officer or employee of the
District of Columbia government unless such amount has been
approved by an act of the Council, and then only in accordance
with such authorization.''.
(2) Conforming amendments.--(A) Sections 467(d), 471(c),
472(d)(2), and 483(d) and subsections (f) and (g)(3) of section
490 are each amended by striking ``fourth sentence'' and
inserting ``second sentence''.
(B) Section 412(a) (D.C. Code, sec. 1-229(a)) is amended by
striking ``(other than an act to which section 446 applies)''.
(3) Clerical amendments.--(A) The heading of section 446 is
amended to read as follows:
``enactment of budget by the council''
(B) The item relating to section 446 in the table of
contents is amended to read as follows:
``Sec. 446. Enactment of budget by the Council.''.
(b) Action by Council of District of Columbia on Budget Acts.--
Section 404(f) (sec. 1-227(f), D.C. Code) is amended by striking
``transmitted by the Chairman to the President of the United States''
both places it appears and inserting ``incorporated in such Act''.
(c) Permitting Employees To Be Hired if Position Authorized by Act
of the Council.--Section 447 (sec. 47-305, D.C. Code) is amended--
(1) by striking ``Act of Congress'' and inserting ``act of
the Council'' both places it appears; and
(2) by striking ``Acts of Congress'' and inserting ``acts
of the Council''.
(d) Amendments to Limitations on Borrowing and Spending by the
District To Reflect Changes in Budget Process.--
(1) Federal authority over budget-making process.--Section
603 (sec. 47-313, D.C. Code) is amended--
(A) by striking subsections (a) and (d); and
(B) by redesignating subsections (b), (c), and (e)
as subsections (a), (b), and (c).
(2) Conforming amendments.--(A) Section 443(8) (sec. 47-
302(8), D.C. Code) is amended by striking ``section 603(b)''
and inserting ``section 603(a)''.
(B) Section 445 (sec. 47-304, D.C. Code) is amended by
striking ``603(c)'' and inserting ``603(b)''.
(C) Section 461(a)(1) (sec. 47-321(a), D.C. Code) is
amended by striking ``section 603(b)'' and inserting ``section
603(a)''.
(D) Section 487(a) (sec. 43-1615(a), D.C. Code) is amended
by striking ``section 603(b)'' and inserting ``section
603(a)''.
(e) Effective Date.--The amendments made by this section shall
apply to budgets of the District of Columbia for fiscal years beginning
on or after October 1, 1998.
SEC. 3. ELIMINATION OF CONGRESSIONAL REVIEW OF NEWLY-PASSED DISTRICT
LAWS.
(a) In General.--Section 602 (sec. 1-233, D.C. Code) is amended by
striking subsection (c).
(b) Congressional Resolutions of Disapproval.--
(1) In general.--The District of Columbia Home Rule Act is
amended by striking section 604.
(2) Clerical amendment.--The table of contents is amended
by striking the item relating to section 604.
(3) Exercise of rulemaking power.--This subsection and the
amendments made by this subsection are enacted by Congress--
(A) as an exercise of the rulemaking power of the
House of Representatives and the Senate, respectively,
and as such they shall be considered as a part of the
rules of each House, respectively, or of that House to
which they specifically apply, and such rules shall
supersede other rules only to the extent that they are
inconsistent therewith; and
(B) with full recognition of the constitutional
right of either House to change such rules (so far as
relating to such House) at any time, in the same
manner, and to the same extent as in the case of any
other rule of such House.
(c) Conforming Amendments.--(1) Section 303 (sec. 1-205, D.C. Code)
is amended--
(A) in subsection (a), by striking the second sentence; and
(B) by striking subsection (b) and redesignating
subsections (c) and (d) as subsections (b) and (c).
(2) Section 404(e) (sec. 1-227(e), D.C. Code) is amended by
striking ``subject to the provisions of section 602(c)'' each place it
appears.
(3) Section 462 (sec. 47-322, D.C. Code) is amended--
(A) in subsection (a), by striking ``(a) The Council'' and
inserting ``The Council''; and
(B) by striking subsections (b) and (c).
(4) Section 472(d) (sec. 47-328, D.C. Code) is amended by striking
``(1) Notwithstanding'' and all that follows through ``(2)''.
(5) Section 2(b)(1) of Amendment No. 1 (relating to initiative and
referendum) to title IV (the District Charter) (sec. 1-282(b)(1), D.C.
Code) is amended by striking ``the appropriate custodian'' and all that
follows through ``portion of such act to''.
(6) Section 5 of Amendment No. 1 (relating to initiative and
referendum) to title IV (the District Charter) (sec. 1-285, D.C. Code)
is amended by striking ``, and such act'' and all that follows and
inserting a period.
(7) Section 16 of the District of Columbia Election Code of 1955
(sec. 1-1320, D.C. Code)--
(A) in subsection (j)(2)--
(i) by striking ``sections 404 and 602(c)'' and
inserting ``section 404'', and
(ii) by striking the second sentence; and
(B) in subsection (m)--
(i) in the first sentence, by striking ``the
appropriate custodian'' and all that follows through
``parts of such act to'',
(ii) by striking ``is held. If, however, after''
and inserting ``is held unless, under'', and
(iii) by striking ``section, the act which'' and
all that follows and inserting ``section.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to each act of the District of Columbia--
(1) passed by the Council of the District of Columbia and
signed by the Mayor of the District of Columbia;
(2) vetoed by the Mayor and repassed by the Council;
(3) passed by the Council and allowed to become effective
by the Mayor without the Mayor's signature; and
(4) in the case of initiated acts and acts subject to
referendum, ratified by a majority of the registered qualified
electors voting on the initiative or referendum,
on or after October 1, 1998. | District of Columbia Legislative and Budget Autonomy Act of 1998 - Amends the District of Columbia Home Rule Act to provide that the District of Columbia Budget passed by the Council of the District of Columbia shall be enacted without referral to the President or approval by the Congress.
Repeals the mandate for congressional review of newly-passed District laws. | District of Columbia Legislative and Budget Autonomy Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cost of Production Safety Net Act of
1998''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Loan commodity.--The term ``loan commodity'' means
wheat, corn, oats, rye, barley, and grain sorghums.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 3. FAIR RETURN COMMODITY LOANS FOR WHEAT AND FEED GRAINS.
(a) In General.--
(1) Loans.--For each of the 1998 and subsequent crops of a
loan commodity, the Secretary shall make available to producers
on a farm described in paragraph (2) nonrecourse fair return
commodity loans at such rate as the Secretary determines will
provide a fair return to the producers in relation to the cost
of production of the loan commodity.
(2) Eligibility.--To be eligible to obtain a loan for a
loan commodity under paragraph (1), the producers on a farm
must agree to forgo obtaining a marketing assistance loan under
subtitle C of the Agricultural Market Transition Act (7 U.S.C.
7231 et seq.) with respect to the loan commodity.
(b) Loan Rates.--
(1) Wheat and corn.--
(A) In general.--The loan rate for wheat and corn,
respectively, determined under subsection (a) shall not
be less than 75 percent of the simple average of the
annual economic costs of production of wheat and corn,
respectively, in the United States during the most
recent 5 crop years for which data are available.
(B) Calculation.--The costs of production under
subparagraph (A) shall be based on the yield for each
planted acre, as determined by the Secretary using the
economic costs of production data series of the
Economic Research Service.
(2) Other feed grains.--The loan rate for grain sorghum,
barley, and oats, respectively, determined under subsection (a)
shall be established at such level as the Secretary determines
is fair and reasonable in relation to the rate that loans are
made available for corn, taking into consideration the feeding
value of the commodity in relation to the feeding value of
corn.
(c) Term of Loans.--
(1) In general.--Subject to paragraph (2), a fair return
commodity loan made under this section shall have a term of 12
months beginning on the first day of the first month after the
month in which the loan is made.
(2) Extension.--The Secretary may extend the term of a fair
return commodity loan made to producers on a farm for any loan
commodity for 1 6-month period if the Secretary determines that
the extension would be beneficial to the producers in marketing
the loan commodity.
(d) Repayment Rates.--The Secretary shall permit the producers on a
farm to repay a fair return commodity loan under this section for a
loan commodity at a rate that is the lesser of--
(1) the loan rate established for the loan commodity under
subsection (b), plus interest (as determined by the Secretary);
or
(2) a rate that the Secretary determines will--
(A) minimize potential loan forfeitures;
(B) minimize the accumulation of stocks of the loan
commodity by the Federal Government;
(C) minimize the cost incurred by the Federal
Government in storing the loan commodity; and
(D) allow the loan commodity produced in the United
States to be marketed freely and competitively,
domestically and internationally.
SEC. 4. LIMITATIONS.
(a) Maximum Quantity of Loan Commodities.--The maximum quantity of
a loan commodity that producers on a farm are eligible to place under
loan to receive a fair return commodity loan under this Act during any
crop year shall be--
(1) in the case of wheat, 20,000 bushels;
(2) in the case of corn, 30,000 bushels; and
(3) in the case of grain sorghum, barley, and oats, a
quantity that the Secretary determines is equivalent to 30,000
bushels of corn.
(b) Maximum Amount of Loans and Payments.--
(1) In general.--The total amount of fair return commodity
loans that a person shall be entitled to receive under this Act
for 1 or more loan commodities during any crop year shall not
exceed $100,000.
(2) Regulation.--
(A) In general.--The Secretary shall promulgate a
regulation--
(i) defining the term ``person'' for
purposes of this subsection; and
(ii) prescribing such rules as the
Secretary determines are necessary to ensure a
fair and reasonable application of the
limitation established under this subsection.
(B) Related provisions.--Except as provided in
subsection (g), the regulation shall be consistent with
paragraphs (5) through (7) of section 1001 of the Food
Security Act of 1985 (7 U.S.C. 1308).
(c) Eligibility for Loans and Payments.--To be eligible for a fair
return commodity loan for a loan commodity under this Act, the
producers on a farm shall--
(1) be individuals who own the loan commodity, directly or
indirectly;
(2) provide resident, day-to-day labor for and management
of the farm; and
(3) provide capital investment in--
(A) the operation of the farm; and
(B) the leasing or ownership of the farm.
SEC. 5. ADMINISTRATION.
(a) Regulations.--Not later than 90 days after the date of
enactment of this Act, the Secretary and the Commodity Credit
Corporation, as appropriate, shall promulgate such regulations as are
necessary to carry out this Act.
(b) Related Provisions.--Subtitle E of the Agricultural Market
Transition Act (7 U.S.C. 7281 et seq.) shall apply to fair return
commodity loans made under this Act.
SEC. 6. EXTENSION OF MARKETING ASSISTANCE LOANS.
Section 133 of the Agricultural Market Transition Act (7 U.S.C.
7233) is amended by striking subsection (c) and inserting the
following:
``(c) Extension.--The Secretary may extend the term of a marketing
assistance loan made to producers on a farm for any loan commodity for
1 9-month period if the Secretary determines that the extension would
be beneficial to the producers in marketing the loan commodity.''. | Cost of Production Safety Net Act of 1998 - Directs the Secretary of Agriculture to make nonrecourse commodity loans available at fair return rates to wheat or feed grain producers who agree to forgo obtaining marketing assistance loans. Sets forth loan provisions. | Cost of Production Safety Net Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maritime Goods Movement Act for the
21st Century''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commercial cargo.--The term ``commercial cargo''--
(A) means--
(i) any cargo transported on a commercial
vessel, including passengers transported for
compensation or hire; and
(ii) international maritime cargo; and
(B) does not include--
(i) bunker fuel, ship's stores, sea stores,
or the legitimate equipment necessary to the
operation of a vessel; or
(ii) fish or other aquatic animal life
caught and not previously landed on shore.
(2) Commercial vessel.--The term ``commercial vessel''--
(A) means any vessel used--
(i) in transporting cargo by water for
compensation or hire; or
(ii) in transporting cargo by water in the
business of the owner, lessee, or operator of
the vessel; and
(B) does not include any ferry engaged primarily in
the ferrying of passengers (including their vehicles)
between points within the United States, or between the
United States and contiguous countries.
(3) Ferry.--The term ``ferry'' means any vessel which
arrives in the United States on a regular schedule during its
operating season at intervals of at least once each business
day.
(4) International maritime cargo.--The term ``international
maritime cargo'' means any cargo moved by ship that is imported
directly into the United States from a point outside the United
States, including--
(A) cargo that arrives in the United States by
ship; or
(B) cargo that is unloaded in an intermediate
country and arrives in the United States by another
form of transit without being altered in any manner in
the intermediate country.
(5) Low-use port.--The term ``low-use port'' means a port
at which not more than 1,000,000 tons of cargo is transported
each calendar year.
(6) Point of entry.--The term ``point of entry'' means a
place where commercial cargo enters the United States.
(7) Port.--
(A) In general.--Except as provided in
subparagraphs (B) and (C), or otherwise specifically
provided in this Act, the term ``port'' means any
channel or harbor (or component thereof) in the United
States, which--
(i) is not an inland waterway; and
(ii) is open to public navigation.
(B) Exception for certain facilities.--The term
``port'' does not include any channel or harbor with
respect to which no Federal funds have been used since
1977 for construction, maintenance, or operation, or
which was deauthorized by Federal law before 2013.
(C) Special rule for the columbia river.--The term
``port'' shall include the channels of the Columbia
River in the States of Oregon and Washington only up to
the downstream side of the Bonneville Lock and Dam.
(8) Super donor port.--
(A) In general.--The term ``super donor port''
means a port for which average expenditures in the 5
previous fiscal years--
(i) for fiscal years beginning prior to the
date of the enactment of this Act, from the
Harbor Maintenance Trust Fund pursuant to
section 9505(c)(1) of the Internal Revenue Code
of 1986 (relating to expenditures from the
Harbor Maintenance Trust Fund) are less than 10
percent of the total average amount of harbor
maintenance taxes collected through landings at
such port in such fiscal years; or
(ii) for fiscal years beginning after such
date of enactment, from the amounts collected
for the Maritime Goods Movement User Fee are
less than 10 percent of the total average
amount of such Fees collected through landings
at such port.
(B) Included expenditures.--The amount of
expenditures under subparagraph (A) shall only include
expenditures made at such a port in the immediate
harbor area containing docks and other facilities
utilized for the loading and unloading of foreign
waterborne commerce and in any navigational channels in
the United States that are necessary for the
transportation of such foreign waterborne commerce
between such immediate harbor areas and foreign ports.
(9) Value.--The term ``value'' means--
(A) with respect to domestic commercial cargo, the
value as determined by standard commercial
documentation;
(B) with respect to imported commercial cargo, the
appraised value for duty as determined under section
402 of the Tariff Act of 1930 (19 U.S.C. 1401a); or
(C) with respect to the transportation of
passengers for hire, the actual charge paid for such
service or the prevailing charge for comparable service
if no actual charge is paid.
SEC. 3. ESTABLISHMENT OF MARITIME GOODS MOVEMENT USER FEE.
(a) Establishment of Fee.--
(1) In general.--Except as otherwise provided in this
section, there is imposed a Maritime Goods Movement User Fee on
all commercial cargo--
(A) unloaded from or loaded on a commercial vessel
at a port; or
(B) that enters the United States at a point of
entry.
(2) Effective date.--The Maritime Goods Movement User Fee
shall be imposed on commercial cargo under paragraph (1)
beginning on October 1 of the first fiscal year beginning after
the date of the enactment of this Act.
(b) Fee Amount.--The amount of the Maritime Goods Movement User Fee
shall be an amount equal to 0.125 percent of the value of the
commercial cargo.
(c) Collection of Fee.--The Maritime Goods Movement User Fee shall
be collected by U.S. Customs and Border Protection.
(d) Time of Imposition of Fee.--The Maritime Goods Movement User
Fee shall be imposed on commercial cargo at the time--
(1) the commercial cargo is unloaded from or loaded on a
commercial vessel at a port in the United States; or
(2) the commercial cargo enters the United States at a
point of entry.
(e) Inapplicability to Cargo.--No Maritime Goods Movement User Fee
shall be imposed under this section on any export of the United States.
(f) Coordination of Fee Where Transportation Subject to Tax Imposed
Under 4042 of the Internal Revenue Code.--No Maritime Goods Movement
User Fee shall be imposed under this section with respect to the
loading or unloading of any cargo on or from a vessel if any fuel of
such vessel has been (or will be) subject to the tax imposed by section
4042 of the Internal Revenue Code of 1986 (relating to tax on fuels
used in commercial transportation on inland waterways).
(g) Special Rule for Alaska, Hawaii, and Possessions.--
(1) In general.--No Maritime Goods Movement User Fee shall
be imposed on--
(A) cargo loaded on a vessel in a port in the
United States mainland for transportation to Alaska,
Hawaii, or any possession of the United States for
ultimate use or consumption in Alaska, Hawaii, or any
possession of the United States;
(B) cargo loaded on a vessel in Alaska, Hawaii, or
any possession of the United States for transportation
to the United States mainland, Alaska, Hawaii, or such
a possession for ultimate use or consumption in the
United States mainland, Alaska, Hawaii, or such a
possession;
(C) the unloading of cargo described in
subparagraph (A) or (B) in Alaska, Hawaii, or any
possession of the United States, or in the United
States mainland, respectively; or
(D) cargo loaded on a vessel in Alaska, Hawaii, or
a possession of the United States and unloaded in the
State or possession in which loaded, or passengers
transported on United States flag vessels operating
solely within the State waters of Alaska or Hawaii and
adjacent international waters.
(2) Cargo.--For purposes of this subsection, the term
``cargo'' does not include crude oil with respect to Alaska.
(3) United states mainland.--For purposes of this section,
the term ``United States mainland'' means the continental
United States (not including Alaska).
(h) Special Rules.--Except as provided by regulations:
(1) Fee imposed only once.--The Maritime Goods Movement
User Fee shall be imposed on the same commercial cargo only 1
time.
(2) Exception for intraport movements.--Under regulations,
no Maritime Goods Movement User Fee shall be imposed on the
mere movement of commercial cargo within a port.
(3) Relay cargo.--Only 1 Maritime Goods Movement User Fee
shall be imposed on cargo (moving under a single bill of
lading) which is unloaded from one vessel and loaded onto
another vessel at any port in the United States for relay to or
from any port in Alaska, Hawaii, or any possession of the
United States. For purposes of this paragraph, the term
``cargo'' does not include any item not treated as cargo under
subsection (g)(2).
(i) Exemption for United States.--No Maritime Goods Movement User
Fee shall be imposed on the United States or any agency or
instrumentality thereof.
(j) Exemption for Humanitarian and Development Assistance Cargos.--
No Maritime Goods Movement User Fee shall be imposed on any nonprofit
organization or cooperative for cargo which is owned or financed by
such nonprofit organization or cooperative and which is certified by
the U.S. Customs and Border Protection as intended for use in
humanitarian or development assistance overseas.
(k) Limitation on Collection of Fee.--No fee may be collected under
this section except to the extent that the expenditure of the fee to
pay the costs of activities and services for which the fee is imposed
is provided for in advance in an appropriations Act.
(l) Receipts Credited as Offsetting Collections.--Notwithstanding
section 3302 of title 31, United States Code, any fee collected under
this section--
(1) shall be credited as offsetting collections to the
accounts that finance the activities and services detailed in
section 4;
(2) shall be available for expenditure only to pay the
costs of activities and services detailed in section 4; and
(3) shall remain available until expended.
SEC. 4. EXPENDITURES OF MARITIME GOODS MOVEMENT USER FEE.
(a) Administrative Costs.--Up to $10,000,000 of the amount of the
Maritime Goods Movement User Fees collected during any fiscal year
shall be used for payment of expenses of administration incurred by the
Department of Homeland Security, the Army Corps of Engineers, and the
Department of Transportation.
(b) Other Expenditures.--The amounts of the Maritime Goods Movement
User Fees collected for a fiscal year that are not used for
administration under subsection (a) shall be allocated as follows:
(1) Harbor maintenance programs.--For the first 5 fiscal
years beginning after the date of the enactment of this Act, 95
percent, and for each fiscal year thereafter 80 percent, of
such amounts shall be available to pay up to 100 percent of the
eligible operations and maintenance costs assigned to
commercial navigation of all harbors and inland harbors within
the United States, as authorized by section 210(a)(2) of the
Water Resources Development Act of 1986 (33 U.S.C. 2238(a)(2)),
including the Federal share of the cost of--
(A) maintenance of Federal navigation projects to
their authorized depths and widths;
(B) disposal of maintenance dredged material;
(C) construction and maintenance of dredged
material placement facilities;
(D) projects or activities for the beneficial use
of dredged material or sand mitigation;
(E) jetties, breakwaters, bridges, and other
navigation structures; and
(F) related studies and surveys.
(2) Low-use ports.--Of the amounts made available each
fiscal year for harbor maintenance programs under paragraph
(1), up to 8 percent shall be allocated for low-use ports.
Special emphasis shall be placed on low-use ports where there
is a Coast Guard presence and low-use ports which the Coast
Guard determines to be restricted navigation areas or harbors
of refuge.
(3) Competitive grant program for goods movement.--
(A) Super donor ports.--For each fiscal year
beginning with the sixth fiscal year beginning after
the date of the enactment of this Act, 15 percent of
the amounts of the Maritime Goods Movement User Fee not
used for administration under subsection (a), shall be
allocated to super donor ports to carry out projects or
activities described in paragraphs (1), (2), and (3) of
section 5(e).
(B) Other uses.--For each fiscal year beginning
after the date of the enactment of this Act, 5 percent
of the amounts of the Maritime Goods Movement User Fee
not used for administration under subsection (a) shall
be allocated to carry out projects or activities
described in paragraphs (4), (5), and (6) of subsection
5(e).
SEC. 5. COMPETITIVE GRANT PROGRAM FOR GOODS MOVEMENT.
(a) Establishment of Grant Program.--There is established a
Competitive Grant Program for Goods Movement to be administered by the
Secretary of Transportation in consultation with the Assistant
Secretary of the Army for Civil Works.
(b) Purpose.--The purpose of the Competitive Grant Program for
Goods Movement is to provide financial assistance for capital
investments that improve the efficiency of the transportation system of
the United States to move international maritime cargo.
(c) Project Eligibility.--
(1) Minimum number of grantees.--For each fiscal year,
there shall be no less than--
(A) 3 grantees that are super donor ports; and
(B) 3 grantees that are eligible entities under
subsection (d).
(2) Cost-share.--The Federal cost share of a project
awarded a grant under this section shall be no more than 50
percent of the total cost.
(d) Eligible Entity.--A grant under this section may only be
awarded to a State or local government entity, including a port
authority.
(e) Eligible Projects.--A grant awarded under this section may be
used for the following:
(1) Any in-water improvement in the navigable waters in or
near such port that the Secretary of the Army is authorized to
make, including environmental remediation and habitat
mitigation if certified by the Assistant Secretary to improve
the movement of international maritime cargo.
(2) Any in water improvement in berthing areas in such port
pursuant to a channel widening or deepening project.
(3) Maintenance of berthing areas adjacent to navigational
channels in such port.
(4) Improvements to an intermodal corridor facility project
to benefit international maritime cargo as certified by the
Secretary of Transportation or designee, in consultation with
the Assistant Secretary of the Army for Civil Works or
designee.
(5) Improvements to a land port of entry project to benefit
international maritime cargo as certified by the Secretary of
Transportation or designee, in consultation with the Assistant
Secretary of the Army for Civil Works or designee.
(6) A project that improves access to a port or intermodal
terminal facility to benefit international maritime cargo as
certified by the Secretary of Transportation or designee, in
consultation with the Assistant Secretary of the Army for Civil
Works or designee.
SEC. 6. REPEAL OF HARBOR MAINTENANCE TAX.
(a) In General.--Subchapter A of chapter 36 of the Internal Revenue
Code of 1986 is repealed.
(b) Conforming Amendment.--The table of subchapters for chapter 36
of the Internal Revenue Code of 1986 is amended by striking the item
relating to subchapter A.
(c) Effective Date.--The amendments made by this section shall
apply to port uses (as defined in section 4462 of such Code, as in
effect on the day before the date of the enactment of this Act) on or
after October 1 of the first fiscal year beginning after the date of
the enactment of this Act.
SEC. 7. TREATMENT OF BALANCES FROM THE HARBOR MAINTENANCE TRUST FUND.
Any remaining balances in the Harbor Maintenance Trust Fund
established by section 9505 of the Internal Revenue Code of 1986
(relating to expenditures from the Harbor Maintenance Trust Fund) shall
remain available until expended in accordance with the requirements of
subsection (c) of that section.
SEC. 8. APPLICATION OF WAGE REQUIREMENTS.
Nothing in this Act shall be construed to prevent the application
of wage requirements otherwise applicable to harbor maintenance
improvement projects on the date of enactment of this Act. | Maritime Goods Movement Act for the 21st Century - Directs the U.S. Customs and Border Protection (CBP) to impose a Maritime Goods Movement User Fee of 0.125% on all commercial cargo (except a U.S. export) that: (1) is unloaded from or loaded on a commercial vessel at a U.S. port, or (2) enters a U.S. point of entry. Prescribes a special rule prohibiting the imposition of such fee on: (1) cargo (except crude oil with respect to Alaska) loaded on a vessel in a mainland U.S. port and transported for use or consumption in Alaska, Hawaii, or any U.S. possession; (2) cargo loaded on a vessel in Alaska, Hawaii, or any U.S. possession and transported for use or consumption in the U.S. mainland, Alaska, Hawaii, or U.S. possession; (3) the unloading of such cargo in Alaska, Hawaii, or U.S. possession, or U.S. mainland, respectively; or (4) cargo loaded on a vessel in Alaska, Hawaii, or U.S. possession and unloaded in the state or U.S. possession in which loaded, or passengers transported on U.S.-flag vessels operating solely within Alaskan or Hawaiian waters and adjacent international waters. Prohibits imposition of such fee on: (1) on the United States or any U.S. agency, or (2) a nonprofit organization or cooperative for cargo intended for use in humanitarian or development assistance overseas. Requires use of up to $10 million of fees collected during any fiscal year for administrative expenses of the Department of Homeland Security (DHS), the Army Corps of Engineers, and the Department of Transportation (DOT). Makes certain fee allocations for: (1) harbor maintenance programs; (2) low-use ports; and (3) super donor ports to carry out projects or activities under a competitive grant for maritime improvement projects for movement of goods, as well as for other specified maritime improvement projects for movement of international maritime cargo. Defines "super donor port" as a port for which average expenditures in the 5 previous fiscal years: (1) from the Harbor Maintenance Trust Fund, for fiscal years beginning before enactment of this Act, are less than 10% percent of the total average amount of harbor maintenance taxes collected through landings at the port in such fiscal years; or (2) from the amounts collected for the Maritime Goods Movement User Fee, for fiscal years starting after enactment of this Act, are less than 10% of the total average amount of such fees collected through landings at the port. Establishes a Competitive Grant Program for Goods Movement. Amends the Internal Revenue Code to repeal the harbor maintenance tax. Declares that nothing in this Act shall be construed to prevent application of requirements that locally prevailing wages (Davis-Bacon Act) be paid to various classes of laborers and mechanics working on harbor maintenance improvement projects. | Maritime Goods Movement Act for the 21st Century |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Grandparents Raising Grandchildren
Assistance Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) many grandparents throughout the United States are the
primary caregivers to their grandchildren and such grandparents
are essentially starting over as parents;
(2) grandparents are acting as parents for a second time
primarily because of problems relating to the natural parents
of their grandchildren such as drug and alcohol addiction,
abuse, divorce, AIDS and other health problems, and teenage
pregnancy;
(3) grandparents and the grandchildren for whom they
provide care often suffer legal, financial, emotional, and
bureaucratic hardships; and
(4) it is desirable to develop national policies that
assist grandparents who are serving as the primary caregivers
to their grandchildren.
SEC. 3. GRANDCHILD SOCIAL SECURITY BENEFITS BASED ONLY ON DEPENDENCY.
(a) In General.--Subsection (e) of section 216 of the Social
Security Act (42 U.S.C. 416) is amended--
(1) by striking ``, but only if'' in the first sentence and
all that follows through ``such individual died''; and
(2) by striking the last sentence.
(b) Additional Requirements if Parents Are Alive.--Section
202(d)(9) of the Social Security Act (42 U.S.C. 402(d)(9)) is amended
by adding at the end the following new subparagraph:
``(C) If--
``(i) a child is treated as a child of an individual under
clause (3) of the first sentence of section 216(e), and
``(ii) a natural or adoptive parent of the child is living
at the time specified in paragraph (1)(C) of this subsection,
such child shall not be treated as dependent on such individual as of
such time unless the period described in subparagraphs (A) and (B) is
two years, and the natural or adoptive parent, if over the age of 18
years, is not a dependent for whom a deduction is allowable under
section 151 of the Internal Revenue Code of 1986 to such individual.''.
(c) Suspension of Benefits if Child Reunites With Parents.--Section
202(d)(1) of the Social Security Act (42 U.S.C. 402(d)(1)) is amended--
(1) by striking ``or'' at the end of subparagraph (F);
(2) by striking the period at the end of subparagraph (G)
and inserting ``; or''; and
(3) by inserting after subparagraph (G) the following new
subparagraph:
``(H) in the case of a child described in paragraph (9)(C),
the first month during which such child lives with such child's
natural or adoptive parent who has attained the age of 18 and
who is not a dependent as described in such paragraph.''.
(d) Effective Date.--The amendments made by this section shall
apply to benefits payable for months after the date of the enactment of
this Act, but only on the basis of applications filed after such date.
SEC. 4. DEVELOPMENT OF OPTIONAL MODEL PROCEDURE FOR NOTIFYING RELATIVES
PRIOR TO PLACEMENT OF A CHILD IN FOSTER CARE.
(a) In General.--Part E of title IV of the Social Security Act (42
U.S.C. 670 et seq.) is amended by inserting after section 477 the
following new section:
``development of model procedure for notifying relatives prior to
placement of a child in foster care
``Sec. 478. Not later than 180 days after the date of the enactment
of this section, the Secretary shall develop a model procedure to be
used by any State with a plan approved under this part which ensures
that reasonable efforts will be made prior to the placement of a child
in foster care to give notice to a relative (including a maternal or
fraternal grandparent, adult sibling, aunt, or uncle) who might be
available to care for the child.''.
(b) State Option to Establish Model Procedure.--Subsection (a) of
section 471 of the Social Security Act (42 U.S.C. 671) is amended--
(1) by striking ``and'' at the end of paragraph (16);
(2) by striking the period at the end of paragraph (17) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(18) at the option of the State, provides that the State
agency will establish the procedure developed by the Secretary
under section 478 or an alternate procedure for notifying
relatives prior to the placement of a child in foster care.''.
(c) Effective Date.--The amendments made by this section shall be
effective on the date of the enactment of this Act.
SEC. 5. MODEL STANDARDS FOR INSURANCE COVERAGE OF DEPENDENTS.
(a) Development of Model Standards.--If, within 1-year after the
date of the enactment of this section, the National Association of
Insurance Commissioners has not developed model standards for the
coverage of dependents under health insurance policies, the Secretary
of Health and Human Services (hereafter in this section referred to as
the ``Secretary''), shall develop such standards not later than 180
days after the end of such 1-year period.
(b) Distribution of Model Standards.--If the Secretary develops
model standards under subsection (a), the Secretary shall distribute
such standards to the commissioner of insurance, or any similar
official, of each State.
SEC. 6. CENSUS DATA ON GRANDPARENTS AS PRIMARY CAREGIVERS FOR THEIR
GRANDCHILDREN.
(a) In General.--Not later than 90 days after the date of the
enactment of this section, the Secretary of Commerce (hereafter in this
section referred to as the ``Secretary''), in carrying out the
provisions of section 141 of title 13, United States Code, shall expand
the data collection efforts of the Bureau of the Census (hereafter in
this section referred to as the ``Bureau'') to enable the Bureau to
collect statistically significant data, in connection with its
decennial census and its mid-decade census, concerning the growing
trend of grandparents who are the primary caregivers for their
grandchildren.
(b) Expanded Census Question.--In carrying out the provisions of
subsection (a), the Secretary shall expand the Bureau's census question
that details households which include both grandparents and their
grandchildren. The expanded question shall be formulated to distinguish
between the following households:
(1) a household in which a grandparent temporarily provides
a home for a grandchild for a period of weeks or months during
periods of parental distress; and
(2) a household in which a grandparent provides a home for
a grandchild and serves as the primary caregiver for the
grandchild.
SEC. 7. GRANTS FOR THE ESTABLISHMENT AND OPERATION OF A NATIONAL
RESOURCE CENTER FOR GRANDPARENTS.
(a) In General.--Section 202 of the Older Americans Act of 1965 (42
U.S.C. 3012) is amended by adding at the end the following:
``(f)(1) The Commissioner shall make grants to, or enter into
contracts with, one eligible entity to establish and operate the
National Resource Center for Grandparents (referred to in this
subsection as the `Center') to serve as a central source of information
and assistance to older individuals who--
``(A) raise their grandchildren;
``(B) encounter problems obtaining access to their
grandchildren for purposes of visitation; or
``(C) need financial, legal, emotional, or informational
assistance regarding their relationship with their
grandchildren.
``(2) The Center shall--
``(A) be staffed by employees and volunteers, including
such older individuals;
``(B) provide a toll-free telephone number to increase
access to the information and assistance available from the
Center;
``(C) collect and make available to such older individuals
information regarding programs, projects, and activities of
public and private entities (including governmental entities)
relating to the matters described in subparagraphs (A), (B),
and (C) of paragraph (1), including information on State law
regarding grandparent visitation and Federal assistance
available to such older individuals; and
``(D) refer individual grandparents to public and private
entities that provide information or assistance regarding the
rearing of grandchildren, including information regarding the
prevention of drug abuse and the promotion of good health and
nutrition.
``(3) For purposes of this subsection, the term `eligible entity'
means a nonprofit private organization with a demonstrated record of
experience in representing the concerns of older individuals with
respect to their relationship to their grandchildren.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the first day of the first fiscal year beginning after
the date of the enactment of this Act. | Grandparents Raising Grandchildren Assistance Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to qualify grandchildren for social security benefits based only on their dependency on social security recipients. Sets special rules if one of a grandchild's natural or adoptive parents is living. Provides for suspension of such benefits in the event the grandchild reunites with a natural or adoptive parent.
Amends part E (Foster Care and Adoption Assistance) of SSA title IV to direct the Secretary of Health and Human Services to develop a model procedure for States to use in notifying relatives before the placement of a child in foster care.
Directs the Secretary, if the National Association of Insurance Commissioners (NAIC) has not done so by a specified deadline, to develop model standards for the coverage of dependents under health insurance policies.
Requires the Secretary of Commerce to expand the data collection efforts of the Bureau of the Census to enable it to collect statistically significant data on the growing trend of grandparents who are the primary caregivers for their grandchildren.
Amends the Older Americans Act of 1965 to direct the Commissioner on Aging to make grants to or enter contracts with one eligible entity to establish and operate the National Resource Center for Grandparents to serve as a central source of information and assistance to older individuals who: (1) raise their grandchildren; (2) encounter problems obtaining visitation access to their grandchildren; or (3) need financial, legal, emotional, or informational assistance regarding their relationship with their grandchildren. | Grandparents Raising Grandchildren Assistance Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect and Save Act of 2012''.
SEC. 2. AUTHORITY TO DISCLOSE RETURN AND RETURN INFORMATION IN FEDERAL
AND STATE PROSECUTION LAW ENFORCEMENT.
(a) In General.--Subsection (k) of section 6103 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(11) Disclosure of certain return information in
connection with identity theft and fraudulent returns.--
``(A) In general.--In the case of an investigation
pertaining to the misuse of the identity of another
person for purposes of filing a false or fraudulent
return of tax, upon receipt of a written request which
meets the requirements of subparagraph (C), the
Secretary may disclose return information to officers
and employees of any Federal law enforcement agency, or
any officers and employees of any State or local law
enforcement agency, who are personally and directly
engaged in the investigation of any crimes implicated
in such misuse, but only if any such law enforcement
agency is part of a team with the Internal Revenue
Service in such investigation.
``(B) Limitation on use of information.--
Information disclosed under this subparagraph shall be
solely for the use of such officers and employees to
whom such information is disclosed in such
investigation.
``(C) Requirements.--A request meets the
requirements of this clause if--
``(i) the request is made by the head of
the agency (or his delegate) involved in such
investigation, and
``(ii) the request sets forth the specific
reason why such disclosure may be relevant to
the investigation.
``(D) Notification.--The Secretary shall determine
whether or not to grant the disclosure request
described in subparagraph (A) and notify the
petitioning law enforcement agency within 30 days of
receiving the request. This determination shall be
expedited in instances where the crimes of murder,
murder for hire, or arson are involved as certified by
the requesting agency's head.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 6103(a) of such Code is
amended by inserting ``or (k)(11)'' after ``subsection
(i)(7)(A)''.
(2) Paragraph (4) of section 6103(p) of such Code is
amended--
(A) in the matter preceding subparagraph (A) by
inserting ``or (11)'' after ``(k)(10)'', and
(B) in subparagraph (F)(ii) by striking ``or (10)''
and inserting ``(10) or (11)''.
(3) Paragraph (2) of section 7213(a) of such Code is
amended by inserting ``(k)(11),'' after ``(7)(A)(ii),''.
(c) Effective Date.--The amendment made by subsection (a) shall
apply to disclosures made after the date of the enactment of this Act.
(d) Rule of Construction.--Nothing in section 6103 of the Internal
Revenue Code of 1986 may be construed to prohibit Federal law
enforcement officials from coordinating with State and local law
enforcement agencies already investigating related crimes.
SEC. 3. LOCAL LAW ENFORCEMENT LIAISON.
Section 7803 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new subsection:
``(e) Local Law Enforcement Liaison.--
``(1) Establishment.--The Commissioner of Internal Revenue
shall establish within the Criminal Investigation Division of
the Internal Revenue Service the position of Local Law
Enforcement Liaison.
``(2) Duties.--The Local Law Enforcement Liaison shall--
``(A) coordinate the investigation of tax fraud
with State and local law enforcement agencies,
``(B) communicate the status of tax fraud cases
involving identity theft, and
``(C) carry out such other duties as delegated by
the Commissioner of Internal Revenue.''.
SEC. 4. PIN SYSTEM FOR PREVENTION OF IDENTITY THEFT TAX FRAUD.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of the Treasury (or the
Secretary's delegate) shall implement an identify theft tax fraud
prevention program under which--
(1) a person who has filed an identity theft affidavit with
the Secretary may elect--
(A) to be provided with a unique personal
identification number to be included on any Federal tax
return filed by such person, or
(B) to prevent the processing of any Federal tax
return submitted in an electronic format by a person
purporting to be such person, and
(2) the Secretary will provide additional identity
verification safeguards for the processing of any Federal tax
return filed by a person described in paragraph (1) in cases
where a unique personal identification number is not included
on the return.
SEC. 5. STUDY ON THE USE OF PREPAID DEBIT CARDS AND COMMERCIAL TAX
PREPARATION SOFTWARE IN TAX FRAUD.
(a) In General.--The Comptroller General of the United States shall
conduct a study to examine the role of prepaid debit cards and
commercial tax preparation software in facilitating fraudulent tax
returns through identity theft.
(b) Report.--Not later than 6 months after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committee on Finance of the Senate and the Committee on Ways and Means
of the House of Representatives a report with the results of the study
conducted under subsection (a), together with any recommendations.
SEC. 6. STUDY ON THE USE OF E-FILING IN TAX FRAUD.
(a) In General.--The Comptroller General of the United States shall
conduct a study to examine the role filing tax returns electronically
(e-filing) and electronic tax returns play in either facilitating or
preventing fraudulent tax returns through identity theft.
(b) Report.--Not later than 6 months after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committee on Finance of the Senate and the Committee on Ways and Means
of the House of Representatives a report with the results of the study
conducted under subsection (a), together with any recommendations.
SEC. 7. RESTRICTION ON ACCESS TO THE DEATH MASTER FILE.
(a) In General.--The Secretary of Commerce shall not disclose
information contained on the Death Master File to any person with
respect to any individual who has died at any time during the previous
two calendar years in which the request for disclosure is made or the
succeeding calendar year unless such person is certified under the
program established under subsection (b).
(b) Certification Program.--
(1) In general.--The Secretary of Commerce shall establish
a program to certify persons who are eligible to access the
information described in subsection (a) contained on the Death
Master File.
(2) Certification.--A person shall not be certified under
the program established under paragraph (1) unless the
Secretary determines that such person has a legitimate fraud
prevention interest in accessing the information described in
subsection (a).
(c) Imposition of Penalty.--Any person who is certified under the
program established under subsection (b), who receives information
described in subsection (a), and who during the period of time
described in subsection (a)--
(1) discloses such information to any other person, or
(2) uses any such information for any purpose other than to
detect or prevent fraud,
shall pay a penalty of $1,000 for each such disclosure or use, but the
total amount imposed under this subsection on such a person for any
calendar year shall not exceed $50,000.
(d) Exemption From Freedom of Information Act Requirement With
Respect to Certain Records of Deceased Individuals.--
(1) In general.--The Social Security Administration shall
not be compelled to disclose to any person who is not certified
under the program established under subsection (b) the
information described in subsection (a).
(2) Treatment of information.--For purposes of section 552
of title 5, United States Code, this section shall be
considered a statute described in subsection (b)(3)(B) of such
section 552.
SEC. 8. EXTENSION OF AUTHORITY TO DISCLOSE CERTAIN RETURN INFORMATION
TO PRISON OFFICIALS.
(a) In General.--Section 6103(k)(10) of the Internal Revenue Code
of 1986 is amended by striking subparagraph (D).
(b) Report From Federal Bureau of Prisons.--Not later than 6 months
after the date of the enactment of this Act, the head of the Federal
Bureau of Prisons shall submit to Congress a detailed plan on how it
will use the information provided from the Secretary of Treasury under
section 6103(k)(10) of the Internal Revenue Code of 1986 to reduce
prison tax fraud.
(c) Sense of House Regarding State Prison Authorities.--It is the
sense of the House that the heads of State agencies charged with the
administration of prisons should--
(1) develop plans for using the information provided by the
Secretary of Treasury under section 6103(k)(10) of the Internal
Revenue Code of 1986 to reduce prison tax fraud, and
(2) coordinate with the Internal Revenue Service with
respect to the use of such information.
SEC. 9. TREASURY REPORT ON INFORMATION SHARING BARRIERS WITH RESPECT TO
IDENTITY THEFT.
(a) Review.--
(1) In general.--The Secretary of the Treasury (or the
Secretary's delegate) shall review whether current Federal tax
laws and regulations related to the confidentiality and
disclosure of return information prevent the effective
enforcement of local, State, and Federal identity theft
statutes. The review shall consider whether greater information
sharing between the Internal Revenue Service and Federal, State
and local law enforcement authorities would improve the
enforcement of criminal laws at all levels of government.
(2) Consultation.--In conducting the review under paragraph
(1), the Secretary shall solicit the views of, and consult
with, State and local law enforcement officials. Among the
Federal agencies the Secretary shall consult in conducting the
review are the following:
(A) The Department of Veterans Affairs.
(B) The Department of Justice.
(C) The United States Postal Inspection Service.
(D) The Social Security Administration.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit a report with the results of the
review conducted under subsection (a), along with any legislative
recommendations, to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives. | Protect and Save Act of 2012 - Amends the Internal Revenue Code to: (1) authorize the Secretary of the Treasury to disclose tax return information to federal and state law enforcement agencies to assist in the investigation of the misuse of the identity of another person for purposes of filing a false or fraudulent tax return, (2) direct the Commissioner of Internal Revenue to establish within the Criminal Investigation Division of the Internal Revenue Service (IRS) the position of Local Law Enforcement Liaison to coordinate the investigation of tax fraud with state and local law enforcement agencies, and (3) make permanent the authority of the Secretary to disclose tax return information to federal and state prison officials to prevent the filing of false or fraudulent tax returns by prison inmates.
Requires the Secretary of the Treasury to: (1) implement an identity theft tax fraud prevention program; and (2) review whether current tax laws and regulations related to the confidentiality and disclosure of tax return information prevent the effective enforcement of federal, state, and local identity theft statutes.
Requires the Comptroller General (GAO) to conduct a study and report on: (1) the role of prepaid debit cards and commercial tax preparation software in facilitating fraudulent tax returns through identity theft, and (2) the role e-filing and electronic tax returns play in either facilitating or preventing fraudulent tax returns through identity theft.
Prohibits the Secretary of Commerce from disclosing information contained on the Death Master File relating to a deceased individual to persons who are not certified to access such information.
Requires the head of the Federal Bureau of Prisons to submit a detailed plan to Congress on how information obtained from the IRS will be used to reduce prison tax fraud. | To amend the Internal Revenue Code of 1986 to prevent identity theft and tax fraud, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Misclassification
Prevention Act''.
SEC. 2. CLASSIFICATION OF EMPLOYEES AND NON-EMPLOYEES.
(a) Recordkeeping and Notice Requirements.--Section 11(c) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) is amended--
(1) by striking ``(c) Every employer subject to any
provision of this Act or of any order issued under this Act''
and inserting the following:
``(c) Recordkeeping and Notice Requirements.--
``(1) In general.--Every person subject to any provision of
this Act or of any order issued under this Act'';
(2) by striking ``of the persons employed by him'' and
inserting the following: ``of--
``(A) each individual employed by such person'';
(3) by striking ``employment maintained by him, and shall''
and inserting the following: ``employment;
``(B) subject to paragraph (2), each individual--
``(i) who is not an employee within the
meaning given the term in section 3(e)
(referred to in this subsection as a `non-
employee');
``(ii) whom the person has engaged, in the
course of the person's trade or business, for
the performance of labor or services; and
``(iii)(I) with respect to whom the person
is required to file an information return under
section 6041A(a) of the Internal Revenue Code
of 1986; or
``(II) who is providing labor or services
to the person through an entity that is a
trust, estate, partnership, association,
company, or corporation (as such terms are used
in section 7701(a)(1) of the Internal Revenue
Code of 1986) if--
``(aa) such individual has an
ownership interest in the entity;
``(bb) creation or maintenance of
such entity is a condition for the
provision of such labor or services to
the person; and
``(cc) the person would be required
to file an information return for the
entity under section 6041A(a) of the
Internal Revenue Code of 1986 if the
entity were an individual; and
``(C) the remuneration and hours relating to the
performance of labor or services by each individual
described in subparagraph (B); and
``(D) the notices required under paragraph (5),
and shall''; and
(4) by adding at the end the following:
``(2) Recordkeeping limitation.--A person otherwise subject
to the requirements of paragraph (1) shall have no
responsibility for making, keeping, or preserving records,
including the records described in such paragraph and paragraph
(4), concerning the employees of any individual described in
paragraph (1)(B) or the non-employees with whom such individual
has engaged for the performance of labor or services for such
person, unless such records are provided during the course of
the trade or business to the person.
``(3) Presumption.--
``(A) In general.--For purposes of this Act and the
regulations or orders issued under this Act, an
individual who is employed, or who is remunerated for
the performance of labor or services, by a person,
shall be presumed to be an employee of the person if--
``(i) the person has not made, kept, and
preserved records in accordance with
subparagraphs (B) and (C) of paragraph (1)
regarding the individual; or
``(ii) the person has not provided the
individual with the notice required under
paragraph (5).
``(B) Rebuttal.--The presumption under subparagraph
(A) shall be rebutted only through the presentation of
clear and convincing evidence that an individual
described in such subparagraph is not an employee
(within the meaning of section 3(e)) of the person.
``(4) Accurate classification.--An accurate classification
of the status of each individual described in paragraph (1) as
either an employee (within the meaning of section 3(e)) of the
person maintaining the records or a non-employee of such person
shall be included within the records under this subsection.
``(5) Notice.--
``(A) In general.--Every person subject to any
provision of this Act or of any order issued under this
Act shall provide the notice described in subparagraph
(C) to each employee of the person and each individual
classified by the person as a non-employee under
paragraph (1)(B).
``(B) Timing of notice.--
``(i) In general.--Such notice shall be
provided, at a minimum, not later than 6 months
after the date of enactment of the Employee
Misclassification Prevention Act, and
thereafter--
``(I) for new employees, upon
employment; and
``(II) for new non-employees who
are classified under paragraph (1)(B),
upon commencement of the labor or
services described in such paragraph.
``(ii) Change in status.--Each person
required to provide notice under subparagraph
(A) to an individual shall also provide such
notice to such individual upon changing such
individual's status as an employee or non-
employee under paragraph (1).
``(C) Contents of notice.--The notice required
under this paragraph shall be in writing and shall--
``(i) inform the individual of the
individual's classification, by the person
submitting the notice, as an employee or a non-
employee under paragraph (1);
``(ii) include a statement directing such
individual to a Department of Labor Web site
established for the purpose of providing
further information about the rights of
employees under the law;
``(iii) include the address and telephone
number for the applicable local office of the
United States Department of Labor;
``(iv) include for each individual
classified as a non-employee under paragraph
(1)(B) by the person submitting the notice, the
following statement: `Your rights to wage,
hour, and other labor protections depend upon
your proper classification as an employee or
non-employee. If you have any questions or
concerns about how you have been classified or
suspect that you may have been misclassified,
contact the U.S. Department of Labor.'; and
``(v) include such additional information
as the Secretary shall prescribe by
regulation.''.
(b) Special Prohibited Acts.--Section 15(a) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 215(a)) is amended--
(1) by striking paragraph (3) and inserting the following:
``(3) to discharge or in any other manner discriminate
against any individual (including an employee) because such
individual has--
``(A) opposed any practice, or filed a petition or
complaint or instituted or caused to be instituted any
proceeding--
``(i) under or related to this Act
(including concerning an individual's status as
an employee or non-employee for purposes of
this Act); or
``(ii) concerning an individual's status as
an employee or non-employee for employment tax
purposes within the meaning of subtitle C of
the Internal Revenue Code of 1986;
``(B) testified or is about to testify in any
proceeding described in subparagraph (A); or
``(C) served, or is about to serve, on an industry
committee;'';
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) to fail to accurately classify an individual as an
employee.''.
(c) Special Penalty for Certain Misclassification, Recordkeeping,
and Notice Violations.--Section 16 of the Fair Labor Standards Act of
1938 (29 U.S.C. 216) is amended--
(1) in subsection (b)--
(A) in the sixth sentence, by striking ``any
employee'' each place the term occurs and inserting
``any employee or individual'';
(B) in the fourth sentence, by striking
``employee'' and inserting ``employee or individual'';
(C) in the third sentence--
(i) by striking ``either of the preceding
sentences'' and inserting ``any of the
preceding sentences'';
(ii) by striking ``one or more employees''
and inserting ``one or more employees or
individuals''; and
(iii) by striking ``other employees'' and
inserting ``other employees or individuals,
respectively,''; and
(D) by inserting after the first sentence the
following: ``Such liquidated damages are doubled
(subject to section 11 of the Portal-to-Portal Pay Act
of 1947 (29 U.S.C. 260)) where, in addition to
violating the provisions of section 6 or 7, the
employer has violated the provisions of section
15(a)(6) with respect to such employee or employees.'';
and
(2) in subsection (e), by striking paragraph (2) and
inserting the following:
``(2) Any person who violates section 6, 7, 11(c), or 15(a)(6)
shall be subject to a civil penalty, for each employee or other
individual who was the subject of such a violation, in an amount--
``(A) not to exceed $1,100; or
``(B) in the case of a person who has repeatedly or
willfully committed such violation, not to exceed $5,000.''.
(d) Employee Rights Web Site.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Labor shall establish,
for purposes of section 11(c)(5)(C)(ii) of the Fair Labor
Standards Act of 1938 (as added by this Act), a single web page
on the Department of Labor Web site that summarizes in plain
language the rights of employees as described in the amendments
made by subsection (a) and other information considered
appropriate by the Secretary, including appropriate links to
additional information on the Department of Labor Web site or
other Federal agency Web sites. In addition, such web page--
(A) shall include a statement explaining that
employees may have additional or greater rights under
State or local laws and how employees may obtain
additional information about their rights under State
or local laws;
(B) shall be made available in English and any
other languages that the Secretary determines to be
prevalent among individuals likely to access the web
page; and
(C) may provide a link to permit individuals to
file complaints online.
(2) Coordination with other federal web sites.--The
Secretary shall coordinate with other relevant Federal agencies
in order to provide information similar to the information
described in paragraph (1) (or a link to the Department of
Labor web page required by this subsection) on the Web sites of
such other agencies.
SEC. 3. MISCLASSIFICATION OF EMPLOYEES FOR UNEMPLOYMENT COMPENSATION
PURPOSES.
(a) In General.--Section 303(a) of the Social Security Act (42
U.S.C. 503(a)) is amended--
(1) in paragraph (10), by striking the period and inserting
``; and''; and
(2) by adding after paragraph (10) the following:
``(11)(A) Such auditing and investigative procedures as may
be necessary to identify employers that have not registered
under the State law or that are paying unreported wages, where
these actions or omissions by the employers have the effect of
excluding employees from unemployment compensation coverage;
and
``(B) The making of quarterly reports to the Secretary of
Labor (in such form as the Secretary of Labor may require)
describing the results of the procedures under subparagraph
(A); and
``(12) The establishment of administrative penalties for
misclassifying employees, or paying unreported wages to
employees without proper recordkeeping, for unemployment
compensation purposes.''.
(b) Review of Auditing Programs.--The Secretary of Labor shall
include, in the Department of Labor's system for measuring States'
performance in conducting unemployment compensation tax audits, a
specific measure of their effectiveness in identifying the
underreporting of wages and the underpayment of unemployment
compensation contributions (including their effectiveness in
identifying instances of such underreporting or underpayments despite
the absence of cancelled checks, original time sheets, or other similar
documentation).
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsection (a) shall take effect 12 months
after the date of the enactment of this Act.
(2) Exception.--If the Secretary of Labor finds that
legislation is necessary in order for the unemployment
compensation law of a State to comply with the amendments made
by subsection (a), such amendments shall not apply with respect
to such law until the later of--
(A) the day after the close of the first regular
session of the legislature of such State which begins
after the date of the enactment of this Act; or
(B) 12 months after the date of the enactment of
this Act.
(d) Definition of State.--For purposes of this section, the term
``State'' has the meaning given such term by section 3306(j) of the
Internal Revenue Code of 1986.
SEC. 4. DEPARTMENT OF LABOR COORDINATION, REFERRAL, AND REGULATIONS.
(a) Coordination and Referral.--Notwithstanding any other provision
of law, any office, administration, or division of the Department of
Labor that, while in the performance of its official duties, obtains
information regarding the misclassification by a person subject to the
provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.) or any order issued under such Act of any individual regarding
whether such individual is an employee or a non-employee contracted for
the performance of labor or services for purposes of section 6 or 7 of
such Act (29 U.S.C. 206, 207) or in records required under section
11(c) of such Act (29 U.S.C. 211(c)), shall report such information to
the Wage and Hour Division of the Department. The Wage and Hour
Division may report such information to the Internal Revenue Service as
the Division considers appropriate.
(b) Regulations.--The Secretary of Labor shall promulgate
regulations to carry out this Act and the amendments made by this Act.
SEC. 5. TARGETED AUDITS.
The audits of employers subject to the Fair Labor Standards Act of
1938 (29 U.S.C. 201 et seq.) that are conducted by the Wage and Hour
Division of the Department of Labor shall include certain industries
with frequent incidence of misclassifying employees as non-employees,
as determined by the Secretary of Labor. | Employee Misclassification Prevention Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to require every person to: (1) keep records of non-employees (contractors) who perform labor or services (except substitute work), including through an entity such as a trust, estate, partnership, association, company, or corporation, for remuneration; and (2) provide certain notice to each new employee and new non-employee, including their classification as an employee or non-employee and information concerning their rights under the law.
Makes it unlawful for any person to: (1) discharge or otherwise discriminate against an individual (including an employee) who has opposed any practice, or filed a complaint or instituted any proceeding related to this Act, including with respect to an individual's status as an employee or non-employee; and (2) fail to classify accurately an employee or non-employee.
Doubles the amount of liquidated damages for maximum hours, minimum wage, and notice of classification violations by an employer. Subjects a person who: (1) violates such requirements (including recordkeeping requirements) to a civil penalty of up to $1,100; or (2) repeatedly or willfully violates such requirements to a civil penalty of up to $5,000 for each violation.
Directs the Secretary of Labor to establish a webpage on the Department of Labor website that summarizes the rights of employees under this Act and other appropriate information.
Amends the Social Security Act to require, as a condition for a federal grant for the administration of state unemployment compensation, for the state's unemployment compensation law to include a provision for: (1) auditing programs that identify employers that have not registered under the state law or that are paying unreported compensation where the effect is to exclude employees from unemployment compensation coverage; and (2) establishing administrative penalties for misclassifying employees or paying unreported unemployment compensation to employees.
Requires any office, administration, or division of the Department of Labor to report any misclassification of an employee by a person subject to the FLSA that it discovers to the Department's Wage and Hour Division (WHD). Authorizes the WHD to report such information to the Internal Revenue Service (IRS). | A bill to amend the Fair Labor Standards Act of 1938 to require persons to keep records of non-employees who perform labor or services for remuneration and to provide a special penalty for persons who misclassify employees as non-employees, and for other purposes. |
SECTION 1. FINDINGS.
The Congress finds as follows:
(1) To date, 212 innocent people have been exonerated
nationwide through DNA testing and the Innocence Project has
worked on the vast majority of those cases, with thousands
awaiting evaluation in their last hope for justice.
(2) Fifteen people had been sentenced to death before
exoneration, and the average sentence served by DNA exonerees
has been 12 years.
(3) Approximately 70 percent of those exonerated by DNA
testing are members of ethnic minority groups.
(4) In over 35 percent of the cases the Innocence Project
has been involved with, the actual perpetrator has been
identified by DNA testing.
(5) Exonerations have been won in 31 states and the
District of Columbia.
(6) Since 1992, the Innocence Project has served as a
nonprofit legal clinic affiliated with the Benjamin N. Cardozo
School of Law at Yeshiva University, serving as a national
litigation and public policy organization dedicated to
exonerating wrongfully convicted people through DNA testing and
reforming the criminal justice system to prevent future
injustice.
(7) Most clients are poor and have used up all legal
avenues for relief.
(8) DNA testing has been a major factor in changing the
criminal justice system, opening a window to correct and
prevent wrongful convictions in cases involving everything from
home invasion to murder.
(9) The Innocence Project has grown to become much more
than the ``court of last resort'' for inmates who have
exhausted their appeals and their mean; it has helped form the
Innocence Network: a group of law schools, journalism schools,
public defender offices, and other independent entities across
the country that assist inmates trying to prove their innocence
whether or not the cases involve biological evidence which can
be subjected to DNA testing.
(10) Peter Neufeld authored the seminal work in criminal
law, ``The Near Irrelevance of Daubert to Criminal Justice and
Some Suggestions for Reform'' in the American Journal of Public
Health (Vol. 95, No. S1 2005).
(11) The Innocence Project has analyzed the wrongful
convictions proven by DNA evidence in order to determine what
causes them--across all criminal cases, not just those where
DNA can prove innocence--and identify the reforms that can
prevent them while increasing the accuracy of the criminal
justice system. The lead causes include eyewitness
misidentification, problems with the analysis of forensic
evidence, and false ``confessions''.
(12) With local advocates and partners, the Innocence
Project consults with legislators and law enforcement officials
on the Federal, State, and local levels, conduct research and
training, produce scholarship and propose a wide range of
remedies to prevent wrongful convictions while continuing to
work to free innocent inmates through the use of post-
conviction DNA testing.
(13) In addition to serving as co-founders and co-directors
of the Innocence Project, Barry C. Scheck and Peter Neufeld are
Commissioners on the New York State Commission of Forensic
Science.
(14) Barry C. Scheck and Peter Neufeld, along with
Pulitzer-Prize winning journalist Jim Dwyer, are the authors of
Actual Innocence: When Justice Goes Wrong and How to Make it
Right.
(15) Additionally, Barry C. Scheck served on the board of
directors of the National Institute of Justice's Commission on
the Future of DNA Evidence, is co-chair of the DNA Task Force
of the National Association of Criminal Defense Lawyers and, in
1996, received that Association's prestigious Robert C. Heeney
Award for his contributions to the Association.
(16) Barry C. Scheck is a graduate of Yale University and
University of California at Berkeley's Boalt School of Law.
(17) Barry C. Scheck, before joining the faculty of Cardozo
Law School, worked for 3 years as a staff attorney at The Legal
Aid Society in New York City.
(18) Peter Neufeld is a graduate of the University of
Wisconsin and New York University's School of Law.
(19) Peter Neufeld, before joining Cardozo Law School,
taught trial advocacy at Fordham University Law School and was
a staff attorney with the Legal Aid Society of New York.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President Pro Tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of the
Congress, to Barry C. Scheck and to Peter Neufeld a gold medal of
appropriate design in recognition of their outstanding service to the
Nation and to justice as co-founders and co-directors of the Innocence
Project.
(b) Design and Striking.--For the purpose of the presentation
referred to in subsection (a), the Secretary of the Treasury (hereafter
in this Act referred to as the ``Secretary'') shall strike 2 gold
medals with suitable emblems, devices, and inscriptions, to be
determined by the Secretary.
SEC. 3. DUPLICATE MEDALS.
Under such regulations as the Secretary may prescribe, the
Secretary may strike and sell duplicates in bronze of the gold medals
struck under section 2 at a price sufficient to cover the costs of the
medals, including labor, materials, dies, use of machinery, and
overhead expenses.
SEC. 4. NATIONAL MEDALS.
The medals struck under this Act are national medals for purposes
of chapter 51 of title 31, United States Code.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE.
(a) Authorization of Appropriations.--There is hereby authorized to
be charged against the United States Mint Public Enterprise Fund an
amount not to exceed $30,000 to pay for the cost of each medal
authorized under section 2.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 3 shall be deposited in the United States
Mint Public Enterprise Fund. | Awards a congressional gold medal to Barry C. Scheck and to Peter Neufeld in recognition of their outstanding service to the nation and to justice as co-founders and co-directors of the Innocence Project (a nonprofit legal clinic dedicated to exonerating wrongfully convicted people through DNA testing and to reforming the criminal justice system to prevent future injustice). | To award a congressional gold medal to Barry C. Scheck and to Peter Neufeld in recognition of their outstanding service to the Nation and to justice as co-founders and co-directors of the Innocence Project. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland Security Information
Sharing Enhancement Act of 2006''.
SEC. 2. FINDINGS ON DISSEMINATION OF HOMELAND SECURITY-RELATED
INFORMATION.
Congress finds the following:
(1) Section 201(d)(1) of the Homeland Security Act of 2002
gives the Department of Homeland Security authority to access,
receive, and analyze law enforcement information, intelligence
information, and other information from Federal, State, and
local government agencies--including law enforcement agencies--
and to integrate such information in order to detect, identify,
and assess terrorist threats to the homeland.
(2) Section 201(d)(4) of the Homeland Security Act of 2002
likewise gives the Department the power to ensure ``timely and
efficient access'' to these categories of information in order
to effectively discharge its information sharing
responsibilities.
(3) Section 102A(f)(1)(B)(iii) of the National Security Act
of 1947 (50 U.S.C. 403-1(f)(1)(B)(iii)), as amended by section
1011 of the Intelligence Reform and Terrorism Prevention Act of
2004, prohibits the Director of National Intelligence from
disseminating information directly to State and local
government officials.
(4) Under section 119(f)(1)(E) of the National Security Act
of 1947 (50 U.S.C. 404o(f)(1)(E)), as amended, the Director of
the National Counterterrorism Center supports the
responsibilities of the Department of Homeland Security to
disseminate terrorism information.
(5) Section 201(d)(9) of the Homeland Security Act of 2002
gives the Department of Homeland Security the responsibility to
disseminate information analyzed by the Department to other
Federal, State, and local agencies with responsibilities
relating to homeland security ``in order to assist in the
deterrence, prevention, preemption of, or response to,
terrorist attacks. . .''.
(6) Section 201(d)(11) of the Homeland Security Act of 2002
(6 U.S.C. 121(d)(11)) explicitly gives the Department the
responsibility to ensure ``appropriate exchanges of
information, including law enforcement-related information,
relating to threats of terrorism against the United States''.
(7) Section 201(d)(14) of the Homeland Security Act of 2002
gives the Department the responsibility ``to establish and
utilize . . . a secure communications and information
technology infrastructure . . . in order to access, receive,
and analyze data'' and to disseminate that data to State,
local, and tribal law enforcement agencies as appropriate.
SEC. 3. HOMELAND SECURITY ADVISORY SYSTEM.
(a) In General.--Subtitle A of title II of the Homeland Security
Act of 2002 is amended by adding at the end the following:
``SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.
``(a) Requirement.--The Under Secretary for Information and
Analysis shall implement a Homeland Security Advisory System in
accordance with this section to provide public advisories and alerts
regarding threats to homeland security, including national, regional,
local, and economic sector advisories and alerts, as appropriate.
``(b) Required Elements.--The Under Secretary, under the System--
``(1) shall include, in each advisory and alert regarding a
threat, information on appropriate protective measures and
countermeasures that may be taken in response to the threat;
``(2) shall, whenever possible, limit the scope of each
advisory and alert to a specific region, locality, or economic
sector believed to be at risk; and
``(3) shall not, in issuing any advisory or alert, use
color designations as the exclusive means of specifying the
homeland security threat conditions that are the subject of the
advisory or alert.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to
subtitle A of title II the following:
``Sec. 203. Homeland Security Advisory System.''.
SEC. 4. HOMELAND SECURITY INFORMATION SHARING.
(a) In General.--Subtitle A of title II of the Homeland Security
Act of 2002 (6 U.S.C. 121 et seq.), as amended by section 3, is further
amended by adding at the end the following:
``SEC. 204. HOMELAND SECURITY INFORMATION SHARING.
``(a) Information Sharing Environment.--Consistent with section
1016 of the National Intelligence Reform and Terrorism Prevention Act
of 2004 (6 U.S.C. 485), the Secretary shall integrate and standardize
the information of the intelligence components of the Department into a
Department information sharing environment, to be administered by the
Under Secretary for Intelligence and Analysis.
``(b) Information Sharing and Knowledge Management Officers.--For
each intelligence component of the Department, the Secretary shall
designate an information sharing and knowledge management officer who
shall report to the Under Secretary for Intelligence and Analysis with
respect to coordinating the different systems used in the Department to
gather and disseminate homeland security information.
``(c) State, Local, and Private-Sector Sources of Information.--
``(1) Establishment of business processes.--The Under
Secretary for Intelligence and Analysis shall establish
Department-wide procedures for the review and analysis of
information gathered from State, local, tribal, and private-
sector sources and, as appropriate, integrate such information
into the information gathered by the Department and other
department and agencies of the Federal Government.
``(2) Feedback.--The Secretary shall develop mechanisms to
provide analytical and operational feedback to any State,
local, tribal, and private-sector entities that gather
information and provide such information to the Secretary.
``(d) Training and Evaluation of Employees.--
``(1) Training.--The Under Secretary shall provide to
employees of the Department opportunities for training and
education to develop an understanding of the definition of
homeland security information, how information available to
them as part of their duties might qualify as homeland security
information, and how information available to them is relevant
to the Office of Intelligence and Analysis.
``(2) Evaluations.--The Under Secretary shall, on an
ongoing basis, evaluate how employees of the Office of
Intelligence and Analysis and the intelligence components of
the Department are utilizing homeland security information and
participating in the Department information sharing
environment.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is further amended by adding at the end of the items relating
to such subtitle the following:
``Sec. 204. Homeland security information sharing.''.
(c) Establishment of Comprehensive Information Technology Network
Architecture.--
(1) In general.--Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by
adding at the end the following new section:
``SEC. 205. COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK ARCHITECTURE.
``(a) Establishment.--The Secretary, acting through the Chief
Intelligence Officer, shall establish a comprehensive information
technology network architecture for the Office of Intelligence and
Analysis.
``(b) Network Model.--The comprehensive information technology
network architecture established under subsection (a) shall, to the
extent possible, incorporate the approaches, features, and functions of
the network proposed by the Markle Foundation in reports issued in
October 2002 and December 2003, known as the System-wide Homeland
Security Analysis and Resource Exchange (SHARE) Network.
``(c) Comprehensive Information Technology Network Architecture
Defined.--the term `comprehensive information technology network
architecture' means an integrated framework for evolving or maintaining
existing information technology and acquiring new information
technology to achieve the strategic goals and information resources
management goals of the Office of Information and Analysis.''.
(2) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by adding at the end of the items
relating to such subtitle the following:
``Sec. 205. Comprehensive information technology network
architecture.''.
(3) Reports.--
(A) Report on implementation of plan.--Not later
than 360 days after the date of the enactment of this
Act, the Secretary of Homeland Security shall submit to
the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives a report
containing a plan to implement the comprehensive
information technology network architecture for the
Office of Intelligence and Analysis of the Department
of Homeland Security required under section 209 of the
Homeland Security Act of 2002, as added by paragraph
(1). Such report shall include the following:
(i) Priorities for the development of the
comprehensive information technology network
architecture and a rationale for such
priorities.
(ii) An explanation of how the various
components of the comprehensive information
technology network architecture will work
together and interconnect.
(iii) A description of the technology
challenges that the Office of Intelligence and
Analysis will face in implementing the
comprehensive information technology network
architecture.
(iv) A description of technology options
that are available or are in development that
may be incorporated into the comprehensive
technology network architecture, the
feasibility of incorporating such options, and
the advantages and disadvantages of doing so.
(v) An explanation of any security
protections to be developed as part of the
comprehensive information technology network
architecture.
(vi) A description of any safeguards for
civil liberties and privacy to be built into
the comprehensive information technology
network architecture.
(vii) An operational best practices plan.
(B) Progress report.--Not later than 180 days after
the date on which the report is submitted under
subparagraph (A), the Secretary of Homeland Security
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a
report on the progress of the Secretary in developing
the comprehensive information technology network
architecture required under section 209 of the Homeland
Security Act of 2002, as added by paragraph (1).
(d) Intelligence Component Defined.--Section 2 of the Homeland
Security Act of 2002 (6 U.S.C. 101) is amended by adding at the end the
following new paragraph:
``(17) The term `intelligence component of the Department'
means any directorate, agency, or element of the Department
that gathers, receives, analyzes, produces, or disseminates
homeland security information except--
``(A) a directorate, agency, or element of the
Department that is required to be maintained as a
distinct entity under this Act; or
``(B) any personnel security, physical security,
document security, or communications security program
within any directorate, agency, or element of the
Department.''.
SEC. 5. AUTHORITY FOR DISSEMINATING HOMELAND SECURITY-RELATED
INFORMATION.
(a) In General.--Title I of the Homeland Security Act of 2002 (6
U.S.C. 111 et seq.) is amended by adding at the end the following:
``SEC. 104. AUTHORITY FOR DISSEMINATING HOMELAND SECURITY-RELATED
INFORMATION.
``(a) Primary Authority.--Except as provided in subsection (b), the
Secretary or the Secretary's designee shall be the executive branch
official responsible for disseminating homeland security-related
terrorist threat information to State and local government and tribal
officials and the private sector.
``(b) Prior Approval Required.--No Federal official may issue any
homeland security-related analysis, advisory, or alert without the
Secretary's prior approval, except--
``(1) in exigent circumstances under which it is essential
that the information be communicated immediately; or
``(2) when such analysis advisory or alert is issued to
Federal, State, local, or tribal law enforcement officials for
the purpose of assisting them in any aspect of the
administration of criminal justice.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to such
title the following:
``Sec. 104. Authority for disseminating homeland security-related
information.''. | Homeland Security Information Sharing Enhancement Act of 2006 - Amends the Homeland Security Act of 2002 to require the Under Secretary for Information and Analysis to implement a Homeland Security Advisory System to provide advisories and alerts regarding threats to homeland security. Requires such an advisory or alert to: (1) include information on protective measures and countermeasures; (2) be limited in scope to a specific region, locality, or economic sector; and (3) not use color designations as the exclusive means of specifying threat conditions.
Directs the Secretary of the Department of Homeland Security (DHS) to: (1) integrate and standardize the information of the Department's intelligence components into a Department information-sharing environment; and (2) designate, for each such component, an information-sharing and knowledge management officer.
Requires the Under Secretary to: (1) establish Department-wide procedures for the review and analysis of information gathered from state, local, tribal, and private-sector sources; (2) develop mechanisms to provide analytical and operational feedback; (3) provide Department employees training and educational opportunities; and (4) evaluate how employees of the Office of Intelligence and Analysis and the Department's intelligence components are utilizing homeland security information.
Directs the Secretary, acting through the Chief Intelligence Officer, to establish a comprehensive information technology architecture for such Office.
Makes the Secretary the executive branch official responsible for disseminating homeland security-related terrorist threat information to state and local government and tribal officials and the private sector. Prohibits any federal official from issuing a homeland security-related analysis, advisory, or alert without the Secretary's approval, with exceptions. | To amend the Homeland Security Act of 2002 to enhance homeland security information sharing, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Earthquake Hazards Reduction
Authorization Act of 2000''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
(a) Federal Emergency Management Agency.--Section 12(a)(7) of the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706(a)) is
amended--
(1) by striking ``and'' after ``1998''; and
(2) by striking ``1999.'' and inserting ``1999; $19,861,000
for the fiscal year ending September 30, 2001, of which
$450,000 is for National Earthquake Hazard Reduction Program-
eligible efforts of an established multi-state consortium to
reduce the unacceptable threat of earthquake damages in the New
Madrid seismic region through efforts to enhance preparedness,
response, recovery, and mitigation; $20,705,000 for the fiscal
year ending September 30, 2002; and $21,585,000 for the fiscal
year ending September 30, 2003.''.
(b) United States Geological Survey.--Section 12(b) of the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706(b)) is
amended--
(1) by inserting after ``operated by the Agency.'' the
following: ``There are authorized to be appropriated to the
Secretary of the Interior for purposes of carrying out, through
the Director of the United States Geological Survey, the
responsibilities that may be assigned to the Director under
this Act $48,360,000 for fiscal year 2001, of which $3,500,000
is for the Global Seismic Network and $100,000 is for the
Scientific Earthquake Studies Advisory Committee established
under section 10 of the Earthquake Hazards Reduction Act of
2000; $50,415,000 for fiscal year 2002, of which $3,600,000 is
for the Global Seismic Network and $100,000 is for the
Scientific Earthquake Studies Advisory Committee; and
$52,558,000 for fiscal year 2003, of which $3,700,000 is for
the Global Seismic Network and $100,000 is for the Scientific
Earthquake Studies Advisory Committee;
(2) by striking ``and'' at the end of paragraph (1);
(3) by striking ``1999,'' at the end of paragraph (2) and
inserting ``1999;''; and
(4) by inserting after paragraph (2) the following:
``(3) $9,000,000 of the amount authorized to be
appropriated for fiscal year 2001;
``(4) $9,250,000 of the amount authorized to be
appropriated for fiscal year 2002; and
``(5) $9,500,000 of the amount authorized to be
appropriated for fiscal year 2003,''.
(c) Real-time Seismic Hazard Warning System.--Section 2(a)(7) of
the Act entitled ``An Act To authorize appropirations for carrying out
the Earthquake Hazards Reduction Act of 1977 for fiscal years 1998 and
1999, and for other purposes (111 Stat. 1159; 42 U.S.C. 7704 nt) is
amended by striking ``1999.'' and inserting ``1999, $2,600,000 for
fiscal year 2001, $2,710,000 for fiscal year 2002, and $2,825,000 for
fiscal year 2003.''.
(d) National Science Foundation.--Section 12(c) of the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7706(c)) is amended--
(1) by striking ``1998, and'' and inserting ``1998,''; and
(2) by striking ``1999.'' and inserting ``1999, and (5)
$19,000,000 for engineering research and $11,900,000 for
geosciences research for the fiscal year ending September 30,
2001. There are authorized to be appropriated to the National
Science Foundation $19,808,000 for engineering research and
$12,406,000 for geosciences research for fiscal year 2002 and
$20,650,000 for engineering research and $12,933,000 for
geosciences research for fiscal year 2003.''.
(e) National Institute of Standards and Technology.--Section 12(d)
of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706(d)) is
amended--
(1) by striking ``1998, and''; and inserting ``1998,''; and
(2) by striking ``1999.'' and inserting ``1999, $2,332,000
for fiscal year 2001, $2,431,000 for fiscal year 2002, and
$2,534,300 for fiscal year 2003.''.
SEC. 3. REPEALS.
Section 10 and subsections (e) and (f) of section 12 of the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7705d and 7706 (e)
and (f)) are repealed.
SEC. 4. ADVANCED NATIONAL SEISMIC RESEARCH AND MONITORING SYSTEM.
The Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et
seq.) is amended by adding at the end the following new section:
``SEC. 13. ADVANCED NATIONAL SEISMIC RESEARCH AND MONITORING SYSTEM.
``(a) Establishment.--The Director of the United States Geological
Survey shall establish and operate an Advanced National Seismic
Research and Monitoring System. The purpose of such system shall be to
organize, modernize, standardize, and stabilize the national, regional,
and urban seismic monitoring systems in the United States, including
sensors, recorders, and data analysis centers, into a coordinated
system that will measure and record the full range of frequencies and
amplitudes exhibited by seismic waves, in order to enhance earthquake
research and warning capabilities.
``(b) Management Plan.--Not later than 90 days after the date of
the enactment of the Earthquake Hazards Reduction Authorization Act of
2000, the Director of the United States Geological Survey shall
transmit to the Congress a 5-year management plan for establishing and
operating the Advanced National Seismic Research and Monitoring System.
The plan shall include annual cost estimates for both modernization and
operation, milestones, standards, and performance goals, as well as
plans for securing the participation of all existing networks in the
Advanced National Seismic Research and Monitoring System and for
establishing new, or enhancing existing, partnerships to leverage
resources.
``(c) Authorization of Appropriations.--
``(1) Expansion and modernization.--In addition to amounts
appropriated under section 12(b), there are authorized to be
appropriated to the Secretary of the Interior, to be used by
the Director of the United States Geological Survey to
establish the Advanced National Seismic Research and Monitoring
System--
``(A) $33,500,000 for fiscal year 2002;
``(B) $33,700,000 for fiscal year 2003;
``(C) $35,100,000 for fiscal year 2004;
``(D) $35,000,000 for fiscal year 2005; and
``(E) $33,500,000 for fiscal year 2006.
``(2) Operation.--In addition to amounts appropriated under
section 12(b), there are authorized to be appropriated to the
Secretary of the Interior, to be used by the Director of the
United States Geological Survey to operate the Advanced
National Seismic Research and Monitoring System--
``(A) $4,500,000 for fiscal year 2002; and
``(B) $10,300,000 for fiscal year 2003.''.
SEC. 5. NETWORK FOR EARTHQUAKE ENGINEERING SIMULATION.
The Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et
seq.) is amended by adding at the end the following new section:
``SEC. 14. NETWORK FOR EARTHQUAKE ENGINEERING SIMULATION.
``(a) Establishment.--The Director of the National Science
Foundation shall establish the George E. Brown, Jr. Network for
Earthquake Engineering Simulation that will upgrade, link, and
integrate a system of geographically distributed experimental
facilities for earthquake engineering testing of full-sized structures
and their components and partial-scale physical models. The system
shall be integrated through networking software so that integrated
models and databases can be used to create model-based simulation, and
the components of the system shall be interconnected with a computer
network and allow for remote access, information sharing, and
collaborative research.
``(b) Authorization of Appropriations.--In addition to amounts
appropriated under section 12(c), there are authorized to be
appropriated $28,200,000 for fiscal year 2001 for the Network for
Earthquake Engineering Simulation. In addition to amounts appropriated
under section 12(c), there are authorized to be appropriated to the
National Science Foundation for the Network for Earthquake Engineering
Simulation--
``(1) $24,400,000 for fiscal year 2002;
``(2) $4,500,000 for fiscal year 2003; and
``(3) $17,000,000 for fiscal year 2004.''.
SEC. 6. BUDGET COORDINATION.
Section 5 of the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7704) is amended--
(1) by striking subparagraph (A) of subsection (b)(1) and
redesignating subparagraphs (B) through (F) of subsection
(b)(1) as subparagraphs (A) through (E), respectively;
(2) by striking ``in this paragraph'' in the last sentence
of paragraph (1) of subsection (b) and inserting ``in
subparagraph (E)''; and
(3) by adding at the end the following new subsection:
``(c) Budget Coordination.--
``(1) Guidance.--The Agency shall each year provide
guidance to the other Program agencies concerning the
preparation of requests for appropriations for activities
related to the Program, and shall prepare, in conjunction with
the other Program agencies, an annual Program budget to be
submitted to the Office of Management and Budget.
``(2) Reports.--Each Program agency shall include with its
annual request for appropriations submitted to the Office of
Management and Budget a report that--
``(A) identifies each element of the proposed
Program activities of the agency;
``(B) specifies how each of these activities
contributes to the Program; and
``(C) states the portion of its request for
appropriations allocated to each element of the
Program.''.
SEC. 7. REPORT ON AT-RISK POPULATIONS.
Not later than one year after the date of the enactment of this
Act, and after a period for public comment, the Director of the Federal
Emergency Management Agency shall transmit to the Congress a report
describing the elements of the Program that specifically address the
needs of at-risk populations, including the elderly, persons with
disabilities, non-English-speaking families, single-parent households,
and the poor. Such report shall also identify additional actions that
could be taken to address those needs and make recommendations for any
additional legislative authority required to take such actions.
SEC. 8. PUBLIC ACCESS TO EARTHQUAKE INFORMATION.
Section 5(b)(2)(A)(ii) of the Earthquake Hazards Reduction Act of
1977 (42 U.S.C. 7704(b)(2)(A)(ii)) is amended by inserting ``, and
development of means of increasing public access to available locality-
specific information that may assist the public in preparing for or
responding to earthquakes'' after ``and the general public''.
SEC. 9. LIFELINES.
Section 4(6) of the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7703(6)) is amended by inserting ``and infrastructure'' after
``communication facilities''.
SEC. 10. SCIENTIFIC EARTHQUAKE STUDIES ADVISORY COMMITTEE.
(a) Establishment.--The Director of the United States Geological
Survey shall establish a Scientific Earthquake Studies Advisory
Committee.
(b) Organization.--The Director shall establish procedures for
selection of individuals not employed by the Federal Government who are
qualified in the seismic sciences and other appropriate fields and may,
pursuant to such procedures, select up to ten individuals, one of whom
shall be designated Chairman, to serve on the Advisory Committee.
Selection of individuals for the Advisory Committee shall be based
solely on established records of distinguished service, and the
Director shall ensure that a reasonable cross-section of views and
expertise is represented. In selecting individuals to serve on the
Advisory Committee, the Director shall seek and give due consideration
to recommendations from the National Academy of Sciences, professional
societies, and other appropriate organizations.
(c) Meetings.--The Advisory Committee shall meet at such times and
places as may be designated by the Chairman in consultation with the
Director.
(d) Duties.--The Advisory Committee shall advise the Director on
matters relating to the United States Geological Survey's participation
in the National Earthquake Hazards Reduction Program, including the
United States Geological Survey's roles, goals, and objectives within
that Program, its capabilities and research needs, guidance on
achieving major objectives, and establishing and measuring performance
goals. The Advisory Committee shall issue an annual report to the
Director for submission to Congress on or before September 30 of each
year. The report shall describe the Advisory Committee's activities and
address policy issues or matters that affect the United States
Geological Survey's participation in the National Earthquake Hazards
Reduction Program.
Passed the Senate October 18 (legislative day, September
22), 2000.
Attest:
Secretary.
106th CONGRESS
2d Session
S. 1639
_______________________________________________________________________
AN ACT
To authorize appropriations for carrying out the Earthquake Hazards
Reduction Act of 1977, for the National Weather Service and Related
Agencies, and for the United States Fire Administration for fiscal
years 2000, 2001, and 2002. | Authorizes additional appropriations for FY 2001 through 2003 for a USGS program to develop a prototype real-time seismic warning system.
(Sec. 3) Repeals provisions of the Act concerning: (1) non-Federal cost sharing for certain supplemental funds; (2) the authorization of appropriations in prior fiscal years for certain required adjustments in employee salaries and benefits; and (3) the availability of FY 1991-1993 funding.
(Sec. 4) Requires the USGS Director to establish and operate an Advanced National Seismic Research and Monitoring System to organize, modernize, and standardize U.S. national, regional, and urban seismic monitoring systems. Requires such Director to transmit to Congress a five-year management plan for establishing and operating the System. Authorizes appropriations for FY 2002 through 2006, and additional amounts for FY 2002 and 2003 for System operation.
(Sec. 5) Requires the NSF Director to establish the George E. Brown, Jr. Network for Earthquake Engineering Simulation that will upgrade, link, and integrate a system of geographically distributed experimental facilities for earthquake engineering testing of full-sized structures and partial-scale models. Authorizes appropriations for FY 2001 through 2004.
(Sec. 6) Directs FEMA to: (1) annually provide guidance to other agencies involved in the National Earthquake Hazards Reduction Program (Program) concerning the preparation of requests for appropriations for Program activities; and (2) prepare and submit to the Office of Management and Budget an annual Program budget. Requires each Program agency to specify Program activities in their annual request for appropriations.
(Sec. 7) Requires the FEMA Director to report to Congress describing Program elements that specifically address the needs of at-risk populations.
(Sec. 8) Requires FEMA's comprehensive earthquake education and public awareness program to include increasing public access to available locality-specific information to assist the public in preparing for or responding to earthquakes.
(Sec. 10) Requires the USGS Director to establish a Scientific Earthquake Studies Advisory Committee. | Earthquake Hazards Reduction Authorization Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stark Administrative Simplification
Act of 2017''.
SEC. 2. ALTERNATIVE SANCTIONS FOR TECHNICAL NONCOMPLIANCE WITH STARK
RULE UNDER MEDICARE.
Section 1877 of the Social Security Act (42 U.S.C. 1395nn) is
amended by adding at the end the following new subsection:
``(j) Self-disclosure Protocols.--
``(1) In general.--Beginning one year after the date of the
enactment of this subsection--
``(A) an entity or individual may voluntarily
disclose a compensation arrangement with actual or
potential inadvertent technical noncompliance with
subsection (a)(1) (as defined in paragraph (3)(H))
pursuant to either the self-referral disclosure
protocol (defined in paragraph (2)) or the alternative
protocol for technical noncompliance under paragraph
(3);
``(B) disclosures voluntarily withdrawn from the
alternative protocol for technical noncompliance may be
submitted to the self-referral disclosure protocol; and
``(C) an entity that, prior to the establishment of
the alternative protocol for technical noncompliance,
disclosed to the self-referral disclosure protocol a
compensation arrangement that was in inadvertent
technical noncompliance with subsection (a)(1), may
elect, not later than one year after such alternative
protocol is established, to withdraw such disclosure
from the self-referral disclosure protocol and instead
submit the disclosure to such alternative protocol.
``(2) Self-referral disclosure protocol.--The term `self-
referral disclosure protocol' or `SRDP' means the protocol
specified in section 6409 of Public Law 111-148.
``(3) Alternative protocol for inadvertant technical
noncompliance.--
``(A) In general.--The Secretary shall establish,
not later than one year after the date of the enactment
of this subsection, an alternative protocol for
technical noncompliance (in this subsection referred to
as the `APTN') to enable entities to disclose
arrangements that were previously in inadvertent
technical noncompliance with subsection (a)(1) and,
upon the Secretary's acceptance of the disclosure, make
payment of a civil monetary penalty. Payment of such
civil monetary penalty for an arrangement shall resolve
only overpayments due and owing as a result of such
arrangement's inadvertent technical noncompliance with
subsection (a)(1). The provisions of section 6409 of
Public Law 111-148 shall not apply to this subsection.
``(B) Disclosure requirements.--Arrangements
disclosed to the APTN must--
``(i) involve only inadvertent technical
noncompliance with subsection (a)(1) that was
ended by termination or expiration of the
arrangement, or by action of the parties to the
arrangement to resolve the technical
noncompliance, prior to the date of submission
of the disclosure to the APTN;
``(ii) be made in the form and manner
specified by the Secretary on the public
Internet website of the Centers for Medicare &
Medicaid Services and include descriptions of--
``(I) the compensation arrangement
that was in technical noncompliance
with subsection (a)(1);
``(II) how and when the technical
noncompliance with subsection (a)(1)
was ended or the arrangement was
otherwise terminated; and
``(III) how the remuneration paid
under the compensation arrangement
being disclosed was--
``(aa) consistent with the
fair market value of the items
and services that were provided
under the compensation
arrangement; and
``(bb) not determined in a
manner that directly or
indirectly takes into account
the volume or value of
referrals or other business
generated between the parties;
``(iii) include a form settlement agreement
provided by the Secretary signed by the entity;
and
``(iv) include a certification from the
entity that, to the best of the entity's
knowledge, the information provided is truthful
information and is based on a good faith effort
to bring the matter to the Secretary's
attention.
``(C) Acceptance or rejection of disclosure by the
secretary.--The following rules shall apply to the
acceptance or rejection of a disclosure under the APTN:
``(i) The Secretary shall accept or reject
a complete, accurate, and timely disclosure.
``(ii) Upon receipt of a disclosure, the
Secretary shall notify the disclosing party of
such receipt.
``(iii) The Secretary may request
additional information from the disclosing
party.
``(iv) Upon acceptance by the Secretary,
the Secretary shall notify the disclosing party
in writing of such acceptance.
``(v) The disclosure shall be rejected if--
``(I) the disclosing party fails to
furnish the additional information
requested by the Secretary in such form
and manner as the Secretary may
specify; or
``(II) in the Secretary's sole
determination, the noncompliance
disclosed did not meet the disclosure
requirements specified in subparagraph
(B).
``(vi) The disclosure shall be accepted
if--
``(I) the Secretary has issued a
written notice to the disclosing party
that the disclosure is determined to
satisfy the requirements for
disclosures under this section; or
``(II) the disclosure is complete,
accurate, and timely and satisfies each
of the requirements for disclosures
under this section, 180 calendar days
have passed since notification of
receipt by the Secretary of the
disclosure, and the Secretary has not
rejected the disclosure during that
period.
``(vii) In determining whether to accept a
disclosure, the Secretary may reasonably rely
on the information and certifications included
in the disclosure.
``(D) Rule for withdrawal of disclosure.--Prior to
acceptance or rejection of a disclosure by the
Secretary, an entity may voluntarily withdraw such
disclosure from the APTN.
``(E) Civil monetary penalties pursuant to the
alternative protocol for technical noncompliance.--
``(i) In general.--Subject to clause (ii),
for each arrangement disclosed under this
subsection and accepted under subparagraph (C),
the Secretary shall impose a single civil
monetary penalty of--
``(I) $5,000, in the case in which
disclosure of the inadvertant technical
noncompliance with subsection (a)(1)
was submitted to the Secretary not
later than the date that is one year
after the initial date of inadvertent
technical noncompliance with subsection
(a)(1); or
``(II) $10,000, in the case in
which the disclosure of the inadvertant
technically noncompliance with
subsection (a)(1) was submitted to the
Secretary--
``(aa) after the date that
is more than one year after the
initial date of the entity's
inadvertent technical
noncompliance with subsection
(a)(1); and
``(bb) not after the date
that is 3 years (or, in the
case of a disclosure submitted
after the 5th year for which
this subsection applies, the
date that is 2 years) from the
initial date of the entity's
inadvertent technical
noncompliance with subsection
(a)(1).
``(ii) Special rule for entities that
disclosed to the aptn after withdrawing a
disclosure from the srdp.--In the case of an
entity that elects under paragraph (1)(C) to
withdraw a disclosure from the self-referral
disclosure protocol (as defined in paragraph
(2)) and instead submit the disclosure to the
APTN under this subsection, in determining the
applicable civil monetary penalty under clause
(i), the date of disclosure to the self-
referral disclosure protocol shall be
substituted for the date of disclosure to the
APTN.
``(F) Relation to advisory opinions.--The APTN
shall be separate from the advisory opinion process set
forth in regulations implementing subsection (g) of
this section.
``(G) Publication on internet website of aptn
information.--Not later than one year after the date of
the enactment of this subsection, the Secretary shall
post information on the public Internet website of the
Centers for Medicare & Medicaid Services to inform
relevant stakeholders of how to disclose and make
payment of a civil monetary penalty for inadvertent
technical noncompliance with subsection (a)(1).
``(H) Definitions.--In this subsection:
``(i) Technical noncompliance.--The term
`technical noncompliance with subsection
(a)(1)' means, with respect to a compensation
arrangement, that--
``(I) the arrangement is not signed
by one or more parties to the
arrangement;
``(II) following the expiration of
the arrangement, the arrangement was a
holdover arrangement for a period
longer than permitted in regulations
issued by the Secretary; or
``(III) the contemporaneous written
documentation evidencing the terms of
the arrangement identifies the parties
to the arrangement and the items,
services, space, or equipment, as
applicable, but is not sufficient to
satisfy the writing requirement of an
applicable exception.
``(ii) Inadvertent.--The term `inadvertent'
means, with respect to a compensation
arrangement that is in technical noncompliance
with subsection (a)(1), that an entity that is
a party to the compensation arrangement did not
know or should not have known of the
noncompliance.
``(I) Administration.--Chapter 35 of title 44,
United States Code, shall not apply to this subsection.
``(J) Implementation.--Notwithstanding any other
provision of law, the Secretary may implement the
provisions of this paragraph by program instruction or
otherwise.''. | Stark Administrative Simplification Act of 2017 This bill establishes alternative protocols and sanctions for inadvertent technical noncompliance with the Stark Rule against self-referral under Medicare. "Technical noncompliance" means, with respect to a compensation arrangement, that: (1) the agreement is not signed by one or more parties to the arrangement, (2) the arrangement was a holdover arrangement for a period longer than is allowed by the Centers for Medicare & Medicaid Services, or (3) documentation of the arrangement contains specified identifying information but is otherwise insufficient to satisfy the writing requirement of an applicable exception. | Stark Administrative Simplification Act of 2017 |
SECTION 1. LIMITATION ON CERTAIN ALIENS CLAIMING EARNED INCOME TAX
CREDIT.
(a) In General.--Paragraph (1) of section 32(c) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
``(G) Prohibition on retroactive credit for certain
immigrants.--
``(i) In general.--In the case of any alien
described in clause (iii), no credit shall be
allowed under this section for the taxable year
in which such alien was granted deferred action
described in such clause or for any taxable
year prior to such year unless such alien--
``(I) was an eligible individual
for the taxable year, and
``(II) was authorized to engage in
employment in the United States for the
entire taxable year.
``(ii) Married individuals.--In the case of
an eligible individual who is married (within
the meaning of section 7703) to an alien
described in clause (iii), no credit shall be
allowed under this section for any taxable
year--
``(I) in which such alien was
married (within the meaning of section
7703) to the eligible individual, and
``(II) which includes or was prior
to the date on which such alien was
granted deferred action described in
such clause,
unless such alien was authorized to engage in
employment in the United States for the entire
taxable year.
``(iii) Alien described.--An alien is
described in this clause if such alien is
granted deferred action pursuant to the
memorandum from the Secretary of Homeland
Security entitled `Exercising Prosecutorial
Discretion with Respect to Individuals Who Came
to the United States as Children and with
Respect to Certain Individuals Who Are the
Parents of U.S. Citizens or Permanent
Residents' dated November 20, 2014 (or any
substantially similar policy changes issued or
taken on or after the date of the enactment of
this clause, whether set forth in memorandum,
Executive order, regulation, directive, or by
other action).''.
(b) Qualifying Children.--Subparagraph (D) of section 32(c)(3) of
the Internal Revenue Code of 1986 is amended by redesignating clause
(ii) as clause (iii) and by inserting after clause (i) the following
new clause:
``(ii) Prior years.--In the case of an
alien described in paragraph (1)(G)(iii), such
alien shall not be taken into account as a
qualifying child under subsection (b) for any
taxable year in which such alien was granted
deferred action described in such paragraph, or
for any taxable year prior to such year, unless
such alien was authorized to engage in
employment in the United States for the taxable
year.''.
(c) Information Sharing.--
(1) Commissioner of social security.--
(A) In general.--The Commissioner of Social
Security (referred to in this subsection as the
``Commissioner'') shall provide to the Secretary of
Treasury (or the Secretary's delegate) the information
described in subparagraph (B) with respect to any alien
who--
(i) is granted deferred action pursuant to
the memorandum from the Secretary of Homeland
Security entitled ``Exercising Prosecutorial
Discretion with Respect to Individuals Who Came
to the United States as Children and with
Respect to Certain Individuals Who Are the
Parents of U.S. Citizens or Permanent
Residents'' dated November 20, 2014 (or any
substantially similar policy changes issued or
taken on or after the date of the enactment of
this clause, whether set forth in memorandum,
Executive order, regulation, directive, or by
other action); and
(ii) has been assigned a social security
account number by the Commissioner.
(B) Information provided.--The information
described in this subparagraph is--
(i) the name and social security account
number of any individual described in
subparagraph (A);
(ii) the date such social security account
number was issued by the Commissioner; and
(iii) such other information as determined
by the Commissioner, in consultation with the
Secretary of the Treasury, to be necessary to
carry out the amendments made by subsections
(a) and (b).
(2) Secretary of homeland security.--The Secretary of
Homeland Security shall provide to the Commissioner of Social
Security such information as is necessary to assist the
Commissioner in carrying out the requirements of paragraph (1).
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2014. | This bill amends the Internal Revenue Code to deny the earned income tax credit to an alien who has been granted deferred action from removal in any taxable year in which such alien was not lawfully present in the United States or not authorized to work. The bill requires the Commissioner of Social Security to provide the Internal Revenue Service with information on social security account numbers granted to aliens under the deferred action from removal program. | A bill to amend the Internal Revenue Code of 1986 to provide a limitation on certain aliens from claiming the earned income tax credit. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Accountability through
Transparency Act of 2009''.
SEC. 2. MEDICAID INTERNET-BASED TRANSPARENCY PROGRAM.
(a) In General.--Title XIX of the Social Security Act, as amended
by section 203(d) of the Children's Health Insurance Program
Reauthorization Act of 2009 (Public Law 111-3), is amended by adding at
the end the following new section:
``SEC. 1943. INTERNET-BASED TRANSPARENCY PROGRAM.
``(a) In General.--Not later than one year after the date of the
enactment of this section, the Secretary shall implement a program
under which the Secretary shall make available through the public
Internet website of the Department of Health and Human Services non-
aggregated information on individuals collected under the Medicaid
Statistical Information System described in section 1903(r)(1)(F)
insofar as such information has been de-identified in accordance with
regulations promulgated pursuant to section 264(c) of the Health
Insurance Portability and Accountability Act of 1996. In implementing
such program, the Secretary shall ensure that--
``(1) the information made so available is in a format that
is easily accessible, useable, and understandable to the
public, including individuals interested in improving the
quality of care provided to individuals eligible for items and
services under this title, researchers, health care providers,
and individuals interested in reducing the prevalence of waste
and fraud under this title;
``(2) the information made so available is as current as
deemed practical by the Secretary and shall be updated at least
once per calendar quarter;
``(3) to the extent feasible--
``(A) all hospitals, nursing homes, clinics, and
large physician practices included in such information
that are identifiable by name to individuals who access
the information through such program; and
``(B) all individual health care providers not
described in subparagraph (A), including physicians and
dentists, are identifiable by unique identifier numbers
that are disclosed only to appropriate officials within
the Department of Health and Human Services and the
State involved; and
``(4) the Secretary periodically solicits comments from a
sampling of individuals who access the information through such
program on how to best improve the utility of the program.
``(b) Use of Contractor.--For purposes of implementing the program
under subsection (a) and ensuring the information made available
through such program is periodically updated, the Secretary may select
and enter into a contract with a public or private entity meeting such
criteria and qualifications as the Secretary determines appropriate.
``(c) Annual Reports.--Not later than 2 years after the date of the
enactment of this section and annually thereafter, the Secretary shall
submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Finance of the Senate a report on
the progress of the program under subsection (a), including on the
extent to which information made available through the program is
accessed and the extent to which comments received under subsection
(a)(4) were used during the year involved to improve the utility of the
program.
``(d) Incentives for Compliance With Existing State Requirements.--
If the Secretary determines that one of the 50 States or the District
of Columbia has not fully and properly complied with section
1903(r)(1)(F), including any encounter data requirements, for any
period beginning after the date that is one year after the date of the
enactment of this section, the Secretary shall reduce the amount paid
to the State or the District of Columbia, respectively, under section
1903(a) by $25,000 for each such day. Such reduction shall be made
unless--
``(1) the State or the District of Columbia, respectively,
demonstrates to the Secretary's satisfaction that the State
made a good faith effort to comply;
``(2) not later than 60 days after the date of a finding
that the State or the District of Columbia, respectively, has
not fully and properly complied with section 1903(r)(1)(F), the
State or the District of Columbia, respectively, submits to the
Secretary (and the Secretary approves) a corrective action plan
to implement such a program; and
``(3) not later than 12 months after the date of such
submission (and approval), the State or the District of
Columbia, respectively, fulfills the terms of such corrective
action plan.
The Secretary shall transfer the amount of any reduction under this
subsection to the fund established under subsection (e).
``(e) Funding.--
``(1) Medicaid internet-based transparency fund.--The
Secretary shall establish a fund to be known as the `Medicaid
Internet-based Transparency Fund', consisting of such amounts
as may be transferred to such Fund under subsection (d) and
such amounts as may be appropriated to such Fund under
paragraph (3).
``(2) Expenditures from fund.--Amounts in the Medicaid
Internet-based Transparency Fund shall be available to the
Secretary only for purposes of carrying out this section.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to the Medicaid Internet-based Transparency
Fund $10,000,000 for fiscal year 2009, to remain available
until expended.''.
(b) Feasibility Report on Including SCHIP Information in Internet-
Based Transparency Program.--Not later than 2 years after the date of
the enactment of this Act, the Secretary of Health and Human Services
shall submit to the Committee on Energy and Commerce of the House of
Representative and the Committee on Finance of the Senate a report on
the feasibility, potential costs, and potential benefits of making
publicly available through an Internet-based program de-identified
payment and patient encounter information for items and services
furnished under title XXI of the Social Security Act which would not
otherwise be included in the information collected under the Medicaid
Statistical Information System described in section 1903(r)(1)(F) of
such Act and made available under section 1943 of such Act, as added by
subsection (a). | Medicaid Accountability through Transparency Act of 2009 - Amends title XIX (Medicaid) of the Social Security Act, as amended by the Children's Health Insurance Program Reauthorization Act of 2009, to direct the Secretary of Health and Human Services to implement a program under which the Secretary shall make available through the public Internet website of the Department of Health and Human Services non-aggregated, de-identified information on individuals collected under the Medicaid Statistical Information System (MSIS).
Requires reduction of Medicaid payments to states which have not provided for electronic transmission of claims data in the format specified by the Secretary and consistent with the MSIS (including detailed individual enrollee encounter data and other information that the Secretary may find necessary).
Directs the Secretary to report to specified congressional committees on the feasibility, potential costs, and potential benefits of making publicly available through an Internet-based program de-identified payment and patient encounter information for items and services furnished under title XXI (Children's Health Insurance Program) (CHIP, formerly known as SCHIP) of the Social Security Act which would not otherwise be included in the information collected under the MSIS. | A bill to amend title XIX of the Social Security Act to require the Secretary of Health and Human Services to make certain de-identified information collected under the Medicaid Statistical Information System publicly available on the Internet. |
TITLE I--MODIFICATION OF PROVISIONS RELATING TO DRAWBACK CLAIMS
SEC. 101. MERCHANDISE NOT CONFORMING TO SAMPLE OR SPECIFICATIONS.
Section 313(c) of the Tariff Act of 1930 (19 U.S.C. 1313(c)), is
amended to read as follows:
``(c) Merchandise Not Conforming to Sample or Specifications.--
``(1) Conditions for drawback.--Upon the exportation or
destruction under the supervision of the Customs Service of
articles or merchandise--
``(A) upon which the duties have been paid,
``(B) which has been entered or withdrawn for
consumption,
``(C) which is--
``(i) not conforming to sample or
specifications, shipped without the consent of
the consignee, or determined to be defective as
of the time of importation, or
``(ii) ultimately sold at retail and for
any reason returned to and accepted by the
importer or the claimant under the provisions
of the importer's or claimant's merchandise
warranty provision, and
``(D) which, within 3 years after the date of
importation or withdrawal, as applicable, has been
exported or destroyed under the supervision of the
Customs Service,
the full amount of the duties paid upon such merchandise, less
1 percent, shall be refunded as drawback.
``(2) Designation of import entries.--Notwithstanding
paragraph (1), for purposes of paragraph (1)(C)(ii), drawback
may be claimed by designating any entry of merchandise that was
imported within 1 year before the date of exportation or
destruction of the merchandise described in paragraph (1) under
the supervision of the Customs Service. The returned
merchandise, at the time of its importation, must be
commercially interchangeable with the merchandise designated
for drawback.
``(3) When drawback certificates not required.--For
purposes of this subsection, drawback certificates are not
required if the drawback claimant and the importer are the same
party, or if the drawback claimant is a drawback successor to
the importer as defined in subsection (s)(3).''.
SEC. 102. TIME LIMITATION ON EXPORTATION OR DESTRUCTION.
Section 313(i) of the Tariff Act of 1930 (19 U.S.C. 1313(j)), is
amended--
(1) by striking ``No'' and inserting ``Unless otherwise
provided for in this section, no''; and
(2) by inserting ``, or destroyed under the supervision of
the Customs Service,'' after ``exported''.
SEC. 103. USE OF DOMESTIC MERCHANDISE ACQUIRED IN EXCHANGE FOR IMPORTED
MERCHANDISE OF SAME KIND AND QUALITY.
Section 313(k) of the Tariff Act of 1930 (19 U.S.C. 1313(k)), is
amended--
(1) by striking ``(k)'' and inserting ``(k)(1)''; and
(2) by adding at the end the following new paragraph:
``(2) For purposes of subsections (a) and (b), the use of
any domestic merchandise acquired in exchange for a drawback
product of the same kind and quality shall be treated as the
use of such drawback product if no certificate of delivery or
certificate of manufacture and delivery pertaining to such
drawback product is issued, other than that which documents the
product's manufacture and delivery. As used in this paragraph,
the term `drawback product' means any domestically produced
product manufactured with imported merchandise that is subject
to drawback.''
SEC. 104. PACKAGING MATERIAL.
Section 313(q) of the Tariff Act of 1930 (19 U.S.C. 1313(q)), is
amended to read as follows:
``(q) Packaging Material.--
``(1) Packaging material under subsections (c) and (j).--
Packaging material, whether imported and duty paid, and claimed
for drawback under either subsection (c) or (j)(1), or imported
and duty paid, or substituted, and claimed for drawback under
subsection (j)(2), shall be eligible for drawback, upon
exportation or destruction, of 99 percent of any duty, tax, or
fee imposed under Federal law on such imported material.
``(2) Packaging material under subsections (a) and (b).--
Packaging material that is manufactured or produced under
subsection (a) or (b) shall be eligible for drawback, upon
exportation or destruction, of 99 percent of any duty, tax, or
fee imposed under Federal law on the imported or substituted
merchandise used to manufacture or produce such material.
``(3) Contents.--Packaging material described in paragraphs
(1) and (2) shall be eligible for drawback whether or not they
contain articles or merchandise, and whether or not any
articles or merchandise they contain are eligible for drawback.
``(4) Employing packaging material for its intended purpose
prior to exportation.--The use of any packaging material for
its intended purpose prior to exportation or destruction shall
not be treated as a use of such material prior to exportation
or destruction for purposes of applying subsection (a), (b), or
(c), or paragraph (1)(B) or (2)(C)(i) or subsection (j).''.
SEC. 105. LIMITATION ON LIQUIDATION.
Section 504 of the Tariff Act of 1930 (19 U.S.C. 1504) is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) Liquidation.--
``(1) Entries for consumption.--Unless an entry of
merchandise for consumption is extended by statute or court
order, except as provided in section 751(a)(3), an entry of
merchandise for consumption not liquidated within 1 year from--
``(A) the date of entry of such merchandise,
``(B) the date of the final withdrawal of all such
merchandise covered by a warehouse entry,
``(C) the date of withdrawal from warehouse of such
merchandise for consumption if, pursuant to regulations
issued under section 505(a), duties may be deposited
after the filing of any entry or withdrawal from
warehouse, or
``(D) if a reconciliation is filed, or should have
been filed, the date of the filing under section 484 or
the date the reconciliation should have been filed,
shall be deemed liquidated at the rate of duty, value,
quantity, and amount of duties asserted at the time of entry by
the importer of record. Notwithstanding section 500(e), notice
of liquidation need not be given of an entry deemed liquidated.
``(2) Entries or claims for drawback.--
``(A) In general.--Except as provided in
subparagraph (B), unless an entry or claim for drawback
is extended under subsection (b) or suspended as
required by statute or court order, an entry or claim
for drawback not liquidated within 1 year from the date
of entry or claim shall be deemed liquidated at the
drawback amount asserted by the claimant at the time of
entry or claim. Notwithstanding section 500(c), notice
of liquidation need not be given of an entry deemed
liquidated.
``(B) Exception.--An entry or claim for drawback
filed before the date of the enactment of this
paragraph, the liquidation of which is not final as of
the date of the enactment of this paragraph, shall be
deemed liquidated on the date that is 1 year after the
date of the enactment of this paragraph at the drawback
amount asserted by the claimant at the time of the
entry or claim.
``(3) Payments or refunds.--Payment or refund of duties
owed pursuant to paragraph (1) or (2) shall be made to the
importer of record or drawback claimant, as the case may be,
not later than 90 days after liquidation.
``(b) Extension.--The Secretary may extend the period in which to
liquidate an entry if--
``(1) the information needed for the proper appraisement or
classification of the imported or withdrawn merchandise, or for
determining the correct drawback amount, or for ensuring
compliance with applicable law, is not available to the Customs
Service; or
``(2) the importer of record or drawback claimant, as the
case may be, requests such extension and shows good cause
therefor.
The Secretary shall give notice of an extension under this subsection
to the importer of record or drawback claimant, as the case may be, and
the surety of such importer of record or drawback claimant. Notice
shall be in such form and manner (which may include electronic
transmittal) as the Secretary shall by regulation prescribe. Any entry
the liquidation of which is extended under this subsection shall be
treated as having been liquidated at the rate of duty, value, quantity,
and amount of duty asserted at the time of entry by the importer of
record, or the drawback amount asserted at the time of entry by the
drawback claimant, at the expiration of 4 years from the applicable
date specified in subsection (a).'';
(2) in subsection (c)--
(A) by inserting ``or drawback claimant, as the
case may be,'' after ``to the importer of record''; and
(B) by inserting ``or drawback claimant'' after
``of such importer of record''; and
(3) in subsection (d), by striking the period at the end
and inserting ``or (in the case of a drawback entry or claim)
at the drawback amount asserted at the time of entry by the
drawback claimant.''.
SEC. 106. PENALTIES FOR FALSE DRAWBACK CLAIMS.
Section 593A(h) of the Tariff Act of 1930 (19 U.S.C. 1593a(h)) is
amended by striking ``subsection (g)'' and inserting ``subsections (c)
and (g)''.
SEC. 107. EFFECTIVE DATE.
(a) Sections 101, 102, 103, 104, and 106.--The amendments made by
sections 101, 102, 103, 104, and 106 shall take effect on the date of
the enactment of this Act, and shall apply to--
(1) any drawback entry filed on and after such date of
enactment; and
(2) any drawback entry filed before such date of enactment if
the liquidation of the entry is not final on such date of
enactment.
(b) Section 105.--The amendments made by section 105 shall take
effect on the date of the enactment of this Act, and shall apply to--
(1) any entry of merchandise for consumption or entry or
claim for drawback filed on and after such date of enactment;
and
(2) any entry or claim for drawback filed before such date of
enactment if the liquidation of the entry or claim is not final
on such date of enactment.
TITLE II--LIQUIDATION OR RELIQUIDATION OF CERTAIN ENTRIES
SEC. 201. LIQUIDATION OR RELIQUIDATION OF CERTAIN ENTRIES.
(a) In General.--Notwithstanding section 514 of the Tariff Act of
1930 (19 U.S.C. 1514) or any other provision of law, and subject to
subsection (b), the United States Customs Service shall, not later than
180 days after the receipt of the request described in subsection (b),
liquidate or reliquidate each entry described in subsection (d) by
applying the column 1 general rate of duty of the Harmonized Tariff
Schedule of the United States to each entry that is liquidated or
reliquidated, regardless of whether the entry was made under the column
1 special rate of duty of such schedule.
(b) Requests.--Liquidation or reliquidation may be made under
subsection (a) with respect to an entry described in subsection (d)
only upon a request therefor is filed with the Customs Service.
(c) Payment of Amounts Due.--Any amounts due to the United States
pursuant to the liquidation or reliquidation of an entry under
subsection (a) shall be paid not later than 180 days after the date of
such liquidation or reliquidation.
(d) Affected Entries.--The entries referred to in subsection (a),
filed at the ports of Laredo, Texas (designated as port of entry 2304),
Hidalgo, Texas (designated as port of entry 2305), and Wilmington,
Delaware (designated as port of entry 1103), are as follows:
------------------------------------------------------------------------
Port of Entry Date of Entry
------------------------------------------------------------------------
95300618568 2305 02/22/95
95300618576 2305 02/22/95
95300619236 2305 02/27/95
95300619277 2305 02/27/95
95300619806 2305 03/02/95
95300619871 2305 03/02/95
95300620142 2305 03/07/95
95300620176 2305 03/03/95
95300620184 2305 03/03/95
95300620911 2305 03/07/95
95300635133 2305 04/07/95
95300635141 2305 04/07/95
95300635950 2305 04/12/95
95300635968 2305 04/12/95
95300636370 2305 04/14/95
95300636388 2305 04/14/95
95300640554 2305 05/09/95
95300640653 2305 05/10/95
95300656592 2304 11/05/95
95300657665 2304 11/29/95
95300657756 2304 12/02/95
95300658358 2304 12/16/95
95300658408 2304 12/17/95
95300658572 2304 12/19/95
95300658648 2304 12/22/95
95300658754 2304 12/22/95
95300658945 2304 12/27/95
95300659018 2304 12/28/95
95300659117 2304 12/29/95
95300659208 2304 01/02/96
95300659398 2304 01/05/96
95300659513 2304 01/08/96
95300659547 2304 01/09/96
95300659679 2304 01/11/96
95300659737 2304 01/14/96
95300659794 2304 01/13/96
95300659810 2304 01/14/96
95300659844 2304 01/15/96
95300659851 2304 01/15/96
95300659901 2304 01/16/96
95300659919 2304 01/16/96
95300659935 2304 01/17/96
95300660065 2304 01/18/96
95300660107 2304 01/19/96
95300660172 2304 01/22/96
95300660180 2304 01/22/96
95300660248 2304 01/22/96
95300660362 2304 01/23/96
95300660388 2304 01/24/96
95300660560 2304 01/25/96
95300660743 2304 01/27/96
95300660818 2304 01/29/96
95300660826 2304 01/29/96
95300704053 2305 05/16/95
95300704061 2305 05/16/95
95300704889 2305 05/22/95
95300704897 2305 05/22/95
95300705886 2305 05/31/95
95300705969 2305 05/30/95
95300706900 2305 06/09/95
95300706926 2305 06/09/95
95300752656 2305 02/02/96
95300752698 2305 02/04/96
95300752805 2305 02/05/96
95300752813 2305 02/05/96
95300752870 2305 02/06/96
95300752904 2305 02/06/96
95300753001 2305 02/07/96
95300753076 2305 02/09/96
R7410350736 1103 11/29/95
R7410350769 1103 11/29/95
R7410350801 1103 11/29/95
R7410350835 1103 11/29/95
T8500081575 2305 06/16/95
T8500081591 2305 06/16/95
T8500081716 2305 06/20/95
T8500081724 2305 06/20/95
T8500081815 2305 06/27/95
T8500081823 2305 06/28/95
T8500081922 2305 06/27/95
T8500081930 2305 06/27/95
T8500082052 2305 07/01/95
T8500082060 2305 07/01/95
T8500082326 2305 07/14/95
T8500082342 2305 07/14/95
T8500082458 2305 07/22/95
T8500082482 2305 07/22/95
T8500082508 2305 07/24/95
T8500082516 2305 07/24/95
T8500082581 2305 07/30/95
T8500082599 2305 07/30/95
T8500082656 2305 08/03/95
T8500082664 2305 08/03/95
T8500082748 2305 08/09/95
T8500082797 2305 08/10/95
T8500082839 2305 08/14/95
T8500082847 2305 08/14/95
T8500084462 2305 10/22/95
------------------------------------------------------------------------ | Amends the Tariff Act of 1930 to revise provisions requiring a refund of duties (drawback) on articles or merchandise which has been exported or destroyed under the supervision of the Customs Service within three years after importation or withdrawal, and which, among other things, is ultimately sold at retail and for any reason returned to and accepted by the importer or the claimant under the provisions of the importer's or claimant's merchandise warranty provision. Authorizes a drawback to be claimed by designating any entry of such merchandise that was imported within one year before its exportation or destruction. Prohibits the allowance of a drawback unless the completed article is exported or destroyed under the supervision of the Customs Service within five years after its importation.Sets forth drawback requirements with regard to: (1) use of domestic merchandise acquired in exchange for imported merchandise of same kind and quality; (2) packaging material; and (3) liquidation of entries.Sets forth penalties for false drawback claims.Provides for the liquidation or reliquidation of certain entries filed at the ports of Laredo, Texas, Hidalgo, Texas, and Wilmington, Delaware. | A bill to amend section 313 of the Tariff Act of 1930 to modify the provisions relating to drawback claims, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Health Options and
Insurance Competition Enhancement Act'' or the ``CHOICE Act''.
SEC. 2. PUBLIC HEALTH INSURANCE OPTION.
(a) In General.--Part C of title XXVII of the Public Health Service
Act (42 U.S.C. 300gg-91) is amended by adding at the end the following:
``SEC. 2795. PUBLIC HEALTH INSURANCE OPTION.
``(a) Establishment.--
``(1) In general.--For plan years beginning in 2019, the
Secretary shall establish, and provide for the offering through
the Exchanges, of a qualified health plan (in this Act referred
to as the `public health insurance option') that provides
value, choice, competition, and stability of affordable, high-
quality coverage throughout the United States in accordance
with this section.
``(2) Primary responsibility.--In designing the public
health insurance option, the primary responsibility of the
Secretary shall be to create an affordable health plan without
compromising quality or access to care.
``(b) Administrating the Public Health Insurance Option.--
``(1) Offered through exchanges.--
``(A) Exclusive to exchanges.--The public health
insurance option shall be made available through the
Exchanges.
``(B) Ensuring a level playing field.--Consistent
with this section, the public health insurance option
shall comply with requirements under title I of the
Patient Protection and Affordable Care Act, and the
amendments made by that title, that are applicable to
health plans offered through the Exchanges, including
requirements related to benefits, benefit levels,
provider networks, notices, consumer protections, and
cost-sharing.
``(C) Provision of benefit levels.--The public
health insurance option shall offer bronze, silver, and
gold plans.
``(2) Administrative contracting.--
``(A) Authorities.--The Secretary may enter into
contracts for the purpose of performing administrative
functions (including functions described in subsection
(a)(4) of section 1874A of the Social Security Act)
with respect to the public health insurance option in
the same manner as the Secretary may enter into
contracts under subsection (a)(1) of such section. The
Secretary shall have the same authority with respect to
the public health insurance option as the Secretary has
under such subsection (a)(1) and subsection (b) of
section 1874A of the Social Security Act with respect
to title XVIII of such Act.
``(B) Transfer of insurance risk.--Any contract
under this paragraph shall not involve the transfer of
insurance risk from the Secretary to the entity
entering into such contract with the Secretary.
``(3) Ombudsman.--
``(A) Establishment.--The Secretary shall establish
an office of the ombudsman for the public health
insurance option.
``(B) Duties.--Such ombudsman shall--
``(i) have duties with respect to the
public health insurance option similar to the
duties of the Medicare Beneficiary Ombudsman
under section 1808(c)(2) of the Social Security
Act; and
``(ii) work with States to ensure that
information and notice is provided that the
public health insurance option is one of the
health plans available through an Exchange.
``(4) State advisory council.--
``(A) Establishment.--A State may establish a
public or nonprofit entity to serve as the State
Advisory Council to provide recommendations to the
Secretary on the operations and policies of the public
health insurance option offered through the Exchange
operating in the State.
``(B) Recommendations.--A State Advisory Council
established under subparagraph (A) shall provide
recommendations on at least the following:
``(i) Policies and procedures to integrate
quality improvement and cost containment
mechanisms into the health care delivery
system.
``(ii) Mechanisms to facilitate public
awareness of the availability of the public
health insurance option.
``(iii) Alternative payment models and
value-based insurance design under the public
health insurance option that encourage quality
improvement and cost control.
``(C) Members.--The members of any State Advisory
Council shall be representatives of the public and
include health care consumers and health care
providers.
``(D) Applicability of recommendations.--The
Secretary may apply the recommendations of a State
Advisory Council to the public health insurance option
in that State, in any other State, or in all States.
``(5) Data collection.--The Secretary shall collect such
data as may be required--
``(A) to establish rates for premiums and health
care provider reimbursement under subsection (c); and
``(B) for other purposes under this section,
including to improve quality, and reduce racial,
ethnic, and other disparities, in health and health
care.
``(c) Financing the Public Health Insurance Option.--
``(1) Premiums.--
``(A) Establishment.--The Secretary shall establish
geographically adjusted premium rates for the public
health insurance option--
``(i) in a manner that complies with the
requirement for premium rates under
subparagraph (C) and considers the data
collected under subsection (b)(4); and
``(ii) at a level sufficient to fully
finance--
``(I) the costs of health benefits
provided by the public health insurance
option; and
``(II) administrative costs related
to operating the public health
insurance option.
``(B) Contingency margin.--In establishing premium
rates under subparagraph (A), the Secretary shall
include an appropriate amount for a contingency margin.
``(C) Variations in premium rates.--The premium
rate charged for the public health insurance option may
not vary except as provided under section 2701.
``(2) Health care provider payment rates for items and
services.--
``(A) In general.--
``(i) Rates negotiated by the secretary.--
Not later than January 1, 2018, and except as
provided in clause (ii), the Secretary shall,
through a negotiated agreement with health care
providers, establish rates for reimbursing
health care providers for providing the
benefits covered by the public health insurance
option.
``(ii) Medicare reimbursement rates.--If
the Secretary and health care providers are
unable to reach a negotiated agreement on a
reimbursement rate, the Secretary shall
reimburse providers at rates determined for
equivalent items and services under the
original medicare fee-for-service program under
parts A and B of title XVIII of the Social
Security Act.
``(iii) For new services.--The Secretary
shall modify reimbursement rates described in
clause (ii) in order to accommodate payments
for services, such as well-child visits, that
are not otherwise covered under the original
medicare fee-for-service program.
``(B) Prescription drugs.--Any payment rate under
this subsection for a prescription drug shall be at a
rate negotiated by the Secretary. If the Secretary is
unable to reach a negotiated agreement on such a
reimbursement rate, the Secretary shall use rates
determined for equivalent drugs paid for under the
original medicare fee-for-service program. The
Secretary shall modify such rates in order to
accommodate payments for drugs that are not otherwise
covered under the original medicare fee-for-service
program.
``(3) Account.--
``(A) Establishment.--There is established in the
Treasury of the United States an account for the
receipts and disbursements attributable to the
operation of the public health insurance option,
including the start-up funding under subparagraph (C)
and appropriations authorized under subparagraph (D).
``(B) Prohibition of state imposition of taxes.--
Section 1854(g) of the Social Security Act shall apply
to receipts and disbursements described in subparagraph
(A) in the same manner as such section applies to
payments or premiums described in such section.
``(C) Start-up funding.--
``(i) Authorization of funding.--There are
authorized to be appropriated such sums as may
be necessary to establish the public health
insurance option and cover 90 days of claims
reserves based on projected enrollment.
``(ii) Amortization of start-up funding.--
The Secretary shall provide for the repayment
of the startup funding provided under clause
(i) to the Treasury in an amortized manner over
the 10-year period beginning on January 1,
2019.
``(D) Additional authorization of appropriations.--
To carry out paragraph (2) of subsection (b), there are
authorized to be appropriated such sums as may be
necessary.
``(d) Health Care Provider Participation.--
``(1) Provider participation.--
``(A) In general.--The Secretary shall establish
conditions of participation for health care providers
under the public health insurance option.
``(B) Licensure or certification.--The Secretary
shall not allow a health care provider to participate
in the public health insurance option unless such
provider is appropriately licensed or certified under
State law.
``(2) Establishment of a provider network.--
``(A) Medicare and medicaid participating
providers.--A health care provider that is a
participating provider of services or supplier under
the Medicare program under title XVIII of the Social
Security Act or under a State Medicaid plan under title
XIX of such Act is a participating provider in the
public health insurance option unless the health care
provider opts out of participating in the public health
insurance option through a process established by the
Secretary.
``(B) Additional providers.--The Secretary shall
establish a process to allow health care providers not
described in subparagraph (A) to become participating
providers in the public health insurance option.''.
(b) Conforming Amendments.--
(1) Treatment as a qualified health plan.--Section
1301(a)(2) of the Patient Protection and Affordable Care Act
(42 U.S.C. 18021(a)(2)) is amended--
(A) in the paragraph heading, by inserting ``, the
public health insurance option,'' before ``and''; and
(B) by inserting ``the public health insurance
option under section 2795 of the Public Health Service
Act,'' before ``and a multi-State plan''.
(2) Level playing field.--Section 1324(a) of the Patient
Protection and Affordable Care Act (42 U.S.C. 18044(a)) is
amended by inserting ``the public health insurance option under
section 2795 of the Public Health Service Act,'' before ``or a
multi-State qualified health plan''. | Consumer Health Options and Insurance Competition Enhancement Act or the CHOICE Act This bill amends the Public Health Service Act to require the Department of Health and Human Services (HHS) to offer, throughout the United States, a public health insurance option that provides value, choice, competition, and the stability of affordable, high-quality coverage. Plans under the public health insurance option must be qualified health plans and must include plans with bronze, silver, and gold tier benefits. (Qualified health plans are sold on health insurance exchanges, are the only plans eligible for premium subsidies, and fulfill an individual's requirement to maintain minimum essential coverage.) HHS must establish an office of the ombudsman for the public health insurance option. States may establish advisory councils to provide recommendations to HHS on the operations and policies of the public health insurance option. HHS must collect data to establish rates for premiums and health care provider reimbursement and for other purposes. Premium rates for public health insurance option plans must: (1) fully finance administrative costs and provided health benefits, and (2) include a contingency margin. HHS must negotiate rates for health care providers and prescription drugs under the public health insurance option. If HHS is unable to reach a negotiated agreement on rates, HHS must use Medicare rates. States may not tax federal receipts or disbursements attributable to the operation of the public health insurance option. HHS must establish conditions for participation by health care providers in the public health insurance option. A provider participating in Medicare or Medicaid is a participant in the public health insurance option unless the provider opts out. | Consumer Health Options and Insurance Competition Enhancement Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mercury Emissions Control Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) mercury pollution is a serious hazard to human health
and the environment in the United States;
(2) more than 45 percent of the industrial mercury
emissions of the United States come from coal-fired power
plants;
(3) of the mercury deposited in the United States, 60
percent comes from United States sources;
(4) human exposure to methylmercury, the most toxic form of
mercury, comes almost exclusively from consuming fish and
shellfish;
(5) mercury released into the atmosphere is deposited into
waterways, where the mercury collects in the tissue of fish as
methylmercury at concentrations of up to 10,000,000 times that
of the mercury concentration in the surrounding water;
(6) each year, approximately 630,000 children are born
having been exposed to dangerous levels of methylmercury in the
womb, placing the children at risk of neurological problems,
including poor performance on neurobehavioral tests, especially
on tests of--
(A) fine motor function;
(B) attention;
(C) language;
(D) visual-spatial abilities; and
(E) memory;
(7) exposure of humans and animals of all ages to
methylmercury adversely impacts the cardiovascular system,
blood pressure regulation, and heart-rate variability, and
contributes to heart disease;
(8) the monetary benefit of reducing those health outcomes
is estimated to be in the billions of dollars;
(9) reducing coal-fired power plant mercury emissions by 90
percent is--
(A) feasible by calendar year 2010 using current
methods, such as activated carbon injection technology
and fabric filters; and
(B) projected to result in annual financial
benefits of up to $5,200,000,000;
(10) the addition of a scrubber can reduce mercury
emissions by up to 98 percent from a bituminous coal-fired
power plant;
(11) activated carbon injection technology has been
successfully used to control mercury emissions from municipal
waste incinerators, leading to reductions from 45.2 tons in
1990 to 2.2 tons in 2000;
(12) the capital cost of activated carbon injection
equipment is minimal, at less than $3 per kilowatt;
(13) the final rules of the Environmental Protection Agency
entitled ``Revision of December 2000 Regulatory Finding on the
Emissions of Hazardous Air Pollutants From Electric Utility
Steam Generating Units and the Removal of Coal- and Oil-Fired
Electric Utility Steam Generating Units from the Section 112(c)
List'' (70 Fed. Reg. 15994 (March 29, 2005)) and ``Standards of
Performance for New and Existing Stationary Sources: Electric
Utility Steam Generating Units'' (70 Fed. Reg 28606) (May 18,
2005)) (commonly known as the ``Clean Air Mercury Rule''),
which were vacated by the United States Court of Appeals for
the District of Columbia Circuit, would have reduced mercury
emissions by only 50 percent by 2020;
(14) in enacting Public Law 101-549 (commonly known as the
``Clean Air Act Amendments of 1990'') (42 U.S.C. 7401 et seq.),
Congress included a list of 188 hazardous air pollutants,
including mercury, to be regulated under section 112 of the
Clean Air Act (42 U.S.C. 7412); and
(15) section 112 of that Act requires regulation of
hazardous air pollutants using maximum achievable control
technology.
(b) Purposes.--The purposes of this Act are--
(1) to require the Administrator of the Environmental
Protection Agency to promulgate regulations to control
hazardous air pollutant emissions from electric utility steam
generating units; and
(2) to ensure that those regulations accurately reflect the
availability of highly effective controls.
SEC. 3. EMISSIONS FROM ELECTRIC UTILITY STEAM GENERATING UNITS.
Section 112(n)(1) of the Clean Air Act (42 U.S.C. 7412(n)(1)) is
amended by adding at the end the following:
``(D) Regulations.--
``(i) Proposal.--Not later than 180 days
after the date of enactment of the Mercury
Emissions Control Act, but in no case later
than October 1, 2008, the Administrator shall
propose regulations under subsection (d) to
control the emission from new and existing
electric utility steam generating units of
hazardous air pollutants, including mercury
pollutants.
``(ii) Requirement.--The regulations
adopted from the proposed regulations under
clause (i) shall require a reduction in
emissions of mercury from new and existing
electric utility steam generating units of not
less than 90 percent.''. | Mercury Emissions Control Act - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to propose regulations to: (1) control the emission of hazardous air pollutants, including mercury pollutants, from electric utility steam generating units; and (2) require a reduction of not less than 90% in such mercury emissions. | A bill to amend the Clean Air Act to require the Administrator of the Environmental Protection Agency to promulgate regulations to control hazardous air pollutant emissions from electric utility steam generating units. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reservoir Operations Improvement
Act''.
SEC. 2. REVISION OF WATER MANUALS.
(a) In General.--Not later than 18 months after the date on which
the Secretary of the Army, acting through the Chief of Engineers,
identifies all eligible projects under section 3(c), the Secretary
shall revise the water manuals of not more than 15 such projects
(including not fewer than 6 projects that are not wholly owned and
operated by the Corps of Engineers, if a sufficient number of such
projects are identified) in accordance with this section.
(b) Data for Revisions.--A revision of a water manual under
subsection (a) shall incorporate--
(1) a forecast-informed reservoir operations plan, in
accordance with subsection (c);
(2) new watershed data; and
(3) as applicable, the effects of any structural
improvement completed after the date of the most recent
revision of the water manual.
(c) Forecast-Informed Reservoir Operations Plan.--The Secretary, in
collaboration with the Administrator of the National Oceanic and
Atmospheric Administration, shall create a forecast-informed reservoir
operations plan for each selected project and incorporate such a plan
into the applicable revision of a water manual under subsection (a). A
forecast-informed reservoir operations plan shall include each of the
following components:
(1) A consideration of the relationship between ocean and
atmospheric conditions, including the El Nino and La Nina
cycles, and the potential for above-normal, normal, or below-
normal rainfall for the coming water year, including a
consideration of atmospheric river forecasts.
(2) The precipitation and runoff index specific to the
basin and watershed in which the relevant project is located,
including information regarding the hydrological and
meteorological conditions, at each 10-digit hydrologic unit (as
defined by the U.S. Geological Survey) within such watershed,
that influence the timing and quantity of runoff.
(3) Updated hydrologic forecasting for precipitation,
snowpack, and soil moisture conditions.
(4) An adjustment of flood control rule curves to optimize,
as applicable, water supply storage and reliability, hydropower
production, environmental benefits related to flows and
temperature, or other authorized project benefits, without a
reduction in flood safety.
(5) Proactive management in response to changes in
forecasts.
(d) Consultation and Coordination Requirement.--In revising a water
manual under subsection (a), the Secretary shall--
(1) consult with affected entities, including--
(A) non-Federal interests responsible for the
operations and maintenance costs of the flood control
project for which the water manual is to be revised;
(B) water rights holders;
(C) individuals or entities with a right to any
portion of the water within the reservoir of such
project; and
(D) local agencies with flood control
responsibilities downstream of such project; and
(2) enter into a cooperative agreement, memorandum of
understanding, or other agreement with each non-Federal
interest for the project, describing the scope and goals of the
revision and the coordination among the parties.
(e) Report.--Not later than 180 days after the date on which the
Secretary completes a revision of a water manual under subsection (a),
the Secretary shall submit to Congress a report regarding the
components of the forecast-informed reservoir operations plan
incorporated into such revision.
(f) Funding.--The Secretary may accept and expend amounts from non-
Federal interests to fund all or a portion of the costs of carrying out
a revision of a water manual under this section.
SEC. 3. IDENTIFICATION OF ELIGIBLE PROJECTS.
(a) Report on Flood Control Projects.--Not later than 180 days
after the date of enactment of this Act, the Secretary shall submit to
the Committees on Appropriations and Environment and Public Works of
the Senate and the Committees on Appropriations and Transportation and
Infrastructure of the House of Representatives a report that includes,
with respect to any State that is a drought State during water year
2015 or 2016--
(1) a list of each flood control project located in such a
State;
(2) the year during which the original water manual for
each such project was approved;
(3) the year or years during which any revisions to the
water manual of any such project occurred or are requested to
occur;
(4) a list of each such project for which operational
deviations for drought contingency have been requested, and the
status of such request;
(5) a list of each such project for which permanent or
seasonal changes to storage allocations have been requested,
and the status of such request; and
(6) a description of the means by which water conservation
and water quality improvements were addressed in any response
to a request under paragraph (4) or (5).
(b) Incorporation of Prior Studies.--The Secretary shall
incorporate into the report under subsection (a) any information or
finding that is--
(1) included in or gathered for a report required by
section 1046(a)(2) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2319 note); and
(2) relevant to the subject matter of the report under
subsection (a) of this section.
(c) Eligible Projects.--Not later than 60 days after the date on
which the report under subsection (a) is submitted, the Secretary shall
identify each flood control project--
(1) that is included in the report under subsection (a);
(2) that includes a reservoir; and
(3) for which a non-Federal interest has submitted to the
Secretary a written request, pursuant to subsection (d), to
revise the water manual for the project.
(d) Written Request.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall publish in the Federal
Register the manner in which a non-Federal interest for a flood control
project may submit to the Secretary a written request under subsection
(c)(3) to revise the water manual for the project.
SEC. 4. EFFECTS.
(a) Authorized Purposes of Projects.--
(1) No effect on existing purposes.--In accordance with all
applicable laws, a revision of a water manual under section
2(a) may not reduce the water supply for any authorized
purpose, other than flood control, of a flood control project.
(2) New purposes not authorized.--Nothing in this Act
authorizes the Secretary to carry out, with respect to any
flood control project, any activity for a purpose not
authorized on the day before the date of enactment of this Act.
(b) State Law.--Nothing in this Act--
(1) affects or modifies any obligation of the Secretary
under State law; or
(2) authorizes the diversion or use of water in a manner
that is inconsistent with State water rights law.
(c) Federal Law.--Nothing in this Act preempts or waives any
provision of Federal law concerning the procedures that apply to a
revision of a water manual.
SEC. 5. DEFINITIONS.
In this Act:
(1) Drought state.--The term ``drought State'' means a
State--
(A) for which the Governor has declared a drought;
or
(B) that contains at least one county for which the
Secretary of Agriculture has designated a drought
disaster.
(2) Flood control project.--The term ``flood control
project'' means a project operated, wholly or in part, for
flood control, in accordance with rules prescribed by the
Secretary pursuant to section 7 of the Act of December 22, 1944
(commonly known as the ``Flood Control Act of 1944'') (33
U.S.C. 709).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Army, acting through the Chief of Engineers.
(4) Water manual.--The term ``water manual'' means, with
respect to a flood control project, the water operations
manual, the flood control rule curves, and the water control
manual, as applicable. | Reservoir Operations Improvement Act This bill directs the U.S. Army Corps of Engineers to submit a report with respect to each drought state (a state for which the governor has declared a drought or that contains at least one county for which the Department of Agriculture has designated a drought disaster) during water year 2015 or 2016 that includes: a list of flood control projects in such state; the year during which the original water manual (water operations manuals, flood control rule curves, and water control manuals) for each project was approved; the years during which any revisions to a project's water manual occurred or are requested to occur; a list of projects for which operational deviations for drought contingency, and changes to storage allocations, have been requested and the status of such requests; and a description of the means by which water conservation and water quality improvements were addressed in any response to such requests. The Corps of Engineers shall: (1) identify each project included in the report that includes a reservoir and for which a non-federal interest has submitted a written request to revise the project's water manual; (2) revise the water manuals of not more than 15 of such projects; and (3) in collaboration with the National Oceanic and Atmospheric Administration, create a forecast-informed reservoir operations plan for each selected project. The water manual revision shall incorporate such plan, new watershed data, and the effects of any structural improvement completed after the date of the most recent prior revision of the water manual. A revision of a water manual may not reduce the water supply for any authorized purpose, other than flood control, of a flood control project. | Reservoir Operations Improvement Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Invest in Small Business Act of
2008''.
SEC. 2. INCREASED EXCLUSION AND OTHER MODIFICATIONS APPLICABLE TO
QUALIFIED SMALL BUSINESS STOCK.
(a) Increased Exclusion.--
(1) In general.--Subsection (a) of section 1202 of the
Internal Revenue Code of 1986 (relating to exclusion) is
amended to read as follows:
``(a) Exclusion.--Gross income shall not include any gain from the
sale or exchange of qualified small business stock held for more than 3
years.''.
(2) Rule relating to stock held among members of controlled
group.--Subsection (c) of section 1202 of such Code is amended
by adding at the end the following new paragraph:
``(4) Stock held among members of 25-percent controlled
group not eligible.--
``(A) In general.--Stock of a member of a 25-
percent controlled group shall not be treated as
qualified small business stock while held by another
member of such group.
``(B) 25-percent controlled group.--For purposes of
subparagraph (A), the term `25-percent controlled
group' means any controlled group of corporations as
defined in section 1563(a)(1), except that--
``(i) `more than 25 percent' shall be
substituted for `at least 80 percent' each
place it appears in section 1563(a)(1), and
``(ii) section 1563(a)(4) shall not
apply.''.
(3) Conforming amendments.--
(A) Subsections (b)(2), (g)(2)(A), and (j)(1)(A) of
section 1202 of such Code are each amended by striking
``5 years'' and inserting ``3 years''.
(B) Section 1223(13) of such Code is amended by
striking ``1202(a)(2)''.
(C) The heading for section 1202 of such Code is
amended by striking ``partial''.
(D) The item relating to section 1202 in the table
of sections for part I of subchapter P of chapter 1 of
such Code is amended to read as follows:
``Sec. 1202. Exclusion for gain from certain small business stock.''.
(b) Repeal of Minimum Tax Preference.--
(1) In general.--Subsection (a) of section 57 of the
Internal Revenue Code of 1986 (relating to items of tax
preference) is amended by striking paragraph (7).
(2) Technical amendment.--Subclause (II) of section
53(d)(1)(B)(ii) of such Code is amended by striking ``, (5),
and (7)'' and inserting ``and (5)''.
(c) Repeal of 28 Percent Capital Gains Rate on Qualified Small
Business Stock.--
(1) In general.--Subparagraph (A) of section 1(h)(4) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(A) collectibles gain, over''.
(2) Conforming amendments.--
(A) Section 1(h) of such Code is amended by
striking paragraph (7).
(B)(i) Section 1(h) of such Code is amended by
redesignating paragraphs (8), (9), (10), (11), (12),
and (13) as paragraphs (7), (8), (9), (10), (11), and
(12), respectively.
(ii) Sections 163(d)(4)(B), 854(b)(5), 857(c)(2)(D)
of such Code are each amended by striking ``section
1(h)(11)(B)'' and inserting ``section 1(h)(10)(B)''.
(iii) The following sections of such Code are each
amended by striking ``section 1(h)(11)'' and inserting
``section 1(h)(10)'':
(I) Section 301(f)(4).
(II) Section 306(a)(1)(D).
(III) Section 584(c).
(IV) Section702(a)(5).
(V) Section 854(a).
(VI) Section 854(b)(2).
(iv) The heading of section 857(c)(2) is amended by
striking ``1(h)(11)'' and inserting ``1(h)(10)''.
(d) Increase Aggregate Asset Limitation for Qualified Small
Businesses.--
(1) In general.--Paragraph (1) of section 1202(d) of the
Internal Revenue Code of 1986 (relating to qualified small
business) is amended by striking ``$50,000,000'' each place it
appears and inserting ``$100,000,000''.
(2) Inflation adjustment.--Section 1202(d) of such Code is
amended by adding at the end the following new paragraph:
``(4) Inflation adjustment.--
``(A) In general.--In the case of any taxable year
beginning in a calendar year after 2009, each of the
$100,000,000 dollar amounts in paragraph (1) shall be
increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2008'
for `calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $1,000, such
amount shall be rounded to the next lowest multiple of
$100.''.
(e) Effective Date.--
(1) In general.--The amendments made by this section apply
to stock issued after December 31, 2008.
(2) Special rule for stock issued before january 1, 2009.--
The amendments made by subsections (a), (b), and (c) shall
apply to sales or exchanges--
(A) made after December 31, 2008,
(B) of stock issued on or before such date, and
(C) by a taxpayer other than a corporation. | Invest in Small Business Act of 2008 - Amends the Internal Revenue Code to: (1) increase the exclusion from gross income of the gain from the sale or exchange of qualified small business stock from 50 to 100% of such gain and reduce the holding period for such stock from five to three years; (2) disqualify stock held by members of a 25% controlled group of corporations for such tax exclusion; (3) repeal gain from the sale or exchange of qualified small business stock as an item of tax preference for purposes of the alternative minimum tax; (4) repeal the maximum 28% tax rate on gain from the sale or exchange of qualified small business stock; and (5) increase to $100 million (adjusted for inflation after 2009) the aggregate asset limitation for determining eligibility of the stock of corporations for qualified small business stock tax treatment. | To amend the Internal Revenue Code of 1986 to modify the partial exclusion for gain from certain small business stocks. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Universal Home Design Act of 2014''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Accessible.--The term ``accessible'' (except when used
in the context of accessible format) means--
(A) consistent with--
(i) subpart D of part 36 of title 28, Code
of Federal Regulations (or any corresponding
similar regulation or ruling); and
(ii) appendices B and D to part 1191 of
title 36, Code of Federal Regulations (or any
corresponding similar regulation or ruling);
and
(B) independently usable by individuals with
disabilities, including those who use a mobility device
such as a wheelchair.
(2) Access board.--The term ``Access Board'' means the
Architectural and Transportation Barriers Compliance Board
established under section 502 of the Rehabilitation Act of 1973
(29 U.S.C. 792).
(3) Covered dwelling unit.--The term ``covered dwelling
unit'' means a dwelling unit that--
(A) is a detached single family house, a townhouse
or multi-level dwelling unit (whether detached or
attached to other units or structures), or a ground-
floor unit in a building of not more than 3 dwelling
units;
(B) is designed as, or intended for occupancy as, a
residence;
(C)(i) was designed, constructed, or commissioned,
contracted, or otherwise arranged for construction, by
a person or entity who, at any time before the design
or construction, received or was guaranteed Federal
financial assistance for any program or activity;
(ii) is purchased by a person or entity using
amounts that are provided or guaranteed under a program
that provides Federal financial assistance for
homeownership; or
(iii) is offered for purchase by a person or entity
using amounts that are provided or guaranteed under a
program that provides Federal financial assistance for
homeownership; and
(D) is made available for first occupancy after the
expiration of the 30-month period beginning on the date
of the enactment of this Act.
(4) Department.--The term ``Department'' means the
Department of Housing and Urban Development.
(5) Federal financial assistance.--The term ``Federal
financial assistance'' means--
(A) any assistance that is provided or otherwise
made available by the Federal National Mortgage
Association, the Federal Home Loan Mortgage
Corporation, any Federal Home Loan Bank, the Secretary
of Housing and Urban Development, the Secretary of
Veterans Affairs, or any program or activity of the
Department of Housing and Urban Development or the
Department of Veterans Affairs, through any grant,
loan, insurance, guarantee, contract, or any other
arrangement, after the expiration of the 1-year period
beginning on the date of the enactment of this Act,
including--
(i) a grant, subsidy, or any other funds;
(ii) real or personal property or any
interest in or use of such property,
including--
(I) transfers or leases of the
property for less than the fair market
value or for reduced consideration; and
(II) proceeds from a subsequent
transfer or lease of the property if
the Federal share of the fair market
value is not returned to the Federal
Government;
(iii) any tax credit, mortgage or loan
guarantee, or insurance; and
(iv) community development funds in the
form of obligations guaranteed under section
108 of the Housing and Community Development
Act of 1974 (42 U.S.C. 5308); and
(B) any assistance that is provided or otherwise
made available by the Secretary of Agriculture under
title V of the Housing Act of 1949 (42 U.S.C. 1471 et
seq.).
(6) Individual with a disability.--The term ``individual
with a disability'' means an individual with a disability, as
defined in section 3 of the Americans with Disabilities Act of
1990 (42 U.S.C. 12102).
(7) Individuals with disabilities.--The term ``individuals
with disabilities'' means more than 1 individual with a
disability.
(8) Person or entity.--The term ``person or entity''
includes 1 or more individuals, corporations (including not-
for-profit corporations), partnerships, associations, labor
organizations, legal representatives, mutual corporations,
joint-stock companies, trusts, unincorporated associations,
trustees, trustees in cases under title 11 of the United States
Code, receivers, and fiduciaries.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(10) Universal home design.--The term ``universal home
design'' means the inclusion of architectural and other
landscaping features that allow basic access to and within a
residential dwelling by an individual with a disability who
cannot climb stairs, including an individual who uses a
mobility device such as a wheelchair.
SEC. 3. ESTABLISHMENT OF UNIVERSAL HOME DESIGN GUIDELINES.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Access Board, in consultation with the
Secretary, shall develop and issue guidelines setting forth the minimum
technical criteria and scoping requirements for a covered dwelling unit
to be in compliance with universal home design under this Act.
(b) Universal Home Design Features Covered.--The guidelines
required to be developed and issued under subsection (a) shall include,
at a minimum, basic access to a covered dwelling unit and to not less
than 1 level within such covered dwelling unit, including--
(1) an accessible entrance located on an accessible path
from the public street or driveway;
(2) accessible interior doors with sufficient clear width
and accessible thresholds;
(3) accessible environmental controls on the wall;
(4) at least 1 accessible indoor room that has an area of
not less than 70 square feet and contains no side or dimension
narrower than 7 feet;
(5) an accessible bathroom with--
(A) an accessible sink and toilet; and
(B) reinforced walls that permit the installation
of grab bars; and
(6) a kitchen space--
(A) with accessible food preparation, washing, and
storage areas; and
(B) that can easily be further adapted to
accommodate an individual with a disability.
(c) Regulations.--Not later than 6 months after the date on which
the guidelines are issued under subsection (a), the Secretary shall
issue regulations, in an accessible format--
(1) to carry out the provisions of this Act; and
(2) that include accessibility standards that are
consistent with the guidelines issued under subsection (a).
(d) Review and Amendment.--
(1) Access board.--The Access Board, in consultation with
the Secretary, shall--
(A) periodically review and, as appropriate, amend
the guidelines issued under subsection (a); and
(B) issue such amended guidelines as revised
guidelines.
(2) Secretary.--Not later than 6 months after the date on
which revised guidelines are issued under paragraph (1)(B), the
Secretary shall issue revised regulations that are consistent
with such revised guidelines.
SEC. 4. USE OF UNIVERSAL HOME DESIGN GUIDELINES IN NEW CONSTRUCTION.
It shall be unlawful for any person described in clauses (i), (ii),
and (iii) of section 2(3)(C), with respect to a covered dwelling unit,
to fail to ensure that the covered dwelling unit complies with the
universal home design guidelines established under section 3.
SEC. 5. ENFORCEMENT.
(a) Requirement for Federal Financial Assistance.--Each applicant
for Federal financial assistance that is to be used for a covered
dwelling unit shall submit to the agency providing such Federal
financial assistance an assurance, at such time and in such manner as
the head of the agency may require, verifying that the applicant is in
compliance with the universal home design guidelines established under
section 3 with respect to the covered dwelling unit.
(b) Civil Action for Private Persons.--Any person aggrieved by an
act or omission that is unlawful under section 3 or 4 may commence a
civil action in an appropriate United States district court against any
person or entity responsible for any part of the design, construction,
or sale of a covered dwelling unit.
(c) Enforcement by Attorney General.--Whenever the Attorney General
has reasonable cause to believe that any person or group of persons has
violated section 3 or 4, the Attorney General may commence a civil
action in any appropriate United States district court. The Attorney
General may also, upon timely application, intervene in any civil
action brought under subsection (b) by a private person if the Attorney
General certifies that the case is of general public importance.
(d) Relief.--In any civil action brought under subsection (b) or
(c), if the court finds that a violation of section 3 or 4 of this Act
has occurred or is about to occur, it may award to the plaintiff actual
and punitive damages, and may grant as relief, as the court finds
appropriate, any permanent or temporary injunction, temporary
restraining order, or other order (including an order enjoining the
defendant from violating section 3 or 4 of this Act or ordering such
affirmative action as may be appropriate).
(e) Attorney's Fees.--In any civil action brought under subsection
(b) or (c), the court, in its discretion, may allow the prevailing
party, other than the United States, a reasonable attorney's fee and
costs.
(f) Violations.--For purposes of this section, a violation
involving a covered dwelling unit that is not designed or constructed
in conformity with the universal home design guidelines established
under section 3 shall not be considered to terminate until the
violation is corrected.
SEC. 6. OFFICE OF ACCESSIBLE HOUSING AND DEVELOPMENT.
(a) Establishment.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall establish in the Department
an Office of Accessible Housing and Development.
(b) Director.--The Office of Accessible Housing and Development
shall be headed by a Director of Accessible Housing and Development,
who shall be--
(1) appointed by the Secretary;
(2) an individual with substantial knowledge of individuals
with disabilities and universal design; and
(3) responsible for implementing the responsibilities
described in subsection (c).
(c) Responsibilities.--
(1) Information dissemination.--The Office of Accessible
Housing and Development shall disseminate information to inform
the public about the importance of universal home design by--
(A) sharing information and resources about the
requirements under this Act, the Fair Housing Act (42
U.S.C. 3601 et seq.), section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794), and the Americans with
Disabilities Act (42 U.S.C. 12101 et seq.); and
(B) creating a website in accordance with section
508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d)
to facilitate the dissemination of information and
resources under subparagraph (A).
(2) Surveying the availability of affordable and accessible
housing.--Not later than 180 days after the date of enactment
of this Act, the Office of Accessible Housing and Development
shall conduct a study and submit to the Secretary a report on
the number of covered dwelling units and other housing units
that are accessible to individuals with disabilities in each
State, disaggregated by type of housing, cost, and location.
(3) Promoting universal home design.--The Office of
Accessible Housing and Development shall--
(A) help monitor progress and compliance with the
universal home design guidelines established under
section 3;
(B) submit to the Secretary an annual report
detailing compliance with the universal home design
guidelines established under section 3, including the
number of covered dwelling units that were built in
each State that were in compliance with such
guidelines;
(C) coordinate with, and provide technical
assistance to, the Department of Justice to assist in
the enforcement of this Act; and
(D) perform any other duties as the Secretary may
determine appropriate.
SEC. 7. SEVERABILITY.
If any provision of this Act of the application thereof to any
person or circumstances is held invalid, the remainder of the Act and
the application of the provision to other persons not similarly
situated shall not be affected thereby. | Universal Home Design Act of 2014 - Requires the Architectural and Transportation Barriers Compliance Board (Access Board) to develop guidelines setting forth the minimum technical criteria and scoping requirements for certain federally assisted single family houses, townhouses, and other specified kinds of dwelling to comply with universal home design. Requires universal home design to include architectural and other landscaping features that allow basic access to and within a residential dwelling by an individual with a disability who cannot climb stairs, including an individual who uses a mobility device such as a wheelchair. Requires each applicant for such federal financial assistance to submit compliance assurances to the relevant federal agency. Permits: (1) private civil actions in a U.S. district court for violations of this Act, and (2) the Attorney General to commence civil actions or intervene in civil actions under it. Directs the Secretary of Housing and Urban Development (HUD) to establish an Office of Accessible Housing and Development to: (1) disseminate information to the public about the importance of universal home design, including through a website; (2) survey and report to the Secretary on the availability of affordable and accessible housing; and (3) promote universal home design. | Universal Home Design Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Rights Protection Act of
2017''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means, as
applicable--
(A) the Secretary of Agriculture; or
(B) the Secretary of the Interior.
(2) Water right.--The term ``water right'' means any
surface water, groundwater, or water storage right filed,
permitted, certificated, confirmed, decreed, adjudicated, or
otherwise recognized by a judicial proceeding or by the State,
in which the user acquires the right to put the water to
beneficial use, including water rights for federally recognized
Indian tribes.
SEC. 3. TREATMENT OF WATER RIGHTS.
The Secretary shall not--
(1) condition the issuance, renewal, amendment, or
extension of any permit, approval, license, lease, allotment,
easement, right-of-way, or other land use or occupancy
agreement on the transfer of any water right (including joint
and sole ownership) directly to the United States, or on any
impairment of title, in whole or in part, granted or otherwise
recognized under State law, by Federal or State adjudication,
decree, or other judgment, or pursuant to any interstate water
compact;
(2) require any water user (including any federally
recognized Indian tribe) to apply for or acquire a water right
in the name of the United States under State law as a condition
of the issuance, renewal, amendment, or extension of any
permit, approval, license, lease, allotment, easement, right-
of-way, or other land use or occupancy agreement; or
(3) condition or withhold the issuance, renewal, amendment,
or extension of any permit, approval, license, lease,
allotment, easement, right-of-way, or other land use or
occupancy agreement, in whole or in part, on--
(A) limiting the date, time, quantity, location of
diversion or pumping, or place of use of a State water
right beyond any applicable limitations under State
water law; or
(B) the modification of the terms and conditions of
groundwater withdrawal, guidance and reporting
procedures, or conservation and source protection
measures established by a State.
SEC. 4. POLICY DEVELOPMENT.
In developing any rule, policy, directive, management plan, or
similar Federal action relating to the issuance, renewal, amendment, or
extension of any permit, approval, license, lease, allotment, easement,
right-of-way, or other land use or occupancy agreement, the Secretary--
(1) shall--
(A) recognize the longstanding authority of the
States relating to evaluating, protecting, allocating,
regulating, permitting, and adjudicating water use; and
(B) coordinate with the States to ensure that any
rule, policy, directive, management plan, or similar
Federal action is consistent with, and imposes no
greater restriction or regulatory requirement, than
applicable State water law; and
(2) shall not--
(A) adversely affect--
(i) the authority of a State in--
(I) permitting the beneficial use
of water; or
(II) adjudicating water rights;
(ii) any definition established by a State
with respect to the term ``beneficial use'',
``priority of water rights'', or ``terms of
use''; or
(iii) any other right or obligation of a
State established under State law; or
(B) assert any connection between surface and
groundwater that is inconsistent with such a connection
recognized by State water laws.
SEC. 5. EFFECT.
(a) Existing Authority.--Except as provided in section 3, nothing
in this Act limits or expands any existing legally recognized authority
of the Secretary to issue, grant, or condition any permit, approval,
license, lease, allotment, easement, right-of-way, or other land use or
occupancy agreement on Federal land that is subject to the jurisdiction
of the Secretary.
(b) Reclamation Contracts.--Nothing in this Act in any way
interferes with any existing or future Bureau of Reclamation contract
entered into pursuant to Federal reclamation law (the Act of June 17,
1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and
amendatory of that Act).
(c) Endangered Species Act.--Nothing in this Act affects the
implementation of the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(d) Federal Reserved Water Rights.--Nothing in this Act limits or
expands any existing reserved water rights of the Federal Government on
land administered by the Secretary.
(e) Federal Power Act.--Nothing in this Act limits or expands
authorities pursuant to sections 4(e), 10(j), or 18 of the Federal
Power Act (16 U.S.C. 797(e), 803(j), 811).
(f) Indian Water Rights.--Nothing in this Act limits or expands any
existing reserved water right or treaty right of any federally
recognized Indian tribe.
(g) Federally Held State Water Rights.--Nothing in this Act limits
the ability of the Secretary, through applicable State procedures, to
acquire, use, enforce, or protect a State water right owned by the
United States. | Water Rights Protection Act of 2017 This bill prohibits the Departments of the Interior and Agriculture from: conditioning the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement (permit) on the transfer of any water right to the United States or on any impairment of title granted or otherwise recognized under state law by federal or state action; requiring any water user (including a federally recognized Indian tribe) to apply for or acquire a water right in the name of the United States under state law as a condition of the issuance, renewal, amendment, or extension of such a permit; or conditioning or withholding the issuance, renewal, amendment, or extension of such a permit on limiting the date, time, quantity, location of diversion or pumping, or place of use of a state water right beyond any limitations under state water law, or on the modification of the terms and conditions of groundwater withdrawal, guidance and reporting procedures, or conservation and source protection measures established by a state. In developing any rule or similar federal action relating to the issuance, renewal, amendment, or extension of any permit, such departments: (1) shall recognize the longstanding water use authority of the states and coordinate with the states to ensure that any federal action is consistent with applicable state water law, and (2) shall not adversely affect the authority of a state in permitting the beneficial use of water or adjudicating water rights. | Water Rights Protection Act of 2017 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Medicare+Choice
Program Improvement Act of 2000''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Increase in national per capita Medicare+Choice growth
percentage in 2001 and 2002.
Sec. 3. Increasing minimum payment amount.
Sec. 4. Allowing movement to 50:50 percent blend in 2002.
Sec. 5. Increased update for payment areas with only one or no
Medicare+Choice contracts.
Sec. 6. Permitting higher negotiated rates in certain Medicare+Choice
payment areas below national average.
Sec. 7. 10-year phase-in of risk adjustment based on data from all
settings.
Sec. 8. Delay from July to November 2000 in deadline for offering and
withdrawing Medicare+Choice plans for 2001.
SEC. 2. INCREASE IN NATIONAL PER CAPITA MEDICARE+CHOICE GROWTH
PERCENTAGE IN 2001 AND 2002.
Section 1853(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w-
23(c)(6)(B)) is amended--
(1) in clause (iii), by adding ``and'' at the end;
(2) by striking clauses (iv) and (v);
(3) by redesignating clause (vi) as clause (iv); and
(4) in clause (iv), as so redesignated, by striking ``after
2002'' and inserting ``after 2000''.
SEC. 3. INCREASING MINIMUM PAYMENT AMOUNT.
(a) In General.--Section 1853(c)(1)(B)(ii) of the Social Security
Act (42 U.S.C. 1395w-23(c)(1)(B)(ii)) is amended--
(1) by striking ``(ii) For a succeeding year'' and
inserting ``(ii)(I) Subject to subclause (II), for a succeeding
year''; and
(2) by adding at the end the following new subclause:
``(II) For 2002 for any of the 50 States
and the District of Columbia, $500.''.
(b) Effective Date.--The amendments made by subsection (a) apply to
years beginning with 2002.
SEC. 4. ALLOWING MOVEMENT TO 50:50 PERCENT BLEND IN 2002.
Section 1853(c)(2) of the Social Security Act (42 U.S.C. 1395w-
23(c)(2)) is amended--
(1) by striking the period at the end of subparagraph (F)
and inserting a semicolon; and
(2) by adding at the end the following flush matter:
``except that a Medicare+Choice organization may elect to apply
subparagraph (F) (rather than subparagraph (E)) for 2002.''.
SEC. 5. INCREASED UPDATE FOR PAYMENT AREAS WITH ONLY ONE OR NO
MEDICARE+CHOICE CONTRACTS.
(a) In General.--Section 1853(c)(1)(C)(ii) of the Social Security
Act (42 U.S.C. 1395w-23(c)(1)(C)(ii)) is amended--
(1) by striking ``(ii) For a subsequent year'' and
inserting ``(ii)(I) Subject to subclause (II), for a subsequent
year''; and
(2) by adding at the end the following new subclause:
``(II) During 2002, 2003, 2004, and 2005,
in the case of a Medicare+Choice payment area
in which there is no more than one contract
entered into under this part as of July 1
before the beginning of the year, 102.5 percent
of the annual Medicare+Choice capitation rate
under this paragraph for the area for the
previous year.''.
(b) Construction.--The amendments made by subsection (a) do not
affect the payment of a first time bonus under section 1853(i) of the
Social Security Act (42 U.S.C. 1395w-23(i)).
SEC. 6. PERMITTING HIGHER NEGOTIATED RATES IN CERTAIN MEDICARE+CHOICE
PAYMENT AREAS BELOW NATIONAL AVERAGE.
Section 1853(c)(1) of the Social Security Act (42 U.S.C. 1395w-
23(c)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``or (C)'' and inserting ``(C), or (D)''; and
(2) by adding at the end the following new subparagraph:
``(D) Permitting higher rates through
negotiation.--
``(i) In general.--For each year beginning
with 2001, in the case of a Medicare+Choice
payment area for which the Medicare+Choice
capitation rate under this paragraph would
otherwise be less than the United States per
capita cost (USPCC), as calculated by the
Secretary, a Medicare+Choice organization may
negotiate with the Secretary an annual per
capita rate that--
``(I) reflects an annual rate of
increase up to the rate of increase
specified in clause (ii);
``(II) takes into account audited
current data supplied by the
organization on its adjusted community
rate (as defined in section
1854(f)(3)); and
``(III) does not exceed the United
States per capita cost, as projected by
the Secretary for the year involved.
``(ii) Maximum rate described.--The rate of
increase specified in this clause for a year is
the rate of inflation in private health
insurance for the year involved, as projected
by the Secretary, and includes such adjustments
as may be necessary--
``(I) to reflect the demographic
characteristics in the population under
this title; and
``(II) to eliminate the costs of
prescription drugs.
``(iii) Adjustments for over or under
projections.--If this subparagraph is applied
to an organization and payment area for a year,
in applying this subparagraph for a subsequent
year the provisions of paragraph (6)(C) shall
apply in the same manner as such provisions
apply under this paragraph.
``(iv) Deadline for completion of
negotiations.--The Secretary shall complete
negotiations with a Medicare+Choice
organization under clause (i) for a year by not
later than 90 days after the date the
organization entered into negotiations with the
Secretary.''.
SEC. 7. 10-YEAR PHASE-IN OF RISK ADJUSTMENT BASED ON DATA FROM ALL
SETTINGS.
Section 1853(a)(3)(C)(ii) of the Social Security Act (42 U.S.C.
1395w-23(c)(1)(C)(ii)) is amended--
(1) by striking the period at the end of subclause (II) and
inserting a semicolon; and
(2) by adding at the end the following flush matter:
``and, beginning in 2004, insofar as such risk
adjustment is based on data from all settings,
the methodology shall be phased-in in equal
increments over a 10-year period, beginning
with 2004 or (if later) the first year in which
such data is used.''.
SEC. 8. DELAY FROM JULY TO NOVEMBER 2000 IN DEADLINE FOR OFFERING AND
WITHDRAWING MEDICARE+CHOICE PLANS FOR 2001.
Notwithstanding any other provision of law, the deadline for a
Medicare+Choice organization to withdraw the offering of a
Medicare+Choice plan under part C of title XVIII of the Social Security
Act (or otherwise to submit information required for the offering of
such a plan) for 2001 is delayed from July 1, 2000, to November 1,
2000, and any such organization that provided notice of withdrawal of
such a plan during 2000 before the date of enactment of this Act may
rescind such withdrawal at any time before November 1, 2000. | Delays from July to November 2000 the deadline for withdrawing the offer, or rescinding the withdrawal, of Medicare+Choice plans for 2001. | Medicare+Choice Program Improvement Act of 2000 |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Estate Tax Reform
Act of 2001''.
(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. INCREASE IN AMOUNT OF UNIFIED CREDIT AGAINST ESTATE AND GIFT
TAXES.
(a) In General.--Subsection (c) of section 2010 (relating to
unified credit against estate tax) is amended to read as follows:
``(c) Applicable Credit Amount.--For purposes of this section--
``(1) In general.--The applicable credit amount is the
amount of the tentative tax which would be determined under the
rate schedule set forth in section 2001(c) if the amount with
respect to which such tentative tax is to be computed were the
applicable exclusion amount.
``(2) Applicable exclusion amount.--The applicable
exclusion amount is equal to the sum of--
``(A) the decedent's exclusion amount, plus
``(B) in the case of a decedent described in
paragraph (4), the unused spousal exclusion amount.
``(3) Decedent's exclusion amount.--For purposes of
paragraph (2)(A), the decedent's exclusion amount is determined
in accordance with the following table:
``In the case of estates of decedents
The decedent's
dying, and gifts made, during:
exclusion amount is:
2002............................... $1,000,000
2003............................... $1,125,000
2004............................... $1,250,000
2005............................... $1,500,000
2006 or thereafter................. $2,000,000.
``(4) Unused spousal exclusion amount.--With respect to a
decedent whose immediately predeceased spouse died after
December 31, 2001, the unused spousal exclusion amount for such
decedent is equal to the excess of--
``(A) the applicable exclusion amount allowable
under this subsection to the estate of such immediately
predeceased spouse, over
``(B) the applicable exclusion amount allowed under
this section to the estate of such immediately
predeceased spouse.''
(b) Effective Date.--The amendment made by this section shall apply
to the estates of decedents dying, and gifts made, after December 31,
2001.
SEC. 3. INCREASE IN QUALIFIED FAMILY-OWNED BUSINESS INTEREST DEDUCTION
AMOUNT.
(a) In General.--Paragraph (2) of section 2057(a) (relating to
family-owned business interests) is amended to read as follows:
``(2) Maximum deduction.--
``(A) In general.--The deduction allowed by this
section shall not exceed the sum of--
``(i) the decedent's deduction amount, plus
``(ii) in the case of a decedent described
in subparagraph (C), the unused spousal
deduction amount.
``(B) Decedent's deduction amount.--For purposes of
this subparagraph (A)(i), the decedent's deduction
amount is determined in accordance with the following
table:
``In the case of estates of decedents
The decedent's
dying during:
deduction amount is:
2002............................... $875,000
2003............................... $1,375,000
2004............................... $1,875,000
2005............................... $2,375,000
2006 or thereafter................. $3,375,000.
``(C) Unused spousal deduction amount.--With
respect to a decedent whose immediately predeceased
spouse died after December 31, 2001, and the estate of
such immediately predeceased spouse met the
requirements of subsection (b)(1), the unused spousal
deduction amount for such decedent is equal to the
excess of--
``(i) the decedent's deduction amount
allowable under this section to the estate of
such immediately predeceased spouse, over
``(ii) the decedent's deduction amount
allowed under this section to the estate of
such immediately predeceased spouse.''
(b) Conforming Amendments.--Section 2057(a)(3)(B) is amended--
(1) by striking ``$675,000'' both places it appears and
inserting ``the decedent's deduction amount'', and
(2) by striking ``$675,000'' in the heading and inserting
``decedent's deduction amount''.
(c) Effective Date.--The amendment made by this section shall apply
to the estates of decedents dying, and gifts made, after December 31,
2001. | Estate Tax Reform Act of 2001 - Amends the Internal Revenue Code to: (1) provide for incremental increases in the unified credit against the estate and gift taxes (currently, $700,000 for 2002) going from $ 1million for 2002 to $ 2 million by 2006; and (2) increase incrementally the current maximum family-owned business deduction amount ($675,000) to new maximum amounts that will be equal to the sum of the decedent's deduction amount ($3.375 million by 2006) and the unused spousal deduction amount (defined). | A bill to amend the Internal Revenue Code of 1986 to increase the unified credit exemption and the qualified family-owned business interest deduction, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bureau of Reclamation Water
Conservation, Efficiency, and Management Improvement Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Non-federal entity.--The term ``non-Federal entity''
means a State, Indian tribe, irrigation district, water
district, or any other organization with water delivery
authority.
(2) Reclamation state.--The term ``Reclamation State''
means each of the States of Arizona, California, Colorado,
Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North
Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah,
Washington, and Wyoming.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
SEC. 3. AUTHORIZATION OF GRANTS AND COOPERATIVE AGREEMENTS.
(a) In General.--The Secretary may, in accordance with the criteria
published under subsection (b), provide grants to, and enter into
cooperative agreements with non-Federal entities to pay the Federal
share of the cost of a project to plan, design, construct, or otherwise
implement improvements to conserve water, increase water use
efficiency, facilitate water markets, enhance water management, or
implement other actions to prevent water-related crises or conflicts in
watersheds that have a nexus to Federal water projects within the
Reclamation States.
(b) Eligibility Criteria.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall, consistent with
this Act, publish in the Federal Register criteria developed by
the Secretary for--
(A) determining the eligibility of a non-Federal
entity for assistance under subsection (a); and
(B) prioritizing requests for assistance under
subsection (a).
(2) Factors.--The criteria developed under paragraph (1)
shall take into account such factors as--
(A) the extent to which a project under subsection
(a) would reduce conflict over water;
(B) the extent to which a project under subsection
(a) would--
(i) increase water use efficiency; or
(ii) enhance water management;
(C) the extent to which unallocated water is
available in the area in which a project under
subsection (a) is proposed to be conducted;
(D) the extent to which a project under subsection
(a) involves water marketing;
(E) the likelihood that the benefit of a project
under subsection (a) would be attained;
(F) whether the non-Federal entity has demonstrated
the ability of the non-Federal entity to pay the non-
Federal share;
(G) the extent to which the assistance provided
under subsection (a) is reasonable for the work
proposed under the project;
(H) the involvement of the non-Federal entity and
stakeholders in a project under subsection (a);
(I) whether a project under subsection (a) is
related to a Bureau of Reclamation project or facility;
and
(J) the extent to which a project under subsection
(a) would conserve water.
(c) Federal Facilities.--If a grant or cooperative agreement under
subsection (a) provides for improvements to a Federal facility--
(1) the Federal funds provided under the grant or
cooperative agreement may be--
(A) provided on a nonreimbursable basis to an
entity operating affected transferred works; or
(B) determined to be nonreimbursable for non-
transferred works; and
(2) title to the improvements to the Federal facility shall
be held by the United States.
(d) Cost-Sharing Requirement.--
(1) Federal share.--The Federal share of the cost of
carrying out a project assisted under subsection (a) shall be
not more than 50 percent.
(2) Non-federal share.--In calculating the non-Federal
share of the cost of carrying out a project under subsection
(a), the Secretary--
(A) may include any in-kind contributions that the
Secretary determines would materially contribute to the
completion of proposed project; and
(B) shall exclude any funds received from other
Federal agencies.
(e) Operation and Maintenance Costs.--The non-Federal share of the
cost of operating and maintaining improvements assisted under
subsection (a) shall be 100 percent.
(f) Mutual Benefit.--Grants or cooperative agreements made under
this section or section 4 may be for the mutual benefit of the United
States and the entity that is provided the grant or enters into the
cooperative agreement.
(g) Liability.--
(1) In general.--Except as provided in paragraph (2), the
United States shall not be liable under Federal or State law
for monetary damages of any kind arising out of any act,
omission, or occurrence relating to any non-Federal facility
constructed or improved under this title.
(2) Exception.--Notwithstanding paragraph (1), the United
States may be held liable for damages to non-Federal facilities
caused by acts of negligence committed by the United States or
by an employee or agent of the United States.
(3) No additional liability.--Nothing in this section
increases the liability of the United States beyond that
provided in chapter 171 of title 28, United States Code
(commonly known as the ``Federal Torts Claim Act'').
SEC. 4. RESEARCH AGREEMENTS.
The Secretary may enter into cooperative agreements with
institutions of higher education, nonprofit research institutions, or
organizations with water or power delivery authority to fund research
to conserve water, increase water use efficiency, or enhance water
management under such terms and conditions as the Secretary determines
to be appropriate.
SEC. 5. EFFECT.
Nothing in this title affects any existing project-specific funding
authority.
SEC. 6. EFFECT ON STATE WATER LAW.
Nothing in this Act invalidates, preempts, or creates any exception
to State water law, State water rights, or any interstate compact
governing water.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$25,000,000 for each of fiscal years 2007 through 2016. | Bureau of Reclamation Water Conservation, Efficiency, and Management Improvement Act - Authorizes the Secretary of the Interior, acting through the Commissioner of Reclamation, to provide grants to, and enter into cooperative agreements with, nonfederal entities with water delivery authority to pay the federal share of the cost of a project to conserve water, increase water use efficiency, facilitate water markets, enhance water management, or implement other actions to prevent water-related crises or conflicts in watersheds that have a nexus to federal water projects within reclamation states (Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming). Directs the Secretary to publish assistance eligibility and priority criteria. Limits the federal cost share of the project to 50%. Sets the nonfederal cost share for project operation and maintenance at 100%.
Authorizes the Secretary to enter into cooperative agreements with institutions of higher education, nonprofit research institutions, or organizations with water or power delivery authority to fund research to conserve water, increase water use efficiency, or enhance water management. | A bill to authorize the Secretary of the Interior to make available cost-shared grants and enter into cooperative agreements to further the goals of the Water 2025 Program by improving water conservation, efficiency, and management in the Reclamation States, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Economic Stimulus Act of
2008''.
SEC. 2. RETROACTIVE, 2-YEAR MORATORIUM ON INCLUSION OF UNEMPLOYMENT
COMPENSATION IN GROSS INCOME.
(a) In General.--Section 85 of the Internal Revenue Code of 1986
(relating to unemployment compensation) is amended by adding at the end
the following new subsection:
``(c) Moratorium.--This section shall not apply to any taxable year
beginning in 2007 or 2008.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. TEMPORARY INCREASE IN CHILD CREDIT.
(a) In General.--Subsection (a) of section 24 of the Internal
Revenue Code of 1986 (relating to allowance of credit) is amended by
inserting ``($1,200 in the case of the first taxable year beginning in
2008)'' after ``$1,000''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2007.
SEC. 4. 2008 STIMULUS CREDIT.
(a) In General.--Section 6428 of the Internal Revenue Code of 1986
is amended to read as follows:
``SEC. 6428. 2008 STIMULUS CREDIT.
``(a) In General.--In the case of an eligible individual, there
shall be allowed as a credit against the tax imposed by chapter 1 for
the taxpayer's first taxable year beginning in 2008 an amount equal to
$400 ($800 in the case of a joint return).
``(b) Limitation Based on Adjusted Gross Income.--
``(1) In general.--The amount of the credit allowable under
subsection (a) shall be zero if the modified adjusted gross
income of the taxpayer exceeds the threshold amount. For
purposes of the preceding sentence, the term `modified adjusted
gross income' means adjusted gross income increased by any
amount excluded from gross income under section 911, 931, or
933.
``(2) Threshold amount.--For purposes of paragraph (1), the
term `threshold amount' means--
``(A) $115,000 in the case of a joint return and
head of household (as defined in section 2(b)),
``(B) $75,000 in the case of an individual who is
not married, and
``(C) $57,500 in the case of a married individual
filing a separate return.
For purposes of this paragraph, marital status shall be
determined under section 7703.
``(c) Credit Treated as Nonrefundable Personal Credit.--For
purposes of this title, the credit allowed under this section shall be
treated as a credit allowable under subpart A of part IV of subchapter
A of chapter 1.
``(d) Eligible Individual.--For purposes of this section, the term
`eligible individual' means any individual other than--
``(1) any estate or trust,
``(2) any nonresident alien individual, and
``(3) any individual with respect to whom a deduction under
section 151 is allowable to another taxpayer for a taxable year
beginning in the calendar year in which the individual's
taxable year begins.
``(e) Coordination With Advance Refunds of Credit.--
``(1) In general.--The amount of credit which would (but
for this paragraph) be allowable under this section shall be
reduced (but not below zero) by the aggregate refunds and
credits made or allowed to the taxpayer under subsection (e).
Any failure to so reduce the credit shall be treated as arising
out of a mathematical or clerical error and assessed according
to section 6213(b)(1).
``(2) Joint returns.--In the case of a refund or credit
made or allowed under subsection (f) with respect to a joint
return, half of such refund or credit shall be treated as
having been made or allowed to each individual filing such
return.
``(f) Advance Refunds of Credit Based on Prior Year Data.--
``(1) In general.--Each individual who was an eligible
individual for such individual's first taxable year beginning
in 2006 shall be treated as having made a payment against the
tax imposed by chapter 1 for such first taxable year in an
amount equal to the advance refund amount for such taxable
year.
``(2) Advance refund amount.--For purposes of paragraph
(1), the advance refund amount is the amount that would have
been allowed as a credit under this section for such first
taxable year if--
``(A) this section (other than subsections (c) and
(e) and this subsection) had applied to such taxable
year, and
``(B) the credit for such taxable year were not
allowed to exceed the excess (if any) of--
``(i) the sum of the regular tax liability
(as defined in section 26(b)) plus the tax
imposed by section 55, over
``(ii) the sum of the credits allowable
under part IV of subchapter A of chapter 1
(other than the credits allowable under subpart
C thereof, relating to refundable credits).
``(3) Timing of payments.--In the case of any overpayment
attributable to this subsection, the Secretary shall, subject
to the provisions of this title, refund or credit such
overpayment as rapidly as possible and, to the extent
practicable, before the date which is 120 days after the date
of the enactment of this section. No refund or credit shall be
made or allowed under this subsection after December 31, 2008.
``(4) No interest.--No interest shall be allowed on any
overpayment attributable to this subsection.''.
(b) Conforming Amendment.--Paragraph (1) of section 1(i) of such
Code is amended by striking subparagraph (D).
(c) Clerical Amendment.--The item relating to section 6428 in the
table of sections for subchapter B of chapter 65 of such Code is
amended to read as follows:
``Sec. 6428. 2008 stimulus credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 5. ALTERNATIVE EXTENDED-BENEFITS INDICATORS.
(a) In General.--For purposes of determining whether there are
State ``on'' or ``off'' indicators (within the meaning of section
203(d) of the Federal-State Extended Unemployment Compensation Act of
1970 (26 U.S.C. 3304 note)) for any of the first 52 weeks beginning on
or after the date of the enactment of this Act, such section 203(d)
shall be applied by substituting ``4'' for ``5'' each place it appears.
(b) Definitions.--For purposes of this section, the terms ``State''
and ``week'' have the respective meanings given such terms by section
205 of such Act.
SEC. 6. REQUIRED DISTRIBUTION OF STATE-SPECIFIC INFORMATION PACKETS.
(a) In General.--Subsection (a) of section 3304 of the Internal
Revenue Code of 1986 (relating to approval of State laws) is amended by
striking ``and'' at the end of paragraph (18), by striking the period
at the end of paragraph (19) and inserting ``; and'', and by inserting
after paragraph (19) the following new paragraph:
``(20) the State will distribute to unemployed individuals
State-specific information packets explaining unemployment
insurance eligibility conditions.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to certifications of States for 2008 and thereafter, except that
section 3304(a)(20) of the Internal Revenue Code of 1986, as added by
subsection (a), shall not be a requirement for the State law of any
State prior to July 1, 2009, if the legislature of such State does not
meet in a regular session which closes during the calendar year 2008. | Family Economic Stimulus Act of 2008 - Amends the Internal Revenue Code to: (1) exclude unemployment compensation from gross income in 2007 and 2008; (2) increase the child tax credit to $1,200 in 2008; (3) allow individual taxpayers a $400 tax rebate ($800 in the case of a joint return) in 2008; (4) extend unemployment insurance benefits; and (5) require states to distribute to unemployed individuals information about unemployment insurance eligibility conditions. | To amend the Internal Revenue Code of 1986 to provide an economic stimulus for individuals. |
SECTION 1. RETIREMENT YEARS SAVINGS ACCOUNTS.
(a) In General.--Subpart A of part I of subchapter D of chapter 1
of the Internal Revenue Code of 1986 (relating to pension, profit-
sharing, stock bonus plans, etc.) is amended by inserting after section
408 the following new section:
``SEC. 408A. RETIREMENT YEARS SAVINGS ACCOUNTS.
``(a) General Rule.--Except as provided in this section, a
Retirement Years Savings Account shall be treated for purposes of this
title in the same manner as an individual retirement plan.
``(b) Retirement Years Savings Account.--For purposes of this
title, the term `Retirement Years Savings Account' or `RYS Account'
means an individual retirement plan which is designated at the time of
the establishment of the plan as a Retirement Years Savings Account.
Such designation shall be made in such manner as the Secretary may
prescribe.
``(c) Contribution Rules.--
``(1) Deduction allowed for years before individual attains
age 40.--Section 219(g) shall not apply to any contribution to
an RYS Account for any taxable year before the taxable year
during which the individual attains age 40.
``(2) Denial of deduction for years after individual
attains age 40.--No deduction shall be allowed under section
219 for a contribution to an RYS account for the taxable year
in which the individual attains age 40 or any taxable year
thereafter.
``(3) Increased spousal contribution.--
``(A) In general.--In the case of an individual to
whom this paragraph applies for the taxable year, in
lieu of applying section 219(c), the limitation under
section 219(b)(1)(B) shall be equal to the sum of--
``(i) the compensation includible in such
individual's gross income for the taxable year,
plus
``(ii) the compensation includible in the
gross income of such individual's spouse for
the taxable year reduced by the amount of the
limitation under section 219(b)(1) applicable
to such spouse for such taxable year.
``(B) Individuals to whom paragraph applies.--This
paragraph shall apply to any individual if--
``(i) such individual files a joint return
for the taxable year, and
``(ii) the amount of compensation (if any)
includible in such individual's gross income
for the taxable year is less than the
compensation includible in the gross income of
such individual's spouse for the taxable year.
``(4) Tax on excess contributions.--Section 4973 shall be
applied separately with respect to individual retirement plans
which are RYS Accounts and individual retirement plans which
are not RYS Accounts; except that, for purposes of applying
such section with respect to individual retirement plans which
are RYS Accounts, the limitation under paragraph (3) shall be
taken into account.
``(5) Limitations on rollover contributions.--No rollover
contribution may be made to an RYS Account unless--
``(A) such contribution is from another RYS
Account, or
``(B) such contribution is from an individual
retirement plan (other than an RYS Account) and is made
before January 1, 1998.
``(d) Distribution Rules.--For purposes of this title--
``(1) Exclusion from gross income; no penalty tax.--No
portion of a qualified distribution from an RYS Account shall
be includible in gross income.
``(2) Qualified distribution.--For purposes of this
subsection, the term `qualified distribution' means any payment
or distribution--
``(A) made on or after the date on which the
individual attains age 59\1/2\,
``(B) made to a beneficiary (or to the estate of
the individual) on or after the death of the
individual, or
``(C) attributable to the individual's being
disabled (within the meaning of section 72(m)(7)).
``(e) Other Definitions.--For purposes of this section--
``(1) Rollover contributions.--The term `rollover
contributions' means contributions described in sections
402(c), 403(a)(4), 403(b)(8), or 408(d)(3).
``(2) Compensation.--The term `compensation' has the
meaning given such term by section 219(f).''
(b) Clerical Amendment.--The table of sections for subpart A of
part I of subchapter D of chapter 1 of such Code is amended by
inserting after the item relating to section 408 the following new
item:
``Sec. 408A. Retirement Years Savings
Accounts.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995. | Amends the Internal Revenue Code to allow a deduction for contributions made by an individual who is younger than the age of 40 to an individual retirement plan designated as a Retirement Years Savings Account (RYS). Prohibits any rollover contribution to an RYS account unless: (1) such contribution is from another RYS account; or (2) such contribution is from another individual retirement plan (other than an RYS account) and is made before January 1998. | To amend the Internal Revenue Code of 1986 to allow deductible contributions to individual retirement plans designated as Retirement Years Savings Accounts. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Uniformed Services Differential Pay
Protection Act''.
SEC. 2. INCOME TAX WITHHOLDING ON DIFFERENTIAL WAGE PAYMENTS.
(a) In General.--Section 3401 of the Internal Revenue Code of 1986
(relating to definitions) is amended by adding at the end the following
new subsection:
``(i) Differential Wage Payments to Active Duty Members of the
Uniformed Services.--
``(1) In general.--For purposes of subsection (a), any
differential wage payment shall be treated as a payment of
wages by the employer to the employee.
``(2) Differential wage payment.--For purposes of paragraph
(1), the term `differential wage payment' means any payment
which--
``(A) is made by an employer to an individual with
respect to any period during which the individual is
performing service in the uniformed services while on
active duty for a period of more than 30 days, and
``(B) represents all or a portion of the wages the
individual would have received from the employer if the
individual were performing service for the employer.''
(b) Effective Date.--The amendment made by this section shall apply
to remuneration paid after December 31, 2004.
SEC. 3. TREATMENT OF DIFFERENTIAL WAGE PAYMENTS FOR RETIREMENT PLAN
PURPOSES.
(a) Pension Plans.--
(1) In general.--Section 414(u) of the Internal Revenue
Code of 1986 (relating to special rules relating to veterans'
reemployment rights under USERRA) is amended by adding at the
end the following new paragraph:
``(11) Treatment of differential wage payments.--
``(A) In general.--Except as provided in this
paragraph, for purposes of applying this title to a
retirement plan to which this subsection applies--
``(i) an individual receiving a
differential wage payment shall be treated as
an employee of the employer making the payment,
``(ii) the differential wage payment shall
be treated as compensation, and
``(iii) the plan shall not be treated as
failing to meet the requirements of any
provision described in paragraph (1)(C) by
reason of any contribution which is based on
the differential wage payment.
``(B) Special rule for distributions.--
``(i) In general.--Notwithstanding
subparagraph (A)(i), for purposes of section
401(k)(2)(B)(i)(I), 403(b)(7)(A)(ii),
403(b)(11)(A), or 457(d)(1)(A)(ii), an
individual shall be treated as having been
severed from employment during any period the
individual is performing service in the
uniformed services described in section
3401(i)(2)(A).
``(ii) Limitation.--If an individual elects
to receive a distribution by reason of clause
(i), the plan shall provide that the individual
may not make an elective deferral or employee
contribution during the 6-month period
beginning on the date of the distribution.
``(C) Nondiscrimination requirement.--Subparagraph
(A)(iii) shall apply only if all employees of an
employer performing service in the uniformed services
described in section 3401(i)(2)(A) are entitled to
receive differential wage payments on reasonably
equivalent terms and, if eligible to participate in a
retirement plan maintained by the employer, to make
contributions based on the payments. For purposes of
applying this subparagraph, the provisions of
paragraphs (3), (4), and (5), of section 410(b) shall
apply.
``(D) Differential wage payment.--For purposes of
this paragraph, the term `differential wage payment'
has the meaning given such term by section
3401(i)(2).''
(2) Conforming amendment.--The heading for section 414(u)
of such Code is amended by inserting ``and to Differential Wage
Payments to Members on Active Duty'' after ``USERRA''.
(b) Differential Wage Payments Treated as Compensation for
Individual Retirement Plans.--Section 219(f)(1) of the Internal Revenue
Code of 1986 (defining compensation) is amended by adding at the end
the following new sentence: ``The term `compensation' includes any
differential wage payment (as defined in section 3401(i)(2)).''
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2004.
(d) Provisions Relating to Plan Amendments.--
(1) In general.--If this subsection applies to any plan or
annuity contract amendment--
(A) such plan or contract shall be treated as being
operated in accordance with the terms of the plan or
contract during the period described in paragraph
(2)(B)(i), and
(B) except as provided by the Secretary of the
Treasury, such plan shall not fail to meet the
requirements of the Internal Revenue Code of 1986 or
the Employee Retirement Income Security Act of 1974 by
reason of such amendment.
(2) Amendments to which section applies.--
(A) In general.--This subsection shall apply to any
amendment to any plan or annuity contract which is
made--
(i) pursuant to any amendment made by this
section, and
(ii) on or before the last day of the first
plan year beginning on or after January 1,
2007.
(B) Conditions.--This subsection shall not apply to
any plan or annuity contract amendment unless--
(i) during the period beginning on the date
the amendment described in subparagraph (A)(i)
takes effect and ending on the date described
in subparagraph (A)(ii) (or, if earlier, the
date the plan or contract amendment is
adopted), the plan or contract is operated as
if such plan or contract amendment were in
effect; and
(ii) such plan or contract amendment
applies retroactively for such period. | Uniformed Services Differential Pay Protection Act - Amends the Internal Revenue Code to treat differential wage payments as a payment of wages by an employer to an employee for income tax purposes. Defines "differential wage payment" as any employer payment to an individual serving on active duty in the uniformed services for more than 30 days which represents wages such individual would have received if such individual were performing services for the employer.
Treats an individual receiving differential wage payments as an employee and treats differential wage payments as compensation for retirement plan purposes. | To amend the Internal Revenue Code of 1986 to clarify the proper treatment of differential wage payments made to employees called to active duty in the uniformed services, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``WIC Fraud Prosecution Act of 1994''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the special supplemental food program for women,
infants, and children (WIC) established under section 17 of the
Child Nutrition Act of 1966 (42 U.S.C. 1786) provides vital and
nutritious foods to vulnerable Americans;
(2) the improper diversion of WIC benefits by stores and
other food vendors authorized to accept WIC food instruments
harms the entire WIC program; and
(3) severe penalties should be imposed on store owners and
managers and WIC clinic employees engaged in trafficking in WIC
food instruments.
SEC. 3. DISQUALIFICATION AND CIVIL MONEY PENALTIES FOR WIC FOOD
VENDORS; CRIMINAL PENALTIES.
Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is
amended by adding at the end the following new subsection:
``(q)(1) Except as provided in paragraph (2), any food vendor
authorized to participate in the program authorized under subsection
(c)(1) (referred to in this subsection as the `program') shall be
permanently disqualified from further participation in the program, on
a finding, made in accordance with regulations issued by the Secretary,
that any owner, officer, supervisor, or manager of the vendor
intentionally--
``(A) trafficked in program food instruments or otherwise
obtained program food instruments by buying the instruments at
a discount in an unlawful manner;
``(B) obtained benefits purchased at a discount through the
improper use of a program access device; or
``(C) sold or purchased firearms, ammunition, explosives,
or controlled substances (as defined in section 102(6) of the
Controlled Substances Act (21 U.S.C. 802(6))) in exchange for,
or with, program food instruments.
``(2) If the Secretary determines that disqualification of a food
vendor would cause hardship to persons participating in the program, in
lieu of disqualification under paragraph (1), the Secretary may impose
on the vendor a civil money penalty of up to $20,000 for each violation
described in paragraph (1).
``(3) Any owner, officer, supervisor, or manager of a program food
vendor or any employee of a program clinic who intentionally traffics
in program food instruments or otherwise obtains program food
instruments by buying the instruments at a discount in a manner not
permitted by law shall be guilty of a felony and shall be fined not
more than $100,000 or imprisoned not more than 10 years, or both.
``(4)(A) At any time after imposing a money penalty under this
subsection, the Secretary may request the Attorney General to institute
a civil action to collect the penalty against a person subject to the
penalty in a district court of the United States for any district in
which the person is found, resides, or transacts business.
``(B) The court shall have jurisdiction to hear and decide the
action.
``(C) In the action, the validity and amount of the penalty shall
not be subject to review.
``(5)(A) The Secretary may impose a fine against any person not
approved by the Secretary to accept program food instruments who
violates this subsection or a regulation issued under this subsection,
including a violation concerning the acceptance of program food
instruments and including such violations by employees of program
clinics.
``(B) The amount of the fine shall be established by the Secretary
and may be assessed and collected in accordance with regulations issued
under this subsection separately or in combination with any fiscal
claim established by the Secretary.
``(C) The Attorney General may institute judicial action in any
court of competent jurisdiction against the person to collect the fine.
``(6) Whoever presents, or causes to be presented, a program food
instrument, or who uses a program access device, knowing that the
instrument or device to have been received, transferred, or used in
violation of this subsection or the regulations issued under this
subsection shall be guilty of a felony and--
``(A) on the first conviction of the felony, shall be fined
not more than $20,000 or imprisoned for not more than 5 years,
or both; and
``(B) on the second and any subsequent conviction of the
felony, shall be imprisoned for not less than 1 year and not
more than 5 years and may also be fined not more than $30,000.
``(7) In addition to other penalties imposed under this subsection,
any person convicted of a violation of this subsection may be suspended
by a court from participation in the program for a period of up to 2
years.
``(8)(A) The Secretary may subject to forfeiture and denial of
property rights any nonfood item, money, negotiable instrument,
security, vendor property (including a building), or other item of
value that is furnished or intended to be furnished by any person in
exchange for a program food instrument or program access device, or
anything of value obtained by use of an access device or program food
instruments, or which item or property is used in facilitating such
trafficking, in any manner that violates this subsection or a
regulation issued under this subsection.
``(B) Any forfeiture and disposal of property forfeited under this
subsection for a violation described in subparagraph (A) shall be
conducted in accordance with procedures specified in regulations issued
by the Secretary.''.
SEC. 4. DETECTION OF TRAFFICKING IN WIC FOOD INSTRUMENTS OR ACCESS
DEVICES.
Section 17(f)(1) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(f)(1)) is amended--
(1) in subparagraph (C)--
(A) by striking ``and'' at the end of clause (xii);
(B) by redesignating clause (xiii) as clause (xiv);
and
(C) by inserting after clause (xii) the following
new clause:
``(xiii) a detailed plan for the detection and punishment
of store owners or program food vendors for trafficking in food
instruments or access devices used in connection with the
program authorized subsection (c)(1), subject to subparagraph
(F); and''; and
(2) by adding at the end the following new subparagraph:
``(F)(i) The plan described in subparagraph (C)(xiii) shall target
higher risk stores or vendors.
``(ii) The State agency shall set aside funds for carrying out
subparagraph (C)(xiii).
``(iii) The State agency shall fully cooperate with the attorney
general of a State, county attorneys, law enforcement officers, and
Federal prosecutors or law enforcement personnel in any investigation
of trafficking in food instruments or access devices used in connection
with the program authorized under subsection (c)(1).''. | WIC Fraud Prosecution Act of 1994 - Amends the Child Nutrition Act of 1966 to set civil and criminal penalties with respect to trafficking in food instruments and other frauds in connection with the special supplement food program for women, infants, and children.
Requires each State plan to include a detailed plan for the detection and punishment of store owners or food vendors for trafficking in food instruments or access devices. | WIC Fraud Prosecution Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Center for Excellence in
Research and Development Act of 1996''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Due to the end of the Cold War, the United States has
not recently conducted underground nuclear testing at the
Department of Energy facility known as the Nevada Test Site,
Nevada, and the United States does not plan to conduct such
testing in the foreseeable future.
(2) Because the world political situation is ever-changing
and dangerous, it is imperative that the United States remain
strong militarily and continue to be a nuclear superpower.
(3) It is imperative that portions of the Nevada Test Site
be maintained in a full state of readiness to ensure the
capability of the nuclear arsenal of the United States.
(4) The Nevada Test Site is in a beneficial location for
activities suitable for research and development of emerging
technologies that will be important to the United States in the
21st century.
(5) Technology development carried out at the Nevada Test
Site should include both private-sector and military projects.
(6) The Nevada Test Site can support the stewardship of the
Nation's nuclear weapons stockpile, the nonproliferation of
nuclear weapons, and the technological competitiveness of the
United States by providing the environment for nuclear and non-
nuclear test and demonstration experiments and projects for
government, industry, and academia.
(7) The Nevada Test Site can provide the infrastructure to
support industrial and civilian tests of environmentally
demanding projects and programs in addition to maintaining its
readiness capability in support of the nuclear arsenal.
(8) The Nevada Test Site can support the testing and
demonstration of environmental clean-up technologies by
government and industry.
(9) The Nevada Test Site can support the testing of
alternative and renewable energy sources for environmentally
clean and economically competitive replacements for traditional
fossil energy sources and uses in many parts of Nevada and in
the United States as a whole.
(10) The Nevada Test Site can provide support for
disarmament activities such as the demonstration of rocket
motor destruction technology and conventional munitions
destruction technology.
(11) The Nevada Test Site can support non-proliferation
experiments in disablement, nuclear forensics, sensors, and
verification and monitoring.
(12) The Nevada Test Site can support treaty-compliant
experiments for stockpile stewardship purposes.
(13) The size and remoteness of the Nevada Test Site make
the Nevada Test Site well-suited for a multitude of activities
associated with the restructuring of the United States
military.
(14) The Nevada Test Site can also support non-
proliferation, counter-proliferation, and counter-terrorism
activities.
SEC. 3. PURPOSES.
It is the purpose of this Act--
(1) to ensure full operational readiness of the underground
nuclear testing facilities and infrastructure of the Nevada
Test Site;
(2) to ensure an appropriate level of funds for such
readiness to be maintained;
(3) to create a National Test and Demonstration Center of
Excellence at the Nevada Test Site for the promotion of
disarmament, demilitarization, alternative and renewable energy
sources, the nonproliferation of nuclear weapons, counter-
proliferation of nuclear weapons, sensor development, and
environmentally sensitive technologies; and
(4) to ensure the availability of the Nevada Test Site,
within appropriate restrictions, for use by private-sector
industries seeking to make use of the inherent qualities that
make the Nevada Test Site the greatest outdoor laboratory in
the world.
SEC. 4. MAINTENANCE OF READINESS CAPABILITY OF NEVADA TEST SITE.
(a) Authorization of Appropriations.--
(1) In general.--The amount referred to in paragraph (2) is
hereby authorized to be appropriated to the Secretary of Energy
for fiscal year 1995 and each fiscal year thereafter to
maintain the operational readiness of the underground nuclear
testing facilities and infrastructure of the Nevada Test Site.
(2) Authorized amount.--The amount referred to in paragraph
(1) is not less than the amount appropriated to the Secretary
of Energy for fiscal year 1992 to maintain the operational
readiness of the underground nuclear testing facilities and
infrastructure of the Nevada Test Site.
(b) Staffing Levels.--The Secretary of Energy shall maintain a
staffing level at the Nevada Test Site that the Secretary considers
sufficient to carry out activities under this Act in addition to any
other activities conducted by the Department of Energy at the Nevada
Test Site.
(c) Infrastructure Assessments and Activities.--The Secretary of
Energy, through the Nevada Test Site Operations Office, shall carry out
any infrastructure assessments and activities necessary to accommodate
new projects and initiatives at the Nevada Test Site.
SEC. 5. NATIONAL TEST AND DEMONSTRATION CENTER OF EXCELLENCE.
(a) Establishment.--There is hereby established within the
Department of Energy a National Test and Demonstration Center of
Excellence (hereafter in this Act referred to as the ``Center''), to be
located at the Nevada Test Site, Nevada.
(b) Purpose.--It shall be the purpose of the Center to promote
disarmament, demilitarization, alternative and renewable energy
sources, the nonproliferation of nuclear weapons, counter-proliferation
of nuclear weapons, sensor development, and environmentally sensitive
technologies.
(c) Activities Related to Alternative and Renewable Energy
Sources.--The Center shall carry out the following testing and
demonstration activities that are related to alternative and renewable
energy sources:
(1) The characterization of solar and geothermal resources
at the Nevada Test Site.
(2) The development of alternative and renewable energy
sources, including, as a goal of the Center, the development
and completion of two 100-megawatt solar power plants by the
year 2000.
(3) The conduct of a National Alternative-Fueled Vehicles
Program, the objective of which shall be to demonstrate the
regional use of natural gas, electricity, and hydrogen as
vehicle fuels.
(d) Activities Related to Disarmament and Demilitarization.--The
Center shall carry out testing and demonstration activities that are
related to changes occurring in United States military as a result of
the end of the Cold War, including activities--
(1) that involve the demilitarization of large rocket motor
and conventional ordnance;
(2) that assist in disarmament and demilitarization,
generally; and
(3) that test and demonstrate the nonmilitary application
of technologies and resources the military application of which
has decreased or otherwise changed due to disarmament and
demilitarization.
(e) Activities Related to Nuclear Stockpile Stewardship.--The
Center shall carry out testing and demonstration activities related to
the stewardship of the nuclear stockpile of the United States. Such
activities shall include--
(1) the conduct of experiments that assist in monitoring
compliance with international agreements on the
nonproliferation of nuclear weapons;
(2) the provision of support to the Department of Energy
nuclear weapons complex;
(3) the conduct of programs for the Department of Energy
and the Department of Defense to develop simulator technologies
for nuclear weapons design and effects, including advanced
hydrodynamic simulators, inertial confinement fusion test
facilities, and nuclear weapons effects simulators; and
(4) the conduct of the stockpile stewardship program
established pursuant to section 3138 of the National Defense
Authorization Act for Fiscal Year 1994 (107 Stat. 1946; Public
Law 103-160).
(f) Activities Related to Nonproliferation.--The Center shall carry
out experiments related to the non-proliferation of nuclear weapons,
including experiments with respect to disablement, nuclear forensics,
sensors, and verification and monitoring.
(g) Activities Related to Counter-Proliferation.--The Center shall
carry out experiments related to the counter-proliferation of nuclear
weapons.
(h) Activities Related to Environmental Technologies.--The Center
shall carry out testing and demonstration activities related to the
development of environmental technologies, including--
(1) the demonstration of technologies concerning the
remediation of toxic and hazardous chemicals; and
(2) the conduct of training activities pertaining to
emergency response to hazardous and toxic accidents and
emergencies.
(i) Other Activities.--The Center may carry out the testing and
demonstration of any other technology which, in the determination of
the Secretary of Energy, is appropriate for testing and demonstration
at the Nevada Test Site.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Except as provided in section 4, there is authorized to be
appropriated to the Secretary of Energy for fiscal year 1997 such sums
as may be necessary to carry out this Act. | National Center for Excellence in Research and Development Act of 1996 - Authorizes appropriations to the Secretary of Energy for FY 1995 and beyond to maintain the operational readiness of the underground nuclear testing facilities and infrastructure of the Nevada Test Site.
Establishes within the Department of Energy a national Test and Demonstration Center of Excellence at the Nevada Test Site, Nevada, to implement testing and demonstration activities related to: (1) certain alternative and renewable energy sources, including solar and geothermal energy, as well as natural gas, electricity, and hydrogen as components of a National Alternative-Fueled Vehicles Program; (2) certain changes in the U.S. military as a result of the end of the Cold War, including demilitarization and disarmament activities and the nonmilitary application of military technologies and resources; (3) stewardship of the Federal nuclear stockpile; (4) non-proliferation and counter-proliferation of nuclear weapons; and (5) development of certain environmental technologies, including technologies for remediation of toxic and hazardous chemicals, and activities pertaining to emergency response to hazardous and toxic accidents. | National Center for Excellence in Research and Development Act of 1996 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Community
Protection and Hazardous Fuels Reduction Act of 1997''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Definitions.
TITLE I--MANAGEMENT OF WILDLAND/URBAN INTERFACE AREAS
Sec. 101. Identification of wildland/urban interface areas.
Sec. 102. Contracting to reduce hazardous fuels and undertake forest
management projects in wildland/urban
interface areas.
Sec. 103. Monitoring requirements.
Sec. 104. Reporting requirements.
Sec. 105. Termination of authority.
TITLE II--FIRE DANGER REDUCTION BY REMOVAL OF GRASSES AND FORBS
Sec. 201. Removal of excess levels of grasses and forbs.
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Regulations.
Sec. 302. Authorization of appropriations.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Management of Federal lands has been characterized by
large cyclical variations in fire suppression policies, timber
harvesting levels, and the attention paid to commodity and
noncommodity values.
(2) Forests on Federal lands are experiencing significant
disease epidemics and insect infestations.
(3) The combination of inconsistent management and natural
effects has resulted in a hazardous fuels buildup on Federal
lands that threatens catastrophic wildfire.
(4) While the long-term effect of catastrophic wildfire on
forests and forest systems is a matter of debate, there should
be no question that catastrophic wildfire must be prevented in
areas of the Federal lands where wildlands abut, or are located
in close proximity to, communities, residences, and other
private and public facilities on non-Federal lands.
(5) Wildfire resulting from hazardous fuels buildup in such
wildland/urban interface areas threatens the destruction of
communities, puts human life and property at risk, threatens
community water supplies with erosion that follows wildfire,
destroys wildlife habitat, and damages ambient air quality.
(6) The Secretary of Agriculture and the Secretary of the
Interior must assign a high priority and undertake aggressive
management to achieve the elimination of hazardous fuel buildup
and reduction of the risk of wildfire to the wildland/urban
interface areas on Federal lands. Protection of human life and
property, including water supplies and ambient air quality,
must be given the highest priority.
(7) The noncommodity resources, including riparian zones
and wildlife habitats, in wildland/urban interface areas on
Federal lands which must be protected to provide recreational
opportunities, clean water, and other amenities to neighboring
communities and the public suffer from a backlog of unfunded
forest management projects designed to provide such protection.
(8) In a period of fiscal austerity characterized by
shrinking budgets and personnel levels, Congress must provide
the Secretary of Agriculture and the Secretary of the Interior
with innovative tools to accomplish the required reduction in
hazardous fuels buildup and undertake other forest management
projects in the wildland/urban interface areas on the Federal
lands at least cost.
(b) Purpose.--The purpose of this Act is to provide new authority
and innovative tools to the Secretary of Agriculture and the Secretary
of the Interior to safeguard communities, lives, and property by
reducing or eliminating the threat of catastrophic wildfire, and to
undertake needed forest management projects, in wildland/urban
interface areas on Federal lands.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Federal lands.--The term ``Federal lands'' means--
(A) federally managed lands administered by the
Bureau of Land Management under the Secretary of the
Interior; and
(B) federally managed lands administered by the
Secretary of Agriculture.
(2) Forest management project.--The term ``forest
management project'' means a project, including riparian zone
enhancement, habitat improvement, forage removal by livestock
grazing or mechanical means, and soil stabilization or other
water quality improvement project, designed to protect one or
more noncommodity resources on or in close proximity to Federal
lands.
(3) Land management plan.--The term ``land management
plan'' means the following:
(A) With respect to Federal lands described in
paragraph (1)(A), a land use plan prepared by the
Bureau of Land Management pursuant to section 202 of
the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712), or other multiple-use plan currently in
effect.
(B) With respect to Federal lands described in
paragraph (1)(B), a land and resource management plan
(or if no final plan is in effect, a draft land and
resource management plan) prepared by the Forest
Service pursuant to section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604).
(4) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to the Federal lands described in
paragraph (1)(A), the Secretary of the Interior; and
(B) with respect to the Federal lands described in
paragraph (1)(B), the Secretary of Agriculture.
(5) Wildland/urban interface area.--The term ``wildland/
urban interface area'' means an area of Federal land in close
proximity to communities and human habitations, such as homes,
cabins, and other property.
(6) Congressional committees.--The term ``congressional
committees'' means the Committee on Resources and the Committee
on Agriculture of the House of Representatives and the
Committee on Energy and Natural Resources and the Committee on
Agriculture, Nutrition, and Forestry of the Senate.
(7) Hazardous fuels buildup.--The term ``hazardous fuels
buildup'' means an accumulation of forage, woody debris, and
predominantly dead and dying timber that has the likelihood of
igniting.
TITLE I--MANAGEMENT OF WILDLAND/URBAN INTERFACE AREAS
SEC. 101. IDENTIFICATION OF WILDLAND/URBAN INTERFACE AREAS.
(a) Annual Identification.--On or before September 30 of each year,
each District Manager of the Bureau of Land Management and each Forest
Supervisor of the Forest Service shall identify those areas on Federal
lands within the jurisdiction of the District Manager or Forest
Supervisor that the District Manager or Forest Supervisor determines--
(1) meet the definition of wildland/urban interface areas;
and
(2) have hazardous fuels buildups and other forest
management needs that warrant the use of forest management
projects as provided in section 102.
(b) Treatment of Identification Process.--The identification of
wildland/urban interface areas under subsection (a) that have hazardous
fuels buildups and other forest management needs that warrant the use
of forest management projects as provided in section 102 shall not be
considered to be agency action for purposes of paragraph (2)(A) or
(2)(E) of section 102 of the National Environmental Policy Act of 1969
(42 U.S.C. 4332).
SEC. 102. CONTRACTING TO REDUCE HAZARDOUS FUELS AND UNDERTAKE FOREST
MANAGEMENT PROJECTS IN WILDLAND/URBAN INTERFACE AREAS.
(a) Contracting Authority.--
(1) In general.--The Secretary concerned is authorized to
enter into contracts under this section for the sale of forest
products in a wildland/urban interface area identified under
section 101 for the purpose of reducing hazardous fuels
buildups in the area.
(2) Inclusion of forest management projects.--Subject to
paragraph (3), the Secretary concerned may require, as a
condition of any sale of forest products referred to in
paragraph (1), that the purchaser of such products undertake
one or more forest management projects in the wildland/urban
interface area.
(3) Conditions on inclusion.--The Secretary concerned may
include a forest management project as a condition in a
contract for the sale of forest products referred to in
paragraph (1) only when the Secretary determines that--
(A) the forest management project is consistent
with the applicable land management plan; and
(B) the objectives of the forest management project
can be accomplished most cost efficiently and
effectively when the project is performed as part of
the sale contract.
(b) Financing and Supplemental Funding.--
(1) Forest management credits.--The financing of a forest
management project required as a condition of a contract for a
sale authorized by subsection (a) shall be accomplished through
the inclusion in the contract of a provision for amortization
of the cost of the forest management project through the
issuance of forest management credits to the purchaser. Such
forest management credits shall offset the cost of the required
forest management project against the purchaser's payment for
forest products.
(2) Use of appropriated funds.--The Secretary concerned may
use appropriated funds to assist the purchaser to undertake a
forest management project required as a condition of a contract
authorized by subsection (a) if such funds are provided from
the resource function or functions that directly benefit from
the performance of the project and are available from the
annual appropriation for such function or functions during the
fiscal year in which the sale is offered. The amount of
assistance to be provided for each forest management project
shall be included in the prospectus, and published in the
advertisement, for the sale.
(c) Determination of Forest Management Credits.--Prior to the
advertisement of a sale authorized by subsection (a), the Secretary
concerned shall determine the amount of forest management credits to be
allocated to each forest management project to be required as a
condition of the sale contract. A description of the forest management
project, and the amount of the forest management credits allocated to
the project, shall be included in the prospectus, and published in the
advertisement, for the sale.
(d) Transfer of Forest Management Credits.--The Secretary concerned
may permit a purchaser that holds forest management credits earned by
the purchaser as part of a sale authorized by subsection (a), but not
used in connection with that sale, to transfer the forest management
credits to another sale authorized by subsection (a) if--
(1) the subsequent sale is also purchased by that
purchaser; and
(2) the sale parcel is located on Federal lands under that
Secretary's jurisdiction.
(e) Treatment of Forest Management Credits as Moneys Received.--
(1) Bureau of land management lands.--In the case of
Federal lands described in section 3(1)(A), all amounts earned
by or allowed to any purchaser of a sale authorized by
subsection (a) in the form of forest management credits shall
be considered to be money received for purposes of title II of
the Act of August 28, 1937 (50 Stat. 875; 43 U.S.C. 1181f), the
first section of the Act of May 24, 1939 (53 Stat. 753; 43
U.S.C. 1181f-1), or other applicable law concerning the
distribution of receipts from the sale of forest products on
such lands.
(2) Forest system lands.--In the case of Federal lands
described in section 3(1)(B), all amounts earned by or allowed
to any purchaser of a sale authorized by subsection (a) in the
form of forest management credits shall be considered to be
money received for purposes of the sixth paragraph under the
heading ``FOREST SERVICE'' in the Act of May 23, 1908 (35 Stat.
260; 16 U.S.C. 500) and section 13 of the Act of March 1, 1911
(36 Stat. 963; commonly known as the Weeks Act; 16 U.S.C. 500).
(f) Cost Considerations.--Because of the strong concern for the
safety of human life and property and the protection of water quality,
air quality, and wildlife habitat, a sale authorized by subsection (a)
shall not be precluded because the costs of the sale may exceed the
revenues derived from the sale, nor shall such sales be considered in
any calculations concerning the revenue effects of the forest products
sales program for the Federal lands or units of the Federal lands.
(g) Other Requirements.--Nothing in this title shall be construed
to require or authorize any alteration in the procedures or
requirements for sales of forest products otherwise authorized by law,
including the applicable provisions of the small business set-aside
program.
SEC. 103. MONITORING REQUIREMENTS.
The Secretary concerned shall monitor the preparation and offering
of contracts, and the performance of forest management projects,
pursuant to section 102 to determine the effectiveness of such
contracts and forest management projects in achieving the purpose of
this Act.
SEC. 104. REPORTING REQUIREMENTS.
(a) Annual Report.--Not later than 90 days after the end of each
full fiscal year in which contracts are entered into under section 102,
the Secretary concerned shall submit to the congressional committees a
report, which shall provide for the Federal lands within the
jurisdiction of the Secretary concerned the following:
(1) A list of the wildland/urban interface areas identified
on or before September 30 of the previous fiscal year pursuant
to section 101.
(2) A summary of all contracts entered into, and all forest
management projects performed, pursuant to section 102 during
the preceding fiscal year;
(3) A discussion of any delays in excess of three months
encountered during the preceding fiscal year, and likely to
occur in the fiscal year in which the report is submitted, in
preparing and offering the sales, and in performing the forest
management projects, pursuant to section 102.
(4) The results of the monitoring required by section 103
of the contracts authorized, and the forest management projects
performed, pursuant to section 102.
(5) Any anticipated problems in the implementation of this
title.
(b) Four Year Report.--The fourth report prepared by the Secretary
concerned under subsection (a) shall contain, in addition to the
matters required by subsection (a), the following:
(1) An assessment by the Secretary concerned regarding
whether the contracting authority provided in section 102
should be reauthorized beyond the period specified in section
105(a).
(2) If reauthorization is warranted, such recommendations
as the Secretary concerned considers appropriate regarding
changes in such authority to better achieve the purpose of this
Act.
SEC. 105. TERMINATION OF AUTHORITY.
(a) Termination Date.--The authority of the Secretary concerned to
offer sales of forest products pursuant to section 102, and to require
the purchasers of such products to undertake forest management projects
as a condition of such sales, shall terminate at the end of the five-
fiscal year beginning on the first October 1st occurring after the date
of the enactment of this Act.
(b) Effect on Existing Sales.--Any contract for a sale of forest
products pursuant to section 102 entered into before the end of the
period specified in subsection (a), and still in effect at the end of
such period, shall remain in effect after the end of such period
pursuant to the terms of the contract.
(c) Effect on Existing Forest Management Credits.--If any forest
management credits from a sale of forest products pursuant to section
102 are not used before the end of the period specified in subsection
(a), and no law providing authority to offer sales pursuant to section
102 after such period is enacted by Congress, such credits may be used
after such period in any sale of forest products that is authorized by
another law, is purchased by the purchaser of the sale in which the
credits were earned, and is conducted by the Secretary concerned who
had jurisdiction over the sale in which the credits were earned.
TITLE II--FIRE DANGER REDUCTION BY REMOVAL OF GRASSES AND FORBS
SEC. 201. REMOVAL OF EXCESS LEVELS OF GRASSES AND FORBS.
(a) Contracting Authority.--Whenever a county commission or other
unit of local government certifies to the Secretary concerned that
there is a danger of fire in a wildland/urban interface area as a
result of excessive levels of grasses and forbs on Federal lands in the
area and requests the removal of the excessive grasses and forbs, the
Secretary is authorized and encouraged to enter into contracts with
livestock operators or other parties for the removal of the excessive
grasses and forbs.
(b) Removal Methods.--In the case of a contract under subsection
(a) with a livestock operator, the operator shall use grazing to remove
the excessive grasses and forbs. In the case of contracts with other
persons, mechanical means, such as discing or mechanical mowing, shall
be used.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. REGULATIONS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary concerned shall prescribe such regulations as are
necessary and appropriate to implement this Act.
SEC. 302. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each of the first five
fiscal years beginning after the date of the enactment of this Act such
sums as may be necessary to carry out this Act. | TABLE OF CONTENTS:
Title I: Management of Wildland-Urban Interface Areas
Title II: Fire Danger Reduction By Removal of Grasses and Forbs
Title III: Miscellaneous Provisions
Community Protection and Hazardous Fuels Reduction Act of 1997 -
Title I: Management of Wildland-Urban Interface Areas
- Requires the Bureau of Land Management and the Forest Service to identify wildlife-urban interface areas (areas of Federal land in close proximity to communities and human habitations) with hazardous fuels buildups and other forest management needs.
(Sec. 102) Authorizes the Secretary of Agriculture or of the Interior to (temporarily) enter into forest product sales contracts in order to reduce hazardous fuels buildups in such areas, which may require the purchaser to undertake forest management projects under specified conditions in return for forest management credits.
Title II: Fire Danger Reduction by Removal of Grasses and
Forbs
- Authorizes the Secretary concerned, upon local certification of fire hazard due to excessive grasses and forbs in such areas, to enter into livestock grazing contracts for such vegetation's removal. Authorizes appropriations.
Title III: Miscellaneous Provisions
- Requires the Secretary concerned to issue implementing regulations within a specified time.
Authorizes program appropriations. | Community Protection and Hazardous Fuels Reduction Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizens' Self-Defense Act of
2011''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Police cannot protect, and are not legally liable for
failing to protect, individual citizens, as evidenced by the
following:
(A) The courts have consistently ruled that the
police do not have an obligation to protect
individuals, only the public in general. For example,
in Warren v. District of Columbia Metropolitan Police
Department, 444 A.2d 1 (D.C. App. 1981), the court
stated: ``[C]ourts have without exception concluded
that when a municipality or other governmental entity
undertakes to furnish police services, it assumes a
duty only to the public at large and not to individual
members of the community.''.
(B) Former Florida Attorney General Jim Smith told
Florida legislators that police responded to only
200,000 of 700,000 calls for help to Dade County
authorities.
(C) The United States Department of Justice found
that, in 1989, there were 168,881 crimes of violence
for which police had not responded within 1 hour.
(2) Citizens frequently must use firearms to defend
themselves, as evidenced by the following:
(A) Every year, more than 2,400,000 people in the
United States use a gun to defend themselves against
criminals--or more than 6,500 people a day. This means
that, each year, firearms are used 60 times more often
to protect the lives of honest citizens than to take
lives.
(B) Of the 2,400,000 self-defense cases, more than
192,000 are by women defending themselves against
sexual abuse.
(C) Of the 2,400,000 times citizens use their guns
to defend themselves every year, 92 percent merely
brandish their gun or fire a warning shot to scare off
their attackers. Less than 8 percent of the time, does
a citizen kill or wound his or her attacker.
(3) Law-abiding citizens, seeking only to provide for their
families' defense, are routinely prosecuted for brandishing or
using a firearm in self-defense. For example:
(A) In 2001, a grand jury had to rule on the case
of 2 brothers that used firearms to protect their lives
and their livelihood for their involvement in a fatal
shooting in Reisterstown, Maryland. The grand jury
decided not to press criminal charges. The brothers, at
the time, had encountered several burglaries at their
concrete business. The brothers spent the night in
their warehouse armed with shotguns. One night at 1:00
in the morning the burglars returned and the brothers
shot and killed 1 burglar and injured 2 of the others.
The 2 injured men were charged with burglary and 2
others were charged with burglary in connection with
burglaries that had occurred in a previous month at the
brother's warehouse. Burglary is known to be a violent
crime and the brothers were particularly worried when
they realized a gun of theirs had been stolen in a
previous break-in.
(B) In 2008, a Waukegan, Illinois, store clerk shot
and injured a robber. According to news reports, there
was potential the clerk could face criminal charges,
even though he acted in self-defense. The store clerk
did not have a firearm owner's identification card and
would be charged with a State firearms violation.
Additionally, Illinois law does not allow employees to
carry a gun in a place of business. Rather, the law
only allows individuals to carry a gun in a place of
business if that individual is the owner or has
proprietary interest.
(C) In September 2009, a Lithonia homeowner from
Dekalb County, Georgia, was charged with aggravated
assault after he shot someone who was trying to knock
down the door of his home as an attempt to break into
the residence. According to the neighbors, there had
been trouble in the neighborhood before. A police
spokesperson said the homeowner was charged because the
robber was technically not inside the home. The
suspected robber was charged with attempted burglary.
(D) In January 2004, Wilmette, Illinois, police
charged and convicted a homeowner with misdemeanors for
owning 2 handguns and violating the village handgun ban
ordinance. The homeowner was also faced with a
potential $750 fine for failing to renew his Illinois
firearm owner's identification card. These charges were
brought after he shot a home intruder. The resident
stated, ``My Plan A is to call 911 and keep the family
upstairs . . . But my Plan B is to have a loaded
firearm and put a bullet in the intruder.'' The
intruder entered the house 2 times, once through a dog
door and the second time with a stolen house key. The
homeowner had just put his children to bed when his
security system was set off. The homeowner went
downstairs and confronted and shot the intruder. The
intruder jumped through a window and stole the family's
car to go to the hospital. The intruder was charged
with 2 counts of residential burglary and 1 count of
possession of a stolen vehicle.
(4) The courts have granted immunity from prosecution to
police officers who use firearms in the line of duty.
Similarly, law-abiding citizens who use firearms to protect
themselves, their families, and their homes against violent
felons should not be subject to lawsuits by the violent felons
who sought to victimize them.
SEC. 3. RIGHT TO OBTAIN FIREARMS FOR SECURITY, AND TO USE FIREARMS IN
DEFENSE OF SELF, FAMILY, OR HOME; ENFORCEMENT.
(a) Reaffirmation of Right.--A person not prohibited from receiving
a firearm by section 922(g) of title 18, United States Code, shall have
the right to obtain firearms for security, and to use firearms--
(1) in defense of self or family against a reasonably
perceived threat of imminent and unlawful infliction of serious
bodily injury;
(2) in defense of self or family in the course of the
commission by another person of a violent felony against the
person or a member of the person's family; and
(3) in defense of the person's home in the course of the
commission of a felony by another person.
(b) Firearm Defined.--As used in subsection (a), the term
``firearm'' means--
(1) a shotgun (as defined in section 921(a)(5) of title 18,
United States Code);
(2) a rifle (as defined in section 921(a)(7) of title 18,
United States Code); or
(3) a handgun (as defined in section 10 of Public Law 99-
408).
(c) Enforcement of Right.--
(1) In general.--A person whose right under subsection (a)
is violated in any manner may bring an action in any United
States district court against the United States, any State, or
any person for damages, injunctive relief, and such other
relief as the court deems appropriate.
(2) Authority to award a reasonable attorney's fee.--In an
action brought under paragraph (1), the court, in its
discretion, may allow the prevailing plaintiff a reasonable
attorney's fee as part of the costs.
(3) Statute of limitations.--An action may not be brought
under paragraph (1) after the 5-year period that begins with
the date the violation described in paragraph (1) is
discovered. | Citizens' Self-Defense Act of 2011 - Declares that a person not prohibited under the Brady Handgun Violence Prevention Act from receiving a firearm shall have the right to obtain firearms for security and to use firearms in defense of: (1) self or family against a reasonably perceived threat of imminent and unlawful infliction of serious bodily injury, (2) self or family in the course of the commission by another person of a violent felony against the person or a member of the person's family, and (3) the person's home in the course of the commission of a felony by another person.
Authorizes persons whose rights under this Act have been violated to bring an action in U.S. district court against the United States, any state, or any person for damages, injunctive relief, and such other relief as the court deems appropriate. | To protect the right to obtain firearms for security, and to use firearms in defense of self, family, or home, and to provide for the enforcement of such right. |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Rosa's Law''.
SEC. 2. INDIVIDUALS WITH INTELLECTUAL DISABILITIES.
(a) Higher Education Act of 1965.--Section 760(2)(A) of the Higher
Education Act of 1965 (20 U.S.C. 1140(2)(A)) is amended by striking
``mental retardation or''.
(b) Individuals With Disabilities Education Act.--
(1) Section 601(c)(12)(C) of the Individuals with Disabilities
Education Act (20 U.S.C. 1400(c)(12)(C)) is amended by striking
``having mental retardation'' and inserting ``having intellectual
disabilities''.
(2) Section 602 of such Act (20 U.S.C. 1401) is amended--
(A) in paragraph (3)(A)(i), by striking ``with mental
retardation'' and inserting ``with intellectual disabilities'';
and
(B) in paragraph (30)(C), by striking ``of mental
retardation'' and inserting ``of intellectual disabilities''.
(c) Elementary and Secondary Education Act of 1965.--Section
7202(16)(E) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7512(16)(E)) is amended by striking ``mild mental retardation,''
and inserting ``mild intellectual disabilities,''.
(d) Rehabilitation Act of 1973.--
(1) Section 7(21)(A)(iii) of the Rehabilitation Act of 1973 (29
U.S.C. 705(21)(A)(iii)) is amended by striking ``mental
retardation,'' and inserting ``intellectual disability,''.
(2) Section 204(b)(2)(C)(vi) of such Act (29 U.S.C.
764(b)(2)(C)(vi)) is amended by striking ``mental retardation and
other developmental disabilities'' and inserting ``intellectual
disabilities and other developmental disabilities''.
(3) Section 501(a) of such Act (29 U.S.C. 791(a)) is amended,
in the third sentence, by striking ``President's Committees on
Employment of People With Disabilities and on Mental Retardation''
and inserting ``President's Disability Employment Partnership Board
and the President's Committee for People with Intellectual
Disabilities''.
(e) Health Research and Health Services Amendments of 1976.--
Section 1001 of the Health Research and Health Services Amendments of
1976 (42 U.S.C. 217a-1) is amended by striking ``the Mental Retardation
Facilities and Community Mental Health Centers Construction Act of
1963,''.
(f) Public Health Service Act.--
(1) Section 317C(a)(4)(B)(i) of the Public Health Service Act
(42 U.S.C. 247b-4(a)(4)(B)(i)) is amended by striking ``mental
retardation;'' and inserting ``intellectual disabilities;''.
(2) Section 448 of such Act (42 U.S.C. 285g) is amended by
striking ``mental retardation,'' and inserting ``intellectual
disabilities,''.
(3) Section 450 of such Act (42 U.S.C. 285g-2) is amended to
read as follows:
``SEC. 450. RESEARCH ON INTELLECTUAL DISABILITIES.
``The Director of the Institute shall conduct and support research
and related activities into the causes, prevention, and treatment of
intellectual disabilities.''.
(4) Section 641(a) of such Act (42 U.S.C. 291k(a)) is amended
by striking ``matters relating to the mentally retarded'' and
inserting ``matters relating to individuals with intellectual
disabilities''.
(5) Section 753(b)(2)(E) of such Act (42 U.S.C. 294c(b)(2)(E))
is amended by striking ``elderly mentally retarded individuals''
and inserting ``elderly individuals with intellectual
disabilities''.
(6) Section 1252(f)(3)(E) of such Act (42 U.S.C. 300d-
52(f)(3)(E)) is amended by striking ``mental retardation/
developmental disorders,'' and inserting ``intellectual
disabilities or developmental disorders,''.
(g) Health Professions Education Partnerships Act of 1998.--Section
419(b)(1) of the Health Professions Education Partnerships Act of 1998
(42 U.S.C. 280f note) is amended by striking ``mental retardation'' and
inserting ``intellectual disabilities''.
(h) Public Law 110-154.--Section 1(a)(2)(B) of Public Law 110-154
(42 U.S.C. 285g note) is amended by striking ``mental retardation'' and
inserting ``intellectual disabilities''.
(i) National Sickle Cell Anemia, Cooley's Anemia, Tay-Sachs, and
Genetic Diseases Act.--Section 402 of the National Sickle Cell Anemia,
Cooley's Anemia, Tay-Sachs, and Genetic Diseases Act (42 U.S.C. 300b-1
note) is amended by striking ``leading to mental retardation'' and
inserting ``leading to intellectual disabilities''.
(j) Genetic Information Nondiscrimination Act of 2008.--Section
2(2) of the Genetic Information Nondiscrimination Act of 2008 (42
U.S.C. 2000ff note) is amended by striking ``mental retardation,'' and
inserting ``intellectual disabilities,''.
(k) References.--For purposes of each provision amended by this
section--
(1) a reference to ``an intellectual disability'' shall mean a
condition previously referred to as ``mental retardation'', or a
variation of this term, and shall have the same meaning with
respect to programs, or qualifications for programs, for
individuals with such a condition; and
(2) a reference to individuals with intellectual disabilities
shall mean individuals who were previously referred to as
individuals who are ``individuals with mental retardation'' or
``the mentally retarded'', or variations of those terms.
SEC. 3. REGULATIONS.
For purposes of regulations issued to carry out a provision amended
by this Act--
(1) before the regulations are amended to carry out this Act--
(A) a reference in the regulations to mental retardation
shall be considered to be a reference to an intellectual
disability; and
(B) a reference in the regulations to the mentally
retarded, or individuals who are mentally retarded, shall be
considered to be a reference to individuals with intellectual
disabilities; and
(2) in amending the regulations to carry out this Act, a
Federal agency shall ensure that the regulations clearly state--
(A) that an intellectual disability was formerly termed
mental retardation; and
(B) that individuals with intellectual disabilities were
formerly termed individuals who are mentally retarded.
SEC. 4. RULE OF CONSTRUCTION.
This Act shall be construed to make amendments to provisions of
Federal law to substitute the term ``an intellectual disability'' for
``mental retardation'', and ``individuals with intellectual
disabilities'' for ``the mentally retarded'' or ``individuals who are
mentally retarded'', without any intent to--
(1) change the coverage, eligibility, rights, responsibilities,
or definitions referred to in the amended provisions; or
(2) compel States to change terminology in State laws for
individuals covered by a provision amended by this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Rosa's Law - Amends the Higher Education Act of 1965, the Individuals with Disabilities Education Act, the Elementary and Secondary Education Act of 1965, the Rehabilitation Act of 1973, the Public Health Service Act, the Health Professions Education Partnerships Act of 1998, the National Sickle Cell Anemia Act, Cooley's Anemia, Tay-Sachs, and Genetic Diseases Act, the Genetic Information Nondiscrimination Act of 2008, and other federal enactments and regulations to change references to mental retardation to references to an intellectual disability.
Declares that the changes by this Act are made without any intent to: (1) change the coverage, eligibility, rights, responsibilities, or definitions referred to in the amended provisions; or (2) compel states to change terminology in state laws for individuals covered by a provision amended by this Act. | A bill to change references in Federal law to mental retardation to references to an intellectual disability, and to change references to a mentally retarded individual to references to an individual with an intellectual disability. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fracturing Regulations are Effective
in State Hands Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) hydraulic fracturing is a commercially viable practice
that has been used in the United States for more than 60 years
in more than 1,000,000 wells;
(2) the Ground Water Protection Council, a national
association of State water regulators that is considered to be
a leading groundwater protection organization in the United
States, released a report entitled ``State Oil and Natural Gas
Regulations Designed to Protect Water Resources'' and dated May
2009 finding that the ``current State regulation of oil and gas
activities is environmentally proactive and preventive'';
(3) that report also concluded that ``[a]ll oil and gas
producing States have regulations which are designed to provide
protection for water resources'';
(4) a 2004 study by the Environmental Protection Agency,
entitled ``Evaluation of Impacts to Underground Sources of
Drinking Water by Hydraulic Fracturing of Coalbed Methane
Reservoirs'', found no evidence of drinking water wells
contaminated by fracture fluid from the fracked formation;
(5) a 2009 report by the Ground Water Protection Council,
entitled ``State Oil and Natural Gas Regulations Designed to
Protect Water Resources'', found a ``lack of evidence'' that
hydraulic fracturing conducted in both deep and shallow
formations presents a risk of endangerment to ground water;
(6) a January 2009 resolution by the Interstate Oil and Gas
Compact Commission stated ``The states, who regulate
production, have comprehensive laws and regulations to ensure
operations are safe and to protect drinking water. States have
found no verified cases of groundwater contamination associated
with hydraulic fracturing.'';
(7) on May 24, 2011, before the Oversight and Government
Reform Committee of the House of Representatives, Lisa Jackson,
the Administrator of the Environmental Protection Agency,
testified that she was ``not aware of any proven case where the
fracking process itself has affected water'';
(8) in 2011, Bureau of Land Management Director Bob Abbey
stated, ``We have not seen evidence of any adverse effect as a
result of the use of the chemicals that are part of that
fracking technology.'';
(9)(A) activities relating to hydraulic fracturing (such as
surface discharges, wastewater disposal, and air emissions) are
already regulated at the Federal level under a variety of
environmental statutes, including portions of--
(i) the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.);
(ii) the Safe Drinking Water Act (42 U.S.C.
300f et seq.); and
(iii) the Clean Air Act (42 U.S.C. 7401 et
seq.); but
(B) Congress has continually elected not to include the
hydraulic fracturing process in the underground injection
control program under the Safe Drinking Water Act (42 U.S.C.
300f et seq.);
(10) in 2011, the Secretary of the Interior announced the
intention to promulgate new Federal regulations governing
hydraulic fracturing on Federal land; and
(11) a February 2012 study by the Energy Institute at the
University of Texas at Austin, entitled ``Fact-Based Regulation
for Environmental Protection in Shale Gas Development'', found
that ``[n]o evidence of chemicals from hydraulic fracturing
fluid has been found in aquifers as a result of fracturing
operations''.
SEC. 3. DEFINITION OF FEDERAL LAND.
In this Act, the term ``Federal land'' means--
(1) public lands (as defined in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702));
(2) National Forest System land;
(3) land under the jurisdiction of the Bureau of
Reclamation; and
(4) land under the jurisdiction of the Corps of Engineers.
SEC. 4. STATE AUTHORITY.
(a) In General.--A State shall have the sole authority to
promulgate or enforce any regulation, guidance, or permit requirement
regarding the underground injection of fluids or propping agents
pursuant to the hydraulic fracturing process, or any component of that
process, relating to oil, gas, or geothermal production activities on
or under any land within the boundaries of the State.
(b) Federal Land.--The underground injection of fluids or propping
agents pursuant to the hydraulic fracturing process, or any components
of that process, relating to oil, gas, or geothermal production
activities on Federal land shall be subject to the law of the State in
which the land is located. | Fracturing Regulations are Effective in State Hands Act - Grants any state sole authority to promulgate or enforce any regulation, guidance, or permit requirement with regard to the underground injection of fluids or propping agents pursuant to the hydraulic fracturing process, or any component of such process, relating to oil, gas, or geothermal production activities on or under land within the boundaries of that state.
Makes the underground injection of fluids or propping agents pursuant to such process, or any components of such process, relating to oil, gas, or geothermal production activities on federal land subject to the law of the state in which that land is located. | To clarify that a State has the sole authority to regulate hydraulic fracturing on Federal land within the boundaries of the State. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patent Fairness Act of 1999''.
SEC. 2. PATENT TERM RESTORATION REVIEW PROCEDURE FOR CERTAIN DRUG
PRODUCTS.
(a) Patent Term Restoration.--
(1) In general.--Chapter 14 of title 35, United States
Code, is amended by inserting after section 155A the following
new section:
``Sec. 155B. Patent term restoration review procedure for certain drug
products
``(a) Definitions.--For purposes of this section--
``(1) the term `Commissioner' means the Commissioner of
Patents and Trademarks; and
(2) the term `drug product' has the meaning given such term
under section 156(f)(2)(A).
``(b) Special Patent Term Review Procedure.--
``(1) In general.--The term of any patent, in force on
September 24, 1984, and on the date of the filing of an
application under this section, that claims--
``(A) a drug product,
``(B) a method of using a drug product, or
``(C) a method of manufacturing a drug product,
shall be restored under paragraph (4) from the expiration date
of the patent term determined under section 154 (including any
extension granted under section 156) if the Commissioner
determines that the standards under paragraph (2) have been
met.
``(2) Standards.--Upon application, filed under paragraph
(6), by the owner of record of a patent described in paragraph
(1) or its agent and consideration of the application and all
materials submitted by parties that would be aggrieved by grant
of the restoration of the term of such patent, the term of such
patent shall be restored if the Commissioner determines that--
``(A) the period set forth in section
156(g)(1)(B)(ii) for the drug product exceeded 60
months; and
``(B) there is no substantial evidence overcoming
the rebuttable presumption that the applicant for
patent term restoration for the drug product acted with
due diligence (as such term is defined in section
156(d)(3)) during the period referred to in section
156(g)(1)(B)(ii).
If the Commissioner determines there is substantial evidence
that the applicant for patent term restoration did not act with
due diligence during a part of the period referred to in
section 156(g)(1)(B)(ii) that part shall be deducted from the
total amount of time in such period for purposes of paragraph
(4).
``(3) Records.--The Commissioner may request and obtain
relevant records from the Food and Drug Administration to
verify the facts underlying the Commissioner's determinations
under paragraph (2). Such records shall be afforded the same
protections against public disclosure that apply to such
records when in the possession of the Food and Drug
Administration.
``(4) Restoration term.--If the Commissioner determines
that the standards in paragraph (2) have been met for a patent,
the term of such patent shall be restored for a restoration
period equal to the period set forth in section
156(g)(1)(B)(ii) for the drug product that is the subject of an
application under paragraph (6), except that--
``(A) the restoration period shall be reduced by
any deduction made pursuant to paragraph (2);
``(B) if the sum of--
``(i) the remaining term of such patent
after the date of the approval of the drug
product covered by the patent under the
provision of law under which the regulatory review occurred, and
``(ii) the restoration period as revised
under subparagraph (A),
exceeds 14 years, the restoration period shall be reduced so
that the total of such periods does not exceed 14 years; and
``(C) the restoration period, after any adjustment
required by subparagraph (A) or (B) plus any previous
extension of the patent term under section 156(c),
shall not exceed 5 years.
``(5) Infringement.--During the period of any restoration
granted under this subsection, the rights derived from a patent
the term of which is restored shall be determined in accordance
with sections 156(b) and 271.
``(6) Procedure.--
``(A) Time for filing.--An application under this
section shall be filed with the Commissioner within 90
days after the date of the enactment of this section.
``(B) Filing and determination.--Upon the filing of
an application to the Commissioner under this section--
``(i) the Commissioner shall publish within
30 days of its filing a notice in the Federal
Register of receipt of the application;
``(ii) any party who would be aggrieved by
the granting of a patent term restoration under
the application may submit comments on the
application within the 30-day period beginning
on the date of publication of the notice under
clause (i);
``(iii) within 7 days following the
expiration of the 30-day comment period, the
Commissioner shall forward a copy of all
comments received to the applicant who shall be
entitled to submit a response to such comments
to the Commissioner within 30 days after
receipt of the comments from the Commissioner;
``(iv) within 30 days following the receipt
of the applicant's response to comments or, if
there are no such comments, within 30 days
following expiration of the 30-day comment
period, the Commissioner shall, in writing--
``(I) determine whether to grant
the patent term restoration for which
the application was filed; and
``(II) make specific findings
regarding the criteria set forth in
paragraph (2); and
``(V) if the Commissioner grants such
patent term restoration, on the same date that
the Commissioner makes the determination under
clause (iv) the Commissioner shall--
``(I) issue to the applicant a
certificate of patent term restoration,
under seal, for the period prescribed
under paragraph (4); and
``(II) record the certificate in
the official file of the patent, which
certificate shall be in effect from
such date and shall be considered a
part of the original patent.
``(C) Interim restoration.--If the term of a patent
that is the subject of an application filed under this
section would otherwise expire before a determination
under subparagraph (B)(iv) is made, the Commissioner
shall extend the term of such patent until--
``(i) a determination is made under such
subparagraph to restore the term of such
patent, or
``(ii) 60 days after a determination is
made under such subparagraph to not restore the
patent term,
as applicable. If the Commissioner determines not to
restore the patent term, then during the 60-day period
described in clause (ii), an applicant may apply to the
United States Court of Appeals for the Federal Circuit
for an order directing the Commissioner to extend the
patent pending judicial review and subsequent
Commissioner action following that review.
``(D) Record.--The Commissioner's determination
under subparagraph (B)(iv) shall be based solely on the
record developed under this subsection.
``(7) Application fee.--The applicant shall pay a fee for
an application made under paragraph (6) which shall be
established in accordance with the same criteria applicable to
fees required under section 156(h). If no such fee has been
established at the time of the application, the applicant may
provide the Commissioner with an undertaking, satisfactory to the
Commissioner, to pay the subsequently established fee.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 14 of title 35, United States Code, is
amended by inserting after the item relating to section 155A
the following:
``155B. Patent term restoration review procedure for certain drug
products.''.
(b) Appeal of Determinations of the Commissioner.--Section 141 of
the title 35, United States Code, is amended by adding at the end the
following: ``The applicant under section 155B or any aggrieved party
that made a submission commenting on an application made under such
section may appeal the determination of the Commissioner with respect
to the application involved under such section only to the United
States Court of Appeals for the Federal Circuit.''.
(c) Court Jurisdiction.--Section 1295(a)(4) of title 28, United
States Code, is amended--
(1) in subparagraph (B), by striking ``or'' after the
semicolon;
(2) in subparagraph (C), by adding ``or'' after the
semicolon; and
(3) by inserting after subparagraph (C) the following:
``(D) the Commissioner of Patents and Trademarks
under section 155B of title 35;''.
(d) Compensation.--
(1) In general.--In the event a person has submitted an
application described in section 505(b)(2) or 505(j) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(2),(j))
for a drug product covered by a patent for which a patent term
restoration was provided under section 155B of title 35, United
States Code (as added by subsection (a)(1)) and such
application has been found by the Food and Drug Administration
on or before the date of the enactment of this section to be
sufficiently complete to permit substantive review, such person
shall be entitled to compensation of $1,000,000 by the patent
owner. Any holder of a Type II Drug Master File that has
permitted a reference to its Type II Drug Master File to be
made in such application shall be entitled to compensation of
$500,000 by the patent owner.
(2) Limits on liability.--A patent owner shall not be
required to make under paragraph (1) payments exceeding--
(A) $5,000,000 to persons submitting applications
described in such paragraph, or
(B) $2,500,000 to holders of Type II Drug Master
Files.
If the aggregate limits are insufficient to pay the applicants
or holders the full amounts specified in paragraph (1), each
such applicant or holder shall be paid its per capita share of
the aggregate liability imposed by paragraph (1) upon the
patent holder.
(e) Effect of Filing of Abbreviated Applications.--The fact that
one or more applications have been filed under section 505(b)(2) or
505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355(b)(2),(j)) for approval of a drug or a method of using a drug which
is claimed by a patent that is the subject of an application under
section 155B of title 35, United States Code, for restoration of the
patent term shall not affect the grant of such patent term restoration.
(f) Report.--Not later than 1 year after the date of the enactment
of this section, the Commissioner of Patents and Trademarks shall
submit to Congress a report evaluating the patent term restoration
review procedure established under section 155B of title 35, United
States Code, and shall include in such report a recommendation whether
Congress should consider establishing such a patent term review
procedure for patents not covered by such section.
(g) Effective Date.--The owner of record of a patent referred to in
section 155B(b)(1) of title 35, United States Code (as added by
subsection (a)(1)) or an agent of the owner shall be immediately
eligible on the date of the enactment of this section to submit an
application to the Commissioner of Patents and Trademarks for a
determination in accordance with section 155B(b)(6) of such title. | (Sec. 2) Defines such standards as: (1) a regulatory review period from application submission to application approval exceeding 60 months; and (2) the absence of substantial evidence overcoming the rebuttable presumption that the applicant for patent term restoration for the drug product acted with due diligence. Requires subtraction from the total amount of the restoration term of any time during the regulatory review period during which the Commissioner finds that the applicant for patent term restoration did not act with due diligence.
Limits a restoration period, after specified adjustments, to five years.
Requires restoration term applications to be filed within 90 days after enactment of this Act.
Provides for: (1) claim determination procedure; (2) interim restoration of the patent term pending final disposition; and (3) appeal of the Commissioner's determinations to the U.S. Court of Appeals for the Federal Circuit only.
Entitles to compensation by the patent owner of any person who has submitted an new drug application under the Federal Food, Drug, and Cosmetic Act for a drug product covered by a patent for which a patent term was restored under this Act, if such application has been found by the Food and Drug Administration on or before enactment of this Act to be sufficiently complete to permit substantive review. Sets the amount of compensation at: (1)$1 million; or (2) $500,000 for any holder of a Type II Drug Master File that has permitted a reference to its File to be made in such application. Limits a patent owner's overall liability to: (1) $5 million to persons submitting new drug applications; or (2) $2.5 million to holders of Type II Drug Master Files.
Requires the Commissioner to report to Congress: (1) an evaluation of the patent term restoration review procedure established by this Act; and (2) a recommendation whether Congress should consider establishing such a patent term review procedure for patents not covered by this Act. | Patent Fairness Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disaster Relief Volunteer Protection
Act of 2006''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) It is in the national interest to encourage individuals
to volunteer to assist victims of national disasters.
(2) The exposure of potential volunteers, their employers,
and those who would use volunteers' services under existing law
to compensatory and punitive damages for negligent acts
discourages the provision of these services.
(3) The availability of damages in these circumstances for
actions that constitute gross negligence creates uncertainty
concerning the actual conduct that might cause liability to be
imposed on volunteers.
(4) Potential liability for acts of volunteers discourages
the employers or business partners of potential volunteers from
permitting those potential volunteers to provide disaster
relief services.
(5) Potential liability for acts of volunteers discourages
entities that might use the services provided by volunteers in
national disasters from doing so.
(6) Well-founded fear of liability under existing law for
providing goods discourages governmental and intergovernmental
entities from providing needed disaster relief goods.
(7) Well-founded fear of liability for punitive damages
under existing law discourages governmental and
intergovernmental entities from providing needed disaster
relief goods and discourages potential volunteers from
providing volunteer services to disaster victims.
(8) Fear of compensatory and punitive damages for providing
volunteer services deters potential volunteers from states
located outside the national disaster area from providing
volunteer services.
(9) Fear of compensatory and punitive damages for providing
volunteer services deters potential foreign volunteers from
providing disaster relief services.
(10) Any lessening of liability for volunteers providing
disaster relief services, their employers and business
partners, and entities utilizing their services should maintain
adequate incentives for each of these classes of persons or
entities to avoid causing harm.
(11) Unwillingness to provide volunteer services to
disaster victims in the face of uncertain liability
substantially affects, burdens, and deters interstate commerce
and travel.
(12) Unwillingness of employers and business partners to
allow their employees and business partners to provide disaster
relief services in the face of uncertain liability
substantially affects, burdens, and deters interstate commerce
and travel.
(13) Unwillingness of persons, entities, or organizations
to accept disaster relief services from volunteers in the face
of uncertain liability substantially affects, burdens, and
deters interstate commerce and travel.
(14) Unwillingness by foreigners to provide voluntary
disaster relief services in the face of uncertain liability
substantially affects, burdens, and deters foreign commerce and
travel.
(15) Unless Congress provides uniform standards to address
disasters that could occur in any State or combination of
states, potential volunteers and others will not be certain
which laws would govern their providing disaster relief
services, which would substantially affect, burden, and deter
interstate and foreign commerce and travel in the event of a
national disaster.
SEC. 3. DISASTER RELIEF VOLUNTEERS.
(a) Liability of Disaster Relief Volunteers.--A disaster relief
volunteer shall not be liable for any injury (including personal
injury, property damage or loss, and death) caused by an act or
omission of such volunteer in connection with such volunteer's
providing or facilitating the provision of disaster relief services
if--
(1) the injury was not caused by willful, wanton, or
reckless misconduct by the volunteer; and
(2) the injury was not caused by the volunteer's operating
a motor vehicle, vessel, aircraft, or other vehicle for which
the state requires the operator or the owner of the vehicle,
craft, or vessel to--
(A) possess an operator's license; or
(B) maintain insurance.
(b) Liability of Employer or Partner of Disaster Relief
Volunteer.--An employer or business partner of a disaster relief
volunteer shall not be liable for any act or omission of such volunteer
in connection with such volunteer's providing or facilitating the
provision of disaster relief services.
(c) Liability of Host or Enabling Person, Entity, or
Organization.--A person or entity, including a governmental entity,
that works with, accepts services from, or makes its facilities
available to a disaster relief volunteer to enable such volunteer to
provide disaster relief services shall not be liable for any act or
omission of such volunteer in connection with such volunteer's
providing such services.
(d) Liability of Nonprofit Organizations.--A nonprofit organization
shall not be liable for any injury (including personal injury, property
damage or loss, and death) caused by an act or omission in connection
with such nonprofit organization's providing or facilitating the
provision of disaster relief services if the injury was not caused by
willful, wanton, or reckless misconduct by the nonprofit organization.
(e) Liability of Governmental and Intergovernmental Entities for
Donations of Disaster Relief Goods.--A governmental or
intergovernmental entity that donates to an agency or instrumentality
of the United States disaster relief goods shall not be liable for any
injury (including personal injury, property damage or loss, and death)
caused by such donated goods if the injury was not caused by willful,
wanton, or reckless misconduct by such governmental or
intergovernmental entity.
(f) Limitation on Punitive and Noneconomic Damages Based on Actions
of Disaster Relief Volunteers and Governmental Donors.--
(1) Punitive damages.--Unless the claimant establishes by
clear and convincing evidence that its damages were proximately
caused by willful, wanton, or reckless misconduct by either--
(A) a disaster relief volunteer in any civil action
brought for injury caused by the volunteer's providing
or facilitating the provision of disaster relief
services; or
(B) a governmental or intergovernmental entity in
any civil action brought for injury caused by disaster
relief goods donated by such governmental or
intergovernmental entity;
punitive damages may not be awarded in any civil action against
such a volunteer or governmental entity.
(2) Noneconomic damages.--
(A) General rule.--In any civil action brought
against--
(i) a disaster relief volunteer for injury
caused by such volunteer's providing or
facilitating the provision of disaster relief
services; or
(ii) a governmental or intergovernmental
entity for injury caused by disaster relief
goods donated by such governmental entity;
liability for noneconomic loss, if permitted under
subsection (a) or (e) of this section, shall be
determined in accordance with this subparagraph.
(B) Amount of liability.--(i) The amount of
noneconomic loss allocated to the disaster relief
volunteer or governmental or intergovernmental entity
defendant shall be in direct proportion to the
percentage of responsibility of that defendant
(determined in accordance with clause (ii)) for the
harm to the claimant with respect to which that
defendant is liable. The court shall render a separate
judgment against each defendant in an amount determined
pursuant to this section.
(ii) For purposes of determining the amount of
noneconomic loss allocated to a defendant, the trier of
fact shall determine the percentage of responsibility
of each person or entity responsible for the claimant's
harm, whether or not such person or entity is a party
to the action.
(g) Construction.--Nothing in this section shall be construed to
abrogate or limit any protection that a volunteer, as defined in the
Volunteer Protection Act of 1997 (42 U.S.C. 14501 et seq.), may be
entitled to under that Act. Neither shall anything in this section be
construed to confer any private right of action or to abrogate or limit
any protection with respect to either liability or damages that any
disaster relief volunteer or governmental or intergovernmental entity
may be entitled to under any other provision of law.
(h) Supplemental Declaration.--If a Disaster Declaration is issued,
the President, the Secretary of Health and Human Services, or the
Secretary of Homeland Security may issue a Supplemental Declaration
under this section.
(1) Temporal effect.--Such Supplemental Declaration may
provide that, for purposes of this section, such Disaster
Declaration shall have such temporal effect as the President or
the Secretary may deem necessary or appropriate to further the
public interest, including providing that such Disaster
Declaration shall have an effective date earlier than the date
of the declaration or determination of such Disaster
Declaration.
(2) Geographic and other conditions.--Such Supplemental
Declaration may provide that, for purposes of this section,
such Disaster Declaration shall have such geographic or other
conditions as the President or the Secretary may deem necessary
or appropriate to further the public interest.
(i) Licensing, Certification, and Authorization.--This section
shall not apply to a disaster relief volunteer where the disaster
relief service such volunteer provides is of a type that generally
requires a license, certificate, or authorization, and the disaster
relief volunteer lacks such license, certificate, or authorization,
unless--
(1) such volunteer is licensed, certified, or authorized to
provide such services in any State to the extent required, if
any, by the appropriate authorities of that State, even if such
State is not the State in which the disaster relief volunteer
provides disaster relief services; or
(2) otherwise specified in a Disaster Declaration or
Supplemental Declaration under this section.
(j) Definitions.--For purposes of this section:
(1) The term ``Disaster Declaration'' means--
(A) a public health emergency declaration by the
Secretary of Health and Human Services under section
319 of the Public Health Service Act (42 U.S.C. 247d);
(B) a declaration of a public health emergency or a
risk of such emergency as determined by the Secretary
of Homeland Security in accordance with clause (i) or
clause (ii) of section 2811(b)(3)(A) of such Act (42
U.S.C. 300hh-11(b)(3)(A)) and section 503(5) of the
Homeland Security Act of 2002 (6 U.S.C. 313(5)); or
(C) an emergency or major disaster declaration by
the President under section 401 or 501 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170 or 5191).
(2) The term ``disaster relief volunteer'' means an
individual who provides disaster relief services in connection
with a Disaster Declaration without expectation or receipt of
compensation in exchange for providing such services.
(3) The term ``disaster relief services'' means services or
assistance provided in preparation for, response to, or
recovery from any event that is the subject of a Disaster
Declaration, including but not limited to health, medical, fire
fighting, rescue, reconstruction, and any other services or
assistance specified by a Supplemental Declaration under this
section as necessary or desirable to prepare for, respond to,
or recover from an event that is the subject of a Disaster
Declaration.
(4) The term ``disaster relief good'' means either--
(A) those goods provided in preparation for,
response to, or recovery from any event that is the
subject of a Disaster Declaration and reasonably
necessary to such preparation, response, or recovery;
or
(B) those goods defined by a Disaster Declaration
or Supplemental Declaration under this section.
(5) The term ``noneconomic loss'' means losses for physical
and emotional pain, suffering, inconvenience, physical
impairment, mental anguish, disfigurement, loss of enjoyment of
life, loss of society and companionship, loss of consortium
(other than loss of domestic service), hedonic damages, injury
to reputation, and all other nonpecuniary losses of any kind or
nature.
(6) The term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Northern Mariana
Islands, any other territory or possession of the United
States, or any political subdivision of any such State,
territory, or possession, and (for purposes of subsection (h))
any foreign country.
(7) The term ``compensation'' means monetary or other
compensation of any kind provided in exchange for an
individual's services, but does not include--
(A) reasonable reimbursement or allowance for
expenses actually incurred by such an individual;
(B) provision of reasonable supplies, lodging, or
transportation to such an individual; or
(C) such an individual's ordinary salary or
compensation paid by his or her employer while such
individual is on leave from his or her ordinary duties
with such employer in order to provide disaster relief
services. | Disaster Relief Volunteer Protection Act of 2006 - Provides liability protection for individuals who volunteer to assist victims of national disasters for any injury (including personal injury, property damage or loss, and death) caused by an act or omission in connection with disaster relief services provided or facilitated by the volunteer, if: (1) the injury was not caused by willful, wanton, or reckless misconduct; and (2) the injury was not caused by the volunteer's operating a motor vehicle, vessel, aircraft, or other vehicle for which the state requires the operator or the owner to possess an operator's license or maintain insurance.
Extends such liability protection to: (1) the volunteer's employer, host, or enabling person, entity, or organization; (2) nonprofit organizations providing or facilitating disaster relief services; or (3) governmental or intergovernmental entity that donates disaster relief goods to a U.S. agency or instrumentality for any injury caused by such donated goods.
Prohibits the award of punitive damages in any civil action against a disaster relief volunteer or governmental or intergovernmental entity, unless willful, wanton, or reckless misconduct is established by clear and convincing evidence.
Provides for proportionate liability for noneconomic damages. | To provide liability protection for individuals who volunteer to assist victims of national disasters. |
ACT
REMEDIES TO TELEPHONE BILLING FOR MISCELLANEOUS PRODUCTS
OR SERVICES.
The Telephone Disclosure and Dispute Resolution Act (15 U.S.C. 5701
et seq.) is amended by adding at the end the following new title:
``TITLE V--UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN CONNECTION WITH
MISCELLANEOUS PRODUCTS OR SERVICES
``SEC. 501. BILLING OF MISCELLANEOUS PRODUCT OR SERVICE CHARGES.
``(a) Billing Rules.--The Commission shall, in accordance with the
requirements of this section, prescribe rules to protect consumers from
unfair and deceptive acts and practices in the billing of miscellaneous
product or service charges. Such rules shall--
``(1) prohibit any person (including billing aggregators
and service providers) from submitting for billing on telephone
bills miscellaneous product or service charges that have not
been authorized by the subscriber to be billed;
``(2) require that any person submitting miscellaneous
product or service charges for billing--
``(A) include an account authorization code that
would not generally be known by anyone other than the
subscriber and the entity issuing the telephone bill
and that reliably indicates that the subscriber
authorized the charge; or
``(B) comply with such other procedures as the
Commission may require to reliably indicate that the
subscriber authorized the charge;
``(3) require that the bill for each provider of
miscellaneous products or services--
``(A) be on a page of the telephone bill that is
separate from the charges for telephone exchange and
telephone toll services;
``(B) describe in reasonable detail each
miscellaneous product or service billed;
``(C) identify any miscellaneous product or service
charges that are recurring; and
``(D) include the name and toll free telephone
number of each miscellaneous product or service
provider and the name and toll free telephone number of
any billing aggregator;
``(4) require that a telephone bill that includes
miscellaneous product or service charges includes a
notification, on each page that summarizes or itemizes
miscellaneous product or service charges, that the subscriber
may direct billing disputes to the common carrier issuing the
bill and provide a toll-free telephone number for that purpose;
``(5) require that a subscriber initiating a billing
dispute by calling the telephone number referred to in
paragraph (4) within 90 days after the date on which the charge
appears on the telephone bill of the subscriber shall
immediately receive a credit for any disputed miscellaneous
product or service charges; and
``(6) provide that--
``(A) a subscriber may--
``(i) instruct its common carrier not to
bill for any miscellaneous product or service
charges; or
``(ii) to the extent the Commission from
time to time determines is technically feasible
for the common carrier to implement, instruct
its common carrier not to bill for
subcategories of products or services or for
particular providers or billing aggregators, as
specified by the subscriber;
``(B) such instruction may be given either orally
or in writing (at the election of the subscriber);
``(C) a subscriber may instruct a common carrier to
resume billing miscellaneous charges either orally or
in writing (at the election of the subscriber); and
``(D) in verifying such instructions the common
carrier shall use adequate internal control procedures
for verifying that the request is authorized by the
subscriber.
``(b) Dispute Resolution Rules.--To the extent not already covered
by Federal statutes or regulations in effect on the date of enactment
of this section, the Commission shall adopt rules governing the
procedures for a subscriber and a miscellaneous product or service
provider to resolve a billing dispute after the disputed charges have
been credited to the subscriber's account in accordance with subsection
(a). Such rules shall include rules designed to prevent fraudulent
submission of billing disputes by subscribers.
``(c) Right To Discontinue Billing.--
``(1) Authority to discontinue billing.--Subject to
paragraph (2), if a common carrier reasonably believes that
charges are being submitted for billing in violation of this
section, the regulations adopted under this section, or any
other Federal or State statute or regulation, the carrier,
after written notice to the Commission describing the action
and the reasons therefor--
``(A) may discontinue billing for any miscellaneous
product or service provider or any billing aggregator
submitting miscellaneous product or service charges;
``(B) may discontinue billing for any type or
category of miscellaneous product or service; or
``(C) may discontinue billing for any type or
category of miscellaneous product or service submitted
by an individual product or service provider or billing
aggregator.
``(2) Authority subject to other law.--No action by a
common carrier under paragraph (1) shall be exempt from any
other Federal or State law prohibiting anticompetitive or
discriminatory acts or practices.
``(d) Rulemaking.--
``(1) Schedule and procedure.--The Commission shall
prescribe the rules under this section within 270 days after
the date of enactment of this Act. Such rules shall be
prescribed in accordance with section 553 of title 5, United
States Code.
``(2) Treatment of rule.--A rule prescribed under this
subsection shall be treated as a rule issued under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57(a)(1)(B)).
``(e) Enforcement.--Any violation of any rule prescribed under
subsection (a) shall be treated as a violation of a rule under section
5 of the Federal Trade Commission Act (15 U.S.C. 45) regarding unfair
or deceptive acts or practices. Notwithstanding section 5(a)(2) of such
Act (15 U.S.C. 45(a)(2)), communications common carriers shall be
subject to the jurisdiction of the Commission for purposes of this
title.
``(f) Applicability.--The regulations required by this section
shall apply to miscellaneous product or service charges first billed
after the effective date of those regulations.
``SEC. 502. RELATION TO STATE LAWS.
``(a) State Law Applicable Unless Inconsistent.--This title does
not annul, alter, or affect, or exempt any person subject to the
provisions of this title from complying with, the laws of any State
with respect to telephone billing or other credit billing practices,
except to the extent that those laws are inconsistent with any
provision of this title, and then only to the extent of the
inconsistency. The Commission is authorized to determine whether such
inconsistencies exist. The Commission may not determine that any State
law is inconsistent with any provision of this chapter if the
Commission determines that such law gives greater protection to the
consumer.
``(b) Regulatory Exemptions.--The Commission shall by regulation
exempt from the requirements of this title any class of acts and
practices subject to the rules prescribed under subsection (a) within
any State if it determines that under the law of that State that class
of transactions is subject to requirements substantially similar to
those imposed under this chapter or that such law gives greater
protection to the consumer, and that there is adequate provision for
enforcement.
``SEC. 503. ENFORCEMENT BY COMMISSION.
``The Commission shall enforce the requirements of this title. For
the purpose of the exercise by the Commission of its functions and
powers under the Federal Trade Commission Act, a violation of any
requirement imposed under this title shall be deemed a violation of a
requirement imposed under that Act. All the functions and powers of the
Commission under that Act are available to the Commission to enforce
compliance by any person with the requirements imposed under this
title, irrespective of whether that person is engaged in commerce or
meets any other jurisdictional tests in that Act. The Commission may
prescribe such regulations as are necessary or appropriate to implement
the provisions of this title.
``SEC. 504. ACTIONS BY STATES.
``(a) In General.--Whenever an attorney general of any State has
reason to believe that the interests of the residents of that State
have been or are being threatened or adversely affected because any
person has engaged or is engaging in a pattern or practice which
violates any rule of the Commission under section 501(a), the State may
bring a civil action on behalf of its residents in an appropriate
district court of the United States to enjoin such pattern or practice,
to enforce compliance with such rule of the Commission, to obtain
damages on behalf of their residents, or to obtain such further and
other relief as the court may deem appropriate.
``(b) Notice.--The State shall serve prior written notice of any
civil action under subsection (a) upon the Commission and provide the
Commission with a copy of its complaint, except that if it is not
feasible for the State to provide such prior notice, the State shall
serve such notice immediately upon instituting such action. Upon
receiving a notice respecting a civil action, the Commission shall have
the right (1) to intervene in such action, (2) upon so intervening, to
be heard on all matters arising therein, and (3) to file petitions for
appeal.
``(c) Venue.--Any civil action brought under this section in a
district court of the United States may be brought in the district
wherein the defendant is found or is an inhabitant or transacts
business or wherein the violation occurred or is occurring, and process
in such cases may be served in any district in which the defendant is
an inhabitant or wherever the defendant may be found.
``(d) Investigatory Powers.--For purposes of bringing any civil
action under this section, nothing in this Act shall prevent the
attorney general from exercising the powers conferred on the attorney
general by the laws of such State to conduct investigations or to
administer oaths or affirmations or to compel the attendance of
witnesses or the production of documentary and other evidence.
``(e) Effect on State Court Proceedings.--Nothing contained in this
section shall prohibit an authorized State official from proceeding in
State court on the basis of an alleged violation of any general civil
or criminal antifraud statute of such State.
``(f) Limitation.--Whenever the Commission has instituted a civil
action for violation of any rule or regulation under this Act, no State
may, during the pendency of such action instituted by the Commission,
subsequently institute a civil action against any defendant named in
the Commission's complaint for violation of any rule as alleged in the
Commission's complaint.
``(g) Actions by Other State Officials.--
``(1) Nothing contained in this section shall prohibit an
authorized State official from proceeding in State court on the
basis of an alleged violation of any general civil or criminal
statute of such State.
``(2) In addition to actions brought by an attorney general
of a State under subsection (a), such an action may be brought
by officers of such State who are authorized by the State to
bring actions in such State for protection of consumers and who
are designated by the Commission to bring an action under
subsection (a) against persons that the Commission has
determined have or are engaged in a pattern or practice which
violates a rule of the Commission under section 501(a).
``SEC. 505. DEFINITIONS.
``As used in this title:
``(1) Billing aggregator.--The term `billing aggregator'
means a person who aggregates the charges of one or more
providers of miscellaneous products or services and transmits
them to be included in a telephone bill.
``(2) Billing dispute.--The term `billing dispute' consists
of any one or more of the following claims:
``(A) that a miscellaneous product or service
charge was not authorized by the subscriber;
``(B) that a miscellaneous product or service
charge was not in an amount authorized by the
subscriber; or
``(C) that a miscellaneous product or service
charge was transmitted for a product or service that
was not provided to the subscriber.
``(3) Commission.-- The term `Commission' means the Federal
Trade Commission.
``(4) Common carrier, local exchange carrier, telephone
exchange service, and telephone toll service.--The terms
`common carrier', `local exchange carrier', `telephone exchange
service', and `telephone toll service' have the meanings
provided in section 3 of the Communications Act of 1934.
``(5) Miscellaneous product or service.--The term
`miscellaneous product or service' means any product or service
that is not--
``(A) telephone exchange service, telephone toll
service, or services that are provided by the
subscriber's selected provider of telephone exchange
service or telephone toll service and that the
Commission defines by rule as services that are
ancillary to telephone exchange service or telephone
toll service;
``(B) pay-per-call services subject to the
provisions of title II of this Act; or
``(C) telephone billed purchases subject to the
provisions of title III of this Act.
``(5) Miscellaneous product or service charges.--The term
`miscellaneous product or service charges' means charges for
miscellaneous product or services that are billed on a
telephone bill.
``(6) Subscriber.--The term `subscriber' means the party
identified in the account records of a common carrier issuing a
telephone bill (or on whose behalf a telephone bill is issued),
any other person identified in such records as authorized to
change the services subscribed to or to charge services to the
account, and any person otherwise lawfully authorized to
represent such party.
``(7) Telephone bill.--The term `telephone bill' means a
bill--
``(A) for telephone exchange service and other
services issued by or on behalf of a common carrier to
its telephone exchange service customers; or
``(B) for telephone toll service and other services
issued by or on behalf of a common carrier to its
telephone toll service customers.''. | Anti-Cramming Protection Act of 1998 - Amends the Telephone Disclosure and Dispute Resolution Act to direct the Federal Trade Commission (FTC) to prescribe rules to protect consumers from unfair and deceptive acts in the billing of miscellaneous product or service charges. Prohibits any person from submitting for billing on telephone bills miscellaneous product or service charges which have not been authorized by the subscriber. Outlines further requirements with respect to the identification, and notification to the subscriber, of such miscellaneous charges. Authorizes a subscriber to instruct its common carrier not to bill for any miscellaneous product or service charges or for certain subcategories of such products or services.
Directs the FTC to adopt rules for dispute resolution between a subscriber and a provider of miscellaneous products or services. Authorizes a common carrier to discontinue customer billing if it reasonably believes that charges are being submitted to such carrier for billing in violation of this section.
Provides for enforcement of FTC rules adopted pursuant to this Act. Recognizes any applicable State law not inconsistent with this Act. Directs the FTC to enforce the requirements of this Act. Authorizes the attorney general of a State, or other authorized State officials, to bring a civil action on behalf of its residents for violations of this Act, after prior written notice to the FTC. | Anti-Cramming Protection Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Care Quality Incentive Act of
2003''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Recent research on early brain development reveals that
much of a child's growth is determined by early learning and
nurturing care. Research also shows that quality early care and
education leads to increased cognitive abilities, positive
classroom learning behavior, increased likelihood of long-term
school success, and greater likelihood of long-term economic
and social self-sufficiency.
(2) Each day an estimated 13,000,000 children, including
6,000,000 infants and toddlers, spend some part of their day in
child care. However, a study in 4 States found that only 1 in 7
child care centers provide care that promotes healthy
development, while 1 in 8 child care centers provide care that
threatens the safety and health of children.
(3) Full-day child care can cost $4,000 to $12,000 per
year.
(4) Although Federal assistance is available for child
care, funding is severely limited. Even with Federal subsidies,
many families cannot afford child care. For families with young
children and a monthly income under $1,200, the cost of child
care typically consumes 25 percent of their income.
(5) Payment (or reimbursement) rates, which determine the
maximum the State will reimburse a child care provider for the
care of a child who receives a subsidy, are too low to ensure
that quality care is accessible to all families.
(6) Low payment rates directly affect the kind of care
children get and whether families can find quality child care
in their communities. In many instances, low payment rates
force child care providers serving low-income children to cut
corners in ways that impact the quality of care for the
children, including reducing the number of staff, eliminating
professional development opportunities, and cutting enriching
educational activities and services.
(7) Children in low-quality child care are more likely to
have delayed reading and language skills, and display more
aggression toward other children and adults.
(8) Increased payment rates lead to higher quality child
care as child care providers are able to attract and retain
qualified staff, provide salary increases and professional
training, maintain a safe and healthy environment, and purchase
basic supplies, children's literature, and developmentally
appropriate educational materials.
(b) Purpose.--The purpose of this Act is to improve the quality of,
and access to, child care by increasing child care payment rates.
SEC. 3. PAYMENT RATES.
Section 658E(c)(4) of the Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9858c(c)(4)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
(2) in subparagraph (A), by striking ``to comparable child
care services'' and inserting ``to child care services that are
comparable (in terms of quality and types of services provided)
to child care services''; and
(3) by inserting after subparagraph (A) the following:
``(B) Payment rates.--
``(i) Surveys.--In order to provide the
certification described in subparagraph (A),
the State shall conduct statistically valid and
reliable market rate surveys (that reflect
variations in the cost of child care services
by locality), in accordance with such
methodology standards as the Secretary shall
issue. The State shall conduct the surveys not
less often than at 2-year intervals, and use
the results of such surveys to implement, not
later than 1 year after conducting each survey,
payment rates described in subparagraph (A)
that ensure equal access to comparable services
as required by subparagraph (A).
``(ii) Cost of living adjustments.--The
State shall adjust the payment rates at
intervals between such surveys to reflect
increases in the cost of living, in such manner
as the Secretary may specify.
``(iii) Rates for different ages and types
of care.--The State shall ensure that the
payment rates reflect variations in the cost of
providing child care services for children of
different ages and providing different types of
care.
``(iv) Public dissemination.--The State
shall, not later than 30 days after the
completion of each survey described in clause
(i), make the results of the survey widely
available through public means, including
posting the results on the Internet.''.
SEC. 4. INCENTIVE GRANTS TO IMPROVE THE QUALITY OF CHILD CARE.
(a) Funding.--Section 658B of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858) is amended--
(1) by striking ``There'' and inserting the following:
``(a) Authorization of Appropriations.--There'';
(2) in subsection (a), by inserting ``(other than section
658H)'' after ``this subchapter''; and
(3) by adding at the end the following:
``(b) Appropriation of Funds for Grants To Improve the Quality of
Child Care.--Out of any funds in the Treasury that are not otherwise
appropriated, there is authorized to be appropriated and there is
appropriated $500,000,000 for each of fiscal years 2004 through 2008,
for the purpose of making grants under section 658H.''.
(b) Use of Block Grant Funds.--Section 658E(c)(3) of the Child Care
and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3)) is
amended--
(1) in subparagraph (B), by striking ``under this
subchapter'' and inserting ``under this subchapter (other than
section 658B(b))''; and
(2) in subparagraph (D), by inserting ``(other than section
658H)'' after ``under this subchapter''.
(c) Establishment of Program.--Section 658G of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858e) is amended by
inserting ``(other than section 658H)'' after ``this subchapter''.
(d) Grants To Improve the Quality of Child Care.--The Child Care
and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is
amended by inserting after section 658G the following:
``SEC. 658H. GRANTS TO IMPROVE THE QUALITY OF CHILD CARE.
``(a) Authority.--
``(1) In general.--The Secretary shall use the amount
appropriated under section 658B(b) for a fiscal year to make
grants to eligible States, and Indian tribes and tribal
organizations, in accordance with this section.
``(2) Annual payments.--The Secretary shall make an annual
payment for such a grant to each eligible State, and for Indian
tribes and tribal organizations, out of the corresponding
payment or allotment made under subsections (a), (b), and (e)
of section 658O from the amount appropriated under section
658B(b).
``(b) Eligible States.--
``(1) In general.--In this section, the term `eligible
State' means a State that--
``(A) has conducted a statistically valid survey of
the market rates for child care services in the State
within the 2 years preceding the date of the submission
of an application under paragraph (2); and
``(B) submits an application in accordance with
paragraph (2).
``(2) Application.--
``(A) In general.--To be eligible to receive a
grant under this section, a State shall submit an
application to the Secretary at such time, in such
manner, and accompanied by such information, in
addition to the information required under subparagraph
(B), as the Secretary may require.
``(B) Information required.--Each application
submitted for a grant under this section shall--
``(i) detail the methodology and results of
the State market rates survey conducted
pursuant to paragraph (1)(A);
``(ii) describe the State's plan to
increase payment rates from the initial
baseline determined under clause (i);
``(iii) describe how the State will
increase payment rates in accordance with the
market survey results, for all types of child
care providers who provide services for which
assistance is made available under this
subchapter;
``(iv) describe how payment rates will be
set to reflect the variations in the cost of
providing care for children of different ages
and different types of care;
``(v) describe how the State will
prioritize increasing payment rates for--
``(I) care of higher-than-average
quality, such as care by accredited
providers or care that includes the
provision of comprehensive services;
``(II) care for children with
disabilities and children served by
child protective services; or
``(III) care for children in
communities served by local educational
agencies that have been identified
for improvement under section 1116(c)(3) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6316(c)(3));
``(vi) describe the State's plan to assure
that the State will make the payments on a
timely basis and follow the usual and customary
market practices with regard to payment for
child absentee days; and
``(vii) describe the State's plans for
making the results of the survey widely
available through public means.
``(3) Continuing eligibility requirement.--
``(A) Second and subsequent payments.--A State
shall be eligible to receive a second or subsequent
annual payment under this section only if the Secretary
determines that the State has made progress, through
the activities assisted under this subchapter, in
maintaining increased payment rates.
``(B) Third and subsequent payments.--A State shall
be eligible to receive a third or subsequent annual
payment under this section only if the State has
conducted, at least once every 2 years, an update of
the survey described in paragraph (1)(A).
``(4) Requirement of matching funds.--
``(A) In general.--To be eligible to receive a
grant under this section, the State shall agree to make
available State contributions from State sources toward
the costs of the activities to be carried out by the
State pursuant to subsection (c) in an amount that is
not less than 20 percent of such costs.
``(B) Determination of state contributions.--Such
State contributions shall be in cash. Amounts provided
by the Federal Government may not be included in
determining the amount of such State contributions.
``(c) Use of Funds.--
``(1) Priority use.--An eligible State that receives a
grant under this section shall use the funds received to
significantly increase the payment rate for the provision of
child care assistance in accordance with this subchapter up to
the 100th percentile of the market rate determined under the
market rate survey described in subsection (b)(1)(A).
``(2) Additional uses.--An eligible State that demonstrates
to the Secretary that the State has achieved a payment rate of
the 100th percentile of the market rate determined under the
market rate survey described in subsection (b)(1)(A) may use
funds received under a grant made under this section for any
other activity that the State demonstrates to the Secretary
will enhance the quality of child care services provided in the
State.
``(3) Supplement not supplant.--Amounts paid to a State
under this section shall be used to supplement and not supplant
other Federal, State, or local funds provided to the State
under this subchapter or any other provision of law.
``(d) Evaluations and Reports.--
``(1) State evaluations.--Each eligible State shall submit
to the Secretary, at such time and in such form and manner as
the Secretary may require, information regarding the State's
efforts to increase payment rates and the impact increased
payment rates are having on the quality of child care in the
State and the access of parents to high-quality child care in
the State.
``(2) Reports to congress.--The Secretary shall submit
biennial reports to Congress on the information described in
paragraph (1). Such reports shall include data from the
applications submitted under subsection (b)(2) as a baseline
for determining the progress of each eligible State in
maintaining increased payment rates.
``(e) Indian Tribes and Tribal Organizations.--The Secretary shall
determine the manner in which and the extent to which the provisions of
this section apply to Indian tribes and tribal organizations.
``(f) Payment Rate.--In this section, the term `payment rate' means
the rate of reimbursement to providers for subsidized child care.''.
(e) Payments.--Section 658J(a) of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858h(a)) is amended by inserting
``from funds appropriated under section 658B(a)'' after ``section
658O''.
(f) Allotment.--Section 658O of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858m) is amended--
(1) in subsection (b)(1), in the matter preceding
subparagraph (A)--
(A) by striking ``section 658B'' and inserting
``section 658B(a)''; and
(B) by inserting ``and from the amounts
appropriated under section 658B(b) for each fiscal year
remaining after reservations under subsection (a),''
before ``the Secretary shall allot''; and
(2) in subsection (e)--
(A) in paragraph (1), by striking ``the allotment
under subsection (b)'' and inserting ``an allotment
made under subsection (b)''; and
(B) in paragraph (3), by inserting
``corresponding'' before ``allotment''. | Child Care Quality Incentive Act of 2003 - Amends the Child Care and Development Block Grant Act of 1990 to revise requirements relating to child care payment rates.Requires States to conduct market rate surveys, at least once every two years, to determine their child care payment rates under the block grant program, including cost-of-living adjustments and consideration of variations in localities, children's ages, and types of services.Establishes a program of incentive grants to States and Indian tribes to improve the quality of, and access to, child care by increasing child care payment rates. Makes separate appropriations for such incentive grants in specified amounts for FY 2004 through FY 2008 (prohibiting use of block grant funds for such incentive grants).Authorizes the Secretary of Health and Human Services to make an annual incentive grant payment to an eligible State only if the State has conducted a statistically valid survey of the market rates for child care services in the State within the two years before it submits an application containing information on such survey and the State's plans to increase its child care payment rates. Requires an eligible State that receives such a grant to make priority use of its funds to increase significantly (up to the 100th percentile of the market rate survey) the rate of reimbursement to providers for subsidized child care (with any remaining funds to be used to improve the quality of child care services). Requires a State matching contribution of at least 20 percent of incentive grant program activity costs. | A bill to amend the Child Care and Development Block Grant Act of 1990 to provide incentive grants to improve the quality of child care. |
SECTION 1. WELLNESS PROGRAM EMPLOYER CREDIT.
(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 inserting after section 45Q the following new
section:
``SEC. 45R. WELLNESS PROGRAM EMPLOYER CREDIT.
``(a) General Rule.--For purposes of section 38, the wellness
program employer credit determined under this section for any taxable
year is an amount equal to 30 percent of the expenses paid or incurred
by the eligible employer during the taxable year to develop and
implement a qualified wellness program.
``(b) Dollar Limitation.--The amount of the credit determined under
this section for any taxable year shall not exceed $400 per qualified
employee employed by the eligible employer during the taxable year.
``(c) Definitions.--For purposes of this section--
``(1) Eligible employer.--With respect to a taxable year,
the term `eligible employer' means an employer who--
``(A) develops and implements a qualified wellness
program, and
``(B) keeps accurate records of the preventive
services and other programs in which the eligible
employer's employees have participated during the
taxable year.
``(2) Qualified wellness program.--With respect to an
eligible employer, the term `qualified wellness program' means
a program--
``(A) that is developed and implemented by the
eligible employer, in consultation with an individual
who has implemented a wellness program for a different
employer and who will ensure compliance with
appropriate measures to protect the privacy of program
participants,
``(B) that conducts health risk assessments for
each of the program's participants,
``(C) that offers at least 2 of the preventive
services strongly recommended by the U.S. Preventive
Services Task Force on an annual basis,
``(D) that offers annual counseling sessions and
seminars related to at least 4 of the following:
``(i) smoking,
``(ii) obesity,
``(iii) stress management,
``(iv) physical fitness,
``(v) nutrition,
``(vi) substance abuse,
``(vii) depression,
``(viii) mental health,
``(ix) heart disease, and
``(x) maternal and infant health, and
``(E) whose qualified participants include not less
than 60 percent of the eligible employer's full-time
employees.
``(3) Qualified employee.--With respect to an eligible
employer, the term `qualified employee' means an individual who
is--
``(A) a full-time employee of the eligible
employer, and
``(B) a qualified participant in the eligible
employer's qualified wellness program.
``(4) Qualified participant.--With respect to a taxable
year, the term `qualified participant' means an individual--
``(A) who participates in at least 4 of the annual
preventive services or other programs offered through a
qualified wellness program during the taxable year, and
``(B) with respect to whom a health risk assessment
has been conducted during the taxable year,
as determined by the eligible employer who has developed and
implemented such qualified wellness program.
``(d) Termination.--This section shall not apply in taxable years
beginning after December 31, 2014.''.
(b) Conforming Amendments.--
(1) Section 38(b) of such Code is amended by striking
``plus'' at the end of paragraph (34), by striking the period
at the end of paragraph (35) and inserting ``, plus'', and by
adding at the end the following new paragraph:
``(36) the wellness program employer credit determined
under section 45R(a).''.
(2) 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 45Q the following new item:
``Sec. 45R. Wellness program employer credit.''.
(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. 2. WELLNESS PROGRAM PARTICIPANT CREDIT.
(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 25D the
following new section:
``SEC. 25E. WELLNESS PROGRAM PARTICIPANT CREDIT.
``(a) Allowance of Credit.--In the case of a qualified employee,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to $400.
``(b) Definitions.--For purposes of this section--
``(1) Qualified employee.--With respect to an eligible
employer, the term `qualified employee' means an individual who
is--
``(A) a full-time employee of the eligible
employer, and
``(B) a qualified participant in the eligible
employer's qualified wellness program.
``(2) Qualified participant.--With respect to a taxable
year, the term `qualified participant' means an individual--
``(A) who participates in at least 4 of the annual
preventive services or other programs offered through a
qualified wellness program during the taxable year, and
``(B) with respect to whom a health risk assessment
has been conducted during the taxable year,
as determined by the eligible employer who has developed and
implemented such qualified wellness program.
``(3) Qualified wellness program.--With respect to an
eligible employer, the term `qualified wellness program' means
a program--
``(A) that is developed and implemented by the
eligible employer, in consultation with an individual
who has implemented a wellness program for a different
employer and who will ensure compliance with
appropriate measures to protect the privacy of program
participants,
``(B) that conducts health risk assessments for
each of the program's participants,
``(C) that offers at least 2 of the preventive
services strongly recommended by the U.S. Preventive
Services Task Force on an annual basis,
``(D) that offers annual counseling sessions and
seminars related to at least 4 of the following:
``(i) smoking,
``(ii) obesity,
``(iii) stress management,
``(iv) physical fitness,
``(v) nutrition,
``(vi) substance abuse,
``(vii) depression,
``(viii) mental health,
``(ix) heart disease, and
``(x) maternal and infant health, and
``(E) whose qualified participants include not less
than 60 percent of the eligible employer's full-time
employees.
``(4) Eligible employer.--With respect to a taxable year,
the term `eligible employer' means an employer who--
``(A) develops and implements a qualified wellness
program, and
``(B) keeps accurate records of the preventive
services and other programs in which the eligible
employer's employees have participated during the
taxable year.
``(c) Termination.--This section shall not apply in taxable years
beginning after December 31, 2014.''.
(b) Conforming Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25D the following new
item:
``Sec. 25E. Wellness program participant credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Amends the Internal Revenue Code to allow employers a tax credit to develop and implement a wellness program that: (1) conducts health risk assessments for each program participant; (2) offers annually at least two preventive services recommended by the U.S. Preventive Services Task Force; (3) offers annual counseling sessions and seminars on preventive health topics; and (4) includes as participants not less than 60% of an employer's full-time employees. Provides an additional tax credit for full-time employees who participate in their employer's qualified wellness program. Terminates such credits after 2014. | To amend the Internal Revenue Code of 1986 to provide tax incentives for employer-provided wellness programs. |
SECTION 1. IMPROVEMENT OF THE AFFORDABILITY OF THE CREDIT.
(a) In General.--Section 35(a) of the Internal Revenue Code of 1986
is amended by striking ``February 13, 2011'' and inserting ``July 1,
2012''.
(b) Conforming Amendment.--Section 7527(b) of such Code is amended
by striking ``February 13, 2011'' and inserting ``July 1, 2012''.
(c) Effective Date.--The amendments made by this section shall
apply to coverage months beginning after February 12, 2011.
SEC. 2. PAYMENT FOR THE MONTHLY PREMIUMS PAID PRIOR TO COMMENCEMENT OF
THE ADVANCE PAYMENTS OF CREDIT.
(a) In General.--Section 7527(e) of the Internal Revenue Code of
1986 is amended by striking ``February 13, 2011'' and inserting ``July
1, 2012''.
(b) Effective Date.--The amendment made by this section shall apply
to coverage months beginning after February 12, 2011.
SEC. 3. TAA RECIPIENTS NOT ENROLLED IN TRAINING PROGRAMS ELIGIBLE FOR
CREDIT.
(a) In General.--Section 35(c)(2)(B) of the Internal Revenue Code
of 1986 is amended by striking ``February 13, 2011'' and inserting
``July 1, 2012''.
(b) Effective Date.--The amendment made by this section shall apply
to coverage months beginning after February 12, 2011.
SEC. 4. TAA PRE-CERTIFICATION PERIOD RULE FOR PURPOSES OF DETERMINING
WHETHER THERE IS A 63-DAY LAPSE IN CREDITABLE COVERAGE.
(a) IRC Amendment.--Section 9801(c)(2)(D) of the Internal Revenue
Code of 1986 is amended by striking ``February 13, 2011'' and inserting
``July 1, 2012''.
(b) ERISA Amendment.--Section 701(c)(2)(C) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1181(c)(2)(C)) is
amended by striking ``February 13, 2011'' and inserting ``July 1,
2012''.
(c) PHSA Amendment.--Section 2701(c)(2)(C) of the Public Health
Service Act (42 U.S.C. 300gg(c)(2)(C)) is amended by striking
``February 13, 2011'' and inserting ``July 1, 2012''.
(d) Effective Date.--The amendments made by this section shall
apply to plan years beginning after February 12, 2011.
SEC. 5. CONTINUED QUALIFICATION OF FAMILY MEMBERS AFTER CERTAIN EVENTS.
(a) In General.--Section 35(g)(9) of the Internal Revenue Code of
1986 is amended by striking ``February 13, 2011'' and inserting ``July
1, 2012''.
(b) Conforming Amendment.--Section 173(f)(8) of the Workforce
Investment Act of 1998 (29 U.S.C. 2918(f)(8)) is amended by striking
``February 13, 2011'' and inserting ``July 1, 2012''.
(c) Effective Date.--The amendments made by this section shall
apply to months beginning after February 12, 2011.
SEC. 6. EXTENSION OF COBRA BENEFITS FOR CERTAIN TAA-ELIGIBLE
INDIVIDUALS AND PBGC RECIPIENTS.
(a) ERISA Amendments.--
(1) PBGC recipients.--Section 602(2)(A)(v) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1162(2)(A)(v)) is amended by striking ``February 12, 2011'' and
inserting ``June 30, 2012''.
(2) TAA-eligible individuals.--Section 602(2)(A)(vi) of
such Act (29 U.S.C. 1162(2)(A)(vi)) is amended by striking
``February 12, 2011'' and inserting ``June 30, 2012''.
(b) IRC Amendments.--
(1) PBGC recipients.--Section 4980B(f)(2)(B)(i)(V) of the
Internal Revenue Code of 1986 is amended by striking ``February
12, 2011'' and inserting ``June 30, 2012''.
(2) TAA-eligible individuals.--Section
4980B(f)(2)(B)(i)(VI) of such Code is amended by striking
``February 12, 2011'' and inserting ``June 30, 2012''.
(c) PHSA Amendments.--Section 2202(2)(A)(iv) of the Public Health
Service Act (42 U.S.C. 300bb-2(2)(A)(iv)) is amended by striking
``February 12, 2011'' and inserting ``June 30, 2012''.
(d) Effective Date.--The amendments made by this section shall
apply to periods of coverage which would (without regard to the
amendments made by this section) end on or after February 12, 2011.
SEC. 7. ADDITION OF COVERAGE THROUGH VOLUNTARY EMPLOYEES' BENEFICIARY
ASSOCIATIONS.
(a) In General.--Section 35(e)(1)(K) of the Internal Revenue Code
of 1986 is amended by striking ``February 13, 2011'' and inserting
``July 1, 2012''.
(b) Effective Date.--The amendment made by this section shall apply
to coverage months beginning after February 12, 2011.
SEC. 8. NOTICE REQUIREMENTS.
(a) In General.--Section 7527(d)(2) of the Internal Revenue Code of
1986 is amended by striking ``February 13, 2011'' and inserting ``July
1, 2012''.
(b) Effective Date.--The amendment made by this section shall apply
to certificates issued after February 12, 2011.
SEC. 9. APPLICATION OF LEVY TO PAYMENTS TO FEDERAL VENDORS RELATING TO
PROPERTY.
(a) In General.--Section 6331(h)(3) of the Internal Revenue Code of
1986 is amended by striking ``of goods or services'' and all that
follows and inserting ``of--
``(A) goods or services sold or leased to the
Federal Government, or
``(B) in the case of levies issued during the 2-
year period beginning after the date of the enactment
of this subparagraph, property so sold or leased.''.
(b) Effective Date.--The amendment made by this section shall apply
to levies issued after the date of the enactment of this Act. | Amends the Internal Revenue Code to extend through June 30, 2012, the increased 80% tax credit for health insurance costs (including advance payments) for trade adjustment assistance (TAA) and Pension Benefit Guaranty Corporation (PBGC) pension recipients.
Makes TAA recipients who are in a break in training under a training program, or who are receiving unemployment compensation, eligible for such tax credit for the period through June 30, 2012.
Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974 (ERISA), and the Public Health Service Act (PHSA) to extend through June 30, 2012, the TAA pre-certification period rule disregarding any 63-day lapse in creditable health care coverage for TAA workers.
Extends the continued eligibility for the credit for qualifying family members and certain qualified TAA-eligible individuals and PBGC pension recipients for COBRA premium assistance through June 30, 2012.
Extends through June 30, 2012, coverage under an employee benefit plan funded by a voluntary employees' beneficiary association established pursuant to an order of a bankruptcy court, or by agreement with an authorized representative.
Expands for the two-year period beginning after the enactment of this Act the continuous tax levy on payments to vendors for goods and services leased to the federal government to include payments for all property sold or leased to the federal government. | A bill to amend the Internal Revenue Code of 1986 to extend the health insurance costs tax credit, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stevie Wonder Congressional Gold
Medal Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Stevland Hardaway Judkins, later known as Stevie
Wonder, born in Saginaw, Michigan to Lula Mae Hardaway on May
13, 1950, has been a major figure in the music industry for the
past 40 years.
(2) Born prematurely, Stevie Wonder was placed in an
incubator where an excess of oxygen exacerbated a visual
condition known as retinopathy of prematurity, which ultimately
caused his blindness.
(3) In 1961, Ronnie White of the Miracles arranged an
audition with Motown Records' Berry Gordy Jr, who quickly
signed him and named him ``Little'' Stevie Wonder.
(4) His first album, ``Little Stevie Wonder: the 12 Year
Old Genius'', made the child a huge star, and produced a number
1 hit with the single ``Fingertips'' (Part 2) in 1963.
(5) The following year, Stevie Wonder enrolled in the
Michigan School for the Blind, where he studied classical
piano.
(6) In 1964, Wonder recorded little while his voiced
changed and he returned in 1965 without the ``Little''
nickname.
(7) His first recording as a teenager ``Uptight
(Everything's Alright),'' which he co-wrote with Henry Cosby
and Sylvia Moy, was a number 3 pop hit in the United States and
hit number 1 on the rhythm and blues charts; this was the
beginning of a string of number 1 hits that continued unbroken
for over 6 years.
(8) Stevie Wonder co-wrote almost all of his singles from
1967 onwards, and collaborated with some of the most notable
Motown artists.
(9) Shortly after reaching his 21st birthday in the spring
of 1971, his recording contract with Motown Records expired,
and he conditioned his return on obtaining complete artistic
control of his records.
(10) Motown Records agreed and he became the youngest
artist with the ability to artistically control his career.
(11) In 1976, Stevie Wonder's double album ``Songs in the
Key of Life'' was another huge critical commercial success with
2 number 1 pop hits, ``Sir Duke'' and ``I Wish'', as well as
the classic ``Isn't She Lovely''.
(12) With no new music for the next 3 years, aside from the
release of the mostly instrumental soundtrack to the
documentary The Secret Life Of Plants in 1979, he returned to
pop with ``Hotter Than July'' in 1980, which included the
United States pop Top 5 hit ``Masterblaster (Jamming)''.
(13) ``Hotter Than July'' also included the hit single
``Happy Birthday,'' which Stevie Wonder, one of the main
figures in the campaign to have the birthday of Dr. Martin
Luther King, Jr. become a national holiday, used to popularize
the movement.
(14) Wonder, along with the Congressional Black Caucus and
other civil rights organizations, hosted the Rally for Peace
Press Conference in 1981 in Washington, D.C., where he was
joined by a peaceful crowd of 50,000 supporters, and such
personalities as Diana Ross, Gladys Knight, Jesse Jackson, and
Gil Scott-Heron.
(15) The first Martin Luther King Day was celebrated on
January 15, 1986, with a concert headlined by Stevie Wonder.
(16) Stevie Wonder pioneered the use of the synthesizer in
rhythm and blues, and also broadened his lyrics to encompass
racial problems and spiritual concerns.
(17) In his acceptance speech as the recipient of the 1984
Oscar for Best Song, he dedicated his award to then imprisoned
civil rights leader Nelson Mandela; the South African
government promptly banned Wonder's music from that country.
(18) In 1985, Stevie Wonder performed on the number 1
charity singles ``We Are the World'' by USA for Africa and
``That's What Friends Are For'' by Dionne Warwick & Friends;
both songs raised awareness about famine in Africa and the AIDS
epidemic, respectively.
(19) Stevie Wonder returned quickly with the new album,
``Characters'' in 1987 which was a hit on the rhythm and blues
side, topping the album charts and producing a number 1 hit in
``Skeletons.'' and was his final release of the 1980s.
(20) He returned in 1991 with the soundtrack to the Spike
Lee film, Jungle Fever, and his next full album was 1995's
``Conversation Peace''.
(21) He won two Grammy's for the single ``For Your Love''.
(22) Since then, Motown has released a number of re-masters
and compilations to continue Wonder's vast legacy.
(23) ``A Time to Love'', Wonder's first new album in 10
years, was released in 2005.
(24) Stevie Wonder has recorded more than 30 Top10 hits,
won 22 Grammy Awards (a record for a solo artist), including a
Grammy Lifetime Achievement Award and has been inducted into
both the Rock and Roll and the Songwriters Halls of Fame.
(25) He is the recipient of countless other awards and
honors such as the U.S. Distinguished Service Award, 1999
MusiCares Person of the Year, Rhythm and Blues Foundation
Pioneer Awards Lifetime Achievement, NAACP Image Award, United
in Recovery's Ambassador of Peace Award, and an ASCAP Founders
Award.
(26) Stevie Wonder has become one of the most successful
and well-known artists in the world, with 9 United States
number 1 hits to his name and album sales totaling more than
100,000,000 units.
(27) Stevie Wonder has also been active in such social
causes as Mothers Against Drunk Driving, the Retinitis
Pigmentosa Foundation, and his annual House Full of Toys
Benefit Concert and he is a leading figure in the ``Charge
Against Hunger'' in conjunction with American Express, which
has raised over $150,000,000 dollars to feed nearly 6,000,000
underprivileged people yearly.
(28) At age 49, Stevie Wonder was the youngest-ever
recipient in the 22-year history of Kennedy Center Honors,
given annually for lifetime contribution to arts and culture,
and presented to Stevie Wonder by President Bill Clinton in
Washington D.C., December 5, 1999.
(29) On October 17th, 2006, Stevie Wonder received a
Lifetime Achievement Award from the National Civil Rights
Museum in Memphis, Tennessee.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of the
Congress, of a gold medal of appropriate design to Stevie Wonder, in
recognition of his ground-breaking musical achievements, activism, and
contributions to the music industry.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions, to be determined by the Secretary.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 3 under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--The medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all medals struck under this Act shall be
considered to be numismatic items.
SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority to Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund, such
amounts as may be necessary to pay for the costs of the medals struck
pursuant to this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals authorized under section 3 shall be deposited into the
United States Mint Public Enterprise Fund. | Stevie Wonder Congressional Gold Medal Act - Provides for the presentation of a congressional gold medal to Stevie Wonder in recognition of his ground-breaking musical achievements, activism, and contributions to the music industry. | To award a Congressional Gold Medal to Stevie Wonder, in recognition of his ground-breaking musical achievements, activism, and contributions to the music industry. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``California Seamounts and Ridges
National Marine Conservation Area Designation and Management Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The California Seamounts and Ridges National Marine
Conservation Area established by this Act contains a series of
ancient volcanos and underwater geological features in the
Exclusive Economic Zone.
(2) Found on the seamounts, ridges, and banks in the
Conservation Area are rare deep-water corals, sponges,
anemones, tunas, sharks, seabirds, marine mammals (including
orcas, sperm whales, and blue whales), endangered sea turtles,
octopuses, and diverse fish populations, some of which are
endemic to the area.
(3) The only hydrothermal vents in the continental
Exclusive Economic Zone are found on Gorda Ridge located off
the north coast of California and the south coast of Oregon.
(4) These areas' remote location and depth contribute to
their remarkably pristine condition, limited human footprint,
and reputation as a vital frontier for scientific discovery,
with research expeditions continuing to yield new and rare
species, greater understanding about ecological relationships,
and renewed appreciation of the uniqueness of deep-sea
ecosystems.
(5) Despite currently limited direct pressure from
extractive use, the Conservation Area is undergoing rapid
change due to warming waters, ocean acidification, and
ecological stress from pollution and other sources the
management of which transcends the jurisdiction of any single
government agency or department.
(6) According to many scientists, comprehensive marine
habitat protection is one of the most important actions for
building resilience in ocean environments to current and
emerging challenges presented by anthropogenic and other
stressors impacting marine ecosystems.
(b) Purpose.--The purpose of this Act is to protect, conserve, and
enhance for the benefit and enjoyment of present and future generations
the nationally significant historical, natural, cultural, scientific,
and educational values of the California Seamounts and Ridges National
Marine Conservation Area.
SEC. 3. DEFINITIONS.
In this Act:
(1) Exclusive economic zone.--The term ``Exclusive Economic
Zone'' means the Exclusive Economic Zone of the United States
established by Presidential Proclamation No. 5030 of March 10,
1983.
(2) Conservation area.--The term ``Conservation Area''
means the California Seamounts and Ridges National Marine
Conservation Area established by section 4(a).
(3) Outer continental shelf.--The term ``Outer Continental
Shelf'' has the meaning given the term ``outer Continental
Shelf'' in section 2 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1331).
SEC. 4. DESIGNATION.
(a) Establishment.--There is established the California Seamounts
and Ridges National Marine Conservation Area, consisting of the waters
of the Exclusive Economic Zone and the Outer Continental Shelf
contained in the area described in subsection (b).
(b) Area Described.--The area referred to in subsection (a)--
(1) is the area generally depicted as the Conservation Area
on the map entitled ``____'' and dated ___, as is more
particularly described by the Secretary of Commerce and the
Secretary of the Interior under subsection (c); and
(2) includes--
(A) Gorda Ridge;
(B) the portion of Mendocino Ridge in the
Conservation Area west of longitude 125 40' 4.8" W;
and
(C) Guide, Pioneer, Taney, Gumdrop, Rodriguez, San
Juan, and Northeast seamounts.
(c) Detail Boundary Description and Map.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of Commerce and the
Secretary of the Interior shall jointly develop a detailed
boundary description and map of the Conservation Area.
(2) Force and effect.--The map and boundary description
developed under paragraph (1) shall have the same force and
effect as if included in this Act, except that the Secretaries
may correct any minor errors in the map and boundary
descriptions.
(3) Public availability.--The map and boundary description
developed under paragraph (1) shall be on file and available
for public inspection within the management plan required under
section 5 of this Act.
SEC. 5. ADMINISTRATION.
(a) In General.--The Secretary of Commerce and the Secretary of the
Interior shall have joint responsibility for management of the
California Seamounts and Ridges National Marine Conservation Area.
(b) Consultation and Management.--
(1) In general.--The Secretaries may not implement the
establishment of the Conservation Area without--
(A) direct and thorough consultation with the
Pacific Fishery Management Council, stakeholders from
commercial and recreational fishing sectors, and other
key fishery groups, including working with such persons
and affected Indian tribes to develop and implement a
plan for the comprehensive and long-term protection and
management of the Conservation Area; and
(B) prior, timely, and ongoing notice and
consultation between the Secretaries and affected
Indian tribes, including working with such Indian
tribes to--
(i) develop and implement mutually agreed-
upon plans for the comprehensive and long-term
protection and management of the Conservation
Area; and
(ii) ensure that management of the
Conservation Area does not in any way impact
traditional uses of the waters of the
Conservation Area by members of such tribes.
(2) Prohibitions.--
(A) In general.--The plan required under paragraph
(1)(A) shall, subject to subparagraph (B) and
subsections (c) and (d), prohibit--
(i) exploring for, developing, or producing
oil, gas, or minerals;
(ii) using or attempting to use poisons,
electrical charges, or explosives in the
collection or harvest of any living or
nonliving marine resource;
(iii) intentionally introducing or
otherwise releasing an introduced species from
within or into the Conservation Area;
(iv) anchoring on or having a vessel
anchored on any living or dead coral in the
Conservation Area;
(v) drilling into, dredging, or otherwise
altering the Outer Continental Shelf in the
Conservation Area; and
(vi) other activities determined by the
Secretary, as appropriate for the long-term
protection and management of the Conservation
Area.
(B) Exceptions.--The prohibitions set forth in
subparagraph (A) shall not apply to--
(i) activities and exercises of the Armed
Forces (including those carried out by the
Coast Guard) that are consistent with
applicable laws;
(ii) actions necessary to respond to
emergencies threatening life, property, or the
environment, and activities necessary for
national security or law enforcement purposes;
(iii) scientific exploration or research
activities, subject to such terms and
conditions as the Secretaries consider
necessary for the care and management of the
living and nonliving marine resources of the
Conservation Area;
(iv) the troll Albacore fishery; and
(v) recreational fishing and charter
fishing, as those terms are defined in section
2 of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1802).
(c) Emergencies, National Security, and Law Enforcement
Activities.--
(1) In general.--The prohibitions required by subsection
(b) shall not apply to activities necessary to respond to
emergencies threatening life, property, or the environment, or
to activities necessary for national security or law
enforcement purposes.
(2) Emergency response.--Nothing in this Act limits the
authority of government agencies to take actions to respond to
emergencies that pose an unacceptable threat to human health or
safety or to the marine environment and for which there is no
other feasible solution.
(d) Armed Forces Actions.--
(1) In general.--The prohibitions required by subsection
(b) shall not apply to activities and exercises of the Armed
Forces, including those carried out by the Coast Guard.
(2) Compliance with this act.--The Armed Forces shall
ensure, by the adoption of appropriate measures not impairing
their operations or operational capabilities, that its vessels
and aircraft operate in a manner consistent, so far as is
reasonable and practicable, with this Act.
(3) Destruction of, loss of, or injury to living marine
resources.--In the event of threatened or actual destruction
of, loss of, or injury to a living marine resource of the
Conservation Area resulting from an incident caused by a
component of the Department of Defense or the Coast Guard,
including as a result of a spill of oil or other hazardous
material or vessel grounding, the responsible component shall
promptly coordinate with the Secretary of the Interior or
Commerce, as appropriate, for the purpose of taking appropriate
actions to respond to and mitigate any actual harm and, if
possible, restore or replace the affected Conservation Area
resources.
(4) Military property not affected.--Nothing in this Act or
any regulation implementing it limits or otherwise affects the
Armed Forces discretion to use, maintain, improve, manage, or
control any property under the administrative control of a
military department or otherwise limit the availability of such
property for military mission purposes.
SEC. 6. WITHDRAWALS.
The areas of the Outer Continental Shelf comprised of Cortes and
Tanner Banks, and of the portion of Mendocino Ridge bounded by a square
with a southwestern corner located at 40 0' N, 125 40' 4.8" W and a
northeastern corner located at 40 30' N, 125 10' 4.8" W, are
withdrawn from commercial leasing under Federal law for exploration,
development, or production of oil and gas, mining minerals, energy
sighting, and cable laying. | California Seamounts and Ridges National Marine Conservation Area Designation and Management Act This bill establishes the California Seamounts and Ridges National Marine Conservation Area to protect certain seamounts, ridges, and banks locatedin federal waters off the coast of California. The National Oceanic and Atmospheric Administration (NOAA)and the Department of the Interior shall have joint responsibility for managing the conservation area.Development of a management plan must include a public consultation process with tribes, fisherman, and other stakeholders to better understand the activities occurring in the conservation area. Additionally, any management plan developed by NOAA and Interior must prohibit oil and gas development, deep sea-mining, aquaculture, and damaging fishing practices in the area.Certain activities including recreational fishing and exercises by the Armed Forces are allowed to be conducted in the area. | California Seamounts and Ridges National Marine Conservation Area Designation and Management Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Communities Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the National Health and Nutrition
Examination Survey (NHANES) from 2003-2006, for children aged
6-11 years and 12-19 years, the prevalence of being overweight
was 17 percent and 17.6 percent, respectively.
(2) According to the Surgeon General, overweight
adolescents have a 70 percent chance of becoming overweight or
obese adults.
(3) According to the Surgeon General, overweight and
obesity are associated with heart disease, certain types of
cancer, type 2 diabetes, stroke, arthritis, breathing problems,
and psychological disorders, such as depression.
(4) According to the Surgeon General, an estimated 300,000
deaths per year may be attributable to obesity.
(5) The Centers for Disease Control and Prevention reports
that in 2000, the total cost of obesity in the United States
was estimated to be $117 billion.
(6) According to the Dietary Guidelines produced by the
Department of Agriculture, increasing consumption of fruits and
vegetables, whole grains, and calcium-rich foods, while
reducing saturated fats, trans fats, sodium, added sugars, and
excess calories and reducing obesity could dramatically improve
Americans' health and well-being.
(7) According to the Surgeon General, nearly half of young
people aged 12-21 are not vigorously active on a regular basis.
Yet, regular physical activity improves strength, builds lean
muscle, and decreases body fat.
SEC. 3. COMMUNITY OBESITY PREVENTION PROGRAM.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended--
(1) by redesignating the second and third sections 399R as
sections 399S and 399T, respectively; and
(2) by adding at the end the following:
``SEC. 399U. COMMUNITY OBESITY PREVENTION PROGRAM.
``(a) In General.--The Secretary shall make 5-year grants to
community partnerships for programs to combat obesity.
``(b) Partnership Members.--To be eligible to seek a grant under
this section, at minimum, a community partnership shall include members
representing each of the following areas:
``(1) Hospitals.
``(2) School districts.
``(3) Early childhood care providers.
``(4) Local governments.
``(5) Health insurance companies.
``(6) Pediatricians.
``(7) Other health professionals.
``(8) Local employers.
``(c) Funding Requirements.--To be eligible for funding under this
section, a program shall comply with each of the following:
``(1) Executive council.--
``(A) The program shall have an executive council
composed of one partnership member from each of the
areas listed in subsection (b).
``(B) The executive council shall be responsible
for governing, overseeing, and managing the program.
``(C) The executive council shall meet monthly to
discuss governing the program.
``(D) The executive council shall have
subcommittees composed of partnership members
representing a variety of community participants in
order to involve as many people as possible.
``(2) Steering committee.--
``(A) The program shall have a steering committee
composed of, at minimum, the following:
``(i) Local health groups who engage in
obesity-related programming.
``(ii) Local environmental groups who work
on urban planning and forming `livable
communities'.
``(iii) Local recreational facilities that
engage in obesity-related programming.
``(iv) Representatives of each of the
partnership members.
``(v) Representatives of local restaurants
or grocery stores that offer healthy food
options.
``(vi) Representatives of local farmers.
``(vii) Other groups as deemed appropriate
by the executive committee.
``(B) The steering committee shall meet at least 10
times per year and perform the following functions:
``(i) Assess the progress of the program.
``(ii) Provide recommendations to the
executive council concerning improvements to
the program.
``(3) Program components.--The program shall address all
the different components of fighting obesity and include the
following:
``(A) Physical exercise and a physical activity
environment encouraging--
``(i) daily physical activity or exercise;
and
``(ii) community events based around
physical activity or exercise.
``(B) Nutritional counseling and nutritional
environment activities including--
``(i) counseling from a registered
dietitian;
``(ii) community healthy meal and snack
ideas--
``(I) at home;
``(II) at school;
``(III) at early childhood care;
and
``(IV) at the workplace; and
``(iii) alternatives to unhealthy food
choices and availability of nutritious foods,
including evaluation of potential food
`deserts' and farmers' markets.
``(C) Education to--
``(i) provide information about the
importance of eating healthily and maintaining
a balanced diet to the community;
``(ii) provide information about the
importance of being physically fit; and
``(iii) provide strategies for addressing
varying individual capabilities to attain
physical fitness.
``(D) An evidence-based curriculum using the
National Institutes of Health's Ways to Enhance
Children's Activity and Nutrition (We Can) program and
curriculum to guide the program.
``(4) Best practices.--The program shall make use of
evidence-based practices, strategies, programs, and policies in
designing program guidelines.
``(5) Communications.--The program shall develop a
communications plan that involves the entire community,
utilizing a wide variety of resources.
``(6) Occurrence of program.--The program shall have both
in-school and workplace wellness programs to encourage
healthier behavior by all participants on a consistent basis.
``(7) Wellness coordinator.--The program shall identify a
person, to be known as the Wellness Coordinator, who will
ensure that the program is being implemented to encourage
healthy lifestyles. The Wellness Coordinator shall provide
monthly updates to the executive committee and steering
committee on the components of the program being implemented
and progress made towards meeting goals.
``(8) Assessment.--The executive committee and steering
committee shall perform an assessment of the obesity problem in
the respective community. The assessment shall include--
``(A) measurement of the extent of the problem; and
``(B) factors contributing to the problem.
``(9) Goals.--Based on the assessment pursuant to paragraph
(8), the executive committee, steering committee, and Wellness
Coordinator shall work together to lay out achievable short-
and long-term goals for reducing childhood obesity. These goals
shall include the following:
``(A) Specific percentage decrease in rates of
obese adults and children.
``(B) Specific percentage decrease in rates of
overweight adults and children.
``(C) Specific percentage increase in rates of
children attaining at least 60 minutes of physical
activity per day and adults attaining at least 30
minutes of physical activity per day.
``(D) Specific percentage increase in improved
nutrition among children and adults.
``(10) Reports.--Not later than 12 months after a program
first receives funds under this section, and annually
thereafter, the Wellness Coordinator shall submit a report to
the Secretary on the success of the program. The report shall
include measurement of the effectiveness of the program in
achieving its goals.
``(d) Prohibition Against Use of Funds for Administrative
Expenses.--
``(1) Prohibition.--The Secretary shall prohibit a
community partnership awarded a grant under this section from
using the grant to pay the administrative expenses of the
partnership's program to combat obesity.
``(2) Exceptions.--Notwithstanding paragraph (1), the
Secretary may allow such community partnership to use the
grant--
``(A) to pay the salaries and benefits of staff
responsible for implementing the program; or
``(B) to pay the costs of performing an assessment
under subsection (c)(8).
``(e) Preference.--In selecting grant recipients under this
section, the Secretary shall give preference to communities with high
levels of obesity and related chronic diseases.
``(f) Application for Assistance During Subsequent Grant Years.--To
continue receiving assistance through a grant under this section, a
community partnership shall submit a separate application to the
Secretary at the beginning of each fiscal year during the grant period.
At a minimum, an application so submitted for the second or subsequent
year of a grant shall include a description of the partnership's
progress in the following areas:
``(1) Reducing the number of people who are overweight and
obese.
``(2) Improving the number of people receiving the
recommended daily allowance of nutritional food, including
fruits and vegetables.
``(3) Improving the number of people devoting at least 30
minutes a day to physical activity for adults and 60 minutes a
day for children.
``(g) Funding.--
``(1) Authorization of appropriations.--To carry out this
section, there are authorized to be appropriated $10,000,000
for fiscal year 2010 and such sums as may be necessary for
fiscal years 2011 to 2015.
``(2) Maximum amount of grant for first year.--For the
first year of a grant to a community partnership under this
section, the Secretary may award not more than $100,000.
``(3) Matching funds.--With respect to the costs of a
program to combat obesity to be funded under this section, the
Secretary may make a grant to a community partnership only if
the partnership agrees to make available non-Federal
contributions toward such costs in an amount that is not less
than $1 for every $4 of Federal funds provided pursuant to this
section.''. | Healthy Communities Act of 2009 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to make five-year grants to community partnerships for programs to combat obesity. Sets forth eligibility requirements. Provides for an executive council and a steering committee.
Requires a community obesity prevention program to address all the different components of fighting obesity and to include: (1) physical exercise and a physical activity environment; (2) nutritional counseling and nutritional environment activities; (3) education to provide to the community information about the importance of eating healthily and maintaining a balanced diet and of being physically fit and to provide strategies for addressing varying individual capabilities to attain physical fitness; and (4) an evidence-based curriculum using the National Institutes of Health's (NIH's) Ways to Enhance Children's Activity and Nutrition (We Can) program and curriculum to guide the program.
Requires a program to: (1) make use of evidence-based practices, strategies, programs, and policies in designing program guidelines; (2) develop a communications plan that involves the entire community; (3) have both in-school and workplace wellness programs; and (4) identify a Wellness Coordinator. Requires the executive council and the steering committee to: (1) perform an assessment of the obesity problem in each respective community; and (2) work with the Wellness Coordinator to lay out achievable short- and long-term goals for reducing childhood obesity.
Directs the Secretary to: (1) prohibit a community partnership from using the grant to pay for administrative expenses, with exceptions; and (2) give preference in selecting grant recipients to communities with high levels of obesity and related chronic diseases. | To amend the Public Health Service Act to promote obesity prevention, including proper nutrition and exercise. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hospital Price Reporting and
Disclosure Act of 2005''.
SEC. 2. PUBLIC DISCLOSURE OF HOSPITAL DATA.
Part B of title II of the Public Health Service Act (42 U.S.C. 238
et seq.) is amended by adding at the end the following new section:
``data reporting by hospitals and public posting
``Sec. 249. (a) Semiannual Reporting Requirement.--Not later than
80 days after the end of each semiannual period beginning January 1 or
July 1 (beginning more than one year after the date of the enactment of
this section), a hospital shall report to the Secretary the following
data:
``(1) The frequency with which the hospital performed each
service selected under subparagraph (A) or (B) of subsection
(c)(1) in an inpatient or outpatient setting, respectively,
during such period.
``(2) The frequency with which the hospital administered a
drug selected under subparagraph (C) of such subsection in an
inpatient setting during such period.
``(3) If the service was so performed or the drug was so
administered during such period, the average charge and the
medium charge by the hospital for such service or drug during
such period.
``(b) Public Availability of Data.--
``(1) Public posting of data.--The Secretary shall promptly
post, on the official public Internet site of the Department of
Health and Human Services, the data reported under subsection
(a). Such data shall be set forth in a manner that promotes
charge comparison among hospitals.
``(2) Notice of availability.--A hospital shall prominently
post at each admission site of the hospital a notice of the
availability of the data reported under subsection (a) on the
official public Internet site under paragraph (1).
``(c) Selection of Services and Drugs.--For purposes of this
section:
``(1) Initial selection.--Based on national data, the
Secretary shall select the following:
``(A) The 25 most frequently performed services in
a hospital inpatient setting.
``(B) The 25 most frequently performed services in
a hospital outpatient setting.
``(C) The 50 most frequently administered drugs in
a hospital inpatient setting.
``(2) Updating selection.--The Secretary shall periodically
update the services and drugs selected under paragraph (1).
``(d) Civil Money Penalty.--The Secretary may impose a civil money
penalty of not more than $10,000 for each knowing violation of
subsection (a) or (b)(2) by a hospital. The provisions of subsection
(i)(2) of section 351A shall apply with respect to civil money
penalties under this subsection in the same manner as such provisions
apply to civil money penalties under subsection (i)(1) of such section.
``(e) Administrative Provisions.--
``(1) In general.--The Secretary shall prescribe such
regulations and issue such guidelines as may be required to
carry out this section.
``(2) Classification of services.--The regulations and
guidelines under paragraph (1) shall include rules on the
classification of different services and the assignment of
items and procedures to those services (including inpatient
diagnostic related groups (DRGs), outpatient procedures, and
tests) and classification of drugs. For purposes of the
preceding sentence, classification of drugs may include unit,
strength, and dosage information.
``(3) Computation of average and median charges.--
``(A) In general.--The regulations and guidelines
under paragraph (1) shall include a methodology for
computing an average charge and a median charge for a
service or drug, in accordance with subparagraph (B).
``(B) Methodology.--The methodology prescribed by
the Secretary under subparagraph (A) shall ensure that
the average charge and the median charge for a service
or drug reflect the amount charged before any
adjustment based on a rate negotiated with a third
party.
``(4) Form of report and notice.--The regulations and
guidelines under paragraph (1) shall specify the electronic
form and manner by which a hospital shall report data under
subsection (a) and the form for posting of notices under
subsection (b)(2).
``(f) Rules of Construction.--
``(1) Non-preemption of state laws.--Nothing in this
section shall be construed as preempting or otherwise affecting
any provision of State law relating to the disclosure of
charges or other information for a hospital.
``(2) Charges.--Nothing in this section shall be construed
to regulate or set hospital charges.
``(g) Definitions.--For purposes of this section:
``(1) Hospital.--The term `hospital' has the meaning given
such term by the Secretary.
``(2) Drug.--The term `drug' includes a biological and a
non-prescription drug, such as an ointment.''. | Hospital Price Reporting and Disclosure Act of 2005 - Amends the Public Health Service Act to require a hospital to: (1) report data to the Secretary of Health and Human Services regarding the frequency of performing certain services and administering certain drugs and the charge by the hospital for such services or drugs; and (2) prominently post such information at each admission site. Requires the Secretary to: (1) publicly post such information in a manner that promotes charge comparisons among hospitals; and (2) select which services or drugs are to be reported based on how frequently each service is performed or each drug is administered.
Allows the Secretary to impose a civil monetary penalty for violations of this Act. | A bill to amend the Public Health Service Act to provide for the public disclosure of charges for certain hospital services and drugs. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Black Hills
Charter Forest Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Purpose.
Sec. 5. Demonstration forest management project, Black Hills National
Forest, South Dakota and Wyoming.
Sec. 6. Independent scientific review and monitoring.
Sec. 7. Community management council.
Sec. 8. Predecisional review process for demonstration project.
Sec. 9. Stewardship contracting authority.
Sec. 10. Retention of demonstration project receipts.
Sec. 11. Relation to National Environmental Policy Act of 1969.
SEC. 2. DEFINITIONS.
In this Act:
(1) The term ``council'' means the community management
council appointed under section 7.
(2) The term ``demonstration project'' means the
demonstration forest management project for the Black Hills
National Forest in the States of South Dakota and Wyoming
required by this Act.
(3) The term ``panel'' means the panel of non-Federal
scientists assembled by the Secretary under section 6.
(4) The term ``Secretary'' means the Secretary of
Agriculture, acting through the Chief of the Forest Service.
SEC. 3. FINDINGS.
Congress finds the following:
(1) The administrative body for the National Forest System,
the Forest Service, is plagued by ineffective public
involvement, management inefficiency, and protracted,
superfluous analyses.
(2) The debilitations of the Forest Service have cultivated
an environment of mistrust and divisiveness in forest policy,
begetting a cumbersome, enfeebled process of resource
management in the Black Hills National Forest.
(3) This state of affairs represents a grievous disservice
to the public and the environment and are indicative of an
administrative process in need of repair; and
(4) it is in the public interest to explore a broad
spectrum of progressive solutions to improve forest management
for, and the condition of forests in, the Black Hills National
Forest.
SEC. 4. PURPOSE.
The purpose of this Act is--
(1) to increase community involvement in decisionmaking
regarding the management of the Black Hills National Forest;
(2) to evaluate alternatives in reforming the current
Forest Service administrative appeals process for projects in
the Black Hills National Forest;
(3) to provide the Black Hills National Forest with more
efficient and dynamic contracting mechanisms to accomplish land
and resource management plan objectives; and
(4) to evaluate and implement procedural reform in the
Forest Service's administration of the National Environmental
Policy Act of 1969 (42 U.S.C. 4331 et seq.) on forest projects
in the Black Hills National Forest, in keeping with the law's
substantive intent.
SEC. 5. DEMONSTRATION FOREST MANAGEMENT PROJECT, BLACK HILLS NATIONAL
FOREST, SOUTH DAKOTA AND WYOMING.
(a) Demonstration Project Required.--The Secretary of Agriculture,
acting through the Chief of the Forest Service, shall conduct a
demonstration project in the Black Hills National Forest for the
purpose of increasing community involvement in decisionmaking regarding
the management of the Black Hills National Forest and evaluating
various methods, described in this Act, to improve the management and
condition of the Black Hills National Forest.
(b) Commencement of Demonstration Project.--The Secretary shall
commence the demonstration project upon the completion of the phase 2
amendment, pending as of the date of the enactment of this Act, to the
land and resource management plan for the Black Hills National Forest.
(c) Duration.--The Secretary shall terminate the demonstration
project at the end of the 10-year period beginning on the date the
demonstration project is commenced pursuant to subsection (b).
(d) Relation to Other National Forest System Laws.--Except as
provided in this Act, during the term of the demonstration project, the
Secretary shall continue to manage the Black Hills National Forest
under all of the laws and regulations governing occupancy, use, and
management of the National Forest System.
SEC. 6. INDEPENDENT SCIENTIFIC REVIEW AND MONITORING.
(a) Review of Ecological, Social, and Economic Sustainability of
Forest.--
(1) Initial review.--The Secretary shall assemble an
independent panel of non-Federal scientists to conduct an
assessment, using accepted measures and indicators, of the
ecological, social, and economic sustainability of the Black
Hills National Forest, taking into consideration such factors
as forest health, susceptibility to catastrophic fire,
biological diversity, and the capability of the forest to
sustain communities and economies.
(2) Submission of results.--Not later than one year after
the date of the enactment of this Act, the panel shall submit
to the Secretary and Congress a report containing the results
of the assessment conducted under this subsection.
(b) Monitoring Plan for Demonstration Project.--The panel shall
prepare a monitoring plan to be used to track the implementation of the
demonstration project.
(c) Revised Review; Resubmission of Results.--At the end of the
first five years of the demonstration project and upon the completion
of the demonstration project, the panel shall revise the assessment
conducted under subsection (a) and resubmit it to the Secretary and
Congress.
(d) Effects of Demonstration Project.--Using the information
collected from the monitoring plan, the panel shall include in each
revised assessment an evaluation of the positive and negative impacts
of the demonstration project on changes in the ecological, social, and
economic sustainability of the Black Hills National Forest.
SEC. 7. COMMUNITY MANAGEMENT COUNCIL.
(a) Establishment and Purposes.--The Secretary shall establish a
community management council as part of the demonstration project for
the purpose of--
(1) advising the Secretary and the Supervisor of the Black
Hills National Forest on the broad array of environmental,
economic, and social issues related to the management,
occupancy, and use of the Black Hills National Forest; and
(2) advising the Secretary and the Supervisor in the
development of binding priorities for management activities on
the Black Hills National Forest.
(b) Appointment and Members.--The council shall consist of 13
members, appointed by the Secretary in consultation with the Governors
and congressional delegations of the States of South Dakota and
Wyoming. Members shall meet the following criteria:
(1) Members shall represent an equitable cross-section of
forest policy stakeholders.
(2) Members shall reside in the seven counties that
encompass the Black Hills National Forest:
(A) Pennington, Lawrence, Meade, Custer, and Fall
River Counties of South Dakota.
(B) Crook and Weston Counties of Wyoming.
(3) Members shall have demonstrated a willingness to seek
compromise on complex forest issues through respectful and
reasonable discourse.
(4) Members shall have demonstrated an ability to respect
values, cultures, and points of view other than their own.
(c) Forest Supervisor.--The Supervisor of the Black Hills National
Forest shall serve as an ex officio member of the council.
(d) Vacancies; Geographic Representation.--Vacancies on the council
shall be filled in the same manner as the original appointment.
(e) Compensation.--Members of the council who are not Federal
employees shall serve without compensation.
(f) Other Council Authorities and Requirements.--
(1) Staff assistance.--The council may request the
Secretary to provide staff assistance to the council from
Federal employees under the jurisdiction of the Secretary.
(2) Meetings.--All meetings of the council shall be
announced at least one week in advance in a local newspaper of
record and shall be open to the public.
(3) Records.--The council shall maintain records of the
meetings of the council and make the records available for
public inspection.
(4) Relation to other law.--The council shall be exempt
from the provisions of the Federal Advisory Committee Act (5
U.S.C. App.).
SEC. 8. PREDECISIONAL REVIEW PROCESS FOR DEMONSTRATION PROJECT.
(a) In General.--The Secretary shall promulgate rules to establish
a predecisional review process that would be used during the term of
the demonstration project in connection with site-specific projects in
the Black Hills National Forest that require approval by a Forest
Service official in a decision notice or record of decision.
(b) Relation to Required Environmental Analysis.--The predecisional
review process shall not be construed to alter or waive any
environmental analysis otherwise required as part of the planning or
implementation of a project in the Black Hills National Forest.
(c) Required Elements of Predecisional Review.--
(1) Notice.--The rules required by subsection (a) shall
provide for notice of a proposed decision and an opportunity to
request review before a final decision on a site-specific
project is made.
(2) Right to request a predecisional review.--For a period
not to exceed 30 days from the date notice is provided pursuant
to paragraph (1), review of a proposed decision may be
requested by any individual or entity, but only if the
individual or entity submitted written comments during the
preparation stage of the project on the issue or issues for
which predecisional review is sought.
(3) Completion of review.--The review of a request for
predecisional review shall be completed before issuance of a
final decision regarding the project at issue. The review shall
be completed within 30 days after the date the request was
submitted.
(d) Exemption.--The Secretary may exempt a proposed decision
responding to an unexpected or serious event that would provide relief
from hazards threatening human health and safety or natural resources,
or provide for rehabilitation and recovery of forest resources, from
the predecisional review rules prescribed under this section.
(e) Exhaustion of Predecisional Review Process.--Notwithstanding
any other provision of law, an individual or entity must exhaust the
predecisional review process before the individual or entity may bring
an action in court challenging a site-specific project under the
demonstration project.
(f) Presumption.--In any predecisional review or litigation of a
management activity under the demonstration project, the responsible
official, administrative entity, or court shall give deference to the
expert judgment of the Secretary in identifying and interpreting the
scientific data that is the basis for the management activity.
(g) Relation to Forest Service Decisionmaking and Appeals Reform.--
Section 322 of the Department of the Interior and Related Agencies
Appropriations Act, 1993 (Public Law 102-381; 16 U.S.C. 1612 note),
shall not apply to activities conducted under the demonstration
project.
SEC. 9. STEWARDSHIP CONTRACTING AUTHORITY.
(a) Use of Existing Demonstration Authority.--During the term of
the demonstration project, the Secretary may enter into stewardship and
end result contracts for the Black Hills National Forest in accordance
with section 347 of the Department of the Interior and Related Agencies
Appropriations Act, 1999 (as contained in section 101(e) of division A
of Public Law 105-277; 16 U.S.C. 2104 note), to accomplish the land
management goals specified in subsection (b) of such section.
(b) Additional Contracts.--The contracts entered into under the
authority of subsection (a) shall be in addition to the contracts
authorized under such section 347 or under section 338 of the
Department of the Interior and Related Agencies Appropriations Act,
2001 (Public Law 106-291; 16 U.S.C. 2104 note).
SEC. 10. RETENTION OF DEMONSTRATION PROJECT RECEIPTS.
(a) Retention.--During the term of the demonstration project, the
Secretary shall retain the monetary proceeds from commercial timber
sales and special use permit fees derived from the Black Hills National
Forest. The retained receipts shall be in addition to such other funds
appropriated or otherwise made available for the operation of the Black
Hills National Forest, and the receipts shall not be subject to
overhead assessment.
(b) Use.--The Secretary shall use the retained receipts for
projects in the Black Hills National Forest, with priority placed on
projects related to forest health, restoration, hazardous fuels
reduction, and disease and invasive species control.
(c) Role of Council.--The Secretary shall consult with the council
in selecting projects under this section.
SEC. 11. RELATION TO NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.
In conducting the demonstration project, the Secretary shall
continue to comply with the substantive requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) and its
implementing rules. Not later than 180 days after the date of the
enactment of this Act, the Secretary shall promulgate rules regarding
implementation of the National Environmental Policy Act of 1969 in the
Black Hills National Forest during the demonstration project, being
careful to provide maximum latitude to line officers and the council
consistent with the substantive requirements of that Act. | Black Hills Charter Forest Act of 2002 - Directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to conduct a ten-year demonstration project in the Black Hills National Forest (the "Forest") for the purposes of increasing community involvement in Forest management decisions and evaluating various methods of improving the management and condition of the Forest.Directs the Secretary to establish an independent panel of non-Federal scientists which shall: (1) conduct an assessment of the ecological, social, and economic sustainability of the Forest and submit the results to Congress; and (2) prepare a monitoring plan for the demonstration project.Requires the Secretary to establish a community management council to advise on environmental, economic, and social issues pertaining to the Forest and on the development of binding priorities for management activities on the Forest.Directs the Secretary to promulgate rules which, while not affecting any environmental analysis otherwise required, shall establish a predecisional review process for site specific projects during the demonstration project. Delineates procedures for the review of decisions, as well as circumstances in which exemptions from the review rules are permitted. | To require the Secretary of Agriculture to conduct a demonstration forest management project in the Black Hills National Forest in the States of South Dakota and Wyoming. |
SECTION 1. UNITED STATES ARMS EMBARGO OF THE GOVERNMENT OF BOSNIA AND
HERZEGOVINA.
(a) Prohibition.--Neither the President nor any other member of the
Executive Branch of the United States Government shall interfere with
the transfer of arms to the Government of Bosnia and Herzegovina.
(b) Termination.--The President shall terminate the United States
arms embargo of the Government of Bosnia and Herzegovina upon receipt
from that government of a request for assistance in exercising its
right of self-defense under Article 51 of the United Nations Charter.
(c) Definition.--As used in this section, the term ``United States
arms embargo of the Government of Bosnia and Herzegovina'' means the
application to the Government of Bosnia and Herzegovina of--
(1) the policy adopted July 10, 1991, and published in the
Federal Register of July 19, 1991 (58 Fed. Reg. 33322), under
the heading ``Suspension of Munitions Export Licenses to
Yugoslavia''; and
(2) any similar policy being applied by the United States
Government as of the date of receipt of the request described
in subsection (a) pursuant to which approval is routinely
denied for transfers of defense articles and defense services
to the former Yugoslavia.
(d) Nothing in this section shall be interpreted as authorization
for deployment of United States forces in the territory of Bosnia and
Herzegovina for any purpose, including training, support or delivery of
military equipment.
SEC. 2. UNITED STATES ARMS EMBARGO OF THE GOVERNMENT OF BOSNIA AND
HERZEGOVINA.
(a) Prohibition.--Neither the President nor any other member of the
Executive Branch of the United States Government shall interfere with
the transfer of conventional arms appropriate to the self-defense needs
of the Government of Bosnia and Herzegovina.
(b) Termination.--The President shall terminate the United States
arms embargo of the Government of Bosnia and Herzegovina upon receipt
from that government of a request for assistance in exercising its
right of self-defense under Article 51 of the United Nations Charter.
(c) Definition.--As used in this section, the term ``United States
arms embargo of the Government of Bosnia and Herzegovina'' means the
application to the Government of Bosnia and Herzegovina of--
(1) the policy adopted July 10, 1991, and published in the
Federal Register of July 19, 1991 (58 Fed Reg. 33322) under the
heading ``Suspension of Munitions Export Licenses to
Yugoslavia''; and
(2) any similar policy being applied by the United States
Government as of the date of receipt of the request described
in subsection (a) pursuant to which approval is routinely
denied for transfers of defense articles and defense services
to the former Yugoslavia.
(d) Nothing in this section shall be interpreted as authorization
for deployment of United States forces in the territory of Bosnia and
Herzegovina for any purpose, including training, support or delivery of
military equipment.
SEC. 3. APPROVE AND AUTHORIZE USE OF UNITED STATES AIRPOWER TO
IMPLEMENT NATO EXCLUSION ZONES.
(a) Purpose.--To approve and authorize the use of United States
airpower to implement the North Atlantic Treaty Organization (NATO)
exclusion zones around United Nations designated safe areas in Bosnia
and Herzegovina and to protect United Nations forces.
(b) Findings.--The Congress makes the following findings:
(1) the war in the Republic of Bosnia and Herzegovina has
claimed tens of thousands of lives and displaced more than two
million citizens;
(2) the Senate supports as a policy objective a peace
settlement that provides for an economically, politically and
militarily viable Bosnian state, capable of exercising its
rights under the United Nations Charter;
(3) United Nations Security Council Resolutions 836 and 844
call on member states, acting nationally or through regional
organizations, to take all necessary measures to deter attacks
against safe areas identified in Security Council resolution
824.
(4) On February 9, 1994 the North Atlantic Council
authorized the use of air strikes to end the siege of Sarajevo
and on April 22, 1994 to end the siege of Gorazde and to
respond to attacks on the safe areas of Bihac, Srebrenica,
Tuzla or Zepa or to the threatening presence of heavy weapons
within a radius of 20 kilometers of those areas (within Bosnia
and Herzegovina);
(5) The Congress in the fiscal year 1994 State Department
authorization bill expressed its sense that the President
should terminate the United States arms embargo on the
Government of Bosnia and Herzegovina.
(c) Policy.--
(1) The Senate authorizes and approves the decision by the
President to join with our NATO allies in implementing the
North Atlantic Council decisions--
(A) of June 10, 1993 to support and protect
UNPROFOR forces in and around United Nations designated
safe areas, and
(B) of February 9, 1994 to use NATO's airpower in
the Sarajevo region of Bosnia and Herzegovina, and
(C) of April 22, 1994 to authorize CINCSOUTH to
conduct air strikes against Bosnian Serb heavy weapons
and other military targets within a 20 kilometers
radius of the center of Gorazde, and Bihac, Srebrenica,
Tuzla or Zepa (within the territory of Bosnia and
Herzegovina) if these safe areas are attacked or
threatened by Bosnian Serb heavy weapons.
(2) The Congress favors the termination of the arms embargo
against the Government of Bosnia and Herzegovina. The President
shall seek immediately the agreement of NATO allies to
terminate the international arms embargo on the Government of
Bosnia and Herzegovina. In accordance with Administration
policy following such consultations the President or his
representative shall promptly propose or support a resolution
in the United Nations Security Council to terminate the
international arms embargo on Bosnia and Herzegovina. If the
Security Council fails to pass such a resolution the President
shall within 5 days consult with Congress regarding unilateral
termination of the arms embargo on the Government of Bosnia and
Herzegovina. Upon termination of the international embargo the
President shall ensure that, subject to the regular
notification procedures of the appropriate congressional
committees, appropriate military assistance be provided
expeditiously to Bosnia and Herzegovina upon receipt from that
government of such a request in exercising its right of self-
defense.
(3) Unless previously authorized by the Congress no United
States ground combat forces should be deployed in Bosnia and
Herzegovina. Any request by the President for such
authorization should include:
(A) an explanation of the United States interests
involved in such commitments or actions;
(B) the specific objectives of the commitments or
actions;
(C) the likely duration of the operation;
(D) the size, composition, command and control
arrangements, rules of engagement, contributions of
allied nations, and other details of the force needed
to meet the objectives;
(E) specific measurements of success, particularly
the end point of the United States involvement, and
what follow-on security arrangements would be needed;
and
(F) an estimate of financial costs, including
burdensharing arrangements, and non-financial costs as
can be determined.
(4) Nothing in this legislation restricts the prerogative
of Congress to review the arms embargo on Bosnia and
Herzegovina.
Passed the Senate May 12 (legislative day, May 2), 1994.
Attest:
MARTHA S. POPE,
Secretary. | Prohibits the President or any other member of the executive branch from interfering with the transfer to the Government of Bosnia and Herzegovina of: (1) arms; or (2) conventional arms appropriate to self-defense needs.
Requires the President to terminate the U.S. arms embargo of such government upon receipt of a request for assistance in exercising its right of self-defense under the United Nations Charter.
Authorizes and approves the President's decision to join with NATO allies in: (1) supporting and protecting UNPROFOR forces in and around United Nations designated safe areas; (2) using NATO's airpower in the Sarajevo region; and (3) authorizing air strikes against specified Bosnian Serb heavy weapons and other military targets within Bosnia if the safe areas are threatened by such weapons.
Requires the President to seek the agreement of NATO allies to terminate the international arms embargo on Bosnia and Herzegovina.
Declares that no U.S. ground combat forces should be deployed in Bosnia and Herzegovina unless previously authorized by the Congress. | A bill to remove the United States arms embargo of the Government of Bosnia and Herzegovina. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fighting Medicare Fraud Act of
2016''.
SEC. 2. PERMISSIVE EXCLUSION FROM FEDERAL HEALTH PROGRAMS EXPANDED TO
CERTAIN INDIVIDUALS WITH PRIOR INTEREST IN SANCTIONED
ENTITIES AND ENTITIES AFFILIATED WITH SANCTIONED
ENTITIES.
Paragraph (15) of section 1128(b) of the Social Security Act (42
U.S.C. 1320a-7(b)) is amended to read as follows:
``(15) Individuals and entities affiliated with a
sanctioned entity.--(A) Any of the following:
``(i) Any individual who--
``(I) is a person with an ownership or
control interest in a sanctioned entity or an
affiliated entity of such sanctioned entity (or
was a person with such an ownership or control
interest at the time of any of the conduct that
formed a basis for the conviction or exclusion
described in subparagraph (B)); and
``(II) knows or should have known (as
defined in section 1128A(i)(7)) (or knew or
should have known) of such conduct.
``(ii) Any individual who is an officer or managing
employee (as defined in section 1126(b)) of a
sanctioned entity or affiliated entity of such
sanctioned entity (or was such an officer or managing
employee at the time of any of the conduct that formed
a basis for the conviction or exclusion described in
subparagraph (B)).
``(iii) Any affiliated entity of a sanctioned
entity.
``(B) For purposes of this paragraph, the term `sanctioned
entity' means an entity--
``(i) that has been convicted of any offense
described in subsection (a) of this section or in
paragraph (1), (2), or (3) of this subsection; or
``(ii) that has been excluded from participation
under a program under title XVIII or under a State
health care program.
``(C) For purposes of subparagraph (A), the term
`affiliated entity' means, with respect to a sanctioned entity,
an entity that is (or was at the time of any of the conduct
that formed the basis for the conviction or exclusion described
in subparagraph (B)) affiliated with such sanctioned entity,
and includes an entity--
``(i) that is a person with an ownership or control
interest in such sanctioned entity (or was such a
person with respect to such sanctioned entity at the
time of any conduct that formed the basis for the
conviction described in subparagraph (B));
``(ii) with respect to which a sanctioned entity is
a person with an ownership or control interest in such
entity (or was such a person with respect to such
entity at the time of any conduct that formed the basis
for the conviction described in subparagraph (B));
``(iii) with respect to which a person with an
ownership or control interest in such entity also has
such an interest in such sanctioned entity; or
``(iv) with respect to which a person who is an
officer or managing employee (as defined in section
1126(b)) of such entity also is such an officer or
managing employee of such sanctioned entity.
``(D) For purposes of this paragraph, the term `person with
an ownership or control interest' has the meaning given such
term in section 1124(a)(3).''.
SEC. 3. CRIMINAL PENALTY FOR ILLEGAL DISTRIBUTION OF MEDICARE,
MEDICAID, OR CHIP BENEFICIARY IDENTIFICATION OR PROVIDER
NUMBERS.
Section 1128B(b) of the Social Security Act (42 U.S.C. 1320a-7b(b))
is amended by adding at the end the following:
``(5) Whoever knowingly and with the intent to defraud purchases,
sells or distributes, or arranges for the purchase, sale, or
distribution of two or more beneficiary identification numbers or
unique health identifier for a health care provider under title XVIII,
title XIX, or title XXI shall be imprisoned for not more than 15 years
or fined under title 18, United States Code (or, if greater, an amount
equal to the monetary loss to the Federal and any State government as a
result of such acts), or both.''.
SEC. 4. REPORTS ON INCIDENCES OF FRAUD AND ABUSE UNDER MEDICARE PARTS C
AND D.
(a) In General.--Section 1857(d) of the Social Security Act (42
U.S.C. 1395w-27(d)) is amended by adding at the end the following new
paragraph:
``(7) Report on incidences of fraud and abuse.--
``(A) In general.--A contract under this section
with an MA organization offering an MA plan shall
provide that such MA organization report to the
Secretary (or to any person or organization designated
by the Secretary for such purpose) any instances of
fraud or abuse related to the payment or delivery of
health benefits under such contract not later than 60
days after such organization identifies such instance.
``(B) Guidance.--Not later than 90 days after the
date of the enactment of this paragraph, the Secretary,
in consultation with the Inspector General of the
Department of Health and Human Services and the
Attorney General, shall issue to MA organizations (and
PDP sponsors) guidance for defining the terms `fraud'
and `abuse' for purposes of subparagraph (A).''.
(b) Conforming Amendment to Part D.--Section 1860D-12(b)(3)(C) of
the Social Security Act (42 U.S.C. 1395w-112(b)(3)(C)) is amended by
inserting before the period at the end the following: ``, except in
applying paragraph (7) of such section any reference to an MA
organization, with respect to an MA plan, shall be deemed a reference
to a PDP sponsor or MA organization, with respect to a prescription
drug plan or MA-PD plan''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply with respect to plan years beginning on or after the date
of the enactment of this Act. | Fighting Medicare Fraud Act of 2016 This bill amends title XI (General Provisions) of the Social Security Act (SSAct) to expand the authority of the Centers for Medicare & Medicaid Services (CMS) to exclude from participation in federal health programs certain affiliates of a sanctioned entity. (A "sanctioned entity" is one that has been convicted of one of several specified crimes or excluded from participation under either Medicare or a state health care program.) The bill also establishes criminal penalties for the illegal purchase, sale, or distribution of two or more federal health program beneficiary or provider numbers. In addition, the bill amends title XVIII (Medicare) of the SSAct to require Medicare Advantage organizations to report instances of fraud or abuse to CMS within 60 days. | Fighting Medicare Fraud Act of 2016 |
SECTION 1. EXCLUSION OF INCOME FOR RESIDENTS OF THE HURRICANES KATRINA
AND RITA CORE DISASTER AREA.
(a) General Rule.--In the case of an individual, there shall be
excluded from gross income for each taxable year beginning during
calendar year 2005 an amount equal to the qualified earned income of
the taxpayer.
(b) Limitation Based on Foreign Earned Income Exclusion Rule.--
(1) In general.--The amount which may be excluded under
subsection (a) for any taxable year shall not exceed the amount
of qualified earned income computed on a daily basis at an
annual rate equal to the exclusion amount for the calendar year
in which such taxable year begins.
(2) Exclusion amount.--For purposes of paragraph (1), the
exclusion amount is the amount in effect for calendar year 2005
under section 911(b)(2) of the Internal Revenue Code of 1986.
(c) Qualified Earned Income.--For purposes of this section--
(1) In general.--The term ``qualified earned income'' means
earned income (as defined by section 911(d)(2) of such Code) of
a qualified individual. For purposes of the preceding sentence,
rules similar to the rules of section 911(b) of such Code shall
apply.
(2) Qualified individual.--The term ``qualified
individual'' means an individual whose tax home is in the
Hurricanes Katrina and Rita core disaster area and--
(A) who is a citizen or resident of the United
States and establishes to the satisfaction of the
Secretary that he has been a bona fide resident of the
Hurricanes Katrina and Rita core disaster area for the
uninterrupted period which includes the entire taxable
year beginning in 2005,
(B) who is a citizen or resident of the United
States and who, during calendar year 2005, is present
in such core disaster area during at least 330 full
days in such year, or
(C) whose earned income for the immediately
preceding taxable year attributable to sources within
the Hurricanes Katrina and Rita core disaster area is
greater than 50 percent of such individual's total
earned income for such taxable year.
(3) Tax home.--The term ``tax home'' means, with respect to
any individual, such individual's home for purposes of section
162(a)(2) of such Code (relating to traveling expenses while
away from home). An individual shall not be treated as having a
tax home in the Hurricanes Katrina and Rita core disaster area
for any period for which his abode is within the United States
outside of the Hurricanes Katrina and Rita core disaster area.
(4) Hurricanes katrina and rita core disaster area.--
(A) In general.--The term ``Hurricanes Katrina and
Rita core disaster area'' means that portion of the
Hurricane Katrina disaster area and the Hurricane Rita
disaster area determined by the President to warrant
individual or individual and public assistance from the
Federal Government under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act by reason
of Hurricane Katrina or Hurricane Rita.
(B) Hurricane katrina disaster area.--The term
``Hurricane Katrina disaster area'' means an area with
respect to which a major disaster has been declared by
the President before September 14, 2005, under section
401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act by reason of Hurricane
Katrina.
(C) Hurricane rita disaster area.--The term
``Hurricane Rita disaster area'' means an area with
respect to which a major disaster has been declared by
the President, before October 6, 2005, under section
401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act by reason of Hurricane Rita.
(5) Waiver of period of stay.--Notwithstanding paragraph
(2), an individual who--
(A) is a bona fide resident of, or is present in,
the Hurricanes Katrina and Rita core disaster area for
any period,
(B) leaves the Hurricanes Katrina and Rita core
disaster area by reason of Hurricane Katrina or
Hurricane Rita--
(i) during any period during which the
Secretary determines that individuals were
required to leave such area because of adverse
conditions in such area which precluded the
normal conduct of business by such individuals,
and
(ii) before meeting the requirements of
paragraph (1), and
(iii) establishes to the satisfaction of
the Secretary that such individual could
reasonably have been expected to have met such
requirements but for the conditions referred to
in clause (i),
shall be treated as a qualified individual with respect
to the period described in subparagraph (A) during
which he was a bona fide resident of, or was present
in, such core disaster area and in applying subsection
(b) with respect to such individual, only the days
within such period shall be taken into account.
(d) Secretary Defined.--For purposes of this section, the term
``Secretary'' means the Secretary of the Treasury or the Secretary's
delegate.
(e) Amounts Excluded Treated as Section 911 Exclusion for Purposes
of Internal Revenue Code of 1986.--For purposes of the Internal Revenue
Code of 1986, any amount excluded under this section shall be treated
as an amount to excluded under section 911 of such Code.
(f) Rule of Interpretation.--This section shall be interpreted and
applied using the principles of section 911 of such Code.
(g) Regulations.--The Secretary shall prescribe such regulations as
may be necessary or appropriate to carry out the purposes of this
section. Such regulations shall be similar to the regulations
prescribed under section 911(d)(9) of such Code. | Allows individual taxpayers residing in the Hurricanes Katrina and Rita core disaster areas an exclusion from gross income, for federal income tax purposes, for a certain amount of their income earned in 2005 within such disaster areas. | To provide an exclusion from gross income for income earned in 2005 from sources within the Hurricanes Katrina and Rita core disaster area. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Decentralize Regulatory Agencies,
Include the Nation Act of 2018'' or the ``DRAIN Act''.
SEC. 2. RELOCATION OF FEDERAL NONSECURITY AGENCIES TO LOCATIONS OUTSIDE
THE NATIONAL CAPITAL REGION.
(a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
General Services;
(2) the term ``agency''--
(A) means an Executive department (as defined in
section 101 of title 5, United States Code) and an
independent establishment (as defined in section 104 of
title 5, United States Code); and
(B) does not include the Government Accountability
Office;
(3) the term ``Director'' means the Director of the Office
of Management and Budget;
(4) the term ``local government'' means a city, town,
township, county, parish, village, or other general purpose
political subdivision of a State;
(5) the term ``National Capital region'' has the meaning
given that term in section 8702 of title 40, United States
Code;
(6) the term ``nonsecurity agency'' means an agency that is
not a security agency;
(7) the term ``security agency'' means an agency that
receives the majority of the funding for the agency under an
appropriation Act making appropriations--
(A) for the Department of Defense;
(B) for the Department of Homeland Security; or
(C) for the Department of State, foreign
operations, and related programs; and
(8) the term ``State'' means each of the several States of
the United States.
(b) Plan.--The Director and the Administrator shall jointly develop
and implement a plan under which the headquarters of each nonsecurity
agency that is not exempted under subsection (d) shall be relocated to
a location outside the National Capital region by not later than the
later of--
(1) October 1, 2029; or
(2) if applicable, the date on which the lease in effect on
the date of enactment of this Act for the building in which the
headquarters of the nonsecurity agency is located expires.
(c) Determination of Area for Relocation.--
(1) In general.--The plan under subsection (b) shall
require that the location to which the headquarters of a
nonsecurity agency shall be relocated be determined by the
Director, the Administrator, and the head of the nonsecurity
agency on a competitive basis, in accordance with this
subsection.
(2) Application.--A State or local government desiring that
a nonsecurity agency relocate the headquarters of the
nonsecurity agency to an area that is under the jurisdiction of
the State or local government shall submit an application at
such time, in such manner, and accompanied by such information
as the Director and the Administrator shall jointly establish.
(3) Priority.--The Director, the Administrator, and the
head of the nonsecurity agency shall give priority to an
application under this subsection proposing the headquarters of
a nonsecurity agency be located in an area--
(A) for which the rate of unemployment is higher
than the average rate of unemployment in the United
States, as determined by the Secretary of Labor;
(B) with a nexus between the nonsecurity agency and
the geographic area in which the nonsecurity agency
regulates; or
(C) with existing infrastructure to efficiently
support the size and scope of the relocation of the
headquarters of the nonsecurity agency.
(4) Determination.--The location to which the headquarters
of a nonsecurity agency shall be relocated shall be determined
by a majority vote of the Director, the Administrator, and the
head of the nonsecurity agency.
(d) Exemptions.--
(1) In general.--The President may exempt a nonsecurity
agency from the requirement to relocate the headquarters of the
nonsecurity agency if the President determines that the
headquarters of the nonsecurity agency should remain in the
current location.
(2) Reporting.--If the President exempts a nonsecurity
agency under paragraph (1), the President shall submit to
Congress a report detailing the basis for the determination of
the President that the headquarters of the nonsecurity agency
should remain in the current location.
(e) Conforming Amendment.--Section 72 of title 4, United States
Code, is amended by striking ``All offices'' and inserting ``Except as
provided in the DRAIN Act, all offices''.
(f) No Additional Funds Authorized.--No additional funds are
authorized to carry out the requirements of this Act. Such requirements
shall be carried out using amounts otherwise authorized. | Decentralize Regulatory Agencies, Include the Nation Act of 2018 or the DRAIN Act This bill requires the Office of Management and Budget and the General Services Administration to jointly develop and implement a plan for relocating nonsecurity agencies outside the National Capital region by the later of October 1, 2029, or the expiration date of the lease for the building in which the nonsecurity agency's headquarters is located. The bill exempts security agencies and nonsecurity agencies specifically exempted by the President from the relocation requirement. A security agency is an agency that receives the majority of its funding from appropriations provided for the Department of Defense, the Department of Homeland Security, or for the Department of State, foreign operations, and related programs. | Decentralize Regulatory Agencies, Include the Nation Act of 2018 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fort Clatsop National Memorial
Expansion Act of 1998''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The cross-country expedition of Meriwether Lewis and
William Clark, known as ``The Corps of Discovery'', was a very
important exploratory journey in American history that provided
invaluable geographic, scientific, and cultural information.
(2) In 1805, the members of the Lewis and Clark Expedition
built Fort Clatsop at the mouth of the Columbia River near
Astoria, Oregon, where they spent 106 days waiting for the end
of winter and preparing for their journey home.
(3) As the westernmost point and the second longest
stopover of the expedition, and as the site where Lewis and
Clark edited their journals and prepared many of their maps,
Fort Clatsop is a uniquely special place in the journey of
Lewis and Clark.
(4) The Fort Clatsop National Memorial was created by
Congress in 1958 for the purpose of commemorating the
culmination, and the winter encampment, of the Lewis and Clark
Expedition following its successful crossing of the North
American continent, and is the only National Park Service site
solely dedicated to the Lewis and Clark Expedition.
(5) The 1995 General Management Plan for the Fort Clatsop
National Memorial, prepared with input from the local
community, calls for the addition of lands to the memorial to
include the trail used by expedition members to travel from the
fort to the Pacific Ocean and to include the shore and forest
lands surrounding the fort and trail to protect their natural
settings.
(6) Expansion of the Fort Clatsop National Memorial would
require Federal legislation because the size of the memorial is
currently limited by statute to 130 acres.
(7) Congressional action to allow for the expansion of Fort
Clatsop would be both timely and appropriate before the start
of the national bicentennial celebration of the Lewis and Clark
Expedition planned to take place during the years 2004 through
2006.
SEC. 3. ACQUISITION OF LANDS FOR FORT CLATSOP NATIONAL MEMORIAL.
The Act entitled ``An Act to provide for the establishment of Fort
Clatsop National Memorial in the State of Oregon, and for other
purposes'', approved May 29, 1958 (Chapter 158; 72 Stat. 153), is
amended--
(1) in section 2 (16 U.S.C. 450mm-1)--
(A) by striking ``: Provided,'' and all that
follows through the end of the sentence and inserting a
period;
(B) by inserting ``(a)'' before ``The Secretary of
the Interior''; and
(C) by adding at the end the following:
``(b) In addition to the land and improvements designated under
subsection (a), the Fort Clatsop National Memorial shall include land
and improvements that are acquired by the Secretary of the Interior
under section 3(b).'';
(2) in section 3 (16 U.S.C. 450mm-2), by inserting ``(a)''
before ``Within the area'', and by adding at the end the
following:
``(b)(1) In addition to lands acquired under subsection (a), the
Secretary of the Interior may acquire for inclusion in the Fort Clatsop
National Memorial any land or improvements located in areas identified
on the map entitled `Fort Clatsop Boundary Map' and numbered 405-80016-
CCO-June 1996 as appropriate to preserve the historic scene and provide
lands for the Lewis and Clark National Historic Trail.
``(2) The Secretary may make acquisitions under this subsection
only by purchase from willing sellers using appropriated or donated
amounts, by willing donation, or by exchange in accordance with
paragraph (3).
``(3)(A) To acquire land or improvements under this subsection by
exchange, the Secretary may enter into exchanges of lands or
improvements administered by the National Park Service, the Forest
Service, or the Bureau of Land Management for lands or improvements in
Clatsop County, Oregon, that are of approximately equal value and that
are owned by any non-Federal person.
``(B) An exchange under this paragraph shall be made--
``(i) in the case of an exchange of land or improvements
administered or to be administered after the exchange by the
Forest Service, in accordance with otherwise applicable
provisions of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1000
et seq.), the Act of March 1, 1911 (Chapter 186; 16 U.S.C.
552), popularly known as the Weeks Law, and other provisions of
law governing the disposal or acquisition by exchange of
National Forest lands; and
``(ii) in the case of an exchange of land or improvements
administered or to be administered after the exchange by the
Bureau of Land Management, in accordance with otherwise
applicable provisions of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.).''; and
(3) in section 4 (16 U.S.C. 460mm-3), by inserting ``(a)''
before ``Establishment of'', and by adding at the end the
following:
``(b) Before issuing any regulations governing the protection,
public use, or management of land or improvement acquired under section
3(b), the Secretary shall seek comment from the government of Clatsop
County, Oregon, and persons that reside in the vicinity of the land or
improvement. The Secretary shall ensure that any management or use of
the land or improvement is consistent with the General Management Plan
for Fort Clatsop National Memorial, as in effect on the effective date
of this subsection, and all laws and policies otherwise applicable to
the land or improvement.''. | Fort Clatsop National Memorial Expansion Act of 1998 - Repeals the acreage limitation for the Fort Clatsop National Memorial, Oregon.
Authorizes the Secretary of the Interior to: (1) acquire appropriate lands or improvements located in certain areas for inclusion in the Memorial to preserve the historic scene and to provide lands for the Lewis and Clark National Historic Trail; and (2) exchange lands or improvements administered by the National Park Service, the Forest Service, or the Bureau of Land Management for lands or improvements in Clatsop County, Oregon, that are of approximately equal value and that are owned by any non-Federal person.
Requires the Secretary: (1) before issuing any regulations governing the protection, public use, or management of such acquired land or improvement, to seek comment from the government of Clatsop County and persons residing in such vicinity of the land or improvement; and (2) to ensure that any management plan or use of the land or improvement is consistent with the General Management Plan for the Memorial and all applicable laws and policies. | Fort Clatsop National Memorial Expansion Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Camera Accountability Maintenance
and Transparency in Policing Act of 2015'' or the ``CAM TIP Act of
2015''.
SEC. 2. BODY-WORN CAMERA GRANTS.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) is amended by adding at the end the following:
``PART MM--BODY-WORN CAMERA GRANTS
``SEC. 3031. IN GENERAL.
``From amounts made available to carry out this part, the Director
of the Bureau of Justice Assistance may make grants to States, units of
local government, and Indian tribes for the acquisition, operation, and
maintenance of body-worn cameras for law enforcement officers. In
making such grants, the Director shall assess the program proposed by
the applicant for the elements described in section 3033.
``SEC. 3032. USES OF FUNDS.
``Grants awarded under this section shall be--
``(1) distributed directly to the State, unit of local
government, or Indian tribe; and
``(2) used for the program described under section 3033.
``SEC. 3033. PROGRAM DESCRIBED.
``The program described in this section is any program implemented
by a grantee requiring the use of body-worn cameras by law enforcement
officers in that jurisdiction, which--
``(1) establishes policies and procedures for when law
enforcement officers should wear, activate, and deactivate
body-worn cameras;
``(2) ensures the protection of the civil liberties of
members of general public relating to the use of body-worn
cameras by law enforcement officers;
``(3) establishes policies limiting the use of recordings
of body-worn cameras to monitor the conduct of law enforcement
officers outside of their interactions, in an official
capacity, with members of the general public;
``(4) establishes or proposes to develop standards relating
to the effective placement, on a law enforcement officer's
body, of a body-worn camera;
``(5) describes the best practices for receiving an
accurate narrative from the recordings of body-worn cameras;
``(6) establishes policies for the collection and storage
of the recordings of body-worn cameras;
``(7) establishes policies relating to the availability of
recordings of body-worn cameras--
``(A) to the general public;
``(B) to victims of crimes; and
``(C) for internal use by the law enforcement
agency; and
``(8) has in place guidelines and training courses for law
enforcement officers relating to the proper management and use
of body-worn cameras.
``SEC. 3034. ALLOCATION OF FUNDS.
``Funds available under this part shall be awarded to each
qualifying unit of local government with fewer than 100,000 residents.
Any remaining funds available under this part shall be awarded to other
qualifying applicants on a pro rata basis.
``SEC. 3035. MATCHING REQUIREMENTS.
``(a) Federal Share.--The portion of the costs of a program
provided by a grant under subsection (a) may not exceed 50 percent. Any
funds appropriated by Congress for the activities of any agency of an
Indian tribal government or the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used to provide the
non-Federal share of a matching requirement funded under this
subsection.
``(b) Non-Federal Share.--The non-Federal share of payments made
under this part may be made in cash or in-kind fairly evaluated,
including planned equipment or services.''.
SEC. 3. STUDY ON THE COST OF THE PURCHASE AND USE OF BODY-WORN CAMERAS
BY LAW ENFORCEMENT AGENCIES.
(a) Study.--The Attorney General shall conduct a study on the cost
to State and local law enforcement agencies of purchasing and using
body-worn cameras or other similar cameras, including gun-mounted
cameras.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall submit to Congress a
report that contains the results of the study conducted under
subsection (a).
SEC. 4. ESTABLISHMENT OF TASK FORCE ON COMMUNITY POLICING AND BODY
CAMERA ACCOUNTABILITY.
There shall be established in the Department of Justice a task
force to do the following:
(1) The task force shall be created to provide
recommendations on community policing, including best practices
for creating accountability and transparency.
(2) Not later than one year after the date of the enactment
of this Act, the task force shall provide a report to the
Congress, which shall include the recommendations under
paragraph (1).
(3) Membership shall include representatives of civil
rights organizations, Federal, State, and local law enforcement
personnel, and community policing experts.
(4) The task force shall develop proper body-worn camera
training protocol.
(5) The task force shall study the impact that citizen
review boards could have on investigating cases of alleged
police misconduct.
(6) Not later than 1 year after implementation of the body
camera requirement policy under section 3033 of title I of the
Omnibus Crime Control Act of 1968, the task force shall conduct
a survey to determine best practices and effectiveness of the
policy with findings to be reported back to the Congress.
SEC. 5. GAO REPORT ON PENTAGON'S 1033 PROGRAM.
Not later than 90 days after the date of enactment of this Act, the
Comptroller General of the United States shall submit to the Congress a
report on the Department of Defense Excess Personal Property Program
established pursuant to section 1033 the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104-201), that includes
information on--
(1) which jurisdictions equipment is sent to;
(2) the value of equipment sent to each jurisdiction;
(3) the level of training provided to officers; and
(4) how the equipment is used in the jurisdiction. | Camera Accountability Maintenance and Transparency in Policing Act of 2015 or the CAM TIP Act of 2015 Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Bureau of Justice Assistance to make matching grants to states, local governments, and Indian tribes for the acquisition, operation, and maintenance of body-worn cameras for law enforcement officers. Requires a grantee's body camera program to: establish policies and procedures for when law enforcement officers should wear, activate, and deactivate such cameras; ensure the protection of civil liberties of members of the general public; limit the use of recordings of such cameras to monitor the conduct of law enforcement officers outside of their official interactions with the public; develop standards regarding the effective body placement of such cameras; describe best practices for receiving an accurate narrative from recordings; establish procedures for collecting and storing recordings; establish policies governing the availability of such recordings to the general public, to victims of crimes, and for internal use by law enforcement; and have guidelines and training for law enforcement officers on the proper management and use of such cameras. Requires grants to be awarded first to qualifying local governments with fewer than 100,000 residents, with any remaining funds awarded to other applicants on a pro rata basis. Directs the Attorney General to study the cost to state and local law enforcement agencies of purchasing and using body-worn or similar cameras. Establishes in the Department of Justice a task force to: (1) provide recommendations on community policing, (2) study the impact that citizen review boards could have on investigating cases of alleged police misconduct, and (3) conduct a survey to determine best practices and the effectiveness of the body camera requirement policy. Directs the Government Accountability Office to report on the Department of Defense Excess Personal Property Program. | CAM TIP Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Impunity for Iranian Aggression
at Sea Act of 2016''.
SEC. 2. IMPOSITION OF SANCTIONS ON INDIVIDUALS WHO WERE COMPLICIT IN
VIOLATIONS OF THE GENEVA CONVENTION OR THE RIGHT UNDER
INTERNATIONAL LAW TO CONDUCT INNOCENT PASSAGE.
(a) Report Required.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report that includes--
(A) a determination with respect to whether, during
or after the incident that began on January 12, 2016,
in which forces of Iran boarded two United States Navy
riverine combat vessels and detained at gunpoint the
crews of those vessels, any of the actions of the
forces of Iran constituted a violation of--
(i) the Geneva Convention; or
(ii) the right under international law to
conduct innocent passage; and
(B) a certification with respect to whether or not
Federal funds, including the $1,700,000,000 payment
that was announced by the Secretary of State on January
17, 2016, were paid to Iran, directly or indirectly, to
effect the release of--
(i) the members of the United States Navy
who were detained in the incident described in
subparagraph (A); or
(ii) other United States citizens,
including Jason Rezaian, Amir Hekmati, Saeed
Abedini, Nosratollah Khosravi-Roodsari, and
Matthew Trevithick, the release of whom was
announced on January 16, 2016.
(2) Actions to be assessed.--In assessing actions of the
forces of Iran under paragraph (1)(A), the President shall
consider, at a minimum, the following actions:
(A) The stopping, boarding, search, and seizure of
the two United States Navy riverine combat vessels in
the incident described in paragraph (1)(A).
(B) The removal from their vessels and detention of
members of the United States Armed Forces in that
incident.
(C) The theft or confiscation of electronic
navigational equipment or any other equipment from the
vessels.
(D) The forcing of one or more members of the
United States Armed Forces to apologize for their
actions.
(E) The display, videotaping, or photographing of
members of the United States Armed Forces and the
subsequent broadcasting or other use of those
photographs or videos.
(F) The forcing of female members of the United
States Armed Forces to wear head coverings.
(3) Description of actions.--In the case of each action
that the President determines under paragraph (1)(A) is a
violation of the Geneva Convention or the right under
international law to conduct innocent passage, the President
shall include in the report required by that paragraph a
description of the action and an explanation of how the action
violated the Geneva Convention or the right to conduct innocent
passage, as the case may be.
(4) Form of report.--The report required by paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
(b) List of Certain Persons Who Have Been Complicit in Violations
of the Geneva Convention or the Right To Conduct Innocent Passage.--
(1) In general.--Not later than 30 days after the
submission of the report required by subsection (a), if the
President has determined that one or more actions of the forces
of Iran constituted a violation of the Geneva Convention or the
right under international law to conduct innocent passage, the
President shall submit to the appropriate congressional
committees a list of persons who are officials of the
Government of Iran or were acting on behalf of that Government
that, based on credible evidence, are responsible for or
complicit in, or responsible for ordering, controlling, or
otherwise directing, any such violation.
(2) Updates of list.--The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1) as new information becomes available.
(3) Public availability.--To the maximum extent
practicable, the list required by paragraph (1) shall be made
available to the public and posted on publicly accessible
Internet websites of the Department of Defense and the
Department of State.
(c) Imposition of Sanctions.--
(1) In general.--The President shall impose the sanctions
described in paragraph (2) with respect to each person on the
list required by subsection (b).
(2) Sanctions.--
(A) Prohibition on entry and admission to the
united states.--An alien on the list required by
subsection (b) may not--
(i) be admitted to, enter, or transit
through the United States;
(ii) receive any lawful immigration status
in the United States under the immigration
laws; or
(iii) file any application or petition to
obtain such admission, entry, or status.
(B) Blocking of property.--
(i) In general.--The President shall,
pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.),
block and prohibit all transactions in all
property and interests in property of a person
on the list required by subsection (b) if such
property and interests in property are in the
United States, come within the United States,
or are or come within the possession or control
of a United States person.
(ii) Exception relating to importation of
goods.--
(I) In general.--The authority to
block and prohibit all transactions in
all property and interests in property
under clause (i) shall not include the
authority to impose sanctions on the
importation of goods.
(II) Good.--In this subparagraph,
the term ``good'' has the meaning given
that term in section 16 of the Export
Administration Act of 1979 (50 U.S.C.
4618) (as continued in effect pursuant
to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.)).
(iii) Penalties.--A person that violates,
attempts to violate, conspires to violate, or
causes a violation of clause (i) or any
regulation, license, or order issued to carry
out clause (i) shall be subject to the
penalties set forth in subsections (b) and (c)
of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) to the
same extent as a person that commits an
unlawful act described in subsection (a) of
that section.
(d) Definitions.--In this section:
(1) Admitted; alien; immigration laws.--The terms
``admitted'', ``alien'', and ``immigration laws'' have the
meanings given those terms in section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Permanent Select Committee
on Intelligence of the House of Representatives.
(3) Forces of iran.--The term ``forces of Iran'' means the
Islamic Revolutionary Guard Corps, members of other military or
paramilitary units of the Government of Iran, and other agents
of that Government.
(4) Geneva convention.--The term ``Geneva Convention''
means the Convention relative to the Treatment of Prisoners of
War, done at Geneva on August 12, 1949 (6 UST 3316) (commonly
referred to as the ``Geneva Convention (III))''.
(5) Innocent passage.--The term ``innocent passage'' means
the principle under customary international law that all
vessels have the right to conduct innocent passage through
another country's territorial waters for the purpose of
continuous and expeditious traversing.
(6) 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. | No Impunity for Iranian Aggression at Sea Act of 2016 This bill requires the President to submit a report that includes: a determination of whether, during the June 2016 incident when Iranian forces boarded two U.S. Navy combat vessels and detained the crews at gunpoint, any of the Iranian actions violated the Geneva Convention or the international right to conduct innocent passage; and a certification of whether or not federal funds were paid to Iran to effect the release of the detained crew members or other U.S. citizens. The bill prescribes specified Iranian actions that the President shall consider, including: (1) the stopping, boarding, search, and seizure of the U.S. Navy vessels and the removal and detention of the crews; and (2) the display, videotaping, or photographing of U.S. service members and the subsequent use of those photographs or videos. The President shall: (1) upon a determination that such a violation occurred, submit and make public a list of Iranian government officials or persons acting on behalf of the Iranian government who are responsible for or complicit in any such violation; and (2) prohibit U.S. entry or admission and block property transactions of listed persons. | No Impunity for Iranian Aggression at Sea Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Digital Opportunity Investment Trust
Act''.
SEC. 2. ESTABLISHMENT OF TRUST.
(a) In General.--There is established a trust to be known as the
``Digital Opportunity Investment Trust'' (referred to in this Act as
the ``Trust'').
(b) Funds.--
(1) In general.--The Trust shall consist of such amounts as
are transferred to the Trust under paragraph (2) and any
interest earned on the investment of amounts in the Trust under
section 4.
(2) Transfer of funds.--The Secretary of the Treasury shall
transfer each fiscal year quarter, through fiscal year 2020,
from the general fund of the Treasury to the Trust, an amount
equal to 30 percent of the cash payment received by the Federal
Government during the preceding fiscal year quarter from--
(A) auctions of the publicly owned electromagnetic
spectrum; and
(B) fees derived from the usage of the publicly
owned electromagnetic spectrum, excluding the fees
imposed by the Federal Communications Commission to
defray the costs of the Commission's operations
associated with the electromagnetic spectrum.
(c) Administration of the Trust.--
(1) Board.--
(A) Establishment.--A board (referred to in this
Act as the ``Board'') shall be established to oversee
the administration of Trust funds, consisting of 9
members appointed by the President, by and with the
advice and consent of the Senate, who--
(i) reflect representation from the public
and private sectors;
(ii) are not regular full-time employees of
the Federal Government;
(iii) are eminent in such fields as
education, telecommunications, information
technology, labor and workforce development,
cultural and civic affairs, or the arts and
humanities; and
(iv) will provide, as nearly as
practicable, a broad representation of various
regions of the United States, various
professions and occupations, and various kinds
of talent and experience appropriate to the
functions and responsibilities of the Trust.
(B) Recommendations.--The Majority Leader of the
Senate, the Minority Leader of the Senate, the Speaker
of the House of Representatives, and the Minority
Leader of the House of Representatives shall submit to
the President recommendations of individuals to serve
as members of the Board.
(C) Terms of appointment.--
(i) Date.--Members of the Board shall be
appointed not later than 90 days after the date
of enactment of this Act.
(ii) Terms.--
(I) In general.--Each member of the
Board shall be appointed for 6 years
(except as provided in subclause (II)),
with terms set to expire in non-Federal
election years.
(II) Staggered terms.--From the
first Board--
(aa) 3 members shall serve
for a term of 6 years;
(bb) 3 members shall serve
for a term of 4 years; and
(cc) 3 members shall serve
for a term of 2 years.
(iii) Vacancies.--A vacancy on the Board
shall not affect the Board's powers, and shall
be filled in the same manner as the original
member was appointed.
(D) Chair and vice-chair.--
(i) Selection.--The Board shall select,
from among the members of the Board, an
individual to serve for a 2-year term as Chair
of the Board and an individual to serve for a
2-year term as vice-Chair of the Board.
(ii) Consecutive terms.--An individual may
not serve for more than 2 consecutive terms as
Chair of the Board.
(E) Meetings.--
(i) First meeting.--Not later than 30 days
after the date on which all of the members of
the Board have been confirmed, the Chair of the
Board shall call the first meeting of the
Board.
(ii) Quorum.--A majority of the members of
the Board shall constitute a quorum, but a
lesser number of members may hold hearings.
(F) Board personnel matters.--
(i) Compensation.--Members of the Board
shall receive no additional pay, allowances, or
benefits by reason of the members' service on
the Board.
(ii) Travel expenses.--The members of the
Board 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 Board.
(2) Director.--A majority of the members of the Board shall
select a Director of the Trust who shall serve at the
discretion of the Board and shall be responsible for hiring all
personnel of the Trust and instituting procedures to carry out
the policies and priorities established by the Board.
(d) Trust Fund Uses.--
(1) Uses of funds.--In order to achieve the objectives of
this Act, the Director of the Trust, after consultation with
the Board, may use Trust funds--
(A) to help underwrite the digitization of the
collections in the Nation's universities, museums,
libraries, and cultural institutions;
(B) to enable schools, community colleges,
universities, libraries, museums, civic organizations,
cultural, arts, and humanities centers, and nonprofit
agencies or organizations described in section
501(c)(3) of the Internal Revenue Code of 1986 that are
exempt from tax under section 501(a) of such Code to
take advantage of innovative telecommunications and information
technologies;
(C) to support basic and applied research,
development, and demonstrations of innovative-based
learning systems, including assessment tools and other
system components;
(D) to develop applications of research, including
the creation of prototypes, models, and pilot projects,
as well as the initial production of content and
software for digital and information technologies for
use in educational curricula and other educational
purposes, including job training, skills training,
public safety, civic information, and lifelong
learning;
(E) to develop innovative technologies for training
and dissemination of public information for safety and
homeland security;
(F) to develop new tools and means of dissemination
for innovative advances in job training and retraining;
and
(G) to conduct assessments of legal, regulatory,
and other issues that must be resolved to ensure rapid
development and use of advanced learning technologies
and legislative or other remedies that may remove
barriers or create incentives that can help make use of
the innovations developed pursuant to this Act.
(2) Contracts and grants.--
(A) In general.--In order to carry out the
activities described in paragraph (1), the Director of
the Trust, with the agreement of a majority of the
members of the Board, may award contracts and grants to
nonprofit public institutions (with or without private
partners) and competent for-profit organizations and
individuals.
(B) Public domain.--
(i) In general.--The research and
development properties and materials associated
with a project in which a majority of the
funding used to carry out the project is from a
grant or contract under this Act shall be
freely and nonexclusively available to the
general public.
(ii) Exemption.--The Director of the Trust
may exempt specific projects from the
requirement of clause (i) if the Director of
the Trust and a majority of the members of the
Board determine that the general public will
benefit significantly in the long run due to
the project not being freely and nonexclusively
available to the general public.
(C) Evaluation of proposals.--To the extent
practicable, proposals for such contracts or grants
shall be evaluated on the basis of comparative merit by
panels of experts who represent diverse interests and
perspectives, and who are appointed by the Director of
the Trust.
(3) Cooperation.--The Director of the Trust, after
consultation with the Board, may cooperate with business,
industry, philanthropy, and local and national public service
institutions, including enhancing the work of such public
service institutions by seeking new ways to put
telecommunications and information technologies to work in
their areas of interest.
SEC. 3. ACCOUNTABILITY AND REPORTING.
(a) Report.--
(1) In general.--Not later than April 30 of each year, the
Director of the Trust shall prepare a report for the preceding
fiscal year, ending September 30, and shall submit such report
to the Assistant Secretary of the National Telecommunications
and Information Administration.
(2) Contents.--The report shall include--
(A) a comprehensive and detailed report of the
Trust's operations, activities, financial condition,
and accomplishments, and such recommendations as the
Director of the Trust determines appropriate; and
(B) a comprehensive and detailed inventory of funds
distributed from the Trust during the preceding fiscal
year.
(3) Submission to the president and congress.--The
Assistant Secretary of the National Telecommunications and
Information Administration shall submit the report received
pursuant to paragraph (1) to the President and the appropriate
committees of Congress.
(b) Testimony.--The Chair of the Board, other members of the Board,
and the Director and principal officers of the Trust shall testify
before appropriate committees of Congress, upon request of such
committees, with respect to--
(1) the report prepared under subsection (a)(1); and
(2) any other matter that such committees may determine
appropriate.
SEC. 4. INVESTMENT OF TRUST FUNDS.
(a) In General.--The Director of the Trust, after consultation with
the Board and the Director of the Office of Management and Budget,
shall invest the funds of the Trust in interest-bearing obligations of
the United States or in obligations guaranteed as to both principal and
interest by the United States.
(b) Expenditures.--
(1) In general.--The Director of the Trust shall not
undertake grant or contract activities under this Act until the
Trust has received the interest or other proceeds from the
investment of the Trust funds for not less than 1 year's
duration. Thereafter, upon approval of the annual budget of the
Trust, the Director of the Trust may commence such grant or
contract activities at the start of each fiscal year.
(2) Obligation of funds.--
(A) In general.--Except as provided in subparagraph
(B), in awarding grants or contracts or making other
expenditures, the Director of the Trust shall not
obligate funds from the Trust that exceed the proceeds
received from the investment of the funds in the Trust
during the preceding fiscal year.
(B) Carry over.--Funds from the Trust that are
available for obligation for a fiscal year that are not
obligated for such fiscal year shall remain available
for obligation for the succeeding fiscal year. | Digital Opportunity Investment Trust Act - Establishes the Digital Opportunity Investment Trust (the Trust), which shall receive 30 percent of the cash payment received by the Federal Government each fiscal year quarter through FY 2020 from auctions of the publicly owned electromagnetic spectrum and fees derived from the use of such spectrum. Establishes a Board to oversee administration of Trust funds. Establishes a Director of the Trust. Provides authorized Trust uses. Allows the Director of the Trust to award contracts and grants to nonprofit public institutions (with or without private partners) for innovative and experimental ideas and techniques to enhance learning and achieve specified related goals.Directs the Director to invest funds of the Trust in U.S. interest bearing or U.S.-guaranteed obligations. | A bill entitled the "Digital Opportunity Investment Trust Act". |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fulfilling the Potential of Women in
Academic Science and Engineering Act of 2011''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Many reports over the past decade have found that it is
critical to our Nation's economic leadership and global
competitiveness that we educate and train more scientists and
engineers.
(2) In its 2007 report entitled ``Beyond Bias and
Barriers'', the National Academies stated that, in order to
maintain its scientific and engineering leadership amid
increasing economic and educational globalization, the United
States must aggressively pursue the innovative capacity of all
of its people--women and men.
(3) Research shows that the number of women who are
interested in science, technology, engineering, and mathematics
(STEM) careers is reduced at every educational transition, from
high school on through full professorships.
(4) According to data compiled by National Science
Foundation in 2006, women now earn about half of all science
and engineering bachelor's degrees, but major variations
persist among fields. For example, women still receive only 20
percent of all bachelor's degrees awarded in engineering and
physics.
(5) Even in science and engineering fields with a higher
representation of women, such as the social and behavioral
sciences, women remain underrepresented among university
faculty. According to data compiled by the National Science
Foundation, for over 30 years women have made up over 30
percent of the doctorates in social sciences and behavioral
sciences and over 20 percent in the life sciences. Yet, at the
top research institutions, only 15.4 percent of the full
professors in the social and behavioral sciences and 14.8
percent in the life sciences are women.
(6) Across fields, women remain a small portion of the
science and engineering faculty members at major research
universities, and they typically receive fewer institutional
resources for their research activities than their male
colleagues.
(7) Studies have not found any significant biological
differences between men and women in performing science and
mathematics that can account for the lower representation of
women in academic faculty and scientific leadership positions
in these fields.
(8) A substantial body of evidence establishes that most
people hold implicit biases. Decades of cognitive psychology
research reveals that most people carry prejudices of which
they are unaware but that nonetheless play a large role in
evaluations of people and their work. Unintentional biases and
outmoded institutional structures are hindering the access for
women to, and advancement of women in, science and engineering.
(9) Workshops held to educate faculty about unintentional
biases have demonstrated success in raising awareness of such
biases.
(10) The Federal Government provides over 60 percent of
research funding at institutions of higher education, and
through its grant making policies has had significant influence
on institution of higher education policies, including policies
related to institutional culture and structure.
SEC. 3. FULFILLING THE POTENTIAL OF WOMEN IN ACADEMIC SCIENCE AND
ENGINEERING.
(a) Definitions.--In this section--
(1) the term ``Federal science agency'' means any Federal
agency that is responsible for at least 2 percent of total
Federal research and development funding to institutions of
higher education, according to the most recent data available
from the National Science Foundation;
(2) the term ``institution of higher education'' has the
meaning given such term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a));
(3) the term ``STEM'' means science, technology,
engineering, and mathematics; and
(4) the term ``United States'' means the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and any other territory or possession
of the United States.
(b) Workshops To Enhance Gender Equity in Academic Science and
Engineering.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Director of the Office of Science
and Technology Policy shall develop a uniform policy for all
Federal science agencies to carry out a program of workshops
that educate program officers, members of grant review panels,
institution of higher education STEM department chairs, and
other federally funded researchers about methods that minimize
the effects of gender bias in evaluation of Federal research
grants and in the related academic advancement of actual and
potential recipients of these grants, including hiring, tenure,
promotion, and selection for any honor based in part on the
recipient's research record.
(2) Interagency coordination.--The Director of the Office
of Science and Technology Policy shall ensure that programs of
workshops across the Federal science agencies are coordinated
and supported jointly as appropriate. As part of this process,
the Director of the Office of Science and Technology Policy
shall ensure that at least 1 workshop is supported every 2
years among the Federal science agencies in each of the major
science and engineering disciplines supported by those
agencies.
(3) Organizations eligible to carry out workshops.--Federal
science agencies may carry out the program of workshops under
this subsection by making grants to eligible organizations. In
addition to any other organizations made eligible by the
Federal science agencies, the following organizations are
eligible for grants under this subsection:
(A) Nonprofit scientific and professional societies
and organizations that represent one or more STEM
disciplines.
(B) Nonprofit organizations that have the primary
mission of advancing the participation of women in
STEM.
(4) Characteristics of workshops.--The workshops shall have
the following characteristics:
(A) Invitees to workshops shall include at least--
(i) the chairs of departments in the
relevant discipline from at least the top 50
institutions of higher education, as determined
by the amount of Federal research and
development funds obligated to each institution
of higher education in the prior year based on
data available from the National Science
Foundation;
(ii) members of any standing research grant
review panel appointed by the Federal science
agencies in the relevant discipline;
(iii) in the case of science and
engineering disciplines supported by the
Department of Energy, the individuals from each
of the Department of Energy National
Laboratories with personnel management
responsibilities comparable to those of an
institution of higher education department
chair; and
(iv) Federal science agency program
officers in the relevant discipline, other than
program officers that participate in comparable
workshops organized and run specifically for
that agency's program officers.
(B) Activities at the workshops shall include
research presentations and interactive discussions or
other activities that increase the awareness of the
existence of gender bias in the grant-making process
and the development of the academic record necessary to
qualify as a grant recipient, including recruitment,
hiring, tenure review, promotion, and other forms of
formal recognition of individual achievement, and
provide strategies to overcome such bias.
(C) Research presentations and other workshop
programs, as appropriate, shall include a discussion of
the unique challenges faced by women who are members of
historically underrepresented groups.
(D) Workshop programs shall include information on
best practices and the value of mentoring undergraduate
and graduate women students as well as outreach to
girls earlier in their STEM education.
(5) Report.--
(A) In general.--Not later than 5 years after the
date of enactment of this Act, the Director of the
Office of Science and Technology Policy shall transmit
to the Committee on Science, Space, and Technology of
the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a
report evaluating the effectiveness of the program
carried out under this subsection to reduce gender bias
towards women engaged in research funded by the Federal
Government. The Director of the Office of Science and
Technology Policy shall include in this report any
recommendations for improving the evaluation process
described in subparagraph (B).
(B) Minimum criteria for evaluation.--In
determining the effectiveness of the program, the
Director of the Office of Science and Technology Policy
shall consider, at a minimum--
(i) the rates of participation by invitees
in the workshops authorized under this
subsection;
(ii) the results of attitudinal surveys
conducted on workshop participants before and
after the workshops;
(iii) any relevant institutional policy or
practice changes reported by participants; and
(iv) for individuals described in paragraph
(4)(A) (i) or (iii) who participated in at
least 1 workshop 3 or more years prior to the
due date for the report, trends in the data for
the department represented by the chair or
employee including faculty data related to
gender as described in section 4.
(C) Institutional attendance at workshops.--As part
of the report under subparagraph (A), the Director of
the Office of Science and Technology Policy shall
include a list of institutions of higher education
science and engineering departments whose
representatives attended the workshops required under
this subsection.
(6) Minimizing costs.--To the extent practicable, workshops
shall be held in conjunction with national or regional
disciplinary meetings to minimize costs associated with
participant travel.
(c) Extended Research Grant Support and Interim Technical Support
for Caregivers.--
(1) Policies for caregivers.--Not later than 6 months after
the date of enactment of this Act, the Director of the Office
of Science and Technology Policy shall develop a uniform policy
to--
(A) extend the period of grant support for
federally funded researchers who have caregiving
responsibilities; and
(B) provide funding for interim technical staff
support for federally funded researchers who take a
leave of absence for caregiving responsibilities.
(2) Report.--Upon developing the policy required under
paragraph (1), the Director of the Office of Science and
Technology Policy shall transmit a copy of the policy to the
Committee on Science, Space, and Technology of the House of
Representatives and to the Committee on Commerce, Science, and
Transportation of the Senate.
(d) Collection of Data on Federal Research Grants.--
(1) In general.--Each Federal science agency shall collect
standardized annual composite information on demographics,
field, award type and budget request, review score, and funding
outcome for all applications for research and development
grants to institutions of higher education supported by that
agency.
(2) Reporting of data.--
(A) The Director of the Office of Science and
Technology Policy shall establish a policy to ensure
uniformity and standardization of data collection
required under paragraph (1).
(B) Not later than 2 years after the date of
enactment of this Act, and annually thereafter, each
Federal science agency shall submit data collected
under paragraph (1) to the National Science Foundation.
(C) The National Science Foundation shall be
responsible for storing and publishing all of the grant
data submitted under subparagraph (B), disaggregated
and cross-tabulated by race, ethnicity, and gender, in
conjunction with the biennial report required under
section 37 of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885d).
(e) Publication of List of Institutional Participation in Workshops
To Enhance Gender Equity in Academic Science and Engineering.--The
Director of the Office of Science and Technology Policy, on the basis
of data reported by the Federal science agencies, shall publish
annually a list of institutions of higher education science and
engineering departments represented by individuals who attend the
workshops described in this section. The list shall be publicly
available through the Web site of the Office of Science and Technology
Policy. Any institution of higher education science and engineering
department that is publicized on the list may publicize its receipt of
such recognition on its Web site, in printed materials, or through
other means.
SEC. 4. COLLECTION OF DATA ON DEMOGRAPHICS OF FACULTY.
(a) Collection of Data.--The Director of the National Science
Foundation shall report, in conjunction with the biennial report
required under section 37 of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885d), statistical summary data on the
demographics of STEM discipline faculty at institutions of higher
education in the United States, disaggregated and cross-tabulated by
race, ethnicity, and gender. At a minimum, the Director shall
consider--
(1) the number and percent of faculty by gender, race, and
age;
(2) the number and percent of faculty at each rank, by
gender, race, and age;
(3) the number and percent of faculty who are in nontenure-
track positions, including teaching and research, by gender,
race, and age;
(4) the number of faculty who are reviewed for promotion,
including tenure, and the percentage of that number who are
promoted, by gender, race, and age;
(5) faculty years in rank by gender, race, and age;
(6) faculty attrition by gender, race, and age;
(7) the number and percent of faculty hired by rank,
gender, race, and age; and
(8) the number and percent of faculty in leadership
positions, including endowed or named chairs, serving on
promotion and tenure committees, by gender, race, and age.
(b) Recommendations.--The Director of the National Science
Foundation shall solicit input and recommendations from relevant
stakeholders, including representatives from institutions of higher
education and nonprofit organizations, on the collection of data
required under subsection (a), including the development of standard
definitions on the terms and categories to be used in the collection of
such data.
(c) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Director of the National Science Foundation
shall submit a report to Congress on how the National Science
Foundation will gather the demographic data on STEM faculty,
including--
(1) a description of the data to be reported and the
sources of those data;
(2) justification for the exclusion of any data described
in paragraph (1); and
(3) a list of the definitions for the terms and categories,
such as ``faculty'' and ``leadership positions'', to be applied
in the reporting of all data described in paragraph (1). | Fulfilling the Potential of Women in Academic Science and Engineering Act of 2011 - Defines a "federal science agency" as any federal agency responsible for at least 2% of total federal research and development funding to institutions of higher education (IHEs), according to National Science Foundation (NSF) data.
Requires the Director of the Office of Science and Technology Policy (OSTP) to develop a policy for federal science agencies to carry out a program of workshops that educate specified federally funded researchers about methods that minimize the effects of gender bias in the evaluation of federal research grants and in the related academic advancement of the recipients of these grants.
Authorizes federal science agencies to make grants to eligible organizations to carry out workshops.
Requires OSTP to support at least one workshop every two years among the federal science agencies in the major science and engineering disciplines.
Requires the Director to develop a policy to extend research grant support and provide interim technical support for federally funded researchers who are caregivers.
Requires federal science agencies to collect specified standardized annual data for all applications for research and development grants to IHEs and to submit the data collected to the NSF.
Requires NSF to report statistical summary data on the demographics of STEM (science, technology, engineering, and mathematics) faculty at IHEs in the United States and report to Congress on how NSF will gather such data. | To provide for fulfilling the potential of women in academic science and engineering, and for other purposes. |
PROCEDURES.
(a) In General.--Section 7123 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(c) Availability of Dispute Resolutions.--
``(1) In general.--The procedures prescribed under
subsection (b)(1) and the pilot program established under
subsection (b)(2) shall provide that a taxpayer may request
mediation or arbitration in any case unless the Secretary has
specifically excluded the type of issue involved in such case
or the class of cases to which such case belongs as not
appropriate for resolution under such subsection. The Secretary
shall make any determination that excludes a type of issue or a
class of cases public within 5 working days and provide an
explanation for each determination.
``(2) Independent mediators.--
``(A) In general.--The procedures prescribed under
subsection (b)(1) shall provide the taxpayer an
opportunity to elect to have the mediation conducted by
an independent, neutral individual not employed by the
Internal Revenue Service Office of Appeals.
``(B) Cost and selection.--
``(i) In general.--Any taxpayer making an
election under subparagraph (A) shall be
required--
``(I) to share the costs of such
independent mediator equally with the
Internal Revenue Service Office of
Appeals, and
``(II) to limit the selection of
the mediator to a roster of recognized
national or local neutral mediators.
``(ii) Exception.--Clause (i)(I) shall not
apply to any taxpayer who is an individual or
who was a small business in the preceding
calendar year if such taxpayer had an adjusted
gross income that did not exceed 250 percent of
the poverty level, as determined in accordance
with criteria established by the Director of
the Office of Management and Budget, in the
taxable year preceding the request.
``(iii) Small business.--For purposes of
clause (ii), the term `small business' has the
meaning given such term under section
41(b)(3)(D)(iii).
``(3) Availability of process.--The procedures prescribed
under subsection (b)(1) and the pilot program established under
subsection (b)(2) shall provide the opportunity to elect
mediation or arbitration at the time when the case is first
filed with the Office of Appeals and at any time before
deliberations in the appeal commence.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 9. EXTENSION OF TIME FOR CONTESTING IRS LEVY.
(a) Extension of Time for Return of Property Subject to Levy.--
Subsection (b) of section 6343 of the Internal Revenue Code of 1986 is
amended by striking ``9 months'' and inserting ``3 years''.
(b) Period of Limitation on Suits.--Subsection (c) of section 6532
of the Internal Revenue Code of 1986 is amended--
(1) in paragraph (1) by striking ``9 months'' and inserting
``3 years'', and
(2) in paragraph (2) by striking ``9-month'' and inserting
``3-year''.
(c) Effective Date.--The amendments made by this section shall
apply to--
(1) levies made after the date of the enactment of this
Act, and
(2) levies made on or before such date if the 9-month
period under section 6343(b) of the Internal Revenue Code of
1986 (without regard to this section) has not expired as of
such date.
SEC. 10. WAIVER OF INSTALLMENT AGREEMENT FEE.
(a) In General.--Section 6159 of the Internal Revenue Code of 1986
is amended by redesignating subsection (f) as subsection (g) and by
inserting after subsection (e) the following new subsection:
``(f) Waiver of Installment Agreement Fee.--The Secretary shall
waive the fees imposed on installment agreements under this section for
any taxpayer with an adjusted gross income that does not exceed 250
percent of the poverty level, as determined in accordance with criteria
established by the Director of the Office of Management and Budget, and
who has agreed to make payments under the installment agreement by
electronic payment through a debit instrument.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 11. SUSPENSION OF RUNNING OF PERIOD FOR FILING PETITION OF SPOUSAL
RELIEF AND COLLECTION CASES.
(a) Petitions for Spousal Relief.--
(1) In general.--Subsection (e) of section 6015 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(6) Suspension of running of period for filing petition
in title 11 cases.--In the case of a person who is prohibited
by reason of a case under title 11, United States Code, from
filing a petition under paragraph (1)(A) with respect to a
final determination of relief under this section, the running
of the period prescribed by such paragraph for filing such a
petition with respect to such final determination shall be
suspended for the period during which the person is so
prohibited from filing such a petition, and for 60 days
thereafter.''.
(2) Effective date.--The amendment made by this subsection
shall apply to petitions filed under section 6015(e) of the
Internal Revenue Code of 1986 after the date of the enactment
of this Act.
(b) Collection Proceedings.--
(1) In general.--Subsection (d) of section 6330 of the
Internal Revenue Code of 1986 is amended--
(A) by striking ``appeal such determination to the
Tax Court'' in paragraph (1) and inserting ``petition
the Tax Court for review of such determination'',
(B) by striking ``Judicial review of
determination'' in the heading of paragraph (1) and
inserting ``Petition for review by tax court'',
(C) by redesignating paragraph (2) as paragraph
(3), and
(D) by inserting after paragraph (1) the following
new paragraph:
``(2) Suspension of running of period for filing petition
in title 11 cases.--In the case of a person who is prohibited
by reason of a case under title 11, United States Code, from
filing a petition under paragraph (1) with respect to a
determination under this section, the running of the period
prescribed by such subsection for filing such a petition with
respect to such determination shall be suspended for the period
during which the person is so prohibited from filing such a
petition, and for 30 days thereafter.''.
(2) Conforming amendment.--Subsection (c) of section 6320
of such Code is amended by striking ``(2)(B)'' and inserting
``(3)(B)''.
(3) Effective date.--The amendments made by this subsection
shall apply to petitions filed under section 6330 of the
Internal Revenue Code of 1986 after the date of the enactment
of this Act.
SEC. 12. VENUE FOR APPEAL OF SPOUSAL RELIEF AND COLLECTION CASES.
(a) In General.--Paragraph (1) of section 7482(b) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``or'' at the end of subparagraph (E),
(2) by striking the period at the end of subparagraph
(F)(ii) and inserting a comma, and
(3) by inserting after subparagraph (F) the following new
subparagraphs:
``(G) in the case of a petition under section
6015(e), the legal residence of the petitioner, or
``(H) in the case of a petition under section 6320
or 6330--
``(i) the legal residence of the petitioner
if the petitioner is an individual, and
``(ii) the principal place of business or
principal office or agency if the petitioner is
an entity other than an individual.''.
(b) Effective Date.--The amendments made by this section shall
apply to petitions filed after the date of enactment of this Act.
SEC. 13. INCREASE IN MONETARY PENALTIES FOR CERTAIN UNAUTHORIZED
DISCLOSURES OF INFORMATION.
(a) In General.--Paragraphs (1), (2), (3), and (4) of section
7213(a) of the Internal Revenue Code of 1986 are each amended by
striking ``$5,000'' and inserting ``$10,000''.
(b) Effective Date.--The amendments made by this section shall
apply to disclosures made after the date of the enactment of this Act.
SEC. 14. DE NOVO TAX COURT REVIEW OF CLAIMS FOR EQUITABLE INNOCENT
SPOUSE RELIEF.
(a) In General.--Subparagraph (A) of section 6015(e)(1) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new flush sentence:
``Any review of a determination by the Secretary with
respect to a claim for equitable relief under
subsection (f) shall be reviewed de novo by the Tax
Court.''.
(b) Effective Date.--The amendment made by this section shall apply
to petitions filed or pending before the Tax Court on and after the
date of the enactment of this Act.
SEC. 15. BAN ON RAISING NEW ISSUES ON APPEAL.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new section:
``SEC. 7529. PROHIBITION ON INTERNAL REVENUE SERVICE RAISING NEW ISSUES
IN AN INTERNAL APPEAL.
``(a) In General.--In reviewing an appeal of any determination
initially made by the Internal Revenue Service, the Internal Revenue
Service Office of Appeals may not consider or decide any issue that is
not within the scope of the initial determination.
``(b) Certain Issues Deemed Outside of Scope of Determination.--For
purposes of subsection (a), the following matters shall be considered
to be not within the scope of a determination:
``(1) Any issue that was not raised in a notice of
deficiency or an examiner's report which is the subject of the
appeal.
``(2) Any deficiency in tax which was not included in the
initial determination.
``(3) Any theory or justification for a tax deficiency
which was not considered in the initial determination.
``(c) No Inference With Respect to Issues Raised by Taxpayers.--
Nothing in this section shall be construed to provide any limitation in
addition to any limitations in effect on the date of the enactment of
this section on the right of a taxpayer to raise an issue, theory, or
justification on an appeal from a determination initially made by the
Internal Revenue Service that was not within the scope of the initial
determination.''.
(b) Clerical Amendment.--The table of sections for chapter 77 of
such Code is amended by adding at the end the following new item:
``Sec. 7529. Prohibition on Internal Revenue Service raising new issues
in an internal appeal.''.
(c) Effective Date.--The amendments made by this section shall
apply to matters filed or pending with the Internal Revenue Service
Office of Appeals on or after the date of the enactment of this Act.
SEC. 16. LIMITATION ON ENFORCEMENT OF LIENS AGAINST PRINCIPAL
RESIDENCES.
(a) In General.--Section 7403(a) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``In any case'' and inserting the
following:
``(1) In general.--In any case'', and
(2) by adding at the end the following new paragraph:
``(2) Limitation with respect to principal residence.--
``(A) In general.--Paragraph (1) shall not apply to
any property used as the principal residence of the
taxpayer (within the meaning of section 121) unless the
Secretary of the Treasury makes a written determination
that--
``(i) all other property of the taxpayer,
if sold, is insufficient to pay the tax or
discharge the liability, and
``(ii) such action will not create an
economic hardship for the taxpayer.
``(B) Delegation.--For purposes of this paragraph,
the Secretary of the Treasury may not delegate any
responsibilities under subparagraph (A) to any person
other than--
``(i) the Commissioner of Internal Revenue,
or
``(ii) a district director or assistant
district director of the Internal Revenue
Service.''.
(b) Effective Date.--The amendments made by this section shall
apply to actions filed after the date of the enactment of this Act.
SEC. 17. ADDITIONAL PROVISIONS RELATING TO MANDATORY TERMINATION FOR
MISCONDUCT.
(a) Termination of Unemployment for Inappropriate Review of Tax-
Exempt Status.--Section 1203(b) of the Internal Revenue Service
Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note) is amended
by striking ``and'' at the end of paragraph (9), by striking the period
at the end of paragraph (10) and inserting ``; and'', and by adding at
the end the following new paragraph:
``(11) in the case of any review of an application for tax-
exempt status by an organization described in section 501(c) of
the Internal Revenue Code of 1986, developing or using any
methodology that applies disproportionate scrutiny to any
applicant based on the ideology expressed in the name or
purpose of the organization.''.
(b) Mandatory Unpaid Administrative Leave for Misconduct.--
Paragraph (1) of Section 1203(c) of the Internal Revenue Service
Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note) is amended
by adding at the end the following new sentence: ``Notwithstanding the
preceding sentence, if the Commissioner of Internal Revenue takes a
personnel action other than termination for an act or omission
described in subsection (b), the Commissioner shall place the employee
on unpaid administrative leave for a period of not less than 30
days.''.
(c) Limitation on Alternative Punishment.--Paragraph (1) of section
1203(c) of the Internal Revenue Service Restructuring and Reform Act of
1998 (26 U.S.C. 7804 note) is amended by striking ``The Commissioner''
and inserting ``Except in the case of an act or omission described in
subsection (b)(3)(A), the Commissioner''.
SEC. 18. EXTENSION OF DECLARATORY JUDGMENT PROCEDURES TO SOCIAL WELFARE
ORGANIZATIONS.
(a) In General.--Section 7428(a)(1) of the Internal Revenue Code of
1986 is amended by striking ``or'' at the end of subparagraph (C) and
by adding at the end the following new subparagraph:
``(E) with respect to the initial classification or
continuing classification of an organization described
in section 501(c)(4) which is exempt from tax under
section 501(a), or''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to pleading filed after the date of the enactment of
this Act.
SEC. 19. REVIEW BY THE TREASURY INSPECTOR GENERAL FOR TAX
ADMINISTRATION.
(a) Review.--Subsection (k)(1) of section 8D of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) by redesignating subparagraph (D) as subparagraph (E);
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) shall--
``(i) review any criteria employed by the
Internal Revenue Service to select tax returns
(including applications for recognition of tax-
exempt status) for examination or audit,
assessment or collection of deficiencies,
criminal investigation or referral, refunds for
amounts paid, or any heightened scrutiny or
review in order to determine whether the
criteria discriminates against taxpayers on the
basis of race, religion, or political ideology;
and
``(ii) consult with the Internal Revenue
Service on recommended amendments to such
criteria in order to eliminate any
discrimination identified pursuant to the
review described in clause (i); and''; and
(4) in subparagraph (E), as so redesignated, by striking
``and (C)'' and inserting ``(C), and (D)''.
(b) Semiannual Report.--Subsection (g) of such section is amended
by adding at the end the following new paragraph:
``(3) Any semiannual report made by the Treasury Inspector
General for Tax Administration that is required pursuant to
section 5(a) shall include--
``(A) a statement affirming that the Treasury
Inspector General for Tax Administration has reviewed
the criteria described in subsection (k)(1)(D) and
consulted with the Internal Revenue Service regarding
such criteria; and
``(B) a description and explanation of any such
criteria that was identified as discriminatory by the
Treasury Inspector General for Tax Administration.''. | Small Business Taxpayer Bill of Rights Act of 2015 Amends the Internal Revenue Code to: (1) allow businesses with average annual gross receipts of not more than $50 million that prevail in an administrative or court proceeding involving the determination, collection, or refund of tax, interest, or penalty to recover their costs incurred in such proceedings; (2) increase the amount of civil damages against Internal Revenue Service (IRS) officers or employees for reckless, intentional, or negligent disregard of internal revenue laws and extend from two to five years the period for bringing a claim for damages; (3) increase the penalties against federal officers or employees for unlawful acts in connection with internal revenue laws and for unauthorized disclosures or inspections of tax returns; and (4) allow a taxpayer whose interest abatement claim does not exceed $50,000 to elect to bring a small tax case petition in U.S. Tax Court. Prohibits ex parte communications between officers in the IRS Office of Appeals and other IRS employees with respect to matters pending before such officers and employees. Authorizes new alternative dispute resolution procedures for taxpayer disputes with the IRS. Extends to three years: (1) the period in which taxpayer property that has been wrongfully levied upon may be returned, and (2) the period for bringing suit against the United States for a wrongful tax levy. Authorizes the waiver of the fee for establishing an installment agreement for payment of tax for certain low-income taxpayers who agree to make electronic debit payments. Allows a taxpayer seeking review of a claim for innocent spouse relief or of a collection case in U.S. Tax Court a 60-day suspension of the period for filing a petition for such review when the U.S. Bankruptcy Court has issued an automatic stay in a bankruptcy case involving the taxpayer's claim. Allows de novo review in U.S. Tax Court of any determination by the IRS with respect to a claim for equitable innocent spouse relief. Prohibits the IRS Office of Appeals from considering or deciding any new issue in an internal appeal that is not within the scope of the initial determination made in a taxpayer's case. Prohibits the imposition of a tax lien against a taxpayer's principal residence unless a written determination is made that all other property of the taxpayer, if sold, is insufficient to pay the tax liability and the lien will not create an economic hardship for the taxpayer. Requires the termination of an IRS employee for disproportionate scrutiny of an organization applying for tax-exempt status based on the ideology expressed in the name or purpose of the organization. Authorizes a court to issue a declaratory judgment with respect to the initial or continuing classification of a tax-exempt social welfare organization. Requires the Inspector General for Tax Administration of the Department of the Treasury to: (1) review any IRS criteria for selection of tax returns for examination or audit, assessment or collection of deficiencies, criminal investigation or referral, refunds for amounts paid, or any heightened scrutiny or review to determine whether such criteria discriminates against taxpayers on the basis of race, religion, or political ideology; and (2) consult with the IRS on recommended amendments to such criteria. | Small Business Taxpayer Bill of Rights Act of 2015 |
SECTION 1. AVAILABILITY OF FREE BROADCAST TIME.
Title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.)
is amended by inserting after section 315 the following new section:
``free broadcast time for senate candidates
``Sec. 315A. (a) In addition to broadcast time that a licensee
makes available to a candidate under section 315(a), a television
station licensee shall make available at no charge, for allocation to
Senate candidates within its broadcast area under section 503 of the
Federal Election Campaign Act of 1971, 3 hours of broadcast time during
a prime time access period described in section 501 of that Act to each
Senatorial campaign committee designated under section 502 of that Act.
``(b) An appearance by a candidate on a news or public service
program at the invitation of a television station or other organization
that presents such a program shall not be counted toward time made
available pursuant to subsection (a).''.
SEC. 2. ALLOCATION BY SENATORIAL CAMPAIGN COMMITTEES.
The Federal Election Campaign Act of 1971 (2 U.S.C. 301 et seq.) is
amended by adding at the end thereof the following new title:
``TITLE V--DISSEMINATION OF POLITICAL INFORMATION
``SEC. 501. DEFINITIONS.
``For the purposes of this title--
``(1) the term `free broadcast time' means time provided by
a television station during a prime time access period pursuant
to section 315A of the Communications Act of 1934;
``(2) the term `major party' means a political party whose
candidate the Senate in a State placed first or second in the
number of popular votes received in either of the 2 most recent
general elections;
``(3) the term `minor party' means a political party other
than a major party--
``(A) whose candidate for the Senate in a State
received more than 5 percent of the popular vote in the
most recent general election; or
``(B) which files with the Commission, not later
than 90 days before the date of a general or special
election in a State, the number of signatures of
registered voters in the State that is equal to 5
percent of the popular vote for the office of Senator
in the most recent general or special election in the
State;
``(4) the term `prime time access period' means the time
between 7:30 p.m. and 8:00 p.m. of a weekday during the period
beginning on the date that is 60 days before the date of a
general election or special election for the Senate and ending
on the day before the date of the election; and
``(5) the term `Senatorial campaign committee' means the
committee of a political party designated under section 602.
``SEC. 502. DESIGNATION OF SENATORIAL CAMPAIGN COMMITTEES.
``(a) Application.--(1)(A) The national committee of a major party
or minor party that has established a committee for the specific
purpose of providing support to candidates for the Senate may file with
the Commission an application for designation of that committee as the
Senatorial campaign committee of that political party for the purposes
of this title.
``(B) The national committee of a major party or minor party that
has not established a committee for the specific purpose of providing
support to candidates for the Senate may file with the Commission an
application for designation of the national committee as the Senatorial
campaign committee of that political party for the purposes of this
title.
``(2) An application under paragraph (1) shall be in such form as
the Commission may require and shall include a certification by the
applicant that the Senatorial campaign committee will--
``(A) allocate free broadcast time in accordance with
section 503 to candidates for the Senate in general and special
elections in which at least 1 other candidate for the Senate
have qualified for the general election ballot;
``(B) keep and furnish to the Commission any books,
records, or other information it may request; and
``(C) cooperate in any audit by the Commission.
``(3) The Commission shall determine whether to approve or deny an
application under this section not later than 7 days after receipt.
``(b) If the Commission makes a determination to deny an
application under this section, the applicant shall be afforded a
hearing with respect to the determination in accordance with section
554 of title 5, United States Code.
``SEC. 503. ALLOCATION AND USE OF FREE BROADCAST TIME.
``(a) Allocation.--A Senatorial campaign committee of a political
party shall allocate free broadcast time made available by a television
station licensee under section 315A of the Communications Act of 1934
among the candidates of that party for the Senate in the licensee's
broadcast area.
``(b) Use.--A Senatorial campaign committee shall ensure that--
``(1) free broadcast time is used in a manner that promotes
a rational discussion and debate of issues with respect to the
elections involved;
``(2) in programs in which free broadcast time is used, not
more than 25 percent of the time of the broadcast shall consist
of presentations other than a candidate's own remarks;
``(3) free broadcast time is used in segments of not less
than 1 minute; and
``(4) not more than 15 minutes of free broadcast time is
used by any 1 candidate in a 24-hour period.
``SEC. 504. REPORTS TO CONGRESS.
``The Commission shall submit to Congress, not later than June 1 of
each year that follows a year in a general election for the Senate is
held, a report setting forth the amount of free broadcast time
allocated to candidates under section 503.
``SEC. 505. PARTICIPATION BY COMMISSION IN JUDICIAL PROCEEDINGS.
``(a) In General.--The Commission may appear in any action filed
under this section, either by attorneys employed in its office or by
counsel whom it may appoint without regard to the provisions of title
5, United States Code, governing appointments in the competitive
service, and whose compensation it may fix without regard to the
provisions of chapter 51 and title III of chapter 53 of that title.
``(b) Enforcement.--The Commission may petition a district court of
the United States for declaratory or injunctive relief concerning any
civil matter arising under this title, through attorneys and counsel
described in subsection (a).
``(c) Appeals.--The Commission may, on behalf of the United States,
appeal from, and petition the Supreme Court of the United States for
certiorari to review, a judgment or decree entered with respect to an
action in which it appeared pursuant to this section.''. | Amends the Communications Act of 1934 to require television stations to make three hours of broadcast time during a prime time access period available at no charge to each Senatorial campaign committee of a political party.
Amends the Federal Election Campaign Act of 1971 to provide for the designation of such committees and the allocation by them of the free broadcast time among the party candidates. | A bill to amend the Communications Act of 1934 and the Federal Election Campaign Act of 1971 to better inform the electorate in Senate elections. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Overseas Voting Education and
Reform, Safeguarding Every American's Vote Act'' or the ``OVERSEAS Vote
Act''.
SEC. 2. PROHIBITING REFUSAL TO ACCEPT ABSENTEE BALLOT FOR FAILURE TO
INCLUDE NOTARIZATION ON RETURN ENVELOPE.
Section 103 of the Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973ff-2) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Prohibiting Refusal To Accept Ballot For Failure to Include
Notarization on Return Envelope.--A State may not refuse to accept or
process any otherwise valid absentee ballot, including the Federal
write-in absentee ballot, submitted by an absent uniformed services
voter or overseas voter on the grounds that the envelope in which the
ballot is submitted is not notarized or witnessed by a Notary Public or
other official authorized to administer oaths.''.
SEC. 3. WAIVING REQUIREMENT TO APPLY FOR STATE ABSENTEE BALLOT AS
CONDITION FOR USE OF FEDERAL WRITE-IN ABSENTEE BALLOT.
(a) Waiving Requirement.--Section 103(a) of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(a)) is
amended by striking ``who make timely applications for'' and all that
follows through ``absentee ballots'' and inserting a period.
(b) Conforming Amendment Relating to Timing of Request.--Section
103(b) of such Act (42 U.S.C. 1973ff-2(b)) is amended--
(1) by adding ``or'' at the end of paragraph (1);
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
SEC. 4. PROVISION OF BALLOTS IN SUBSEQUENT ELECTIONS.
(a) Permitting Voters To Request Absentee Ballots in All Subsequent
Elections.--Section 104(a) of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-3(a)) is amended by striking
``through the next 2 regularly scheduled general elections'' and all
that follows through ``such general elections),'' and inserting
``(subject to subsections (b) and (d)),''
(b) Waiver of Requirement To Provide Absentee Ballots in Subsequent
Elections to Individuals With Unknown Addresses.--Section 104(a) of
such Act (42 U.S.C. 1973ff-3(a)) is amended by striking the period at
the end and inserting the following: ``, other than any election
occurring after any absentee ballot or other election material sent by
the State to the voter is returned to the State as undeliverable or
with no forwarding address within the State.''.
SEC. 5. GRANT PROGRAM FOR OVERSEAS CIVILIAN VOTER OUTREACH.
(a) Establishment of Program.--
(1) Program described.--The Election Assistance Commission
(hereafter referred to as the ``Commission'') shall establish
and operate a program for making grants to eligible
organizations for carrying out activities to assist overseas
civilian voters in voting in elections for Federal office and
to increase turnout among such voters by providing them with
information in advance of the date of an election on how to
cast absentee ballots in such elections.
(2) Period of grant.--Each grant awarded under the program
under this section shall cover a 2-year period.
(b) Eligibility of Organizations.--
(1) In general.--An organization is eligible to receive a
grant under the program under this section if the organization
submits to the Commission, at such time and in such form as the
Commission may require, an application containing information
and assurances that the organization meets the specific
requirements for eligibility described in paragraph (2),
together with such other information and assurances as the
Commission considers appropriate.
(2) Specific requirements for eligibility.--The specific
requirements described in this paragraph are as follows:
(A) The organization is nonpartisan in nature and
will carry out activities funded by the grant in a non
partisan manner.
(B) The organization will use the funds provided
under the grant to carry out projects designed to
increase the meaningful participation of overseas
voters in elections for Federal office.
(C) The organization will carry out projects that
include at least one of the following activities:
(i) Outreach and education to identify
overseas civilian voters and provide them with
accurate information about voter registration
and voting in elections for Federal office, and
to provide the information well in advance of
applicable State deadlines.
(ii) Providing assistance to overseas
civilian voters in registering to vote and
casting ballots in elections for Federal
office, and to provide the assistance well in
advance of applicable State deadlines.
(D) The organization will file the reports required
under subsection (d).
(3) Joint eligibility of multiple organizations.--Two or
more organizations may be considered a single eligible
organization for purposes of receiving a grant under the
program under this section, so long as each of them meet the
specific requirements for eligibility described in paragraph
(2).
(c) Criteria for Selection Among Eligible Organizations.--In
selecting among eligible organizations for making grants under the
program under this section and in determining the amount of the grant
awarded, the Commission shall take into consideration the following:
(1) The need to ensure an appropriate distribution of
participants among various geographic areas, based upon the
most recent available data on the number and location of
overseas civilian voters.
(2) The extent to which the organizations enter into
partnerships and other collaborative agreements to carry out
the projects involved.
(3) The extent to which the organization's approach to
providing services under the projects reflects innovation and
creativity, including the use of innovative technologies.
(4) In the case of overseas civilian voter education
projects, the clarity of presentation and ease of use of the
information provided to voters.
(d) Reporting Requirement.--
(1) Reports.--Each eligible organization that receives a
grant under the program under this section shall submit to the
Commission a report containing the following information with
respect to each year covered by the grant:
(A) A description of the projects carried out with
funds provided under the grant during the year (and
arranged to be carried out during the succeeding year,
in the case of a report with respect to an odd-numbered
year).
(B) The number of overseas civilian voters to whom
outreach was provided under the projects.
(C) The number of overseas civilian voters
registered during the year under the projects.
(D) In the case of a report filed with respect to
an odd-numbered year, the organization's target for the
number of overseas civilian voters to whom the
organization will provide assistance during the
following year (including the target for the number of
absentee ballots to be cast by such voters).
(E) In the case of a report filed with respect to
an even-numbered year, the number of overseas civilian
voters to whom the organization provided assistance
during the year and the number of absentee ballots cast
by such voters.
(F) The organization's analysis of the
opportunities for replication of the projects.
(2) Deadline.--The organization shall submit the report
required under this subsection with respect to a year not later
than 90 days after the end of the year.
(e) Overseas Civilian Voter Defined.--In this section, the term
``overseas civilian voter'' means an overseas voter defined in section
107(5) of the Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff-6(5)), but does not include an individual described in
subparagraph (A) of such section.
(f) Authorization of Appropriations.--
(1) Amount authorized.--There are authorized to be
appropriated for grants under the program under this section an
aggregate amount of $5,000,000 for fiscal year 2008 and each of
the first 4 succeeding 2-fiscal year periods.
(2) Availability.--Amounts appropriated pursuant to the
authorization under this subsection shall remain available
until expended.
SEC. 6. OTHER OUTREACH EFFORTS TO ENCOURAGE OVERSEAS CITIZENS TO CAST
ABSENTEE BALLOTS IN ELECTIONS.
(a) Requiring Offices With Overseas Personnel To Provide Notice of
Opportunities To Cast Absentee Ballots.--
(1) In general.--The head of each office of the Federal
government that has employees whose designated post of duty is
outside the United States shall provide such employees with
notice of the rights provided to absent uniformed services
voters and overseas voters under the Uniformed and Overseas
Citizens Absentee Voting Act to submit voter registration and
absentee ballot requests and to submit absentee ballots
(including the Federal write-in absentee ballot described in
such Act).
(2) Timing of notice.--The head of an office shall provide
the notice required under paragraph (1) not later than December
1 of each odd-numbered year and August 1 of each even-numbered
year.
(b) Including Information in Passports.--The Secretary of State
shall ensure that each passport issued on or after the date of the
enactment of this Act includes a page describing the rights provided to
overseas voters under the Uniformed and Overseas Citizens Absentee
Voting Act to submit voter registration and absentee ballot requests
and to submit absentee ballots (including the Federal write-in absentee
ballot described in such Act), and shall include on the page a list of
resources through which individuals may obtain additional information
regarding such rights.
SEC. 7. APPLICATION OF UOCAVA TO CERTAIN INDIVIDUALS NEVER RESIDING IN
UNITED STATES.
Section 107(5)(C) of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff-6(5)(C)) is amended to read as follows:
``(C) a person who resides outside the United
States and (but for such residence) would be qualified
to vote--
``(i) in the last place in which the person
was domiciled before leaving the United States,
or
``(ii) in the case of an individual who has
never resided in the United States, in the last
place in which the person's parent or guardian
was domiciled before leaving the United
States;''.
SEC. 8. EFFECTIVE DATE.
Except as otherwise provided, this Act and the amendments made by
this Act shall apply with respect to the regularly scheduled general
election for Federal office held in November 2008 and each succeeding
election for Federal office. | Overseas Voting Education and Reform, Safeguarding Every American's Vote Act, or OVERSEAS Vote Act - Amends the Uniformed and Overseas Citizen Absentee Voting Act (UOCAVA) to prohibit a state from refusing to accept or process any otherwise valid absentee ballot submitted by an absent uniformed services voter or overseas voter on the grounds that the envelope in which the ballot is submitted is not notarized or witnessed by a notary public or other official authorized to administer oaths.
Repeals the requirement to apply for state absentee ballot as a condition for use of a federal write-in absentee ballot.
Permits voters to request absentee ballots in all subsequent elections.
Directs the Election Assistance Commission (EAC) to establish and operate a program of grants to eligible nonpartisan organizations for activities to: (1) assist overseas civilian voters in voting in federal elections; and (2) increase turnout by providing them with information in advance of an election on how to cast absentee ballots.
Requires the head of each office of the federal government with employees whose designated post of duty is outside the United States to notify them of the rights provided by UOCAVA to absent uniformed services voters and overseas voters.
Directs the Secretary of State to ensure that each passport issued after enactment of this Act describes such rights.
Extends application of UOCAVA to certain individuals who have never resided in the United States. | To amend the Uniformed and Overseas Citizens Absentee Voting Act to promote the participation of absent overseas voters in elections for Federal office, and for other purposes. |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Congress strongly supports providing every honorably
discharged veteran the opportunity to be buried in a national
veterans cemetery in recognition of their sacrifices for the
freedoms enjoyed by every citizen of the United States.
(2) The Department of Veterans Affairs has determined that
a population threshold of 170,000 eligible people living within
a 75-mile service radius is appropriate to merit the
establishment of a new national cemetery in areas of greatest
need nationwide.
(3) Although the Department of Veterans Affairs estimates a
projected veterans population of 133,000 within a 75-mile
radius of the city of Bellevue, Nebraska, an independent
analysis conducted by the Metropolitan Area Planning Agency
located in Omaha, Nebraska, concluded that 172,500 people who
reside within a 75-mile radius of Bellevue would be eligible to
be buried in a national cemetery.
(4) Congress has consistently authorized the construction
of six new national cemeteries every four years since 1999,
with the first six established by section 611 of the Veterans
Millennium Health Care and Benefits Act (Public Law 106-117; 38
U.S.C. 2400 note) and the next six established by the National
Cemetery Expansion Act of 2003 (Public Law 108-109; 38 U.S.C.
2400 note).
(5) The independent report titled ``Future Burial Needs''
and completed for the Department of Veterans Affairs in 2002
pursuant to section 613 of the Veterans Millennium Health Care
and Benefits Act (Public Law 106-117; 38 U.S.C. 2404 note)
recommended Omaha, Nebraska, as a location for a new national
cemetery to be built in 2005.
(6) The Midwest Health Care Network of the Department of
Veterans Affairs, which is responsible for the provision of
health care for veterans residing in Iowa and Nebraska,
currently serves a high population of aging veterans.
(7) Major veterans and military advocacy organizations
endorse the establishment of a national cemetery to serve
veterans and their family members in the eastern Nebraska and
western Iowa regions, including the following:
(A) The Nebraska Department of Disabled American
Veterans.
(B) The Heartland of America Chapter of the
Military Officers Association of America.
(C) The Great Plains Chapter of Paralyzed Veterans
of America.
(D) The Nebraska Department of Veterans of Foreign
Wars.
(E) The Nebraska chapter of Vietnam Veterans of
America.
(F) The Nebraska Military Order of the Purple
Heart.
(G) The Nebraska State Air Force Association.
(H) The Air Force Sergeants Association, Chapter
984.
(I) The Nebraska Department of the American Legion.
(J) The Forty & Eight Charitable Veterans.
(K) The Nebraska chapter of the American Ex-
Prisoners of War.
(L) The Nebraska chapter of Gold Star Wives.
(M) The Korean War Veterans Association, Nebraska
Chapter 1.
(N) The Marine Corps League in Nebraska.
(O) The Nebraska Department of American Veterans.
(8) Such organizations represent a combined membership of
not less than 85,700 veterans and military advocates in the
State of Nebraska.
SEC. 2. ESTABLISHMENT OF NATIONAL CEMETERY IN EASTERN NEBRASKA REGION.
(a) In General.--The Secretary of Veterans Affairs shall establish,
in accordance with chapter 24 of title 38, United States Code, a
national cemetery in the eastern Nebraska region to serve the needs of
veterans and their families in the eastern Nebraska and western Iowa
regions.
(b) Consultation in Selection of Site.--Before selecting the site
for the national cemetery established under subsection (a), the
Secretary shall consult with--
(1) appropriate officials of the State of Nebraska and
local officials in the eastern Nebraska region; and
(2) appropriate officials of the United States, including
the Administrator of General Services, with respect to land
belonging to the United States in that region that would be
suitable to establish the national cemetery under subsection
(a).
(c) Report.--As soon as practicable after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on the
establishment of the national cemetery under subsection (a). The report
shall set forth a schedule for such establishment and an estimate of
the costs associated with such establishment. | Directs the Secretary of Veterans Affairs to establish a national cemetery in eastern Nebraska to serve the needs of veterans and their families in eastern Nebraska and western Iowa. | A bill to direct the Secretary of Veterans Affairs to establish a national cemetery in the eastern Nebraska region to serve veterans in the eastern Nebraska and western Iowa regions. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reducing Medicare Costs through
Innovation Act''.
SEC. 2. MEDICARE COMMERCIALIZATION GRANTS.
(a) Definitions.--In this section:
(1) The term--
(A) ``Administrator'' means the Administrator of
the Centers for Medicare & Medicaid Services; and
(B) ``Secretary'' means the Secretary of Health and
Human Services.
(2) The terms ``commercialization'', ``Phase I'', ``Phase
II'', ``Phase III'', ``SBIR'', and ``STTR'' have the meanings
given those terms in section 9(e) of the Small Business Act (15
U.S.C. 638(e)).
(3) The term ``eligible medical product'' means a product--
(A) for which a grant recipient received a Medicare
commercialization grant;
(B) which will maintain or improve quality of care
while reducing costs (as determined by the Secretary);
and
(C)(i) that is a drug, as defined under section
201(g)(1) of Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(g)(1));
(ii) that is a biological product, as defined in
section 351 of the Public Health Service Act (42 U.S.C.
262);
(iii) that is a combination product, as described
in section 503(g) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 353(g)); or
(iv) that is a device, as defined in section 201(h)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321(h)), for which approval under section 515 of such
Act is required.
(4) The term ``eligible small business concern'' means a
small business concern that--
(A) has a focus on the diseases or conditions that
are the top 10 cost drivers in the Medicare program
under title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.), as determined by the Secretary in
accordance with subsection (b)(3);
(B) is otherwise eligible for a Centers for
Medicare & Medicaid Services SBIR or STTR program
grant;
(C) has completed Phase I activities; and
(D) has funding for Phase II activities.
(5) The term ``small business concern'' has the meaning
given the term in section 3 of the Small Business Act (15
U.S.C. 632).
(b) Medicare Commercialization Grants.--
(1) Establishment of program.--The Secretary shall
establish within the Centers for Medicare & Medicaid Services
SBIR or STTR program a grant program referred to as the
``Medicare commercialization grant program'' through which the
Secretary shall award grants to eligible small business
concerns with approved applications to assist such small
business concerns in Phase III activities related to developing
novel eligible medical products and receiving approval or
clearance by the Food and Drug Administration for such eligible
medical products in accordance with paragraph (2).
(2) Approval process for grant recipient's novel drugs,
devices, or diagnostics.--A grantee may choose to submit an
application for approval of novel drugs, devices, or
diagnostics through a traditional approval process or through
the pilot program for parallel review of medical products
described in subsection (c).
(3) Applications.--
(A) Solicitation of applications.--The Secretary
shall issue an annual solicitation of applications for
the grant program under paragraph (1), with a focus on
the diseases or conditions that are the top 10 cost
drivers in the Medicare program under title XVIII of
the Social Security Act (42 U.S.C. 1395 et seq.), as
determined by the Secretary in accordance with
subparagraph (B).
(B) Cost drivers in medicare.--The Secretary shall
assess, in consultation with stakeholders, and take
into consideration for purposes of determining such
cost drivers and the eligibility of a small business
concern, as described in subsection (a)(4)(A)--
(i) high volume medical procedures that are
paid for under the Medicare program;
(ii) diseases or conditions that a high
number of Medicare beneficiaries are affected
by;
(iii) high cost medical procedures that are
paid for under the Medicare program;
(iv) diseases or conditions that Medicare
beneficiaries are affected by that result in a
high cost to the Medicare program; and
(v) areas described in clauses (i) through
(iv) for which there is a high potential for
innovation or cost reduction.
(C) Application requirement.--Each eligible small
business concern that applies for a Medicare
commercialization grant shall include in the
application for such grant a description of each source
of funding for the eligible business concern and the
amount of funding from each such source.
(4) Duration.--An eligible small business concern may
receive a Medicare commercialization grant for a period of not
less than 1 year and not more than 3 years.
(5) No limit on number of recipients.--The Secretary shall
not limit the number of eligible small business concerns that
may receive a Medicare commercialization grant.
(6) Periodic assessment.--At the completion of the third
year for which grants are awarded under this subsection, the
Secretary shall prepare an assessment containing information
about the cost reductions and improvements in care that result
from such grants, including--
(A) a general assessment of the cost drivers that
the grants were intended to address;
(B) information about the novel eligible medical
products that the grantees developed or received
approval or clearance for with the aid of grant funding
under this subsection; and
(C) the potential for a reduction in costs that may
result if such novel eligible medical products were
used nationwide.
(7) Report.--The Secretary shall prepare and submit to
Congress, at the completion of the third year for which grants
are awarded under this subsection and following the assessment
described in paragraph (6), a summary report containing the
information described in paragraph (6). The Secretary shall
also post each such report on the website of the Department of
Health and Human Services.
(8) Funding.--To carry out the grant program under this
subsection, the Secretary shall use amounts allocated for the
SBIR and STTR programs of the Department of Health and Human
Services under subsections (f) and (n), respectively, of
section 9 of the Small Business Act (15 U.S.C. 638).
(9) Collaboration.--The Secretary shall collaborate with
the heads of other divisions within the Department of Health
and Human Services as the Secretary determines necessary to
carry out this subsection.
(c) Pilot Program for Parallel Review of Medical Products.--
(1) In general.--Not later than 60 days after the date of
enactment of this section, the Secretary and the Administrator
shall jointly establish a pilot program for parallel review of
eligible medical products that is similar to the ``Pilot
Program for Parallel Review of Medical Products'' described in
the notice of the Centers for Medicare & Medicaid Services,
published in the Federal Register on October 11, 2011 (76 Fed.
Reg. 62808) (referred to in this subsection as the ``pilot
program''). Such pilot program shall not affect the applicable
criteria or standards for approving, clearing, or classifying
medical products under the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 301) and shall not affect the criteria and standards
relating to determinations about a reimbursement designation or
a national coverage determination under the Medicare program
under title XVIII of the Social Security Act.
(2) Purpose.--The purposes of the pilot program are to--
(A) reduce the timeline of the review processes for
purposes of approval by the Food and Drug
Administration under the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301) and a reimbursement
designation and a national coverage determination under
the Medicare program under title XVIII of the Social
Security Act for certain medical products developed by
Medicare commercialization grant recipients; and
(B) increase the efficiency of, and communication
between, the Department of Health and Human Services
and the Centers for Medicare & Medicaid Services.
(3) Eligible participants.--The pilot program established
under this subsection shall be available--
(A) only to recipients of a Medicare
commercialization grant under this subsection (b) who
choose to participate in such pilot program; and
(B) only for the review of eligible medical
products.
(4) Parallel review process.--As part of the pilot
program--
(A) to the extent practicable, the Secretary and
the Administrator shall notify participating grant
recipients of the data that may be necessary for the
grant recipient to submit at the beginning of the
review process; and
(B) the Administrator shall begin review for
purposes of a reimbursement designation and a national
coverage determination under the Medicare program under
title XVIII of the Social Security Act for an eligible
medical product while the Secretary of Health and Human
Services is reviewing that eligible medical product for
approval under the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 301).
(5) Allocation of resources.--The Administrator shall
allocate the resources necessary to carry out the pilot
program. | Reducing Medicare Costs through Innovation Act This bill establishes a Medicare commercialization grant program, through which the Centers for Medicare & Medicaid Services (CMS) shall award grants to eligible small businesses for certain activities related to developing novel eligible medical products and receiving Food and Drug Administration (FDA) approval for such products. CMS shall solicit grant applications annually, with a focus on the diseases or conditions that are the top ten cost drivers in the Medicare program. To carry out the grant program, CMS shall use amounts allocated under the Small Business Act for the Small Business Innovation Research and Small Business Technology Transfer programs. The bill also establishes a pilot program (similar to a pilot program that was previously established in regulation) for parallel review of medical products with the purpose of reducing, with respect to certain medical products developed by Medicare commercialization grant recipients, the timeline for FDA approval and Medicare national coverage determinations. A Medicare commercialization grant applicant may choose to apply for FDA approval of novel medical products either through a traditional process or through the pilot program. | Reducing Medicare Costs through Innovation Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alien Smuggling and Terrorism
Prevention Act of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Alien smuggling by land, air, and sea is a
transnational crime that--
(A) violates the integrity of United States
borders;
(B) compromises the sovereignty of the United
States;
(C) places our Nation at risk of terrorist
activity; and
(D) contravenes the rule of law.
(2) Aggressive enforcement activity against alien smuggling
is needed to protect the borders of the United States and to
ensure our Nation's security. The border security and
antismuggling efforts of the men and women on the Nation's
front line of defense are commendable. Special recognition
should be given to the Border Patrol, the Coast Guard, United
States Customs and Border Protection, United States Immigration
and Customs Enforcement, and the Federal Bureau of
Investigation.
(3) The law enforcement community must be given the
statutory tools necessary to address this security threat. The
United States Attorneys Offices and the Domestic Security
Section of the Criminal Division cannot prosecute these cases
successfully without effective alien smuggling statutes.
(4) Alien smuggling has a destabilizing effect on border
communities. State and local law enforcement, medical
personnel, social service providers, and the faith community
play important roles in combating smuggling and responding to
its effects.
(5) Existing penalties for alien smuggling are insufficient
to provide appropriate punishment for alien smugglers.
(6) Existing alien smuggling laws often fail to reach the
conduct of alien smugglers, transporters, recruiters, guides,
and boat captains.
(7) Existing laws concerning failure to heave to are
insufficient to appropriately punish boat operators and crew
who engage in the reckless transportation of aliens on the high
seas and seek to evade capture.
(8) Much of the conduct in alien smuggling rings occurs
outside of the United States. Extraterritorial jurisdiction is
needed to ensure that smuggling rings can be brought to justice
for recruiting, sending, and facilitating the movement of those
who seek to enter the United States without lawful authority.
(9) Alien smuggling can include unsafe or recklessly
dangerous conditions that expose individuals to particularly
high risk of injury or death.
SEC. 3. CHECKS AGAINST TERRORIST WATCH LIST.
The Secretary of Homeland Security shall, to the extent
practicable, check, against all available terrorist watch lists, alien
smugglers and smuggled individuals who are interdicted at the land,
air, and sea borders of the United States.
SEC. 4. STRENGTHENING PROSECUTION AND PUNISHMENT OF ALIEN SMUGGLERS.
Section 274(a) of the Immigration and Nationality Act (8 U.S.C.
1324(a)) is amended--
(1) by amending the subsection heading to read as follows:
``Bringing in, Harboring, and Smuggling of Unlawful and
Terrorist Aliens.--'';
(2) by amending paragraph (1) to read as follows:
``(1)(A) A person shall be subject to the penalties
described in subparagraph (D) if the person, knowing or in
reckless disregard of the fact that an individual is an alien
who lacks lawful authority to come to, enter, or reside in the
United States, knowingly--
``(i) brings that individual to the United States,
regardless of any future official action which may be
taken with respect to that individual;
``(ii) recruits, encourages, or induces that
individual to come to, enter, or reside in the United
States;
``(iii) transports or moves that individual in the
United States, in furtherance of that individual's
unlawful presence; or
``(iv) harbors, conceals, or shields from detection
that individual in any place in the United States,
including any building or means of transportation.
``(B) A person shall be subject to the penalties described
in subparagraph (D) if the person, knowing that an individual
is an alien, brings that individual to the United States at a
place other than a designated port of entry or a place
designated by the Secretary of Homeland Security, regardless of
whether such alien has received prior official authorization to
come to, enter, or reside in the United States and regardless
of any future official action which may be taken with respect
to that individual.
``(C) A person who attempts or conspires to commit any
offense described subparagraph (A) or (B) shall be subject to
the same penalties as a person who completes the offense.
``(D) A person who commits any offense described in this
paragraph shall, for each individual in respect to whom such
offense occurs--
``(i) be fined under title 18, United States Code,
imprisoned not more than 5 years, or both if the
offense is not described in any of clauses (ii) through
(vii);
``(ii) be fined under such title, imprisoned not
more than 1 year, or both, if the offense involved the
transit of the defendant's spouse, child, sibling,
parent, grandparent, or niece or nephew and is not
described in any of clauses (iii) through (vi);
``(iii) be fined under such title, imprisoned not
more than 10 years, or both if the violation is
described in clauses (ii), (iii), or (iv) of
subparagraph (A) or subparagraph (B) and was committed
for the purpose of profit, commercial advantage, or
private financial gain;
``(iv) be fined under such title and imprisoned, in
the case of a first or second violation, for a term of
not fewer than 3 years and not more than 10 years, and
for any subsequent violation, for a term of not fewer
than 5 years and not more than 15 years, if the
offense--
``(I) is described in subparagraph (A)(i)
and was committed for the purpose of profit,
commercial advantage, or private financial
gain; or
``(II) was committed with the intent or
reason to believe that the individual
unlawfully brought into the United States will
commit an offense against the United States or
any State that is punishable by imprisonment
for more than 1 year;
``(v) be fined under such title, imprisoned not
more than 20 years, or both if the offense--
``(I) results in serious bodily injury (as
defined in section 1365 of title 18, United
States Code); or
``(II) places in jeopardy the life of any
person;
``(vi) be fined under such title, imprisoned not
more than 30 years, or both if the offense involved an
individual who the person knew was engaged in or
intended to engage in terrorist activity (as defined in
section 212(a)(3)(B));
``(vii) be fined under such title, imprisoned for
any term of years or for life, or both if the offense
involves kidnaping, an attempt to kidnap, conduct
required for aggravated sexual abuse (as defined in
section 2241 without regard to where it takes place),
an attempt to commit such abuse, or an attempt to kill;
and
``(viii) fined under such title, punished by death
or imprisoned for any term of years or for life, or
both if the offense results in the death of any
person.''; and
(3) by amending paragraph (2) to read as follows:
``(2)(A) There is extraterritorial jurisdiction over the
offenses described in paragraph (1).
``(B) In a prosecution for a violation of, or an attempt or
conspiracy to violate subparagraph (A)(i), (A)(ii), or (B) of
paragraph (1), that occurs on the high seas, no defense based
on necessity can be raised unless the defendant--
``(i) reported to the Coast Guard, as soon as
practicable--
``(I) the circumstances of the necessity;
and
``(II) if a rescue is claimed, the name,
description, registry number, and location of
the vessel engaging in the rescue; and
``(ii) did not bring, attempt to bring, or in any
manner intentionally facilitate the entry of any alien
into the land territory of the United States without
lawful authority, unless exigent circumstances existed
that placed the life of that alien in danger, in which
case the reporting requirement under clause (i) is
satisfied by notifying the Coast Guard as soon as
practicable after delivering the alien to emergency
medical or law enforcement personnel ashore.
``(C) It is a defense to a violation of, or an attempt or
conspiracy to violate, clause (iii) or (iv) of paragraph (1)(A)
for a religious denomination having a bona fide nonprofit,
religious organization in the United States, or the agents or
officer of such denomination or organization, to encourage,
invite, call, allow, or enable an alien who is present in the
United States to perform the vocation of a minister or
missionary for the denomination or organization in the United
States as a volunteer who is not compensated as an employee,
notwithstanding the provision of room, board, travel, medical
assistance, and other basic living expenses, provided the
minister or missionary has been a member of the denomination
for at least 1 year.
``(D) In this paragraph and in paragraph (1)--
``(i) the term `lawful authority'--
``(I) means permission, authorization, or
waiver that is expressly provided for in the
immigration laws of the United States or the
regulations prescribed under those laws; and
``(II) does not include any such authority
secured by fraud or otherwise obtained in
violation of law or authority that has been
sought but not approved.
``(ii) the term `United States' means the several
States, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the United States
Virgin Islands, the Commonwealth of the Northern
Mariana Islands, and every other territory and
possession of the United States.''.
SEC. 5. MARITIME LAW ENFORCEMENT.
(a) Penalties.--Section 2237(b) of title 18, United States Code, is
amended to read as follows:
``(b)(1) Except as provided under paragraph (2), any person who
intentionally violates this section shall, be fined under this title,
imprisoned for not more than 5 years, or both.
``(2)(A) A person described in paragraph (1) shall be fined under
this title, imprisoned for not more than 10 years, or both if the
violation is committed in the course of a violation of--
``(i) section 274 of the Immigration and Nationality Act
(alien smuggling);
``(ii) chapter 77 (peonage, slavery, and trafficking in
persons), section 111 (shipping), 111A (interference with
vessels), 113 (stolen property), or 117 (transportation for
illegal sexual activity) of this title;
``(iii) chapter 705 (maritime drug law enforcement) of
title 46; or
``(iv) title II of the Act of June 15, 1917 (40 Stat. 220).
``(B) A person described in paragraph (1) shall be fined under this
title, imprisoned not more than 15 years, or both if the violation
results in serious bodily injury (as defined in section 1365) or
transportation under inhumane conditions.
``(C) A person described in paragraph (1) shall be fined under this
title, imprisoned for any term of years or for life, or both if the
violation--
``(i) results in death; or
``(ii) involves kidnaping, an attempt to kidnap, the
conduct required for aggravated sexual abuse (as defined in
section 2241 without regard to where it takes place), an
attempt to commit such abuse, or an attempt to kill.''.
(b) Limitation on Necessity Defense.--Section 2237(c) of title 18,
United States Code, is amended--
(1) by inserting ``(1)'' after ``(c)'';
(2) by adding at the end the following:
``(2) In a prosecution for a violation of this section, no defense
based on necessity can be raised unless the defendant--
``(A) as soon as practicable upon reaching shore, delivered
the person with respect to which the necessity arose to
emergency medical or law enforcement personnel;
``(B) as soon as practicable, reported to the Coast Guard
the circumstances of the necessity resulting giving rise to the
defense; and
``(C) did not bring, attempt to bring, or in intentionally
facilitate the entry of any alien (as defined in section
101(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(3))) into the land territory of the United States
without lawful authority, unless exigent circumstances existed
that placed the life of that alien in danger, in which case the
reporting requirement under subparagraph (B) is satisfied by
notifying the Coast Guard as soon as practicable after
delivering that person to emergency medical or law enforcement
personnel ashore.''.
(c) Definition.--Section 2237(e) of title 18, United States Code,
is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) the term `transportation under inhumane conditions'
means--
``(A) transportation of persons in an engine
compartment, storage compartment, or other confined
space;
``(B) transportation at an excessive speed;
``(C) transportation of a number of persons in
excess of the rated capacity of the means of
transportation; or
``(D) intentionally grounding a vessel in which
persons are being transported.''.
SEC. 6. AMENDMENT TO THE SENTENCING GUIDELINES.
(a) In General.--Pursuant to its authority under section 994 of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission shall review and, if appropriate,
amend the sentencing guidelines and policy statements applicable to
persons convicted of alien smuggling offenses and criminal failure to
heave to or obstruction of boarding.
(b) Considerations.--In carrying out this section, the Sentencing
Commission, shall--
(1) consider providing sentencing enhancements or
stiffening existing enhancements for those convicted of
offenses described in paragraph (1) that--
(A) involve a pattern of continued and flagrant
violations;
(B) are part of an ongoing commercial organization
or enterprise;
(C) involve aliens who were transported in groups
of 10 or more;
(D) involve the transportation or abandonment of
aliens in a manner that endangered their lives; or
(E) involve the facilitation of terrorist activity;
and
(2) consider cross-references to the guidelines for
criminal sexual abuse and attempted murder.
(c) Expedited Procedures.--The Commission may promulgate the
guidelines or amendments under this section in accordance with the
procedures set forth in section 21(a) of the Sentencing Act of 1987, as
though the authority under that Act had not expired. | Alien Smuggling and Terrorism Prevention Act of 2007 - Directs the Secretary of Homeland Security to check against all available terrorist watchlists those alien smugglers and smuggled individuals who are interdicted at U.S. land, air, and sea borders.
Revises alien smuggling and related criminal offense and penalty provisions. Provides extraterritorial jurisdiction over such offenses.
Limits a defense of necessity for knowingly bringing an illegal alien into the United States from the high seas.
Exempts from certain of such violations (transporting or harboring in the United States) a bona fide nonprofit, religious organization in the United States (or its agents or officers) that encourages, invites, or enables an alien who is present in the United States to serve as a volunteer minister or missionary for such organization in the United States, provided the minister or missionary has been a member of the denomination for at least one year.
Directs the United States Sentencing Commission to review and amend as appropriate sentencing guidelines and policy statements applicable to persons convicted of alien smuggling offenses and criminal failure to heave to or obstruction of boarding. | A bill to amend the Immigration and Nationality Act and title 18, United States Code, to combat the crime of alien smuggling and related activities, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Long Island Sound Restoration Act''.
SEC. 2. LONG ISLAND SOUND DEMONSTRATION PROGRAM.
(a) In General.--The Administrator shall carry out a demonstration
program under which the Administrator may make grants on an annual
basis to the States of New York and Connecticut in accordance with this
section.
(b) Purposes.--The Administrator shall carry out the program under
subsection (a)--
(1) to demonstrate methods of restoring and maintaining the
water quality of designated bays and harbors of Long Island
Sound at which water quality standards adopted pursuant to
section 303 of the Federal Water Pollution Control Act have not
been achieved or at which other significant water quality
degradation has occurred;
(2) to demonstrate the importance of controlling nonpoint
sources of pollution in restoring and maintaining water
quality;
(3) to enhance opportunities for water-dependent
recreational activities, maintain a healthy ecosystem, protect
and enhance marine life, minimize health risks associated with
human consumption of shellfish and finfish, and ensure that
social and economic benefits to the general public associated
with Long Island Sound are advanced; and
(4) to advance goals and recommendations contained in the
Comprehensive Conservation and Management Plan of the Long
Island Sound Study developed pursuant to section 320 of the
Federal Water Pollution Control Act.
(c) Designation of Bays and Harbors.--
(1) In general.--In order to be eligible to receive grants
under subsection (a), the States of New York and Connecticut
shall each designate in accordance with paragraphs (2) and (3)
bays and harbors of Long Island Sound at which the State plans
to carry out eligible activities with amounts of such grants
and transmit such designations to the Administrator.
(2) Designations by state of new york.--The State of New
York shall designate pursuant to paragraph (1) one bay or
harbor in each of the following 4 political subdivisions of the
State of New York: Westchester County, Nassau County, Suffolk
County, and New York City.
(3) Designations by state of connecticut.--The State of
Connecticut shall designate pursuant to paragraph (1) one bay
or harbor in 2 of the following 4 political subdivisions of the
State of Connecticut: Fairfield County, New Haven County,
Middlesex County, and New London County.
(4) Participation of management committee.--The States of
New York and Connecticut shall each make designations pursuant
to paragraph (1) in cooperation with the Management Committee
of the Long Island Sound Study established pursuant to section
320 of the Federal Water Pollution Control Act.
(5) Participation of new york city.--The State of New York
shall designate a bay or harbor in New York City pursuant to
paragraph (1) in cooperation with the Mayor of New York City
(or the designee of the Mayor).
(d) Terms and Conditions.--The Administrator may make a grant to a
State under subsection (a) only if the State enters into an agreement
with the Administrator which contains the following terms and
conditions for receipt of the grant:
(1) Use of grant.--Except as provided in paragraph (3), all
amounts of the grant shall be used by the State--
(A) to carry out eligible activities and a
monitoring program pursuant to paragraph (4) at bays
and harbors designated by the State pursuant to
subsection (c); and
(B) to educate the public, in coordination with the
office established pursuant to section 119 of the
Federal Water Pollution Control Act, on the
implementation and results of such eligible activities.
(2) Distribution of grants amounts.--Equal amounts of the
grant shall be used by the State for conducting eligible
activities at each bay and harbor designated pursuant to
subsection (c).
(3) Administrative expenses.--Not to exceed 1.5 percent of
the amount of the grant may be used by the State for staff
salaries and other administrative expenses incurred by the
State in carrying out activities with the grant.
(4) Monitoring.--The State shall design and carry out a
program for monitoring water quality at bays and harbors
designated pursuant to paragraph (c) in order to determine the
effectiveness of eligible activities being conducted by the
State using amounts of the grant. Activities under such program
shall be reviewed and evaluated by the Long Island Sound Study
Scientific and Technical Advisory Committee and by the Long
Island Sound Monitoring Work Group.
(5) Reporting.--The State shall comply with reporting
requirements contained in subsection (f).
(e) Distribution of Grants.--The Administrator shall use \2/3\ of
the amounts appropriated in a fiscal year to carry out this Act for
making grants to the State of New York under subsection (a) and \1/3\
of such amounts for making grants to the State of Connecticut under
subsection (a).
(f) Reports.--
(1) Reports to the administrator.--A State receiving a
grant under subsection (a) shall transmit to the Administrator,
not later than 18 months after the date of receipt of the grant
and biennially thereafter for the term of the program under
subsection (a), a report on eligible activities carried out by
the State using amounts of the grant and on the results of the
monitoring program carried out by the State pursuant to
subsection (d)(4), including a summary of evaluations conducted
pursuant to subsection (d)(4). Any such report may be
transmitted as part of a report submitted by the State pursuant
to section 320(h) of the Federal Water Pollution Control Act.
(2) Report to congress.--On or before the last day of the
5th fiscal year beginning after the date of the enactment of
this Act, the Administrator shall transmit to Congress a report
on the results of the program conducted under subsection (a),
together with an analysis on the extent to which the purposes
described in subsection (b)(3) have been realized and
recommendations for appropriate administrative and legislative
actions.
(g) Non-Federal Share.--The non-Federal share of the cost of
activities carried out with amounts from grants under subsection (a) in
a fiscal year shall be 30 percent. One-sixth of such non-Federal share
shall be provided by sources in the locality in which such activities
are carried out.
(h) Definitions.--For the purposes of this Act, the following
definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Eligible activity.--The term ``eligible activity''
means an activity conducted for the purpose of addressing one
or more of the following problems:
(A) Pollutants from nonpoint sources.--Urban and
suburban runoff of pollutants into Long Island Sound
from forestry, agriculture, and other land uses. Such
pollutants include sediments associated with logging,
pesticides, fertilizers, animal waste, litter,
overflows from failing septic systems, leaching of
contaminants from landfills, and discharges from
coastal development and construction sites.
(B) Waste from recreational boats.--The discharge
of waste into Long Island Sound from recreational boats
and the leaching of antifouling paints.
(C) Pollutants carried by rivers.--Pollutants which
are carried by rivers into Long Island Sound.
(D) Airborne pollutants.--Airborne pollutants which
are emitted and attached to or absorbed by moisture and
particles in the environment and which enter Long
Island Sound.
(E) Wetlands degradation.--The deterioration of
tidal wetlands of Long Island Sound from their natural
state and the adverse effects of such deterioration on
near-shore habitat.
(F) Pollutants from point sources.--Pollutants
discharged into Long Island Sound from a discharge
pipe, sewage treatment plant, or industrial facility.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act $50,000,000 per fiscal year for each
of the first 5 fiscal years beginning after the date of the enactment
of this Act. | Long Island Sound Restoration Act - Directs the Administrator of the Environmental Protection Agency to carry out a demonstration program to make annual grants to the States of New York and Connecticut for: (1) demonstrating methods of restoring and maintaining the water quality of designated bays and harbors of Long Island Sound at which water quality standards pursuant to the Federal Water Pollution Control Act have not been achieved or at which other significant water quality degradation has occurred; (2) demonstrating the importance of controlling nonpoint sources of pollution in restoring and maintaining water quality; (3) enhancing opportunities for water-dependent recreational activities, maintaining a healthy ecosystem, protecting and enhancing marine life, minimizing health risks associated with human consumption of shellfish and finfish, and ensuring that social and economic benefits to the public associated with the Sound are advanced; and (4) advancing goals and recommendations of the Comprehensive Conservation and Management Plan of the Long Island Sound Study. Requires the States of New York and Connecticut, in order to be eligible for grants, to designate bays and harbors of the Sound at which eligible activities will be carried out.
Requires grants to be used to: (1) carry out eligible activities and monitoring programs at designated bays and harbors; and (2) educate the public on the implementation and results of such activities.
Authorizes appropriations. | Long Island Sound Restoration Act |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Rural Health Care
Quality Improvement Act of 2016''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--RURAL HEALTH CARE
Sec. 101. Establishment of core set of rural health care quality
measures.
Sec. 102. Revisions to Medicare rural grants.
TITLE II--RURAL-BASED PAYMENT REFORMS
Sec. 201. Integrating core set of rural health care quality measures
into certain payment models.
Sec. 202. Center for Medicare and Medicaid Innovation testing of
providing financial incentives for rural
providers of services and suppliers to
submit data on quality measures.
Sec. 203. Center for Medicare and Medicaid Innovation testing of value-
based payment models for rural providers of
services and suppliers.
Sec. 204. Center for Medicare and Medicaid Innovation testing of
hospital readmissions reduction program for
rural hospitals.
Sec. 205. Participation by rural health clinics and Federally qualified
health centers in Comprehensive Primary
Care Plus model.
TITLE III--IMPROVING RURAL REPRESENTATION
Sec. 301. Inclusion of rural representation on CMS Rural Health
Council.
Sec. 302. Ensuring rural representation on the Medicare Payment
Advisory Commission and the Medicaid and
CHIP Payment and Access Commission.
TITLE I--RURAL HEALTH CARE
SEC. 101. ESTABLISHMENT OF CORE SET OF RURAL HEALTH CARE QUALITY
MEASURES.
(a) In General.--Title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.) is amended by inserting after section 1890A the following
new section:
``rural health care quality measures
``Sec. 1890B. (a) Establishment.--Not later than January 1, 2018,
the Secretary shall, using the process described in section 1890(b)(7),
establish a core set of relevant quality measures that address the
following with respect to rural providers of services and suppliers who
furnish items and services to individuals in rural areas:
``(1) Improving patient outcomes, such as mortality rates,
hospital acquired infections, hospital readmissions, and other
patient-reported outcomes.
``(2) Improving care coordination, transitions, and
medicine reconciliation.
``(3) Reducing costs.
``(4) Improving patient safety.
``(5) Use of preventive care services, including
immunizations and screening tests.
``(6) Improving care for individuals with chronic disease,
including cardiovascular disease, diabetes, behavioral health,
and other chronic conditions.
``(7) Other purposes specified by the Secretary.
``(b) Aligning Measures With Existing Quality Reporting
Requirements.--In establishing the core set of quality measures under
subsection (a), the Secretary shall reduce reporting burdens for small
rural providers of services and suppliers (as determined by the
Secretary) by, to the extent practicable, ensuring that such quality
measures are consistent with measures applicable under other quality
and value-based payment reporting requirements under this title, as
determined by the Secretary, including the Merit-Based Incentive
Payment System under section 1848(q) and incentive payments for the
meaningful use of certified EHR technology under section
1886(b)(3)(B)(ix).
``(c) Implementation.--The provisions of paragraphs (4) and (5) of
section 1890A(a) shall apply to the establishment of the core set of
quality measures under subsection (a) in the same manner as such
provisions apply to the selection of quality and efficiency measures
described in section 1890(b)(7)(B).
``(d) Annual Updating.--The Secretary shall, using the process
described in section 1890A, review and update the core set of quality
measures established under subsection (a) in accordance with section
1890A(c) to ensure such quality measures remain reliable,
scientifically valid, and appropriate for quality measurement
purposes.''.
(b) Conforming Amendment.--Section 1890(b)(5)(A)(iv) of the Social
Security Act (42 U.S.C. 1395aaa(b)(5)(A)(iv)) is amended by inserting
``and (beginning with 2019) rural health care quality measures under
section 1890B'' after ``Public Health Service Act''.
SEC. 102. REVISIONS TO MEDICARE RURAL GRANTS.
(a) Reauthorization.--Section 1820(j) of the Social Security Act
(42 U.S.C. 1395i-4(j)) is amended--
(1) by striking ``Appropriations.--There'' and inserting
the following: ``Appropriations.--
``(1) HI trust fund.--There''; and
(2) by adding at the end the following new paragraph:
``(2) General revenues.--There are authorized to be
appropriated, from amounts in the Treasury not otherwise
appropriated, for making grants to all States under subsection
(g), $50,000,000 in each of fiscal years 2017 through 2021, to
remain available until expended.''.
(b) Medicare Rural Emergency Medical Services Grants.--Section
1820(g)(2)(A) of the Social Security Act (42 U.S.C. 1395i-4(g)(2)(A))
is amended by inserting the following before the period at the end: ``,
which may include plans to support emergency medical transportation
services, particularly in rural communities that have lost their rural
hospital''.
(c) Grants To Provide Technical Assistance for Quality Improvement
Reporting by Critical Access Hospitals.--Section 1820(g) of the Social
Security Act (42 U.S.C. 1395i-4(g)) is amended by adding at the end the
following new paragraph:
``(8) Technical assistance for quality improvement
reporting by critical access hospitals.--
``(A) Grants.--The Secretary may award grants to
critical access hospitals that have submitted
applications in accordance with subparagraph (B) for--
``(i) assisting such hospitals in
establishing or expanding a quality improvement
reporting program; and
``(ii) supporting the provision of
technical assistance for quality improvement
reporting.
``(B) Application.--A critical access hospital
seeking a grant under this paragraph shall submit an
application to the Secretary on or before such date and
in such form and manner as the Secretary specifies.
``(C) Reporting requirement in order to continue to
receive grants after second year.--The Secretary may
not award a grant under this paragraph to a critical
access hospital for more than 2 years unless the
hospital agrees to submit, for each year after that
second year, such relevant quality data specified by
the Secretary, including data on rural health care
quality measures established under section 1890B, as
appropriate.
``(D) Availability to public.--The Secretary shall
establish procedures for making data submitted under
subparagraph (C) available to the public.
``(E) Opportunity to review.--The procedures
established under subparagraph (D) shall ensure that a
critical access hospital has the opportunity to review
the data that are to be made public with respect to the
hospital prior to such data being made public.
``(F) Measures.--The Secretary shall report quality
measures of process, structure, outcome, patients'
perspective on care, efficiency, and costs of care that
relate to services furnished in such hospitals on the
Internet website of the Centers for Medicare & Medicaid
Services.''.
TITLE II--RURAL-BASED PAYMENT REFORMS
SEC. 201. INTEGRATING CORE SET OF RURAL HEALTH CARE QUALITY MEASURES
INTO CERTAIN PAYMENT MODELS.
Section 1890B of the Social Security Act, as added by section 101,
is amended by adding at the end the following new subsection:
``(e) Inclusion Under Alternative Payment Models and Value-Based
Demonstration Projects.--Effective beginning with calendar year or
fiscal year 2021, as applicable, the Secretary shall ensure that rural
health care quality measures established under this section are
included in quality reporting under alternative payment models and
value-based payment demonstration projects under this title, as
appropriate, including the shared savings program under section 1899
and the Merit-Based Incentive Payment System under section 1848(q).''.
SEC. 202. CENTER FOR MEDICARE AND MEDICAID INNOVATION TESTING OF
PROVIDING FINANCIAL INCENTIVES FOR RURAL PROVIDERS OF
SERVICES AND SUPPLIERS TO SUBMIT DATA ON QUALITY
MEASURES.
Section 1115A of the Social Security Act (42 U.S.C. 1315a) is
amended--
(1) in subsection (b)(2)(A), by adding at the end the
following new sentence: ``The models selected under this
subparagraph shall include the model described in subsection
(h).''; and
(2) by adding at the end the following new subsection:
``(h) Providing Financial Incentives for Rural Providers of
Services and Suppliers To Submit Data on Quality Measures.--The
Secretary shall test a model providing financial incentives to
providers of services and suppliers located in rural areas to submit
data on applicable quality measures under title XVIII, including rural
health care quality measures established under section 1890B.''.
SEC. 203. CENTER FOR MEDICARE AND MEDICAID INNOVATION TESTING OF VALUE-
BASED PAYMENT MODELS FOR RURAL PROVIDERS OF SERVICES AND
SUPPLIERS.
Section 1115A of the Social Security Act (42 U.S.C. 1315a), as
amended by section 202, is amended--
(1) in subsection (b)(2)(A), by striking ``model described
in subsection (h)'' and inserting ``models described in
subsections (h) and (i)''; and
(2) by adding at the end the following new subsection:
``(i) Value-Based Payment Models for Rural Providers of Services
and Suppliers.--The Secretary shall test value-based payment models,
including value-based purchasing, for items and services furnished by
providers of services and suppliers located in rural areas under title
XVIII, including critical access hospitals.''.
SEC. 204. CENTER FOR MEDICARE AND MEDICAID INNOVATION TESTING OF
HOSPITAL READMISSIONS REDUCTION PROGRAM FOR RURAL
HOSPITALS.
Section 1115A of the Social Security Act (42 U.S.C. 1315a), as
amended by sections 202 and 203, is amended--
(1) in subsection (b)(2)(A), by striking ``and (i)'' and
inserting ``, (i), and (j)''; and
(2) by adding at the end the following new subsection:
``(j) Hospital Readmissions Reduction Program for Rural
Hospitals.--The Secretary shall test a hospital readmissions reduction
program under title XVIII for hospitals located in rural areas that are
not otherwise subject to the program under section 1886(q).''.
SEC. 205. PARTICIPATION BY RURAL HEALTH CLINICS AND FEDERALLY QUALIFIED
HEALTH CENTERS IN COMPREHENSIVE PRIMARY CARE PLUS MODEL.
Notwithstanding any other provision of law, the Secretary of Health
and Human Services shall permit a rural health clinic (as defined in
section 1861(aa)(2) of the Social Security Act (42 U.S.C.
1395x(aa)(2))) or a Federally qualified health center (as defined in
section 1861(aa)(4) of such Act (42 U.S.C. 1395x(aa)(4))) to
participate in the Comprehensive Primary Care Plus model tested under
section 1115A of such Act (42 U.S.C. 1315a).
TITLE III--IMPROVING RURAL REPRESENTATION
SEC. 301. INCLUSION OF RURAL REPRESENTATION ON CMS RURAL HEALTH
COUNCIL.
(a) In General.--To the extent the Administrator of the Centers for
Medicare & Medicaid Services (in this section referred to as the
``Administrator'') establishes a CMS Rural Health Council, the
Administrator shall ensure that such Council includes external
stakeholders who have objective rural health expertise, such as
representatives of rural health research centers, quality improvement
organizations, and State offices of rural health, who shall serve in an
ex officio capacity as nonvoting members.
(b) Collaboration With Health Care Payment Learning and Action
Network.--The Council described in subsection (a) shall, to the extent
practicable, work in collaboration with the Health Care Payment
Learning and Action Network within the Department of Health and Human
Services.
SEC. 302. ENSURING RURAL REPRESENTATION ON THE MEDICARE PAYMENT
ADVISORY COMMISSION AND THE MEDICAID AND CHIP PAYMENT AND
ACCESS COMMISSION.
(a) Medicare Payment Advisory Commission.--
(1) In general.--Section 1805(c)(2)(A) of the Social
Security Act (42 U.S.C. 1395b-6(c)(2)(A)) is amended by
inserting the following before the period at the end: ``,
including at least two members who represent a rural area''.
(2) Applicable to future appointments.--Any appointment to
the Medicare Payment Advisory Commission made by the
Comptroller General of the United States after the date of
enactment of this Act shall be made in a manner that complies
with the requirements of section 1805(c)(2)(A) of the Social
Security Act, as amended by paragraph (1).
(b) Medicaid and CHIP Payment and Access Commission.--
(1) In general.--Section 1900(c)(2)(A) of the Social
Security Act (42 U.S.C. 1396(c)(2)(A)) is amended by inserting
the following before the period at the end: ``, including at
least two members who represent a rural area''.
(2) Applicable to future appointments.--Any appointment to
the Medicaid and CHIP Payment and Access Commission made by the
Comptroller General of the United States after the date of
enactment of this Act shall be made in a manner that complies
with the requirements of section 1900(c)(2)(A) of the Social
Security Act, as amended by paragraph (1). | Rural Health Care Quality Improvement Act of 2016 This bill amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to: establish certain health care quality measures with respect to rural providers; include such measures within specified Medicare payment models; revise certain requirements related to specified Medicare grants for rural emergency medical services and critical access hospitals; require the Center for Medicare and Medicaid Innovation to test a hospital readmissions reduction program for rural hospitals, a model for incentivizing rural providers to submit data on applicable quality measures, and value-based payment models for services furnished by rural providers; and require the Centers for Medicare & Medicaid Services to allow rural health clinics and federally qualified health centers to participate in the Comprehensive Primary Care Plus test model. | Rural Health Care Quality Improvement Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Solar Energy Pilot Leasing
Act of 2010''.
SEC. 2. DEFINITIONS.
In this Act:
(1) County.--The term ``County'' means Lincoln County,
Nevada.
(2) Federal land.--The term ``Federal land'' means any of
the Federal land in the State under the administrative
jurisdiction of the Bureau of Land Management that is
identified as a ``solar development zone'' on the maps.
(3) Fund.--The term ``Fund'' means the Renewable Energy
Mitigation and Fish and Wildlife Fund established by section
3(d)(5)(A).
(4) Map.--The term ``map'' means each of--
(A) the map entitled ``Dry Lake Valley Solar
Development Zone'' and dated May 25, 2010; and
(B) the map entitled ``Delamar Valley Solar
Development Zone'' and dated May 25, 2010.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
(6) State.--The term ``State'' means the State of Nevada.
SEC. 3. DEVELOPMENT OF SOLAR PILOT PROJECT AREAS ON PUBLIC LAND IN
LINCOLN COUNTY, NEVADA.
(a) Designation.--In accordance with sections 201 and 202 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711, 1712)
and subject to valid existing rights, the Secretary shall designate the
Federal land as a solar pilot project area.
(b) Applicable Law.--The designation of the solar pilot project
area under subsection (a) shall be subject to the requirements of--
(1) this Act;
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(3) any other applicable law (including regulations).
(c) Solar Lease Sales.--
(1) In general.--The Secretary shall conduct lease sales
and issue leases for commercial solar energy development on the
Federal land, in accordance with this subsection.
(2) Deadline for lease sales.--Not later than 60 days after
the date of enactment of this Act, the Secretary, after
consulting with affected governments and other stakeholders,
shall conduct lease sales for the Federal land.
(3) Easements, special-use permits, and rights-of-way.--
Except for the temporary placement and operation of testing or
data collection devices, as the Secretary determines to be
appropriate, and the rights-of-way granted under section
301(b)(1) of the Lincoln County Conservation, Recreation, and
Development Act of 2004 (Public Law 108-424; 118 Stat. 2413)
and BLM Case File N-78803, no new easements, special-use
permits, or rights-of-way shall be allowed on the Federal land
during the period beginning on the date of enactment of this
Act and ending on the date of the issuance of a lease for the
Federal land.
(4) Diligent development requirements.--In issuing a lease
under this subsection, the Secretary shall include work
requirements and mandatory milestones--
(A) to ensure that diligent development is carried
out under the lease; and
(B) to reduce speculative behavior.
(5) Land management.--The Secretary shall--
(A) establish the duration of leases issued under
this subsection;
(B) include provisions in the lease requiring the
holder of a lease granted under this subsection--
(i) to furnish a reclamation bond or other
form of security determined to be appropriate
by the Secretary;
(ii) on completion of the activities
authorized by the lease--
(I) to restore the Federal land
that is subject to the lease to the
condition in which the Federal land
existed before the lease was granted;
or
(II) to conduct mitigation
activities if restoration of the land
to the condition described in subclause
(I) is impracticable; and
(iii) to comply with such other
requirements as the Secretary considers
necessary to protect the interests of the
public and the United States; and
(C)(i) establish best management practices to
ensure the sound, efficient, and environmentally
responsible development of solar resources on the
Federal land in a manner that would avoid, minimize,
and mitigate actual and anticipated impacts to habitat
and ecosystem function resulting from the development;
and
(ii) include provisions in the lease requiring
renewable energy operators to comply with the practices
established under clause (i).
(d) Royalties.--
(1) In general.--The Secretary shall establish royalties,
fees, rentals, bonuses, and any other payments the Secretary
determines to be appropriate to ensure a fair return to the
United States for any lease issued under this section.
(2) Rate.--Any lease issued under this section shall
require the payment of a royalty established by the Secretary
by regulation in an amount that is equal to a percentage of the
gross proceeds from the sale of electricity at a rate that--
(A) encourages production of solar energy;
(B) ensures a fair return to the public comparable
to the return that would be obtained on State and
private land; and
(C) encourages the maximum energy generation
practicable using the least amount of land and other
natural resources, including water.
(3) Royalty relief.--To promote the maximum generation of
renewable energy, the Secretary may provide that no royalty or
a reduced royalty is required under a lease for a period not to
exceed 5 years beginning on the date on which generation is
initially commenced on the Federal land subject to the lease.
(4) Disposition of proceeds.--
(A) In general.--Of the amounts collected as
royalties, fees, rentals, bonuses, or other payments
under a lease issued under this section--
(i) 25 percent shall be paid by the
Secretary of the Treasury to the State within
the boundaries of which the income is derived;
(ii) 25 percent shall be paid by the
Secretary of the Treasury to the 1 or more
counties within the boundaries of which the
income is derived;
(iii) 15 percent shall--
(I) for the period beginning on the
date of enactment of this Act and
ending on the date specified in
subclause (II), be deposited in the
Treasury of the United States to help
facilitate the processing of renewable
energy permits by the Bureau of Land
Management in the State, subject to
subparagraph (B)(i)(I); and
(II) beginning on the date that is
10 years after the date of enactment of
this Act, be deposited in the Fund; and
(iv) 35 percent shall be deposited in the
Fund.
(B) Limitations.--
(i) Renewable energy permits.--For purposes
of subclause (I) of subparagraph (A)(iii)--
(I) not more than $10,000,000 shall
be deposited in the Treasury at any 1
time under that subclause; and
(II) the following shall be
deposited in the Fund:
(aa) Any amounts collected
under that subclause that are
not obligated by the date
specified in subparagraph
(A)(iii)(II).
(bb) Any amounts that
exceed the $10,000,000 deposit
limit under subclause (I).
(ii) Fund.--Any amounts deposited in the
Fund under clause (i)(II) or subparagraph
(A)(iii)(II) shall be in addition to amounts
deposited in the Fund under subparagraph
(A)(iv).
(5) Renewable energy mitigation and fish and wildlife
fund.--
(A) Establishment.--There is established in the
Treasury of the United States a fund, to be known as
the ``Renewable Energy Mitigation and Fish and Wildlife
Fund'', to be administered by the Secretary, for use in
the State.
(B) Use of funds.--Amounts in the Fund shall be
available to the Secretary, who may make the amounts
available to the State or other interested parties for
the purposes of--
(i) mitigating impacts of renewable energy
on public land, with priority given to land
affected by the solar development zones
designated under this Act, including--
(I) protecting wildlife corridors
and other sensitive land; and
(II) fish and wildlife habitat
restoration; and
(ii) carrying out activities authorized
under the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l-4 et seq.) in the
State.
(C) Availability of amounts.--Amounts in the Fund
shall be available for expenditure, in accordance with
this paragraph, without further appropriation, and
without fiscal year limitation.
(D) Investment of fund.--
(i) In general.--Any amounts deposited in
the Fund shall earn interest in an amount
determined by the Secretary of the Treasury on
the basis of the current average market yield
on outstanding marketable obligations of the
United States of comparable maturities.
(ii) Use.--Any interest earned under clause
(i) may be expended in accordance with this
paragraph.
(e) Priority Development.--
(1) In general.--Within the County, the Secretary shall
give highest priority consideration to implementation of the
solar lease sales provided for under this Act.
(2) Evaluation.--The Secretary shall evaluate other solar
development proposals in the County not provided for under this
Act in consultation with the State, County, and other
interested stakeholders. | American Solar Energy Pilot Leasing Act of 2010 - Directs the Secretary of the Interior, acting through the Director of the Bureau of Land Management (BLM), to: (1) designate specified federal land in Nevada under the administrative jurisdiction of BLM that is identified as a solar development zone as a solar pilot project area; (2) conduct lease sales and issue leases for commercial solar energy development on such land; and (3) include work requirements and mandatory milestones to ensure that diligent development is carried out under such a lease and to reduce speculative behavior. Prohibits (with exceptions) new easements, special-use permits, or rights-of-way on such land from the date of enactment of this Act until the date of the issuance of a lease for such land.
Directs the Secretary to: (1) establish the duration of leases issued; (2) include provisions in such a lease requiring the lease holder to furnish a reclamation bond or other form of security and to restore the land or conduct mitigation activities upon completion of authorized activities; (3) establish and ensure compliance with best management practices to ensure the sound, efficient, and environmentally responsible development of solar resources on the land in a manner that would minimize and mitigate impacts to habitat and ecosystem function; and (4) establish royalties, fees, rentals, bonuses, and any other appropriate payments to ensure a fair return to the United States for any lease issued. Sets forth provisions governing royalty rates and proceeds distribution.
Establishes in the Treasury a Renewable Energy Mitigation and Fish and Wildlife Fund, which shall be available to the Secretary for providing amounts to states or other interested parties for mitigating impacts of renewable energy on public land and carrying out activities authorized under the Land and Water Conservation Fund Act of 1965.
Directs the Secretary: (1) within Lincoln County, Nevada, to give highest priority consideration to implementation of the solar lease sales provided for under this Act; and (2) to evaluate other solar development proposals in the County not provided for under this Act. | To provide for the development of solar pilot project areas on public land in Lincoln County, Nevada. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Holocaust Education Assistance
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The Holocaust was an historical event that resulted in
the systemic, state-sponsored mass murders by Nazi Germany of
6,000,000 Jews, along with millions of others, in the name of
racial purity.
(2) Six States (California, Florida, Illinois,
Massachusetts, New Jersey, and New York) now mandate that the
Holocaust be taught in the educational curriculum, and 11
States (Connecticut, Georgia, Indiana, Nevada, North Carolina,
Ohio, Pennsylvania, South Carolina, Tennessee, Virginia, and
Washington) recommend teaching the Holocaust.
(3) The Holocaust is a sensitive and difficult issue about
which to teach, and to do so effectively, educators need
appropriate teaching tools and training to increase their
knowledge and to enhance the educational experience.
(b) Purposes.--The purposes of this Act are as follows:
(1) To educate Americans so that they can--
(A) explore the lessons that the Holocaust provides
for all people; and
(B) be less susceptible to the falsehood of
Holocaust denial and to the destructive messages of
hate that arise from Holocaust denial.
(2) To provide resources and support for education programs
that--
(A) portray accurate historical information about
the Holocaust;
(B) sensitize communities to the circumstances that
gave rise to the Holocaust;
(C) convey the lessons that the Holocaust provides
for all people; and
(D) develop curriculum guides and provide training,
to help teachers incorporate into their mainstream
disciplines the study of the Holocaust and its lessons.
SEC. 3. GRANTS AUTHORIZED.
The Secretary is authorized to award grants to educational
organizations to carry out proposed or existing Holocaust education
programs.
SEC. 4. USE OF FUNDS.
(a) In General.--An educational organization receiving a grant
authorized in section 3 shall use such grant amounts only to carry out
the Holocaust education program for which the grant amounts were
provided.
(b) Requirements.--An educational organization receiving a grant
authorized in section 3 shall comply with the following requirements:
(1) Continuation of eligibility.--The educational
organization shall, throughout the period that the educational
organization receives and uses such grant amounts, continue to
be an educational organization.
(2) Supplementation of existing funds.--The educational
organization shall ensure that such grant amounts are used to
supplement, and not supplant, non-Federal funds that would
otherwise be available to the educational organization to carry
out the Holocaust education program for which the grant amounts
were provided.
(c) Additional Conditions.--The Secretary may require additional
terms and conditions in connection with the use of a grant awarded
under this Act as the Secretary considers appropriate.
SEC. 5. SELECTION CRITERIA.
(a) In General.--The Secretary shall award grants in accordance
with competitive criteria to be established by the Secretary.
(b) Consultation With Holocaust Educators.--In establishing the
competitive criteria under subsection (a), the Secretary shall consult
with a variety of individuals, to be determined by the Secretary, who
are prominent educators in the field of Holocaust education.
SEC. 6. APPLICATION.
The Secretary may award grant amounts under this Act only to an
educational organization that has submitted an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may require.
SEC. 7. REVIEW AND SANCTIONS.
(a) Annual Review.--The Secretary shall review, at least annually,
each educational organization receiving grant amounts under this Act to
determine the extent to which the educational organization has complied
with the provisions of this Act.
(b) Imposition of Sanctions.--The Secretary may impose sanctions on
an educational organization for any failure of the educational
organization to comply substantially with the provisions of this Act.
The Secretary shall establish the sanctions to be imposed for a failure
to comply substantially with the provisions of this Act.
SEC. 8. ANNUAL REPORT.
Not later than February 1 of each year, the Secretary shall submit
to the Senate and House of Representatives a report describing the
activities carried out under this Act and containing any related
information that the Secretary considers appropriate.
SEC. 9. DEFINITIONS.
In this Act:
(1) Educational organization.--The term ``educational
organization'' means an entity--
(A) described in section 501(c)(3) of the Internal
Revenue Code of 1986;
(B) exempt from tax under section 501(a) of the
Internal Revenue Code of 1986; and
(C) organized and operated for cultural, literary,
or educational purposes.
(2) Holocaust education program.--The term ``Holocaust
education program'' means a program that--
(A) has as its specific and primary purpose to
improve awareness and understanding of the Holocaust;
and
(B) to achieve such purpose, furnishes one or more
of the following:
(i) Classes, seminars, or conferences.
(ii) Educational materials.
(iii) Teacher training.
(iv) Any other good or service designed to
improve awareness and understanding of the
Holocaust.
(3) Holocaust.--The term ``Holocaust'' means the historical
event that resulted in the systemic, state-sponsored mass
murders by Nazi Germany of 6,000,000 Jews, along with millions
of others, in the name of racial purity.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 10. REGULATIONS.
The Secretary shall issue any regulations necessary to carry out
this Act.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $2,000,000 each fiscal year
for five fiscal years, beginning with the first fiscal year to commence
after the date of enactment of this Act, to remain available until
expended. | Holocaust Education Assistance Act - Authorizes the Secretary of Education to make competitive grants to educational organizations to carry out educational programs about the Holocaust. | A bill to authorize the Secretary of Education to make grants to educational organizations to carry out educational programs about the Holocaust. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emigrant Wilderness Preservation Act
of 1999''.
SEC. 2. OPERATION AND MAINTENANCE OF CERTAIN WATER IMPOUNDMENT
STRUCTURES IN THE EMIGRANT WILDERNESS, STANISLAUS
NATIONAL FOREST, CALIFORNIA.
(a) Cooperative Agreement For Maintenance and Operation.--The
Secretary of Agriculture shall enter into a cooperative agreement with
a non-Federal entity described in subsection (c), under which the
entity will retain, maintain, and operate at private expense the water
impoundment structures specified in subsection (b) that are located
within the boundaries of the Emigrant Wilderness in the Stanislaus
National Forest, California, as designated by section 2(b) of Public
Law 93-632 (88 Stat. 2154; 16 U.S.C. 1132 note).
(b) Covered Water Impoundment Structures.--The cooperative
agreement required by subsection (a) shall cover the water impoundment
structures located at the following:
(1) Cow Meadow Lake.
(2) Y-Meadow Lake.
(3) Huckleberry Lake.
(4) Long Lake.
(5) Lower Buck Lake.
(6) Leighton Lake.
(7) High Emigrant Lake.
(8) Emigrant Meadow Lake.
(9) Middle Emigrant Lake.
(10) Emigrant Lake.
(11) Snow Lake.
(12) Bigelow Lake.
(c) Eligible Entity.--The following non-Federal entities are
eligible to enter into the cooperative agreement under subsection (a):
(1) A non-profit organization as defined in section
501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
501(c)(3)).
(2) The State of California or a political subdivision of
the State.
(3) A private individual, organization, corporation, or
other legal entity.
(d) Responsibilities of the Secretary.--
(1) Map.--The Secretary of Agriculture shall prepare a map
identifying the location, size, and type of each water
impoundment structure covered by the cooperative agreement
under subsection (a).
(2) Terms and conditions of agreement.--The Secretary shall
prescribe the terms and conditions of the cooperative
agreement, which shall set forth the rights and obligations of
the Secretary and the non-Federal entity. At a minimum, the
cooperative agreement shall--
(A) require the non-Federal entity to operate and
maintain the water impoundment structures covered by
the agreement in accordance with a plan of operations
approved by the Secretary;
(B) require approval by the Secretary of all
operation and maintenance activities to be conducted by
the non-Federal entity;
(C) require the non-Federal entity to comply with
all applicable State and Federal environmental, public
health, and safety requirements; and
(D) establish enforcement standards, including
termination of the cooperative agreement for
noncompliance by the non-Federal entity with the terms
and conditions.
(3) Compliance.--The Secretary shall ensure that the non-
Federal entity remains in compliance with the terms and
conditions of this section and the cooperative agreement.
(e) Responsibilities of the Non-Federal Entity.--The non-Federal
entity shall be responsible for--
(1) carrying out its operation and maintenance activities
with respect to the water impoundment structures covered by the
cooperative agreement under subsection (a) in conformance with
this section and the cooperative agreement; and
(2) the costs associated with the maintenance and operation
of the structures.
(f) Prohibition on Use of Mechanized Transport and Motorized
Equipment.--The non-Federal entity may not use mechanized transport or
motorized equipment--
(1) to operate or maintain the water impoundment structures
covered by the cooperative agreement under subsection (a); or
(2) to otherwise conduct activities in the Emigrant
Wilderness pursuant to the cooperative agreement.
(g) Expansion of Agreement to Cover Additional Structures.--In the
case of the six water impoundment structures located within the
boundaries of the Emigrant Wilderness, but not specified in subsection
(b), the Secretary of Agriculture may expand the scope of the
cooperative agreement under subsection (a), with the consent of the
State of California and the other party to the agreement, to include
one or more of these structures, subject to the same terms and
conditions as apply to the structures specified in subsection (b).
(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Agriculture $20,000 to cover
administrative costs incurred by the Secretary to comply with the
requirements of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) in carrying out this section.
Passed the House of Representatives November 8, 1999.
Attest:
JEFF TRANDAHL,
Clerk. | Emigrant Wilderness Preservation Act of 1999 - Directs the Secretary of Agriculture, with respect to the Emigrant Wilderness in the Stanislaus National Forest, California, to enter into an agreement with a qualifying non-Federal entity to retain, maintain, and operate at private expense 12 specified water impoundment structures. Authorizes the Secretary to include an additional six water impoundment structures located within the boundaries of the Emigrant Wilderness.
Sets forth responsibilities of the Secretary and the non-Federal entity.
Prohibits the use of mechanized and motorized transport or equipment to maintain the structures or perform related activities.
Authorizes appropriations. | Emigrant Wilderness Preservation Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Decommissioning Assurance
Act of 1999''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) full, safe decommissioning of nuclear power plants is a
compelling Federal interest, in that--
(A) the public health and safety and the protection
of the environment can be guaranteed only if nuclear
power plants are adequately decommissioned at the end
of their useful lives; and
(B) decommissioning obligations cannot be avoided,
abandoned, or mitigated, as a matter of public health
and safety;
(2) electric utilities that own nuclear power plants must
be able to collect adequate revenues to ensure that the
utilities can satisfy the obligation to fully decommission
nuclear power plants in accordance with standards established
by the Nuclear Regulatory Commission;
(3) the authority of the Nuclear Regulatory Commission to
ensure that utilities are able to collect adequate funds so
that they can satisfy the decommissioning obligation is limited
by the fact that the Commission does not directly establish
rates for electric services;
(4) many nuclear decommissioning trust funds are not
adequate to meet decommissioning obligations, and the current
electric rates of collection are not adequate to ensure that
there will be adequate funds at the time of decommissioning.
(5) potential restructuring of the electric utility
industry will exacerbate the problem, because competitive
pressure is expected to be placed on current rates, thereby
threatening the ability of utility entities to recover funds
for decommissioning in electric rates; and
(6) there is a Federal interest in establishing a national
policy to ensure that electric utilities that own nuclear power
plants can recover funds sufficient to satisfy the
decommissioning obligation.
(b) Purposes.--The purposes of this Act are--
(1) to ensure that electric utilities that own commercial
nuclear electric generating plants will be able to satisfy the
obligation to decommission the plants, as established by the
Nuclear Regulatory Commission; and
(2) to provide ratemaking bodies, including the Federal
Energy Regulatory Commission, with sufficient authority to
provide for recovery of funds for decommissioning.
SEC. 3. DEFINITIONS.
In this Act:
(1) Decommission.--The term ``decommission'' has the
meaning given the term in section 50.2 of title 10, Code of
Federal Regulations (or any successor regulation).
(2) Decommissioning obligation.--The term ``decommissioning
obligation'' means the obligation to pay costs associated with
the measures necessary to ensure the continued protection of
the public from the dangers of any residual radioactivity or
other hazards present at a facility when a nuclear unit is
decommissioned.
(3) Nuclear decommissioning trust fund.--The term ``nuclear
decommissioning trust fund'' has the meaning given the term
``external sinking fund'' in section 50.75(e)(1)(ii) of title
10, Code of Federal Regulations (or any successor regulation).
(4) State commission.--The term ``State commission'' has
the meaning given the term in section 3 of the Federal Power
Act (16 U.S.C. 796).
SEC. 4. NUCLEAR DECOMMISSIONING ASSURANCE DETERMINATION BY THE NUCLEAR
REGULATORY COMMISSION.
(a) Petition.--
(1) In general.--A licensee under part 50 of title 10, Code
of Federal Regulations may petition the Nuclear Regulatory
Commission for a determination of whether--
(A) adequate amounts have been deposited or are
being deposited in the nuclear decommissioning trust
fund of the licensee; and
(B) the future funding for any nuclear power plant
owned in whole or in part by the licensee is assured.
(2) Contents.--A petition under paragraph (1) shall
disclose--
(A) the licensee's current minimum amount
established by the Nuclear Regulatory Commission under
section 50.75 of title 10, Code of Federal Regulations
for each facility for which the licensee holds a
license;
(B) the currently effective rates to recover costs
for decommissioning obligations as established by the
Commission or State commissions, as appropriate;
(C) the amount that has been deposited in the
nuclear decommissioning trust fund;
(D) the planned rate and timing of collection of
the costs of the decommissioning obligation through the
projected useful life of the facility; and
(E) any other information pertinent to the
continuing assurance of funding of the nuclear
decommissioning trust fund.
(b) Determination.--Not later than 180 days of receipt of a
petition under paragraph (1), the Nuclear Regulatory Commission shall
issue a determination regarding whether the nuclear decommissioning
trust fund and the currently approved level of rates to recover the
costs of the decommissioning obligation are adequate to ensure full and
safe decommissioning of the facility.
(c) Considerations.--In making a determination under subsection
(b), the Nuclear Regulatory Commission shall consider.--
(1) the current level of funds in the nuclear
decommissioning trust fund;
(2) the adequacy of the currently approved rates to recover
the costs of the decommissioning obligation;
(3) the assurance of continuing recovery of such costs
through rates;
(4) the timing of the recovery of such costs relative to
the projected useful life of the plant; and
(5) any other information that the Nuclear Regulatory
Commission considers pertinent to a determination of the
necessary assurance of adequate funding.
(d) Adequacy of Minimum Amounts.--Nothing in this Act precludes the
Nuclear Regulatory Commission from revising or reconsidering the
adequacy of the minimum amounts established under section 50.75(c) of
title 10, Code of Federal Regulations.
(e) Notice.--The Nuclear Regulatory Commission shall issue notice
of its finding to the licensee, the Federal Energy Regulatory
Commission, and any other party of record.
SEC. 5. AMENDMENT OF THE FEDERAL POWER ACT.
(a) Declaration.--Section 201 of the Federal Power Act is amended
by adding at the end the following:
``(h) Declaration Regarding Decommissioning.--The decommissioning
of nuclear power plants licensed by the Commission is affected with a
public interest, and the Federal regulation of matters relating to
decommissioning of nuclear power plants, to the extent provided in this
part, is necessary in the public interest.''.
(b) Nuclear Decommissioning Assurance.--Part II of the Federal
Power Act (16 U.S.C. 824 et seq.) is amended by adding at the end the
following:
``SEC. 215. NUCLEAR DECOMMISSIONING ASSURANCE.
``(a) Cost Recovery in Wholesale Rates.--
``(1) In general.--To the extent that the costs of a
decommissioning obligation are recovered in wholesale rates, an
electric utility that owns a nuclear power facility in whole or
in part may apply to the Commission for an order approving
rates and charges in connection with the wholesale transmission
or sale of electricity to ensure collection of revenues
necessary to ensure that there will be adequate funding to
satisfy the decommissioning obligation of the electric utility
in establishing rates and charges.
``(2) Nuclear decommissioning assurance determination.--In
a proceeding under this section, any nuclear decommissioning
assurance determination made in a proceeding under section 4 of
the Nuclear Decommissioning Assurance Act of 1999 shall be
conclusive.
``(3) Denial of request.--If the Commission, by order or by
failure to act with 180 days of the filing of a petition,
denies in whole or in part an application under paragraph (1)
or otherwise fails to allow collection of costs in rates
necessary to ensure adequate funding under section 4 of the
Nuclear Decommissioning Assurance Act of 1999, the electric
utility may seek review of the action under section 313(b).
``(b) Cost Recovery in Retail Rates.--To the extent that the costs
of the decommissioning obligation are recovered in retail rates, in a
proceeding before a State commission initiated by an electric utility
that owns a nuclear power plant in whole or in part for an order
approving rates and charges in connection with the distribution of
electricity, any nuclear decommissioning assurance determination made
by the Commission under section 4 of the Nuclear Decommissioning
Assurance Act of 1999 shall be given due consideration, so as to ensure
collection of revenues necessary to ensure adequate funding of the
nuclear-owning utility's nuclear decommissioning obligations.
``(c) Rates, Terms, and Conditions.--
``(1) In general.--The Commission and the State commissions
shall establish rates, terms, and conditions in response to an
application under subsection (a) or (b) not later than 180 days
after the date of submission of the application.
``(2) Failure to act.--For purposes of section 313(b),
failure of the Commission to comply with paragraph (1) shall be
considered a denial and shall be appealable as a final agency
action.
``(d) Denial of Request by State Commission.--Notwithstanding any
other provision of law, if a State commission, by order or by failure
to act within 180 days of the filing of a petition, denies in whole or
in part the request under subsection (b) or otherwise fails to allow
collection of costs in rates necessary to ensure adequate funding under
section 4(b) of the Nuclear Decommissioning Assurance Act of 1999, the
electric utility may apply to the United States district court for an
order requiring the State commission to establish rates, terms, and
conditions necessary to ensure adequate funding under section 4(b) of
the Nuclear Decommissioning Assurance Act of 1999.''. | Sets a time frame by which the NRC must issue a determination whether the nuclear decommissioning trust fund and the currently approved decommissioning recovery cost rates are adequate to ensure full and safe facility decommissioning. Details mandatory NRC considerations.
Amends the Federal Power Act to permit an electric utility that owns a nuclear power facility in whole or in part to petition the Federal Energy Regulatory Commission (FERC), for an order approving rates and charges in connection with wholesale transmission or sale of electricity to ensure collection of revenues necessary to ensure adequate funding to satisfy its decommissioning obligations.
Provides that in such petition proceeding any nuclear decommissioning assurance determination made under this Act shall be conclusive. Permits a utility whose request has been denied to seek judicial review. | Nuclear Decommissioning Assurance Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Business Improvement Act of 1993''.
SEC. 2. BUSINESS ACTIVITY TARGETS.
Notwithstanding any other provision of law, in administering the
small business and capital ownership development program established by
section 7(j)(10) of the Small Business Act, the Administrator of the
Small Business Administration shall consider any contract awarded to a
program participant before the date of the enactment of this Act under
section 8(a)(1)(D) of such Act to be a contract awarded other than
pursuant to section 8(a) of such Act for purposes of attainment of
business activity targets under regulations issued pursuant to section
7(j)(10)(I)(iii) of such Act.
SEC. 3. PROCUREMENT PROCEDURES.
Section 8 of the Small Business Act (15 U.S.C. 637) is amended by
inserting after subsection (b) the following new subsection:
``(c)(1) To facilitate the attainment of a participating agency's
goal regarding the participation of small business concerns owned and
controlled by socially and economically disadvantaged individuals
pursuant to section 15(g)(1), the head of a participating agency may
enter into contracts using--
``(A) less than full and open competition by restricting
the competition for such awards to such small business
concerns; or
``(B) a price evaluation preference of not more than 10
percent when evaluating an offer received from such a small
business concern as the result of an unrestricted solicitation.
``(2) For purposes of this subsection, the term `participating
agency' means any Federal agency, as defined in section 3(b), other
than the Department of Defense.
``(3) The authority provided for in paragraph (1) shall remain in
effect until September 30, 2000.''.
SEC. 4. ELIGIBILITY OF PAST DEVELOPMENT PROGRAM PARTICIPANTS FOR
SECTION 8(a) CONTRACT AWARDS.
Section (8)(a)(1)(C) of the Small Business Act (15 U.S.C.
637(a)(1)(C)) is amended to read as follows:
``(C) to make an award to a small business concern owned
and controlled by socially and economically disadvantaged
individuals which has completed its period of Program
Participation as prescribed by section 7(j)(15) if--
``(i) in the case of a competitive award, the
prospective contract awardee was a Program Participant
eligible for award of the contract on the date
specified for receipt of offers contained in the
contract solicitation; and
``(ii) in the case of a sole source award, the
prospective contract awardee was a Program Participant
eligible for award of the contract on the date that the
prospective awardee submitted certifications and
representations for the contract to the contracting
agency.''.
SEC. 5. ELIMINATING COMPETITIVE CONTRACTS UNDER SECTION 8(a).
Section 8(a)(1) of the Small Business Act (15 U.S.C. 637(a)(1)) is
amended--
(1) in subparagraph (B), by striking the semicolon and
inserting ``; and''; and
(2) by striking subparagraph (D).
SEC. 6. CONTINUED ACCESS TO BUSINESS OPPORTUNITIES.
Section 8(a)(3) of the Small Business Act (15 U.S.C. 637(a)(3)) is
amended by adding at the end the following:
``(E)(i) A contract to furnish products or services to a
participating agency shall be competed pursuant to clause (ii)
if--
``(I) there is a reasonable expectation of
receiving offers from 2 or more eligible small business
concerns owned and controlled by socially and
economically disadvantaged individuals which are
capable of performing the contract;
``(II) a contract to furnish the same (or
substantially similar) products or services is being
performed under a contract awarded pursuant to this
subsection; and
``(III) the contractor currently performing the
contract referred to in subclause (II) will have
graduated from the small business and capital ownership
development program authorized by section 7(j)(10)
prior to the date of issuance of the solicitation for
such contract.
``(ii) The head of a participating agency shall restrict
the competition for the award of a contract described in clause
(i) to small business concerns owned and controlled by socially
and economically disadvantaged individuals upon the request of
the small business concern described in clause (i)(III).
``(iii) A small business concern described in clause
(i)(III) shall be eligible for award of a contract resulting
from a restricted competition described in clause (ii) if such
small business concern has entered into (and the contracting
officer accepts) an agreement to subcontract not less than 20
percent and not more than 50 percent of the award value of the
contract to 1 or more small business concerns in the
developmental stage of the minority small business and capital
ownership development program, as described in section
7(j)(15)(A).
``(iv) The head of a participating agency awarding a
contract pursuant to clause (ii) shall ensure that, following
completion of a contract awarded pursuant to clause (ii), any
follow-on contract for the same (or substantially similar)
products or services will be furnished pursuant to a contract
awarded under the authority of this subsection.
``(v) For the purposes of this section, the term
`participating agency' means any Federal agency, as defined in
section 3(b) of this Act.
``(vi) For the purposes of this section, the term `small
business' means a business concern with not more than 1500
employees.''.
SEC. 7. STUDY OF DEVELOPMENT PROGRAM PARTICIPATION TERMS BY INDUSTRY
SECTOR; SUSPENSION OF DEVELOPMENT PROGRAM GRADUATIONS.
(a) Study.--Section 10 of the Small Business Act (15 U.S.C. 639) is
amended by adding at the end the following:
``(i) The Administration shall authorize a short-term study to
determine the appropriate program participation term by industry sector
for small business concerns participating in the program authorized by
section 7(j)(10) and transmit the results of such study to the
President of the Senate, the Speaker of the House of Representatives,
and the Committees on Small Business of the Senate and the House of
Representatives not later than 1 year after the date of the enactment
of this subsection.''.
(b) Suspension of Development Program Graduations.--Section
7(j)(10)(C) of such Act (15 U.S.C. 636(j)(10)(C)) is amended--
(1) by redesignating clause (ii) as clause (iii); and
(2) by inserting after clause (i) the following new clause:
``(ii) A small business concern participating in any
program or activity conducted under the authority of this
paragraph or eligible for the award of contracts pursuant to
section 8(a) on October 1, 1992, shall be permitted continued
participation and eligibility in such program or activity until
the latter of--
``(I) 365 days after the date on which final
regulations are issued to implement a law establishing
appropriate terms for participation in the Program by
industry sector based on the study conducted pursuant
to section 10(i); or
``(II) the date on which such participation and
eligibility would otherwise expire pursuant to the
requirements of this subsection.''.
SEC. 8. COMPLIANCE WITH BUY INDIAN ACT.
Notwithstanding any other provision of law, if a Federal agency
contracts with the Small Business Administration under section 8(a) of
the Small Business Act (15 U.S.C. 637(a)) for the acquisition of goods
or services to be supplied by a small business concern owned and
controlled by members of an economically disadvantaged Indian tribe (or
a wholly owned business entity of such tribe) such acquisition shall be
considered to be in compliance with section 23 of the Act of June 25,
1910 (36 Stat. 861; 25 U.S.C. 47; popularly known as the ``Buy Indian
Act'').
SEC. 9. UNIFORM PROCEDURES FOR CONTESTING STATUS OF CONCERNS.
Section 16 of the Small Business Act (15 U.S.C. 645) is amended by
adding at the end the following new subsection:
``(g) Not later than 120 days after the date of the enactment of
this subsection, the Administrator, in cooperation with participating
agencies, shall establish uniform procedures for contesting the status
of a concern as a `small business concern owned and controlled by
socially and economically disadvantaged individuals'.''. | Business Improvement Act of 1993 - Amends the Small Business Act to authorize the head of any participating Federal agency (other than the Department of Defense), in order to facilitate the attainment of such agency's goal regarding the participation in procurement contracts of small businesses owned and controlled by socially and economically disadvantaged individuals, to enter into contracts using: (1) less than full and open competition; or (2) a price evaluation preference of up to ten percent for offers received from such qualifying small businesses. Terminates such authority at the end of FY 2000.
Revises the authority of the Administrator of the Small Business Administration (SBA) to continue to award Capital Ownership Development Program (Program) contracts to past Program participants. Eliminates the requirement restricting competition for such contracts to eligible Program participants.
Restricts the competition for the award of a contract to furnish products or services to a participating agency to small businesses owned and controlled by socially and economically disadvantaged individuals if there exists a reasonable expectation of receiving offers from two or more of such small businesses. Requires such small business in turn to subcontract a specified percentage of such contract to small businesses in the development stage of the minority small business and capital development program.
Directs the SBA Administrator to authorize a short-term study for determining the appropriate program participation term by industry sector for qualifying small businesses and to submit study results to specified congressional officers and committees. Suspends temporarily the termination of eligibility for qualified small businesses for participation in the Program until one year after the completion of such study.
Requires compliance with the Buy Indian Act for Federal agencies contracting with the SBA for the acquisition of goods or services supplied by Indian tribes.
Directs the Administrator to establish uniform procedures for contesting the status of a small business concern owned and controlled by socially and economically disadvantaged individuals. | Business Improvement Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayers' Cancer Research Funding
Act of 1997''.
SEC. 2. DESIGNATION OF INCOME TAX PAYMENTS TO BREAST AND PROSTATE
CANCER RESEARCH FUND.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 (relating to information and returns) is amended by adding
at the end the following new part:
``PART IX--DESIGNATION OF INCOME TAX PAYMENTS TO BREAST AND PROSTATE
CANCER RESEARCH FUND
``Sec. 6098. Designation to Breast and
Prostate Cancer Research Fund.
``SEC. 6098. DESIGNATION TO BREAST AND PROSTATE CANCER RESEARCH FUND.
``(a) In General.--Every individual (other than a nonresident
alien) whose adjusted income tax liability for the taxable year is $5
or more may designate that $5 shall be paid over to the Breast and
Prostate Cancer Research Fund in accordance with the provisions of
section 9512. In the case of a joint return of husband and wife having
an adjusted income tax liability of $10 or more, each spouse may
designate that $5 shall be paid to the fund.
``(b) Adjusted Income Tax Liability.--For purposes of subsection
(a), the term `adjusted income tax liability' means, for any individual
for any taxable year, the excess (if any) of--
``(1) the income tax liability (as defined in section
6096(b)) of the individual for the taxable year, over
``(2) any amount designated by the individual (and, in the
case of a joint return, any amount designated by the
individual's spouse) under section 6096(a) for such taxable
year.
``(c) Manner and Time of Designation.--A designation under
subsection (a) may be made with respect to any taxable year--
``(1) at the time of filing the return of the tax imposed
by chapter 1 for such taxable year, or
``(2) at any other time (after the time of filing the
return of the tax imposed by chapter 1 for such taxable year)
specified in regulations prescribed by the Secretary.
Such designation shall be made in such manner as the Secretary
prescribes by regulations except that, if such designation is made at
the time of filing the return of the tax imposed by chapter 1 for such
taxable year, such designation shall be made either on the first page
of the return or on the page bearing the taxpayer's signature.''
(b) Breast and Prostate Cancer Research Fund.--Subchapter A of
chapter 98 of such Code (relating to establishment of trust funds) is
amended by adding at the end the following new section:
``SEC. 9512. BREAST AND PROSTATE CANCER RESEARCH FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Breast and
Prostate Cancer Research Fund', consisting of such amounts as may be
appropriated or credited to such fund as provided in this section or
section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Breast and Prostate Cancer Research Fund amounts equivalent to the
amounts designated under section 6098.
``(c) Expenditures.--Amounts in the Breast and Prostate Cancer
Research Fund shall be available, as provided in appropriation Acts,
for purposes of making qualified research grants, to the extent that
such amounts exceed the aggregate of all Federal administrative costs
attributable to the implementation of section 6098, subsections (a) and
(b) of this section, and (with respect to such fund) section 9602. Such
amounts shall be used to supplement, not supplant, existing funding for
research with respect to breast and prostate cancer.
``(d) Qualified Research Grants.--
``(1) In general.--For purposes of subsection (c), the term
`qualified research grant' means a grant, to a qualified person
selected by the National Cancer Institute of the National
Institutes of Health by qualified peer review, for the purpose
of conducting research with respect to breast or prostate
cancer. Such a grant shall be administered by such National
Cancer Institute and the amount of such grant shall be
determined by such Institute.
``(2) Qualified peer review.--For purposes of paragraph
(1), the term `qualified peer review' means peer review
described in sections 492 and 492A of the Public Health Service
Act.''
(c) Clerical Amendments.--
(1) The table of parts for subchapter A of chapter 61 of
such Code is amended by adding at the end the following new
item:
``Part IX. Designation of income tax
payments to Breast and Prostate
Cancer Research Fund.''
(2) The table of sections for subchapter A of chapter 98 of
such Code is amended by adding at the end the following new
item:
``Sec. 9512. Breast and Prostate Cancer
Research Fund.''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1996. | Taxpayers' Cancer Research Funding Act of 1997 - Amends the Internal Revenue Code to allow certain individuals to designate that five dollars (ten dollars in the case of joint returns) be paid over to the Breast and Prostate Cancer Research Fund established by this Act. | Taxpayers' Cancer Research Funding Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Gaming Regulatory Improvement
Act of 2001''.
SEC. 2. AMENDMENTS TO THE INDIAN GAMING REGULATORY ACT.
The Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) is amended--
(1) in section 4(7) (25 U.S.C. 2703(7)), by adding at the
end the following:
``(G) Notwithstanding any other provision of law, sections
1 through 7 of the Act of January 2, 1951 (commonly known as
the Gambling Devices Transportation Act (15 U.S.C. 1171-1177))
shall not apply to any gaming described in subparagraph (A)(i)
(class II gaming) where electronic, computer, or other
technologic aids are used in connection with any such
gaming.'';
(2) in section 7 (25 U.S.C. 2706)--
(A) in subsection (c)--
(i) in paragraph (3), by striking ``and''
at the end thereof;
(ii) by redesignating paragraph (4) as
paragraph (5); and
(iii) by inserting after paragraph (3), the
following:
``(4) the strategic plan for Commission activities.''; and
(B) by adding at the end the following:
``(d) Strategic Plan.--
``(1) In general.--The strategic plan required under
subsection (c)(4) shall include--
``(A) a comprehensive mission statement covering
the major functions and operations of the Commission;
``(B) the general goals and objectives, including
outcome-related goals and objectives, for the major
functions and operations of the Commission;
``(C) a description of how the general goals and
objectives are to be achieved, including a description
of the operational processes, skills and technology,
and the human, capital, information, and other
resources required to meet those goals and objectives;
``(D) a performance plan that shall be related to
the general goals and objectives of the strategic plan;
``(E) an identification of the key factors external
to the Commission and beyond its control that could
significantly affect the achievement of the general
goals and objectives; and
``(F) a description of the program evaluations used
in establishing or revising the general goals and
objectives, with a schedule for future program
evaluations.
``(2) Term of plan.--The strategic plan shall cover a
period of not less than 5 fiscal years beginning with the
fiscal year in which the plan is submitted. The strategic plan
shall be updated and revised at least every 4 years.
``(3) Performance plan.--The performance plan under
paragraph (1)(D) shall be consistent with the strategic plan.
In developing the performance plan, the Commission should be
consistent with the requirements of section 1115 of title 31,
United States Code (the Government Performance and Results
Act).
``(4) Consultation.--In developing the strategic plan, the
Commission shall consult with the Congress and tribal
governments, and shall solicit and consider the views and
suggestions of those entities that may be potentially affected
by or interested in such a plan.'';
(3) in section 11(b)(2)(F)(i) (25 U.S.C. 2710(b)(2)(F)(i)),
by striking ``primary management'' and all that follows through
``such officials'' and inserting ``tribal gaming commissioners,
key tribal gaming commission employees, and primary management
officials and key employees of the gaming enterprise and that
oversight of primary management officials and key employees'';
(4) in section 18(a) (25 U.S.C. 2717(a))--
(A) in paragraph (1), by striking ``by each'' and
all that follows through the period and inserting
``pursuant to section 22(a)'';
(B) by striking paragraphs (2) and (3); and
(C) by redesignating paragraphs (4) through (6) as
paragraphs (2) through (4), respectively;
(5) by redesignating section 22 (25 U.S.C. 2721) as section
25; and
(6) by inserting after section 21 (25 U.S.C. 2720) the
following:
``SEC. 22. FEE ASSESSMENTS.
``(a) Establishment of Schedule of Fees.--
``(1) In general.--Except as provided in this section, the
Commission shall establish a schedule of fees to be paid
annually to the Commission by each gaming operation that
conducts a class II or class III gaming activity that is
regulated by this Act.
``(2) Rates.--The rate of fees under the schedule
established under paragraph (1) that are imposed on the gross
revenues from each activity described in such paragraph shall
be as follows:
``(A) A fee of not more than 2.5 percent shall be
imposed on the first $1,500,000 of such gross revenues.
``(B) A fee of not more than 5 percent shall be
imposed on amounts in excess of the first $1,500,000 of
such gross revenues.
``(3) Total amount.--The total amount of all fees imposed
during any fiscal year under the schedule established under
paragraph (1) shall not exceed $8,000,000.
``(b) Commission Authorization.--
``(1) In general.--By a vote of not less than 2 members of
the Commission the Commission shall adopt the schedule of fees
provided for under this section. Such fees shall be payable to
the Commission on a quarterly basis.
``(2) Fees assessed for services.--The aggregate amount of
fees assessed under this section shall be reasonably related to
the costs of services provided by the Commission to Indian
tribes under this Act (including the cost of issuing
regulations necessary to carry out this Act). In assessing and
collecting fees under this section, the Commission shall take
into account the duties of, and services provided by, the
Commission under this Act.
``(3) Rulemaking.--The Commission shall promulgate
regulations as may be necessary to carry out this subsection.
``(4) Consultation.--In establishing a schedule of fees
under this section, the Commission shall consult with Indian
tribes.
``(c) Fee Reduction Program.--
``(1) In general.--In making a determination of the amount
of fees to be assessed for any class II or class III gaming
activity under the schedule of fees under this section, the
Commission may provide for a reduction in the amount of fees
that otherwise would be collected on the basis of the following
factors:
``(A) The extent of the regulation of the gaming
activity involved by a State or Indian tribe (or both).
``(B) The extent of self-regulating activities, as
defined by this Act, conducted by the Indian tribe.
``(C) Other factors determined by the Commission,
including
``(i) the unique nature of tribal gaming as
compared to commercial gaming, other
governmental gaming, and charitable gaming;
``(ii) the broad variations in the nature,
scale, and size of tribal gaming activity;
``(iii) the inherent sovereign rights of
Indian tribes with respect to regulating the
affairs of Indian tribes;
``(iv) the findings and purposes under
sections 2 and 3;
``(v) the amount of interest or investment
income derived from the Indian gaming
regulation accounts; and
``(vi) any other matter that is consistent
with the purposes under section 3.
``(2) Rulemaking.--The Commission shall promulgate
regulations as may be necessary to carry out this subsection.
``(3) Consultation.--In establishing any fee reduction
program under this subsection, the Commission shall consult
with Indian tribes.
``(d) Indian Gaming Regulation Accounts.--
``(1) In general.--All fees and civil forfeitures collected
by the Commission pursuant to this Act shall be maintained in
separate, segregated accounts, and shall only be expended for
purposes set forth in this Act.
``(2) Investments.--It shall be the duty of the Commission
to invest such portion of the accounts maintained under
paragraph (1) as are not, in the judgment of the Commission,
required to meet immediate expenses. The Commission shall
invest the amounts deposited under this Act only in interest-
bearing obligations of the United States or in obligations
guaranteed as to both principal and interest by the United
States.
``(3) Sale of obligations.--Any obligation acquired by the
accounts maintained under paragraph (1), except special
obligations issued exclusively to such accounts, may be sold by
the Commission at the market price, and such special
obligations may be redeemed at par plus accrued interest.
``(4) Credits to the indian gaming regulatory accounts.--
The interest on, and proceeds from, the sale or redemption of
any obligations held in the accounts maintained under paragraph
(1) shall be credited to and form a part of such accounts.
``SEC. 23. MINIMUM STANDARDS.
``(a) Class I Gaming.--Notwithstanding any other provision of law,
class I gaming on Indian lands shall be within the exclusive
jurisdiction of the Indian tribes and shall not be subject to the
provisions of this Act.
``(b) Class II Gaming.--Effective on the date of enactment of this
section, an Indian tribe shall retain primary jurisdiction to regulate
class II gaming activities which, at a minimum, shall be conducted in
conformity with section 11 and regulations promulgated pursuant to
subsection (d).
``(c) Class III Gaming.--Effective on the date of enactment of this
section, an Indian tribe shall retain primary jurisdiction to regulate
class III gaming activities authorized under this Act. Any class III
gaming operated by an Indian tribe pursuant to this Act shall be
conducted in conformity with section 11 and regulations promulgated
pursuant to subsection (d).
``(d) Rulemaking.--
``(1) In general.--
``(A) Promulgation.--Not later than 180 days after
the date of enactment of the Indian Gaming Regulatory
Improvement Act of 2001, the Commission shall develop
procedures under subchapter III of chapter 5 of title
5, United States Code, to negotiate and promulgate
regulations relating to--
``(i) the monitoring and regulation of
tribal gaming;
``(ii) the establishment and regulation of
internal control systems; and
``(iii) the conduct of background
investigation.
``(B) Publication of proposed regulations.--Not
later than 1 year after the date of enactment of the
Indian Gaming Regulatory Improvement Act of 2001, the
Commission shall publish in the Federal Register
proposed regulations developed by a negotiated
rulemaking committee pursuant to this section.
``(2) Committee.--A negotiated rulemaking committee
established pursuant to section 565 of title 5, United States
Code, to carry out this subsection shall be composed only of
Federal and Indian tribal government representatives, a
majority of whom shall be nominated by and be representative of
Indian tribes that conduct gaming pursuant to this Act.
``(e) Existing Regulations.--Regulations that establish minimum
internal control standards that are promulgated by the Commission and
in effect on the date of enactment of this section shall, effective on
the date that is 1 year after such date of enactment, have no force or
effect.
``SEC. 24. USE OF NATIONAL INDIAN GAMING COMMISSION CIVIL FINES.
``(a) In General.--Amounts collected by the Commission pursuant to
section 14 shall be deposited in a separate Indian gaming regulation
account as established under section 22(d). Funds in such accounts
shall be available to the Commission, as provided for in advance in
appropriations Acts, for carrying out this Act.
``(b) Use of Funds.--The Commission may provide grants and
technical assistance to Indian tribes from any funds secured by the
Commission pursuant to section 14, which funds shall be made available
only for the following purposes:
``(1) To provide technical training and other assistance to
Indian tribes to strengthen the regulatory integrity of Indian
gaming.
``(2) To provide assistance to Indian tribes to assess the
feasibility of non-gaming economic development activities on
Indian lands.
``(3) To provide assistance to Indian tribes to devise and
implement programs and treatment services for individuals
diagnosed as problem gamblers.
``(4) To provide other forms of assistance to Indian tribes
not inconsistent with the Indian Gaming Regulatory Act.
``(c) Source of Funds.--Amounts used to carry out subsection (b)
may only be drawn from funds--
``(1) collected by the Commission pursuant to section 14;
and
``(2) the use of which has been authorized in advance by an
appropriations Act.
``(d) Consultation.--In carrying out this section, the Commission
shall consult with Indian tribes and any other appropriate tribal or
Federal officials.
``(e) Regulations.--The Commission may promulgate such regulations
as may be necessary to carry out this section.''. | Indian Gaming Regulatory Improvement Act of 2001 - Amends the Indian Gaming Regulatory Act to make the Gambling Devices Transportation Act inapplicable to class II gaming where electronic, computer, or other technologic aids are used in connection with such gaming. Provides for a strategic plan for National Indian Gaming Commission activities, including a performance plan.Directs the Commission to establish a schedule of fees to be paid annually by each gaming operation that conducts a class II or III Indian gaming activity.Requires all fees and civil forfeitures collected by the Commission pursuant to such Act to be maintained in separate accounts and expended only for the purposes set forth in the Act.Places class I gaming on Indian lands within the exclusive jurisdiction of the Indian tribes. Requires an Indian tribe to retain the primary jurisdiction to regulate class II gaming activities that, at a minimum, shall be conducted in conformity with Federal standards and regulations promulgated by the Commission relating to the: (1) monitoring and regulation of tribal gaming; (2) establishment and regulation of internal control systems; and (3) conduct of background investigation. Requires an Indian tribe to retain primary jurisdiction to regulate class III gaming activities and requires that any such gaming be conducted in conformity with Federal standards and such regulations.Provides that existing regulations that established minimum internal control standards shall have no force or effect one year after the enactment of this Act.Authorizes the Commission, using funds collected from civil fines, to provide grants and technical assistance to Indian tribes for training and assistance related to Indian gaming. | A bill to amend the Indian Gaming Regulatory Act, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Regulatory Commission
Authorization Act for Fiscal Year 2000''.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2000.
(a) Commission.--There are authorized to be appropriated to the
Nuclear Regulatory Commission, in accordance with the provisions of
section 261 of the Atomic Energy Act of 1954 (42 U.S.C. 2017) and
section 305 of the Energy Reorganization Act of 1974 (42 U.S.C. 5875),
$465,400,000 for fiscal year 2000 to remain available until expended,
of which $19,150,000 is authorized to be appropriated from the Nuclear
Waste Fund.
(b) Office of Inspector General.--There are authorized to be
appropriated to the Nuclear Regulatory Commission's Office of Inspector
General, in accordance with the provisions of section 1105(a)(25) of
title 31, United States Code, $6,000,000 for fiscal year 2000 to remain
available until expended.
SEC. 102. ALLOCATION OF AMOUNTS AUTHORIZED.
(a) In General.--The amounts authorized to be appropriated under
section 101(a) for fiscal year 2000 shall be allocated as follows:
(1) Nuclear reactor safety.--$210,043,000 for the Nuclear
Reactor Safety Program.
(2) Nuclear materials safety.--$63,881,000 for the Nuclear
Materials Safety Program.
(3) Nuclear waste safety.--$42,143,000 for the Nuclear
Waste Safety Program.
(4) International nuclear safety support program.--
$4,840,000 may be used for the International Nuclear Safety
Support Program.
(5) Management and support program.--$144,493,000 for the
Management and Support Program.
(b) Limitations.--The Nuclear Regulatory Commission may use not
more than 1 percent of the amounts allocated under subsection (a) to
exercise its authority under section 31 a. of the Atomic Energy Act of
1954 (42 U.S.C. 2051(a)) to make grants and enter into cooperative
agreements with organizations such as universities, State and local
governments, and not-for-profit institutions. Grants made by the
Commission shall be made in accordance with chapter 63 of title 31,
United States Code, and other applicable law.
(c) Reallocation.--
(1) In general.--Except as provided in paragraphs (2) and
(3), any amount allocated for a fiscal year pursuant to any
paragraph of subsection (a) for purposes of the program
referred to in the paragraph may be reallocated by the Nuclear
Regulatory Commission for use in a program referred to in any
other paragraph of subsection (a).
(2) Limitation.--The amount available from appropriations
for use in any program specified in any paragraph of subsection
(a) may not, as a result of reallocations made under paragraph
(1), be increased or reduced by more than $1,000,000 in a
quarter, unless the Committee on Commerce of the House of
Representatives and the Committee on Environment and Public
Works of the Senate are notified in advance by the Commission.
The notification shall contain a full and complete statement of
the reallocation to be made and the facts and circumstances
relied upon in support of the reallocation.
(3) Use of certain funds.--Funds authorized to be
appropriated from the Nuclear Waste Fund may be used only for
the high-level nuclear waste activities of the Commission and
may not be reallocated for other Commission activities.
SEC. 103. LIMITATION.
Notwithstanding any other provision of this Act, no authority to
make payments under this Act shall be effective except to such extent
or in such amounts as are provided in advance in appropriation Acts.
SEC. 104. NRC USER FEES AND ANNUAL CHARGES.
Section 6101(a)(3) of the Omnibus Budget Reconciliation Act of 1990
(42 U.S.C. 2214(a)(3)) is amended by striking ``September 30, 1999''
and inserting ``September 30, 2004''.
SEC. 105. COST RECOVERY FROM GOVERNMENT AGENCIES.
Section 161w. of the Atomic Energy Act of 1954 (42 U.S.C. 2201w.)
is amended--
(1) by striking ``, or which operates any facility
regulated or certified under section 1701 or 1702,'';
(2) by striking ``483 a.'' and inserting ``9701''; and
(3) by inserting immediately before the period the
following: ``, and commencing October 1, 2000, prescribe and
collect from any other Government agency any fee, charge, or
price which it may require in accordance with such section 9701
or any other law''.
TITLE II--OTHER PROVISIONS
SEC. 201. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES.
Section 161k. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(k))
is amended to read as follows:
``k. authorize such of its members, officers, and employees
as it deems necessary in the interest of the common defense and
security to carry firearms while in the discharge of their
official duties. The Commission may also authorize--
``(1) such of those employees of its contractors
and subcontractors (at any tier) engaged in the
protection of property under the jurisdiction of the
United States located at facilities owned by or
contracted to the United States or being transported to
or from such facilities as it deems necessary in the
interests of the common defense and security; and
``(2) such of those employees of persons licensed
or certified by the Commission (including employees of
contractors of licensees or certificate holders)
engaged in the protection of property of (A) facilities
owned or operated by a Commission licensee or
certificate holder that are designated by the
Commission, or (B) property of significance to the
common defense and security located at facilities owned
or operated by a Commission licensee or certificate
holder or being transported to or from such facilities;
to carry firearms while in the discharge of their official
duties. A person authorized to carry firearms under this
subsection may, while in the performance of, and in connection
with, official duties, make arrests without warrant for any
offense against the United States committed in that person's
presence or for any felony cognizable under the laws of the
United States if that person has reasonable grounds to believe
that the individual to be arrested has committed or is
committing such felony. An employee of a contractor or
subcontractor or of a Commission licensee or certificate holder
(or a contractor of a licensee or certificate holder)
authorized to carry firearms under this subsection may make
such arrests only when the individual to be arrested is within,
or in direct flight from, the area of such offense. A person
granted authority to make arrests by this subsection may
exercise that authority only in the enforcement of laws
regarding the property of the United States in the custody of
the Department of Energy, the Nuclear Regulatory Commission, or
a contractor of the Department of Energy or Nuclear Regulatory
Commission or a licensee or certificate holder of the
Commission, laws applicable to facilities owned or operated by
a Commission licensee or certificate holder that are designated
by the Commission pursuant to this subsection and property of
significance to the common defense and security that is in the
custody of a licensee or certificate holder or a contractor of
a licensee or certificate holder of the Commission, or any
provision of this chapter that may subject an offender to a
fine, imprisonment, or both. The arrest authority conferred by
this subsection is in addition to any arrest authority under
other laws. The Secretary and the Commission, with the approval
of the Attorney General, shall issue guidelines to implement
this subsection;''.
SEC. 202. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.
Section 229a. of the Atomic Energy Act of 1954 (42 U.S.C. 2278a(a))
is amended by adding after ``custody of the Commission'' the following:
``or subject to its licensing authority or to certification by the
Commission under this Act or any other Act''.
SEC. 203. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.
Section 236a. of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a))
is amended to read as follows:
``a. Any person who intentionally and willfully destroys or causes
physical damage to, or who intentionally and willfully attempts to
destroy or cause physical damage to--
``(1) any production facility or utilization facility
licensed under this Act,
``(2) any nuclear waste storage, treatment, or disposal
facility licensed under this Act,
``(3) any nuclear fuel for a utilization facility licensed
under this Act or any spent nuclear fuel from such a facility,
``(4) any uranium enrichment or nuclear fuel fabrication
facility licensed or certified by the Nuclear Regulatory
Commission,
``(5) any production, utilization, waste storage, waste
treatment, waste disposal, uranium enrichment, or nuclear fuel
fabrication facility subject to licensing or certification
under this Act during its construction where the destruction or
damage caused or attempted to be caused could affect public
health and safety during the operation of the facility,
shall be fined not more than $10,000 or imprisoned for not more than 10
years, or both.''.
SEC. 204. PERIOD OF A COMBINED LICENSE.
Subsection c. of section 103 of the Atomic Energy Act of 1954 (42
U.S.C. 2133(c)) is amended by adding at the end the following: ``In the
case of a combined construction and operating license issued under
section 185 b., the initial duration of the license may not exceed 40
years from the date on which the Commission finds, prior to operation
of the facility, that the acceptance criteria required by such section
have been met.''.
SEC. 205. OFFICE LOCATION.
Section 23 of the Atomic Energy Act of 1954 (42 U.S.C. 2033) is
amended by striking ``; however, the Commission shall maintain an
office for the service of process and papers within the District of
Columbia''.
SEC. 206. COMMISSION MEETINGS.
(a) Conduct of Meetings.--Except as provided in subsection (b), the
Nuclear Regulatory Commission shall hold any meeting in accordance with
the regulations set forth in sections 9.100 through 9.109 of title 10
of the Code of Federal Regulations, as in effect on January 1, 1985.
(b) Transcript Requirement.--The Commission shall maintain a
complete transcript or electronic recording adequate to record fully
the proceedings of any closed meeting.
(c) Definitions.--For the purposes of this section--
(1) Meeting.--The term ``meeting'' has the meaning given
such term in section 9.101(c) of title 10 of the Code of
Federal Regulations, as in effect on January 1, 1985, and shall
be construed to include preliminary discussions, and staff
briefings, of a quorum of the members of the Commission
involving official Commission business.
(2) Closed meeting.--The term ``closed meeting'' has the
meaning given such term in section 9.101(d) of title 10 of the
Code of Federal Regulations, as in effect on January 1, 1985. | TABLE OF CONTENTS:
Title I: Authorization
Title II: Other Provisions
Nuclear Regulatory Commission Authorization Act for Fiscal Year 2000 -
Title I: Authorization
- Authorizes appropriations from the Nuclear Waste Fund for FY 2000 for: (1) the Nuclear Regulatory Commission (NRC); and (2) the NRC Office of Inspector General.
(Sec. 102) Allocates such appropriations among: (1) Nuclear Reactor Safety; (2) Nuclear Materials Safety; (3) Nuclear Waste Safety; (4) the International Nuclear Safety Support Program; and (5) Management and Support.
Prohibits the NRC from using more than one percent of such allocations to make grants and enter into cooperative agreements with organizations such as universities, State and local governments, and not-for-profit institutions. Mandates NRC notification to the Congress as a prerequisite to specified reallocations. Restricts the use of Nuclear Waste Fund appropriations solely to NRC high-level nuclear waste activities.
(Sec. 104) Amends the Omnibus Budget Reconciliation Act of 1990 to extend through FY 2004 NRC authority to assess and collect user fees and annual charges.
(Sec. 105) Authorizes the NRC, beginning in FY 2001, to assess and collect fees for full cost recovery from other Federal agencies in return for services rendered by the NRC (rather than recover these costs through the annual fees assessed to all NRC licensees).
Title II: Other Provisions
- Amends the Atomic Energy Act of 1954 to prescribe guidelines for the carrying of firearms and the authority to make arrests by employees or contractors of NRC licensees or certificate holders for the protection of property of significance to the common defense and security located at facilities owned or operated by an NRC licensee or certificate holder or being transported to or from such facilities.
(Sec. 202) Authorizes the NRC to issue trespass regulations relating to property subject to its licensing or certification authority.
(Sec. 203) Revises the crime of sabotage of Federal nuclear facilities to cover any production, utilization, waste storage, treatment, disposal, uranium enrichment, or nuclear fuel fabrication facility subject to licensing or certification under this Act during its construction where the destruction or damage caused or attempted could affect public health and safety during facility operation.
(Sec. 204) Provides that the initial duration of a combined construction and operating license for a production or utilization facility may not exceed 40 years from the date on which the NRC finds, prior to facility operation, that specified statutory acceptance criteria have been met.
(Sec. 205) Repeals the requirement that the NRC maintain an office for the service of process and papers within the District of Columbia.
(Sec.206) Directs NRC to: (1) hold open meetings in accordance with the Government in the Sunshine Act; and (2) maintain a complete transcript or electronic recording adequate to record fully any closed meeting proceedings. | Nuclear Regulatory Commission Authorization Act for Fiscal Year 2000 |
SECTION 1. FINDINGS.
The Congress finds the following:
(1) The United States experienced an extreme shortage of
nurses and medical personnel during World War II, and this
shortage was filled in part by the 180,000 women of the United
States Cadet Nurse Corps.
(2) The United States Cadet Nurse Corps was under the
jurisdiction of the Public Health Service, a branch of the
uniformed services of the United States.
(3) The United States Cadet Nurse Corps was established
pursuant to the Act of June 15, 1943 (Chapter 126; 57 Stat.
153), commonly known as the Bolton Act in honor of
Congresswoman Frances Payne Bolton who introduced the
legislation.
(4) Few opportunities were available to women, and the
United States Cadet Nurse Corps allowed many young women to
serve our country the best way they could and fill the domestic
nursing shortage in our country.
(5) The members of the United States Cadet Nurse Corps were
required to undergo training that involved 12-hour days in
hospitals followed by classes, with specific standards for
admission into the Corps.
(6) The members of the United States Cadet Nurse Corps made
a pledge upon entrance into their post to be available for
military, governmental, or essential civilian services for the
duration of World War II.
(7) The members of the United States Cadet Nurse Corps wore
uniforms with patches certified by the Secretary of the Army
and served under the authority of commissioned officers.
(8) Members of the United States Cadet Nurse Corps were
charged with caring for sick and wounded members of the Armed
Forces and performed other duties in promotion of the public
interest in connection with military operations.
(9) The United States Cadet Nurse Corps was responsible for
saving civilian hospital nursing services by providing 80
percent of the nursing staff for civilian hospitals during
World War II.
(10) Some members of the United States Cadet Nurse Corps
left their families and served all across the Nation in various
hospitals, occasionally substituting for doctors.
(11) The legacy of the Cadet Nurse Corps is manifold, as
their service maintained a strong health care system during a
severe health shortage, professionalized nursing school
education and training, and stimulated interest in the nursing
profession and created greater public recognition of nurses.
(12) The United States Cadet Nurse Corps, despite their
historic and patriotic contributions, remains unrecognized as a
military organization and its members remain unrecognized as
veterans of the United States Army.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The President pro tempore of the Senate and
the Speaker of the House of Representatives shall make appropriate
arrangements for the award, on behalf of the Congress, of a single gold
medal of appropriate design in honor of the United States Cadet Nurse
Corps, collectively, in recognition of their patriotism and civic
activism in a time of emergency during World War II which saved
civilian hospital nursing services and provided 80 percent of the
nursing staff for civilian hospitals during World War II.
(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 the gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
(c) Smithsonian Institution.--
(1) In general.--Following the award of the gold medal in
honor of the United States Cadet Nurse Corps, the gold medal
shall be given to the Smithsonian Institution, where it will be
displayed as appropriate and made available for research.
(2) Sense of the congress.--It is the sense of the Congress
that the Smithsonian Institution shall make the gold medal
received under this Act available for display elsewhere,
particularly at other locations associated with the Cadet Nurse
Corps.
SEC. 3. DUPLICATE MEDALS.
Under such regulations as the Secretary may prescribe, the
Secretary may strike and sell duplicates in bronze of the gold medal
struck under this Act, at a price sufficient to cover the costs of the
medals, including labor, materials, dyes, use of machinery, and
overhead expenses.
SEC. 4. NATIONAL MEDALS.
Medals struck pursuant to this Act are national medals for purposes
of chapter 51 of title 31, United States Code.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE.
(a) Authorization of Appropriations.--There is authorized to be
charged against the United States Mint Public Enterprise Fund, an
amount not to exceed $30,000 to pay for the cost of the medal
authorized under section 2.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 3 shall be deposited in the United States
Mint Public Enterprise Fund. | Directs the President ProTempore of the Senate and the Speaker of the House of Representatives to arrange for the award of a congressional gold medal in honor of the United States Cadet Nurse Corps, collectively, in recognition of their patriotism and civic activism in a time of emergency during World War II which saved civilian hospital nursing services and provided 80% of the nursing staff for civilian hospitals during World War II.
Directs that such medal be given to the Smithsonian Institution to be displayed as appropriate and made available for research.
Expresses the sense of Congress that the Smithsonian Institution shall make the gold medal received under this Act available for display elsewhere, particularly at other locations associated with the Corps. | To award a congressional gold medal to the United States Cadet Nurse Corps. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Housing Assistance
and Self-Determination Reauthorization Act of 2002''.
SEC. 2. REAUTHORIZATION OF THE NATIVE AMERICAN HOUSING ASSISTANCE AND
SELF-DETERMINATION ACT OF 1996.
(a) Block Grants.--Section 108 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4117) is
amended by striking ``1998, 1999, 2000, and 2001'' and inserting ``1998
through 2007''.
(b) Federal Guarantees.--Section 605 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4195) is
amended--
(1) in subsection (a), by striking ``1997, 1998, 1999, 2000,
and 2001'' and inserting ``1997 through 2007''; and
(2) in subsection (b), by striking ``1997, 1998, 1999, 2000,
and 2001'' and inserting ``1997 through 2007''.
(c) Training and Technical Assistance.--Section 703 of the Native
American Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4212) is amended by striking ``1997, 1998, 1999, 2000, and
2001'' and inserting ``1997 through 2007''.
(d) Indian Housing Loan Guarantee Fund.--Section 184(i) of the
Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a(i))
is amended--
(1) in paragraph (5)(C), by striking ``each fiscal year'' and
inserting ``each of fiscal years 1997 through 2007''; and
(2) in paragraph (7), by striking ``each fiscal year'' and
inserting ``each of fiscal years 1997 through 2007''.
SEC. 3. DEFINITIONS.
Section 4 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C 4103) is amended by adding at the
end the following:
``(22) Housing related community development.--
``(A) In general.--The term `housing related community
development' means any tribally-owned and operated facility,
business, activity, or infrastructure that--
``(i) is necessary to the direct construction of
reservation housing; and
``(ii) would help an Indian tribe or its tribally-
designated housing authority reduce the cost of
construction of Indian housing or otherwise promote the
findings of this Act.
``(B) Exclusion.--The term `housing and community
development' does not include any activity conducted by any
Indian tribe under the Indian Gaming Regulatory Act (25 U.S.C.
2710 et seq.).''.
SEC. 4. BLOCK GRANTS AND GRANT REQUIREMENTS.
Section 101(h) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111(h)) is amended--
(1) in the heading, by inserting ``and Planning'' after
``Administrative''; and
(2) by inserting after the word ``Act'' the first place that
term appears, the following: ``for comprehensive housing and
community development planning activities and''.
SEC. 5. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS.
Section 104 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4114) is amended--
(1) in subsection (a)(1)--
(A) by striking ``A recipient'' and inserting the
following: ``Notwithstanding any other provision of this Act, a
recipient''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) the recipient has agreed that it will utilize such
income for housing related activities in accordance with this
Act.''; and
(2) in subsection (a)(2)--
(A) in the heading, by inserting ``Restricted Access or''
before the word ``Reduction'';
(B) in subparagraph (B), by striking ``or'' at the end;
(C) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(D) by adding at the end the following:
``(D) whether the recipient has expended retained program
income for housing-related activities.''.
SEC. 6. REGULATIONS.
Section 106(b)(2)(A) of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4116(b)(2)(A)) is amended by
inserting after ``required under this Act'' the following: ``,
including any regulations that may be required pursuant to amendments
made to this Act after the date of enactment of this Act,''.
SEC. 7. FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING ACTIVITIES.
Section 601 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4191) is amended--
(1) in subsection (a), by inserting after ``section 202'' the
following: ``and housing related community development activity as
consistent with the purposes of this Act'';
(2) by striking subsection (b); and
(3) by redesignating subsections (c) and (d) as subsections (b)
and (c), respectively.
SEC. 8. FEASIBILITY STUDIES TO IMPROVE THE DELIVERY OF HOUSING
ASSISTANCE IN NATIVE COMMUNITIES.
Section 202 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4132) is amended by adding at the
end the following:
``(7) Community development demonstration project.--
``(A) In general.--Consistent with principles of Indian
self-determination and the findings of this Act, the Secretary
shall conduct and submit to Congress a study of the feasibility
of establishing a demonstration project in which Indian tribes,
tribal organizations, or tribal consortia are authorized to
expend amounts received pursuant to the Native American Housing
Assistance and Self-Determination Reauthorization Act of 2002
in order to design, implement, and operate community
development demonstration projects.
``(B) Study.--Not later than 1 year after the date of
enactment of the Native American Housing Assistance and Self-
Determination Reauthorization Act of 2002, the Secretary shall
submit the study conducted under subparagraph (A) to the
Committee on Banking, Housing, and Urban Affairs and the
Committee on Indian Affairs of the Senate, and the Committee on
Financial Services and the Committee on Resources of the House
of Representatives.
``(8) Self-determination act demonstration project.--
``(A) In general.--Consistent with the provisions of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.), the Secretary shall conduct and submit to
Congress a study of the feasibility of establishing a
demonstration project in which Indian tribes and tribal
organizations are authorized to receive assistance in a manner
that maximizes tribal authority and decision-making in the
design and implementation of Federal housing and related
activity funding.
``(B) Study.--Not later than 1 year after the date of
enactment of the Native American Housing Assistance and Self-
Determination Reauthorization Act of 2002, the Secretary shall
submit the study conducted under subparagraph (A) to the
Committee on Banking, Housing, and Urban Affairs and the
Committee on Indian Affairs of the Senate, and the Committee on
Financial Services and the Committee on Resources of the House
of Representatives.''.
SEC. 9. BLACK MOLD INFESTATION STUDY.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Housing and Urban Development shall--
(1) complete a study on the extent of black mold infestation of
Native American housing in the United States; and
(2) submit to Congress a report that describes recommendations
of the Secretary for means by which to address the infestation.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Native American Housing Assistance and Self-Determination Reauthorization Act of 2002 - (Sec. 2) Amends the Native American Housing Assistance and Self-Determination Act of 1996 to reauthorize through FY 2007: (1) block grants; (2) Federal loan guarantees (aggregate fiscal year limitation and credit subsidy); (3) training and technical assistance; and (4) the Indian Housing Loan Guarantee Fund.(Sec. 4) Includes planning among permitted block grant activities.(Sec. 5) Requires a recipient to use program income for housing related activities (currently, only for affordable housing activities).(Sec. 6) Subjects regulations pursuant to any amendments to such Act to negotiated rulemaking procedures.(Sec. 7) Extends Federal loan guarantees to encompass housing-related community development activity. Repeals the requirement that an Indian tribe or its housing entity seek alternative financing before using guaranteed loan funds.(Sec. 8) Directs the Secretary of Housing and Urban Development to study and report to Congress on the feasibility of demonstration projects for possible community development demonstration projects and for self-determination in the design and implementation of Federal housing funding.(Sec. 9) Requires the Secretary to study and report to Congress on the extent of black mold infestation of Native American housing in the United States. | A bill to reauthorize the Native American Housing Assistance and Self-Determination Act of 1996. |
to repeal sections 2, 3, and 6 of
the Neutrality Act of 1939, and for other purposes (Public Law
77-294; 55 Stat. 764) repealed section 6 of the Neutrality Act
of 1939 (related to the arming of United States vessels) and
authorized the President during the national emergency to arm
or permit to arm any United States vessel.
(4) On February 7, 1942, President Franklin D. Roosevelt,
through Executive Order Number 9054, established the War
Shipping Administration that was charged with building or
purchasing, and operating the civilian shipping vessels needed
for the war effort.
(5) During World War II, United States merchant mariners
transported goods and materials through ``contested waters'' to
the various combat theaters.
(6) At the conclusion of World War II, United States
merchant mariners were responsible for transporting several
million members of the United States Armed Forces back to the
United States.
(7) The GI Bill Improvement Act of 1977 (Public Law 95-202)
provided that the Secretary of Defense could determine that
service for the Armed Forces by organized groups of civilians,
or contractors, be considered ``active service'' for benefits
administered by the Veterans Administration.
(8) Department of Defense Directive 1000.20 directed that
the determination be made by the Secretary of the Air Force,
and established the Civilian/Military Service Review Board and
Advisory Panel.
(9) In 1987, three merchant mariners along with the AFL-CIO
sued Edward C. Aldridge, Secretary of the Air Force,
challenging the denial of their application for veterans
status. In Schumacher v. Aldridge (665 F. Supp. 41 (D.D.C.
1987)), the Court determined that Secretary Aldridge had failed
to ``articulate clear and intelligible criteria for the
administration'' of the application approval process.
(10) During World War II, women were repeatedly denied
issuance of official documentation affirming their merchant
marine seamen status by the War Shipping Administration.
(11) Coast Guard Information Sheet #77 (April 1992)
identifies the following acceptable forms of documentation for
eligibility meeting the requirements set forth in GI Bill
Improvement Act of 1977 (Public Law 95-202) and Veterans
Programs Enhancement Act of 1998 (Public Law 105-368):
(A) Certificate of shipping and discharge forms.
(B) Continuous discharge books (ship's deck or
engine logbooks).
(C) Company letters showing vessel names and dates
of voyages.
(12) Coast Guard Commandant Order of 20 March, 1944,
relieved masters of tugs, towboats, and seagoing barges of the
responsibility of submitting reports of seamen shipped or
discharged on forms, meaning certificates of shipping and
discharge forms are not available to all eligible individuals
seeking to document their eligibility.
(13) Coast Guard Information Sheet #77 (April 1992) states
that ``deck logs were traditionally considered to be the
property of the owners of the ships. After World War II,
however, the deck and engine logbooks of vessels operated by
the War Shipping Administration were turned over to that agency
by the ship owners, and were destroyed during the 1970s'',
meaning that continuous discharge books are not available to
all eligible individuals seeking to document their eligibility.
(14) Coast Guard Information Sheet #77 (April 1992) states
``some World War II period log books do not name ports visited
during the voyage due to wartime security restrictions'',
meaning that company letters showing vessel names and dates of
voyages are not available to all eligible individuals seeking
to document their eligibility.
SEC. 3. METHODS FOR VALIDATING CERTAIN SERVICE CONSIDERED TO BE ACTIVE
SERVICE BY THE SECRETARY OF VETERANS AFFAIRS.
(a) In General.--For the purposes of verifying that an individual
performed service under honorable conditions that satisfies the
requirements of a coastwise merchant seaman who is recognized pursuant
to section 401 of the GI Bill Improvement Act of 1977 (Public Law 95-
202; 38 U.S.C. 106 note) as having performed active duty service for
the purposes described in subsection (c)(1), the Secretary of Homeland
Security shall accept the following:
(1) In the case of an individual who served on a coastwise
merchant vessel seeking such recognition for whom no applicable
Coast Guard shipping or discharge form, ship logbook, merchant
mariner's document or Z-card, or other official employment
record is available, the Secretary shall provide such
recognition on the basis of applicable Social Security
Administration records submitted for or by the individual,
together with validated testimony given by the individual or
the primary next of kin of the individual that the individual
performed such service during the period beginning on December
7, 1941, and ending on December 31, 1946.
(2) In the case of an individual who served on a coastwise
merchant vessel seeking such recognition for whom the
applicable Coast Guard shipping or discharge form, ship
logbook, merchant mariner's document or Z-card, or other
official employment record has been destroyed or otherwise
become unavailable by reason of any action committed by a
person responsible for the control and maintenance of such
form, logbook, or record, the Secretary shall accept other
official documentation demonstrating that the individual
performed such service during period beginning on December 7,
1941, and ending on December 31, 1946.
(3) For the purpose of determining whether to recognize
service allegedly performed during the period beginning on
December 7, 1941, and ending on December 31, 1946, the
Secretary shall recognize masters of seagoing vessels or other
officers in command of similarly organized groups as agents of
the United States who were authorized to document any
individual for purposes of hiring the individual to perform
service in the merchant marine or discharging an individual
from such service.
(b) Treatment of Other Documentation.--Other documentation accepted
by the Secretary of Homeland Security pursuant to subsection (a)(2)
shall satisfy all requirements for eligibility of service during the
period beginning on December 7, 1941, and ending on December 31, 1946.
(c) Benefits Allowed.--
(1) Burial benefits eligibility.--Service of an individual
that is considered active duty pursuant to subsection (a) shall
be considered as active duty service with respect to providing
burial benefits under chapters 23 and 24 of title 38, United
States Code, to the individual.
(2) Medals, ribbons, and decorations.--An individual whose
service is recognized as active duty pursuant to subsection (a)
may be awarded an appropriate medal, ribbon, or other military
decoration based on such service.
(3) Status of veteran.--An individual whose service is
recognized as active duty pursuant to subsection (a) shall be
honored as a veteran but shall not be entitled by reason of
such recognized service to any benefit that is not described in
this subsection.
(d) Determination of Coastwise Merchant Seaman.--The Secretary of
Homeland Security shall verify that an individual performed service
under honorable conditions that satisfies the requirements of a
coastwise merchant seaman pursuant to this section without regard to
the sex, age, or disability of the individual during the period in
which the individual served as such a coastwise merchant seaman.
(e) Definition of Primary Next of Kin.--In this section, the term
``primary next of kin'' with respect to an individual seeking
recognition for service under this section means the closest living
relative of the individual who was alive during the period of such
service.
(f) Effective Date.--This Act shall take effect 90 days after the
date of the enactment of this Act. | World War II Merchant Mariner Service Act - Directs the Secretary of Homeland Security (DHS) to accept additional documentation for verifying that an individual performed honorable service as a coastwise merchant seaman during the period beginning on December 7, 1941, and ending on December 31, 1946, for purposes of eligibility for veterans' benefits under the GI Bill Improvement Act of 1977. Requires such documentation to include Social Security Administration (SSA) records and validated testimony in the case of the absence of Coast Guard shipping or discharge forms, ship logbooks, documents, or other official employment records. Requires the Secretary, when determining whether to recognize service allegedly performed during such period, to recognize masters of seagoing vessels or other command officers who were authorized to document an individual for purposes of hiring for or discharging from the merchant marine. Considers any service so recognized as active-duty service for purposes of veterans' burial benefits. Makes such veterans eligible for any appropriate military medals, ribbons, and decorations. Requires the Secretary to verify that an individual performed such service under honorable conditions without regard to their sex, age, or disability during the service period. | World War II Merchant Mariner Service Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Antitampering Act of 1999''.
SEC. 2. PROHIBITION AGAINST UNAUTHORIZED ALTERATION OF PRODUCT
IDENTIFICATION CODES.
(a) In General.--Title VIII of the Act entitled ``An Act to provide
for the registration and protection of trade-marks used in commerce, to
carry out the provisions of certain international conventions, and for
other purposes.'', approved July 5, 1946 (commonly referred to as the
``Lanham Act'' and the ``Trademark Act of 1946'') is amended by
inserting after section 43 (15 U.S.C. 1125) the following:
``unauthorized modifications of product identification codes
``Sec. 43A. (a) Definitions.--In this section--
``(1) the term `consumer'--
``(A) means--
``(i) the ultimate user or purchaser of a
good; or
``(ii) any hotel, restaurant, or other
provider of services that must remove or alter
the container, label, or packaging of a good in
order to make the good available to the
ultimate user or purchaser; and
``(B) does not include any retailer or other
distributor who acquires a good for resale;
``(2) the term `good' means any article, product, or
commodity that is customarily produced or distributed for sale,
rental, or licensing in interstate or foreign commerce, and any
container, packaging, label, or component thereof, but does not
include any article of clothing;
``(3) the term `manufacturer' includes the original
manufacturer of a good and a duly appointed agent or
representative of that manufacturer acting within the scope of
its agency or representation;
``(4) the term `product identification code'--
``(A) includes any number, letter, symbol, marking,
date (including an expiration date), code, software, or
other technology that is affixed to or embedded in any
good, by which the manufacturer of the good may trace
the good back to a particular production lot or batch
or date of removal, or otherwise identify the date of
manufacture, the date of expiration, or other
comparable critical data; and
``(B) does not include copyright management
information conveyed in connection with copies or
phonorecords of a copyrighted work or any performance
or display of a copyrighted work;
``(5) the term `Universal Product Code' refers to the
multidigit bar code and number representing goods in retail
applications; and
``(6) the term `value' means the face, par, or market
value, whichever is the greatest.
``(b) Prohibited Acts.--Except as otherwise authorized by Federal
law, it shall be unlawful for any person, other than the consumer or
the manufacturer of a good, knowingly and without authorization of the
manufacturer--
``(1) to directly or indirectly alter, conceal, remove,
obliterate, deface, strip, or peel any product identification
code affixed to or embedded in that good;
``(2) to directly or indirectly affix or embed a product
identification code to or in that good which is intended by the
manufacturer for a different good, such that the code no longer
accurately identifies the source of the good;
``(3) to directly or indirectly affix to or embed in that
good any number, letter, symbol, marking, date, code, or other
technology intended to simulate a product identification code;
or
``(4) to import, reimport, export, sell, distribute, or
broker that good, in a case in which the person knows that the
product identification code has been altered, concealed,
removed, obliterated, defaced, stripped, peeled, affixed, or
embedded in violation of paragraph (1) or (2), or in a case in
which the person knows that the good bears an unauthorized
number, letter, symbol, marking, date, or other code in
violation of paragraph (3).
``(c) Applicability.--The prohibitions set forth in subsection (b)
shall apply to product identification codes (or simulated product
identification codes in a case to which subsection (b)(3) applies)
affixed to, or embedded in, any good held for sale or distribution in
interstate or foreign commerce or after shipment therein.
``(d) Exclusion.--
``(1) UPC codes.--Nothing in this section prohibits a
retailer or distributor from affixing a Universal Product Code
or other legitimate pricing or inventory code or information
required by State or Federal Law if such code or information
does not (or can be removed so as not to) permanently alter,
conceal, remove, obliterate, deface, strip, or peel any product
identification code.
``(2) Repackaging for resale.--(A) Nothing in this section
prohibits a distributor from removing an article, product, or
commodity of retail sale from a shipping container and placing
such article, product, or commodity in another shipping
container for purpose of resale in a quantity different from
the quantity originally provided by the manufacturer or from
replacing a damaged shipping container, if, except as provided
in paragraph (1), such article, product, or commodity of retail
sale retains its original product identification code, without
any obstruction or alteration, and if--
``(i) such distributor is registered with all
applicable Federal and State agencies;
``(ii) such distributor repackages the article,
product, or commodity in full compliance with all
applicable State and Federal laws and regulations; and
``(iii) the act of repackaging does not result in a
prohibited act under section 301 of the Federal Food,
Drug, and Cosmetic Act or violate any other applicable
State or Federal law or regulation.
``(B) As used in this paragraph, the term `shipping
container' means--
``(i) a container or wrapping used for the
transportation of any article, product, or commodity in
bulk or in quantity to manufacturers, packers, or
processors, or to wholesale or retail distributors thereof; and
``(ii) containers or wrappings used by retailers to
ship or deliver any article, product, or commodity to
retail customers, if such containers and wrappings bear
no printed matter pertaining to any particular article,
product, or commodity.
``(e) Criminal Penalties.--Any person who willfully violates this
section shall be punished as provided in section 1365A of title 18.
``(f) Civil Remedies.--
``(1) In general.--Any person who is injured by a violation
of this section, or threatened with such injury, may bring a
civil action in an appropriate United States district court
against the alleged violator.
``(2) Injunctions and impounding and disposition of
goods.--In any action under paragraph (1), the court may--
``(A) grant 1 or more temporary, preliminary, or
permanent injunctions on such terms as the court
determines to be reasonable to prevent or restrain the
violation;
``(B) at any time while the action is pending,
order the impounding, on such terms as the court
determines to be reasonable, of any good that is in the
custody or control of the alleged violator and that the
court has reasonable cause to believe was involved in
the violation; and
``(C) as part of a final judgment or decree--
``(i) order the destruction of any good
involved in the violation that is in the
custody or control of the violator or that has
been impounded under subparagraph (B); or
``(ii) if the court determines that any
good impounded under subparagraph (B) is not
unsafe or a hazard to health, dispose of the
good by delivery to such Federal, State, or
local government agencies as, in the opinion of
the court, have a need for such good, or by
gift to such charitable or nonprofit
institutions as, in the opinion of the court,
have a need for such good, if such disposition
would not otherwise be in violation of law, and
if the manufacturer consents to such
disposition and is given the opportunity to
reapply a product identification code to the
good.
``(3) Damages.--
``(A) In general.--Subject to subparagraph (B), in
any action under paragraph (1), the plaintiff shall be
entitled to recover the actual damages suffered by the
plaintiff as a result of the violation, and any profits
of the violator that are attributable to the violation
and are not taken into account in computing the actual
damages. In establishing the violator's profits, the
plaintiff shall be required to present proof only of
the violator's sales, and the violator shall be
required to prove all elements of cost or deduction
claimed.
``(B) Statutory damages.--In any action under
paragraph (1), the plaintiff may elect, at any time
before final judgment is rendered, to recover, instead
of actual damages and profits described in subparagraph
(A), an award of statutory damages for any violation
under this section in an amount equal to--
``(i) not less than $500 and not more than
$100,000, with respect to each type of goods
involved in the violation; and
``(ii) if the violation threatens the
health and safety of the public, as determined
by the court, not less than $5,000 and not more
than $1,000,000, with respect to each type of
goods involved in the violation.
``(4) Costs and attorney's fees.--In any action under
paragraph (1)--
``(A) in addition to any damages recovered under
paragraph (3), a prevailing plaintiff may recover the
full costs of the action; and
``(B) the court, in its discretion, may also award
reasonable attorney fees to the prevailing party.
``(5) Repeat violations.--
``(A) Treble damages.--In any case in which a
person violates this section within 3 years after the
date on which a final judgment was entered against that
person for a previous violation of this section, the
court, in an action brought under this subsection, may
increase the award of damages for the later violation
to not more than 3 times the amount that would
otherwise be awarded under paragraph (3), as the court
considers appropriate.
``(B) Burden of proof.--A plaintiff that seeks
damages as described in subparagraph (A) shall bear the
burden of proving the existence of the earlier
violation.
``(6) Limitations on actions.--No civil action may be
commenced under this section later than 3 years after the date
on which the claimant discovers the violation.
``(7) Innocent violations.--In any action under paragraph
(1), the court in its discretion may reduce or remit the total
award of damages in any case in which the violator sustains the
burden of proving, and the court finds, that the violator was
not aware and had no reason to believe that the acts of the
violator constituted a violation.
``(g) Enforcement.--The Attorney General shall enforce this
section.''.
(b) Conforming Amendment.--The heading for title VIII of the Act of
July 5, 1946, is amended by striking ``AND DILUTION'' and inserting
``DILUTION, AND ADULTERATION OF PRODUCT CODES''.
SEC. 3. CRIMINAL PENALTIES.
(a) In General.--Chapter 65 of title 18, United States Code, is
amended by inserting after section 1365 the following:
``Sec. 1365A. Criminal tampering with product identification codes
``(a) Criminal Penalties.--Any person who willfully violates
section 43A of the Act of July 5, 1946 (commonly referred to as the
`Trademark Act of 1946') shall--
``(1) be fined under this title, imprisoned not more than 1
year, or both;
``(2) if the total retail value of the good or goods
involved in the violation is greater than $5,000, be fined
under this title, imprisoned not more than 5 years, or both;
``(3) if the person acts with reckless disregard for the
risk that the health or safety of the public would be
threatened and under circumstances manifesting extreme
indifference to such risk, and the violation threatens the
health or safety of the public, be fined under this title,
imprisoned not more than 10 years, or both;
``(4) if the person acts with reckless disregard for the
risk that another person will be placed in danger of death or
bodily injury and under circumstances manifesting extreme
indifference to such risk and--
``(A) serious bodily injury to any individual
results, be fined under this title, imprisoned not more
than 20 years, or both; or
``(B) death of an individual results, be fined
under this title, imprisoned for any term of years or
for life, or both; and
``(5) with respect to any second or subsequent violation,
be subject to twice the maximum term of imprisonment that would
otherwise be imposed under this subsection, fined under this
title, or both.
``(b) Injunctions and Impounding, Forfeiture, and Disposition of
Goods.--
``(1) Injunctions and impounding.--In any prosecution under
this section, upon motion of the United States, the court may--
``(A) grant 1 or more temporary, preliminary, or
permanent injunctions on such terms as the court
determines to be reasonable to prevent or restrain the
alleged violation; and
``(B) at any time during the proceedings, order the
impounding, on such terms as the court determines to be
reasonable, of any good that is in the custody or
control of the defendant and that the court has
reasonable cause to believe was involved in the
violation.
``(2) Forfeiture and disposition of goods.--Upon conviction
of any person of a violation of this section, the court shall--
``(A) order the forfeiture of any good involved in
the violation that is in the custody or control of the
defendant or that has been impounded under paragraph
(1)(B); and
``(B) either--
``(i) order the destruction of each good
forfeited under subparagraph (A); or
``(ii) if the court determines that any
good forfeited under subparagraph (A) is not
unsafe or a hazard to health, dispose of the
good by delivery to such Federal, State, or
local government agencies as, in the opinion of
the court, have a need for such good, or by
gift to such charitable or nonprofit
institutions as, in the opinion of the court,
have a need for such good, if such disposition
would not otherwise be in violation of law and
if the manufacturer consents to such
disposition and is given the opportunity to
reapply a product identification code to the
good.''.
(b) Conforming Amendment.--The table of sections for chapter 65 of
title 18, United States Code, is amended by inserting after the item
relating to section 1365 the following:
``1365A. Criminal tampering with product identification codes.''.
SEC. 4. ATTORNEY GENERAL REPORTING REQUIREMENTS.
Section 2320(f) of title 18, United States Code, is amended--
(1) by inserting ``criminal tampering with product
identification codes under section 1365A,'' after ``involve'';
and
(2) in paragraph (4), by inserting ``1365A,'' after
``sections''. | Subjects violators to liability for: (1) civil and criminal penalties; (2) general and statutory damages; and (3) court costs and attorney's fees. Designates the Attorney General as the chief enforcement official. | Antitampering Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Children from Electronic
Cigarette Advertising Act of 2014''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) According to the Food and Drug Administration, because
electronic cigarettes have not been fully studied, consumers
currently do not know--
(A) the potential risks of electronic cigarettes
when used as intended;
(B) how much nicotine or other potentially harmful
chemicals are being inhaled during use; or
(C) if there are any benefits associated with using
these products.
(2) Most electronic cigarettes contain widely varying
levels of nicotine, which is a highly addictive drug that
impacts the cardiovascular system and can be lethal when
delivered in high doses.
(3) According to the Surgeon General, adolescents are
particularly vulnerable to the adverse effects of nicotine and
adolescent exposure to nicotine may have lasting adverse
consequences for brain development.
(4) Use of electronic cigarettes has risen in youth
according to a study by the Centers for Disease Control and
Prevention that was released in September 2013, which found
that in one year, from 2011 to 2012, the percentage of middle
and high school students who had ever used electronic
cigarettes more than doubled.
(5) Electronic cigarette use may lead children to become
addicted to nicotine and could be a gateway to various tobacco
products.
(6) Marketing of electronic cigarettes to youth is
occurring in the form of advertising using cartoons and
sponsorships of events popular with youth such as concerts and
sporting events.
(b) Sense of Congress.--It is the sense of Congress that the
Federal Trade Commission should prohibit the advertising, promoting,
and marketing in commerce of electronic cigarettes to children as an
unfair or deceptive act or practice, in order to protect the health of
the youth of the United States.
SEC. 3. PROHIBITION ON MARKETING OF ELECTRONIC CIGARETTES TO CHILDREN.
(a) Definitions.--In this section:
(1) Child.--The term ``child'' means an individual who is
under the age of 18 years.
(2) Commerce.--The term ``commerce'' has the meaning given
such term in section 4 of the Federal Trade Commission Act (15
U.S.C. 44).
(3) Electronic cigarette.--The term ``electronic
cigarette'' means a battery-operated product designed to
deliver nicotine, flavor, or other chemicals and that turns
chemicals, such as nicotine, into an aerosol that is inhaled by
the user.
(b) Prohibition.--No person may advertise, promote, or market in
commerce an electronic cigarette in a manner that the person knows or
should know will have the effect of increasing the use of an electronic
cigarette by a child.
(c) Enforcement by Federal Trade Commission.--
(1) Unfair or deceptive act or practice.--A violation of
subsection (b) shall be treated as a violation of a rule
defining an unfair or deceptive act or practice described under
section 18(a)(1)(B) of the Federal Trade Commission Act (15
U.S.C. 57a(a)(1)(B)).
(2) Powers of commission.--
(A) In general.--The Federal Trade Commission shall
enforce this section in the same manner, by the same
means, and with the same jurisdiction, powers, and
duties as though all applicable terms and provisions of
the Federal Trade Commission Act (15 U.S.C. 41 et seq.)
were incorporated into and made a part of this section.
(B) Privileges and immunities.--Any person who
violates this section shall be subject to the penalties
and entitled to the privileges and immunities provided
in the Federal Trade Commission Act (15 U.S.C. 41 et
seq.).
(C) Rulemaking.--The Federal Trade Commission may
promulgate standards and rules to carry out this
section in accordance with section 553 of title 5,
United States Code.
(d) Enforcement by States.--
(1) In general.--In any case in which the attorney general
of a State has reason to believe that an interest of the
residents of the State has been or is threatened or adversely
affected by the engagement of any person subject to subsection
(b) in a practice that violates such subsection, the attorney
general of the State may, as parens patriae, bring a civil
action on behalf of the residents of the State in an
appropriate district court of the United States--
(A) to enjoin further violation of such subsection
by such person;
(B) to compel compliance with such subsection;
(C) to obtain damages, restitution, or other
compensation on behalf of such residents;
(D) to obtain such other relief as the court
considers appropriate; or
(E) to obtain civil penalties in the amount
determined under paragraph (2).
(2) Civil penalties.--
(A) Calculation.--For purposes of imposing a civil
penalty under paragraph (1)(E) with respect to a person
who violates subsection (b), the amount determined
under this paragraph is the amount calculated by
multiplying the number of days that the person is not
in compliance with subsection (b) by an amount not
greater than $16,000.
(B) Adjustment for inflation.--Beginning on the
date on which the Bureau of Labor Statistics first
publishes the Consumer Price Index after the date that
is 1 year after the date of the enactment of this Act,
and annually thereafter, the amounts specified in
subparagraph (A) shall be increased by the percentage
increase in the Consumer Price Index published on that
date from the Consumer Price Index published the
previous year.
(3) Rights of federal trade commission.--
(A) Notice to federal trade commission.--
(i) In general.--Except as provided in
clause (iii), the attorney general of a State
shall notify the Federal Trade Commission in
writing that the attorney general intends to
bring a civil action under paragraph (1) not
later than 10 days before initiating the civil
action.
(ii) Contents.--The notification required
by clause (i) with respect to a civil action
shall include a copy of the complaint to be
filed to initiate the civil action.
(iii) Exception.--If it is not feasible for
the attorney general of a State to provide the
notification required by clause (i) before
initiating a civil action under paragraph (1),
the attorney general shall notify the Federal
Trade Commission immediately upon instituting
the civil action.
(B) Intervention by federal trade commission.--The
Federal Trade Commission may--
(i) intervene in any civil action brought
by the attorney general of a State under
paragraph (1); and
(ii) upon intervening--
(I) be heard on all matters arising
in the civil action; and
(II) file petitions for appeal of a
decision in the civil action.
(4) Investigatory powers.--Nothing in this subsection may
be construed to prevent the attorney general of a State from
exercising the powers conferred on the attorney general by the
laws of the State to conduct investigations, to administer
oaths or affirmations, or to compel the attendance of witnesses
or the production of documentary or other evidence.
(5) Preemptive action by federal trade commission.--If the
Federal Trade Commission institutes a civil action or an
administrative action with respect to a violation of subsection
(b), the attorney general of a State may not, during the
pendency of such action, bring a civil action under paragraph
(1) against any defendant named in the complaint of the
Commission for the violation with respect to which the
Commission instituted such action.
(6) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1)
may be brought in--
(i) the district court of the United States
that meets applicable requirements relating to
venue under section 1391 of title 28, United
States Code; or
(ii) another court of competent
jurisdiction.
(B) Service of process.--In an action brought under
paragraph (1), process may be served in any district in
which the defendant--
(i) is an inhabitant; or
(ii) may be found.
(7) Actions by other state officials.--
(A) In general.--In addition to civil actions
brought by attorneys general under paragraph (1), any
other officer of a State who is authorized by the State
to do so may bring a civil action under paragraph (1),
subject to the same requirements and limitations that
apply under this subsection to civil actions brought by
attorneys general.
(B) Savings provision.--Nothing in this subsection
may be construed to prohibit an authorized official of
a State from initiating or continuing any proceeding in
a court of the State for a violation of any civil or
criminal law of the State.
(e) Construction.--Nothing in this section shall be construed to
limit or diminish the authority of the Food and Drug Administration to
regulate the marketing of electronic cigarettes, including the
marketing of electronic cigarettes to children.
(f) Relation to State Law.--This section shall not be construed as
superseding, altering, or affecting any provision of law of a State,
except to the extent that such provision of law is inconsistent with
the provisions of this section, and then only to the extent of the
inconsistency. | Protecting Children from Electronic Cigarette Advertising Act of 2014 - Prohibits advertisement, promotion, or marketing in commerce of electronic cigarettes in a manner that is known, or should be known, to increase the use of electronic cigarettes by children under the age of 18. Defines "electronic cigarette" as a battery-operated product designed to: (1) deliver nicotine, flavor, or other chemicals; and (2) turn chemicals, such as nicotine, into an aerosol that is inhaled by the user. Sets forth authority for: (1) the Federal Trade Commission (FTC) to enforce violations as an unfair or deceptive act or practice, and (2) states to bring civil actions on behalf of residents threatened or adversely affected by such a violation. Establishes a civil penalty to be available in state actions that is calculated by multiplying the number of days that a person is not in compliance with such prohibition by an amount up to $16,000, adjusted annually for inflation. Allows the FTC to intervene and appeal in state actions. | Protecting Children from Electronic Cigarette Advertising Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Commission on the
Abolition of Modern-Day Slavery Act''.
SEC. 2. MODERN-DAY SLAVERY.
In this Act, the term ``modern-day slavery'' means the recruitment,
harboring, transportation, receipt, procurement, or control of persons
through the use of force, fraud, coercion, abduction, deception, abuse
of power, or of a position of vulnerability or of the giving or
receiving of payments or benefits to achieve the consent of a person
having control over another person, for the purpose of subjection to
debt bondage, serfdom, involuntary servitude, forced labor, chattel,
forced marriage, peonage, sexual exploitation, or trafficking.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) The Declaration of Independence recognizes the inherent
dignity and worth of all people and states that all people are
created equal and are endowed by their Creator with certain
unalienable rights, and the right to be free from slavery and
involuntary servitude is among those unalienable rights.
(2) Despite international laws outlawing modern-day
slavery, modern-day slavery affects virtually every country in
the world, and as many as 27,000,000 people are victims.
Modern-day slavery is one of the fastest growing areas of
international criminal activity and is an increasing concern to
the United States Administration, Congress, and the
international community; the Federal Bureau of Investigation
estimated that modern-day slavery generates over $9,000,000,000
every year.
(3) Traffickers use threats, intimidation manipulation,
coercion, fraud, shame, and violence to force victims into
modern-day slavery. Traffickers capitalize on areas of conflict
and post-conflict, transitioning states, sudden political
change, economic collapse, civil unrest, internal armed
conflict, chronic unemployment, widespread poverty, personal
disaster, lack of economic opportunity, and natural disasters.
(4) Modern-day slavery: contributes to the breakdown of
societies due to the loss of family support networks; has a
negative impact on the labor market in countries; brutalizes
men, women, and children and exposes them to rape, torture,
HIV/AIDS and other sexually transmitted diseases, violence,
dangerous working conditions, poor nutrition, drug and alcohol
addiction, severe psychological trauma from separation,
coercion, sexual abuse, and depression; and strips human beings
of dignity, respect, and hope for their future.
(5) The United States has given priority to combating human
trafficking through the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386) and the Trafficking
Victims Protection Reauthorization Act of 2005 (Public Law 109-
164).
(6) The State Department issued its sixth congressionally
mandated Trafficking in Persons Report (TIP) in June, 2006,
which categorizes countries into tiered groups according to the
efforts they are making to combat trafficking. The countries
that do not cooperate in the fight against trafficking (Tier 3
Countries) have been made subject to United States sanctions
since 2003, under the President's direction.
SEC. 4. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a congressional Commission
on the Abolition of Modern-Day Slavery (referred to in this Act as the
``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of 12
members, of whom--
(A) 3 shall be appointed by the Speaker of the
House of Representatives;
(B) 3 shall be appointed by the majority leader of
the Senate;
(C) 3 shall be appointed by the minority leader of
the House of Representatives; and
(D) 3 shall be appointed by the minority leader of
the Senate.
(2) Qualifications.--Members of the Commission shall be
appointed from among individuals with demonstrated expertise
and experience in combating modern-day slavery and trafficking
of persons.
(3) Date.--The appointments of the members of the
Commission shall be made not later than 30 days after the date
of enactment of this Act.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Cochairpersons.--The Speaker of the House of Representatives
shall designate 1 of the members appointed under subsection (b)(1)(A)
as a cochairperson of the Commission. The majority leader of the Senate
shall designate 1 of the members appointed under subsection (b)(1)(B)
as a cochairperson of the Commission.
(e) Initial Meeting.--Not later than 60 days after the date of
enactment of this Act, the Commission shall hold its first meeting.
(f) Meetings.--The Commission shall meet at the call of either
cochairperson.
(g) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
SEC. 5. DUTIES OF THE COMMISSION.
(a) Study.--
(1) In general.--The Commission shall--
(A) conduct a thorough and thoughtful study of all
matters relating to modern-day slavery, including
vulnerabilities of commonly affected populations, such
as populations in areas of conflict and post conflict,
transitioning states, states undergoing sudden
political change, economic collapse, civil unrest,
internal armed conflict, chronic unemployment,
widespread poverty, lack of opportunity, and national
disasters;
(B) study the roles of the rule of law, lack of
enforcement, and corruption within international law
enforcement institutions that allow the proliferation
of modern-day slavery;
(C) review all relevant governmental programs in
existence on the date of the beginning of the study,
including the United States Agency for International
Development, the Department of State, the Department of
Defense, the Department of Labor, the Department of
Health and Human Services, the Interagency Task Force
to Monitor and Combat Trafficking, and the Human
Smuggling and Trafficking Center; and
(D) convene additional experts from relevant
nongovernmental organizations as part of the
Commission's thorough review.
(2) Goals.--In making determinations under paragraph (1),
the Commission shall seek to promote goals of--
(A) providing a comprehensive and fully integrated
evaluation of best practices, to prevent modern-day
slavery;
(B) providing a comprehensive and fully integrated
evaluation of the best practices to rescue and
rehabilitate victims of modern-day slavery;
(C) providing a comprehensive and fully integrated
evaluation of the best practices for prosecution of
traffickers and increasing accountability within
countries;
(D) providing a comprehensive and fully integrated
evaluation of exportable models to prevent modern-day
slavery, rescue and rehabilitate victims of modern-day
slavery, prosecute offenders, and increase education
and accountability about modern-day slavery, which
could contribute governments, nongovernmental
organizations, and institutions;
(E) identifying countries which provide the
greatest opportunity for abolition of modern-day
slavery specific to United States involvement;
(F) connecting various organizations to facilitate
integration of information regarding identifying,
extracting, and rehabilitating victims;
(G) examining the economic impact on communities
and countries that demonstrate measured success in
fighting modern-day slavery;
(H) increasing education and awareness about
modern-day slavery throughout the United States to
decrease modern-day slavery within the United States
and abroad; and
(I) providing a comprehensive evaluation of best
practices to educate high-risk populations.
(b) Recommendations.--The Commission shall develop recommendations
on how to best combat modern-day slavery, including an economic,
social, and judicial evaluation.
(c) Report.--Not later than 11 months after the date of enactment
of this Act, the Commission shall submit a report to the Speaker and
minority leader of the House of Representatives and the majority leader
and minority leader of the Senate, which shall contain a detailed
statement of the legislation and administrative actions as it considers
appropriate.
SEC. 6. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers necessary to carry out this Act.
(b) Information From Governmental Agencies.--The Commission may
secure directly from any department or agency such information as the
Commission considers necessary to carry out this Act. Upon request of
either cochairperson of the Commission, the head of such department or
agency shall furnish such information to the Commission.
SEC. 7. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5313 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--
(1) In general.--The cochairpersons of the Commission,
acting jointly, may, without regard to the civil service laws
and regulations, appoint and terminate an executive director
and such other additional personnel as may be necessary to
enable the Commission to perform its duties. The employment of
an executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--The cochairpersons of the Commission,
acting jointly, may fix the compensation of the executive
director and other personnel without regard to chapter 51 and
subchapter III of chapter 53 of title 5, United Sates Code,
relating to classification of positions and General Schedule
pay rates, except that the rate of pay for the executive
director and other personnel may not exceed the rate payable
for level V of the Executive Schedule under section 5316 of
such title.
(d) Detail of Government Employees.--Federal Government employees
may be detailed to the Commission without reimbursement, and such
detail shall be without interruption or loss of civil service status or
privilege.
(e) Procurement of Temporary and Intermittent Services.--The
cochairpersons of the Commission, acting jointly, may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not exceed the daily
equivalent of the annual rate of basic pay prescribed for level V of
the Executive Schedule under section 5316 of such title.
SEC. 8. TERMINATION OF THE COMMISSION.
The Commission shall terminate 90 days after the date on which the
Commission submits its report under section 5.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Commission for fiscal year 2007 such sums as may be necessary to carry
out this Act.
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available, without fiscal year
limitation, until expensed. | Congressional Commission on the Abolition of Modern-day Slavery Act - Defines "modern-day slavery."
Establishes a congressional Commission on the Abolition of Modern-day Slavery which shall: (1) study matters relating to modern-day slavery, including vulnerabilities of commonly affected populations; (2) study the roles of the rule of law, lack of enforcement, and corruption within international law enforcement institutions that allow the proliferation of modern-day slavery; (3) review relevant governmental programs; and (4) convene additional experts from nongovernmental organizations as part of the Commission's review.
States that the Commission shall seek to promote goals of: (1) providing a comprehensive evaluation of best practices to prevent modern-day slavery, to rescue and rehabilitate its victims, and to prosecute traffickers and increase accountability within countries; (2) identifying countries which provide the greatest opportunity for abolition of modern-day slavery specific to U.S. involvement; (3) examining the economic impact on communities and countries that demonstrate measured success in fighting modern-day slavery; and (4) increasing education and awareness about modern-day slavery. | A bill to establish a congressional Commission on the Abolition of Modern-Day Slavery. |
SECTION 1. RESTORATION OF MISSING PERSONS AUTHORITIES APPLICABLE TO
DEPARTMENT OF DEFENSE AS IN EFFECT BEFORE ENACTMENT OF
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1997.
(a) Applicability to Department of Defense Civilian Employees and
Contractor Employees.--(1) Section 1501 of title 10, United States
Code, is amended--
(A) by striking out subsection (c) and inserting in lieu
thereof the following:
``(c) Covered Persons.--Section 1502 of this title applies in the
case of the following persons:
``(1) Any member of the armed forces on active duty who
becomes involuntarily absent as a result of a hostile action,
or under circumstances suggesting that the involuntary absence
is a result of a hostile action, and whose status is
undetermined or who is unaccounted for.
``(2) Any civilian employee of the Department of Defense,
and any employee of a contractor of the Department of Defense,
who serves with or accompanies the armed forces in the field
under orders who becomes involuntarily absent as a result of a
hostile action, or under circumstances suggesting that the
involuntary absence is a result of a hostile action, and whose
status is undetermined or who is unaccounted for.''; and
(B) by adding at the end the following new subsection:
``(f) Secretary Concerned.--In this chapter, the term `Secretary
concerned' includes, in the case of a civilian employee of the
Department of Defense or contractor of the Department of Defense, the
Secretary of the military department or head of the element of the
Department of Defense employing the employee or contracting with the
contractor, as the case may be.''.
(2) Section 1503(c) of such title is amended--
(A) in paragraph (1), by striking out ``one military
officer'' and inserting in lieu thereof ``one individual
described in paragraph (2)'';
(B) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(C) by inserting after paragraph (1) the following new
paragraph (2):
``(2) An individual referred to in paragraph (1) is the following:
``(A) A military officer, in the case of an inquiry with
respect to a member of the armed forces.
``(B) A civilian, in the case of an inquiry with respect to
a civilian employee of the Department of Defense or of a
contractor of the Department of Defense.''.
(3) Section 1504(d) of such title is amended--
(A) in paragraph (1), by striking out ``who are'' and all
that follows in that paragraph and inserting in lieu thereof
``as follows:
``(A) In the case of a board that will inquire into the
whereabouts and status of one or more members of the armed
forces (and no civilians described in subparagraph (B)), the
board shall be composed of officers having the grade of major
or lieutenant commander or above.
``(B) In the case of a board that will inquire into the
whereabouts and status of one or more civilian employees of the
Department of Defense or contractors of the Department of
Defense (and no members of the armed forces), the board shall
be composed of--
``(i) not less than three employees of the
Department of Defense whose rate of annual pay is equal
to or greater than the rate of annual pay payable for
grade GS-13 of the General Schedule under section 5332
of title 5; and
``(ii) such members of the armed forces as the
Secretary considers advisable.
``(C) In the case of a board that will inquire into the
whereabouts and status of both one or more members of the armed
forces and one or more civilians described in subparagraph
(B)--
``(i) the board shall include at least one officer
described in subparagraph (A) and at least one employee
of the Department of Defense described in subparagraph
(B)(i); and
``(ii) the ratio of such officers to such employees
on the board shall be roughly proportional to the ratio
of the number of members of the armed forces who are
subjects of the board's inquiry to the number of
civilians who are subjects of the board's inquiry.'';
and
(B) in paragraph (4), by striking out ``section
1503(c)(3)'' and inserting in lieu thereof ``section
1503(c)(4)''.
(4) Paragraph (1) of section 1513 of such title is amended to read
as follows:
``(1) The term `missing person' means--
``(A) a member of the armed forces on active duty
who is in a missing status; or
``(B) a civilian employee of the Department of
Defense or an employee of a contractor of the
Department of Defense who serves with or accompanies
the armed forces in the field under orders and who is
in a missing status.''.
(b) Report on Preliminary Assessment of Status.--(1) Section 1502
of such title is amended--
(A) in subsection (a)(2)--
(i) by striking out ``10 days'' and inserting in
lieu thereof ``48 hours''; and
(ii) by striking out ``Secretary concerned'' and
inserting in lieu thereof ``theater component commander
with jurisdiction over the missing person'';
(B) in subsection (a), as amended by subparagraph (A)--
(i) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(ii) by inserting ``(1)'' after ``Commander.--'';
and
(iii) by adding at the end the following new
paragraph:
``(2) However, if the commander determines that operational
conditions resulting from hostile action or combat constitute an
emergency that prevents timely reporting under paragraph (1)(B), the
initial report should be made as soon as possible, but in no case later
than ten days after the date on which the commander receives such
information under paragraph (1).'';
(C) by redesignating subsection (b) as subsection (c);
(D) by inserting after subsection (a), as amended by
subparagraphs (A) and (B), the following new subsection (b):
``(b) Transmission Through Theater Component Commander.--Upon
reviewing a report under subsection (a) recommending that a person be
placed in a missing status, the theater component commander shall
ensure that all necessary actions are being taken, and all appropriate
assets are being used, to resolve the status of the missing person. Not
later than 14 days after receiving the report, the theater component
commander shall forward the report to the Secretary of Defense or the
Secretary concerned in accordance with procedures prescribed under
section 1501(b) of this title. The theater component commander shall
include with such report a certification that all necessary actions are
being taken, and all appropriate assets are being used, to resolve the
status of the missing person.''; and
(E) in subsection (c), as redesignated by subparagraph (C),
by adding at the end the following new sentence: ``The theater
component commander through whom the report with respect to the
missing person is transmitted under subsection (b) shall ensure
that all pertinent information relating to the whereabouts and
status of the missing person that results from the preliminary
assessment or from actions taken to locate the person is
properly safeguarded to avoid loss, damage, or modification.''.
(2) Section 1503(a) of such title is amended by striking out
``section 1502(a)'' and inserting in lieu thereof ``section 1502(b)''.
(3) Section 1504 of such title is amended by striking out ``section
1502(a)(2)'' in subsections (a), (b), and (e)(1) and inserting in lieu
thereof ``section 1502(a)''.
(4) Section 1513 of such title is amended by adding at the end the
following new paragraph:
``(8) The term `theater component commander' means, with
respect to any of the combatant commands, an officer of any of
the armed forces who (A) is commander of all forces of that
armed force assigned to that combatant command, and (B) is
directly subordinate to the commander of the combatant
command.''.
(c) Frequency of Subsequent Reviews.--Subsection (b) of section
1505 of such title is amended to read as follows:
``(b) Frequency of Subsequent Reviews.--(1) In the case of a
missing person who was last known to be alive or who was last suspected
of being alive, the Secretary shall appoint a board to conduct an
inquiry with respect to a person under this subsection--
``(A) on or about three years after the date of the initial
report of the disappearance of the person under section 1502(a)
of this title; and
``(B) not later than every three years thereafter.
``(2) In addition to appointment of boards under paragraph (1), the
Secretary shall appoint a board to conduct an inquiry with respect to a
missing person under this subsection upon receipt of information that
could result in a change of status of the missing person. When the
Secretary appoints a board under this paragraph, the time for
subsequent appointments of a board under paragraph (1)(B) shall be
determined from the date of the receipt of such information.
``(3) The Secretary is not required to appoint a board under
paragraph (1) with respect to the disappearance of any person--
``(A) more than 30 years after the initial report of the
disappearance of the missing person required by section 1502(a)
of this title; or
``(B) if, before the end of such 30-year period, the
missing person is accounted for.''.
(d) Penalties for Wrongful Withholding of Information.--Section
1506 of such title is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Wrongful Withholding.--Except as provided in subsections (a)
through (d), any person who knowingly and willfully withholds from the
personnel file of a missing person any information relating to the
disappearance or whereabouts and status of a missing person shall be
fined as provided in title 18 or imprisoned not more than one year, or
both.''.
(e) Information To Accompany Recommendation of Status of Death.--
Section 1507(b) of such title is amended adding at the end the
following new paragraphs:
``(3) A description of the location of the body, if
recovered.
``(4) If the body has been recovered and is not
identifiable through visual means, a certification by a
practitioner of an appropriate forensic science that the body
recovered is that of the missing person.''.
(f) Scope of Preenactment Review.--(1) Section 1509 of such title
is amended--
(A) by redesignating subsection (c) as subsection (d); and
(B) by inserting after subsection (b) the following new
subsection (c):
``(c) Special Rule for Persons Classified as `KIA/BNR'.--In the
case of a person described in subsection (b) who was classified as
`killed in action/body not recovered', the case of that person may be
reviewed under this section only if the new information referred to in
subsection (a) is compelling.''.
(2)(A) The heading of such section is amended by inserting ``,
special interest'' after ``Preenactment''.
(B) The item relating to such section in the table of sections at
the beginning of chapter 76 of such title is amended by inserting ``,
special interest'' after ``Preenactment''.
(g) Effective Date.--The amendments made by this section shall take
effect immediately after the enactment of the National Defense
Authorization Act for Fiscal Year 1997.
Passed the House of Representatives September 27, 1996.
Attest:
ROBIN H. CARLE,
Clerk. | Restores Federal armed forces provisions relating to the status of missing persons as in effect before amendments made by the National Defense Authorization Act for Fiscal Year 1997. | To amend title 10, United States Code, to restore the provisions of chapter 76 of that title (relating to missing persons) as in effect before the amendments made by the National Defense Authorization Act for Fiscal Year 1997. |
SECTION 1. CONTINUED BENEFITS FOR CERTAIN SENATE RESTAURANTS EMPLOYEES.
(a) Definitions.--In this section:
(1) Contractor.--The term ``contractor'' means the private
business concern that enters into a food services contract with the
Architect of the Capitol.
(2) Covered individual.--The term ``covered individual'' means
any individual who--
(A) is a Senate Restaurants employee who is an employee of
the Architect of the Capitol on the date of enactment of this
Act, including--
(i) a permanent, full-time or part-time employee;
(ii) a temporary, full-time or part-time employee; and
(iii) an employee in a position described under the
second or third provisos under the subheading ``senate
office buildings'' under the heading ``Capitol Buildings
and Grounds'' under the heading ``ARCHITECT OF THE
CAPITOL'' in the Legislative Branch Appropriations Act,
1972 (2 U.S.C. 2048);
(B) becomes an employee of the contractor under a food
services contract on the transfer date; and
(C) with respect to benefits under subsection (c)(2) or
(3), files an election before the transfer date with the Office
of Human Resources of the Architect of the Capitol to have 1 or
more benefits continued in accordance with this section.
(3) Food services contract.--The term ``food services
contract'' means a contract under which food services operations of
the Senate Restaurants are transferred to, and performed by, a
private business concern.
(4) Transfer date.--The term ``transfer date'' means the date
on which a contractor begins the performance of food services
operations under a food services contract.
(b) Election of Coverage.--
(1) In general.--
(A) Retirement coverage.--Not later than the day before the
transfer date, an individual described under subsection
(a)(2)(A) and (B) may file an election with the Office of Human
Resources of the Architect of the Capitol to continue coverage
under the retirement system under which that individual is
covered on that day.
(B) Life and health insurance coverage.--If the individual
files an election under subparagraph (A) to continue retirement
coverage, the individual may also file an election with the
Office of Human Resources of the Architect of the Capitol to
continue coverage of any other benefit under subsection (c)(2)
or (3) for which that individual is covered on that day. Any
election under this subparagraph shall be filed not later than
the day before the transfer date.
(2) Notification to the office of personnel management.--The
Office of Human Resources of the Architect of the Capitol shall
provide timely notification to the Office of Personnel Management
of any election filed under paragraph (1).
(c) Continuity of Benefits.--
(1) Pay.--The rate of basic pay of a covered individual as an
employee of a contractor, or successor contractor, during a period
of continuous service may not be reduced to a rate less than the
rate of basic pay paid to that individual as an employee of the
Architect of the Capitol on the day before the transfer date,
except for cause.
(2) Retirement and life insurance benefits.--
(A) In general.--For purposes of chapters 83, 84, and 87 of
title 5, United States Code--
(i) any period of continuous service performed by a
covered individual as an employee of a contractor, or
successor contractor, shall be deemed to be a period of
service as an employee of the Architect of the Capitol; and
(ii) the rate of basic pay of the covered individual
during the period described under clause (i) shall be
deemed to be the rate of basic pay of that individual as an
employee of the Architect of the Capitol on the date on
which the Architect of the Capitol enters into the food
services contract.
(B) Treatment as civil service retirement offset
employees.--In the case of a covered individual who on the day
before the transfer date is subject to subchapter III of
chapter 83 of title 5, United States Code, but whose employment
with the Architect of the Capitol is not employment for
purposes of title II of the Social Security Act and chapter 21
of the Internal Revenue Code of 1986--
(i) the employment described under subparagraph (A)(i)
shall, for purposes of subchapter III of chapter 83 of
title 5, United States Code, be deemed to be--
(I) employment of an individual described under
section 8402(b)(2) of title 5, United States Code; and
(II) Federal service as defined under section
8349(c) of title 5, United States Code; and
(ii) the basic pay described under subparagraph (A)(ii)
for employment described under subparagraph (A)(i) shall be
deemed to be Federal wages as defined under section
8334(k)(2)(C)(i) of title 5, United States Code.
(3) Health insurance benefits.--For purposes of chapters 89,
89A, and 89B of title 5, United States Code, any period of
continuous service performed by a covered individual as an employee
of a contractor, or successor contractor, shall be deemed to be a
period of service as an employee of the Architect of the Capitol.
(4) Leave.--
(A) Credit of leave.--Subject to section 6304 of title 5,
United States Code, annual and sick leave balances of any
covered individual shall be credited to the leave accounts of
that individual as an employee of the contractor, or any
successor contractor. A food services contract may include
provisions similar to regulations prescribed under section 6308
of title 5, United States Code, to implement this subparagraph.
(B) Accrual rate.--During any period of continuous service
performed by a covered individual as an employee of a
contractor, or successor contractor, that individual shall
continue to accrue annual and sick leave at rates not less than
the rates applicable to that individual on the day before the
transfer date.
(C) Technical and conforming amendment.--The second and
third provisos under the subheading ``senate office buildings''
under the heading ``Capitol Buildings and Grounds'' under the
heading ``ARCHITECT OF THE CAPITOL'' in the Legislative Branch
Appropriations Act, 1972 (2 U.S.C. 2048) are repealed.
(5) Transit subsidy.--For purposes of any benefit under section
7905 of title 5, United States Code, any period of continuous
service performed by a covered individual as an employee of a
contractor, or successor contractor, shall be deemed to be a period
of service as an employee of the Architect of the Capitol.
(6) Employee pay; government contributions; transit subsidy
payments; and other benefits.--
(A) Payment by contractor.--A contractor, or any successor
to the contractor, shall pay--
(i) the pay of a covered individual as an employee of a
contractor, or successor contractor, during a period of
continuous service;
(ii) Government contributions for the benefits of a
covered individual under paragraph (2) or (3);
(iii) any transit subsidy for a covered individual
under paragraph (5); and
(iv) any payment for any other benefit for a covered
individual in accordance with a food services contract.
(B) Reimbursements and payments by architect of the
capitol.--From appropriations made available to the Architect
of the Capitol under the heading ``Senate Office Buildings''
under the heading ``ARCHITECT OF THE CAPITOL'', the Architect
of the Capitol shall--
(i) reimburse a contractor, or any successor
contractor, for that portion of any payment under
subparagraph (A) which the Architect of the Capitol agreed
to pay under a food services contract; and
(ii) pay a contractor, or any successor contractor, for
any administrative fee (or portion of an administrative
fee) which the Architect of the Capitol agreed to pay under
a food services contract.
(7) Regulations.--
(A) Office of personnel management.--
(i) In general.--After consultation with the Architect
of the Capitol, the Director of the Office of Personnel
Management shall prescribe regulations to provide for the
continuity of benefits under paragraphs (2) and (3).
(ii) Contents.--Regulations under this subparagraph
shall--
(I) include regulations relating to employee
deductions and employee and employer contributions and
deposits in the Civil Service Retirement and Disability
Fund, the Employees' Life Insurance Fund, and the
Employees Health Benefits Fund; and
(II) provide for the Architect of the Capitol to
perform employer administrative functions necessary to
ensure administration of continued coverage of benefits
under paragraphs (2) and (3), including receipt and
transmission of the deductions, contributions, and
deposits described under subclause (I), the collection
and transmission of such information as necessary, and
the performance of other administrative functions as
may be required.
(B) Thrift savings plan benefits.--After consultation with
the Architect of the Capitol, the Executive Director appointed
by the Federal Retirement Thrift Investment Board under section
8474(a) of title 5, United States Code, shall prescribe
regulations to provide for the continuity of benefits under
paragraph (2) of this subsection relating to subchapter III of
chapter 84 of that title. Regulations under this subparagraph
shall include regulations relating to employee deductions and
employee and employer contributions and deposits in the Thrift
Savings Fund.
(d) Covered Individuals Not Entitled to Severance Pay.--
(1) In general.--Except as provided under paragraph (2), a
covered individual shall not be entitled to severance pay under
section 5595 of title 5, United States Code, by reason of--
(A) separation from service with the Architect of the
Capitol and becoming an employee of a contractor under a food
services contract; or
(B) termination of employment with a contractor, or
successor to a contractor.
(2) Separation during 90-day period.--
(A) In general.--
(i) Covered individuals.--Except as provided under
clause (ii), a covered individual shall be entitled to
severance pay under section 5595 of title 5, United States
Code, if during the 90-day period following the transfer
date the employment of that individual with a contractor is
terminated as provided under a food services contract.
(ii) Exception.--Clause (i) shall not apply to a
covered individual who is terminated for cause.
(B) Treatment.--For purposes of section 5595 of title 5,
United States Code--
(i) any period of continuous service performed by a
covered individual described under subparagraph (A) as an
employee of a contractor shall be deemed to be a period of
service as an employee of the Architect of the Capitol; and
(ii) any termination of employment of a covered
individual described under subparagraph (A) with a
contractor shall be treated as a separation from service
with the Architect of the Capitol.
(e) Voluntary Separation Incentive Payments.--
(1) Submission of plan.--Not later than 30 days after the date
of enactment of this Act, the Architect of the Capitol shall submit
a plan under section 210 of the Legislative Branch Appropriations
Act, 2005 (2 U.S.C. 60q) to the applicable committees as provided
under that section.
(2) Plan.--
(A) In general.--Notwithstanding section 210(e) of the
Legislative Branch Appropriations Act, 2005 (2 U.S.C. 60q(e)),
the plan submitted under this subsection shall--
(i) offer a voluntary separation incentive payment to
any employee described under subsection (a)(2)(A) of this
section in accordance with section 210 of that Act; and
(ii) offer such a payment to any such employee who
becomes a covered individual, if that individual accepts
the offer during the 90-day period following the transfer
date.
(B) Treatment of covered individuals.--For purposes of the
plan under this subsection--
(i) any period of continuous service performed by a
covered individual as an employee of a contractor shall be
deemed to be a period of service as an employee of the
Architect of the Capitol; and
(ii) any termination of employment of a covered
individual with a contractor shall be treated as a
separation from service with the Architect of the Capitol.
(f) Early Retirement Treatment for Certain Separated Employees.--
(1) In general.--This subsection applies to--
(A) an employee of the Senate Restaurants of the Office of
the Architect of the Capitol who--
(i) voluntarily separates from service on or after the
date of enactment of this Act, but prior to the day before
the transfer date; and
(ii) on such date of separation--
(I) has completed 25 years of service as defined
under section 8331(12) or 8401(26) of title 5, United
States Code; or
(II) has completed 20 years of such service and is
at least 50 years of age; and
(B) except as provided under paragraph (2), a covered
individual--
(i) whose employment with a contractor is terminated as
provided under a food services contract during the 90-day
period following the transfer date; and
(ii) on the date of such termination--
(I) has completed 25 years of service as defined
under section 8331(12) or 8401(26) of title 5, United
States Code; or
(II) has completed 20 years of such service and is
at least 50 years of age.
(2) Exception.--Paragraph (1)(B) shall not apply to a covered
individual who is terminated for cause.
(3) Treatment.--
(A) Annuity.--Notwithstanding any provision of chapter 83
or 84 of title 5, United States Code, an employee described
under paragraph (1) is entitled to an annuity which shall be
computed consistent with the provisions of law applicable to
annuities under section 8336(d) or 8414(b) of title 5, United
States Code.
(B) Separation during 90-day period.--For purposes of
chapter 83 or 84 of title 5, United States Code--
(i) any period of continuous service performed by a
covered individual described under paragraphs (1)(B) and
(2) as an employee of a contractor shall be deemed to be a
period of service as an employee of the Architect of the
Capitol; and
(ii) any termination of employment of a covered
individual described under paragraphs (1)(B) and (2) with a
contractor shall be treated as a separation from service
with the Architect of the Capitol.
(g) Congressional Accountability Act of 1995.--
(1) Employees of the architect of the capitol.--Section 101(5)
of the Congressional Accountability Act of 1995 (2 U.S.C. 1301(5))
is amended by striking ``, the Botanic Garden, or the Senate
Restaurant'' and inserting ``or the Botanic Garden''.
(2) Disabilities.--Section 210(a)(7) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1331(a)(7)) is amended by
striking ``the Senate Restaurants and the Botanic Garden'' and
inserting ``the Botanic Garden''.
(3) Continuing application to certain acts and omissions.--For
purposes of the Congressional Accountability Act of 1995 (2 U.S.C.
1301 et seq.) a covered individual shall be treated as an employee
of the Architect of the Capitol with respect to any act or omission
which occurred before the transfer date.
(h) Deposit of Commissions.--
(1) Senate restaurants food services contract.--Any commissions
paid by a contractor under a food services contract shall be
deposited in the miscellaneous items account within the contingent
fund of the Senate.
(2) Use of funds.--Any funds deposited under paragraph (1)
shall be available for expenditure in the same manner as funds
appropriated into that account.
(i) Effective Date.--This Act shall take effect on the date of
enactment of this Act and apply to the remainder of the fiscal year in
which enacted and each fiscal year thereafter.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Authorizes specified Senate Restaurants employees who are employees of the Architect of the Capitol on the date of enactment of this Act and who become employees of a contractor under a food services contract to elect to continue coverage of federal benefits, including retirement benefits, life and health insurance, annual and sick leave balances and accrual rates, and transit subsidies, after operations of the Senate Restaurants are contracted to be performed by a private business concern.
Prohibits the basic pay of such an employee from being reduced below the rate paid to that employee on the day before operations are transferred.
Requires the Director of the Office of Personnel Management (OPM) to prescribe regulations to provide for the continuity of benefits.
Sets forth provisions concerning severance pay and voluntary separation incentive payments to, and early retirement by, such employees. | A bill to provide for certain Federal employee benefits to be continued for certain employees of the Senate Restaurants after operations of the Senate Restaurants are contracted to be performed by a private business concern, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid and SCHIP Beneficiary
Choice Improvement Act of 2009''.
SEC. 2. EASING ADMINISTRATIVE BARRIERS TO STATE COOPERATION WITH
EMPLOYER-SPONSORED INSURANCE COVERAGE.
(a) Requiring Some Coverage for Employer-Sponsored Insurance.--
(1) In general.--Section 2102(a) of the Social Security Act
(42 U.S.C. 1397b(a)) is amended--
(A) in paragraph (6), by striking ``and'' at the
end;
(B) in paragraph (7), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(8) effective for plan years beginning on or after
October 1, 2010, how the plan will provide for child health
assistance with respect to targeted low-income children who
have access to coverage under a group health plan.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply beginning on October 1, 2010.
(b) Federal Financial Participation for Employer-Sponsored
Insurance.--Section 2105 of such Act (42 U.S.C. 1397d) is amended--
(1) in subsection (a)(1)(C), by inserting before the
semicolon at the end the following: ``and, subject to paragraph
(3)(C) of subsection (c), in the form of payment of the
premiums for coverage under a group health plan that includes
coverage of targeted low-income children and benefits
supplemental to such coverage''; and
(2) by amending paragraph (3) of subsection (c) to read as
follows:
``(3) Purchase of employer-sponsored insurance.--
``(A) In general.--Payment may be made to a State
under subsection (a)(1)(C), subject to the provisions
of this paragraph, for the purchase of family coverage
under a group health plan that includes coverage of
targeted low-income children unless such coverage would
otherwise substitute for coverage that would be
provided to such children but for the purchase of
family coverage.
``(B) Waiver of certain provisions.--With respect
to coverage described in subparagraph (A)--
``(i) notwithstanding section 2102, no
minimum benefits requirement (other than those
otherwise applicable with respect to services
within the categories of basic services
described in section 2103(c)(1) and emergency
services) under this title shall apply; and
``(ii) no limitation on beneficiary cost-
sharing otherwise applicable under this title
or title XIX shall apply.
``(C) Required provision of supplemental
benefits.--If the coverage described in subparagraph
(A) does not provide coverage for the services in each
of the categories of basic services described in
section 2103(c)(1) and for emergency services, the
State child health plan shall provide coverage of such
services as supplemental benefits.
``(D) Limitation on ffp.--The amount of the payment
under subsection (a)(1)(C) for coverage described in
subparagraph (A) (and supplemental benefits under
subparagraph (C) for individuals so covered) during a
fiscal year may not exceed the product of--
``(i) the national per capita expenditure
under this title (taking into account both
Federal and State expenditures) for the
previous fiscal year (as determined by the
Secretary using the best available data);
``(ii) the enhanced FMAP for the State and
fiscal year involved; and
``(iii) the number of targeted low-income
children for whom such coverage is provided.
``(E) Voluntary enrollment.--A State child health
plan--
``(i) may not require a targeted low-income
child to enroll in family coverage described in
subparagraph (A) in order to obtain child
health assistance under this title;
``(ii) before providing such child health
assistance for such coverage of a child, shall
make available (which may be through an
Internet website or other means) to the parent
or guardian of the child information on the
coverage available under this title, including
benefits and cost-sharing; and
``(iii) shall provide at least one
opportunity per fiscal year for beneficiaries
to switch coverage under this title from
coverage described in subparagraph (A) to the
coverage that is otherwise made available under
this title.
``(F) Information on coverage options.--A State
child health plan shall--
``(i) describe how the State will notify
potential beneficiaries of coverage described
in subparagraph (A);
``(ii) provide such notification in writing
at least during the initial application for
enrollment under this title and during
redeterminations of eligibility if the
individual was enrolled before October 1, 2010;
and
``(iii) post a description of these
coverage options on any official Internet
website that may be established by the State in
connection with the plan.
``(G) Semiannual verification of coverage.--If
coverage described in subparagraph (A) is provided
under a group health plan with respect to a targeted
low-income child, the State child health plan shall
provide for the collection, at least once every six
months, of proof from the plan that the child is
enrolled in such coverage.
``(H) Rule of construction.--Nothing in this
section is to be construed to prohibit a State from--
``(i) offering wrap around benefits in
order for a group health plan to meet any
State-established minimum benefit requirements;
``(ii) establishing a cost-effectiveness
test to qualify for coverage under such a plan;
``(iii) establishing limits on beneficiary
cost-sharing under such a plan;
``(iv) paying all or part of a
beneficiary's cost-sharing requirements under
such a plan;
``(v) paying less than the full cost of the
employee's share of the premium under such a
plan, including prorating the cost of the
premium to pay for only what the State
determines is the portion of the premium that
covers targeted low-income children;
``(vi) using State funds to pay for
benefits above the Federal upper limit
established under subparagraph (D);
``(vii) allowing beneficiaries enrolled in
group health plans from changing plans to
another coverage option available under this
title at any time; or
``(viii) providing any guidance or
information it deems appropriate in order to
help beneficiaries make an informed decision
regarding the option to enroll in coverage
described in subparagraph (A).
``(I) Group health plan defined.--In this
paragraph, the term `group health plan' has the meaning
given such term in section 2791(a)(1) of the Public
Health Service Act (42 U.S.C. 300gg-91(a)(1)).''.
SEC. 3. IMPROVING BENEFICIARY CHOICE IN SCHIP.
(a) Requiring Offering of Alternative Coverage Options.--Section
2102 of the Social Security Act (42 U.S.C. 1397b), as amended by
section 1, is amended--
(1) in subsection (a)--
(A) in paragraph (7), by striking ``and'' at the
end;
(B) in paragraph (8), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(9) effective for plan years beginning on or after
October 1, 2010, how the plan will provide for child health
assistance with respect to targeted low-income children through
alternative coverage options in accordance with subsection
(d).''; and
(2) by adding at the end the following new subsection:
``(d) Alternative Coverage Options.--
``(1) In general.--Effective October 1, 2010, a State child
health plan shall provide for the offering of any qualified
alternative coverage that a qualified entity seeks to offer to
targeted low-income children through the plan in the State.
``(2) Application of uniform financial limitation for all
alternative coverage options.--With respect to all qualified
alternative coverage offered in a State, the State child health
plan shall establish a uniform dollar limitation on the per
capita monthly amount that will be paid by the State to the
qualified entity with respect to such coverage provided to a
targeted low-income child. Such limitation may not be less than
90 percent of the per capita monthly payment made for coverage
offered under the State child health plan that is not in the
form of an alternative coverage option. Nothing in this
paragraph shall be construed--
``(A) as requiring a State to provide for the full
payment of premiums for qualified alternative coverage;
``(B) as preventing a State from charging
additional premiums to cover the difference between the
cost of qualified alternative coverage and the amount
of such payment limitation;
``(C) as preventing a State from using its own
funds to provide a dollar limitation that exceeds the
Federal financial participation as limited under
section 2105(c)(8).
``(3) Qualified alternative coverage defined.--In this
section, the term `qualified alternative coverage' means health
insurance coverage that--
``(A) meets the coverage requirements of section
2103; and
``(B) is offered by a qualified insurer, and not
directly by the State.
``(4) Qualified insurer defined.--In this section, the term
`qualified insurer' means, with respect to a State, an entity
that is licensed to offer health insurance coverage in the
State.''.
(b) Federal Financial Participation for Qualified Alternative
Coverage.--Section 2105 of such Act (42 U.S.C. 1397d), as amended by
sections 301(a) and 601(a) of the Children's Health Insurance Program
Reauthorization Act of 2009 (Public Law 111-5), is amended--
(1) in subsection (a)(1)(C), by inserting before the
semicolon at the end the following: ``and, subject to
subsection (c)(12)(C), in the form of payment of the premiums
for coverage for qualified alternative coverage''; and
(2) by adding at the end of subsection (c) the following
new paragraph:
``(12) Purchase of qualified alternative coverage.--
``(A) In general.--Payment may be made to a State
under subsection (a)(1)(C), subject to the provisions
of this paragraph, for the purchase of qualified
alternative coverage.
``(B) Waiver of certain provisions.--With respect
to coverage described in subparagraph (A), no
limitation on beneficiary cost-sharing otherwise
applicable under this title or title XIX shall apply.
``(C) Limitation on ffp.--The amount of the payment
under paragraph (1)(C) for coverage described in
subparagraph (A) during a fiscal year in the aggregate
for all such coverage in the State may not exceed the
product of--
``(i) the national per capita expenditure
under this title (taking into account both
Federal and State expenditures) for the
previous fiscal year (as determined by the
Secretary using the best available data);
``(ii) the enhanced FMAP for the State and
fiscal year involved; and
``(iii) the number of targeted low-income
children for whom such coverage is provided.
``(D) Voluntary enrollment.--A State child health
plan--
``(i) may not require a targeted low-income
child to enroll in coverage described in
subparagraph (A) in order to obtain child
health assistance under this title;
``(ii) before providing such child health
assistance for such coverage of a child, shall
make available (which may be through an
Internet website or other means) to the parent
or guardian of the child information on the
coverage available under this title, including
benefits and cost-sharing; and
``(iii) shall provide at least one
opportunity per fiscal year for beneficiaries
to switch coverage under this title from
coverage described in subparagraph (A) to the
coverage that is otherwise made available under
this title.
``(E) Information on coverage options.--A State
child health plan shall--
``(i) describe how the State will notify
potential beneficiaries of coverage described
in subparagraph (A);
``(ii) provide such notification in writing
at least during the initial application for
enrollment under this title and during
redeterminations of eligibility if the
individual was enrolled before October 1, 2010;
and
``(iii) post a description of these
coverage options on any official website that
may be established by the State in connection
with the plan.
``(F) Rule of construction.--Nothing in this
section is to be construed to prohibit a State from--
``(i) establishing limits on beneficiary
cost-sharing under such alternative coverage;
``(ii) paying all or part of a
beneficiary's cost-sharing requirements under
such coverage;
``(iii) paying less than the full cost of a
child's share of the premium under such
coverage, insofar as the premium for such
coverage exceeds the limitation established by
the State under subparagraph (C);
``(iv) using State funds to pay for
benefits above the Federal upper limit
established under subparagraph (C); or
``(v) providing any guidance or information
it deems appropriate in order to help
beneficiaries make an informed decision
regarding the option to enroll in coverage
described in subparagraph (A).''.
SEC. 4. APPLICATION TO MEDICAID.
In accordance with rules established by the Secretary of Health and
Human Services, the requirements imposed under a State child health
plan under title XXI of the Social Security Act under the amendments
made by the preceding sections of this subtitle shall apply in the same
manner to a State plan under title XIX of such Act, except that--
(1) such requirements shall not apply to individuals whose
eligibility for medical assistance under such title is based on
being aged, blind, or disabled or to individuals with a
category of individuals described in section 1937(a)(2)(B) of
such Act;
(2) the national per capita expenditures shall be
determined based on a benchmark coverage described in section
1937(b)(1) of such Act but without regard to expenditures for
individuals described in paragraph (1) or for nursing facility
services and other long-term care services (as determined by
the Secretary).
SEC. 5. EXPANSION OF HEALTH OPPORTUNITY ACCOUNT PROGRAM.
(a) In General.--Section 613 of the Children's Health Insurance
Program Reauthorization Act of 2009 (Public Law 111-3) is repealed.
(b) Expansion.--Section 1938(a)(2) of the Social Security Act (42
U.S.C. 1396u-8(a)(2)) is amended--
(1) in subparagraph (A) by striking everything following
the first sentence; and
(2) by striking subparagraph (B). | Medicaid and SCHIP Beneficiary Choice Improvement Act of 2009 - Amends title XXI (State Children's Health Insurance Program) (SCHIP, also known as CHIP) of the Social Security Act to require an SCHIP plan to describe how it will provide for child health assistance with respect to targeted low-income children who have access to coverage under a group health plan.
Requires the Secretary of Health and Human Services (HHS) to pay to each state with an approved SCHIP plan a certain amount for the payment of premiums for coverage under an employer-sponsored group health plan that includes coverage of targeted low-income children and benefits supplemental to such coverage.
Revises requirements regarding the purchase of employer-sponsored insurance. Prohibits any minimum benefits requirement or any limitation on beneficiary cost-sharing.
Declares that, if the basic coverage of such insurance does not extend to each of certain categories of basic services, the plan shall cover such services as supplemental benefits.
Prohibits a plan from requiring a targeted low-income child to enroll in family coverage in order to obtain child health assistance. Requires an annual voluntary enrollment period for switching from one plan to another.
Requires the offering of alternative coverage options under SCHIP. Prescribes requirements for federal financial participation for qualified alternative coverage.
Declares that the requirements imposed under a state child health plan under this Act shall apply in the same manner to a state plan under title XIX (Medicaid), except that: (1) such requirements shall not apply to individuals whose Medicaid eligibility is based on being aged, blind, or disabled or to individuals in certain categories; and (2) the national per capita expenditures shall be determined based on a specified benchmark coverage but without regard to expenditures for such excluded individuals or for nursing facility services and other long-term care (LTC) services.
Amends the Children's Health Insurance Program Reauthorization Act of 2009 to repeal the prohibition against the Secretary's approval of any new health opportunity account demonstration programs.
Converts the Health Opportunity Account demonstration program into a permanent program. | To amend titles XIX and XXI of the Social Security Act to make certain changes to the State Children's Health Insurance Program and the Medicaid Program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Fairness in Reimbursement
Act of 2001''.
SEC. 2. IMPROVING FAIRNESS OF PAYMENTS TO PROVIDERS UNDER THE MEDICARE
FEE-FOR-SERVICE PROGRAM.
Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is
amended by adding at the end the following new section:
``improving fairness of payments under the original medicare fee-for-
service program
``Sec. 1897. (a) Establishment of System.--Notwithstanding any
other provision of law, the Secretary shall establish a system for
making adjustments to the amount of payment made to entities and
individuals for items and services provided under the original medicare
fee-for-service program under parts A and B.
``(b) System Requirements.--
``(1) Adjustments.--Under the system described in
subsection (a), the Secretary (beginning in 2002) shall make
the following adjustments:
``(A) Certain states above national average.--If a
State average per beneficiary amount for a year is
greater than 105 percent (or 110 percent in the case of
the determination made in 2001) of the national average
per beneficiary amount for such year, then the
Secretary shall reduce the amount of applicable
payments in such a manner as will result (as estimated
by the Secretary) in the State average per beneficiary
amount for the subsequent year being at 105 percent (or
110 percent in the case of payments made in 2002) of
the national average per beneficiary amount for such
subsequent year.
``(B) Certain states below national average.--If a
State average per beneficiary amount for a year is less
than 95 percent (or 90 percent in the case of the
determination made in 2001) of the national average per
beneficiary amount for such year, then the Secretary
shall increase the amount of applicable payments in
such a manner as will result (as estimated by the
Secretary) in the State average per beneficiary amount
for the subsequent year being at 95 percent (or 90
percent in the case of payments made in 2002) of the
national average per beneficiary amount for such
subsequent year.
``(2) Determination of averages.--
``(A) State average per beneficiary amount.--Each
year (beginning in 2001), the Secretary shall determine
a State average per beneficiary amount for each State
which shall be equal to the Secretary's estimate of the
average amount of expenditures under the original
medicare fee-for-service program under parts A and B
for the year for a beneficiary enrolled under such
parts that resides in the State
``(B) National average per beneficiary amount.--
Each year (beginning in 2001), the Secretary shall
determine the national average per beneficiary amount
which shall be equal to the average of the State
average per beneficiary amounts determined under
subparagraph (B) for the year.
``(3) Definitions.--In this section:
``(A) Applicable payments.--The term `applicable
payments' means payments made to entities and
individuals for items and services provided under the
original medicare fee-for-service program under parts A
and B to beneficiaries enrolled under such parts that
reside in the State.
``(B) State.--The term `State' has the meaning
given such term in section 210(h).
``(c) Beneficiaries Held Harmless.--The provisions of this section
shall not effect--
``(1) the entitlement to items and services of a
beneficiary under this title, including the scope of such items
and services; or
``(2) any liability of the beneficiary with respect to such
items and services.
``(d) Regulations.--
``(1) In general.--The Secretary, in consultation with the
Medicare Payment Advisory Commission, shall promulgate
regulations to carry out this section.
``(2) Protecting rural communities.--In promulgating the
regulations pursuant to paragraph (1), the Secretary shall give
special consideration to rural areas.
``(e) Budget Neutrality.--The Secretary shall ensure that the
provisions contained in this section do not cause the estimated amount
of expenditures under this title for a year to increase or decrease
from the estimated amount of expenditures under this title that would
have been made in such year if this section had not been enacted.''.
SEC. 3. IMPROVING FAIRNESS OF PAYMENTS FOR PHYSICIANS' SERVICES UNDER
THE MEDICARE FEE-FOR-SERVICE PROGRAM.
(a) Adjustment to Geographic Indices Under the Physician Fee
Schedule.--Section 1848(e)(1) of the Social Security Act (42 U.S.C.
1395w-4(e)(1)) is amended--
(1) in subparagraph (A), by striking ``(B) and (C)'' and
inserting (B), (C), and (D)'' in the matter preceding clause
(i);
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by adding after subparagraph (C) the following new
subparagraph:
``(D) Floor and ceiling on geographic indices.--If
any index established under clause (i), (ii), or (iii)
of subparagraph (A) or under subparagraph (B), after
application of the second sentence of subparagraph (C),
is--
``(i) less that 0.950, the Secretary shall
increase such index to 0.950; and
``(ii) greater that 1.05, the Secretary
shall reduce such index to 1.05.''.
(b) Budget Neutrality Adjustment for Application of Floor and
Ceiling on Geographic Adjustment.--Section 1848(d) of the Social
Security Act (42 U.S.C. 1395w-4(d)) is amended--
(1) in paragraph (1)(A), by striking ``The conversion'' and
inserting ``Subject to paragraph (5), the conversion''; and
(2) by adding at the end the following new paragraph:
``(5) Budget neutrality adjustment for application
of floor and ceiling on geographic adjustment.--Before
applying an update for a year under this subsection,
the Secretary shall (if necessary) provide for an
adjustment to the conversion factor for that year to
ensure that the aggregate payments under this part in
that year shall be equal to aggregate payments that
would have been made under such part in that year if
subsection (e)(1)(D) had not been enacted.''.
(c) Effective Date.--The amendments made by this section shall
apply to payments for items and services provided on and after January
1, 2002. | Medicare Fairness in Reimbursement Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act to instruct the Secretary of Health and Human Services to establish a system for making adjustments to payments for items and services provided under the original Medicare fee-for-service program, with specified formulae for States whose average per beneficiary amount is: (1) greater than 105 percent of the national average; or (2) less than 95 percent of the national average. Authorizes the Secretary to make specified related adjustments to geographic indices under the Medicare physician fee schedule in certain circumstances. | A bill to amend title XVIII of the Social Security Act to improve the provision of items and services provided to medicare beneficiaries residing in rural areas. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting U.S. Missile Defense
Information Act of 2013''.
SEC. 2. REPORT AND BRIEFINGS ON MISSILE DEFENSE DISCUSSIONS BETWEEN THE
UNITED STATES AND THE RUSSIAN FEDERATION.
(a) Report Required.--The President shall submit to the
congressional defense committees a semi-annual report on any
discussions on missile defense between the United States Government and
the Government of the Russian Federation during the preceding 6-month
period.
(b) Matters To Be Included.--The report required by subsection (a)
shall include the following with respect to any such discussions:
(1) The date or dates of the discussions.
(2) The official or officials of each government taking
part in the discussions.
(3) A summary of the discussions.
(4) A copy of any documents or other materials exchanged
during or as a result of the discussions.
(c) Initial Report.--The initial report required by subsection (a)
shall be submitted not later than 180 days after the date of the
enactment of this Act and in addition to addressing any such
discussions during the preceding 6-month period shall also address any
such discussions during the 10-year period ending on the date of the
enactment of this Act.
(d) Form.--The reports required by subsection (a) shall be
submitted in unclassified form, but may contain a classified annex, if
necessary.
(e) Congressional Briefings.--In conjunction with the submission of
the report required by subsection (a), the President shall brief the
congressional defense committees on the matters contained in the report
and any other matters relating to the report that the President
determines to be appropriate.
SEC. 3. REPORTS AND BRIEFINGS ON DECLASSIFICATION OF CERTAIN MISSILE
DEFENSE INFORMATION.
(a) Report Required.--The President shall submit to the
congressional defense committees a semi-annual report on meetings held
by the National Disclosure Policy Committee with respect to
declassifying documents containing information on the missile defense
systems of the United States.
(b) Matters To Be Included.--The report required by subsection (a)
shall include the following with respect to any such meetings:
(1) The date of the meeting.
(2) A description of the documents considered by the
National Disclosure Policy Committee during the meeting.
(3) The determination made by the Committee with respect to
declassifying such documents, including a summary of the
reasoning used to make such determination.
(c) Initial Report.--The initial report required by subsection (a)
shall be submitted not later than 180 days after the date of the
enactment of this Act and in addition to addressing any such meetings
during the preceding 6-month period shall also address any such
meetings during the 10-year period ending on the date of the enactment
of this Act.
(d) Form.--The reports required by subsection (a) shall be
submitted in unclassified form, but may contain a classified annex, if
necessary.
(e) Congressional Briefings.--In conjunction with the submission of
the report required by subsection (a), the President shall brief the
congressional defense committees on the matters contained in the report
and any other matters relating to the report that the President
determines to be appropriate.
SEC. 4. LIMITATION ON FUNDS TO PROVIDE THE RUSSIAN FEDERATION WITH
ACCESS TO CERTAIN MISSILE DEFENSE TECHNOLOGY.
None of the funds authorized to be appropriated or otherwise made
available for fiscal year 2014 or any fiscal year thereafter for the
Department of Defense may be used to provide the Russian Federation
with access to information regarding--
(1) missile defense technology of the United States
relating to hit-to-kill technology; or
(2) telemetry data with respect to missile defense
interceptors or target vehicles.
SEC. 5. LIMITATION ON FUNDS TO NEGOTIATE OR IMPLEMENT EXECUTIVE
AGREEMENTS RELATING TO UNITED STATES MISSILE DEFENSE
CAPABILITIES.
(a) Statement of Policy.--Congress declares that the United States
shall not be bound, politically or otherwise, by the terms of any
executive agreement relating to the missile defense capabilities of the
United States, including basing, locations, capabilities, and numbers
of missiles with respect to such missile defense capabilities.
(b) Limitation on Funds.--None of the funds authorized to be
appropriated or otherwise made available for fiscal year 2014 or any
fiscal year thereafter for the Department of Defense may be used--
(1) to negotiate or implement any executive agreement
relating to the missile defense capabilities of the United
States, including basing, locations, capabilities, and numbers
of missiles with respect to such missile defense capabilities;
or
(2) to implement rules of engagement or Guidance for
Employment of Force relating to such executive agreement.
(c) Rule of Construction.--Subsection (b) shall not apply with
respect to the use of funds to negotiate or implement any executive
agreement with a country with respect to which the United States has
entered into a treaty of alliance or has a security guarantee.
(d) Executive Agreement Defined.--In this section, the term
``executive agreement'' means an international agreement other than--
(1) an agreement that is in the form of a treaty under
article II, section 2, clause 2 of the Constitution of the
United States; or
(2) an agreement that requires implementing legislation to
be enacted into law for the agreement to enter into force with
respect to the United States.
SEC. 6. DISCLOSURE OF AND REPORT ON RUSSIAN FEDERATION SUPPORT OF
BALLISTIC MISSILE DEFENSE PROGRAMS OF CHINA, SYRIA, IRAN,
AND NORTH KOREA.
(a) Disclosure of Support.--The President shall seek to encourage
the Government of the Russian Federation to disclose any support by the
Russian Federation or Russian entities for the ballistic missile
programs of the People's Republic of China, Syria, Iran, or North
Korea.
(b) Report Required.--The President shall submit to the
congressional defense committees a semi-annual report on any disclosure
by the Government of the Russian Federation of any such support during
the preceding 6-month period.
(c) Initial Report.--The initial report required by subsection (b)
shall be submitted not later than 180 days after the date of the
enactment of this Act and in addition to addressing any such support
during the preceding 6-month period shall also address any such support
during the 10-year period ending on the date of the enactment of this
Act.
(d) Form.--The report required by subsection (b) shall be submitted
in unclassified form, but may contain a classified annex, if necessary.
SEC. 7. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
In this Act, the term ``congressional defense committees'' has the
meaning given that term in section 101(a)(16) of title 10, United
States Code. | Protecting U.S. Missile Defense Information Act of 2013 - Directs the President to report semiannually to the congressional defense and appropriations committees on: (1) any discussions on missile defense between the U.S. government and the Russian Federation during the preceding six months, and (2) meetings held by the National Disclosure Policy Committee with respect to declassifying documents containing information on U.S. missile defense systems. Requires briefings to such committees in connection with the latter reports. Prohibits Department of Defense (DOD) funds for FY2014 or thereafter from being used to provide the Russian Federation with access to: (1) U.S. missile defense hit-to-kill technology, or (2) telemetry data with respect to missile defense interceptors or target vehicles. Declares that the United States shall not be bound by the terms of any executive agreement relating to U.S. missile defense capabilities, including basing, locations, and numbers of missiles. Prohibits DOD funds for FY2014 or thereafter from being used to: (1) negotiate or implement any executive agreement relating to such capabilities, or (2) implement rules of engagement or guidance for employment of forces relating to such an agreement. Provides an exception with respect to any country with which the United States has entered into a treaty of alliance or a security guarantee. Directs the President to: (1) seek to encourage the Russian Federation to disclose any support provided for the ballistic missile programs of China, Syria, Iran, or North Korea; and (2) submit to the above committees a semiannual report on any such support. | Protecting U.S. Missile Defense Information Act of 2013 |
SECTION 1. TREATMENT OF EXPORT LEASES.
(a) Property Leased to Foreign Persons.--Section 168(g)(1) of the
Internal Revenue Code of 1986 is amended by redesignating subparagraphs
(B), (C), (D), and (E) as subparagraphs (C), (D), (E), and (F),
respectively, and by inserting after subparagraph (A) the following new
subparagraph:
``(B) any tangible property leased to a foreign
person or entity,''.
(b) Foreign Person or Entity.--Section 168(g) of such Code is
amended by redesignating paragraphs (5), (6), and (7) as paragraphs
(6), (7), and (8), respectively, and by inserting after paragraph (4)
the following new paragraph:
``(5) Tangible property leased to a foreign person or
entity.--
``(A) Tangible property.--For purposes of paragraph
(1)(B), the term `tangible property' means any tangible
property other than--
``(i) nonresidential real property as
defined under subsection (h)(1)(E) to the
extent it is not subject to a disqualified
lease determined under rules similar to the
rules of subsection (h)(1)(B),
``(ii) property used by a foreign person or
entity if more than 50 percent of the gross
income for the taxable year derived by the
foreign person or entity from the use of such
property is--
``(I) subject to tax under this
chapter, or
``(II) included under section 951
in the gross income of a United States
shareholder for the taxable year with
or within which ends the taxable year
of the controlled foreign corporation
in which such income was derived, and
``(iii) property determined under rules
similar to the rules of subsection (h)(3).
For purposes of clause (ii), any exclusion or exemption
shall not apply for purposes of determining the amount
of the gross income so derived, but shall apply for
purposes of determining the portion of such gross
income subject to tax under this chapter.
``(B) Foreign person or entity.--For purposes of
this paragraph and paragraph (1)(B)--
``(i) In general.--The term `foreign person
or entity' means--
``(I) any foreign government, any
international organization, or any
agency or instrumentality of any of the
foregoing, and
``(II) any person who is not a
United States person.
Such term does not include any foreign
partnership or other foreign pass-thru entity.
``(ii) Other pass-thru entities; tiered
entities.--In the case of property leased to or
owned by a partnership or other pass-thru
entity and in the case of tiered partnerships
and other entities, rules similar to the rules
of paragraphs (5) and (6) of subsection (h)
shall apply. For purposes of the preceding
sentence, unless it is otherwise established to
the satisfaction of the Secretary, it shall be
presumed that the partners of a foreign
partnership (and the beneficiaries of any other
foreign pass-thru entity) are persons who are
not United States persons.''
(c) Tax-Exempt Entity.--Section 168(h)(2)(A) of such Code is
amended by adding ``and'' at the end of clause (i), by striking ``,
and'' at the end of clause (ii) and inserting a period, and by striking
clause (iii).
(d) Conforming Amendments.--
(1) Section 168(g)(6)(A) of such Code is amended by
striking ``paragraph (1)(D)'' and inserting ``paragraph
(1)(E)''.
(2) Section 168(h)(2) of such Code is amended by striking
subparagraphs (B) and (C) and redesignating subparagraphs (D)
and (E) as subparagraphs (B) and (C), respectively.
(3) Section 168(h)(5) of such Code is amended by striking
subparagraph (C).
(4) Section 168(h)(7) of such Code is amended by inserting
``subsection (g) and '' before ``this subsection''.
(5) Section 168(j)(4)(B)(i) of such Code is amended by
striking ``subsection (g)(7)'' and inserting ``subsection
(g)(8)''.
(6) Section 50(b)(4)(A)(ii) of such Code is amended by
striking ``section 168(h)(2)(C)), but only with respect to
property to which section 168(h)(2)(A)(iii) applies (determined
after the application of section 168(h)(2)(B))'' and inserting
``section 168(g)(5)(B)), but only with respect to property to
which section 168(g)(5) applies''.
(e) Effective Date.--The amendments made by this section shall
apply to leases entered into after the date of the enactment of this
Act. | Amends Internal Revenue Code provisions concerning the accelerated cost recovery system to provide that the alternative depreciation system shall be used for tangible property leased to a foreign person or entity. | To amend the Internal Revenue Code of 1986 to enhance the competitiveness of the United States leasing industry. |
SECTION 1. GRANTS TO ADDRESS DOMESTIC VIOLENCE IN HEALTH CARE SETTINGS.
(a) In General.--The Family Violence Prevention and Services Act
(42 U.S.C. 10401 et seq.) is amended by adding at the end the
following:
``SEC. 319. GRANTS TO ADDRESS DOMESTIC VIOLENCE IN HEALTH CARE
SETTINGS.
``(a) General Purpose Grants.--The Secretary, acting through the
Office of Family Violence and Prevention Services of the Administration
for Children and Families, may award grants to eligible State and local
entities to strengthen the State and local health care system's
response to domestic violence by building the capacity of health care
professionals and staff to identify, address, and prevent domestic
violence.
``(b) State Grants.--
``(1) In general.--The Secretary may award grants under
subsection (a) to entities eligible under paragraph (2) for the
conduct of not to exceed 10 Statewide programs for the design
and implementation of Statewide strategies to enable health
care workers to improve the health care system's response to
treatment and prevention of domestic violence as provided for
in subsection (d).
``(2) Eligible entities.--To be eligible to receive a grant
under paragraph (1) an entity shall--
``(A) be a State health department, nonprofit State
domestic violence coalition, State professional medical
society, State health professional association, or
other nonprofit or State entity with a documented
history of effective work in the field of domestic
violence;
``(B) demonstrate to the Secretary that such entity
is representing a team of organizations and agencies
working collaboratively to strengthen the health care
system's response to domestic violence; and
``(C) prepare and submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary may
require.
``(3) Limitation.--The Secretary may not award a grant to a
State health department under paragraph (1) unless the State
health department can certify that State laws, policies, and
practices do not require the mandatory reporting of domestic
violence by health care professionals and staff when the victim
is an adult.
``(4) Term and amount.--A grant under this section shall be
for a term of 4 years and for an amount not to exceed
$2,000,000 for each such year.
``(c) Local Demonstration Grants.--
``(1) In general.--The Secretary may award grants under
subsection (a) to entities eligible under paragraph (2) for the
conduct of not to exceed 10 demonstration projects for the
design and implementation of a strategy to improve the response
of local health care professionals and staff to the treatment
and prevention of domestic violence.
``(2) Eligible entities.--To be eligible to receive a grant
under paragraph (1) an entity shall--
``(A) be a local health department, local nonprofit
domestic violence organization or service provider,
local professional medical society or health
professional association, or other nonprofit or local
government entity that has a documented history of
effective work in the field of domestic violence;
``(B) demonstrate to the Secretary that such entity
is representing a team of organizations working
collaboratively to strengthen the health care system's
response to domestic violence; and
``(C) prepare and submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary may
require.
``(3) Term and amount.--A grant under this section shall be
for a term of 3 years and for an amount not to exceed $450,000
for each such year.
``(d) Use of Funds.--Amounts provided under a grant under this
section shall be used to design and implement comprehensive Statewide
and local strategies to improve the health care setting's response to
domestic violence in hospitals, clinics, managed care settings,
emergency medical services, and other health care systems. Such a
strategy shall include--
``(1) the development, implementation, and dissemination of
policies and procedures to guide health care professionals and
staff responding to domestic violence;
``(2) the training of, and providing follow-up technical
assistance to, health care professionals and staff to screen
for domestic violence, and then to appropriately assess, record
in medical records, treat, and refer patients who are victims
of domestic violence to domestic violence services;
``(3) the implementation of practice guidelines for
widespread screening and recording mechanisms to identify and
document domestic violence, and the institutionalization of
such guidelines and mechanisms in quality improvement
measurements such as patient record reviews, staff interviews,
patient surveys, or other methods used to evaluate and enhance
staff compliance with protocols;
``(4) the development of an on-site program to address the
safety, medical, mental health, and economic needs of patients
who are victims of domestic violence achieved either by
increasing the capacity of existing health care professionals
and staff to address these issues or by contracting with or
hiring domestic violence advocates to provide the services;
``(5) the development of innovative and effective
comprehensive approaches to domestic violence identification,
treatment, and prevention models unique to managed care
settings, such as--
``(A) exploring ways to include compensated health
care professionals and staff for screening and other
services related to domestic violence;
``(B) developing built-in incentives such as
billing mechanisms and protocols to encourage health
care professionals and staff to implement screening and
other domestic violence programs; and
``(C) contracting with community agencies as
vendors to provide domestic violence victims access to
advocates and services in health care settings; and
``(6) the collection of data, implementation of patient and
staff surveys, or other methods of measuring the effectiveness
of their programs and for other activities identified as
necessary for evaluation by the evaluating agency.
``(e) Evaluation.--The Secretary may use not to exceed 5 percent of
the amount appropriated for a fiscal year under subsection (e) to
evaluate the economic and health benefits of the programs and
activities conducted by grantees under this section and the extent to
which the institutionalization of protocols, practice guidelines, and
recording mechanisms has been achieved.
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $24,500,000 for each of the fiscal years 2000
through 2002; and
``(B) $20,000,000 for fiscal year 2003.
``(2) Availability.--Amounts appropriated under paragraph
(1) shall remain available until expended.''.
(b) Technical Amendment.--Section 305(a) of the Family Violence
Prevention and Services Act (42 U.S.C. 10405(a)) is amended--
(A) by striking ``an employee'' and inserting ``one
or more employees''; and
(B) by striking ``individual'' and inserting
``individuals''. | Amends the Family Violence Prevention and Services Act to direct the Secretary of Health and Human Services to award grants to States and local health care entities to strengthen their response to domestic violence by building the capacity of health care professionals and staff to identify, address, and prevent domestic violence. Prescribes guidelines for State and local demonstration grants. Authorizes appropriations. | A bill to provide grants to strengthen State and local health care systems' response to domestic violence by building the capacity of health care professionals and staff to identify, address, and prevent domestic violence. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investment Tax Credit Act of 1993''.
SEC. 2. INVESTMENT TAX CREDIT.
(a) Allowance of Credit.--Section 46 of the Internal Revenue Code
of 1986 (relating to amount of investment credit) is amended by
striking ``and'' at the end of paragraph (2), by striking the period at
the end of paragraph (3) and inserting ``, and'', and by adding at the
end thereof the following new paragraph:
``(4) the general investment credit.''
(b) Amount of Credit.--Section 48 of such Code is amended by adding
at the end thereof the following new subsection:
``(c) General Investment Credit.--
``(1) In general.--For purposes of section 46, the general
investment credit for any taxable year is an amount equal to 10
percent of the qualified investment for such taxable year.
``(2) Qualified investment.--
``(A) In general.--For purposes of paragraph (1),
the qualified investment for any taxable year is the
aggregate of--
``(i) the applicable percentage of the
basis of each new qualified investment tax
credit property placed in service by the
taxpayer during such taxable year, plus
``(ii) the applicable percentage of the
cost of each used qualified investment tax
credit property placed in service by the
taxpayer during such taxable year.
``(B) Applicable percentage.--For purposes of
subparagraph (A), the applicable percentage for any
property shall be determined under paragraphs (2) and
(7) of section 46(c) (as in effect on the day before
the date of the enactment of the Revenue Reconciliation
Act of 1990).
``(C) Certain rules made applicable.--The
provisions of subsections (b) and (c) of section 48 (as
in effect on the day before the date of the enactment
of the Revenue Reconciliation Act of 1990) shall apply
for purposes of this paragraph.
``(3) Qualified investment tax credit property.--The term
`qualified investment tax credit property' means tangible
property (other than a building, its structural components, or
an air conditioning or heating unit), but only if such
property--
``(A) is used as an integral part of manufacturing,
production (including agriculture), or extraction or of
furnishing transportation, communications, electrical
energy, gas, water, waste disposal, or pollution
control services,
``(B) constitutes a research facility or research
equipment used in connection with any of the activities
referred to in subparagraph (A), or
``(C) constitutes a facility used in connection
with any of the activities referred to in subparagraph
(A) for the bulk storage of fungible commodities
(including commodities in a liquid or gaseous state).
Such term includes only property to which section 168 applies
without regard to any useful life and any other property with
respect to which depreciation (or amortization in lieu of
depreciation) is allowable and having a useful life (determined
as of the time such property is placed in service) of 3 years
or more.
``(4) Coordination with other credits.--This subsection
shall not apply to any property to which the energy credit or
rehabilitation credit would apply unless the taxpayer elects to
waive the application of such credits to such property.
``(5) Certain progress expenditure rules made applicable.--
Rules similar to rules of subsections (c)(4) and (d) of section
46 (as in effect on the day before the date of the enactment of
the Revenue Reconciliation Act of 1990) shall apply for
purposes of this subsection.''
(c) Credit Allowed Against Minimum Tax.--Section 38(c) of such Code
is amended by redesignating paragraph (2) as paragraph (3) and
inserting after paragraph (1) the following new paragraph:
``(2) New investment tax credit may offset 100 percent of
minimum tax.--
``(A) In general.--In the case of a C corporation,
the amount determined under paragraph (1)(A) shall be
reduced (but not below zero) by the lesser of--
``(i) the portion of the new investment tax
credit not used against the regular limitation,
or
``(ii) 100 percent of the taxpayer's
tentative minimum tax for the taxable year.
``(B) Portion of new investment tax credit not used
against regular limit.--For purposes of subparagraph
(A), the portion of the new investment tax credit for
any taxable year not used against the regular
limitation is the excess (if any) of--
``(i) the portion of the credit under
subsection (a) which is attributable to the
application of the general investment credit
under section 48(c), over
``(ii) the limitation of paragraph (1)
(determined without regard to this paragraph)
reduced by the portion of the credit under
subsection (a) which is not so attributable.
``(C) Limitation.--In no event shall this paragraph
permit the allowance of a credit which would result in
a net chapter 1 tax less than an amount equal to 10
percent of the amount determined under section
55(b)(1)(A) without regard to the alternative tax net
operating loss deduction. For purposes of the preceding
sentence, the term `net chapter 1 tax' means the sum of
the regular tax liability for the taxable year and the
tax imposed by section 55 for the taxable year, reduced
by the sum of the credits allowable under this part for
the taxable year (other than under section 34).''
(d) Technical Amendments.--
(1) Subparagraph (C) of section 49(a)(1) of such Code is
amended by striking ``and'' at the end of clause (ii), by
striking the period at the end of clause (iii) and inserting
``, and'', and by adding at the end thereof the following new
clause:
``(iv) the basis of any new qualified
investment tax credit property and the cost of
any used qualified investment tax credit
property.''
(2) Subparagraph (E) of section 50(a)(2) of such Code is
amended by inserting ``or 48(c)(5)'' before the period at the
end thereof.
(3) Paragraph (5) of section 50(a) of such Code is amended
by adding at the end thereof the following new subparagraph:
``(D) Special rules for certain property.--In the
case of any qualified investment tax credit property
which is 3-year property (within the meaning of section
168(e))--
``(i) the percentage set forth in clause
(ii) of the table contained in paragraph (1)(B)
shall be 66 percent,
``(ii) the percentage set forth in clause
(iii) of such table shall be 33 percent, and
``(iii) clauses (iv) and (v) of such table
shall not apply.''
(4)(A) The section heading for section 48 of such Code is
amended to read as follows:
``SEC. 48. OTHER CREDITS.''
(B) The table of sections for subpart E of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the item relating to section 48 and inserting the following:
``Sec. 48. Other credits.''
(e) Effective Date.--The amendments made by this section shall
apply to periods after December 31, 1992, under rules similar to the
rules of section 48(m) of the Internal Revenue Code of 1986 (as in
effect on the day before the date of the enactment of the Revenue
Reconciliation Act of 1990). | Investment Tax Credit Act of 1993 - Amends the Internal Revenue Code to reinstate the ten-percent investment tax credit for property used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, waste disposal, or pollution control services. Allows such tax to offset 100 percent of a C corporation's minimum tax. | Investment Tax Credit Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Growing Small Businesses Act''.
SEC. 2. CREDIT FOR QUALIFYING PRODUCTION FACILITIES.
(a) Income Tax Credit.--
(1) In general.--Section 46 of the Internal Revenue Code of
1986 is amended--
(A) by striking ``and'' at the end of paragraph
(5);
(B) by striking the period at the end of paragraph
(6) and inserting ``, and''; and
(C) by adding at the end the following new
paragraph:
``(7) the qualifying production facility credit.''.
(2) Amount of credit.--Subpart E of part IV of subchapter A
of chapter 1 of the Internal Revenue Code of 1986 is amended by
inserting after section 48D the following new section:
``SEC. 48E. CREDIT FOR QUALIFYING PRODUCTION FACILITIES.
``(a) In General.--For purposes of section 46, in the case of an
eligible employer, the qualifying production facility credit for any
taxable year is an amount equal to 25 percent of the basis of eligible
property placed in service during the taxable year.
``(b) Eligible Employer.--For purposes of this section--
``(1) In general.--The term `eligible employer' means any
employer--
``(A) which has no more than 50 full-time
equivalent employees (within the meaning of section
45R(d)(2)) for the taxable year, and
``(B) which has not (prior to placing in service
the production facility designated for purposes of this
section) placed in service a dedicated facility for the
production of goods for sale.
``(2) Safe harbor.--
``(A) In general.--An employer shall not be treated
as having previously placed in service a facility
described in paragraph (1)(B) if--
``(i) a credit under this section has not
previously been allowed to the employer, and
``(ii) the cost of applicable property
placed into service by the employer for each
taxable year during the 5-taxable-year period
ending immediately before the taxable year did
not exceed $7,500.
``(B) Applicable property.--For purposes of
subparagraph (A), the term `applicable property' means
personal property which would have qualified as
eligible property under subsection (c)(1)(B) if such
property were placed in service by an eligible employer
at a qualified production facility after enactment of
this Act for the production of a qualifying product.
``(3) Self-employed individual treated as employee.--For
purposes of paragraph (1)(A), the term employee includes an
individual described in section 401(c)(1).
``(c) Eligible Property.--For purposes of this section--
``(1) In general.--The term `eligible property' means--
``(A) any qualifying production facility--
``(i)(I) the construction, reconstruction,
or erection of which is completed by the
taxpayer, or
``(II) which is acquired by the taxpayer by
purchase (as defined in section 179(d)(2)), and
``(ii) for which a deduction is allowable
under section 167, and
``(B) any personal property--
``(i) which is placed in service within 12
months of the date on which a qualifying
production facility for which a credit is
allowed under subsection (a) is placed in
service,
``(ii) which is used exclusively at such
qualifying production facility primarily for
the production of a qualifying product, and
``(iii) for which a deduction is allowable
under section 167.
``(2) Special rule for leased facilities.--In the case of
any of a qualifying production facility which is leased by the
taxpayer, paragraph (1)(B) shall be applied by substituting
`the date on which the qualifying production facility was first
leased by the taxpayer' for `the date on which a qualifying
production facility for which a credit is allowed under
subsection (a) is placed in service' in clause (i).
``(d) Other Definitions.--For purposes of this section--
``(1) Qualifying production facility.--The term `qualifying
production facility' means any facility which--
``(A) is used to produce qualifying products, and
``(B) is designated by the taxpayer as a qualifying
production facility for purposes of this section at
such time and in such manner as the Secretary shall
prescribe.
``(2) Qualifying product.--The term `qualifying product'
means any of the following:
``(A) Tangible personal property.
``(B) Computer software (as defined in section
167(f)(1)(B)).
``(C) Property described in section 168(f)(3).
``(D) Property described in section 168(f)(4).
``(E) Food and beverages which are prepared by the
taxpayer but not primarily for consumption at property
owned by the taxpayer.
``(e) Special Rules.--For purposes of this section--
``(1) Controlled group.--All members of the same controlled
group of corporations (within the meaning of section 52(a)) and
all persons under common control (within the meaning of section
52(b)) shall be treated as 1 person for purposes of this
section.
``(2) Predecessor.--Any reference in this section to an
employer shall include a reference to any predecessor of such
employer.
``(3) Certain qualified progress expenditures rules made
applicable.--Rules similar to the rules of subsections (c)(4)
and (d) of section 46 (as in effect on the day before the
enactment of the Revenue Reconciliation Act of 1990) shall
apply for purposes of this section.
``(f) Election To Apply Credit Against Payroll Taxes.--
``(1) In general.--At the election of the eligible
employer, section 3111(f) shall apply to the payroll tax credit
portion of the credit otherwise determined under subsection (a)
for the taxable year and such portion shall not be treated
(other than for purposes of section 50(c)) as a credit
determined under subsection (a).
``(2) Payroll tax credit portion.--For purposes of this
subsection, the payroll tax credit portion of the credit
determined under subsection (a) with respect to any qualified
small business for any taxable year is the least of--
``(A) the amount specified in the election made
under this subsection,
``(B) the credit determined under subsection (a)
for the taxable year (determined before the application
of this subsection), or
``(C) in the case of an eligible employer other
than a partnership or S corporation, the amount of the
business credit carryforward under section 39 carried
from the taxable year (determined before the
application of this subsection to the taxable year).
``(3) Election.--
``(A) In general.--Any election under this
subsection for any taxable year--
``(i) shall specify the amount of the
credit to which such election applies,
``(ii) shall be made on or before the due
date (including extensions) of--
``(I) in the case of an eligible
employer which is a partnership, the
return required to be filed under
section 6031,
``(II) in the case of an eligible
employer which is an S corporation, the
return required to be filed under
section 6037, and
``(III) in the case of any other
eligible employer, the return of tax
for the taxable year, and
``(iii) may be revoked only with the
consent of the Secretary.
``(B) Limitations.--The amount specified in any
election made under this subsection shall not exceed
$250,000.
``(C) Special rule for partnerships and s
corporations.--In the case of an eligible employer
which is a partnership or S corporation, the election
made under this subsection shall be made at the entity
level.
``(4) Aggregation rules.--
``(A) In general.--Except as provided in
subparagraph (B), all persons or entities treated as a
single taxpayer under subsection (e)(1) shall be
treated as a single taxpayer for purposes of this
subsection.
``(B) Special rules.--For purposes of this
subsection and section 3111(g)--
``(i) each of the persons treated as a
single taxpayer under subparagraph (A) may
separately make the election under paragraph
(1) for any taxable year, and
``(ii) the $250,000 amount under paragraph
(3)(B)(i) shall be allocated among all persons
treated as a single taxpayer under subparagraph
(A) in the manner provided by the Secretary
which is similar to the manner provided under
section 41(f)(1).
``(5) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to carry out the purposes of
this subsection, including--
``(A) regulations to prevent the avoidance of the
purposes of the limitations and aggregation rules under
this subsection,
``(B) regulations to minimize compliance and
recordkeeping burdens under this subsection, and
``(C) regulations for recapturing the benefit of
credits determined under section 3111(g) in cases where
there is a recapture or a subsequent adjustment to the
payroll tax credit portion of the credit determined
under subsection (a), including requiring amended
income tax returns in the cases where there is such an
adjustment.''.
(3) Special rules relating to recapture.--
(A) Certain related party transaction.--Paragraph
(4) of section 50(a) of the Internal Revenue Code of
1986 is amended by adding at the end the following new
sentence: ``Subparagraph (B) shall not apply to
investment credit property described in section 48E in
any case in which the transaction is a transaction
between related persons.''.
(B) Loss of eligible employer status.--Paragraph
(5) of section 50(a) of such Code is amended by adding
at the end the following new paragraph:
``(D) Treatment of eligible employer status for
qualifying production facility credit.--Paragraphs (1)
and (2) shall not apply with respect to any credit
allowed under section 48E solely because the taxpayer
has ceased to be an eligible employer (as defined in
section 48E(b)) in any taxable year after the year in
which the credit is allowed.''.
(4) Conforming amendments.--
(A) Section 49(a)(1)(C) of the Internal Revenue
Code of 1986 is amended--
(i) by striking ``and'' at the end of
clause (v);
(ii) by striking the period at the end of
clause (vi) and inserting ``, and''; and
(iii) by adding after clause (vi) the
following new clause:
``(vii) the basis of any eligible property
under section 48E.''.
(B) The table of sections for subpart E of part IV
of subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by inserting after the item
relating to section 48D the following new item:
``Sec. 48E. Credit for qualifying production facilities.''.
(b) Payroll Tax Credit.--Section 3111 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new subsection:
``(g) Credit for Qualifying Production Facilities.--
``(1) In general.--In the case of a taxpayer who has made
an election under section 48E(f) for a taxable year, there
shall be allowed as a credit against the tax imposed by
subsection (a) for the first calendar quarter which begins
after the date on which the taxpayer files the return specified
in section 48E(f)(3)(A)(ii) an amount equal to the payroll tax
credit portion determined under section 48E(f)(2).
``(2) Limitation.--The credit allowed by paragraph (1)
shall not exceed the tax imposed by subsection (a) for any
calendar quarter on the wages paid with respect to the
employment of all individuals in the employ of the employer.
``(3) Carryover of unused credit.--If the amount of the
credit under paragraph (1) exceeds the limitation of paragraph
(2) for any calendar quarter, such excess shall be carried to
the succeeding calendar quarter and allowed as a credit under
paragraph (1) for such quarter.
``(4) Deduction allowed for credited amounts.--The credit
allowed under paragraph (1) shall not be taken into account for
purposes of determining the amount of any deduction allowed
under chapter 1 for taxes imposed under subsection (a).''.
(c) Effective Date.--The amendments made by this section shall
apply to periods after the date of the enactment of this Act, under
rules similar to the rules of section 48(m) of the Internal Revenue
Code of 1986 (as in effect on the day before the date of the enactment
of the Revenue Reconciliation Act of 1990). | Growing Small Businesses Act This bill amends the Internal Revenue Code to allow a tax credit for investments in a small business's first qualifying production facility. The credit is equal to 25% of the cost of property for an eligible employer's first qualifying production facility placed in service during the year. The credit applies to employers who: (1) have no more than 50 full-time equivalent employees, and (2) have not previously placed in service a dedicated facility for the production of goods for sale. A "qualifying production facility" must be used to produce any of the following products: tangible personal property, computer software, films and videotape, sound recordings, or food and beverages which are prepared by the taxpayer but not primarily for consumption at property owned by the taxpayer. Qualifying employers may elect to apply up to $250,000 of the credit against payroll taxes. | Growing Small Businesses Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North American Environmental, Labor,
and Agricultural Standards Act of 1993''.
SEC. 2. PRINCIPAL NEGOTIATING OBJECTIVES OF THE UNITED STATES.
In addition to the overall and principal trade negotiating
objectives of the United States set forth in section 1101 of the
Omnibus Trade and Competitiveness Act of 1988, the purposes, policies,
and objectives of title I of such Act of 1988 that are applicable with
respect to any free-trade area trade agreement negotiated under the
authority of such title I with Canada and Mexico (hereinafter referred
to as the ``NAFTA'') include the achievement of the following principal
negotiating objectives:
(1) Worker rights and standards and protection.--With a
view to establishing open, expanding mutually-beneficial trade
among Canada, Mexico, and the United States, to spreading the
benefits of such trade as widely as possible, to protecting
citizens interests, and to enhancing respect for human rights
throughout North America, the principal negotiating objectives
of the United States with respect to worker rights and
standards, and the protection thereof, in the conduct of
international trade, commerce, and finance are--
(A) to ensure freedom of association and to affirm
the vital role that free and independent unions play in
democratic governance;
(B) to ensure the rights of working people to
organize, to bargain collectively, and to strike, and
to ensure the right of workers' representatives to
legal protection in the free exercise of their duties
and fundamental human rights;
(C) to establish a minimum age for the employment
of children--
(i) at 14 years if the employment will not
result in the neglect of their education and
will not harm their health and well-being, and
(ii) at 18 years if the employment involves
the use of, or exposure to, hazardous equipment
or toxic chemical substances, but only if the
use or exposure will not pose long-term risks
to their health and safety;
(D) to ensure the right to health at the workplace
and to a healthy working environment, including freedom
from exposure to toxic substances;
(E) to guarantee the right of all workers to equal
protection, including freedom from discrimination in
wages or working conditions, regardless of their
nationality, race, religion, age, or sex; and
(F) to guarantee humane standards of wages and
hours of work that take into account different levels
of national economic development, but provide for
improvement concurrently with gains in productivity.
(2) Environmental quality and protection.--In recognition
of the shared responsibility of Canada, Mexico, and the United
States as stewards responsible for, and our common interest in,
preserving and sustaining the North American continent's
natural habitat and resources over time, the principal
negotiating objectives of the United States with respect to
environmental quality and protection are--
(A) the protection of environmental quality and of
the integrity of ecosystems, as well as the maintenance
of scarce biological and physical resources, in the
conduct of international trade, commerce, and finance;
(B) the establishment of a process for the full and
public disclosure of the kinds, quantities, and risks
associated with toxic chemical and hazardous substance
discharges into the air, water, and land;
(C) the prevention of the export of toxic and
hazardous substances and products, such as carcinogens
and unsafe drugs, that are banned in the country of
origin;
(D) the prevention of the export of products
(unless remediation or repatriation contracts already
exist) manufactured, extracted, harvested, or grown
under environmental conditions or workplace safety and
health conditions that undermine counterpart standards,
particularly those applicable to the counterpart
industry in the importing country or the counterpart
standards, in general, in the importing country; and
(E) to require that industries within their
national borders reduce the amount and toxicity of
hazardous substances that they use, minimize the amount
and toxicity of wastes they generate, and demonstrate
publicly their use of best available technology for
pollution abatement in their production processes.
(3) Unfair trade practices.--In acknowledging different,
evolving comparative advantages among trading nations, but with
a view to distinguishing between acceptable and unacceptable
means of competition among trading nations, the principal
negotiating objectives of the United States with respect to
unfair trade practices shall include the adoption, as a
principle, that the systematic denial or practical negation of
the protections accorded worker rights and standards and
environmental quality (within the context of paragraphs (1) and
(2)) as a means for any country or its industries to gain
competitive advantage in international trade, commerce, and
finance is an actionable unfair trade practice.
(4) Comprehensive dispute resolution.--The principal
negotiating objectives of the United States are to achieve a
process for the settlement of disputes that arise between or
among the signatories with respect to unfair trade practices,
including not only those involving commonly identified unfair
trade barriers, but unfair practices, within the context of the
negotiating objectives listed in paragraphs (1), (2), and (3)
involving the systematic denial or practical negation of worker
rights and standards and failure to apply or enforce standards
relating to environmental quality or protection, resulting in
distortions to international trade, commerce, and finance. Such
a process shall include--
(A) notification by each signatory nation to the
other signatories regarding changes in law or practice
that will materially affect the agreement;
(B) provision, on a sequential basis and subject to
reasonable time limits, for consultation between or
among signatories, for mediation, and, if necessary,
for binding arbitration;
(C) the establishment of a trinational commission,
with authority to investigate, adjudicate, and issue
binding judgments in a timely manner regarding the
issues in dispute pursuant to subparagraph (B)--
(i) that consists of equal numbers of
experts from the signatory nations (with United
States experts being subject to the advice and
consent of the United States Senate), and
(ii) the chairmanship of which will be
filled by individuals who--
(I) are citizens of the respective
signatories,
(II) serve on a rotational basis
among the signatories for 2-year terms,
but no individual may serve in such
office for more than one term, and
(III) are appointed to such office
by the respective chief executive
officers of the signatories (and any
chairperson appointed from the United
States is subject to the advice and
consent of the United States Senate);
and
(D) provision for the trinational commission, in
its proceedings and deliberations, to consult with a
wide array of representative organizations, in addition
to government agencies, with expertise in labor,
environmental, agricultural, and scientific matters in
each of the signatory nations;
(E) provision for the trinational commission to
enforce its judgments, as appropriate, by authorizing
an aggrieved signatory nation to--
(i) suspend, withdraw, or prevent the
application of, the benefits of trade agreement
concessions to carry out the NAFTA with the
offending signatory nation,
(ii) impose proportionate duties on
specific products, companies, or industries, or
other offsetting import restrictions on the
goods of, and offsetting fees or restrictions
on the services of, the offending signatory
nation for such time as the trinational
commission determines, or
(iii) enter into binding agreements with
the offending signatory nation that commit such
nation to--
(I) eliminate, or phase out, the
act, policy, or practice that
constitutes an unfair trade practice
and that is the subject of the action
to be taken under clause (i) or (ii),
(II) eliminate any burden or
restriction on North American trade, as
defined in the NAFTA, resulting from
such unfair trade practice,
(III) provide the aggrieved
signatory nation with compensatory
trade benefits that are satisfactory to
the trinational commission and meet the
requirements of subparagraph (F), or
(IV) enter into debt-for-science
exchanges, or similar arrangements, as
appropriate, that are satisfactory to
the trinational commission and that
serve, as potential funding sources for
remedies recommended under paragraph
(5), to ameliorate the issues in
dispute pursuant to subparagraph (B);
(F) provision that any binding agreement described
in subparagraph (E)(iii)(III) provide compensatory
trade benefits (including, but not limited to,
appropriate fees on trans-border movements of products,
services, or capital) that benefit the economic sector
which includes the domestic industry in the aggrieved
signatory nation that would benefit from the
elimination of the act, policy, or practice that
constitutes an unfair trade practice and that is the
subject of the action to be taken under subparagraph
(E), or benefit the economic sector within the
aggrieved signatory nation as closely related as
possible to such sector, unless--
(i) the provision of such trade benefits is
not feasible, or
(ii) trade benefits that benefit any other
economic sector within the aggrieved signatory
nation would be clearly and substantially more
satisfactory than such trade benefits;
(G) provision for the trinational commission, in
taking action against unfair trade practices, as
defined in the NAFTA, to avoid diminishing higher
protections accorded worker rights and standards and
environmental quality and protection and to give
preference to the prompt elimination of the act,
policy, or practice at issue over--
(i) the imposition of duties or other
offsetting import restrictions or compensatory
trade benefits, or
(ii) the entering into of debt relief
arrangements described in subparagraph
(E)(iii)(IV);
(H) provision for the government of any signatory
nation or any informed person within a signatory nation
to file a petition requesting the trinational
commission to take action under subparagraph (E)
against any unfair trade practice, including the
systematic denial or practical negation of worker
rights and standards and failure to apply or enforce
standards relating to environmental quality or
protection (referred to in paragraphs (1) and (2)), and
setting forth the allegations in support of the request
in public hearings and written testimony; and
(I) provision for the proceedings, record, and
decisions (along with the supporting rationale) of the
trinational commission to be made public information.
(5) Technical advice and recommendations.--
(A) Interagency committee.--The Director of the
Office of Science and Technology shall establish,
through the Federal Coordinating Council on Science,
Engineering, and Technology, an interagency committee
to provide technical assistance, advice, and
recommendations to United States experts on the
trinational commission. The interagency committee shall
include one representative from each of the following
agencies:
(i) The National Science Foundation.
(ii) The Environmental Protection Agency.
(iii) The Department of Labor.
(iv) The Department of the Interior.
(v) The Department of Agriculture.
(vi) The Department of Energy.
(vii) The National Institute of Standards
and Technology.
(viii) The Department of Justice.
(B) Specific functions.--In addition to the general
functions referred to in subparagraph (A), the
interagency committee shall evaluate the scientific and
technological aspects of certain disputes brought
before the trinational commission that pertain to
environmental quality and protection and to workplace
safety and health, and shall determine if violations
related to the disputes reflect--
(i) inadequate or insufficient application
of known technologies and techniques for
mitigation of the violations, or
(ii) need for additional research on, and
the development of, new technologies and
techniques for mitigation of the violations.
Consistent with paragraph (4)(G), and after
consultations with State and local government officials
and a wide array of representative organizations with
expertise in environmental, labor, agricultural and
scientific matters, the interagency committee will
recommend to the United States experts on the
trinational commission, when appropriate, specific
technological remedies to eliminate violations or
further research that is needed to develop scientific
and technological remedies. | North American Environmental, Labor, and Agricultural Standards Act of 1993 - Declares that any free-trade area trade agreement negotiated under the Omnibus Trade and Competitiveness Act of 1988 (OTCA) with Canada and Mexico (NAFTA) must include the achievement of certain environmental, labor, and agricultural standards as principal negotiating objectives in addition to any other OTCA mandates.
Sets forth worker rights and standards, including among others: (1) freedom of association and the right to organize free and independent unions, bargain collectively, and strike; (2) certain minimum ages for the employment of children in specified circumstances; (3) the right to a healthy working environment; (4) equal protection; and (5) humane standards of wages and hours of work.
Sets forth principal negotiating objectives for environmental quality and protection, including among others: (1) protection of the integrity of ecosystems; (2) a process for full public disclosure of kinds, quantities, and risks of toxic chemical and hazardous substance discharges; and (3) prevention of the export of toxic and hazardous substances and products, and of products manufactured, extracted, or grown under environmental or workplace safety and health conditions that undermine comparable standards in the importing country.
Requires adoption, in any such agreement, of the principle that systematic denial or practical negation of such labor and environmental standards constitutes an actionable unfair trade practice.
Requires any such agreement to establish a comprehensive dispute resolution process with specified provisions, including one for a trinational commission with authority to investigate, adjudicate, and issue timely binding judgments.
Requires the Director of the Office of Science and Technology to establish, through the Federal Coordinating Council on Science, Engineering, and Technology, an interagency committee to provide technical assistance to U.S. experts on the trinational dispute resolution commission. | North American Environmental, Labor, and Agricultural Standards Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farm and Ranch Land Protection
Flexibility Act of 2006''.
SEC. 2. FARMLAND PROTECTION PROGRAM.
(a) Definitions.--Section 1238H of the Food Security Act of 1985
(16 U.S.C. 3838h) is amended--
(1) in paragraph (1)(B)--
(A) in clause (iii), by striking ``or'';
(B) in clause (iv), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(v) meets certification requirements
described in paragraph (6)(B).'';
(2) by striking paragraph (2) and inserting the following:
``(2) Eligible land.--The term `eligible land' means land
on a farm or ranch that is--
``(A) cropland;
``(B) rangeland;
``(C) grassland;
``(D) pasture land; or
``(E) forest land that is an incidental part of an
agricultural operation, as determined by the Secretary,
including woodlots, wooded corners, and forested
riparian areas that may comprise up to 50 percent of
the offered acreage.'';
(3) by redesignating paragraph (4) as paragraph (5);
(4) by inserting after paragraph (3) the following:
``(4) Permanent conservation easement.--The term `permanent
conservation easement' means a conservation easement or other
interest in eligible land that--
``(A) is for the primary purpose of protecting the
agricultural production capacity of the eligible land;
and
``(B) is permanent or for the maximum duration
allowed under State law.''; and
(5) by adding at the end the following:
``(6) Qualified state or local entity.--The term `qualified
State or local entity' means a public or private entity that--
``(A) operates a farm and ranch land protection
program that--
``(i) has for at least 3 calendar or fiscal
years used or provided public or private funds
to purchase permanent conservation easements on
not less than 10 farms or ranches;
``(ii) has the necessary authority under
State law, as well as the technical and
financial capacity--
``(I) to monitor and enforce the
terms of the permanent conservation
easements so that the purpose of the
permanent conservation easements is
carried out for the maximum allowable
duration; or
``(II) in the case of a
governmental entity, to require other
public or private holders of the
permanent conservation easements
acquired with public funding to hold,
monitor, and enforce the permanent
conservation easements for the purpose
described in subclause (I); and
``(iii) has financial control policies to
ensure that, on average, the purchase price of
the permanent conservation easements does not
exceed the appraised fair market value of the
permanent conservation easements; and
``(B) is certified by the Secretary in accordance
with a process under which the entity shall
demonstrate--
``(i) strategic planning and articulated
objectives;
``(ii) long-term commitment and
organizational viability;
``(iii) a record of funds management and
accountability; and
``(iv) a history of successfully completing
projects.''.
(b) Farmland Protection.--Section 1238I of the Food Security Act of
1985 (16 U.S.C. 3838i) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively;
(2) by striking subsection (a) and inserting the following:
``(a) Program.--
``(1) In general.--The Secretary, acting through the
Natural Resources Conservation Service, shall carry out a farm
and ranch land protection program under which the Secretary
shall facilitate the purchase of conservation easements or
other interests in eligible land for the purpose of protecting
the agricultural production capacity of the land by limiting
incompatible nonagricultural uses of the land.
``(2) Priority.--In carrying out the program, the Secretary
shall give priority to protecting farm and ranch land--
``(A) with prime, unique, or other productive soils
that are at risk of non-agricultural development;
``(B) that shall stay in production agriculture;
``(C) in rural communities that face intense
conversion pressure, as defined by the Secretary;
``(D) in areas that have locally-led land-use
planning and zoning strategies; and
``(E) in watersheds that would benefit most from
the protection of farm and ranch resources, as
determined by the Secretary.
``(b) Grants.--
``(1) In general.--The Secretary shall use not less than 75
percent of the funds made available to carry out this
subchapter for each fiscal year to award grants, administered
by the Natural Resources Conservation Service State
Conservationists in consultation with the appropriate State
technical committees established under section 1261, to
qualified State or local entities for the purchase of permanent
conservation easements.
``(2) Distribution.--The Secretary shall distribute grants
described in paragraph (1) among States based on--
``(A) the demonstrated need for farm and ranch land
protection; and
``(B) the relative contribution of funds provided
by State or local entities for the protection of farm
and ranch land.
``(3) Use of grants.--A qualified State or local entity
that receives a grant under this subsection--
``(A) may use the grant funds to purchase 1 or more
permanent conservation easements, regardless of whether
the qualified State or local entity has a pending
purchase offer for any of the permanent conversation
easements at the time of receiving the grant; and
``(B) shall use the grant funds only for the
purchase of permanent conservation easements.
``(c) Grant Agreements.--
``(1) In general.--The Secretary, acting through the
Natural Resources Conservation Service, may enter into
agreements with qualified State or local entities, under which
a State or local entity may purchase permanent conservation
easements using a combination of the funds of the entity and
grant funds made available by the Secretary under subsection
(b).
``(2) Terms and conditions.--
``(A) In general.--Subject to subparagraph (B), an
agreement described in paragraph (1) shall stipulate
the terms and conditions under which qualified State or
local entities shall use grant funds distributed by the
Secretary under subsection (b).
``(B) Requirements.--Each agreement shall--
``(i) authorize the State or local entity
to determine the criteria and priorities of the
entity for purchasing permanent conservation
easements;
``(ii) authorize the State or local entity
to establish terms and conditions for permanent
conservation easements, if the attorney general
of the State in which the farm or ranch is
located certifies to the Secretary that State
law permits the State or local entity to
achieve and permit effective enforcement of the
conservation purposes of the permanent
conservation easements; and
``(iii) not require a Federal contingent
right of enforcement or reversionary interest
in the permanent conservation easement, if the
attorney general of the State in which the farm
or ranch is located certifies to the Secretary
that the State has a direct or contingent right
of enforcement or reversionary interest in the
permanent conservation easement.
``(C) Amount of matching funds.--
``(i) In general.--The Secretary shall
determine the percentage of matching funds (up
to 100 percent) that each qualified State or
local entity is required to provide as a
condition of receiving a grant under subsection
(b) based on the proposal submitted by the
qualified State or local entity.
``(ii) Requirements.--A proposal described
in clause (i) shall include a description of--
``(I) the amount of matching funds
of the qualified State or local entity
available for the purchase of permanent
conservation easements; and
``(II) the commitment of the
qualified State or local entity to
achieve the priorities of the
program.'';
(3) in subsection (d) (as redesignated by paragraph (1)) by
striking ``Any'' and inserting ``Notwithstanding subsection
(c)(2)(B)(ii), any'';
(4) in paragraph (1) of subsection (e) (as redesignated by
paragraph (1))--
(A) in subparagraph (A), by striking ``exceed'' and
all that follows through ``land.'' and inserting the
following: ``exceed the higher of--
``(i) 50 percent of the appraised fair
market value of the conservation easement or
other interest in eligible land; or
``(ii) if a qualified conservation
contribution (as defined by section 170(h) of
the Internal Revenue Code of 1986) of at least
25 percent of the market value is made by the
landowner in connection with the purchase of a
conservation easement or other interest in
land, two-thirds of the actual cost of
purchasing the conservation easement or other
interest in land.''; and
(B) in subparagraph (B)--
(i) by striking ``an eligible'' and
inserting ``a qualified State or local agency
or other eligible'';
(ii) by striking ``charitable donation''
and inserting ``qualified conservation
contribution''; and
(iii) by striking ``25'' and inserting
``50''; and
(5) by adding at the end the following:
``(f) Performance Measures.--The Secretary shall establish
performance measures for farm and ranch land protection, including
performance measurements for qualified State and local entities that
receive funding under this section.
``(g) Program Coordination.--The Secretary shall carry out the
program under this section and the grassland reserve program under
subchapter C with a minimum amount of program redundancy, considering
the unique role of each program.
``(h) Availability of Funds.--Grant funds and technical assistance
made available to a qualified State or local entity under this section
shall remain available for a period of time that the Secretary
considers to be reasonable (but not less than 18 months) to allow the
qualified State or local entity to finalize the purchase of permanent
conservation easements in accordance with the grant agreement.''. | Farm and Ranch Land Protection Flexibility Act of 2006 - Amends the Food Security Act of 1985 to revise the farmland protection program.
Includes as eligible program land woodlots, wooded corners, and forested riparian areas that comprise up to 50% of the offered acreage.
Defines: (1) "permanent conservation easement"; and (2) "qualified state or local entity."
Gives priority to farm and ranchland: (1) with prime, unique, or other productive soils at risk of nonagricultural development; (2) that will stay in production agriculture; (3) in rural communities that face intense conversion pressure; (4) in areas that have locally-led land-use planning and zoning strategies; and (5) in watersheds that would benefit most from the protection of farm and ranch resources.
Provides for: (1) grants to eligible state or local entities to purchase permanent conservation easements; and (2) grant agreements with eligible state or local entities to purchase conservation easements using a combination of their own funds and grant funds.
Sets forth matching grant and performance standard provisions. | A bill to amend the Food Security Act of 1985 to improve the protection of farm and ranch land. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Medical Review Act of
1999''.
SEC. 2. SPECIAL RULES FOR GROUP HEALTH PLANS.
Section 503 of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1133) is amended--
(1) by inserting ``(a) In General.--'' after ``Sec. 503.'';
(2) by inserting ``(other than a group health plan)'' after
``employee benefit plan''; and
(3) by adding at the end the following new subsections:
``(b) Special Rules for Group Health Plans.--
``(1) In general.--The claims procedures required by this
section shall include--
``(A) notification to a participant or beneficiary
of the participant or beneficiary's right to appeal an
adverse determination to a utilization review agent;
``(B) notification to a participant or beneficiary
of the participant or beneficiary's right to appeal an
adverse determination of a utilization review agent to
an independent review organization;
``(C) notification to a participant or beneficiary
of the procedures for appealing an adverse
determination to an independent review organization;
``(D) notification to a participant or beneficiary
who has a life-threatening condition of the participant
or beneficiary's right to immediate review by an
independent review organization and the procedures to
obtain such review; and
``(E) procedures for a fair, de novo determination
of medical necessity by the independent review
organization without regard to the definition used by
the plan.
``(c) Appeal of Adverse Determination.--In a case in which an
employee benefit plan denies a claim for benefits under the plan to a
participant or beneficiary, such participant or beneficiary may appeal
such adverse determination to a utilization review agent. The
procedures for appeals shall be reasonable and shall include the
following:
``(1) A provision indicating that a participant or
beneficiary, a person acting on behalf of the participant or
beneficiary, or the participant or beneficiary's physician or
health care provider may appeal the adverse determination
orally or in writing.
``(2) A provision that the utilization review agent shall
send to the appealing party, within 5 working days after
receipt of a written appeal, a letter acknowledging the date of
the utilization review agent's receipt of the appeal and
including a reasonable list of documents needed to be submitted
by the appealing party to the utilization review agent for the
appeal.
``(3) In a case in which a utilization review agent
receives an oral appeal of adverse determination, the
utilization review agent shall send a one page appeal form to
the appealing party.
``(4) A provision that appeal decisions shall be made by a
physician, provided that, if the appeal is denied and within 10
working days the health care provider sets forth in writing
good cause for having a particular type of a specialty provider
review the case, the denial shall be reviewed by a health care
provider in the same or similar specialty as typically manages
the medical, dental, or specialty condition, procedure, or
treatment under discussion for review of the adverse
determination, and such specialty review shall be completed
within 15 working days of receipt of the request.
``(5) A method for an expedited appeal procedure for
emergency care denials, denials of care for life threatening
conditions, and denials of continued stays for hospitalized
patients. Such procedure shall include a review by a health
care provider who has not previously reviewed the case who is
of the same or a similar specialty as typically manages the
medical condition, procedure, or treatment under review. The
time frame in which such appeal must be completed shall be
based on the medical or dental immediacy of the condition,
procedure, or treatment, but may in no event exceed one working
day from the date all information necessary to complete the
appeal is received.
``(6) A provision that after the utilization review agent
has sought review of the appeal of the adverse determination,
the utilization review agent shall issue a response letter to
the patient, person acting on behalf of the patient, or the
patient's physician or health care provider explaining the
resolution of the appeal. Such letter shall include a statement
of the specific medical, dental, or contractual reasons for the
resolution, the clinical basis for such decision, and the
specialization of any physician or other provider consulted.
``(7) Written notification to the appealing party of the
determination of the appeal, as soon as practical, but in no
case later than 30 days after the date of the utilization
review agent receives the appeal.
``(d) Independent Review of Adverse Determinations.--
``(1) In general.--In a case in which an appeal of an
adverse determination is denied by a utilization review agent,
a participant or beneficiary may seek review of such adverse
determination from an independent review organization.
``(2) Elements of independent review process.--
``(A) In general.--The independent review process
under this subsection shall be conducted by an
independent review organization and shall ensure--
``(i) a timely response by the independent
review organization;
``(ii) confidentiality of medical records
transmitted for use in the review process;
``(iii) the independence of each health
care provider or physician making review
determinations as part of an independent review
organization; and
``(iv) timely notice to the participant or
beneficiary of the results of the independent
review, including the clinical basis for the
determination.
``(B) Information provided to the independent
review organization.--Not later than 3 business days
after the date that an independent review organization
receives a request for a review of an adverse
determination of a utilization review agent, such
utilization review agent shall provide to the
appropriate independent review organization--
``(i) any medical records of the
participant or beneficiary that are relevant to
the review;
``(ii) any documents used by the
utilization review agent in making the
determination that is to be reviewed by the
organization;
``(iii) written notification to the
participant or beneficiary indicating the
clinical basis for the denial of the appeal;
``(iv) any documentation and written
information submitted to the utilization review
agent in support of the appeal; and
``(v) a list of each physician or health
care provider who has provided care to the
participant or beneficiary and who may have
medical records relevant to the appeal.
``(C) Timelines for determinations by independent
review organization.--
``(i) In general.--An independent review
organization shall make its determination not
later than the earlier of--
``(I) the 15th day after the date
the independent review organization
receives the information necessary to
make the determination; or
``(II) the 20th day after the date
the independent review organization
receives the request that the
determination be made.
``(ii) Life-threatening condition.--In the
case of a life-threatening condition, an
independent review organization shall make its
determination not later than the earlier of--
``(I) the 5th day after the date
the independent review organization
receives the information necessary to
make the determination; or
``(II) the 8th day after the date
the independent review organization
receives the request that the
determination be made.
``(3) Certification of independent review organizations.--
``(A) In general.--To be treated as an independent
review organization, an organization must be certified
by the Secretary.
``(B) Application for certification.--To be
certified by the Secretary as an independent review
organization, an organization shall submit on an annual
basis to the Secretary an application which shall
include the following information:
``(i) Any applicant that is a publicly held
organization shall include the name of each
stockholder or owner of more than 5 percent of
any stock or options.
``(ii) The name and type of business of
each corporation or other organization that the
applicant controls or is affiliated with and
the nature and extent of the affiliation or
control.
``(iii) The name of any holder of bonds or
notes of the applicant that exceed $100,000.
``(iv) The name and a biographical sketch
of each director, officer, and executive of the
applicant.
``(v) A description of any relationship the
individuals in clauses (iii) and (iv) have
with--
``(I) a provider of health
insurance coverage;
``(II) a health maintenance
organization;
``(III) a utilization review agent;
``(IV) a nonprofit health
corporation;
``(V) a payor;
``(VI) a health care provider; or
``(VII) a group representing any of
the entities described in subclauses
(I) through (VII).
``(vi) The percentage of the applicant's
revenues that are anticipated to be derived
from reviews conducted under this subsection.
``(vii) A description of the areas of
expertise of the health care professionals
making review determinations for the applicant.
``(viii) The procedures to be used by the
independent review organization in making
review determinations with respect to reviews
conducted under this section.
``(4) Independent review determination binding on plan.--
``(A) In general.--Subject to subparagraph (B), the
determination by an independent review organization
under this subsection shall be treated as the final
decision of the plan.
``(B) Vacation or modification of decision.--The
determination by an independent review entity under
this section may be vacated or modified by a court
under the same circumstances as the decision of an
arbitrator may be vacated or modified under sections 10
and 11 of title 9, United States Code.
``(5) Independence requirement.--An independent review
organization may not be a subsidiary of, or in any way owned or
controlled by a payor or a trade or professional association of
a payor.
``(6) Waiver of liability.--An independent review
organization conducting a review under this section is not
liable for damages arising from the determination made by the
organization.
``(e) Definitions.--For purposes of this section:
``(1) Adverse determination.--The term `adverse
determination' means determination by a group health plan or a
utilization review agent that the health care services
furnished or proposed to be furnished to a participant or
beneficiary are not medically necessary.
``(2) Health care provider.--The term `health care
provider' means--
``(A) any individual who is engaged in the delivery
of health care services in a State and who is required
by State law or regulation to be licensed or certified
by the State to engage in the delivery of such services
in the State; and
``(B) any entity that is engaged in the delivery of
health care services in a State and that, if it is
required by State law or regulation to be licensed or
certified by the State to engage in the delivery of
such services in the State, is so licensed.
``(3) Life-threatening condition.--The term `life-
threatening condition' means a disease or other medical
condition with respect to which death or serious bodily injury
is probable unless the course of the disease or condition is
interrupted.
``(4) Payor.--The term `payor' means--
``(A) an insurer writing health insurance policies;
``(B) any preferred provider organization, or
health maintenance organization, self-insurance plan;
or
``(C) any person or entity that provides, offers to
provide, or administers hospital, outpatient, medical,
or other health benefits to an individual treated by a
health care provider.
``(5) Utilization review agent.--The term `utilization
review agent' means an entity that conducts utilization review
for--
``(A) an employer with employees who are covered
under a group health plan;
``(B) a payor; or
``(C) an administrator.
``(6) Working day.--The term `working day' means a weekday,
excluding any legal holiday.''. | Requires group health plan claims procedures to include procedures for a fair, de novo determination of medical necessity by the independent review organization without regard to the definition used by the plan, as well as notifications to participants or beneficiaries of their rights to: (1) appeal adverse determinations to utilization review agents of the plan; (2) appeal adverse determinations of such utilization review agents to independent review organizations (with procedures for such appeal); and (3) obtain immediate review by an independent review organization in cases of life-threatening conditions (with procedures for obtaining such review).
Sets forth requirements for: (1) procedures for appeals of adverse decisions to the plan's utilization review agent; (2) the independent review process; and (3) certification of independent review organizations by the Secretary of Labor.
Treats the independent review organization's determination as the final decision of the plan, but allows a court to vacate or modify such determination under certain circumstances. | Independent Medical Review Act of 1999 |