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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Railroad Retirement Reform Act of
2000''.
SEC. 2. PROTECTION OF SOCIAL SECURITY FUNDS.
(a) In General.--Section 15A(d)(2) of the Railroad Retirement Act
of 1974 (45 U.S.C. 231n-1(d)(2)) is amended to read as follows:
``(2) No funds may be transferred from the Social Security
Equivalent Benefit Account to the Railroad Retirement Account or the
Railroad Retirement Trust Fund, and such funds may only be used for the
purposes described in subsection (c)(1).''.
(b) Conforming Amendment.--Section 15A(c)(1) of the Railroad
Retirement Act of 1974 (45 U.S.C. 231n-1(c)(1)) is amended by striking
``Except as otherwise provided in this section, amounts'' and inserting
``Amounts''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2000.
SEC. 3. TRANSITION TO FULL SOCIAL SECURITY COVERAGE OF RAILROAD
EMPLOYMENT.
(a) Railroad Workers in Social Security System.--
(1) In general.--Section 210(a)(9) of the Social Security
Act (42 U.S.C. 410(a)(9)) is amended by inserting ``before
January 1, 2002'' after ``performed''.
(2) Payment of fica taxes.--
(A) In general.--Section 3121(b)(9) of the Internal
Revenue Code of 1986 (defining employment) is amended
by inserting ``before January 1, 2002'' after
``performed''.
(B) No imposition of tier 1 taxes.--
(i) Section 3201(a) of such Code is amended
by adding at the end the following: ``This
subsection shall not apply to service performed
in calendar years after 2001.''.
(ii) Section 3211(a)(1) of such Code is
amended by adding at the end the following:
``This paragraph shall not apply to service
performed in calendar years after 2001.''.
(iii) Section 3221(a) of such Code is
amended by adding at the end the following:
``This subsection shall not apply to service
performed in calendar years after 2001.''.
(b) Railroad Retirees in Social Security System.--
(1) Receipt of social security benefits.--Notwithstanding
any other provision of law, with respect to any individual who
applies for a benefit under the Railroad Retirement Act of 1974
after December 31, 2002, based on such individual's railroad
employment or another individual's railroad employment, such
individual shall receive a corresponding benefit (or an
increased benefit) under the Social Security Act determined by
treating such employment as included in the term ``employment''
as defined in the Social Security Act.
(2) Corresponding reduction in railroad retirement
benefit.--With respect to any individual described in paragraph
(1), any benefit otherwise receivable under the Railroad
Retirement Act of 1974 shall be reduced by the benefit (or the
increase in the benefit) described in such paragraph.
(3) Effect on financial interchange.--In calculating any
financial interchange between the social security system and
the railroad retirement system, the Commissioner of Social
Security and the Railroad Retirement Board shall take into
account the provisions of, and the amendments made by, this
section.
(4) Optional payment of social security benefits by
railroad retirement board.--
(A) In general.--Subject to subparagraph (B), at
the election of Railroad Retirement Board, social
security benefits described in paragraph (1) for
railroad retirees may be paid by the Board on behalf of
the Social Security Administration.
(B) Requirements for annual elections.--The
Railroad Retirement Board may elect annually to
continue making benefit payments described in
subparagraph (A), if the Commissioner of Social
Security certifies that the Board is paying such
benefits on-time and is providing high quality customer
service to all new retirees.
(5) Technical and conforming changes.--The Commissioner of
Social Security, the Railroad Retirement Board, and the
Secretary of the Treasury, as soon as practicable but in any
event not later than 180 days after the date of enactment of
this Act, submit to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate a draft of any technical and conforming changes in the
Social Security Act, the Railroad Retirement Act of 1974, and
the Internal Revenue Code of 1986 which are necessary to
reflect throughout such Acts and Code the changes in the
substantive provisions of law made by this section.
SEC. 4. REPEAL OF GENERAL FUND SUBSIDY TO RAILROAD RETIREMENT ACCOUNT.
(a) Repeal.--Subsection (c)(1)(A) of section 224 of the Railroad
Retirement Solvency Act of 1983 is repealed.
(b) Effective Date.--The repeal made by subsection (a) shall take
effect on October 1, 2000.
SEC. 5. EMPLOYER, EMPLOYEE REPRESENTATIVE, AND EMPLOYEE TIER 2 TAX RATE
ADJUSTMENTS.
(a) Rate of Tax on Employers.--Subsection (b) of section 3221 of
the Internal Revenue Code of 1986 is amended to read as follows:
``(b) Tier 2 Tax.--
``(1) In general.--In addition to other taxes, there is
hereby imposed on every employer an excise tax, with respect to
having individuals in his employ, equal to the applicable
percentage of the compensation paid during any calendar year by
such employer for services rendered to such employer.
``(2) Applicable percentage.--For purposes of paragraph
(1), the term `applicable percentage' means the percentage
determined under section 3241 for such calendar year.''.
(b) Rate of Tax on Employee Representatives.--Paragraph (2) of
section 3211(a) of the Internal Revenue Code of 1986 is amended to read
as follows:
``(2) Tier 2 tax.--
``(A) In general.--In addition to other taxes,
there is hereby imposed on the income of each employee
representative a tax equal to the applicable percentage
of the compensation received during any calendar year
by such employee representatives for services rendered
by such employee representative.
``(B) Applicable percentage.--For purposes of
subparagraph (A), the term `applicable percentage'
means the percentage determined under section 3241 for
such calendar year.''.
(c) Rate of Tax on Employees.--Subsection (b) of section 3201 of
the Internal Revenue Code of 1986 is amended to read as follows:
``(b) Tier 2 Tax.--
``(1) In general.--In addition to other taxes, there is
hereby imposed on the income of each employee a tax equal to
the applicable percentage of the compensation received during
any calendar year by such employee for services rendered by
such employee.
``(2) Applicable percentage.--For purposes of paragraph
(1), the term `applicable percentage' means the percentage
determined under section 3241 for such calendar year.''.
(d) Determination of Rate.--Chapter 22 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new subchapter:
``Subchapter E--Tier 2 Tax Rate Determination
``Sec. 3241. Determination of tier 2 tax
rate based on average account
benefits ratio.
``SEC. 3241. DETERMINATION OF TIER 2 TAX RATE BASED ON AVERAGE ACCOUNT
BENEFITS RATIO.
``(a) In General.--For purposes of sections 3201(b), 3211(a)(2),
and 3221(b), the applicable percentage for any calendar year is the
percentage determined in accordance with the table in subsection (b).
``(b) Tax Rate Schedule.--
------------------------------------------------------------------------
Average account benefits ratio Applicable
----------------------------------- percentage for Applicable
sections 3211(b) percentage for
At least But less than and 3221(b) section 3201(b)
------------------------------------------------------------------------
1.0 31.1 4.9
1.0 1.5 28.1 4.9
1.5 2.0 25.1 4.9
2.0 2.5 22.1 4.9
2.5 3.0 18.1 4.9
3.0 3.5 15.1 4.9
3.5 4.0 14.1 4.9
4.0 6.1 13.1 4.9
6.1 6.5 12.6 4.4
6.5 7.0 12.1 3.9
7.0 7.5 11.6 3.4
7.5 8.0 11.1 2.9
8.0 8.5 10.1 1.9
8.5 9.0 9.1 0.9
9.0 8.2 0
------------------------------------------------------------------------
``(c) Definitions Related to Determination of Rates of Tax.--
``(1) Average account benefits ratio.--For purposes of this
section, the term `average account benefits ratio' means, with
respect to any calendar year, the average determined by the
Secretary of the account benefits ratios for the 10 most recent
fiscal years ending before such calendar year. If the amount
determined under the preceding sentence is not a multiple of
0.1, such amount shall be increased to the next highest
multiple of 0.1.
``(2) Account benefits ratio.--For purposes of this
section, the term `account benefits ratio' means, with respect
to any fiscal year, the amount determined by the Railroad
Retirement Board by dividing the fair market value of the
assets in the Railroad Retirement Account as of the close of
such fiscal year by the total benefits and administrative
expenses paid from the Railroad Retirement Account during such
fiscal year.
``(d) Notice.--No later than December 1 of each calendar year, the
Secretary shall publish a notice in the Federal Register of the rates
of tax determined under this section which are applicable for the
following calendar year.''.
(e) Conforming Amendment.--The table of subchapters for chapter 22
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new item:
``Subchapter E. Tier 2 tax rate
determination.''.
(f) Effective Date.--The amendments made by this section shall
apply to calendar years beginning after December 31, 2002.
SEC. 6. TRANSITION TO A PRIVATE RAILROAD PENSION FUND.
(a) Transmission of Proposal.--The labor and management members of
the Railroad Retirement Board shall transmit a plan by June 1, 2001, to
the Secretary of Labor for a multiemployer pension plan for individuals
who would otherwise be covered by the Railroad Retirement Act of 1974.
(b) Funding of Plan.--If the plan described in subsection (a) is
certified by the Secretary of Labor by October 1, 2001, as a bona fide
plan--
(1) the Secretary of the Treasury shall make an annual
payment (on or before December 31, beginning with 2001) from
the Railroad Retirement Account to the fund relating to such
plan in an amount specified by the Secretary of Labor (on or
before December 1, beginning with 2001) as being the minimum
amount necessary (taking into consideration any funding
deposited into such fund pursuant to subsection (e)) to
assure--
(A) full funding for all new entrants using
Employee Retirement Income Security Act funding
standards;
(B) full funding of all accruing pension
obligations for benefits elected to be included in the
plan under subsection (d)(1) (if any) using Employee
Retirement Income Security Act funding standards; and
(C) adequate funding to meet the on-going pension
payments for any Railroad Retirement Act pension
obligations that have been transferred to the plan
under subsection (d)(2) (if any); and
(2) notwithstanding any other provision of law, the new
entrants shall no longer be entitled to benefits under the
Railroad Retirement Act of 1974.
(c) Certification Requirements.--
(1) In general.--For purposes of subsection (b), to be
certified by the Secretary of Labor as a bona fide plan, the
plan must
(A) provide a defined benefit pension plan for all
new entrants; and
(B) meet fiduciary and other requirements of the
Employee Retirement Income Security Act of 1974 deemed
necessary and applicable by the Secretary of Labor.
(2) New entrant.--For purposes of this section, a new
entrant is a person hired after December 31, 2001, who would
otherwise be covered by the Railroad Retirement Act of 1974 and
who has never previously been covered by such Act.
(d) Optional Elements of Plan.--
(1) Additional benefits.--The plan submitted to the
Secretary of Labor may include provision of pension benefits
for persons other than new entrants (and auxiliary
beneficiaries of new entrants), if such benefits are fully
funded under the standards of the Employee Retirement Income
Security Act of 1974.
(2) Transfer of existing obligations.--The plan may also
include the transfer of existing Railroad Retirement Act
pension obligations (other than social security equivalent
benefit obligations). To transfer these pensions obligations,
the Railroad Retirement Board must certify to the Secretary of
Labor, for each individual beneficiary affected by such
transfer, that the beneficiary will get his or her pension
payment from the plan in lieu of a payment from the Railroad Retirement
Account.
(e) Agreed Plan Deposits.--Employers and employees covered by the
multiemployer pension plan certified under this section may directly
deposit pension fund contributions into the fund and such deposits
shall be taken into consideration by the Secretary of Labor for
purposes of the payment amount specified in subsection (b).
SEC. 7. REPEAL OF 4.3-CENT MOTOR FUEL EXCISE TAXES ON RAILROADS AND
INLAND WATERWAY TRANSPORTATION WHICH REMAIN IN GENERAL
FUND.
(a) Taxes on Trains.--
(1) In general.--Subparagraph (A) of section 4041(a)(1) of
the Internal Revenue Code of 1986 is amended by striking ``or a
diesel-powered train'' each place it appears and by striking
``or train''.
(2) Conforming amendments.--
(A) Subparagraph (C) of section 4041(a)(1) of such
Code is amended by striking clause (ii) and by
redesignating clause (iii) as clause (ii).
(B) Subparagraph (C) of section 4041(b)(1) of such
Code is amended by striking all that follows ``section
6421(e)(2)'' and inserting a period.
(C) Subsection (d) of section 4041 of such Code is
amended by redesignating paragraph (3) as paragraph (4)
and by inserting after paragraph (2) the following new
paragraph:
``(3) Diesel fuel used in trains.--There is hereby imposed
a tax of 0.1 cent per gallon on any liquid other than gasoline
(as defined in section 4083)--
``(A) sold by any person to an owner, lessee, or
other operator of a diesel-powered train for use as a
fuel in such train, or
``(B) used by any person as a fuel in a diesel-
powered train unless there was a taxable sale of such
fuel under subparagraph (A).
No tax shall be imposed by this paragraph on the sale or use of
any liquid if tax was imposed on such liquid under section
4081.''
(D) Subsection (f) of section 4082 of such Code is
amended by striking ``section 4041(a)(1)'' and
inserting ``subsections (d)(3) and (a)(1) of section
4041, respectively''.
(E) Paragraph (3) of section 4083(a) of such Code
is amended by striking ``or a diesel-powered train''.
(F) Paragraph (3) of section 6421(f) of such Code
is amended to read as follows:
``(3) Gasoline used in trains.--In the case of gasoline
used as a fuel in a train, this section shall not apply with
respect to the Leaking Underground Storage Tank Trust Fund
financing rate under section 4081.''
(G) Paragraph (3) of section 6427(l) of such Code
is amended to read as follows:
``(3) Refund of certain taxes on fuel used in diesel-
powered trains.--For purposes of this subsection, the term
`nontaxable use' includes fuel used in a diesel-powered train.
The preceding sentence shall not apply to the tax imposed by
section 4041(d) and the Leaking Underground Storage Tank Trust
Fund financing rate under section 4081 except with respect to
fuel sold for exclusive use by a State or any political
subdivision thereof.''
(b) Fuel Used on Inland Waterways.--
(1) In general.--Paragraph (1) of section 4042(b) of such
Code is amended by adding ``and'' at the end of subparagraph
(A), by striking ``, and'' at the end of subparagraph (B) and
inserting a period, and by striking subparagraph (C).
(2) Conforming amendment.--Paragraph (2) of section 4042(b)
of such Code is amended by striking subparagraph (C).
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2000. | Directs the labor and management members of the Railroad Retirement Board to transmit a plan to the Secretary of Labor for a (private) multiemployer pension plan for individuals who would otherwise be covered by the Railroad Retirement Act of 1974.
Amends IRC to: (1) repeal the 4.3-cent special motor fuel excise tax on railroads and inland waterway transportation; and (2) subject diesel fuel used in trains to the additional tax for the Leaking Underground Storage Tank Trust Fund. | Railroad Retirement Reform Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Putting Parents First Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the family plays a unique role in our culture, it is
the institution by which we inculcate and pass down many of our
most cherished values;
(2) the custody, care, and nurture of the child reside
first in the parents, whose primary function and freedom
include preparation for obligations the State can neither
supply nor hinder;
(3) parents have the right and duty to be involved in
helping their minor children make important life decisions;
(4) whether or not to beget a child is the most fundamental
decision in our culture;
(5) parental involvement in this crucial decision is
necessary to ensure that the sanctity of human life is given
appropriate consideration;
(6) parental inclusion will result in the protection of
human life; and
(7) Congress is granted authority in section 5 of the 14th
Amendment to the Constitution of the United States to enact
laws that protect the right to life.
TITLE I--PARENTAL INVOLVEMENT IN THE ABORTION DECISION
SEC. 101. PARENTAL CONSENT OR JUDICIAL BYPASS REQUIRED.
(a) In General.--No individual shall knowingly perform an abortion
upon or prescribe an abortifacient to a pregnant woman under the age of
18 years unless--
(1) the attending physician has secured the informed
written consent of the minor and a parent or guardian of the
minor; or
(2) the attending physician has secured the informed
written consent of the minor and a court order waiving the need
for the consent of a parent or guardian pursuant to the
judicial bypass procedure described in section 102.
(b) Penalty.--Any person who violates subsection (a) shall be fined
not more than $25,000, or imprisoned for not more than 1 year, or both.
SEC. 102. JUDICIAL BYPASS.
(a) In General.--A court of competent jurisdiction shall issue an
order waiving the requirement for the informed written consent of a
parent or guardian under section 101 if the court finds by clear and
convincing evidence on an individual basis that--
(1) the process of obtaining the informed written consent
of such parent or guardian is not in the best interests of the
minor petitioner; or
(2) the minor petitioner is an emancipated minor.
(b) Procedures.--
(1) Confidential proceedings.--A proceeding under this
section shall be done under seal, be confidential, and ensure
the anonymity of the minor petitioner.
(2) Filing.--A minor or a minor's legal representative may
file a petition under this section using the initials of the
minor.
(3) Preference.--Proceedings under this section shall--
(A) be given preference over other proceedings;
(B) be expedited to the extent possible; and
(C) be concluded not later than 72 hours after the
filing of the petition unless an extension is sought by
the minor petitioner.
(4) Findings.--A court that conducts proceedings under this
section shall make written findings of fact and conclusions of
law supporting its decision and shall maintain a confidential
record of the proceedings to facilitate appellate review.
(5) Review.--A decision under this section denying a
request to waive the requirement for the informed consent of a
parent or guardian under section 101 shall be eligible for
expedited appellate review.
(c) Definitions.--In this section:
(1) Court of competent jurisdiction.--The term ``court of
competent jurisdiction'' means any State court eligible to hear
juvenile or family law matters, except that States may
designate specific State courts to consider petitions for
judicial bypass under this section.
(2) Expedited appellate review.--The term ``expedited
appellate review'' means review by whatever court juvenile or
family law matters are generally appealed to, except that
States may designate specific appellate courts to consider
appeals under this section.
SEC. 103. APPLICATION OF STATE LAWS.
The provisions of this title shall not be construed to preempt
provisions of State law that provide greater protections to parents of
minors seeking abortions than the protections provided by this title.
TITLE II--PARENTAL INVOLVEMENT IN DECISIONS CONCERNING CONTRACEPTIVES
AND ABORTION REFERRALS
SEC. 201. REQUIREMENT OF PRIOR PARENTAL CONSENT.
(a) In General.--All federally funded programs that provide for the
distribution of contraceptive drugs or devices to minors, or that
provide abortion referrals to minors, are, except as provided in
subsection (b), required to obtain informed written consent of a
custodial parent or custodial legal guardian of a minor prior to the
provision of contraceptive drugs or devices or abortion referral
information to the minor.
(b) Exception.--The requirement of prior written consent under
subsection (a) shall not apply where the minor provides a court order
waiving the need for consent of a parent or guardian pursuant to the
procedure described in subsection (c).
(c) Judicial Bypass.--
(1) In general.--A court of competent jurisdiction shall
issue an order waiving the requirement for the informed written
consent of a parent or guardian under subsection (a) if the
court finds by clear and convincing evidence on an individual
basis that--
(A) the process of obtaining the informed written
consent of such parent or guardian is not in the best
interests of the minor petitioner; or
(B) the minor petitioner is an emancipated minor.
(2) Procedures.--
(A) Confidential proceedings.--A proceeding under
this subsection shall be done under seal, be
confidential, and ensure the anonymity of the minor
petitioner.
(B) Filing.--A minor or a minor's legal
representative may file a petition under this
subsection using the initials of the minor.
(C) Preference.--Proceedings under this subsection
shall--
(i) be given preference over other
proceedings;
(ii) be expedited to the extent possible;
and
(iii) be concluded not later than 72 hours
after the filing of the petition unless an
extension is sought by the minor petitioner.
(D) Findings.--A court that conducts proceedings
under this subsection shall make written findings of
fact and conclusions of law supporting its decision and
shall maintain a confidential record of the proceedings
to facilitate appellate review.
(E) Review.--A decision under this subsection
denying a request to waive the requirement for the
informed consent of a parent or guardian under
subsection (a) shall be eligible for expedited
appellate review.
(3) Definitions.--In this subsection:
(A) Court of competent jurisdiction.--The term
``court of competent jurisdiction'' means any State
court eligible to hear juvenile or family law matters,
except that States may designate specific State courts
to consider petitions for judicial bypass under this
subsection.
(B) Expedited appellate review.--The term
``expedited appellate review'' means review by whatever
court juvenile or family law matters are generally
appealed to, except that States may designate specific
appellate courts to consider appeals under this
subsection.
(d) Use of State Funds.--Nothing in this section shall be construed
as prohibiting the distribution of contraceptive drugs or devices, or
the provision of abortion referral information, to unemancipated minors
without obtaining prior written parental consent as required under
subsection (a) if--
(1) the distribution of such drugs or devices or the
provision of such information is paid for through the
expenditure by a State of State funds regardless of whether
such State funds are provided as part of the State's
contribution to a Federal program; and
(2) the State, after the date of enactment of this
subsection, takes affirmative action to allow the provision of
such drugs, devices or information through the use of State
funds without requiring such parental consent.
(e) Applicability of State Law.--Notwithstanding any other
provision of law, no provider of services to which this section applies
shall be exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse, rape, or
incest. | TABLE OF CONTENTS:
Title I: Parental Involvement in the Abortion Decision
Title II: Parental Involvement in Decisions Concerning
Contraceptives and Abortion Referrals
Putting Parents First Act -
Title I: Parental Involvement in the Abortion Decision
- Prohibits, and sets penalties for, knowingly performing an abortion upon or prescribing an abortifacient to a pregnant woman under age 18 unless the attending physician has secured the informed written consent of the minor and: (1) the informed written consent of the minor's parent or guardian; or (2) a court order waiving the need for the parent's or guardian's consent pursuant to a judicial bypass procedure under this title. Requires a court to issue such an order if it finds by clear and convincing evidence on an individual basis that: (1) the process of obtaining such consent is not in the best interests of the minor petitioner; or (2) the minor petitioner is an emancipated minor. Sets forth procedures regarding confidentiality, filing of the petition, preference over other proceedings, findings, and expedited appellate review.
(Sec. 103) Specifies that the provisions of this title shall not be construed to preempt State law provisions that provide greater protections to parents of minors seeking abortions.
Title II: Parental Involvement in Decisions Concerning Contraceptives and Abortion Referrals
- Requires all federally funded programs that provide for the distribution of contraceptive drugs or devices to minors or that provide abortion referrals to minors to obtain informed written consent of a custodial parent or custodial legal guardian prior to the provision of such drugs or devices or referral information to the minor, with an exception. Requires a court to issue an order waiving such requirement if it finds by clear and convincing evidence on an individual basis that: (1) the process of obtaining such consent is not in the best interests of the minor petitioner; or (2) the minor petitioner is an emancipated minor. Sets forth procedures regarding confidentiality, filing of the petition, preference over other proceedings, findings, and expedited appellate review.
Specifies that nothing in this title shall be construed as prohibiting the distribution of contraceptive drugs or devices, or the provision of abortion referral information, to unemancipated minors without obtaining prior written parental consent if: (1) the distribution is paid for through the expenditure by a State of State funds, regardless of whether such State funds are provided as part of the State's contribution to a Federal program; and (2) the State takes affirmative action to allow the provision of such drugs, devices, or information through the use of State funds without requiring such parental consent. | Putting Parents First Act |
SECTION 1. SHORT TITLE.
This bill may be referred to as the ``Trafficking Prevention in
Foreign Affairs Contracting Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Department of State and the United States Agency
for International Development (USAID) rely on contractors to
provide various services in foreign countries such as
construction, security, and facilities maintenance.
(2) In certain cases, such as where the employment of local
labor is impractical or poses security risks, Department of
State and USAID contractors sometimes employ foreign workers
who are citizens neither of the United States nor of the host
country and are recruited from developing countries where low
wages and recruitment methods often make them vulnerable to a
variety of trafficking-related abuses.
(3) A January 2011 report of the Office of the Inspector
General for the Department of State, while it found no evidence
of direct coercion by contractors, found that a significant
majority of their foreign workers in certain Middle East
countries reported paying substantial fees to recruiters that,
according to the Inspector General, ``effectively resulted in
debt bondage at their destinations''. Approximately one-half of
the workers were charged recruitment fees equaling more than
six months' salary. More than a quarter of the workers reported
fees greater than one year's salary and, in some of those
cases, fees that could not be paid off in two years, the
standard length of a contract.
(4) A November 2014 report of the United States Government
Accountability Office (GAO-15-102) found that the Department of
State, USAID, and the Defense Department need to strengthen
their oversight of contractors' use of foreign workers in high-
risk environments in order to better protect against
trafficking in persons.
(5) The GAO report recommended that those agencies should
develop more precise definitions of recruitment fees, and that
they should better ensure that contracting officials include
prevention of trafficking in persons in contract monitoring
plans and processes, especially in areas where the risk of
trafficking in persons is high.
(6) Of the 3 agencies addressed in the GAO report, only the
Department of Defense expressly concurred with GAO's
definitional recommendation and committed to defining
recruitment fees and to incorporating that definition in its
acquisition regulations as necessary.
(7) In formal comments to GAO, the Department of State
stated that it forbids the charging of any recruitment fees by
contractors, and both the Department of State and USAID noted a
proposed Federal Acquisition Regulation (FAR) rule that
prohibits charging any recruitment fees to employees.
(8) However, according to GAO, neither the Department of
State nor USAID specifically defines what constitutes a
prohibited recruitment fee: ``Contracting officers and agency
officials with monitoring responsibilities currently rely on
policy and guidance regarding recruitment fees that are
ambiguous. Without an explicit definition of the components of
recruitment fees, prohibited fees may be renamed and passed on
to foreign workers, increasing the risk of debt bondage and
other conditions that contribute to trafficking.''.
(9) GAO found that, although Department of State and USAID
guidance requires their respective contracting officials to
monitor compliance with trafficking in persons requirements,
they did not consistently have specific processes in place to
do so in all of the contracts that GAO sampled.
SEC. 3. REPORTS ON DEFINITION OF PLACEMENT AND RECRUITMENT FEES AND
ENHANCEMENT OF CONTRACT MONITORING TO PREVENT TRAFFICKING
IN PERSONS.
(a) Department of State Report.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of State shall submit
to the appropriate committees of Congress a report that includes the
matters described in subsection (c) with respect to the Department of
State.
(b) USAID Report.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the United States Agency
for International Development (USAID) shall submit to the appropriate
committees of Congress a report that includes the matters described in
subsection (c) with respect to USAID.
(c) Matters To Be Included.--The matters described in this
subsection are the following:
(1) A proposed definition of placement and recruitment fees
for purposes of complying with section 106(g)(iv)(IV) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7104(g)(iv)(IV)), including a description of what fee
components and amounts are prohibited or are permissible for
contractors or their agents to charge workers under such
section.
(2) An explanation of how the definition described in
paragraph (1) will be incorporated into grants, contracts,
cooperative agreements, and contracting practices, so as to
apply to the actions of grantees, subgrantees, contractors,
subcontractors, labor recruiters, brokers, or other agents, as
specified in section 106(g) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7104(g)).
(3) A description of actions taken during the 180-day
period preceding the date of submission of the report and
planned to be taken during the 1-year period following the date
of submission of the report to better ensure that officials
responsible for grants, contracts, and cooperative agreements
and contracting practices include the prevention of trafficking
in persons in plans and processes to monitor such grants,
contracts, and cooperative agreements and contracting
practices.
(d) Appropriate Committees of Congress.--In this section, the term
``appropriate committees of Congress'' means the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate.
SEC. 4. DEFINITION.
In this Act, the term ``trafficking in persons'' has the meaning
given the term in section 103(9) of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7102(9)).
Passed the House of Representatives February 1, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Trafficking Prevention in Foreign Affairs Contracting Act (Sec. 3) This bill directs the Department of State and the U.S. Agency for International Development to report to Congress regarding: a definition of "placement and recruitment fees" for purposes of complying with the Trafficking Victims Protection Act of 2000, including a description of what fee components and amounts are prohibited or are permissible for contractors or their agents to charge workers; how such definition will be incorporated into grants, contracts, cooperative agreements, and contracting practices so as to apply to the actions of grantees, subgrantees, contractors, subcontractors, labor recruiters, brokers, or other agents; and a description of actions taken during the 180-day period preceding the submission of the report and planned to be taken during the following year to better ensure that the responsible officials include the prevention of trafficking in persons in monitoring such grants, contracts, and cooperative agreements and contracting practices. | Trafficking Prevention in Foreign Affairs Contracting Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Closing the Meal Gap Act of 2016''.
SEC. 2. AMENDMENTS.
(a) Calculation of Program Benefits.--The Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.) is amended--
(1) in section 3 (7 U.S.C. 2012)--
(A) by striking subsection (u),
(B) by redesignating subsections (n) through (t) as
subsections (o) through (u), respectively, and
(C) by inserting after subsection (m) the
following:
``(n) `Low-cost food plan' means the diet required to feed a family
of four persons, consisting of a man and a woman nineteen through
fifty, a child six through eight, and a child nine through eleven years
of age, determined in accordance with the Secretary's calculations. The
cost of such diet shall be the basis for uniform allotments for all
households regardless of their actual composition, except that the
Secretary shall--
``(1) make household-size adjustments (based on the
unrounded cost of such diet) taking into account economies of
scale;
``(2) make cost adjustments in the low-cost food plan for
Hawaii and the urban and rural parts of Alaska to reflect the
cost of food in Hawaii and urban and rural Alaska;
``(3) make cost adjustments in the separate low-cost food
plans for Guam, and the Virgin Islands of the United States, to
reflect the cost of food in those States, but not to exceed the
cost of food in the 50 States and the District of Columbia; and
``(4) on October 1, 2017, and each October 1 thereafter,
adjust the cost of the diet to reflect the cost of the diet in
the preceding June, and round the result to the nearest lower
dollar increment for each household size.'',
(2) in section 8(a) (7 U.S.C. 2017(a))--
(A) by striking ``thrifty food plan'' each place it
appears, and inserting ``low-cost food plan'', and
(B) by striking ``8 percent'' and inserting ``10
percent'',
(3) in section 16(c)(1)(A)(ii) (7 U.S.C.
2025(c)(1)(A)(ii))--
(A) in subclause (I) by striking ``for fiscal year
2014, at an amount not greater than $37'' and inserting
``for fiscal year 2017, at an amount not greater than
$50'', and
(B) in subclause (II)--
(i) by striking ``June 30, 2013'' and
inserting ``June 30, 2016'', and
(ii) by striking ``thrifty food plan'' and
inserting ``low-cost food plan'', and
(4) in section 19(a)(2)(A) (7 U.S.C. 2028(a)(2)(A))--
(A) in clause (i) by striking ``and'' at the end,
(B) in clause (ii)--
(i) by striking ``each fiscal year
thereafter'' and inserting ``each of the fiscal
years 2004 through 2016'', and
(ii) by striking the period at the end and
inserting a semicolon, and
(C) by adding at the end the following:
``(iii) for fiscal year 2017,
$2,650,000,000; and
``(iv) subject to the availability of
appropriations under section 18(a), for fiscal
year 2018 and each fiscal year thereafter, the
amount determined under clause (iii), as
adjusted by the percentage by which the low-
cost food plan has been adjusted under section
3(n)(4) between June 30, 2017, and June 30 of
the immediately preceding fiscal year.''.
(b) Standard Medical Expense Deduction.--Section 5(e)(5) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(5)) is amended--
(1) in subparagraph (A) by striking ``an excess medical''
and all that follows through the period at the end, and
inserting ``a standard medical deduction or to a medical
expense deduction of actual costs for the allowable medical
expenses incurred by the elderly or disabled member, exclusive
of special diets.'', and
(2) by adding at the end the following:
``(D) The standard medical expense deduction shall
be equal to $140 for fiscal year 2017, and for each
subsequent fiscal year shall be equal to the applicable
amount for the preceding fiscal year as adjusted to
reflect changes for the 12-month period ending the
preceding June 30 in the Consumer Price Index for All
Urban Consumers: Medical Care published by the Bureau
of Labor Statistics of the Department of Labor, except
that for any such fiscal year the State agency may
establish a greater standard medical expense deduction
that satisfies cost neutrality standards established by
the Secretary for such fiscal year.''.
(c) Elimination of Cap of Excess Shelter Expenses.--Section 5(e)(6)
of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(6)) is
amended--
(1) by striking subparagraph (B), and
(2) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively.
(d) Work Requirement.--Section 6(o)(3) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2015(o)(3)) is amended--
(1) in subparagraph (D) by striking ``or'' at the end,
(2) in subparagraph (E) by striking the period at the end
and inserting ``; or'', and
(3) by adding at end the following:
``(F) not offered a position in a program described
in subparagraph (B) or (C) of paragraph (2).''.
(e) Funding of Employment and Training Programs.--Section
16(h)(1)(E)(ii)(II) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(h)(1)(E)(ii)(II)) is amended by inserting ``subparagraphs (A)
through (E) of'' after ``under''.
(f) Conforming Amendments.--
(1) Food and nutrition act of 2008.--The Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.) is amended--
(A) in section 10 (7 U.S.C. 2019) by striking
``3(p)'' and inserting ``3(q)'',
(B) in section 11 (7 U.S.C. 2012)--
(i) in subsection (a)(2) by striking
``3(t)(1)'' and inserting ``3(u)(1)'', and
(ii) in subsection (d)--
(I) by striking ``3(t)(1)'' each
place it appears and inserting
``3(u)(1)'', and
(II) by striking ``3(t)(2)'' each
place it appears and inserting
``3(u)(2)'',
(C) in section 19(a)(2)(A)(ii) (7 U.S.C.
(a)(2)(A)(ii)) by striking ``3(u)(4)'' and inserting
``3(n)(4)'', and
(D) in section 27(a)(2) (7 U.S.C. 2036(a)(2))--
(i) in subparagraph (C) by striking
``3(u)(4)'' and inserting ``3(n)(4)'', and
(ii) in subparagraph (E) by striking
``3(u)(4)'' and inserting ``3(n)(4)''.
(2) Low-income home energy assistance act of 1981.--Section
2605(f)(2)(A) of the Low-Income Home Energy Assistance Act of
1981 (42 U.S.C. 8624(f)(2)(A)) is amended--
(A) by striking ``5(e)(6)(C)(iv)(I)'' and inserting
``5(e)(6)(B)(iv)(1)'', and
(B) by striking ``(7 U.S.C. 2014(e)(6)(C)(iv)(I))''
and inserting ``(7 U.S.C. 2014(e)(6)(B)(iv)(I))''.
(g) Technical Corrections.--The Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.) is amended--
(1) in section 5(a) (7 U.S.C. 2014(a)) by striking
``3(n)(4)'' each place it appears and inserting ``3(m)(4)'',
(2) in section 8(f)(1)(A)(i) (7 U.S.C. 2017(f)(1)(A)(i)) by
striking ``3(n)(5)'' and inserting ``3(m)(5)'', and
(3) in section 17(b)(1)(B)(iv)(III)(aa) (7 U.S.C.
2016(b)(1)(B)(iv)(III)(aa)) by striking ``3(n)'' and inserting
``3(m)''.
SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect on October 1,
2016.
(b) Application of Amendments.--The amendments made by subsections
(b), (c), and (f)(2) shall not apply with respect to certification
periods that begin before October 1, 2016. | Closing the Meal Gap Act of 2016 This bill amends the Food and Nutrition Act of 2008 to revise the requirements for calculating Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program) benefits. The bill increases the minimum SNAP benefit and requires benefits to be calculated using a low-cost food plan. The Department of Agriculture (USDA) must determine the requirements for the low-cost food plan, which is the diet required to feed a family of four, consisting of: a man and a woman 19-50 years of age, a child 6-8 years of age, and a child 9-11 years of age. USDA must make adjustments to the plan to account for household size, changes in the cost of the diet, and the costs of food in specified areas. The bill revises the amounts authorized for nutrition assistance block grants for Puerto Rico and American Samoa and requires the amounts to be modified based on adjustments to the low-cost food plan. The bill modifies the requirements for calculating household income to determine SNAP eligibility by: (1) authorizing a standard medical expense deduction for households containing an elderly or disabled member, and (2) eliminating the cap on the deduction for excess shelter expenses. The bill exempts from SNAP work requirements able-bodied adults without dependents who are not offered a position in a SNAP Employment and Training Program. | Closing the Meal Gap Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal Barrier Resources
Reauthorization Act of 2005''.
SEC. 2. DIGITAL MAPPING PILOT PROJECT FINALIZATION.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary of the Interior shall prepare and submit to
the Committee on Environment and Public Works of the Senate and the
Committee on Resources of the House of Representatives a report
regarding the digital maps of the John H. Chafee Coastal Barrier
Resources System units and otherwise protected areas created under the
digital mapping pilot project, carried out under section 6 of the
Coastal Barrier Resources Reauthorization Act of 2000 (16 U.S.C. 3503
note).
(b) Consultation in Preparing Report.--The Secretary shall prepare
the report required under subsection (a) in consultation with the
Governors of the States in which System units and otherwise protected
areas are located, and after providing the opportunity for submission
of, and considering, public comment.
(c) Report Content.--The report required under subsection (a) shall
contain--
(1) final recommended digital maps created under such pilot
project;
(2) recommendations for the adoption of such digital maps
by the Congress;
(3) a summary of the comments received from the Governors
of the States, other government officials, and the public
regarding the digital maps;
(4) a summary and update of the protocols and findings of
the report required under section 6(d) of the Coastal Barrier
Resources Reauthorization Act of 2000 (16 U.S.C. 3503 note);
and
(5) an analysis of the benefit, if any, that the public
will receive by utilizing digital mapping technology for all
System units and otherwise protected areas.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $500,000 for
each of fiscal years 2006 through 2007.
SEC. 3. DIGITAL MAPPING PROJECT FOR THE REMAINING JOHN H. CHAFEE
COASTAL BARRIER RESOURCES SYSTEM UNITS AND OTHERWISE
PROTECTED AREAS.
(a) In General.--The Secretary of the Interior shall carry out a
project to create digital versions of all of the John H. Chafee Coastal
Barrier Resources System maps referred to in section 4(a) of the
Coastal Barrier Resources Act (16 U.S.C. 3503(a)), including otherwise
protected areas, as defined in section 12 of the Coastal Barrier
Improvement Act of 1990 (16 U.S.C. 3503 note), that were not included
in the pilot project under section 6 of the Coastal Barrier Resources
Reauthorization Act of 2000 (16 U.S.C. 3503 note).
(b) Data.--
(1) Use of existing data.--To the maximum extent
practicable, in carrying out the project under this section,
the Secretary shall use digital spatial data in the possession
of Federal, State, and local agencies, including digital
orthophotos, color infrared photography, wetlands data, and
property parcel data.
(2) Provision of data by other agencies.--The head of a
Federal agency that possesses data referred to in paragraph (1)
shall, upon request of the Secretary, promptly provide the data
to the Secretary at no cost.
(3) Provision of data by non-federal agencies.--State and
local agencies, and other entities, that possess data referred
to in paragraph (1) are encouraged, upon request of the
Secretary, to promptly provide the data to the Secretary at no
cost.
(4) Additional data.--If the Secretary determines that data
necessary to carry out the project under this section does not
exist, the Director of the United States Fish and Wildlife
Service shall enter into an agreement with the Director of the
United States Geological Survey under which the United States
Geological Survey shall obtain, in cooperation with the heads
of other Federal agencies, as appropriate, and provide to the
Director of the United States Fish and Wildlife Service the
data required to carry out this section.
(5) Data standards.--All data used or created to carry out
this section shall comply with--
(A) the National Spatial Data Infrastructure
established by Executive Order 12906 (59 Fed Reg. 17671
(April 13, 1994)); and
(B) any other standards established by the Federal
Geographic Data Committee established by Office of
Management and Budget Circular A-16.
(c) Report.--
(1) In general.--Not later than 5 years after the
transmittal of the report described in section 2, the Secretary
shall prepare and submit to the Committee on Environment and
Public Works of the Senate and the Committee on Resources of
the House of Representatives a report regarding the digital
maps created under this section.
(2) Consultation in preparing report.--The Secretary shall
prepare the report required under this subsection in
consultation with the Governors of the States in which the
System units and otherwise protected areas are located and
after providing opportunity for submission of, and considering,
public comment.
(3) Report content.--The report required under this
subsection shall contain--
(A) the extent to which the boundary lines on the
digital maps differ from the boundary lines on the
original maps;
(B) a summary of the comments received from
Governors, other government officials, and the public
regarding the digital maps created under this section;
(C) recommendations for the adoption of the digital
maps created under this section by the Congress;
(D) recommendations for expansion of the existing
System and otherwise protected areas, after considering
the inventories, assessments, and recommendations of
participating States under section 4;
(E) a summary and update on the implementation and
use of the digital maps created under the digital
mapping pilot project carried out under section 6 of
the Coastal Barrier Resources Reauthorization Act of
2000 (16 U.S.C. 3503 note);
(F) a description of the feasibility of, and the
amount of funding necessary for, making all of the
System unit and otherwise protected area maps available
to the public in digital format; and
(G) a description of the feasibility of, and the
amount of funding necessary for, facilitating the
integration of digital System unit and otherwise
protected area boundaries into Federal, State, and
local planning tools.
SEC. 4. GRANT PROGRAM FOR COMPREHENSIVE INVENTORY AND ASSESSMENT OF
UNDEVELOPED COASTAL BARRIERS.
(a) In General.--The Secretary of Interior shall establish a
program to provide grants to States for the purpose of identifying,
assessing, and recommending additional eligible coastal barriers, or
portions thereof, along the Atlantic and Gulf coasts and the shore
areas of the Great Lakes of the United States, for inclusion in the
John H. Chafee Coastal Barrier Resources System or for treatment as
otherwise protected areas.
(b) Inventory.--Subject to funds being made available under the
program, the Secretary shall develop criteria for soliciting and
reviewing grant proposals from, and issuing grants to States in which
System units or otherwise protected areas are located. The criteria
shall include a requirement that States that receive grants through the
program shall conduct a comprehensive statewide inventory of all
coastal barriers, or portions thereof, that--
(1) are undeveloped coastal barriers as defined in section
3(1) of the Coastal Barrier Resources Act (16 U.S.C. 3502(1));
(2) are not currently designated as a System unit or
otherwise protected area;
(3) consist of five acres or more, of land above mean high
tide; and
(4) have a minimum of approximately one-quarter mile of
shoreline on the unprotected (seaward) side of the coastal
barrier.
(c) Report.--Each State receiving a grant under this section, in
accordance with the criteria developed by the Secretary under
subsection (b), shall prepare and submit to the Secretary a report
regarding the inventory under subsection (b).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 10 of the Coastal Barrier Resources Act (16 U.S.C. 3510) is
amended to read as follows:
``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to the Secretary for
carrying out this Act $3,000,000 for each of fiscal years 2006 through
2010.''. | Coastal Barrier Resources Reauthorization Act of 2005 - Directs the Secretary of the Interior to report to Congress on the creation of digital maps of the John H. Chafee Coastal Barrier Resources System units and other protected areas under the digital mapping pilot project. Requires the Secretary to carry out a project to create digital versions of all the remaining John H. Chafee Coastal Barrier Resources System maps and protected areas not included in the pilot project.
Establishes a program to provide grants to states to identify, assess, and recommend additional eligible coastal barriers along the Atlantic and Gulf coasts and shore areas of the Great Lakes for inclusion in the John H. Chafee Coastal Barrier Resources System or for treatment as protected areas. | To reauthorize the Coastal Barrier Resources Act, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Letter of Estimated Annual Debt for
Students Act of 2016'' or the ``LEADS Act of 2016''.
SEC. 2. ANNUAL ESTIMATE OF STUDENT LOAN BORROWING COSTS.
Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is
amended by adding at the end the following:
``(n) Annual Estimate of Student Loan Borrowing Costs.--
``(1) In general.--Beginning on July 1, 2018, each eligible
institution shall provide a cost estimate described in
paragraph (2) to each enrolled student who receives an
education loan to attend the institution, not later than 30
days before the first day of each academic year beginning after
the academic year for which the student first received such a
loan to attend such institution.
``(2) Contents of estimate.--The estimate under paragraph
(1) shall contain the following information:
``(A) Cumulative balances and monthly payments.--A
notice to the student of--
``(i) the cumulative balance of education
loans owed by the student as of the date of the
notice;
``(ii) the amount of any new education
loans expected to be disbursed during such
academic year;
``(iii) the projected cumulative balance of
education loans that will be owed by the
student after the completion of the student's
course of study at the institution; and
``(iv) projected monthly payment amounts
based on the cumulative balances described in
clauses (i), (ii), and (iii), respectively,
assuming a standard repayment schedule.
``(B) Interest rates.--The interest rate of each
education loan, except that interest rates for a
private education loan may be based on average private
education loan interest rates if the institution cannot
reasonably determine the actual interest rate of such
loan.
``(C) Disclaimer.--A clear and conspicuous notice
stating that any information provided under paragraph
(1) is an estimate, accurate to the best of the
institution's knowledge, and that an interest rate
provided under subparagraph (B)--
``(i) in the case of a loan described in
paragraph (6)(A)(i), is the applicable rate of
interest of such loan;
``(ii) in the case of a private education
loan, may be based on average private education
loan interest rates; and
``(iii) does not include private education
loans of which the institution is not aware.
``(3) Form of estimate.--The estimate under paragraph (1)
shall be--
``(A) provided to the student in hard copy format
on the letterhead of the institution, by electronic
mail or by another method the Secretary may prescribe;
and
``(B) delivered to the student separately from any
other disclosures required under this Act.
``(4) Limitation of liability.--An institution that
provides the estimate under paragraph (1) in good faith shall
not be liable to any person for inaccuracies contained in such
estimate.
``(5) Student debt letter template.--Not later than July 1,
2017, and as necessary thereafter, the Secretary shall provide
the following to eligible institutions:
``(A) Examples of estimates required under
paragraph (2).
``(B) Technical assistance on how to comply with
the requirements of this subsection.
``(C) Preliminary approvals in a timely manner of
estimate formats proposed for use by an institution, at
the request of the institution.
``(D) The formula (which shall take into
consideration a student's past borrowing rates and
other criteria the Secretary may determine) to be used
in making the projections under clauses (iii) and (iv)
of paragraph (2)(A) with respect to loans described in
paragraph (6)(A)(i).
``(E) Encryption technology software to enable
institutions to provide the estimate under paragraph
(2) to students in a secure format for institutions
that choose to provide the estimate to students in an
electronic format.
``(6) Definitions.--In this subsection:
``(A) Education loan.--The term `education loan'
means--
``(i) a loan made under part D (other than
a Federal Direct Consolidation Loan or a
Federal Direct PLUS loan made on behalf of a
student);
``(ii) a loan made under a State-sponsored
loan program for the purpose of paying a
student's cost of attendance at an institution
of higher education; and
``(iii) a private education loan with
respect to which the institution should
reasonably be aware.
``(B) Private education loan.--The term `private
education loan' has the meaning given the term in
section 140 of the Truth in Lending Act.
``(C) Student.--The term `student', when used with
respect to an eligible institution, does not include
any student who has transferred to the institution more
than 60 days before the first day of the academic year
involved.''.
SEC. 3. ANNUAL PROVISION OF INFORMATION BY THE SECRETARY OF EDUCATION.
Not later than April 1, 2018, and annually thereafter, the
Secretary of Education shall provide to institutions of higher
education (as defined in section 102 of the Higher Education Act of
1965 (20 U.S.C. 1002)) the following information:
(1) The amount of any loans made under part D of title IV
of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.)
(other than a Federal Direct Consolidation Loan or a Federal
Direct PLUS loan made on behalf of a student) expected to be
disbursed to any borrower for the next academic year.
(2) The projected cumulative balance of such loans, as
determined in accordance with section 485(n)(5)(D) of such Act
(20 U.S.C. 1092(n)(5)(D)), as added by this Act, that will be
owed by any borrower after the completion of the borrower's
course of study at an institution of higher education.
(3) The projected monthly payment amounts of such loans, as
determined in accordance with section 485(n)(5) of the Higher
Education Act of 1965 (20 U.S.C. 1092(n)(5)), assuming a
standard repayment schedule (as described in section
455(d)(1)(A) of such Act (20 U.S.C. 1087e(d)(1)(A))). | Letter of Estimated Annual Debt for Students Act of 2016 or the LEADS Act of 2016 This bill amends the Higher Education Act of 1965 by requiring institutions of higher education to provide to each student with education loans for attending the institution an estimate of student loan borrowing costs, including: (1) the cumulative balance of education loans owed by the student, (2) the amount of new education loans expected to be disbursed during the year, (3) the projected cumulative balance of education loans that will be owed by the student after the student graduates, and (4) projected monthly payments to repay the loans. The estimates must be given to students before each academic year succeeding the one for which a loan was first received. | LEADS Act of 2016 |
SECTION 1. STATEMENT OF PRINCIPLES.
(a) Purpose.--It is the purpose of this Act to create principles
governing the conduct of United States economic cooperation projects in
the People's Republic of China and Tibet.
(b) Principles.--It is the sense of the Congress that any United
States economic cooperation project in the People's Republic of China
or Tibet should adhere to the following principles:
(1) Suspend the use of all goods, wares, articles, and
merchandise that are mined, produced, or manufactured, in whole
or in part, by convict labor or forced labor if there is reason
to believe that the material or product is produced or
manufactured by such convict or forced labor, and refuse to use
forced labor in the project.
(2) Seek to ensure that political or religious views, sex,
ethnic or national background, involvement in political or
labor activities or nonviolent demonstrations, or association
with suspected or known dissidents will not prohibit hiring,
lead to harassment, demotion, or dismissal, or in any way
affect the status or terms of employment in the project. The
United States parent company of the United States economic
cooperation project should not discriminate in terms or
conditions of employment in the project against persons with
past records of arrests or internal exile for nonviolent
protest or membership in unofficial organizations committed to
nonviolence.
(3) Ensure that methods of production used in the project
do not pose an unnecessary physical danger to workers and
neighboring populations and property and that the project does
not unnecessarily risk harm to the surrounding environment, and
consult with community leaders regarding environmental
protection with respect to the project.
(4) Strive to use business enterprises that are not
controlled by the Government of the People's Republic of China
or its authorized agents and departments as potential partners
in the project.
(5) Prohibit any military presence on the premises of the
operations of the project.
(6) Undertake to promote freedom of association and
assembly among the employees of the project. The United States
economic cooperation project should protest any infringement by
the Government of the People's Republic of China of these
freedoms to the appropriate authorities of that Government and
to the International Labor Organization, which has an office in
Beijing.
(7) Use every possible channel of communication with the
Government of the People's Republic of China to urge that
government to disclose publicly a complete list of all those
individuals arrested since March 1989, to end incommunicado
detention and torture, and to provide international observers
access to all places of detention in the People's Republic of
China and Tibet and to trials of prisoners arrested in
connection with the pro-democracy events of April through June
of 1989 and the pro-democracy demonstrations which have taken
place in Tibet since 1987.
(8) Discourage or undertake to prevent compulsory political
indoctrination programs from taking place on the premises of
the operations of the project.
(9) Promote freedom of expression, including the freedom to
seek, receive, and impart information and ideas of all kinds,
regardless of frontiers, either orally, in writing or in print,
in the form of art, or through any media. To this end, the
United States economic cooperation project should raise with
appropriate authorities of the Government of the People's
Republic of China concerns about restrictions on the
importation of foreign publications.
(10)(A) Undertake to prevent harassment of workers who,
consistent with the United Nations World Population Plan of
Action, decide freely and responsibly the number and spacing of
their children.
(B) Prohibit compulsory population control activities on
the premises of the operations of the project.
(c) Promotion of Principles by Other Nations.--The Secretary shall
forward a copy of the principles set forth in subsection (b) to the
member nations of the Organization for Economic Cooperation and
Development and encourage them to promote principles similar to these
principles.
SEC. 2. REGISTRATION REQUIREMENT.
(a) In General.--Each United States parent company conducting a
United States economic cooperation project in the People's Republic of
China or Tibet shall register with the Secretary and indicate whether
such company agrees to implement the principles set forth in section
1(b). No fee shall be required for registration under this subsection.
(b) Effective Date.--The registration requirement of subsection (a)
shall take effect 6 months after the date of the enactment of this Act.
SEC. 3. REPORTING REQUIREMENTS.
(a) Report.--Each United States parent company conducting a United
States economic cooperation project in the People's Republic of China
or Tibet shall report to the Secretary describing such company's
adherence to the principles. Such company shall submit a completed
reporting form furnished by the Secretary. The first report shall be
submitted not later than 1 year after the date on which the national
registers under section 2 and not later than the end of each 1-year
period occurring thereafter.
(b) Review of Report.--The Secretary shall review each report
submitted under subsection (a) and determine whether the United States
parent company submitting the report is adhering to the principles. The
Secretary may request additional information from the United States
parent company and other sources to verify the information contained in
the report submitted by the company.
(c) Annual Report.--The Secretary shall submit a report to the
Congress and to the Secretariat of the Organization for Economic
Cooperation and Development describing the level of adherence to the
principles by United States parent companies subject to the reporting
requirement of subsection (a). This report shall be submitted not later
than 2 years after the date of the enactment of this Act and not later
than the end of each 1-year period occurring thereafter.
SEC. 4. EXPORT MARKETING SUPPORT.
(a) Support.--A Federal agency may intercede with a foreign
government or foreign national regarding export marketing activity in
the People's Republic of China or Tibet on behalf of a United States
parent company subject to the reporting requirements of section 3(a)
only if that company adheres to the principles.
(b) Effective Date.--Subsection (a) shall take effect 2 years after
the date of enactment of this Act.
SEC. 5. DEFINITIONS.
For purposes of this Act--
(1) the terms ``adhere to the principles'', ``adhering to
the principles'' and ``adherence to the principles'' mean--
(A) agreeing to implement the principles set forth
in section 1(b);
(B) implementing those principles by taking good
faith measures with respect to each such principle; and
(C) reporting accurately to the Secretary on the
measures taken to implement those principles;
(2) the term ``intercede with a foreign government or
foreign national'' includes any contact by an officer or
employee of the United States with officials of any foreign
government or foreign national involving or contemplating any
effort to assist in selling a good, service, or technology in
the People's Republic of China or Tibet, except that such term
does not include multilateral or bilateral government-to-government
trade negotiations intended to resolve trade issues which may affect
United States parent companies who do not adhere to the principles;
(3) the term ``organized under the laws of the United
States'' means organized under the laws of the United States,
any State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, or any other territory or possession of the
United States;
(4) the term ``Secretary'' means the Secretary of State;
(5) the term ``United States economic cooperation project''
means--
(A) an equity joint venture, a cooperative joint
venture, or a wholly foreign-owned enterprise
established under the laws of the People's Republic of
China, in which--
(i) a corporation, partnership, wholly-
owned subsidiary, or other business association
organized under the laws of the United States
is an investor, or
(ii) a corporation, partnership, or other
business association organized under the laws
of a country other than the United States or
under the laws of a territory or possession of
a country other than the United States, which
is wholly owned by a corporation, partnership,
or other business association organized under
the laws of the United States, is an investor,
and which employs more than 50 individuals in the
People's Republic of China or Tibet; or
(B) a branch office or representative office--
(i) of a corporation, partnership, wholly-
owned subsidiary, or other business association
organized under the laws of the United States,
or
(ii) of a corporation, partnership, or
other business association organized under the
laws of a country other than the United States
or under the laws of a territory or possession
of a country other than the United States,
which is wholly owned by a corporation,
partnership, or other business association
organized under the laws of the United States,
which employs more than 25 individuals in the People's
Republic of China or Tibet; and
(6) the term ``United States parent company'' means a
corporation, partnership, or other business association
organized under the laws of the United States which is--
(A) the direct investor in a United States economic
cooperation project described in paragraph (5)(A)(i),
or the sole owner of the investor in a United States
economic cooperation project described in paragraph
(5)(A)(ii); or
(B) the registrant in the People's Republic of
China of a branch office or representative office
described in paragraph (5)(B)(i), or the sole owner of
the registrant of a branch office or representative
office described in paragraph (5)(B)(ii). | Expresses the sense of the Congress that U.S. economic cooperation projects in China or Tibet should adhere to specified principles, including to: (1) suspend the use of merchandise manufactured by convict or forced labor; (2) seek to ensure political and religious freedom without fear of one's employment status; (3) ensure that methods of production do not pose a danger to project employees and the surrounding environment; (4) strive to use business enterprises that are not controlled by China; and (5) promote specified freedoms in China. Requires the Secretary of State to forward a copy of such principles to member nations of the Organization for Economic Cooperation and Development and encourage them to promote such principles.
Requires each U.S. parent company conducting an economic cooperation project in China or Tibet to register with the Secretary and indicate whether they agree to implement such principles. Sets forth specified reporting requirements.
Authorizes Federal agencies to intercede with a foreign government or national regarding export marketing activity in China or Tibet on behalf of such a parent company only if such company adheres to such principles. | To encourage liberalization inside the People's Republic of China and Tibet. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Archives and Records
Administration Efficiency Act of 2004''.
SEC. 2. EXTENSION OF RECORDS RETENTION PERIODS.
(a) Extension of Records Retention Periods by Regulation.--Section
2909 of title 44, United States Code, is amended--
(1) by striking ``, upon the submission of evidence of need,'';
(2) by striking ``; and, in accordance with regulations
promulgated by him,'' and inserting ``, and''; and
(3) by adding at the end the following: ``The Archivist shall
promulgate regulations in accordance with section 2104(a) of this
title to implement this section.''.
(b) Conforming Amendment.--Subsection (d) of section 3303a of title
44, United States Code, is amended by striking the second sentence.
SEC. 3. AUTHORITY FOR RECORDS CENTER REVOLVING FUND TO BE USED FOR THE
PURCHASE AND CARE OF UNIFORMS FOR RECORDS CENTERS
EMPLOYEES.
Subsection (a) under the heading ``records center revolving fund''
in title IV of the Independent Agencies Appropriations Act, 2000
(Public Law 106-58; 113 Stat. 460; 44 U.S.C. 2901 note), is amended by
inserting after ``expenses'' in the first sentence the following:
``(including expenses for uniforms or allowances for uniforms as
authorized by subchapter I of chapter 59 of title 5)''.
SEC. 4. AUTHORITY TO CHARGE FEES FOR PUBLIC USE OF FACILITIES OF
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION.
(a) Presidential Archival Depositories.--Subsection (e) of section
2112 of title 44, United States Code, is amended by striking ``space''
and inserting ``space, or for the occasional, non-official use of rooms
and spaces (and services related to such use),''.
(b) National Archives Building and Other Buildings Used for Record
Storage.--Section 2903 of title 44, United States Code, is amended--
(1) by inserting ``(a)'' before ``The Archivist''; and
(2) by adding at the end the following new subsection:
``(b) When the Archivist considers it to be in the public interest,
the Archivist may charge and collect reasonable fees from the public
for the occasional, non-official use of rooms and spaces, and services
related to such use, in the buildings subject to this section. Fees
collected under this subsection shall be paid into an account in the
National Archives Trust Fund and shall be held, administered, and
expended for the benefit and in the interest of the national archival
and records activities administered by the National Archives and
Records Administration, including educational and public program
purposes.''.
SEC. 5. AUTHORITY TO USE COOPERATIVE AGREEMENTS WITH STATE AND LOCAL
GOVERNMENTS, EDUCATIONAL INSTITUTIONS, AND OTHER PUBLIC
AND NONPROFIT ORGANIZATIONS TO FURTHER NARA PROGRAMS.
(a) Authority.--Chapter 21 of title 44, United States Code, is
amended by adding at the end the following new section:
``Sec. 2119. Cooperative agreements
``(a) Authority.--The Archivist may enter into cooperative
agreements pursuant to section 6305 of title 31 that involve the
transfer of funds from the National Archives and Records Administration
to State and local governments, other public entities, educational
institutions, or private nonprofit organizations (including foundations
or institutes organized to support the National Archives and Records
Administration or the Presidential archival depositories operated by
it) for the public purpose of carrying out programs of the National
Archives and Records Administration.
``(b) Limitations.--Not more than $25,000 may be transferred under
a cooperative agreement entered into as authorized by subsection (a).
Not more than a total of $75,000 may be transferred under such
agreements in any fiscal year.
``(c) Report.--Not later than December 31st of each year, the
Archivist shall submit to the Committee on Government Reform of the
House of Representatives and the Committee on Governmental Affairs of
the Senate a report on the provisions, amount, and duration of each
cooperative agreement entered into as authorized by subsection (a)
during the preceding fiscal year.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2119. Cooperative agreements.''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS THROUGH FISCAL YEAR 2009 FOR
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION.
Section 2504(f)(1) of title 44, United States Code, is amended--
(1) in subparagraph (N), by striking ``and'';
(2) in subparagraph (O), by striking the period and inserting a
semicolon; and
(3) by adding at the end of the following new subparagraphs:
``(P) $10,000,000 for fiscal year 2006;
``(Q) $10,000,000 for fiscal year 2007;
``(R) $10,000,000 for fiscal year 2008; and
``(S) $10,000,000 for fiscal year 2009.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | National Archives and Records Administration Efficiency Act of 2004 - Requires the Archivist of the United States to promulgate regulations establishing a streamlined process for extending agency records retention periods beyond those periods specified in disposal schedules.
Authorizes the Records Center Revolving Fund of the Treasury to cover expenses for uniforms for National Archives and Records Administration (NARA) personnel.
Authorizes the Archivist to collect reasonable fees for the occasional, non-official use of NARA facilities and related services by the public and to use such fees for educational and public program purposes.
Authorizes the Archivist to enter into cooperative agreements that involve the transfer of NARA funds to State and local governments, other public entities, educational institutions, or private nonprofit organizations to carry out NARA programs.
Authorizes appropriations to the National Historical Publications and Records Commission for FY 2006 through 2009 for the Commission to carry out its duties and for the Archivist to make grants to State and local agencies and to nonprofit organizations, institutions, and individuals for historical publications and records programs. | To amend title 44, United States Code, to improve the efficiency of operations by the National Archives and Records Administration and to reauthorize the National Historical Publications and Records Commission. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Agricultural Disaster
Assistance Act of 2004''.
SEC. 2. CROP DISASTER ASSISTANCE.
(a) Definitions.--In this section:
(1) Additional coverage.--The term ``additional coverage''
has the meaning given the term in section 502(b) of the Federal
Crop Insurance Act (7 U.S.C. 1502(b)).
(2) Insurable commodity.--The term ``insurable commodity''
means an agricultural commodity (excluding livestock) for which
the producers on a farm are eligible to obtain a policy or plan
of insurance under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.).
(3) Noninsurable commodity.--The term ``noninsurable
commodity'' means an eligible crop for which the producers on a
farm are eligible to obtain assistance under section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333).
(b) Emergency Financial Assistance.--Notwithstanding section
508(b)(7) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)(7)), the
Secretary of Agriculture (referred to in this Act as the ``Secretary'')
shall use such sums as are necessary of funds of the Commodity Credit
Corporation to make emergency financial assistance authorized under
this section available to producers on a farm that have incurred
qualifying crop or quality losses for the 2003 or 2004 crop (as elected
by a producer), but not both, due to damaging weather or related
condition, as determined by the Secretary.
(c) Administration.--The Secretary shall make assistance available
under this section in the same manner as provided under section 815 of
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114
Stat. 1549A-55), including using the same loss thresholds for the
quantity and quality losses as were used in administering that section.
(d) Reduction in Payments.--The amount of assistance that a
producer would otherwise receive for a qualifying crop or quality loss
under this section shall be reduced by the amount of assistance that
the producer receives under the crop loss assistance program announced
by the Secretary on August 27, 2004.
(e) Ineligibility for Assistance.--Except as provided in subsection
(f), the producers on a farm shall not be eligible for assistance under
this section with respect to losses to an insurable commodity or
noninsurable commodity if the producers on the farm--
(1) in the case of an insurable commodity, did not obtain a
policy or plan of insurance for the insurable commodity under
the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the
crop incurring the losses; and
(2) in the case of a noninsurable commodity, did not file
the required paperwork, and pay the administrative fee by the
applicable State filing deadline, for the noninsurable
commodity under section 196 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333) for the crop
incurring the losses.
(f) Contract Waiver.--The Secretary may waive subsection (e) with
respect to the producers on a farm if the producers enter into a
contract with the Secretary under which the producers agree--
(1) in the case of an insurable commodity, to obtain a
policy or plan of insurance under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.) providing additional coverage for
the insurable commodity for each of the next 2 crops; and
(2) in the case of a noninsurable commodity, to file the
required paperwork and pay the administrative fee by the
applicable State filing deadline, for the noninsurable
commodity for each of the next 2 crops under section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333).
(g) Effect of Violation.--In the event of the violation of a
contract under subsection (f) by a producer, the producer shall
reimburse the Secretary for the full amount of the assistance provided
to the producer under this section.
SEC. 3. LIVESTOCK ASSISTANCE PROGRAM.
(a) In General.--The Secretary shall use such sums as are necessary
of funds of the Commodity Credit Corporation to make and administer
payments for livestock losses to producers for 2003 or 2004 losses (as
elected by a producer), but not both, in a county that has received an
emergency designation by the President or the Secretary after January
1, 2003, of which an amount determined by the Secretary shall be made
available for the American Indian livestock program under section 806
of the Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114
Stat. 1549A-51).
(b) Administration.--The Secretary shall make assistance available
under this section in the same manner as provided under section 806 of
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114
Stat. 1549A-51).
(c) Mitigation.--In determining the eligibility for or amount of
payments for which a producer is eligible under the livestock
assistance program, the Secretary shall not penalize a producer that
takes actions (recognizing disaster conditions) that reduce the average
number of livestock the producer owned for grazing during the
production year for which assistance is being provided.
SEC. 4. TREE ASSISTANCE PROGRAM.
The Secretary shall use such sums as are necessary of the funds of
the Commodity Credit Corporation to provide assistance under the tree
assistance program established under subtitle C of title X of the Farm
Security and Rural Investment Act of 2002 to producers who suffered
tree losses during the winter of 2003 through 2004.
SEC. 5. COMMODITY CREDIT CORPORATION.
The Secretary shall use the funds, facilities, and authorities of
the Commodity Credit Corporation to carry out this Act.
SEC. 6. REGULATIONS.
(a) In General.--The Secretary may promulgate such regulations as
are necessary to implement this Act.
(b) Procedure.--The promulgation of the regulations and
administration of this Act shall be made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary shall use the authority provided under
section 808 of title 5, United States Code.
SEC. 7. EMERGENCY DESIGNATION.
Amounts appropriated or otherwise made available in this Act are
each designated as an emergency requirement pursuant to section 402 of
S. Con. Res. 95 (108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress) and applicable to the
Senate by section 14007 of the Department of Defense Appropriations
Act, 2005 (Public Law 108-287; 118 Stat. 1014). However, such amounts
shall be available only to the extent that an official budget request,
that includes designation of the entire amount of the request as an
emergency requirement, is transmitted by the President to the Congress. | Emergency Agricultural Disaster Assistance Act of 2004 - Directs the Secretary of Agriculture to provide emergency financial assistance to agricultural producers who have incurred qualifying 2003 or 2004 crop losses due to weather or related conditions. Permits producers with qualifying losses in both years to elect to receive payments in either, but not both, of such years. Makes producers ineligible for crop disaster assistance if they did not: (1) get Federal crop insurance for insurable commodities; and (2) file required paperwork and pay related fees for noninsurable commodities. Sets forth waiver provisions. Reduces payments for amounts received under a specified crop loss program announced in 2004.
Directs the Secretary to provide payments to livestock producers who have incurred 2003 or 2004 losses in an emergency-designated county, with discretionary set-asides for the American Indian livestock program. Permits producers with qualifying losses in both years to elect to receive payments in either, but not both, of such years.
Directs the Secretary to provide assistance under the tree assistance program to tree farmers who have suffered losses during the 2003-2004 winter. | To provide emergency agricultural disaster assistance. |
SECTION 1. CHARITABLE CONTRIBUTIONS OF SCIENTIFIC EQUIPMENT TO
ELEMENTARY AND SECONDARY SCHOOLS.
(a) In General.--Subparagraph (B) of section 170(e)(4) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(B) Qualified research or education
contribution.--For purposes of this paragraph, the term
`qualified research or education contribution' means a
charitable contribution by a corporation of tangible
personal property (including computer software), but
only if--
``(i) the contribution is to--
``(I) an educational organization
described in subsection (b)(1)(A)(ii),
``(II) a governmental unit
described in subsection (c)(1), or
``(III) an organization described
in section 41(e)(6)(B),
``(ii) the contribution is made not later
than 3 years after the date the taxpayer
acquired the property (or in the case of
property constructed by the taxpayer, the date
the construction of the property is
substantially completed),
``(iii) the property is scientific
equipment or apparatus substantially all of the
use of which by the donee is for--
``(I) research or experimentation
(within the meaning of section 174), or
for research training, in the United
States in physical or biological
sciences, or
``(II) in the case of an
organization described in clause (i)
(I) or (II), use within the United
States for educational purposes related
to the purpose or function of the
organization,
``(iv) the original use of the property
began with the taxpayer (or in the case of
property constructed by the taxpayer, with the
donee),
``(v) the property is not transferred by
the donee in exchange for money, other
property, or services, and
``(vi) the taxpayer receives from the donee
a written statement representing that its use
and disposition of the property will be in
accordance with the provisions of clauses (iv)
and (v).''
(b) Donations to Charity for Refurbishing.--Section 170(e)(4) of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new subparagraph:
``(D) Donations to charity for refurbishing.--For
purposes of this paragraph, a charitable contribution
by a corporation shall be treated as a qualified
research or education contribution if--
``(i) such contribution is a contribution
of property described in subparagraph (B)(iii)
to an organization described in section
501(c)(3) and exempt from taxation under
section 501(a),
``(ii) such organization repairs and
refurbishes the property and donates the
property to an organization described in
subparagraph (B)(i), and
``(iii) the taxpayer receives from the
organization to whom the taxpayer contributed
the property a written statement representing
that its use of the property (and any use by
the organization to which it donates the
property) meets the requirements of this
paragraph.''
(c) Conforming Amendments.--
(1) Paragraph (4)(A) of section 170(e) of the Internal
Revenue Code of 1986 is amended by striking ``qualified
research contribution'' each place it appears and inserting
``qualified research or education contribution''.
(2) The heading for section 170(e)(4) of such Code is
amended by inserting ``or education'' after ``research''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.
SEC. 2. DONATIONS TO UNDERPRIVILEGED SCHOOLS.
It is the sense of Congress that one of the main purposes of the
enhanced charitable deduction under section 170(e) of the Internal
Revenue Code of 1986 is to encourage the donation of computer equipment
and supplies to--
(1) schools serving low income communities;
(2) schools whose fiscal year budgets are below the
applicable State-wide norm; and
(3) schools at which student test scores are substantially
below the State-wide norm. | Amends the Internal Revenue Code to revise the rules concerning a "qualified research contribution." Redefines such term as a "qualified research or education contribution." Expresses the sense of the Congress that one of the main purposes of the revision is to encourage the donation of computer supplies and equipment to underprivileged schools. | To amend the Internal Revenue Code of 1986 to allow companies to donate scientific equipment to elementary and secondary schools for use in their educational programs, and for other purposes. |
50, Seventy-ninth
Congress. Such regulations shall also grant the option to
deduct as expenses intangible drilling and development costs in
the case of wells drilled for any geothermal deposit (as
defined in section 613(e)(2)) to the same extent and in the
same manner as such expenses are deductible in the case of oil
and gas wells. This subsection shall not apply with respect to
any costs to which any deduction is allowed under section 59(e)
or 291.
``(2) Exclusion.--
``(A) In general.--This subsection shall not apply
to amounts paid or incurred by a taxpayer in any
taxable year in which such taxpayer is a major
integrated oil company (within the meaning of section
167(h)(5)).
``(B) Amortization of amounts not allowable as
deductions under subparagraph (a).--The amount not
allowable as a deduction for any taxable year by reason
of subparagraph (A) shall be allowable as a deduction
ratably over the 60-month period beginning with the
month in which the costs are paid or incurred. For
purposes of section 1254, any deduction under this
subparagraph shall be treated as a deduction under this
subsection.''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred in taxable years beginning after December
31, 2013.
SEC. 104. LIMITATION ON PERCENTAGE DEPLETION ALLOWANCE FOR OIL AND GAS
WELLS.
(a) In General.--Section 613A of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(f) Application With Respect to Major Integrated Oil Companies.--
In the case of any taxable year in which the taxpayer is a major
integrated oil company (within the meaning of section 167(h)(5)), the
allowance for percentage depletion shall be zero.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2013.
SEC. 105. LIMITATION ON DEDUCTION FOR TERTIARY INJECTANTS.
(a) In General.--Section 193 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(d) Application With Respect to Major Integrated Oil Companies.--
``(1) In general.--This section shall not apply to amounts
paid or incurred by a taxpayer in any taxable year in which
such taxpayer is a major integrated oil company (within the
meaning of section 167(h)(5)).
``(2) Amortization of amounts not allowable as deductions
under paragraph (1).--The amount not allowable as a deduction
for any taxable year by reason of paragraph (1) shall be
allowable as a deduction ratably over the 60-month period
beginning with the month in which the costs are paid or
incurred.''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred in taxable years beginning after December
31, 2013.
SEC. 106. MODIFICATION OF DEFINITION OF MAJOR INTEGRATED OIL COMPANY.
(a) In General.--Paragraph (5) of section 167(h) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
``(C) Certain successors in interest.--For purposes
of this paragraph, the term `major integrated oil
company' includes any successor in interest of a
company that was described in subparagraph (B) in any
taxable year, if such successor controls more than 50
percent of the crude oil production or natural gas
production of such company.''.
(b) Conforming Amendments.--
(1) In general.--Subparagraph (B) of section 167(h)(5) of
the Internal Revenue Code of 1986 is amended by inserting
``except as provided in subparagraph (C),'' after ``For
purposes of this paragraph,''.
(2) Taxable years tested.--Clause (iii) of section
167(h)(5)(B) of such Code is amended--
(A) by striking ``does not apply by reason of
paragraph (4) of section 613A(d)'' and inserting ``did
not apply by reason of paragraph (4) of section 613A(d)
for any taxable year after 2004'', and
(B) by striking ``does not apply'' in subclause
(II) and inserting ``did not apply for the taxable
year''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2013.
TITLE II--OUTER CONTINENTAL SHELF OIL AND NATURAL GAS
SEC. 201. REPEAL OF OUTER CONTINENTAL SHELF DEEP WATER AND DEEP GAS
ROYALTY RELIEF.
(a) In General.--Sections 344 and 345 of the Energy Policy Act of
2005 (42 U.S.C. 15904, 15905) are repealed.
(b) Administration.--The Secretary of the Interior shall not be
required to provide for royalty relief in the lease sale terms
beginning with the first lease sale held on or after the date of
enactment of this Act for which a final notice of sale has not been
published.
TITLE III--MISCELLANEOUS
SEC. 301. DEFICIT REDUCTION.
The net amount of any savings realized as a result of the enactment
of this Act and the amendments made by this Act (after any expenditures
authorized by this Act and the amendments made by this Act) shall be
deposited in the Treasury and used for Federal budget deficit reduction
or, if there is no Federal budget deficit, for reducing the Federal
debt in such manner as the Secretary of the Treasury considers
appropriate.
SEC. 302. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage. | Close Big Oil Tax Loopholes Act - Amends the Internal Revenue Code to limit or repeal certain tax benefits for major integrated oil companies (defined as companies with annual gross receipts over $1 billion and an average daily worldwide production of crude oil of at least 500,000 barrels or certain successors in interest of such companies), including: (1) the foreign tax credit for companies that are dual capacity taxpayers; (2) the tax deduction for income attributable to the production, refining, processing, transportation, or distribution of oil, natural gas, or primary products thereof; (3) the tax deduction for intangible drilling and development costs; (4) the percentage depletion allowance for oil and gas wells; and (5) the tax deduction for qualified tertiary injectant expenses. Amends the Energy Policy Act of 2005 to repeal royalty relief (suspension of royalties) for: (1) natural gas production from deep wells in shallow waters of the Gulf of Mexico; and (2) deep water oil and gas production in the Western and Central Planning Area of the Gulf (including the portion of the Eastern Planning Area encompassing whole lease blocks lying west of 87 degrees, 30 minutes west longitude). Dedicates any increased revenue generated by this Act to the reduction of a federal budget deficit or the federal debt. Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010. | Close Big Oil Tax Loopholes Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Up Government Act of 2007''.
SEC. 2. APPLICATION OF MAIL AND WIRE FRAUD STATUTES TO LICENCES AND
OTHER INTANGIBLE RIGHTS.
Sections 1341 and 1343 of title 18, United States Code, are each
amended by striking ``money or property'' and inserting ``money,
property, or any other thing of value''.
SEC. 3. VENUE FOR FEDERAL OFFENSES.
(a) Venue Includes Any District in Which Conduct in Furtherance of
an Offense Takes Place.--Subsection (a) of section 3237 of title 18,
United States Code, is amended to read as follows:
``(a) Except as otherwise provided by law, an offense against the
United States may be inquired of and prosecuted in any district in
which any conduct required for, or any conduct in furtherance of, the
offense took place, or in which the offense was completed.''.
(b) Conforming Amendments.--
(1) Section heading.--The heading for section 3237 of title
18, United States Code, is amended to read as follows:
``Sec. 3237. Offense taking place in more than one district''.
(2) Table of sections.--The table of sections at the
beginning of chapter 211 of title 18, United States Code, is
amended so that the item relating to section 3237 reads as
follows:
``3237. Offense taking place in more than one district.''.
SEC. 4. THEFT OR BRIBERY CONCERNING PROGRAMS RECEIVING FEDERAL
FINANCIAL ASSISTANCE.
Section 666(a) of title 18, United States Code, is amended by
striking ``ten years'' and inserting ``20 years''.
SEC. 5. PENALTY FOR SECTION 641 VIOLATIONS.
Section 641 of title 18, United States Code, is amended by striking
``ten years'' and inserting ``20 years''.
SEC. 6. BRIBERY AND GRAFT.
Section 201 of title 18, United States Code, is amended--
(1) in subsection (b), by striking ``fifteen years'' and
inserting ``30 years''; and
(2) in subsection (c), by striking ``two years'' and
inserting ``five years''.
SEC. 7. ADDITION OF DISTRICT OF COLUMBIA TO THEFT OF PUBLIC MONEY
OFFENSE.
Section 641 of title 18, United States Code, is amended by
inserting ``the District of Columbia or'' before ``the United States''.
SEC. 8. CLARIFICATION OF CRIME OF ILLEGAL GRATUITIES.
Paragraphs (A) and (B) of section 201(c)(1) of title 18, United
States Code, are each amended by inserting ``the official's official
position or'' before ``any official act''.
SEC. 9. CLARIFICATION OF DEFINITION OF ``OFFICIAL ACT''.
Section 201(a)(3) of title 18, United States Code, is amended by
striking ``any decision'' and all that follows through ``profit'' and
inserting ``any decision or action within the range of official duty of
a public official''.
SEC. 10. AMENDMENT OF THE SENTENCING GUIDELINES RELATING TO CERTAIN
CRIMES.
(a) Directive to Sentencing Commission.--Pursuant to its authority
under section 994(p) of title 28, United States Code, and in accordance
with this section, the United States Sentencing Commission forthwith
shall review and amend its guidelines and its policy statements
applicable to persons convicted of an offense under sections 201, 641,
666, 1962 of title 18, United States Code in order to reflect the
intent of Congress that such penalties be increased in comparison to
those currently provided by guidelines and policy statements.
(b) Requirements.--In carrying out this subsection, the Commission
shall--
(1) ensure that the sentencing guidelines and policy
statements reflect Congress' intent that the guidelines and
policy statements reflect the serious nature of the offenses
described in paragraph (1), the growing incidence of such
offenses, and the need for an effective deterrent and
appropriate punishment to prevent such offenses;
(2) Consider the extent to which the guidelines may or may
not appropriately account for.--
(A) the potential and actual harm to the public and
the amount of any loss resulting from the offense;
(B) the level of sophistication and planning
involved in the offense;
(C) whether the offense was committed for purposes
of commercial advantage or private financial benefit;
(D) whether the defendant acted with intent to
cause either physical or property harm in committing
the offense;
(E) the extent to which the offense represented an
abuse of trust by the offender and was committed in a
manner that undermined public confidence in the
federal, state or local government; and
(F) whether the violation was intended to or had
the effect of creating a threat to public health or
safety, injury to any person or even death;
(3) assure reasonable consistency with other relevant
directives and with other sentencing guidelines;
(4) account for any additional aggravating or mitigating
circumstances that might justify exceptions to the generally
applicable sentencing ranges;
(5) make any necessary conforming changes to the sentencing
guidelines; and
(6) assure that the guidelines adequately meet the purposes
of sentencing as set forth in section 3553(a)(2) of title 18,
United States Code. | Clean Up Government Act of 2007 - Amends the federal criminal code to: (1) expand mail and wire fraud prohibitions to include fraudulent use of the mails or wire to obtain any thing of value (currently, limited to money or property); (2) expand venue for prosecutions of federal offenses; (3) increase prison terms for theft or bribery concerning programs receiving federal funds and for bribery of public officials and witnesses; (4) include theft of District of Columbia property in the federal crime of stealing public money, property or records; and (5) expand the definition of "official act" for purposes of the crime of bribery of public officials and witnesses.
Directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements to reflect congressional intent to increase penalties for public corruption. | To amend title 18, United States Code, to deter public corruption. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Claims Processing
Innovation Act of 2007''.
SEC. 2. ESTABLISHMENT OF WORK CREDIT SYSTEM FOR REGIONAL OFFICES OF
VETERANS BENEFITS ADMINISTRATION.
(a) Establishment of System.--Chapter 7 of title 38, United States
Code, is amended by adding at the end the following new section:
``Sec. 713. Veterans Benefits Administration work credit system
``(a) Establishment.--The Secretary shall establish a work credit
system for evaluating regional offices of the Veterans Benefits
Administration.
``(b) Credit for Claims.--Under the system established under
subsection (a), a regional office of the Veterans Benefits
Administration may only receive work credit for a claim assigned to
that regional office when the appellate period for the claim has
expired or the Board of Veterans Appeals has issued a final decision
with respect to the claim.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``713. Veterans Benefits Administration work credit system.''.
SEC. 3. ELECTRONIC PROCESSING OF CLAIMS FOR BENEFITS ADMINISTERED BY
SECRETARY OF VETERANS AFFAIRS.
(a) Electronic Processing of Claims.--
(1) In general.--Subtitle I of chapter 51 of title 38,
United States Code, as amended by section 3, is further amended
by adding at the end the following new section:
``Sec. 5109C. Electronic processing of claims
``(a) System Required.--The Secretary shall develop and maintain a
system for processing claims for disability compensation under this
title using artificial intelligence. Such system shall use medical and
military service data to generate recommendations with respect to
disability ratings.
``(b) Quarterly Reports.--During the period beginning on the date
that is 90 days after the date of the enactment of this section and
ending on the last day of the first full fiscal year after the fiscal
year during which the regional office required under section 351(c) of
this title is fully operational, the Secretary shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives quarterly reports on the status of the system required
under subsection (a) and the regional office required under such
section.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``5109C. Electronic processing of claims.''.
(b) Regional Office.--Section 315 of title 38, United States Code,
is amended by adding at the end the following new subsection:
``(c) The Secretary shall maintain a regional office at which all
claims for benefits under this title are processed exclusively
electronically. At such regional office, the Secretary shall--
``(1) maintain the system based on artificial intelligence
required under section 5109C of this title; and
``(2) electronically scan all files created by or submitted
to such office that relate to claimants or claims for such
benefits.''.
(c) Deadline for Implementation.--The Secretary of Veterans Affairs
shall establish a plan for establishing the regional office required
under subsection (c) of section 315 of title 38, United States Code, as
added by subsection (b), by not later than 90 days after the date of
the enactment of this Act.
SEC. 4. TREATMENT OF BENEFICIARY OF VETERAN'S ACCRUED BENEFITS AS
CLAIMANT FOR PURPOSES OF INCOMPLETE CLAIMS AS OF DEATH OF
VETERAN.
(a) In General.--Section 5102 of title 38, United States Code, is
amended by added at the end the following new subsection:
``(d) If a veteran who is a claimant dies before completing the
submission of a claim for any benefit under a law administered by the
Secretary, the person who would receive any accrued benefits due to the
veteran under section 5121(a)(2) of this title shall be treated as the
claimant for the purposes of completing the submission of the claim.''.
(b) Effective Date.--Subsection (d) of section 5102 of title 38,
United States Code, shall apply with respect to the claim of any
veteran who dies on or after the date of the enactment of this Act.
SEC. 5. EVALUATION OF TRAINING AND ASSESSMENT PROGRAMS FOR EMPLOYEES OF
VETERANS BENEFITS ADMINISTRATION.
(a) Evaluation Required.--The Secretary of Veterans Affairs shall
enter into a contract with a private entity with experience evaluating
quality assurance and benefits programs under which that entity shall--
(1) conduct an evaluation of the items required to be
included in the annual report of the Secretary under section
7734 of title 38, United States Code, that were included in the
last such report submitted before the date of the enactment of
this Act, that relate to the training and performance
assessment programs of the Department of Veterans Affairs for
employees of the Veterans Benefits Administration who are
responsible for matters relating to compensation or pension
benefits under the laws administered by the Secretary; and
(2) submit to the Secretary the results of such evaluation
not later than 180 days after the date of the enactment of this
Act.
(b) Submission of Results to Congress.--Not later than 180 days
after the date of the enactment of this Act, In the first annual report
required to be submitted to Congress under section 529 of title 38,
United States Code, submitted after the date on which the Secretary
receives the results of the evaluation required under subsection (a),
the Secretary shall include such results.
(c) Report.--Not later than 180 days after the date on which the
Secretary submits the report referred to in subsection (b), the
Secretary shall submit to Congress a report on any actions the
Secretary has taken or plans to take in response to the results of the
evaluation required under subsection (a). | Veterans Claims Processing Innovation Act of 2007 - Directs the Secretary of Veterans Affairs to establish a work credit system for evaluating regional offices of the Veterans Benefits Administration (VBA) with respect to veterans' claims processing.
Requires the Secretary to: (1) develop and maintain a system for processing veterans' disability compensation claims using artificial intelligence that utilizes medical and military service data to generate disability rating recommendations; and (2) maintain a regional office at which all such claims are processed exclusively electronically.
Provides that if a veteran who is a claimant dies before completing the submission of a claim for benefits, the person who would receive any accrued benefit(s) due to such veteran shall be treated as the claimant for purposes of completing submission of the claim.
Directs the Secretary to contract with a private entity to evaluate the training and assessment programs for VBA employees. | To amend title 38, United States Code, to improve the processing of claims for benefits administered by the Secretary of Veterans Affairs, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Gaming Regulatory Act
Amendments of 2004''.
SEC. 2. DEFINITIONS.
Section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703) is
amended--
(1) by redesignating paragraphs (3), (4), (5), (6), (7),
(8), and (10), as paragraphs (6), (7), (8), (3), (4), (5), and
(11), respectively; and
(2) by inserting after paragraph (9) the following:
``(10) Regulated person or entity.--The term `regulated
person or entity' means--
``(A) an Indian tribe;
``(B) a tribal operator of an Indian gaming
operation;
``(C) a management contractor engaged in Indian
gaming;
``(D) any person that is associated with--
``(i) a gaming operation, or any part of a
gaming operation, of an Indian tribe; or
``(ii) a gaming-related contractor of an
Indian tribe; and
``(E) any person that--
``(i) agrees, by contract or otherwise, to
provide a tribal gaming operation with
supplies, a service, or a concession with an
estimated value in excess of $25,000 annually
(not including a contract for a legal or
accounting service, commercial banking service,
or public utility service); or
``(ii) requests a suitability determination
by the Commission, or by an Indian tribe or
State, as part of an effort--
``(I) to acquire a direct financial
interest in, or management
responsibility for, a management
contract for operation of a tribal
gaming facility; or
``(II) to participate in a gaming-
related activity that requires a
licensing decision by an Indian tribe
or State.''.
SEC. 3. NATIONAL INDIAN GAMING COMMISSION.
Section 5 of the Indian Gaming Regulatory Act (25 U.S.C. 2704) is
amended--
(1) in subsection (b)(2)--
(A) in subparagraph (A), by striking ``(A)''; and
(B) by striking subparagraph (B);
(2) by striking subsection (c) and inserting the following:
``(c) Vacancies.--
``(1) In general.--A vacancy on the Commission shall be
filled in the same manner as the original appointment.
``(2) Service after expiration of term.--A member may serve
after the expiration of the member's term at the pleasure of
the officer of the United States who appointed the member.'';
and
(3) in the second sentence of subsection (e), by striking
``during meetings of the Commission in the absence of the
Chairman'' and inserting ``in the absence of, or during any
period of disability of, the Chairman''.
SEC. 4. POWERS OF CHAIRMAN.
Section 6 of the Indian Gaming Regulatory Act (25 U.S.C. 2705) is
amended--
(1) in subsection (a)--
(A) by striking ``, on behalf of the Commission,'';
(B) in paragraph (3), by striking ``and'' at the
end;
(C) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(5) to issue to a regulated person or entity an order
that--
``(A) requires an accounting and disgorgement, with
interest;
``(B) reprimands or censures; or
``(C) places a limitation on a gaming activity or
gaming function.''; and
(2) by adding at the end the following:
``(c) Delegation.--The Chairman may delegate to any member of the
Commission, on such terms and conditions as the Chairman may determine,
any power of the Chairman under subsection (a).
``(d) Manner of Exercise.--Authority under subsection (a) shall be
exercised in a manner that is consistent with--
``(1) due process of law;
``(2) this Act; and
``(3) the rules, findings, and determinations made by the
Commission in accordance with applicable law.''.
SEC. 5. POWERS OF THE COMMISSION.
Section 7 of the Indian Gaming Regulatory Act (25 U.S.C. 2706) is
amended--
(1) in subsection (a)(5), by striking ``permanent'' and
inserting ``final'';
(2) in subsection (b)--
(A) in paragraphs (1), (2), and (4), by inserting
``and class III gaming'' after ``class II gaming'';
(B) in paragraph (9), by striking ``and'' at the
end;
(C) in paragraph (10), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(11) may, in case of contumacy by, or refusal to obey any
subpoena issued to, any person, request the Attorney General to
invoke the jurisdiction of any court of the United States,
within the geographical jurisdiction of which a person to whom
the subpoena was directed is an inhabitant, is domiciled, is
organized, has appointed an agent for service of process,
transacts business, or is found, to compel compliance with the
subpoena to require the attendance and testimony of witnesses
and the production of records; and
``(12) subject to subsection (c), may accept gifts on
behalf of the Commission.''; and
(3) by striking subsection (c) and inserting the following:
``(c) Gifts.--
``(1) In general.--The Commission shall not accept a gift--
``(A) that attaches a condition that is
inconsistent with any applicable law (including a
regulation); or
``(B) that is conditioned on, or will require, the
expenditure of appropriated funds that are not
available to the Commission.
``(2) Regulations.--The Commission shall promulgate
regulations specifying the criteria to be used to determine
whether the acceptance of a gift would--
``(A) adversely affect the ability of the
Commission or any employee of the Commission to carry
out the duties of the Commission in a fair and
objective manner; or
``(B) compromise the integrity or the appearance of
the integrity of any official involved in a program of
the Commission.
``(d) Regulatory Plan.--
``(1) In general.--The Commission shall develop a
nonbinding regulatory plan for use in carrying out activities
of the Commission.
``(2) Treatment.--In developing the regulatory plan, the
Commission shall not be bound by chapter 6 of title 5, United
States Code.
``(3) Contents.--The regulatory plan shall include--
``(A) a comprehensive mission statement describing
the major functions and operations of the Commission;
``(B) a description of the goals and objectives of
the Commission;
``(C) a description of the general means by which
those goals and objectives are to be achieved,
including a description of the operational processes,
skills, and technology and the human resources,
capital, information, and other resources required to
achieve those goals and objectives;
``(D) a performance plan for achievement of those
goals and objectives, including provision for a report
on the actual performance of the Commission as measured
against the goals and objectives;
``(E) an identification of the key factors that are
external to, or beyond the control of, the Commission
that could significantly affect the achievement of
those goals and objectives; and
``(F) a description of the program evaluations used
in establishing or revising those goals and objectives,
including a schedule for future program evaluations.
``(4) Duration.--The regulatory plan shall cover a period
of not less than 5 fiscal years, beginning with the fiscal year
in which the plan is developed.
``(5) Revision.--The regulatory plan shall be revised
biennially.''.
SEC. 6. COMMISSION STAFFING.
Section 8 of the Indian Gaming Regulatory Act (25 U.S.C. 2707) is
amended--
(1) in subsection (a), by striking ``basic pay payable for
GS-18 of the General Schedule under section 5332 of title 5''
and inserting ``pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United States Code, as
adjusted under section 5318 of that title'';
(2) in the second sentence of subsection (b), by striking
``basic pay payable for GS-17 of the General Schedule under
section 5332 of that title'' and inserting ``pay payable for
level IV of the Executive Schedule under section 5315 of title
5, United States Code, as adjusted under section 5318 of that
title''; and
(3) in subsection (c), by striking ``basic pay payable for
GS-18 of the General Schedule'' and inserting ``pay payable for
level IV of the Executive Schedule under section 5315 of title
5, United States Code, as adjusted under section 5318 of that
title''.
SEC. 7. TRIBAL GAMING ORDINANCES.
Section 11 of the Indian Gaming Regulatory Act (25 U.S.C. 2710) is
amended--
(1) in subsection (b)(2)(F)(i)--
(A) by inserting ``tribal gaming commissioners, key
tribal gaming commission employees, and'' after
``conducted on'';
(B) by inserting ``primary management officials and
key employees'' after ``oversight of''; and
(C) by striking ``such officials and their
management''; and
(2) in subsection (d)(9), by striking ``the provisions of
subsections (b), (c), (d), (f), (g), and (h) of''.
SEC. 8. MANAGEMENT CONTRACTS.
Section 12(a)(1) of the Indian Gaming Regulatory Act (25 U.S.C.
2711(a)(1)) is amended by inserting ``or a class III gaming activity
that the Indian tribe may engage in under section 11(d)'' after
``section 11(b)(1)''.
SEC. 9. CIVIL PENALTIES.
Section 14 of the Indian Gaming Regulatory Act (25 U.S.C. 2713) is
amended--
(1) by striking the section heading and all that follows
through ``provide such tribal operator or management
contractor'' in subsection (a)(3) and inserting the following:
``SEC. 14. CIVIL PENALTIES.
``(a) In General.--
``(1) Levy and collection.--Subject to such regulations as
the Commission may promulgate, the Chairman shall have
authority to--
``(A) levy and collect appropriate civil fines, not
to exceed $25,000 per violation, per day;
``(B) issue orders requiring accounting and
disgorgement, including interest; and
``(C) issue orders of reprimand, censure, or the
placement of limitations on gaming activities and
functions of any regulated person or entity for any
violation of any provision of this Act, Commission
regulations, or tribal regulations, ordinances, or
resolutions approved under section 11 or 13.
``(2) Appeal.--The Commission shall by regulation provide
an opportunity for an appeal and hearing before the Commission
of an action taken under paragraph (1).
``(3) Complaint.--If the Commission has reason to believe
that a regulated person or entity is engaged in activities
regulated by this Act (including regulations promulgated under
this Act), or by tribal regulations, ordinances, or resolutions
approved under section 11 or 13, that may result in the
imposition of a fine under subsection (a)(1), the permanent
closure of a game, or the modification or termination of a
management contract, the Commission shall provide the regulated
person or entity.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``game'' and
inserting ``gaming operation, or any part of a gaming
operation,''; and
(B) in paragraph (2)--
(i) in the first sentence, by striking
``permanent'' and inserting ``final''; and
(ii) in the second sentence, by striking
``order a permanent closure of the gaming
operation'' and inserting ``make final the
order of closure''; and
(3) in subsection (c), by striking ``permanent closure''
and inserting ``closure, accounting, disgorgement, reprimand,
or censure or placement of a limitation on a gaming activity or
function''.
SEC. 10. SUBPOENA AND DEPOSITION AUTHORITY.
Section 16 of the Indian Gaming Regulatory Act (25 U.S.C. 2715) is
amended--
(1) by striking subsection (c) and inserting the following:
``(c) Judicial Enforcement.--On application of the Attorney
General, a district court of the United States shall have jurisdiction
to issue a writ of mandamus, injunction, or order commanding any person
to comply with this Act.'';
(2) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively, and inserting
after subsection (c) the following:
``(d) Failure To Obey Subpoena.--
``(1) In general.--In case of a failure to obey a subpoena
issued by the Commission or the Chairman and on request of the
Commission or Chairman, the Attorney General may apply to the
United States District Court for the District of Columbia or
any United States district court within the geographical
jurisdiction of which a person to whom the subpoena was
directed is an inhabitant, is domiciled, is organized, has
appointed an agent for service of process, transacts business
or is found, to compel compliance with the subpoena.
``(2) Remedies.--On application under paragraph (1), the
court shall have jurisdiction to--
``(A) issue a writ commanding the person to comply
with the subpoena; or
``(B) punish a failure to obey the writ as a
contempt of court.
``(3) Process.--Process to a person in any proceeding under
this subsection may be served wherever the person may be found
in the United States or as otherwise authorized by law or by
rule or order of the court.''.
SEC. 11. COMMISSION FUNDING.
Section 18(a)(2) of the Indian Gaming Regulatory Act (25 U.S.C.
2717(a)(2)) is amended by striking subparagraph (B) and inserting the
following:
``(B) Limitation.--The total amount of all fees
imposed during any fiscal year under the schedule
established under paragraph (1) shall not exceed 0.080
percent of the gaming revenues of all gaming operations
subject to regulation by the Commission.''.
SEC. 12. PRESERVATION OF EXISTING STATUS.
Nothing in this Act or any amendment made by this Act expands,
limits, or otherwise affects any immunity that an Indian tribe may have
under applicable law. | Indian Gaming Regulatory Act Amendments of 2004 - Amends the Indian Gaming Regulatory Act to define a regulated person or entity to be a Indian tribe, a tribal operator of an Indian gaming operation, or any related management contractor or associated person, including certain concessionaires.
Revises procedures for filling vacancies on the National Indian Gaming Commission and the powers of the Chairman.
Directs the Commission to monitor, inspect, and access records of class III gaming. Authorizes it, in the case of contumacy by, or refusal to obey any subpoena issued to, any person, to request the Attorney General to invoke the jurisdiction of any U.S. court to compel compliance.
Authorizes the Commission to accept gifts on its behalf, subject to specified prohibitions.
Requires the Commission to develop a nonbinding minimum five-year regulatory plan to carry out its activities.
Adjusts the salary of the General Counsel to the Commission and of other staff.
Requires Commission Chairman approval of any tribal gaming ordinance that provides for a system ensuring background investigations and continuing oversight of tribal gaming commissioners and key tribal gaming commission employees (as well as primary management officials and key employees of a class II gaming enterprise, as under current law).
Allows an Indian tribe to enter into a management contract for the operation and management of a class III gaming activity, subject to specified requirements currently applicable to class II gaming management contracts.
Revises the authority of the Chairman to levy and collect appropriate civil fines up to $25,000 per violation to specify up to $25,000 per violation, per day. Authorizes the Chairman to issue orders: (1) requiring accounting and disgorgement, including interest; and (2) of reprimand, censure, or the placement of limitations on gaming activities and functions of any regulated person or entity for violations of Federal law or Commission or tribal regulations or ordinances.
Requires the Commission to provide the regulated person or entity (currently, the tribal operator of an Indian game or a management contractor) with a written complaint if the Commission has reason to believe that such person or entity is engaged in specified activities.
Authorizes Federal court enforcement of Commission subpoenas.
Limits the schedule of fees to be paid to the Commission by each gaming operation that conducts a class II or class III gaming activity during any fiscal year to 0.080 percent of the gaming revenues. | A bill to amend the Indian Gaming Regulatory Act of 1988 to revise the fee cap on National Indian Gaming Commission funding and make certain technical amendments. |
SECTION 1. ENHANCED SECURITY FOR AIRCRAFT.
(a) Security for Larger Aircraft.--
(1) Program required.--Not later than 90 days after the
date of the enactment of this Act, the Administrator of the
Federal Aviation Administration shall commence implementation
of a program to provide security screening for all aircraft
operations conducted with respect to any aircraft having a
maximum certified takeoff weight of more than 12,500 pounds
that is not operating as of the date of the implementation of
the program under security procedures prescribed by the
Administrator.
(2) Waiver.--
(A) Authority to waive.--The Administrator may
waive the applicability of the program under paragraph
(1) with respect to any aircraft or class of aircraft
otherwise described by that paragraph if the
Administrator determines that aircraft described in
that paragraph can be operated safely without the
applicability of the program to such aircraft or class
of aircraft, as the case may be.
(B) Limitations.--A waiver under subparagraph (A)
may not go into effect--
(i) unless approved by the Secretary of
Transportation; and
(ii) until 10 days after the date on which
notice of the waiver has been submitted to the
appropriate committees of Congress.
(3) Program elements.--The program under paragraph (1)
shall require the following:
(A) The search of any aircraft covered by the
program before takeoff.
(B) The screening of all crew members, passengers,
and other persons boarding any aircraft covered by the
program, and their property to be brought on board such
aircraft, before boarding.
(4) Procedures for searches and screening.--The
Administrator shall develop procedures for searches and
screenings under the program under paragraph (1). Such
procedures may not be implemented until approved by the
Secretary.
(b) Security for Smaller Aircraft.--
(1) Program required.--Not later than one year after the
date of the enactment of this Act, the Administrator shall
commence implementation of a program to provide security for
all aircraft operations conducted with respect to any aircraft
having a maximum certified takeoff weight of 12,500 pounds or
less that is not operating as of the date of the implementation
of the program under security procedures prescribed by the
Administrator. The program shall address security with respect
to crew members, passengers, baggage handlers, maintenance
workers, and other individuals with access to aircraft covered
by the program, and to baggage.
(2) Report on program.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
to the appropriate committees of Congress a report containing a
proposal for the program to be implemented under paragraph (1).
(c) Background Checks for Aliens Engaged in Certain Transactions
Regarding Aircraft.--
(1) Requirement.--Notwithstanding any other provision of
law and subject to paragraph (3), no person or entity may sell,
lease, or charter any aircraft to an alien, or any other
individual specified by the Secretary for purposes of this
subsection, within the United States unless the Attorney
General issues a certification of the completion of a
background investigation of the alien, or other individual, as
the case may be, that meets the requirements of paragraph (2).
(2) Background investigation.--A background investigation
or an alien or individual under this subsection shall consist
of the following:
(A) A determination whether or not there is a
record of a criminal history for the alien or
individual, as the case may be, and, if so, a review of
the record.
(B) In the case of an alien, a determination of the
status of the alien under the immigration laws of the
United States.
(C) A determination whether the alien or
individual, as the case may be, presents a risk to the
national security of the United States.
(3) Expiration.--The prohibition in paragraph (1) shall
expire as follows:
(A) In the case of an aircraft having a maximum
certified takeoff weight of more than 12,500 pounds,
upon implementation of the program required by
subsection (a).
(B) In the case of an aircraft having a maximum
certified takeoff weight of 12,500 pounds or less, upon
implementation of the program required by subsection
(b).
(4) Alien defined.--In this subsection, the term ``alien''
has the meaning given that term in section 101(a)(3) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(3)).
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Commerce, Science, and Transportation
of the Senate; and
(2) the Committee on Commerce of the House of
Representatives. | Directs the Administrator of the Federal Aviation Administration to implement programs to provide security screening for all aircraft operations conducted with respect to any larger aircraft (with a maximum certified takeoff weight of more than 12,500 pounds) and any smaller aircraft (12,500 pounds or under) that are not operating under security procedures prescribed by the Administrator. Authorizes a waiver of such requirement to aircraft that can be operated safely without such a program.Prohibits a person or entity from selling, leasing, or chartering an aircraft to an alien, or any other individual specified by the Secretary of Transportation, within the United States unless the Attorney General certifies completion of a background investigation of the alien (or other individual) that meets specified requirements. | A bill to provide for enhanced security with respect to aircraft. |
SECTION 1. FINDINGS.
(a) The Congress makes the following findings:
(1) The free exchange of ideas and information through
modern, reliable telecommunications equipment fosters the
development of democratic institutions, the promotion of free
market economic reforms, and the facilitation of international
commerce.
(2) Exports of advanced telecommunications equipment and
technology contribute to United States economic competitiveness
and high-skill, high-wage jobs in the United States.
(3) Export restrictions on telecommunications equipment and
technology are outdated, controlling the export of equipment
and technology that is more than 10 years old and has over 15
times less capacity than similar equipment and technology in
use today in the United States.
(4) Foreign availability of telecommunications equipment
and technology exists both from countries that do not belong to
or cooperate with the Coordinating Committee for Multilateral
Export Controls, and from within countries to which exports of
such equipment and technology are controlled by agreement of
the Coordinating Committee.
SEC. 2. EXPORT CONTROLS ON TELECOMMUNICATIONS.
(a) In General.--Section 5(c) of the Export Administration Act of
1979 (50 U.S.C. App. 2404(c)) is amended by adding at the end the
following:
``(8)(A) The Secretary shall, not later than 30 days after
the date of the enactment of this paragraph, propose to the
Coordinating Committee that exports of telecommunications
equipment and telecommunications technology for civil end uses
shall not require a validated license for export to any of the
republics of the former Soviet Union, the People's Republic of
China, Poland, the Czech Republic, Slovakia, Bulgaria, Romania,
Albania, Estonia, Lithuania, or Latvia.
``(B) For purposes of this paragraph--
``(i) the term `telecommunications equipment'
includes--
``(I) telephone switching systems and
stored program controlled communications
switching systems, including related features
and components that provide services and
management of telecommunications networks;
``(II) telecommunications transmission
equipment;
``(III) microwave, light wave, and other
radio relay, transmitting, or test equipment,
and related components and accessories;
``(IV) telecommunications cables and
components, including optical fibers and
optical fiber cables;
``(V) equipment containing frequency
synthesizers when used in land-based mobile
communications systems;
``(VI) equipment described in any of
subclauses (I) through (V), or any other
telecommunications equipment, that contains
lasers;
``(VII) computer hardware and application
specific software which are related to any of
the items described in clauses (I) through (VI)
and are required for data communications; and
``(VIII) all spare parts, components, and
measuring or test equipment related to any of
the items described in subclauses (I) through
(VII);
``(ii) the term `telecommunications technology'
means technology related to telecommunications
equipment, including technology for the production,
development, and use of telecommunications equipment;
``(iii) the term `telecommunications networks'
includes local area, intracity, intercity, and
international telecommunications networks; and
``(iv) the term `telecommunications' means voice,
video, and data communications over any public or
private network or broadcasting system, and services
related to such communications.''.
(b) Report.--Not later than 60 days after the date of the enactment
of this Act, the President shall submit to the Speaker of the House of
Representatives and the Committee on Banking, Housing, and Urban
Affairs of the Senate a report certifying that the proposal required by
section 5(c)(8) of the Export Administration Act of 1979 (as added by
subsection (a) of this section) has been made to the members of the
Coordinating Committee and outlining the plans to gain the concurrence
of the other members of the Committee in the proposal. | Directs the Secretary of Commerce to propose to the Coordinating Committee for Multilateral Export Controls that exports of telecommunications technology for civil end uses shall not require a validated license for export to any of the republics of the former Soviet Union, China, Poland, the Czech Republic, Slovakia, Bulgaria, Romania, Albania, Estonia, Lithuania, or Latvia.
Requires the President to submit to specified congressional committees a report that certifies that such proposal was made and that outlines plans to gain the concurrence of other Coordinating Committee members in the proposal. | To liberalize controls on the export of telecommunications equipment and technology in order to promote democracy and free communication and enhance economic competitiveness. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Erroneous Payments Recovery Act of
2001''.
SEC. 2. IDENTIFICATION OF ERRORS MADE BY EXECUTIVE AGENCIES IN PAYMENTS
TO CONTRACTORS AND RECOVERY OF AMOUNTS ERRONEOUSLY PAID.
(a) Program Required.--The head of each executive agency that
enters into contracts with a total value in excess of $500,000,000 in a
fiscal year shall carry out a cost-effective program for identifying
any errors made in paying the contractors and for recovering any
amounts erroneously paid to the contractors.
(b) Recovery Audits and Activities.--A program of an executive
agency under subsection (a) shall include recovery audits and recovery
activities. The head of the executive agency shall determine, in
accordance with guidance provided under subsection (c), the classes of
contracts to which recovery audits and recovery activities are
appropriately applied.
(c) OMB Guidance.--The Director of the Office of Management and
Budget shall issue guidance for the conduct of programs under
subsection (a). The guidance shall include the following:
(1) Definitions of the terms ``recovery audit'' and
``recovery activity'' for the purposes of the programs.
(2) The classes of contracts to which recovery audits and
recovery activities are appropriately applied under the
programs.
(3) Protections for the confidentiality of--
(A) sensitive financial information that has not
been released for use by the general public; and
(B) information that could be used to identify a
person.
(4) Policies and procedures for ensuring that the
implementation of the programs does not result in duplicative
audits of contractor records.
(5) Policies regarding the types of contracts executive
agencies may use for the procurement of recovery services,
including guidance for use, in appropriate circumstances, of a
contingency contract pursuant to which the head of an executive
agency may pay a contractor an amount equal to a percentage of
the total amount collected for the United States pursuant to
that contract.
(6) Protections for a contractor's records and facilities
through restrictions on the authority of a contractor under a
contract for the procurement of recovery services for an
executive agency--
(A) to require the production of any record or
information by any person other than an officer,
employee, or agent of the executive
agency;
(B) to establish, or otherwise have, a physical
presence on the property or premises of any private
sector entity for the purposes of performing the
contract; or
(C) to act as agents for the Government in the
recovery of funds erroneously paid to contractors.
(7) Policies for the appropriate types of management
improvement programs authorized by section 5 that executive
agencies may carry out to address overpayment problems and the
recovery of overpayments.
SEC. 3. DISPOSITION OF RECOVERED FUNDS.
(a) Availability of Funds for Recovery Audits and Activities
Program.--Funds collected under a program carried out by an executive
agency under section 2 shall be available to the executive agency,
without further appropriation, for the following purposes:
(1) To reimburse the actual expenses incurred by the
executive agency in the administration of the program.
(2) To pay contractors for services under the program in
accordance with the guidance issued under section 2(c)(5).
(b) Funds Not Used for Program.--Any amounts erroneously paid by an
executive agency that are recovered under such a program of an
executive agency and are not used to reimburse expenses or pay
contractors under subsection (a)--
(1) shall be credited to the appropriations from which the
erroneous payments were made that remain available for
obligation as of the time such amounts were collected, shall be
merged with other amounts in those appropriations, and shall be
available for the purposes and period for which such
appropriations are available; or
(2) if no such appropriation remains available for
obligation at that time, shall be disposed of as provided in
subsection (c).
(c) Other Dispositions.--Of the total amount collected under such a
program of an executive agency that is to be disposed of under this
subsection--
(1) up to 25 percent of such amount may be expended by the
head of the executive agency for carrying out any management
improvement program of the executive agency under section 5;
and
(2) the remainder of that total amount, including any
amount not expended under paragraph (1), shall be deposited in
the Treasury as miscellaneous receipts.
(d) Priority of Other Authorized Dispositions.--Notwithstanding
subsections (b) and (c), the authority under such subsections may not
be exercised to use, credit, or deposit funds collected under such a
program as provided in those subsections to the extent that any other
provision of law requires or authorizes the crediting of such funds to
a nonappropriated fund instrumentality, revolving fund, working-capital
fund, trust fund, or other fund or account.
SEC. 4. SOURCES OF RECOVERY SERVICES.
(a) Consideration of Available Recovery Resources.--(1) In carrying
out a program under section 2, the head of an executive agency shall
consider all resources available to that official to carry out the
program.
(2) The resources considered by the head of an executive agency for
carrying out the program shall include the resources available to the
executive agency for such purpose from the following sources:
(A) The executive agency.
(B) Other departments and agencies of the United States.
(C) Private sector sources.
(b) Compliance With Applicable Law and Regulations.--Before
entering into a contract with a private sector source for the
performance of services under a program of the executive agency carried
out under section 2, the head of an executive agency shall comply
with--
(1) any otherwise applicable provisions of Office of
Management and Budget Circular A-76; and
(2) any other applicable provision of law or regulation
with respect to the selection between employees of the United
States and private sector sources for the performance of
services.
SEC. 5. MANAGEMENT IMPROVEMENT PROGRAMS.
In accordance with guidance provided by the Director of the Office
of Management and Budget under section 2, the head of an executive
agency required to carry out a program under section 2 may carry out a
program for improving management processes within the executive
agency--
(1) to address problems that contribute directly to the
occurrence of errors in the paying of contractors of the
executive agency; or
(2) to improve the recovery of overpayments due to the
agency.
SEC. 6. REPORTS.
(a) Requirement for Reports.--Not later than 30 months after the
date of the enactment of this Act, and annually for each of the first
two years following the year of the first report, the Director of the
Office of Management and Budget shall submit to the House Committee on
Government Reform and the Senate Committee on Governmental Affairs, a
report on the implementation of this Act.
(b) Content.--Each report shall include--
(1) a general description and evaluation of the steps taken
by the heads of executive agencies to carry out the programs
under this Act, including any management improvement programs
carried out under section 5;
(2) the costs incurred by executive agencies to carry out
the programs under this Act; and
(3) the amounts recovered under the programs under this
Act.
SEC. 7. RELATIONSHIP TO AUTHORITY OF INSPECTORS GENERAL.
Nothing in this Act shall be construed as impairing the authority
of an Inspector General under the Inspector General Act of 1978 or any
other provision of law.
SEC. 8. PRIVACY PROTECTIONS.
(a) Prohibition.--Any nongovernmental entity that, in the course of
recovery auditing or recovery activity under this Act, obtains
information that identifies an individual or with respect to which
there is a reasonable basis to believe that the information can be used
to identify an individual, may not disclose the information for any
purpose other than such recovery auditing or recovery activity and
governmental oversight of such activity, unless disclosure for that
other purpose is authorized by the individual to the executive agency
that contracted for the performance of the recovery auditing or
recovery activity.
(b) Liability.--Any person that violates subsection (a) shall be
liable for any damages (including nonpecuniary damages), costs, and
attorneys fees incurred by the individual as a result of the violation.
SEC. 9. DEFINITION.
In this Act, the term ``executive agency'' has the meaning given
the term in section 4(1) of the Office of Federal Procurement Policy
Act (41 U.S.C. 403(1)). | Erroneous Payments Recovery Act of 2001 - Requires each executive agency that enters into contracts with a total value in excess of $500 million in a fiscal year to carry out a cost-effective program for: (1) identifying errors made in paying contractors; and (2) recovering amounts erroneously paid. Requires the Director of the Office of Management and Budget to issue guidance for conducting such programs.Requires funds collected under such a program to be available to reimburse the agency for program expenses and to pay contractors for recovery services under the program. Requires remaining recovered amounts: (1) to be credited to the appropriations from which such payments were made that remain available for obligation; or (2) if no such appropriation remains available, to be disposed of by the affected agency head for carrying out a management improvement program (25 percent) with the remainder to be deposited in the Treasury. | To require certain executive agencies to carry out a cost-effective program for identifying any errors made in paying contractors and for recovering any amounts erroneously paid to contractors. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unemployed Workers Hiring Act of
2011''.
SEC. 2. TEMPORARY PAYROLL TAX REDUCTION FOR NEWLY HIRED EMPLOYEES.
(a) Employer.--
(1) In general.--Paragraph (1) of section 3111(d) of the
Internal Revenue Code of 1986 is amended by striking so much as
precedes subparagraph (A) and inserting the following:
``(1) In general.--Subsection (a) shall not apply to wages
paid by a qualified employer with respect to employment of any
qualified individual during the 1-year period beginning with
the date the individual's employment with the employer began
for services performed--''.
(2) Qualified individual.--Paragraph (3) of section 3111(d)
of such Code is amended--
(A) by striking subparagraphs (A) and (B) and
inserting the following new subparagraphs:
``(A) begins employment with a qualified employer
during the 2-year period beginning after the date of
the enactment of the Unemployed Workers Hiring Act of
2011,
``(B) certifies by signed affidavit, under
penalties of perjury, that such individual on the day
before the date the employee begins work for the
employer was in receipt of unemployment compensation
under State or Federal law or was unemployed and had
exhausted the right to such unemployment
compensation,'', and
(B) by striking ``and'' at the end of subparagraph
(C), by striking the period at the end of subparagraph
(D), and by adding at the end the following new
subparagraphs:
``(E) prior to the date the employment with the
employer begins, has not been employed by the employer
at any time, and
``(F) is employed on average at least 30 hours of
service per week.''.
(3) Recapture.--Subsection (d) of section 3111 of such Code
is amended by adding at the end the following new paragraph:
``(6) Recapture.--
``(A) In general.--In any case in which an
individual ceases to be a qualified individual with
respect to the employer during the 1-year period
beginning with the date the individual's employment
with the employer began, the tax imposed under
subsection (a) with respect to individuals in his
employ shall be increased by the amount such tax was
reduced with respect to such individual by reason of
paragraph (1).
``(B) Due date.--The increase in tax under
subparagraph (A) shall be paid over to the Secretary--
``(i) not later than 30 days after the date
such individual first ceases to be a qualified
individual during such 1-year period, and
``(ii) in the same manner as deposits are
made under section 6302 of taxes imposed on
such employer under subsection (a) with respect
to individuals in his employ.''.
(b) Employee.--Section 3101 of such Code is amended by adding at
the end the following new subsection:
``(d) Temporary Exemption for Newly Hired Unemployed Individuals.--
In the case of a qualified individual (as defined in section
3111(d)(3)) of a qualified employer (as defined in section 3111(d)(2)),
subsection (a) shall not apply with respect to the wages of such
individual with respect to employment with such employer during the 1-
year period beginning with the date such employee began work for such
employer.''.
(c) Application to Railroad Retirement Taxes.--
(1) Employers.--
(A) In general.--Paragraph (1) of section 3221(c)
of such Code is amended to read as follows:
``(1) In general.--In the case of compensation paid by a
qualified employer--
``(A) with respect to having a qualified individual
in the employer's employ for services rendered to such
qualified employer, and
``(B) during the 1-year period beginning with the
date any qualified individual's employment with such
employer began,
the applicable percentage under subsection (a) shall be equal
to the rate of tax in effect under section 3111(b) for the
calendar year.''.
(2) Qualified individual.--Paragraph (3) of section 3221(c)
of such Code is amended--
(A) by striking subparagraphs (A) and (B) and
inserting the following new subparagraphs:
``(A) begins employment with a qualified employer
during the 2-year period beginning after the date of
the enactment of the Unemployed Workers Hiring Act of
2011,
``(B) certifies by signed affidavit, under
penalties of perjury, that such individual on the day
before the date the employee begins work for the
employer was in receipt of unemployment compensation
under State or Federal law or was unemployed and had
exhausted the right to such unemployment
compensation,'', and
(B) by striking ``and'' at the end of subparagraph
(C), by striking the period at the end of subparagraph
(D), and by adding at the end the following new
subparagraphs:
``(E) prior to the date the employment with the
employer begins, has not been employed by the employer
at any time, and
``(F) is employed on average at least 30 hours of
service per week.''.
(3) Recapture.--Subsection (c) of section 3221 of such Code
is amended by adding at the end the following new paragraph:
``(6) Recapture.--
``(A) In general.--In any case in which an
individual ceases to be a qualified individual with
respect to the employer during the 1-year period
beginning with the date the individual's employment
with the employer began, the tax imposed under
subsection (a) with respect to individuals in his
employ shall be increased by the amount such tax was
reduced with respect to such individual by reason of
paragraph (1).
``(B) Due date.--The increase in tax under
subparagraph (A) shall be paid over to the Secretary--
``(i) not later than 30 days after the date
such individual first ceases to be a qualified
individual during such 1-year period, and
``(ii) in the same manner as deposits are
made under section 6302 of taxes imposed on
such employer under subsection (a) with respect
to individuals in his employ.''.
(4) Employee.--Section 3201 of such Code is amended by
redesignating subsection (c) as subsection (d) and by inserting
after subsection (b) the following new subsection:
``(c) Temporary Exemption for Newly Hired Unemployed Individuals.--
In the case of a qualified individual (as defined in section
3221(c)(3)) employed by a qualified employer (as defined in section
3221(c)(2), the applicable percentage with respect to compensation
received during the 1-year period beginning with the date such
qualified individual's employment with such employer began shall be
equal to the rate of tax in effect under section 3101(b) for the
calendar year.''.
(d) Guidance.--The Secretary of the Treasury shall provide such
guidance as is necessary or appropriate to carry out the purposes of
the amendments made by this section.
(e) Transfers to Federal Old-Age and Survivors Insurance Trust
Fund.--There are hereby appropriated to the Federal Old-Age and
Survivors Trust Fund and the Federal Disability Insurance Trust Fund
established under section 201 of the Social Security Act (42 U.S.C.
401) amounts equal to the reduction in revenues to the Treasury by
reason of the amendments made by subsections (a) and (b). Amounts
appropriated by the preceding sentence shall be transferred from the
general fund at such times and in such manner as to replicate to the
extent possible the transfers which would have occurred to such Trust
Fund had such amendments not been enacted.
(f) Transfers to Social Security Equivalent Benefit Account.--There
are hereby appropriated to the Social Security Equivalent Benefit
Account established under section 15A(a) of the Railroad Retirement Act
of 1974 (45 U.S.C. 231n-1(a)) amounts equal to the reduction in
revenues to the Treasury by reason of the amendments made by subsection
(c). Amounts appropriated by the preceding sentence shall be
transferred from the general fund at such times and in such manner as
to replicate to the extent possible the transfers which would have
occurred to such Account had such amendments not been enacted.
(g) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this subsection shall apply to wages paid
after the date of the enactment of this Act.
(2) Railroad retirement taxes.--The amendments made by
subsection (c) shall apply to compensation paid after the date
of the enactment of this Act. | Unemployed Workers Hiring Act of 2011 - Amends the Internal Revenue Code to exempt employers and employees from employment taxes for up to one year for wages paid to new employees who had exhausted all unemployment benefits prior to the start of their employment and who are working on average at least 30 hours a week. | To amend the Internal Revenue Code of 1986 to provide payroll tax relief to encourage the hiring of unemployed individuals, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep Our Promise to America's
Military Retirees Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) No statutory health care program existed for members of
the uniformed services who entered service prior to June 7,
1956, and retired after serving a minimum of 20 years or by
reason of a service-connected disability.
(2) Recruiters for the uniformed services are agents of the
United States Government and employed recruiting tactics that
allowed members who entered the uniformed services prior to
June 7, 1956, to believe they would be entitled to fully-paid
lifetime health care upon retirement.
(3) Statutes enacted in 1956 entitled those who entered
service on or after June 7, 1956, and retired after serving a
minimum of 20 years or by reason of a service-connected
disability, to medical and dental care in any facility of the
uniformed services, subject to the availability of space and
facilities and the capabilities of the medical and dental
staff.
(4) After 4 rounds of base closures between 1988 and 1995
and further drawdowns of remaining military medical treatment
facilities, access to ``space available'' health care in a
military medical treatment facility is virtually nonexistent
for many military retirees.
(5) The military health care benefit of ``space available''
services and medicare is no longer a fair and equitable benefit
as compared to benefits for other retired Federal employees.
(6) The failure to provide adequate health care upon
retirement is preventing the retired members of the uniformed
services from recommending, without reservation, that young men
and women make a career of any military service.
(7) Although provisions enacted in the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (Public
Law 106-398) extended coverage under the TRICARE program to
medicare eligible military retirees age 65 and older, those
provisions did not address the health care needs of military
retirees under the age of 65.
(8) The United States should establish health care that is
fully paid by the sponsoring agency under the Federal Employees
Health Benefits program for members who entered active duty on
or prior to June 7, 1956, and who subsequently earned
retirement.
(9) The United States should reestablish adequate health
care for all retired members of the uniformed services that is
at least equivalent to that provided to other retired Federal
employees by extending to such retired members of the uniformed
services the option of coverage under the Federal Employees
Health Benefits program.
SEC. 3. COVERAGE OF MILITARY RETIREES UNDER THE FEDERAL EMPLOYEES
HEALTH BENEFITS PROGRAM.
(a) Earned Coverage for Certain Retirees and Dependents.--Chapter
89 of title 5, United States Code, is amended--
(1) in section 8905, by adding at the end the following new
subsection:
``(i) For purposes of this section, the term `employee' includes a
retired member of the uniformed services (as defined in section
101(a)(5) of title 10) who began service before June 7, 1956. A
surviving widow or widower of such a retired member may also enroll in
an approved health benefits plan described by section 8903 or 8903a of
this title as an individual.''; and
(2) in section 8906(b)--
(A) in paragraph (1), by striking ``paragraphs (2)
and (3)'' and inserting ``paragraphs (2) through (5)'';
and
(B) by adding at the end the following new
paragraph:
``(5) In the case of an employee described in section 8905(i) or
the surviving widow or widower of such an employee, the Government
contribution for health benefits shall be 100 percent, payable by the
department from which the employee retired.''.
(b) Coverage for Other Retirees and Dependents.--(1) Section 1108
of title 10, United States Code, is amended to read as follows:
``Sec. 1108. Health care coverage through Federal Employees Health
Benefits program
``(a) FEHBP Option.--The Secretary of Defense, after consulting
with the other administering Secretaries, shall enter into an agreement
with the Office of Personnel Management to provide coverage to eligible
beneficiaries described in subsection (b) under the health benefits
plans offered through the Federal Employees Health Benefits program
under chapter 89 of title 5.
``(b) Eligible Beneficiaries; Coverage.--(1) An eligible
beneficiary under this subsection is
``(A) a member or former member of the uniformed services
described in section 1074(b) of this title;
``(B) an individual who is an unremarried former spouse of
a member or former member described in section 1072(2)(F) or
1072(2)(G);
``(C) an individual who is--
``(i) a dependent of a deceased member or former
member described in section 1076(b) or 1076(a)(2)(B) of
this title or of a member who died while on active duty
for a period of more than 30 days; and
``(ii) a member of family as defined in section
8901(5) of title 5; or
``(D) an individual who is--
``(i) a dependent of a living member or former
member described in section 1076(b)(1) of this title;
and
``(ii) a member of family as defined in section
8901(5) of title 5.
``(2) Eligible beneficiaries may enroll in a Federal Employees
Health Benefit plan under chapter 89 of title 5 under this section for
self-only coverage or for self and family coverage which includes any
dependent of the member or former member who is a family member for
purposes of such chapter.
``(3) A person eligible for coverage under this subsection shall
not be required to satisfy any eligibility criteria specified in
chapter 89 of title 5 (except as provided in paragraph (1)(C) or
(1)(D)) as a condition for enrollment in health benefits plans offered
through the Federal Employees Health Benefits program under this
section.
``(4) For purposes of determining whether an individual is a member
of family under paragraph (5) of section 8901 of title 5 for purposes
of paragraph (1)(C) or (1)(D), a member or former member described in
section 1076(b) or 1076(a)(2)(B) of this title shall be deemed to be an
employee under such section.
``(5) An eligible beneficiary who is eligible to enroll in the
Federal Employees Health Benefits program as an employee under chapter
89 of title 5 is not eligible to enroll in a Federal Employees Health
Benefits plan under this section.
``(6) An eligible beneficiary who enrolls in the Federal Employees
Health Benefits program under this section shall not be eligible to
receive health care under section 1086 or section 1097. Such a
beneficiary may continue to receive health care in a military medical
treatment facility, in which case the treatment facility shall be
reimbursed by the Federal Employees Health Benefits program for health
care services or drugs received by the beneficiary.
``(c) Change of Health Benefits Plan.--An eligible beneficiary
enrolled in a Federal Employees Health Benefits plan under this section
may change health benefits plans and coverage in the same manner as any
other Federal Employees Health Benefits program beneficiary may change
such plans.
``(d) Government Contributions.--The amount of the Government
contribution for an eligible beneficiary who enrolls in a health
benefits plan under chapter 89 of title 5 in accordance with this
section may not exceed the amount of the Government contribution which
would be payable if the electing beneficiary were an employee (as
defined for purposes of such chapter) enrolled in the same health
benefits plan and level of benefits.
``(e) Separate Risk Pools.--The Director of the Office of Personnel
Management shall require health benefits plans under chapter 89 of
title 5 to maintain a separate risk pool for purposes of establishing
premium rates for eligible beneficiaries who enroll in such a plan in
accordance with this section.''.
(2) The item relating to section 1108 at the beginning of such
chapter is amended to read as follows:
``1108. Health care coverage through Federal Employees Health Benefits
program.''.
(3) The amendments made by this subsection shall take effect on
January 2, 2004. | Keep Our Promise to America's Military Retirees Act - Includes as an employee, for purposes of Federal provisions authorizing enrollment under the Federal Employees Health Benefits (FEHB) Program: (1) a member of the armed forces who began service before June 7, 1956, and retired after a minimum of 20 years of such service or by reason of a service-connected disability; and (2) the surviving widow or widower of such member.Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to provide FEHB coverage to the following eligible beneficiaries: (1) a member or former member entitled to military retired or retainer pay; (2) an unremarried former spouse who was married to a member for at least 20 years, during which such member performed at least 20 years of retirement-creditable military service; (3) a dependent of a deceased qualifying member or former member; (4) a dependent of a living member or former member; and (5) a family member. | To restore health care coverage to retired members of the uniformed services. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Permanent Tax Relief Act''.
SEC. 2. PERMANENT EXTENSION OF TAX RELIEF.
(a) 2001 Tax Relief.--The Economic Growth and Tax Relief
Reconciliation Act of 2001 is amended by striking title IX.
(b) 2003 Relief.--Title III of the Jobs and Growth Tax Relief
Reconciliation Act of 2003 is amended by striking section 303.
(c) Alternative Minimum Tax Exemption Amounts.--
(1) Increased exemption amounts made permanent.--
(A) In general.--Paragraph (1) of section 55(d) of
the Internal Revenue Code of 1986 is amended--
(i) by striking ``$45,000 ($72,450 in the
case of taxable years beginning in 2010 and
$74,450 in the case of taxable years beginning
in 2011)'' in subparagraph (A) and inserting
``$74,450'',
(ii) by striking ``$33,750 ($47,450 in the
case of taxable years beginning in 2010 and
$48,450 in the case of taxable years beginning
in 2011)'' in subparagraph (B) and inserting
``$48,450'', and
(iii) by striking ``paragraph (1)(A)'' in
subparagraph (C) and inserting ``subparagraph
(A)''.
(2) Exemption amounts indexed for inflation.--Subsection
(d) of section 55 of the Internal Revenue Code of 1986 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 2011, each of the
dollar amounts contained in subparagraphs (A) and (B)
of 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 2010'
for `calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--Any increase determined under
subparagraph (A) shall be rounded to the nearest
multiple of $100.''.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31, 2011.
(d) Alternative Minimum Tax Relief for Nonrefundable Credits.--
(1) In general.--Subsection (a) of section 26 of the
Internal Revenue Code of 1986 is amended to read as follows:
``(a) Limitation Based on Amount of Tax.--The aggregate amount of
credits allowed by this subpart for the taxable year shall not exceed
the sum of--
``(1) the taxpayer's regular tax liability for the taxable
year reduced by the foreign tax credit allowable under section
27(a), and
``(2) the tax imposed by section 55(a) for the taxable
year.''.
(2) Conforming amendments.--
(A) Adoption credit.--
(i) Section 23(b) of the Internal Revenue
Code of 1986 is amended by striking paragraph
(4).
(ii) Section 23(c) of such Code is amended
by striking paragraphs (1) and (2) and
inserting the following:
``(1) In general.--If the credit allowable under subsection
(a) for any taxable year exceeds the limitation imposed by
section 26(a) for such taxable year reduced by the sum of the
credits allowable under this subpart (other than this section
and sections 25D and 1400C), such excess shall be carried to
the succeeding taxable year and added to the credit allowable
under subsection (a) for such taxable year.''.
(iii) Section 23(c) of such Code is amended
by redesignating paragraph (3) as paragraph
(2).
(B) Child tax credit.--
(i) Section 24(b) of such Code is amended
by striking paragraph (3).
(ii) Section 24(d)(1) of such Code is
amended--
(I) by striking ``section 26(a)(2)
or subsection (b)(3), as the case may
be,'' each place it appears in
subparagraphs (A) and (B) and inserting
``section 26(a)'', and
(II) by striking ``section 26(a)(2)
or subsection (b)(3), as the case may
be'' in the second last sentence and
inserting ``section 26(a)''.
(C) Credit for interest on certain home
mortgages.--Section 25(e)(1)(C) of such Code is amended
to read as follows:
``(C) Applicable tax limit.--For purposes of this
paragraph, the term `applicable tax limit' means the
limitation imposed by section 26(a) for the taxable
year reduced by the sum of the credits allowable under
this subpart (other than this section and sections 23,
25D, and 1400C).''.
(D) Savers' credit.--Section 25B of such Code is
amended by striking subsection (g).
(E) Residential energy efficient property.--Section
25D(c) of such Code is amended to read as follows:
``(c) Carryforward of Unused Credit.--If the credit allowable under
subsection (a) exceeds the limitation imposed by section 26(a) for such
taxable year reduced by the sum of the credits allowable under this
subpart (other than this section), such excess shall be carried to the
succeeding taxable year and added to the credit allowable under
subsection (a) for such succeeding taxable year.''.
(F) Certain plug-in electric vehicles.--Section
30(c)(2) of such Code is amended to read as follows:
``(2) Personal credit.--For purposes of this title, the
credit allowed under subsection (a) for any taxable year
(determined after application of paragraph (1)) shall be
treated as a credit allowable under subpart A for such taxable
year.''.
(G) Alternative motor vehicle credit.--Section
30B(g)(2) of such Code is amended to read as follows:
``(2) Personal credit.--For purposes of this title, the
credit allowed under subsection (a) for any taxable year
(determined after application of paragraph (1)) shall be
treated as a credit allowable under subpart A for such taxable
year.''.
(H) New qualified plug-in electric vehicle
credit.--Section 30D(c)(2) of such Code is amended to
read as follows:
``(2) Personal credit.--For purposes of this title, the
credit allowed under subsection (a) for any taxable year
(determined after application of paragraph (1)) shall be
treated as a credit allowable under subpart A for such taxable
year.''.
(I) Cross references.--Section 55(c)(3) of such
Code is amended by striking ``26(a), 30C(d)(2),'' and
inserting ``30C(d)(2)''.
(J) Foreign tax credit.--Section 904 of such Code
is amended by striking subsection (i) and by
redesignating subsections (j) , (k), and (l) as
subsections (i), (j), and (k), respectively.
(K) First-time home buyer credit for the district
of columbia.--Section 1400C(d) of such Code is amended
to read as follows:
``(d) Carryforward of Unused Credit.--If the credit allowable under
subsection (a) exceeds the limitation imposed by section 26(a) for such
taxable year reduced by the sum of the credits allowable under subpart
A of part IV of subchapter A (other than this section and section 25D),
such excess shall be carried to the succeeding taxable year and added
to the credit allowable under subsection (a) for such taxable year.''.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31, 2011.
SEC. 3. REPEAL OF ESTATE AND GENERATION-SKIPPING TRANSFER TAXES.
(a) Estate Tax Repeal.--Subchapter C of chapter 11 of subtitle B of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 2210. TERMINATION.
``(a) In General.--Except as provided in subsection (b), this
chapter shall not apply to the estates of decedents dying on or after
the date of the enactment of the Permanent Tax Relief Act.
``(b) Certain Distributions From Qualified Domestic Trusts.--In
applying section 2056A with respect to the surviving spouse of a
decedent dying before the date of the enactment of the Permanent Tax
Relief Act--
``(1) section 2056A(b)(1)(A) shall not apply to
distributions made after the 10-year period beginning on such
date, and
``(2) section 2056A(b)(1)(B) shall not apply on or after
such date.''.
(b) Generation-Skipping Transfer Tax Repeal.--Subchapter G of
chapter 13 of subtitle B of the Internal Revenue Code of 1986 is
amended by adding at the end the following new section:
``SEC. 2664. TERMINATION.
``This chapter shall not apply to generation-skipping transfers on
or after the date of the enactment of the Permanent Tax Relief Act.''.
(c) Conforming Amendments.--
(1) The table of sections for subchapter C of chapter 11 of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new item:
``Sec. 2210. Termination.''.
(2) The table of sections for subchapter G of chapter 13 of
such Code is amended by adding at the end the following new
item:
``Sec. 2664. Termination.''.
(d) Restoration of Pre-EGTRRA Provisions Not Applicable.--
(1) In general.--Section 301 of the Tax Relief,
Unemployment Insurance Reauthorization, and Job Creation Act of
2010 shall not apply to estates of decedents dying, and
transfers made, on or after the date of the enactment of this
Act.
(2) Exception for stepped-up basis.--Paragraph (1) shall
not apply to the provisions of law amended by subtitle E of
title V of the Economic Growth and Tax Relief Reconciliation
Act of 2001 (relating to carryover basis at death; other
changes taking effect with repeal).
(e) Sunset Not Applicable.--Section 304 of the Tax Relief,
Unemployment Insurance Reauthorization, and Job Creation Act of 2010 is
hereby repealed.
(f) Effective Date.--The amendments made by this section shall
apply to the estates of decedents dying, and generation-skipping
transfers, after the date of the enactment of this Act.
SEC. 4. MODIFICATIONS OF GIFT TAX.
(a) Computation of Gift Tax.--Subsection (a) of section 2502 of the
Internal Revenue Code of 1986 is amended to read as follows:
``(a) Computation of Tax.--
``(1) In general.--The tax imposed by section 2501 for each
calendar year shall be an amount equal to the excess of--
``(A) a tentative tax, computed under paragraph
(2), on the aggregate sum of the taxable gifts for such
calendar year and for each of the preceding calendar
periods, over
``(B) a tentative tax, computed under paragraph
(2), on the aggregate sum of the taxable gifts for each
of the preceding calendar periods.
``(2) Rate schedule.--
``If the amount with respect to which The tentative
the tentative tax to be computed is:. tax is:
Not over $10,000....................... 18% of such amount.
Over $10,000 but not over $20,000...... $1,800, plus 20% of the excess
over $10,000.
Over $20,000 but not over $40,000...... $3,800, plus 22% of the excess
over $20,000.
Over $40,000 but not over $60,000...... $8,200, plus 24% of the excess
over $40,000.
Over $60,000 but not over $80,000...... $13,000, plus 26% of the excess
over $60,000.
Over $80,000 but not over $100,000..... $18,200, plus 28% of the excess
over $80,000.
Over $100,000 but not over $150,000.... $23,800, plus 30% of the excess
over $100,000.
Over $150,000 but not over $250,000.... $38,800, plus 32% of the excess
of $150,000.
Over $250,000 but not over $500,000.... $70,800, plus 34% of the excess
over $250,000.
Over $500,000.......................... $155,800, plus 35% of the
excess of $500,000.''.
(b) Treatment of Certain Transfers in Trust.--Section 2511 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(c) Treatment of Certain Transfers in Trust.--Notwithstanding any
other provision of this section and except as provided in regulations,
a transfer in trust shall be treated as a taxable gift under section
2503, unless the trust is treated as wholly owned by the donor or the
donor's spouse under subpart E of part I of subchapter J of chapter
1.''.
(c) Lifetime Gift Exemption.--Paragraph (1) of section 2505(a) of
the Internal Revenue Code of 1986 is amended to read as follows:
``(1) the amount of the tentative tax which would be
determined under the rate schedule set forth in section
2502(a)(2) if the amount with respect to which such tentative
tax is to be computed were $5,000,000, reduced by''.
(d) Conforming Amendments.--
(1) Section 2505(a) of the Internal Revenue Code of 1986 is
amended by striking the last sentence.
(2) The heading for section 2505 of such Code is amended by
striking ``unified''.
(3) The item in the table of sections for subchapter A of
chapter 12 of such Code relating to section 2505 is amended to
read as follows:
``Sec. 2505. Credit against gift tax.''.
(e) Effective Date.--The amendments made by this section shall
apply to gifts made on or after the date of the enactment of this Act.
(f) Transition Rule.--
(1) In general.--For purposes of applying sections 1015(d),
2502, and 2505 of the Internal Revenue Code of 1986, the
calendar year in which this title is enacted shall be treated
as 2 separate calendar years one of which ends on the day
before the date of the enactment of this Act and the other of
which begins on such date of enactment.
(2) Application of section 2504(b).--For purposes of
applying section 2504(b) of the Internal Revenue Code of 1986,
the calendar year in which this title is enacted shall be
treated as one preceding calendar period. | Permanent Tax Relief Act - Makes permanent: (1) the Economic Growth and Tax Relief Reconciliation Act of 2001, and (2) provisions of the Jobs and Growth Tax Relief Reconciliation Act of 2003 that reduce tax rates on dividend and capital gain income.
Amends the Internal Revenue Code to make permanent: (1) the increased alternative minimum tax (AMT) exemption amount for individual taxpayers, and (2) the offset against the AMT for certain nonrefundable personal tax credits.
Repeals the estate tax and the tax on generation-skipping transfers. Reduces the maximum gift tax rate to 35%. Allows a lifetime gift tax exemption of $5 million. | A bill to permanently extend the 2001 and 2003 tax cuts, to provide for permanent alternative minimum tax relief, and to repeal the estate and generation-skipping transfer taxes, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Natural Resources Institute Act of
1998''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Environmental sciences.--The term ``environmental
sciences'' means the full range of fields of study (including
biological, physical, chemical, geological, and social
sciences, engineering, and humanities) relevant to the
understanding of environmental problems.
(2) Intermountain west.--The term ``Intermountain West''
means Montana, Idaho, Wyoming, Utah, and the far eastern areas
of Oregon and Washington.
SEC. 3. FINDINGS.
The Congress finds the following:
(1) In order to maintain quality of life, economic growth
should be balanced with environmental protection and
incorporate collaborative scientific inquiry, technology
development, and public policy.
(2) The environmental science data and knowledge fail to
adequately support long-term policy leading to questions of
science quality, credibility, and utility, resulting in an
atmosphere of adversarial science.
(3) Individuals affected by decisions regarding natural
resources are not effectively involved in determining the
needs, setting the agenda, and participating in environmental
research and development.
(4) Coordinated environmental research and development of
Federal and State agencies is necessary to support effective
policy and environmental and economic sustainability.
(5) Decisions regarding the management of natural resources
can significantly impact a region's economy and its residents'
quality of life.
(6) The Idaho National Engineering and Environmental
Laboratory is the only multiprogrammatic federally funded
research and development laboratory in the Intermountain West
region of the United States, a region which will be greatly
impacted by future natural resource decisions.
(7) The creation of a Natural Resources Institute that
focuses the scientific strengths of government, universities,
and industry in collaboration with a wide variety of
individuals affected by decisions regarding natural resources
will expedite sustainable environmental and natural resource
decisionmaking, which will result in the creation and retention
of jobs and savings to taxpayers.
SEC. 4. PURPOSE.
The purpose of this Act is to create a Natural Resources Institute
to--
(1) coordinate research and develop appropriate and
systematic approaches to managing natural resources and the
specific tools and mechanisms necessary to implement these
approaches;
(2) support public policy development by facilitating the
creation of public-private partnerships necessary to implement
systematic approaches to natural resource use and management;
(3) provide education and training regarding natural
resources for a wide variety of users, including the public,
local and regional government, and industry, by developing
training programs and educational curricula using modern
information systems such as the Internet and video
teleconferencing;
(4) facilitate the creation of commercial enterprises by
involving local economic development agencies, technology
incubators, research institutes, and the private sector to
apply derived use science and technology; and
(5) transfer information and analyses regarding natural
resources to persons and organizations to allow informed
decisionmaking and eliminate duplication of environmental
studies.
SEC. 5. ESTABLISHMENT OF NATURAL RESOURCES INSTITUTE.
There is hereby established a Natural Resources Institute (in this
Act referred to as the ``Institute''), the purpose of which shall be to
provide a neutral forum to develop scientific solutions that improve
the economic and environmental viability of the Intermountain West
region of the United States. The Institute shall be located at the
Idaho National Engineering and Environmental Laboratory.
SEC. 6. DUTIES AND FUNCTIONS.
The duties and functions of the Institute shall be as follows:
(1) To initiate and perform multidisciplinary, solution-
oriented, focused, and needs-driven research regarding natural
resources, including--
(A) coordination of research activities to minimize
duplication of effort and maximize scientific
advancement;
(B) maintenance of meaningful public involvement in
the development and implementation of research
activities;
(C) performance of research by accessing high-
quality scientific talent through private partners of
the Institute; and
(D) performance of research and development on
understanding and predicting regional ecosystem
dynamics, developing methodologies and tools for
environmental stewardship, and developing and
understanding the science associated with the natural resource issues
in the Intermountain West region of the United States.
(2) To support formulation and implementation of natural
resources public policy through--
(A) consideration of the balance of socioeconomic
concerns and quality of life issues with environmental
remediation, cost, and schedule concerns; and
(B) involvement of the public with the research and
development activities of the Institute.
(3) To act as an information resource center by--
(A) serving as a centralized repository for
environmental data, data management, and analytical
tools for the Intermountain West region of the United
States;
(B) entering into partnership agreements with
private entities to access or acquire and maintain
regional environmental data sets, including monitoring
data, Geographical Information System coverages,
satellite data, and data from local and regional
ecological studies;
(C) providing quick and affordable access to all
existing public databases, such as those maintained by
the Federal and State agencies, and, as appropriate,
access to private databases developed to support
specific models or decisions; and
(D) maintaining trained personnel to assist the
public and researchers in gaining access to information
on natural resources.
(4) To provide education and training, including--
(A) education for the public, future scientists,
and educators; and
(B) seminars and training aids for the public and
collaborating with universities in the Intermountain
West region of the United States to provide resources,
internships, and research opportunities.
SEC. 7. BOARD OF STAKEHOLDERS.
(a) Establishment.--There shall be a Board of Stakeholders for the
Institute, which shall incorporate the vested interests and stakeholder
prospectuses into the design and operation of the Institute.
(b) Membership.--
(1) Appointment.--The Board of Stakeholders shall be
composed of 11 members who shall be appointed by the Secretary
of Energy.
(2) Representation.--The Board of Stakeholders shall be
comprised of representatives from government, industry, the
private sector, universities, and interest groups.
(3) Terms.--Members of the Board of Stakeholders shall
serve for a term of 5 years.
(4) Chairperson.--The Chairperson of the Board of
Stakeholders shall be elected by the Board from among its
members.
SEC. 8. DIRECTOR; STAFF.
(a) Director.--(1) The Board of Stakeholders shall appoint, and
define the requirements of, the Director of the Institute. The Director
of the Institute shall exercise all authority granted to the Institute
in this Act, including powers delegated by the Board.
(2) The Director of the Institute shall be a nonvoting, ex officio
member of the Board of Stakeholders.
(3) The Director shall be responsible for the integration of the
duties and functions of the Institute as described in section 6, and
for ensuring the full involvement of all relevant environmental
sciences and the full range of users in these duties.
(b) Staff.--The Director of the Institute shall hire such staff as
necessary to carry out the functions of the Institute under this Act.
SEC. 9. SCIENCE ADVISORY PANEL.
(a) Establishment.--There is hereby established a Science Advisory
Panel which shall--
(1) oversee development and implementation of the technical
strategy of the Institute; and
(2) provide oversight of the quality of science, and
provide recommendations for the research and development
portfolio structure of the Institute.
(b) Membership.--
(1) Appointment.--The Science Advisory Panel shall be
composed of 15 members who shall be appointed by the Board of
Stakeholders, in consultation with the Director of the Idaho
National Engineering and Environmental Laboratory.
(2) Representation.--The Science Advisory Panel shall be
composed of members representing multiple disciplines of
science and engineering.
(3) Terms.--Members of the Science Advisory Panel shall
serve for a term of 2 years.
(4) Chairperson.--The Chairperson of the Science Advisory
Panel shall be selected by the Science Advisory Panel from
among its members.
SEC. 10. ACQUISITION OF INFORMATION FROM FEDERAL AGENCIES.
The Institute may acquire from any Federal agency unclassified data
and nonproprietary knowledge and information obtained by Federal
departments and agencies to assist the Institute in carrying out its
duties under this Act.
SEC. 11. ACCESSIBILITY OF INFORMATION.
The Institute shall work with Federal and State agencies,
universities, the public, and the private sector to ensure that the
information and products of the Institute are useful and accessible. | Natural Resources Institute Act of 1998 - Establishes the Natural Resources Institute at the Idaho National Engineering and Environmental Laboratory to provide a neutral forum to develop scientific solutions that improve the economic and environmental viability of the Intermountain West region of the United States. Defines such region to include Montana, Idaho, Wyoming, Utah, and the far eastern areas of Oregon and Washington. Lists as duties of the Institute: (1) to perform multidisciplinary research regarding natural resources; (2) to support formulation and implementation of natural resources public policy; (3) to act as an information resource center; and (4) to provide education and training.
Creates a Board of Stakeholders for the Institute which shall incorporate the vested interests and stakeholder prospectuses into the design and operation of the Institute. Requires the Board to appoint, and define the requirements of, the Director of the Institute who shall exercise all authority granted to the Institute.
Establishes a Science Advisory panel to: (1) oversee development and implementation of the Institute's technical strategy; and (2) provide oversight of the quality of science and recommendations for the research and development portfolio structure of the Institute.
Authorizes the Institute to acquire from any Federal agency any unclassified data and nonproprietary knowledge and information obtained by Federal agencies to assist the Institute.
Directs the Institute to work with Federal and State agencies, universities, the public, and the private sector to ensure that the Institute's information and products are useful and accessible. | Natural Resources Institute Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reducing Disparities Using Care
Models and Education Act of 2014''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The infant death rate among African-Americans is more
than double that of Whites.
(2) The death rate for all cancers is 30 percent higher for
African-Americans than for Whites; for prostate cancer, it is
more than double that for Whites.
(3) Black women have a higher death rate from breast cancer
despite having a mammography screening rate that is nearly the
same as the rate for White women.
(4) Diabetes incidence is highest among Native Americans,
at 15.9 percent, followed by 13.2 percent for African-
Americans, 12.8 percent for Hispanics, 9.0 percent for Asians,
and 7.6 percent for Whites.
(5) New cases of hepatitis and tuberculosis are higher in
Asians and Pacific Islanders living in the United States than
in Whites.
(6) Individuals in same-sex couples were more likely than
individuals in different-sex couples to report a delay in
getting necessary prescriptions.
(7) Infants born to Black women are 1.5 to 3 times more
likely to die than those born to women of other races or
ethnicities, and American Indian and Alaska Native infants die
from sudden infant death syndrome (SIDS) at nearly 2.5 times
the rate of White infants.
(8) Low-income children have higher rates of mortality
(even with the same condition), have higher rates of
disability, and are more likely to have multiple conditions.
(9) White children are half as likely as Black and Latino
children not to be in excellent or very good health.
(10) As of 2012, 38.9 percent of United States adults were
obese, with the highest rate among African-Americans at 47.9
percent, followed by Hispanics at 42.5 percent, Whites at 32.6
percent, and Asians at 10.8 percent.
(11) The risk of stroke is twice as high for African-
Americans as for Whites, and African-Americans are more likely
to die of stroke. Other ethnic minorities also have higher risk
than Whites. Overall, strokes are most prevalent in the
Southeast United States, and less so in the Northeast.
(12) African-Americans accounted for 44 percent of all
those infected with HIV, despite being only 12 percent of the
United States population.
(13) Black men who have sex with men (MSM) ages 13 to 24
had the most new infections among youth.
(14) One study found that among heterosexuals living in the
same urban community, those below the poverty line were twice
as likely to contract human immunodeficiency virus (HIV).
(15) Persons with less than a high school diploma (6.7
percent) and high school graduates (4.0 percent) were more
likely to report major depression than those with at least some
college education (2.5 percent).
(16) Only about 10 percent of physicians practice in rural
America despite the fact that nearly one-fourth of the
population lives in these areas.
(17) Rural residents are less likely to have employer-
provided health care coverage or prescription drug coverage,
and the rural poor are less likely to be covered by Medicaid
benefits than their urban counterparts.
(18) Twenty percent of nonmetropolitan counties lack mental
health services versus 5 percent of metropolitan counties.
(19) Fifteen percent of persons with disabilities report
not seeing a doctor due to cost in comparison to 6 percent of
the general population.
SEC. 3. INSTITUTE OF MEDICINE STUDY.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary shall enter into an arrangement
with the Institute of Medicine under which the Institute agrees to
study--
(1) the extent of health disparities in the type and
quality of preventive interventions, health services, and
outcomes in the United States;
(2) the factors that may contribute to inequities in such
disparities;
(3) existing programs and policies intended to reduce such
disparities;
(4) best practices and successful strategies in programs
that aim to reduce such disparities;
(5) priorities for successful intervention programs
targeting such disparities; and
(6) potential opportunities for expanding or replicating
such programs.
(b) Report.--The arrangement under subsection (a) shall provide for
submission by the Institute of Medicine to the Secretary and Congress,
not later than 20 months after the date of enactment of this Act, of a
report on the results of the study.
SEC. 4. GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF HEALTH
DISPARITIES REDUCTION PROGRAMS AND ACTIVITIES.
(a) Guidelines.--Not later than 90 days after the submission of the
report described in section 3(b), and taking such report into
consideration, the Secretary shall develop guidelines for entities to
develop and implement programs and activities to reduce health
disparities.
(b) Use by HHS.--The Secretary shall, where appropriate,
incorporate the use of the guidelines developed under subsection (a)
into the programs and activities of the Department of Health and Human
Services.
(c) Grants for Disparities Reduction Activities.--
(1) In general.--The Secretary may award grants to entities
for the development and implementation of programs and
activities to reduce health disparities in accordance with the
guidelines described in subparagraph (a).
(2) Applications.--To seek a grant under this subsection,
an entity shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may require.
(3) Minimum contents.--The Secretary shall require that an
application for a grant under this subsection contains at a
minimum--
(A) a description of the population and public
health concern the program will target and an outreach
plan to ensure that the most in need populations will
benefit;
(B) a description of the strategies the entity will
use--
(i) to develop and implement its programs
and activities in accordance with the
guidelines developed under subsection (a); and
(ii) to make the interventions sustainable;
and
(C) an agreement by the entities to periodically
provide data with respect to--
(i) the population served;
(ii) improvements in reducing health
disparities; and
(iii) effectiveness of the interventions
used.
(d) Appropriations.--To carry out this section, there are
authorized to be appropriated $5,000,000 for fiscal year 2016 and such
sums as may be necessary for each of fiscal years 2017 through 2020.
SEC. 5. TESTING ALTERNATIVE PAYMENT AND DELIVERY MODELS TO REDUCE
HEALTH DISPARITIES.
(a) In General.--The Secretary acting through the Centers for
Medicare and Medicaid Innovation under section 1115A of the Social
Security Act (42 U.S.C. 1315a) shall provide for the testing of a
payment and service delivery model that includes incentives for
reducing health disparities consistent with the cost and quality
criteria otherwise applicable to the testing of models under such
section.
(b) Documentation Requirement for Model Testing.--In carrying out
subsection (a), the Secretary shall require that an application to
conduct such testing of such a model include at least--
(1) documentation of at least one health disparity targeted
for reduction;
(2) a root-cause analysis of the health disparity targeted
for reduction;
(3) identification and selection of performance targets for
such reduction;
(4) a proposal to make payments in some way contingent on a
reduction in health disparities; and
(5) a reliable method for monitoring progress in achieving
such a reduction.
SEC. 6. DEFINITIONS.
In this Act:
(1) The term ``health disparity'' means significant
disparity in the overall rate of disease incidence, prevalence,
morbidity, mortality, or survival rates in a population as
compared to the health status of the general population.
(2) The term ``intervention'' means an activity taken by an
entity on behalf of individuals or populations to reduce health
disparities.
(3) The term ``Secretary'' means the Secretary of Health
and Human Services. | Reducing Disparities Using Care Models and Education Act of 2014 - Requires the Secretary of Health and Human Services (HHS) to contract with the Institute of Medicine to study health disparities, existing programs and policies intended to reduce disparities, and priorities for, and expansion of, programs targeting disparities. Requires the Secretary to develop guidelines for entities to develop and implement programs to reduce health disparities. Directs the Secretary to incorporate these guidelines into HHS activities. Authorizes the Secretary to award grants for programs to reduce health disparities. Requires the Innovation Center of the Centers for Medicare and Medicaid Services (CMS) to test a payment and service delivery model that includes incentives for reducing health disparities. | Reducing Disparities Using Care Models and Education Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Grassland Reserve Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Vast grassland once provided critical habitat for
complex plant and animal communities throughout much of North
America.
(2) Today, grassland areas have been largely converted to
other uses, threatening and eliminating plant and animal
communities unique to North America.
(3) A significant portion of the remaining grassland is on
working ranches.
(4) Ranchers have an economic interest in preserving the
remaining grassland as forage for their livestock.
(5) Many ranchers are also concerned about losing the open
spaces and ``big sky'' central to the ranching way of life.
(6) Apart from the loss of grassland, ranches themselves
have steadily disappeared through the years and are likely to
disappear at a faster rate in the immediate decade as a
generation of ranchers reach retirement age.
(7) Ranch land provides important open-space buffers for
animal and plant habitat.
(8) Ranching forms the economic backbone for much of the
rural area of the western United States.
(9) Currently, there are no Federal programs that conserve
grassland, ranch land, or other land with comparable high
resource value, other than wetland, on a national scale.
(10) A grassland reserve program would provide important
economic assistance to ranchers and other agricultural
producers who may be struggling financially and who may
voluntarily decide that participating in the program would be
to their advantage.
SEC. 3. GRASSLAND RESERVE PROGRAM.
Chapter 1 of subtitle D of title XII of the Food Security Act of
1985 (16 U.S.C. 3830 et seq.) is amended by adding at the end the
following new subchapter:
``Subchapter D--Grassland Reserve Program
``SEC. 1238. GRASSLAND RESERVE PROGRAM.
``(a) Establishment.--The Secretary, acting through the Natural
Resource Conservation Service, shall establish a grassland reserve
program (referred to in this subchapter as the `program') to assist
owners in restoring and conserving eligible land described in
subsection (c).
``(b) Enrollment Conditions.--
``(1) Maximum enrollment.--The total number of acres
enrolled in the program shall not exceed 1,000,000 acres.
``(2) Methods of enrollment.--The Secretary shall enroll in
the program for a willing owner not less than 100 contiguous
acres of land west of the 90th meridian or not less than 50
contiguous acres of land east of the 90th meridian through--
``(A) permanent easements or 30-year easements; or
``(B) in a State that imposes a maximum duration
for such an easement, an easement for the maximum
duration allowed under State law.
``(c) Eligible Land.--Land shall be eligible to be enrolled in the
program if the Secretary determines that the land is--
``(1) natural grass or shrubland;
``(2) land that--
``(A) is located in an area that has been
historically dominated by natural grass or shrubland;
and
``(B) has potential to serve as habitat for animal
or plant populations of significant ecological value if
the land is restored to natural grass or shrubland; or
``(3) land that is incidental to land described in
paragraph (1) or (2), if that incidental land is determined by
the Secretary to be necessary for the efficient administration
of the easement.
``SEC. 1238A. EASEMENTS AND AGREEMENTS.
``(a) Requirements of Landowner.--To be eligible to enroll land in
the program, the owner of the land shall--
``(1) grant an easement that runs with the land to the
Secretary;
``(2) create and record an appropriate deed restriction in
accordance with applicable State law to reflect the easement;
``(3) provide a written statement of consent to the
easement signed by persons holding a security interest or any
vested interest in the land;
``(4) provide proof of unencumbered title to the underlying
fee interest in the land that is the subject of the easement;
``(5) agree to comply with the terms of the easement and
related restoration agreements; and
``(6) agree to the permanent retirement of any existing
cropland base and allotment history for the land under any
program administered by the Secretary.
``(b) Terms of Easement.--An easement under subsection (a) shall--
``(1) permit--
``(A) common grazing practices on the land in a
manner that is consistent with maintaining the
viability of natural grass and shrub species indigenous
to that locality;
``(B) haying, mowing, or haying for seed
production, except that such uses shall not be
permitted until after the end of the nesting season for
birds in the local area which are in significant
decline or are conserved pursuant to State or Federal
law, as determined by the Natural Resources
Conservation Service State conservationist; and
``(C) construction of fire breaks and fences,
including placement of the posts necessary for fences;
``(2) prohibit--
``(A) the production of row-crops, fruit trees,
vineyards, or any other agricultural commodity that
requires breaking the soil surface; and
``(B) the conduct of any other activities that
would disturb the surface of the land covered by the
easement, including--
``(i) plowing; and
``(ii) disking; and
``(3) include such additional provisions as the Secretary
determines are appropriate to carry out or facilitate the
administration of this subchapter.
``(c) Ranking Easement Applications.--
``(1) Establishment of criteria.--The Secretary, in
conjunction with State technical committees, shall establish
criteria to evaluate and rank applications for easements under
this subchapter.
``(2) Emphasis.--In establishing the criteria, the
Secretary shall emphasize support for native grass and
shrubland, grazing operations, and plant and animal
biodiversity.
``(d) Restoration Agreements.--The Secretary shall prescribe the
terms by which grassland that is subject to an easement under the
program shall be restored. The agreement shall include duties of the
land owner and the Secretary, including the Federal share of
restoration payments and technical assistance.
``(e) Violations.--
``(1) In general.--On the violation of the terms or
conditions of an easement or restoration agreement entered into
under this section--
``(A) the easement shall remain in force; and
``(B) the Secretary may require the owner to refund
all or part of any payments received by the owner under
this subchapter, with interest on the payments as
determined appropriate by the Secretary.
``(2) Periodic inspections.--The Secretary shall conduct
periodic inspections of land subject to easements under this
subchapter to ensure that the terms of the easements and
restoration agreements are being met, after providing the
landowner adequate notice of inspections. The Secretary may not
prohibit the landowner or a representative of the landowner
from being present during inspections.
``SEC. 1238B. DUTIES OF SECRETARY.
``(a) In General.--In return for the granting of an easement by an
owner under this subchapter, the Secretary shall make easement payments
and payments of the Federal share of restoration and provide technical
assistance to the owner in accordance with this section.
``(b) Easement Payments.--
``(1) In general.--In return for the granting of an
easement by an owner under this subchapter, the Secretary shall
make easement payments to the owner in an amount equal to--
``(A) in the case of a permanent easement, the fair
market value of the land less the grazing value of the
land encumbered by the easement; and
``(B) in the case of a 30-year easement or an
easement for the maximum duration allowed under
applicable State law, 30 percent of the fair market
value of the land less the grazing value of the land
for the period that the land is encumbered by the
easement.
``(2) Payment schedule.--Easement payments may be provided
in not less than one payment nor more than 10 annual payments
of equal or unequal amount, as agreed to by the Secretary and
the owner.
``(c) Federal Share of Restoration.--The Secretary shall make
payments to the owner of not more than 75 percent of the costs of
carrying out measures and practices necessary to restore grassland
functions and values.
``(d) Technical Assistance.--
``(1) In general.--The Secretary shall provide owners with
technical assistance to execute easement documents and restore
the grassland.
``(2) Reimbursement by commodity credit corporation.--The
Commodity Credit Corporation shall reimburse the Secretary,
acting through the Natural Resources Conservation Service, for not more
than 10 percent of the cost of acquisition of easement and the Federal
share of the restoration payments obligated for that fiscal year.
``(e) Payments to Others.--If an owner who is entitled to a payment
under this subchapter dies, becomes incompetent, is otherwise unable to
receive the payment, or is succeeded by another person who renders or
completes the required performance, the Secretary shall make the
payment, in accordance with regulations promulgated by the Secretary
and without regard to any other provision of law, in such manner as the
Secretary determines is fair and reasonable in light of all the
circumstances.
``(f) Other Payments.--Easement payments received by an owner under
this subchapter shall be in addition to, and not affect, the total
amount of payments that the owner is otherwise eligible to receive
under other Federal laws.
``SEC. 1238C. ADMINISTRATION.
``(a) Delegation to Private Organizations or State Agencies.--
``(1) In general.--The Secretary shall permit a private
conservation or land trust organization or a State agency to
hold and enforce an easement under this subchapter, in lieu of
the Secretary, if--
``(A) the Secretary determines that granting such
permission is likely to promote grassland conservation;
and
``(B) the landowner agrees to allow the private
conservation or land trust organization or a State
agency to hold and enforce the easement.
``(2) Application.--An organization that desires to hold an
easement under this subchapter shall apply to the Secretary for
approval.
``(3) Approval by secretary.--The Secretary shall approve
an organization under this subchapter that is constituted for
conservation or ranching purposes and is competent to
administer grassland easements.
``(4) Reassignment.--If an organization holding an easement
on land under this subchapter terminates--
``(A) the owner of the land shall reassign the
easement to another organization described in paragraph
(1) or to the Secretary; and
``(B) the owner and the new organization shall
notify the Secretary in writing that a reassignment for
termination has been made.
``(b) Regulations.--Not later than 180 days after the date of
enactment of this subchapter, the Secretary shall issue such
regulations as are necessary to carry out this subchapter.''.
SEC. 4. FUNDING.
Section 1241(a)(2) of the Food Security Act of 1985 (16 U.S.C.
3841(a)(2)) is amended by striking ``subchapter C'' and inserting
``subchapters C and D''. | Grassland Reserve Act - Amends the Food Security Act of 1985 to direct the Secretary of Agriculture to establish a grassland reserve program for land that is or has historically been natural grass or shrubland and has significant potential for animal or plant restoration.Sets forth provisions respecting landowner easement payments and permitted and prohibited practices. | To amend the Food Security Act of 1985, to establish a grassland reserve program to assist owners in restoring and conserving grassland. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patient Freedom of Choice Act of
1997''.
SEC. 2. NOTIFICATION OF AVAILABILITY OF PROVIDERS AS PART OF DISCHARGE
PLANNING PROCESS.
(a) Medicare Requirement.--Section 1861(ee)(2) of the Social
Security Act (42 U.S.C. 1395x(ee)(2)) is amended--
(1) in subparagraph (D), by inserting before the period the
following: ``, including the availability of those services
through individuals and entities that participate in the
program under this title and that serve the area in which the
patient resides and that request to be listed by the hospital
as available''; and
(2) by adding at the end the following:
``(H) Consistent with section 1802, the discharge plan
shall--
``(i) not specify or otherwise limit the qualified
provider which may provide post-hospital care, and
``(ii) identify (in a form and manner specified by
the Secretary) any provider (to whom the individual is
referred) in which the hospital has a disclosable
financial interest (as specified by the Secretary
consistent with section 1866(a)(1)(R)) or which has
such an interest in the hospital.''.
(b) Requirement for Medicaid Funding.--Section 1903(i) of such Act
(42 U.S.C. 1396b(i)) is amended--
(1) by striking ``or'' at the end of paragraph (14),
(2) by striking the period at the end of paragraph (15) and
inserting ``; or'', and
(3) by inserting after paragraph (15) the following new
paragraph:
``(16) with respect to any amount expended for inpatient
hospital services of a hospital unless the hospital has in
place a discharge planning process that meets the requirements
of section 1861(ee) with respect to individuals entitled to
medical assistance under this title in the same manner as such
requirements otherwise apply to individuals entitled to
benefits under title XVIII.''.
(c) Additional Enforcement Through Civil Money Penalties.--Section
1128A(b) of such Act (42 U.S.C. 1320a-7a(b)) is amended by adding at
the end the following new paragraph:
``(4) Any hospital that participates in the program under title
XVIII or XIX and that fails to comply with the discharge planning
process described in section 1861(ee)(2) either--
``(A) by failing to list participating individuals and
entities requested to be listed under subparagraph (D) of such
section, or
``(B) by violating subparagraph (H) of such section,
shall be subject, in addition to any other penalties that may be
prescribed by law, to a civil money penalty of not more than $10,000
for each such violation.''.
(d) Effective Dates.--The amendments made by subsection (a) shall
apply to discharges occurring on or after 90 days after the date of the
enactment of this Act. The amendments made by subsection (b) shall
apply to expenditures for inpatient hospital services with respect to
discharges occurring on or after 90 days after the date of the
enactment of this Act. The amendments made by subsection (c) shall
apply to failures and violations occurring on or after 90 days after
the date of the enactment of this Act.
SEC. 3. MAINTENANCE AND DISCLOSURE OF INFORMATION ON POST-HOSPITAL
SERVICE PROVIDERS.
(a) Medicare Requirement.--Section 1866(a)(1) of the Social
Security Act (42 U.S.C. 1395cc(a)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph (P),
(2) by striking the period at the end of subparagraph (Q),
and
(3) by adding at the end the following:
``(R) in the case of a hospital that has a financial
interest (as specified by the Secretary in regulations) in a
provider of post-hospital services (including an entity that
furnishes durable medical equipment), or in which such a
provider has such a financial interest, or in which another
entity has such a financial interest (directly or indirectly)
with such hospital and such a provider, to maintain and
disclose to the Secretary (in a form and manner specified by
the Secretary) information on--
``(i) the nature of such financial interest,
``(ii) the number of individuals who were discharged from
the hospital and who were identified as requiring the type of
post-hospital services provided by such provider, and
``(iii) the percentage of such individuals who received
such services from such provider (or another such provider).''.
(b) Requirement for Medicaid Funding.--Section 1903(i)(16) of such
Act (42 U.S.C. 1396b(i)), as inserted by section 2(b), is amended--
(1) by striking ``(A)'' after ``unless'', and
(2) by inserting before the period at the end the
following: ``, and (B) the hospital is complying with the
requirements of section 1866(a)(1)(R)''.
(c) Disclosure of Information to the Public.--Title XI of such Act
is amended by inserting after section 1145 the following new section:
``public disclosure of certain information on hospital financial
interest and referral patterns
``Sec. 1146. The Secretary shall make available to the public, in a
form and manner specified by the Secretary, information disclosed to
the Secretary pursuant to section 1866(a)(1)(R) or section
1903(i)(16).''.
(d) Effective Date.--The Secretary of Health and Human Services
shall issue regulations by not later than 1 year after the date of the
enactment of this Act to carry out the amendments made by this section
and such amendments shall take effect as of such date (on or after the
issuance of such regulations) as the Secretary specifies in such
regulations. | Patient Freedom of Choice Act of 1997 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act (SSA) to require hospitals participating in the Medicare or Medicaid programs to: (1) give notice of availability of providers as part of the discharge planning process; and (2) maintain and disclose information on certain referrals. Provides for additional enforcement of such requirement through civil money penalties.
Amends SSA title XI to provide for disclosure of certain information on hospital financial interest and referral patterns to the Secretary of Health and Human Services, who shall in turn make such information public. | Patient Freedom of Choice Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Students Taking Action for Road
Safety Act of 2010'' or ``STARS Act of 2010''.
SEC. 2. TEEN DRIVER SAFETY PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish
and implement a teen traffic safety grant program under which the
Secretary shall make grants to States to implement a statewide program
to improve the traffic safety of teen drivers.
(b) Purpose.--The purpose of the program is to support peer-to-peer
education and prevention strategies in schools and communities to
increase safety belt use and reduce speeding, impaired and distracted
driving, underage drinking, and other destructive decisions among teen
drivers that lead to injuries and fatalities.
(c) Application.--Any State desiring a grant under this section
shall submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may require.
(d) Eligible Activities.--A State may use funds from a grant under
this section to implement a statewide program to improve traffic safety
of teen drivers, including activities such as--
(1) working with student-led groups and advisors from
schools to plan and implement teen traffic safety programs;
(2) providing subgrants to schools throughout the State to
support the establishment and expansion of student groups
focused on teen traffic safety;
(3) providing support, training, and technical assistance
to establish and expand school and community safety programs
for teen drivers;
(4) creating statewide or regional Web sites to publicize
and circulate information on teen safety programs;
(5) conducting outreach and providing educational resources
for parents;
(6) establishing State or regional advisory councils
comprised of teen drivers to provide input and recommendations
to the governor and governor's safety representative on issues
related to the safety of teen drivers;
(7) collaborating with law enforcement;
(8) organizing and hosting State and regional conferences
for teen drivers;
(9) establishing partnerships and promoting coordination
among community stakeholders, including public, not-for-profit,
and for-profit entities; and
(10) funding a position of coordinator for the teen safety
program in the State or region.
(e) Grant Amount.--The amount of a grant available to a State under
this section shall be based on a formula administered by the Secretary.
In administering the formula, the Secretary shall consider the number
of teen drivers in each State, except that no State that applies for a
grant under this section shall receive less than $200,000 annually.
(f) Supplement Not Supplant.--Grant funds provided under this
section shall be used to supplement, not supplant, Federal and non-
Federal funds available for carrying out the activities described in
this section.
(g) Suballocation of Funds.--An agency of a State that receives a
grant under this section may suballocate grant funds to one or several
nonprofit organizations to carry out the program under this section.
(h) Technical Assistance Center and Clearinghouse.--
(1) Establishment of center.--From funds provided under
subsection (c), the Secretary may use up to $500,000 to
contract with a national, nonprofit organization to provide
training and technical assistance to State and local officials,
student leaders, school advisors, and other entities associated
with the grant program established in this section.
(2) Use of funds.--The center may use funds for training,
communications, publications, conferences, meetings and other
assistance considered appropriate to develop and sustain a
statewide program to improve traffic safety of teen drivers.
(3) Clearinghouse.--The center may operate a national teen
traffic safety clearinghouse to develop information and
resources for improving the health and safety of teen drivers,
disseminate techniques and strategies used for successful teen
safety programs, and develop and carry out a public awareness
campaign related to the safety of teen drivers.
(i) Authorization of Appropriations.--There is authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $25,000,000 for each of fiscal years
2011 through 2015.
SEC. 3. TEEN DRIVER ADVISORY COUNCIL.
(a) Establishment.--The Secretary shall establish the National Teen
Driver Advisory Council which shall be comprised of teen drivers and
leaders in teen traffic safety.
(b) Strategy and Report.--
(1) Strategy.--The Council, working with teen drivers and
leaders in teen traffic safety, including representatives of
appropriate Federal agencies, shall study and develop an
education and prevention strategy for reducing injuries and
fatalities for teen drivers.
(2) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report containing the
results of the study conducted by the Council and a description
of the strategy developed.
SEC. 4. DEFINITIONS.
In this Act the following definitions apply:
(1) The term ``Secretary'' means the Secretary of
Transportation.
(2) The term ``teen driver'' means a driver under the age
of 21.
(3) The term ``teen traffic safety program'' includes peer-
to-peer education and prevention strategies in schools and
communities to increase safety belt use and reduce speeding,
impaired and distracted driving, underage drinking, and other
destructive decisions among teen drivers that lead to injuries
and fatalities. | Students Taking Action for Road Safety Act of 2010 or STARS Act of 2010 - Directs the Secretary of Transportation to establish a teen traffic safety grant program to make formula grants to states to implement statewide programs to improve the traffic safety of teen drivers.
Authorizes a state to use grant funds to implement a statewide program to improve the traffic safety of teen drivers, including activities to support peer-to-peer education and prevention strategies in schools and communities to increase safety belt use and reduce speeding, impaired and distracted driving, underage drinking, and other destructive teen driver decisions that lead to injuries and fatalities.
Authorizes the Secretary to contract with a national, nonprofit organization (center) to provide training and technical assistance to state and local officials, student leaders, school advisors, and other entities associated with the grant program. Authorizes the center to operate a national teen traffic safety clearinghouse.
Directs the Secretary to establish the National Teen Driver Advisory Council to study and develop an education and prevention strategy to reduce teen driver injuries and fatalities. | To establish a grant program in the Department of Transportation to improve the traffic safety of teen drivers. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Kids from Day One Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Life-long food preferences, eating habits, and activity
levels develop early in childhood.
(2) Preschool years are a critical time for determining
whether or not an individual will develop obesity later in
life.
(3) Aerobic fitness and healthy eating patterns support
enhanced behavioral, emotional, and academic performance in
school.
(4) Recent studies indicate that children who are
overweight at age 5 are more likely to be more overweight at
age 9.
(5) Obese preschool children already exhibit signs of
cardiovascular disease and diabetes.
(6) According to a 2007 Centers for Disease Control and
Prevention study, 12.4 percent of children in the United States
ages 2 through 6 are obese.
(7) The 2001 National Household Education Survey found that
74 percent of children in the United States ages 3 through 6
are in some form of non-parental child care, and 56 percent are
in center-based child care.
(8) According to a 2009 analysis of child care center
licensing regulations, only 12 States have a policy prohibiting
or limiting foods of low nutritional value in child care
centers, only 8 States require vigorous or moderate physical
activity, only one of which has a policy quantifying a required
number of minutes of physical activity by day or week, and only
7 States quantify a maximum amount of time for media
(television and electronic) each day or week.
(9) In 2009, the Centers for Disease Control and Prevention
released recommended community strategies and measures to
prevent obesity in the United States that includes child care
specific policy and environmental initiatives to achieve
healthy eating and active living among children from birth to 5
years of age.
(10) In 2009, The Institute of Medicine released findings
supporting local governments' ability to play a crucial role in
creating environments that make it easier for children to eat
healthy diets and remain active.
(11) States should strive to adopt nutrition standards,
practices, and policies for child care centers that are
consistent with the 2005 Dietary Guidelines for Americans.
(12) Child care centers and family child care homes should
serve as settings where children adopt healthy eating habits,
have opportunities for age appropriate physical activity, and
set screen time limits.
(13) Rates of obesity are higher for Black and Latino
children than the overall population of children in the United
States.
(b) Purposes.--It is the purpose of this Act to--
(1) establish a 3-year pilot program in 5 States that will
focus on reducing the increasing prevalence of overweight/
obesity among children between birth and 5 years of age in
child care settings;
(2) enhance the focus of child care centers and family
child care homes serving the birth to 5 years of age population
on children's healthy development through evidence-based or
data-informed practices to improve healthy eating, physical
activity, and screen time limits; and
(3) identify emerging and expand existing evidence-based
practices and understanding of healthy eating, physical
activity, and screen time limits, as appropriate, as well as
replicate curricula, interventions, practices, and policy
changes that are most effective in promoting nutrition and
physical activity among the birth to 5 years of age population
in the child care setting.
SEC. 3. HEALTHY KIDS PROGRAM.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by adding at the end the following:
``PART W--HEALTHY KIDS PROGRAM
``SEC. 399OO. DEFINITIONS.
``In this part:
``(1) Child care center.--The term `child care center'
means a center licensed or otherwise authorized to provide
child care services for fewer than 24 hours per day per child
in a non-residential setting, unless care in excess of 24 hours
is due to the nature of the parents' work.
``(2) Early learning council.--The term `early learning
council' means an early childhood assembly that is established
to advise governors, State legislators, or State agency
administrators on how best to meet the needs of young children
and their families specifically through improvement of programs
and services.
``(3) Family child care home.--The term `family child care
home' means a private family home where home-based child care
is provided for a portion of the day, unless care in excess of
24 hours is due to the nature of the parents' work, and that is
certified, registered, or licensed in the State in which it is
located.
``(4) Screen time limits.--The term `screen time limits'
means policies or guidelines, such as those developed by the
American Academy of Pediatrics, designed to reduce the daily
amount of time that children spend watching or looking at
digital monitors or displays, including television sets,
computer monitors, or hand-held gaming devices.
``(5) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services.
``SEC. 300OO-1. GRANTS.
``(a) In General.--The Secretary, in consultation with appropriate
entities within the Department of Health and Human Services, shall
award 3-year competitive grants to 5 State health departments (or other
appropriate child care licensing entities within such States) to help
reduce and prevent obesity among the birth to 5 year old population of
the State in child care settings outside a child's place of residence.
``(b) Use of Funds.--State grantees shall use amounts received
under a grant under this subsection to--
``(1) provide, or enter into contracts to provide, training
(that meets the requirements of subsection (c)) to the staff of
national, State, or community-based organizations with networks
of child care centers, or a consortium of child care centers
and family child care homes consisting of at least 10 centers,
for the purpose of implementing evidence-based or data-informed
healthy eating and physical activity policies and practices,
including curricula and other interventions; and
``(2) provide grants to child care centers and family child
care homes, whose staff received the training described in
paragraph (1), to implement practice, curricula, and policy
changes (that meet the requirements of subsection (d)) that
promote healthy eating and physical activity among the birth to
5 years of age population.
Preference in awarding grants shall be given to those States that
demonstrate collaboration between relevant State entities related to
child care and health and with key stakeholders, such as State early
learning councils and other community-based organizations working with
child care centers or family child care homes.
``(c) Training Requirements.--
``(1) In general.--Training provided under subsection (b)
shall--
``(A) include the provision of information
concerning age-appropriate healthy eating and physical
activity interventions and culturally competent
curricula for the birth to 5 years of age population in
the State involved, which at a minimum shall include--
``(i) a handbook that includes
recommendations, guidelines, and best practices
for child care centers and family child care
homes relating to healthy eating, physical
activity, and screen time reduction;
``(ii) information about the availability
of and services provided by child care health
consultants; and
``(iii) health and wellness resources
available through the Child Care Bureau and the
Maternal and Child Health Bureau;
``(B) identify, improve upon, and expand nutrition
and physical activity best practices targeted to the
birth to 5 years of age population in the State
involved and identify strategies for incorporating
parental education and other parental involvement; and
``(C) provide instruction on how to appropriately
model, direct, and encourage child care staff behavior
to apply the best practices and strategies identified
under subparagraph (B).
``(2) Training entities.--A grantee may conduct the
training required under this section directly, or may provide
such training through a contract with--
``(A) an appropriate national, State, or community
organization with relevant expertise;
``(B) a health care provider or professional
organization with relevant expertise;
``(C) a university or research center that employs
faculty with relevant expertise; or
``(D) any other entity determined appropriate by
the State and approved by the Secretary.
``(3) Requirement of contract.--If a grantee elects to
provide the training under this section through a contract, the
grantee shall ensure that a consistent healthy eating and
physical activity curriculum is being developed for all child
care entities participating in the pilot program in the State.
``(d) Practice, Curricula, and Policy Changes.--After training is
provided as required under subsection (c), a State grantee shall ensure
that the organizations and consortium involved--
``(1) implement, in child care settings, evidence-based or
data-informed policy changes that promote healthy eating,
physical activity, and appropriate screen time limits among the
birth to 5 years of age population;
``(2) utilize an evidence-based or data-informed,
culturally competent healthy eating and physical activity
curriculum in child care settings focusing on such birth to age
5 population;
``(3) implement programs, activities, and procedures for
incorporating parental education and involvement of parents in
programs, including disseminating a written parental
involvement policy, and coordinating and integrating parental
involvement strategies under this section, to the extent
feasible and appropriate, with parental involvement strategies
under other programs, such as the Head Start program and the
Early Head Start Program; and
``(4) find innovative ways to remove barriers that exist to
providing opportunities for healthy eating and physical
activity.
All activities described in this paragraph shall be evidence-based and
data-informed and be consistent with the curriculum presented through
training activities described in subsection (c).
``SEC. 399OO-2. GRANTS FOR THE EVALUATION OF PILOT PROGRAMS.
``The Secretary shall award competitive grants to Prevention
Research Centers or universities to evaluate the programs carried out
with grants under section 399OO-1, including baseline, process, and
outcome measurements.
``SEC. 399OO-3. COORDINATION.
``(a) Interagency Coordination.--To the extent practicable, the
Secretary shall coordinate activities conducted under this part with
activities undertaken by the National Prevention, Health Promotion and
Public Health Council established under section 4001 of the Patient
Protection and Affordable Care Act (Public Law 111-148). Where
practicable, such coordination shall--
``(1) include the sharing of current and emerging best
practices concerning healthy eating, physical activity, and
screen time limits that have a population-level impact in
promoting nutrition and physical activity in child care
settings;
``(2) promote the effective implementation and
sustainability of such programs; and
``(3) avoid unnecessary duplication of effort.
``(b) Pilot Coordination.--The Secretary shall designate an
individual (directly or through contract) to provide technical
assistance to States and pilot centers in the development,
implementation, and evaluation of activities and dissemination of
information described in paragraphs (1), (2), and (3) of subsection
(a).
``SEC. 399OO-4. EVALUATION AND REPORTING.
``(a) Technical Assistance and Information.--The Secretary shall--
``(1) provide technical assistance to grantees and other
entities providing training under a grant under this part; and
``(2) disseminate to health departments and trainers under
grants under this part information concerning evidence-based or
data-informed approaches, including dissemination of existing
toolkits, curricula, and existing or emerging best practices
that can be expanded or improved upon through a program
conducted under this part.
``(b) Evaluation Requirements.--With respect to evaluations
conducted under section 399OO-2, the Secretary shall ensure that--
``(1) evaluation metrics are consistent across all programs
funded under this part;
``(2) interim outcomes are measured by the number of
centers that have implemented policy and environmental
strategies that support use of curricula and practices
supporting healthy eating, physical activity, and screen time
limits;
``(3) interim outcomes are measured, to the extent
possible, by behavior changes in healthy eating, physical
activity, and screen time; and
``(4) upon completion of the program, the evaluation shall
include an identification of best practices relating to
behavior change and reductions in the increasing prevalence of
overweight and obesity that could be replicated in other
settings.
``(c) Dissemination of Information.--Upon the conclusion of the
programs carried out under this part, the Secretary shall disseminate
to all appropriate agencies within the Department of Health and Human
Services evidence, best practices, and lessons learned from grantees.
Such agencies shall encourage the adoption of the best practices.
``(d) Report to Congress.--Not later than 6 months after the
completion of the pilot program under this part, the Secretary shall
submit to Congress a report concerning the evaluation of the pilot
programs, including recommendations as to how lessons learned from such
programs can be incorporated into future guidance documents developed
and provided by the Secretary and other Federal agencies, as
appropriate.
``SEC. 399OO-5. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this part,
$2,500,000 for each of fiscal years 2011, 2012 and 2013.''. | Healthy Kids from Day One Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to award competitive grants to five state health departments to help reduce and prevent obesity among children between birth and five years of age in child care settings outside of a child's place of residence through training on and implementation of healthy eating and physical activity policies and practices. Requires the Secretary to award grants to Prevention Research Centers or universities to evaluate programs carried out under such grants.
Requires the Secretary to coordinate activities conducted under this Act with activities undertaken by the National Prevention, Health Promotion and Public Health Council, to the extent practicable, including by: (1) sharing current and emergent best practices concerning healthy eating, physical activity, and screen time limits that have a population-level impact in promoting nutrition and physical activity in child care settings; and (2) promoting the effective implementation and sustainability of such programs; and (3) avoiding unnecessary duplication of effort. | A bill to establish a pilot program to reduce the increasing prevalence of overweight/obesity among 0-5 year-olds in child care settings. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Matewan Flood Control Excess Project
Land Disposal Act of 1999''.
SEC. 2. DISPOSITION OF EXCESS PROPERTY.
(a) In General.--The United States shall convey by quit claim deed
to the Town of Matewan, West Virginia, all right, title, and interest
of the United States in and to four parcels of land deemed excess by
the Secretary of the Army, acting through the Chief of the U.S. Army
Corps of Engineers, to the structural project for flood control
constructed by the Corps of Engineers along the Tug Fork River pursuant
to section 202 of Public Law 96-367.
(b) Property Description.--The parcels of land referred to in
subsection (a) are as follows--
(1) A certain parcel of land in the State of West Virginia,
Mingo County, Town of Matewan, and being more particularly
bounded and described as follows:
Beginning at a point on the southerly right-of-way
line of a 40-foot-wide street right-of-way (known as
McCoy Alley), having an approximate coordinate value of
N228,695, E1,662,397, in the line common to the land
designated as U.S.A. Tract No. 834, and the land
designated as U.S.A. Tract No. 837, said point being
South 51 deg.52' East 81.8 feet from an iron pin and
cap marked M-12 on the boundary of the Matewan Area
Structural Project, on the north right-of-way line of
said street, at a corner common to designated U.S.A.
Tracts Nos. 834 and 836; thence, leaving the right-of-
way of said street, with the line common to the land of
said Tract No. 834, and the land of said Tract No. 837,
South 14 deg.37' West 46 feet to the corner common
to the land of said Tract No. 834, and the land of said
Tract No. 837; thence, leaving the land of said Tract
No. 837, severing the lands of said Project,
South 14 deg.37' West 46 feet,
South 68 deg.07' East 239 feet,
North 26 deg.05' East 95 feet to a point on the
southerly right-of-way line of said street; thence,
with the right-of-way of said street, continuing to
sever the lands of said Project,
South 63 deg.55' East 206 feet; thence, leaving the
right-of-way of said street, continuing to sever the
lands of said Project,
South 26 deg.16' West 63 feet; thence, with a curve
to the left having a radius of 70 feet, a delta of
33 deg.58', an arc length of 41 feet, the chord
bearing,
South 09 deg.17' West 41 feet; thence, leaving said
curve, continuing to sever the lands of said Project,
South 07 deg.42' East 31 feet to a point on the
right-of-way line of the floodwall; thence, with the
right-of-way of said floodwall, continuing to sever the
lands of said Project,
South 77 deg.04' West 71 feet,
North 77 deg.10' West 46 feet,
North 67 deg.07' West 254 feet,
North 67 deg.54' West 507 feet,
North 57 deg.49' West 66 feet to the intersection
of the right-of-way line of said floodwall with the
southerly right-of-way line of said street; thence,
leaving the right-of-way of said floodwall and with the
southerly right-of-way of said street, continuing to
sever the lands of said Project,
North 83 deg.01' East 171 feet,
North 89 deg.42' East 74 feet,
South 83 deg.39' East 168 feet,
South 83 deg.38' East 41 feet,
South 77 deg.26' East 28 feet to the point of
beginning, containing 2.59 acres, more or less. The
bearings and coordinate used herein are referenced to
the West Virginia State Plane Coordinate System, South
Zone.
(2) A certain parcel of land in the State of West Virginia,
Mingo County, Town of Matewan, and being more particularly
bounded and described as follows:
Beginning at an iron pin and cap designated Corner
No. M2-2 on the southerly right-of-way line of the
Norfolk and Western Railroad, having an approximate
coordinate value of N228,755 E1,661,242, and being at
the intersection of the right-of-way line of the
floodwall with the boundary of the Matewan Area
Structural Project; thence, leaving the right-of-way of
said floodwall and with said Project boundary, and the
southerly right-of-way of said Railroad,
North 59 deg.45' East 34 feet,
North 69 deg.50' East 44 feet,
North 58 deg.11' East 79 feet,
North 66 deg.13' East 102 feet,
North 69 deg.43' East 98 feet,
North 77 deg.39' East 18 feet,
North 72 deg.39' East 13 feet to a point at the
intersection of said Project boundary, and the
southerly right-of-way of said Railroad, with the
westerly right-of-way line of State Route 49/10;
thence, leaving said Project boundary, and the
southerly right-of-way of said Railroad, and with the
westerly right-of-way of said road,
South 03 deg.21' East 100 feet to a point at the
intersection of the westerly right-of-way of said road
with the right-of-way of said floodwall; thence,
leaving the right-of-way of said road, and with the
right-of-way line of said floodwall,
South 79 deg.30' West 69 feet,
South 78 deg.28' West 222 feet,
South 80 deg.11' West 65 feet,
North 38 deg.40' West 14 feet to the point of
beginning, containing 0.53 acre, more or less. The
bearings and coordinate used herein are referenced to
the West Virginia State Plane Coordinate System, South
Zone.
(3) A certain parcel of land in the State of West Virginia,
Mingo County, Town of Matewan, and being more particularly
bounded and described as follows:
Beginning at a point on the southerly right-of-way
line of the Norfolk and Western Railroad, having an
approximate coordinate value of N228,936 E1,661,672,
and being at the intersection of the easterly right-of-
way line of State Route 49/10 with the boundary of the
Matewan Area Structural Project; thence, leaving the
right-of-way of said road, and with said Project
boundary, and the southerly right-of-way of said
Railroad,
North 77 deg.49' East 89 feet to an iron pin and
cap designated as U.S.A. Corner No. M-4,
North 79 deg.30' East 74 feet to an iron pin and
cap designated as U.S.A. Corner No. M-5-1; thence,
leaving the southerly right-of-way of said Railroad,
and continuing with the boundary of said Project,
South 06 deg.33' East 102 to an iron pipe and cap
designated U.S.A. Corner No. M-6-1 on the northerly
right-of-way line of State Route 49/28; thence, leaving
the boundary of said Project, and with the right-of-way
of said road, severing the lands of said Project,
North 80 deg.59' West 171 feet to a point at the
intersection of the Northerly right-of-way line of said
State Route 49/28 with the easterly right-of-way line
of said State Route 49/10; thence, leaving the right-
of-way of said State Route 49/28 and with the right-of-
way of said State Route 49/10,
North 03 deg.21' West 42 feet to the point of
beginning, containing 0.27 acre, more or less. The
bearings and coordinate used herein are referenced to
the West Virginia State Plane Coordinate System, South
Zone.
(4) A certain parcel of land in the State of West Virginia,
Mingo County, Town of Matewan, and being more particularly
bounded and described as follows:
Beginning at a point at the intersection of the
easterly right-of-way line of State Route 49/10 with
the right-of-way line of the floodwall, having an
approximate coordinate value of N228,826 E1,661,679;
thence, leaving the right-of-way of said floodwall, and
with the right-of-way of said State Route 49/10,
North 03 deg.21' West 23 feet to a point at the
intersection of the easterly right-of-way line of said
State Route 49/10 with the southerly right-of-way line
of State Route 49/28; thence, leaving the right-of-way
of said State Route 49/10 and with the right-of-way of
said State Route 49/28,
South 80 deg.59' East 168 feet,
North 82 deg.28' East 45 feet to an iron pin and
cap designated as U.S.A. Corner No. M-8-1 on the
boundary of the Western Area Structural Project;
thence, leaving the right-of-way of said State Route
49/28, and with said Project boundary,
South 08 deg.28' East 88 feet to an iron pin and
cap designated as U.S.A. Corner No. M-9-1 point on the
northerly right-of-way line of a street (known as McCoy
Alley); thence, leaving said Project boundary and with
the northerly right-of-way of said street,
South 83 deg.01' West 38 feet to a point on the
right-of-way line of said floodwall; thence, leaving
the right-of-way of said street, and with the right-of-
way of said floodwall,
North 57 deg.49' West 180 feet,
South 79 deg.30' West 34 feet to a point of
beginning, containing 0.24 acre, more or less. The
bearings and coordinate used herein are referenced to
the West Virginia State Plane Coordinate System, South
Zone. | Matewan Flood Control Excess Project Land Disposal Act of 1999 - Directs the United States to convey to the Town of Matewan, West Virginia, four specified parcels of land deemed excess by the Secretary of the Army, acting through the Chief of the U.S. Army Corps of Engineers, to the structural project for flood control constructed by the Corps along the Tug Fork River. | Matewan Flood Control Excess Project Land Disposal Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commonwealth of the Northern Mariana
Islands Reform Act''.
SEC. 2. FINDINGS.
The Congress finds that:
(1) The Covenant to Establish a Commonwealth of the
Northern Mariana Islands in Political Union with the United
States of America was approved by Congress pursuant to Public
Law 94-241, 90 Stat. 263.
(2) At the time that the Covenant was being negotiated,
representatives of the government of the Northern Mariana
Islands expressed concern that United States immigration laws
would allow unrestricted immigration into their small island
community.
(3) In response to these concerns, section 503(a) of the
Covenant provided that the Immigration and Naturalization Act
did not immediately apply to the Commonwealth of the Northern
Mariana Islands.
(4) Congress expressly reserved the right to extend the
Immigration and Naturalization Act to the Commonwealth of the
Northern Mariana Islands at a future date.
(5) Following the enactment of the Covenant, the
Commonwealth of the Northern Mariana Islands instituted a
largely unrestricted immigration policy, causing the
Commonwealth's population to increase from 16,780 in 1980 to a
population of over 58,800 in 1995, with foreign workers
outnumbering United States citizens.
(6) As a result of these immigration policies, 91 percent
of the private sector work force in the Commonwealth is
comprised of foreign workers.
(7) The Commonwealth of the Northern Mariana Islands has
used its immigration policy to recruit a large, low-cost
foreign work force of desperately poor individuals with no
meaningful opportunity to demand safe living and working
conditions of fair wages and benefits.
(8) Notwithstanding an unemployment rate of 14 percent
among United States citizens, the Commonwealth has recruited
increasing numbers of foreign workers.
(9) Even though the Commonwealth alleges that unfilled job
openings justify recruitment of an increasing number of foreign
workers, the Commonwealth's own statistics indicate an
unemployment rate of 4.5 percent among foreign workers.
(10) The United States Immigration and Naturalization
Service reported that the Commonwealth of the Northern Mariana
Islands has no reliable records of aliens who have entered the
Commonwealth, how long they remain, and when, if ever, they
depart.
(11) At the time that the Covenant was being negotiated,
representatives of the government of the Northern Mariana
Islands expressed concern that the minimum wage provisions of
the Fair Labor Standards Act would disrupt the Commonwealth's
struggling local economy.
(12) In response to these concerns, section 503(c) of the
Covenant provided that the minimum wage provisions of the Fair
Labor Standards Act did not immediately apply to the
Commonwealth.
(13) Congress expressly reserved the right to extend the
minimum wage provisions of the Fair Labor Standards Act to the
Commonwealth of the Northern Mariana Islands at a future date.
(14) The economy of the Commonwealth of the Northern
Mariana Islands has grown significantly and, in 1996, annual
gross business revenues rose to $1,500,000,000, a sixfold
increase during the past decade.
(15) The current minimum wage in the Commonwealth of the
Northern Mariana Islands is only $3.05 per hour for garment and
construction industry workers and $3.05 per hour for those
working in other industries.
(16) The United States Department of Labor has uncovered a
systematic pattern of labor abuses in the Commonwealth of the
Northern Mariana Islands, including--
(A) involuntary servitude and peonage,
(B) illegal withholding of wages earned,
(C) nonpayment of overtime wages,
(D) illegal deductions from paychecks,
(E) kickbacks of wages paid to employees,
(F) employee lockdowns in worksites and living
barracks, and
(G) unsafe and unhealthy working and living
environments.
(17) Despite an expectation that they will enjoy the
American dream in the Commonwealth of the Northern Mariana
Islands, foreign workers have been required to sign contracts
with government representatives in the People's Republic of
China which--
(A) waive rights guaranteed to United States
workers,
(B) forbid participation in religious and political
activities while in the United States,
(C) prohibit workers from dating or marrying in the
United States,
(D) subject employees to civil and labor penalties
if returned to China, and
(E) permit Chinese Government recruiters to charge
a fee of 25 percent of an employee's net pay for a
period of two years.
(18) The United States Department of Justice has determined
that the immigration and labor situation in the Commonwealth of
the Northern Mariana Islands has created a major organized
crime problem in the Commonwealth which involves--
(A) immigration document fraud,
(B) public corruption,
(C) racketeering,
(D) drug trafficking,
(E) prostitution,
(F) pornography,
(G) extortion,
(H) gambling,
(I) smuggling, and
(J) other forms of violent crime.
(19) The United States Department of Justice is
investigating numerous cases in the Commonwealth of the
Northern Mariana Islands of women being recruited from the
Philippines, China, and other Asian countries expressly for
criminal sexual activity, and has also described this situation
as the ``systematic trafficking of women and minors for
prostitution''.
(20) The Commonwealth of the Northern Mariana Islands is
exempt from Federal immigration law, the Federal minimum wage
law, and Federal tariffs and taxes, yet its products are sold
as ``Made in USA'' although 95 percent of the workers in the
garment manufacturing industry are not United States citizens.
(21) Garments made in the Commonwealth of the Northern
Mariana Islands carrying the ``Made in USA'' label compete
directly with garments made on the United States mainland by
workers and businesses that are subject to Federal immigration
law, the Federal minimum wage law, and Federal taxes.
(22) In 1996, garment manufacturers in the Commonwealth
shipped garments to the Continental United States with a
wholesale value of $555 million, a 30-percent increase over the
previous year.
(23) Congress appropriated $10 million to fund a three-year
initiative by the United States Departments of Justice, Labor,
and Interior to assist the Commonwealth in its efforts to
improve its labor and immigration policies.
(24) Despite this appropriation there has been little or no
improvement in the immigration and labor policies of the
Commonwealth of the Northern Mariana Islands.
(25) The government of the Commonwealth of the Northern
Mariana Islands has been ineffective in stemming the flow of
immigration onto United States soil, raising the wage and
living standards for workers, and aggressively prosecuting
labor and human rights abuses.
(26) Despite efforts by the Reagan, Bush, and Clinton
administrations to persuade the government of the Commonwealth
of the Northern Mariana Islands to correct problems in the
Commonwealth, the situation has only deteriorated.
(27) The continuing concern about labor abuses, the
Commonwealth's immigration policy, and the employment of
foreign workers in a manner that unfairly competes with other
United States manufacturing prompted President Clinton on May
30, 1997, to notify the Governor of the Commonwealth of the
Northern Mariana Islands that Federal immigration and minimum
wage laws should be applied to the Commonwealth.
SEC. 3. APPLICATION OF IMMIGRATION LAW.
(a) Article V, section 506 of the Covenant to Establish a
Commonwealth of the Northern Mariana Islands in Political Union with
the United States of America (approved by Public Law 94-241, 90 Stat.
263) is amended by adding at the end thereof the following:
``(e)(1) For purposes of entry into the Northern Mariana Islands by
any individual (but not for purposes of entry by an individual into the
United States from the Northern Mariana Islands), the Immigration and
Nationality Act shall apply as if the Northern Mariana Islands were a
State (as defined in section 101(a)(36) of the Immigration and
Nationality Act).
``(2) Notwithstanding paragraph (1), with respect to an individual
seeking entry into the Northern Mariana Islands for purposes of
employment in the textile, hotel, tourist, or construction industry
(including employment as a contractor), the Federal statutes and
regulations governing admission to Guam of individuals described in
section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act
shall apply. For purposes of this paragraph--
``(A) references in such statutes and regulations to United
States resident workers shall be deemed to be references to
United States citizens, national or resident workers; and
``(B) references in such statutes and regulations to Guam
shall be deemed to be references to the Northern Mariana
Islands.
``(3) When deploying personnel to enforce the provisions of this
section, the Attorney General shall coordinate with, and act in
conjunction with, State and local law enforcement agencies to ensure
that such deployment does not degrade or compromise the law enforcement
capabilities and functions currently performed by immigration officers.
``(4) The Attorney General shall prescribe and implement a
transition period for the amendments made to section 506(a) of the
Covenant. The transition period shall not exceed 4 years from the
effective date of this subsection. Not later than 2 years after the
date of enactment of the Commonwealth of the Northern Mariana Islands
Reform Act, the Attorney General shall submit a report on the status of
implementing this section.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect 180 days after the date of enactment of this Act except
that the amendment designated as ``(e)(2)'' shall take effect on the
date of enactment of this Act.
SEC. 4. LABELING REQUIREMENTS FOR TEXTILE FIBER PRODUCTS.
(a) Public Law 94-241 is amended by adding at the end the
following:
``Sec. 6. Labeling of textile fiber products
``(a) No textile fiber product that is made or assembled in the
Commonwealth of the Northern Mariana Islands shall have a stamp, tag,
label, or other means of identification or substitute therefor on or
affixed to the product stating `Made in USA' or otherwise stating or
implying that the product was made or assembled in the United States
unless the product is made or assembled using direct labor that meets
the required percentage of qualified manhours.
``(b) A textile fiber product that does not meet the requirements
of subsection (a) shall be deemed to be misbranded for purposes of the
Textile Fiber Products Identification Act (Public Law 85-897, 72 Stat.
1717).
``(c) In this section:
``(1) Direct labor.--The term `direct labor' includes any
work provided to prepare, assemble, process, package, or
transport a textile fiber product, but does not include
supervisory, management, security, or administrative work.
``(2) Freely associated states.--The term `Freely
Associated States' means the Republic of Palau, the Republic of
the Marshall Islands, and the Federated States of Micronesia.
``(3) Qualified manhours.--The term `qualified manhours'
means the manhours of direct labor performed by persons who are
citizens or nationals of the United States or citizen of the
Freely Associated States.
``(4) Required percentage.--The term `required percentage'
means--
``(A) 20 percent, for the period beginning January
1, 1998, through December 31, 1998;
``(B) 35 percent, for the period beginning January
1, 1999, through December 31, 1999; and
``(C) 50 percent, for the period beginning January
1, 2000, and thereafter.
``(b) Effective Date.--The amendments made by this section shall
take effect on the date of enactment of this Act.''.
SEC. 5. MINIMUM WAGE REQUIREMENTS.
(a) Section 503 of Article V of the Covenant to Establish a
Commonwealth of the Northern Mariana Islands in Political Union with
the United States of America (approved by Public Law 94-241) is amended
by deleting ``States; and (c) the minimum wage provisions of Section 6,
Act of June 25, 1938, 52 State. 1062, as amended.'' and inserting in
lieu thereof ``States.''.
(b) Public Law 94-241, 90 Stat. 263, is amended by adding at the
end thereof the following:
``Sec. 7. Minimum wages in the Commonwealth of the Northern Mariana
Islands
``(a) The minimum wage provisions of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206(a)(1)) shall apply to the Commonwealth of the
Northern Mariana Islands, except that--
``(1) during the period beginning 30 days after the date of
enactment of this Act and ending on December 31, 1997, the
minimum wage rate applicable to the Commonwealth of the
Northern Mariana Island shall be $3.05 an hour for an employee;
``(2) beginning on January 1, 1998, and each calendar year
thereafter, the minimum wage rate applicable to the
Commonwealth of the Northern Mariana Islands for an employee
for each such calendar year shall be the minimum rate
applicable to the Commonwealth of the Northern Mariana Islands
for the preceding calendar year increased by 30 cents or the
amount necessary to increase the minimum wage rate to the rate
described in section 6(a)(1) of the Fair Labor Standards Act of
1938, whichever is less; and
``(3) after the calendar year in which the minimum wage
rate applicable to the Commonwealth of the Northern Mariana
Islands has been increased under subparagraph (A) to the
minimum wage rate described in section 6(a)(1) of the Fair
Labor Standards Act of 1938, the minimum wage rate applicable
to the Commonwealth of the Northern Mariana Islands for an
employee for any succeeding calendar year shall be the rate
described in such section.''.
(b) Effective Date.--The amendments made by this section shall take
effect 30 days after the date of enactment of this Act.
SEC. 5. REPORT.
Not later than 1 year after the date of enactment of this Act, the
Secretary of the Interior, in consultation with other Federal agencies,
shall conduct a study of the extent of human rights violations and
labor rights violations in the Commonwealth of the Northern Mariana
Islands, including the use of forced or indentured labor, and any
efforts being taken by the Government of the United States or the
Commonwealth of the Northern Mariana Islands to address or prohibit
such violations. The Secretary of the Interior shall include the
results of such study in the annual report, entitled ``Federal CNMI
Initiative on Labor, Immigration, and Law Enforcement,'' transmitted to
Congress.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out provisions of this Act. | Commonwealth of the Northern Mariana Islands Reform Act - Amends the Covenant to Establish the Commonwealth of the Northern Mariana Islands to treat the Northern Mariana Islands as a State under the Immigration and Nationality Act with respect to an individual's entry into the Commonwealth (but not entry from the Commonwealth into the United States).
Applies Federal statutes and regulations governing admission of certain workers to Guam to individuals seeking entry into the Northern Mariana Islands for purposes of employment in the textile, hotel, tourist, or construction industries. Requires the Attorney General to coordinate and act in conjunction with State and local law enforcement agencies to ensure that deployment of personnel to enforce such statutes and regulations does not degrade or compromise the law enforcement capabilities and functions currently performed by immigration officers.
Amends Federal law to prohibit affixation of the "Made in the USA" label to a textile fiber product from the Northern Mariana Islands unless it is made or assembled using direct labor meeting a specified percentage of qualified manhours by U.S. citizens or nationals or citizens of the Freely Associated States of the Republic of Palau, the Republic of the Marshall Islands, or the Federated States of Micronesia.
Applies to the Northern Mariana Islands the minimum wage provisions of the Fair Labor Standards Act of 1938, as modified by this Act. Requires a minimum wage through December 31, 1997, of $3.05 per hour, adjusted annually thereafter in increments of $.30 or the amount necessary to increase the minimum wage rate to the rate required by the Fair Labor Standards Act of 1938, whichever is less. Applies permanently to the Northern Mariana Islands the minimum wage rate required by the Fair Labor Standards Act of 1938 once the incrementally increased rate equals such rate.
Directs the Secretary of the Interior to study the extent of human and labor rights violations in the Commonwealth of the Northern Mariana Islands, including the use of forced or indentured labor, and any efforts taken by the Government of the United States or the Commonwealth of the Northern Mariana Islands to address or prohibit such violations. Requires inclusion of study results in the annual "Federal CNMI Initiative on Labor, Immigration, and Law Enforcement" report to Congress.
Authorizes appropriations. | Commonwealth of the Northern Mariana Islands Reform Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice in India Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) each year, in both Jammu and Kashmir and the Punjab,
the Government of India detains thousands of persons under
special or preventive detention laws without informing them of
the charges against them;
(2) most of these detainees are political prisoners,
including prisoners of conscience;
(3) they are often detained for several months and
sometimes even more than a year;
(4) detainees are not permitted any contact with lawyers or
family members unless they are remanded to judicial custody and
transferred to prison, and only then if the family on its own
is able to locate the detainee;
(5) in most cases, these persons are detained under the
Terrorist and Disruptive Activities (Prevention) Act of 1987,
the National Security Act of 1980, and the Jammu and Kashmir
Public Safety Act of 1978;
(6) the Terrorist and Disruptive Activities (Prevention)
Act of 1987 authorizes administrative detention without formal
charge or trial for up to 1 year for investigation of suspected
``terrorist'' or broadly defined ``disruptive'' activities;
(7) the 1-year period of permissible detention before trial
violates Article 9 of the International Covenant on Civil and
Political Rights, to which India is a party;
(8) Article 9 of the International Covenant provides,
``Anyone arrested or detained on a criminal charge shall be
brought promptly before a judge or other officer authorized by
law to exercise judicial power and shall be entitled to trial
within a reasonable time or to release.'';
(9) under the Terrorist and Disruptive Activities
(Prevention) Act of 1987, all proceedings before a designate
court must be conducted in secret ``at any place other
than...[the court's]...ordinary place of sitting'';
(10) section 16(2) of the Terrorist and Disruptive
Activities (Prevention) Act of 1987 permits the designated
court to keep the ``identity and address of any witness
secret'';
(11) under the Terrorist and Disruptive Activities
(Prevention) Act of 1987, a confession to a senior police
officer can be admitted as evidence if there is reason to
believe it was made voluntarily;
(12) the Terrorist and Disruptive Activities (Prevention)
Act of 1987 amends India's criminal code, which prohibits such
confessions, and substantially increases the risk of torture;
(13) the Terrorist and Disruptive Activities (Prevention)
Act of 1987 reverses the presumption of innocence, placing the
burden on the accused to prove that he or she is not guilty;
(14) the National Security Act of 1980 permits the
detention of persons without charge or trial for up to 1 year
in order to prevent them from acting in a manner prejudicial to
the security of the state, the maintenance of public order, the
maintenance of supplies and services essential to the
community, or relations with a foreign power;
(15) the National Security Act of 1980 was amended to
permit 2 years detention in the Punjab;
(16) under this Act, India may detain any person engaged in
behavior ``prejudicial to the defense of India, the relations
of India with foreign powers, or the security of India'';
(17) the Jammu and Kashmir Public Safety Act of 1978
empowers India to detain persons without trial for up to 1 year
for a broad range of activities, including ``promoting,
propagating, or attempting to create, feelings of enmity or
hatred or disharmony on grounds of religion, race, community,
or region'';
(18) the Armed Forces (Punjab and Chandigarh) Special
Powers Act of 1983 and the Armed Forces (Jammu and Kashmir)
Special Powers Act of 1990 empower Indian security forces to
search homes without warrant, to make arrests without warrant,
to destroy the ``hideouts'' of suspected terrorists, and to
shoot to kill with immunity from prosecution;
(19) Indian security forces routinely employ methods of
torture, beatings, and threats to induce detainees to sign
statements of confession and to identify suspected militants;
(20) the Terrorist and Disruptive Activities (Prevention)
Act of 1987, the National Security Act of 1980, the Jammu and
Kashmir Public Safety Act of 1978, the Armed Forces (Punjab and
Chandigarh) Special Powers Act of 1983, and the Armed Forces
(Jammu and Kashmir) Special Powers Act of 1990 facilitate human
rights abuses by suspending ordinary safeguards against
arbitrary arrest, incommunicado detention, and torture; and
(21) these 5 laws are incompatible with the principles of a
modern democracy.
SEC. 3. REDUCTION OF DEVELOPMENT ASSISTANCE FOR INDIA UNLESS CERTAIN
LAWS REPEALED.
(a) Report.--Not later than 60 days after the date of the enactment
of this Act, the President shall report to the Congress whether the
Government of India has repealed all the laws specified in subsection
(d).
(b) Reduction of Assistance.--If the President reports to Congress,
either pursuant to subsection (a) or at any other time, that the
Government of India has not repealed all the laws specified in
subsection (d), all development assistance for India under chapter 1 of
part I of the Foreign Assistance Act of 1961 shall be terminated except
for assistance to continue the Immunodiagnostic Development Project,
the Child Survival Health Support Project, and the Private and
Voluntary Organizations for Health II Project.
(c) Resumption of Assistance.--Assistance terminated pursuant to
subsection (b) may be resumed only if the President reports to Congress
that the Government of India has repealed all the laws specified in
subsection (d).
(d) Special and Preventive Detention Laws.--The laws referred to in
subsections (a), (b), and (c) are the Terrorist and Disruptive
Activities (Prevention) Act of 1987, the National Security Act of 1980,
the Jammu and Kashmir Public Safety Act of 1978, the Armed Forces
(Punjab and Chandigarh) Special Powers Act of 1983, and the Armed
Forces (Jammu and Kashmir) Special Powers Act of 1990. | Justice in India Act - Terminates all development assistance for India under the Foreign Assistance Act of 1961 (except assistance for specified health projects) if the President reports to the Congress that India has not repealed certain special and preventive detention laws. Provides for the resumption of such assistance if India repeals such laws. | Justice in India Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Security Officer Screening
Improvement Act of 2014''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Integrated Automated Fingerprint Identification
System of the Federal Bureau of Investigation maintains
fingerprints and criminal history records on more than
71,000,000 individuals.
(2) Congress has worked with the States to make criminal
history background checks available to employers of private
security officers through the Private Security Officer
Employment Authorization Act of 2004 (28 U.S.C. 534 note) and
statutes enacted by dozens of States in compliance with Public
Law 92-544. However, there are still numerous persons employed
as private security officers, entrusted to safeguard and
protect people and property, who do not undergo criminal
history background checks authorized by Federal and State law.
SEC. 3. BACKGROUND CHECKS.
The National Child Protection Act of 1993 (42 U.S.C. 5119 et seq.)
is amended--
(1) by redesignating section 5 as section 6; and
(2) by inserting after section 4 the following:
``SEC. 5. PROGRAM FOR NATIONAL CRIMINAL HISTORY BACKGROUND CHECKS.
``(a) Definitions.--In this section--
``(1) the term `background check designee' means the entity
designated by the Attorney General under subsection (b)(3) to
carry out the duties described in subsection (c);
``(2) the term `covered entity' means any person that
employs a private security officer;
``(3) the term `covered individual' means an individual who
is employed or applying for employment as a private security
officer;
``(4) the term `criminal history review designee' means the
entity designated by the Attorney General under subsection
(b)(2) to carry out the criminal history review program;
``(5) the term `criminal history review program' means the
program established under subsection (d);
``(6) the term `qualified State program' means a program of
a State authorized agency that provides access to national
criminal history background checks, as authorized by Federal or
State law;
``(7) the term `private security officer' has the meaning
given the term in subsection (c)(3) of the Private Security
Officer Employment Authorization Act of 2004 (28 U.S.C. 534
note); and
``(8) the term `State' means a State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico,
American Samoa, the Virgin Islands, Guam, the Commonwealth of
the Northern Mariana Islands, the Federated States of
Micronesia, the Republic of the Marshall Islands, and the
Republic of Palau.
``(b) Establishment of Program.--
``(1) Purpose.--The purpose of this subsection is to
facilitate widespread access to State and national criminal
history background checks, not otherwise authorized by Federal
or State law, on private security officers and prospective
private security officers.
``(2) In general.--Not later than 1 year after the date of
enactment of the Security Officer Screening Improvement Act of
2014, the Attorney General shall establish--
``(A) policies and procedures to carry out the
duties described in subsection (c); and
``(B) a criminal history review program in
accordance with subsection (d).
``(3) Designees.--The Attorney General may designate 1 or
more Federal Government agencies to carry out the duties
described in subsection (c).
``(c) Access to State and National Background Checks.--
``(1) Duties.--The Attorney General shall--
``(A) inform covered entities about how to request
State and national background checks--
``(i) for covered entities located in a
State with a qualified State program, by
referring the covered entity to the State
authorized agency; or
``(ii) for covered entities located in a
State without a qualified State program, by
providing information on alternative methods of
obtaining a State and national background
check;
``(B) complete a check of the national criminal
history background check system; and
``(C) provide information received in response to
such national criminal history background check to the
criminal history review designee.
``(2) Required information.--A request for a State and
national criminal history background check shall include--
``(A) the fingerprints of the covered individual;
``(B) other documents required by State law for a
State criminal history background check; and
``(C) the appropriate fee.
``(3) Fees.--The Attorney General shall, in addition to the
fee for the non-criminal justice, non-law enforcement national
criminal history background check authorized under title II of
the Department of Justice Appropriations Act, 1991 under the
heading `salaries and expenses' under the heading `Federal
Bureau of Investigation' (Public Law 101-105; 28 U.S.C. 534
note)--
``(A) collect a fee to offset the costs of carrying
out the duties described in subsection (d), in an
amount equal to the cost of conducting the criminal
history review; and
``(B) remit such fee to the Federal Bureau of
Investigation.
``(d) Criminal History Review Program.--
``(1) Purpose.--The purpose of this subsection is to
provide covered entities with reliable and accurate information
regarding the fitness of the covered individuals for performing
security services.
``(2) Requirements.--The Attorney General or designee
shall--
``(A) establish procedures to securely receive
criminal history records;
``(B) make determinations regarding whether the
criminal history records received in response to a
criminal history background check conducted under this
section indicate that the covered individual has a
criminal history that may bear on the covered
individual's fitness to perform security services; and
``(C) convey to the covered entity that submitted
the request for a State and national criminal history
background check--
``(i) the fitness and suitability of the
covered individual based solely on the criteria
described in paragraph (3); and
``(ii) instructions and guidance that the
covered entity should consult the Equal
Employment Opportunity Commission Enforcement
Guidance #915.002, dated April 25, 2012,
`Consideration of Arrest and Conviction Records
in Employment Decisions under Title VII of the
Civil Rights Act of 1964', or any successor
thereto, issued by the United States Equal
Employment Opportunity Commission.
``(3) Criminal history review criteria.--In determining
whether a criminal history record indicates that a covered
individual has a criminal history that may bear on the fitness
of the covered individual to perform security services, the
Attorney General or designee shall employ the criteria used to
evaluate individuals under the Private Security Officer
Employment Authorization Act of 2004 (28 U.S.C. 534 note).
``(4) Application processing.--
``(A) In general.--The Attorney General shall
establish the process by which a covered entity in a
State without a qualified State program may obtain a
State and national criminal history background check.
``(B) Challenge to completeness of record.--A
covered individual may challenge the completeness of
any information in the criminal history record of the
individual by contacting the Federal Bureau of
Investigation under the procedure set out in section
16.34 of title 28, Code of Federal Regulations, or any
successor thereto.
``(5) Participation in program.--The Attorney General or
designee shall determine whether an entity is a covered entity.
``(6) Privacy of information.--
``(A) In general.--Any entity authorized to receive
or transmit fingerprints or criminal history records
under this section--
``(i) shall use the fingerprints, criminal
history records, or information in the criminal
history records only for the purposes
specifically set forth in this section; and
``(ii) shall maintain adequate security
measures to ensure the confidentiality of the
fingerprints, the criminal history records, and
the information in the criminal history
records.
``(B) Retention of fingerprints by the fbi.--In
accordance with State or Federal procedures, for the
purpose of providing fingerprint verification, criminal
investigation or subsequent hit notification services,
or for the retention of criminal history, the Federal
Bureau of Investigation may retain any fingerprints
submitted to the Federal Bureau of Investigation under
this section.
``(7) Rule of construction.--Nothing in this subsection
shall be construed to change or replace any background check
program authorized by Federal or State law on the day before
the date of enactment of the Security Officer Screening
Improvement Act of 2014.''. | Security Officer Screening Improvement Act of 2014 - Amends the National Child Protection Act of 1993 to direct the Attorney General to establish policies and procedures for: (1) informing entities that employ private security officers about how to request state and national background checks on officers and applicants, and (2) completing a check of the national criminal history background check system and providing information received to the entity designated by the Attorney General to carry out the criminal history review program. Requires a request for such a check to include the fingerprints of the covered individual, other documents required by state law for a state criminal history background check, and the appropriate fee, which shall be remitted to the Federal Bureau of Investigation (FBI), to offset the costs of conducting the criminal history review. Requires the Attorney General (or such designee) to: (1) establish a criminal history review program to provide requesting entities with information on the criminal history of officers or applicants; (2) establish procedures to securely receive criminal history records; (3) make determinations regarding whether such records indicate that the officer or applicant has a criminal history that may bear on his or her fitness to perform security services; and (4) convey to the requesting entity such determinations and guidance that the entity should consult the Equal Employment Opportunity Commission Enforcement Guidance #915.002, dated April 25, 2012, and entitled "Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964." Authorizes the FBI to retain any fingerprints submitted to it under this Act. | Security Officer Screening Improvement Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Access and Flexibility Act of
2003''.
SEC. 2. EXPANSION OF MEDICAL SAVINGS ACCOUNTS.
(a) Availability Not Limited to Accounts for Employees of Small
Employers and Self-Employed Individuals.--
(1) In general.--Subparagraph (A) of section 220(c)(1) of
the Internal Revenue Code of 1986 (relating to eligible
individual) is amended to read as follows:
``(A) In general.--The term `eligible individual'
means, with respect to any month, any individual if--
``(i) such individual is covered under a
high deductible health plan as of the 1st day
of such month, and
``(ii) such individual is not, while
covered under a high deductible health plan,
covered under any health plan--
``(I) which is not a high
deductible health plan, and
``(II) which provides coverage for
any benefit which is covered under the
high deductible health plan.''.
(2) Repeal of Limitations on Number of Medical Savings
Accounts.--
(A) In general.--Subsections (i) and (j) of section
220 are hereby repealed.
(B) Conforming amendments.--
(i) Paragraph (1) of section 220(c) of such
Code is amended by striking subparagraph (D).
(ii) Section 138 of such Code is amended by
striking subsection (f).
(3) Conforming amendments.--
(A) Section 220(c)(1) of such Code is amended by
striking subparagraph (C).
(B) Section 220(c) of such Code is amended by
striking paragraph (4) (defining small employer) and by
redesignating paragraph (5) as paragraph (4).
(C) Section 220(b) of such Code is amended by
striking paragraph (4) (relating to deduction limited
by compensation) and by redesignating paragraphs (5),
(6), and (7) as paragraphs (4), (5), and (6),
respectively.
(b) Reduction of Permitted Deductibles Under High Deductible Health
Plans.--
(1) In general.--Subparagraph (A) of section 220(c)(2) of
such Code (defining high deductible health plan) is amended--
(A) in clause (i) by striking ``$1,500'' and
inserting ``$1,000'', and
(B) in clause (ii) by striking ``$3,000'' and
inserting ``$2,000''.
(2) Cost of living adjustment.--Subsection (g) of section
220 of such Code is amended by striking ``each dollar amount in
subsection (c)(2) shall be increased'' and inserting ``the
$2,250, $4,500, $3,000, and $5,500 amounts in subsection
(c)(2)(A) shall each be increased''.
(c) Increase in Amount of Deduction Allowed for Contributions to
Medical Savings Accounts.--
(1) In general.--Paragraph (2) of section 220(b) of such
Code is amended to read as follows:
``(2) Monthly limitation.--The monthly limitation for any
month is the amount equal to \1/12\ of the annual deductible
under the type of coverage such individual has for such
month.''
(2) Conforming amendment.--Clause (ii) of section
220(d)(1)(A) of such Code is amended by striking ``75 percent
of''.
(d) Both Employers and Employees May Contribute to Medical Savings
Accounts.--Paragraph (4) of section 220(b) of such Code (as
redesignated by subsection (b)(2)(C)) is amended to read as follows:
``(4) Coordination with exclusion for employer
contributions.--The limitation which would (but for this
paragraph) apply under this subsection to the taxpayer for any
taxable year shall be reduced (but not below zero) by the
amount which would (but for section 106(b)) be includible in
the taxpayer's gross income for such taxable year.''.
(e) Rollovers to Archer MSAs From Health Flexible Spending
Arrangements..--
(1) In general.--Subsection (d) of section 220 of the
Internal Revenue Code of 1986 (defining Archer MSA) is amended
by redesignating paragraph (4) as paragraph (5) and by
inserting after paragraph (3) the following new paragraph:
``(4) Special rule for rollovers from health flexible
spending accounts.--A rollover contribution described in this
paragraph is a transfer from a flexible spending account (as
defined in section 125(h)) to the extent the amount received is
paid into an Archer MSA for the benefit of such holder not
later than the 60th day after the day on which the holder
receives the payment or distribution.''.
(2) Rollover of unused health benefits in cafeteria plans
and flexible spending arrangements.--
(A) In general.--Section 125 of such Code (relating
to cafeteria plans) is amended by redesignating
subsections (h) and (i) as subsections (i) and (j),
respectively, and by inserting after subsection (g) the
following:
``(h) Rollover to Archer Medical Savings Accounts of Certain Unused
Health Benefits.--
``(1) In general.--For purposes of this title, a plan or
other arrangement shall not fail to be treated as a cafeteria
plan solely because qualified benefits under such plan include
a health flexible spending arrangement under which, with
respect to any plan year, health benefits which are unused at
the end of such year may be transferred to an Archer MSA of the
employee.
``(2) Tax treatment of unused health benefits.--Amounts
transferred under paragraph (1) to an Archer MSA shall not be
includible in gross income for such taxable year and shall not
be treated as a contribution for purposes of section 220(a).
``(3) Health flexible spending arrangement.--For purposes
of this subsection, the term `health flexible spending
arrangement' means a flexible spending arrangement (as defined
in section 106(c)) that is a qualified benefit and only permits
reimbursement for expenses for medical care (as defined in
section 213(d)(1) (without regard to subparagraphs (C) and (D)
thereof).
``(4) Unused health benefits.--For purposes of this
subsection, the term `unused health benefits' means the excess
of--
``(A) the maximum amount of reimbursement allowable
for a plan year under a health flexible spending
arrangement, over
``(B) the actual amount of reimbursement for such
year under such arrangement.''.
(B) Conforming amendment.--Section 220(d)(1)(A) of
such Code is amended by inserting ``described in
paragraph (4) or'' after ``contribution''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.
SEC. 3. MEDICAL FREEDOM ACCOUNTS UNDER THE MEDICAID PROGRAM AND UNDER
THE STATE CHILDREN'S HEALTH INSURANCE PROGRAM (SCHIP).
(a) In General.--Title XIX of the Social Security Act is amended--
(1) by redesignating section 1935 as section 1936; and
(2) by inserting after section 1934 the following new
section:
``medical freedom accounts
``Sec. 1935. (a) Authority.--
``(1) In general.--Notwithstanding any other provision of
this title, a State may amend its State plan under this title
(including in a Statewide waiver under section 1115 relating to
this title) to provide in accordance with this section for the
provision of alternative benefits consistent with subsection
(c) for eligible population groups in one or more geographic
areas of the State specified by the State. An amendment under
the previous sentence is referred to in this section as a
`State plan amendment'.
``(2) Approval.--The Secretary shall not approve a State
plan amendment under paragraph (1) unless the amendment
incorporates the following:
``(A) Creating patient awareness of the high cost
of medical care.
``(B) Providing incentives to patients to seek
preventive care services.
``(C) Reduction in inappropriate use of health care
services.
``(D) Enabling patients to take responsibility for
health outcomes.
``(b) Eligible Populations Groups.--The State plan amendment under
this section shall specify the eligible population groups.
``(c) Alternative Benefits.--
``(1) In general.--The alternative benefits provided under
this section shall consist of at least--
``(A) coverage for medical expenses in a year after
a catastrophic deductible has been met; and
``(B) contribution into a medical freedom account.
``(2) Overriding existing benefits.--The provisions of this
title relating to mandated benefits or cost-sharing or
comparability of benefits (including sections 1902(a)(10) and
1916) shall not apply to an individual or family being provided
alternative benefits under this section.
``(3) Treatment as medical assistance.--Payments for
alternative benefits under this section (including
contributions into a medical freedom account) shall be treated
as medical assistance for purposes of section 1903(a).
``(d) Medical Freedom Account.--
``(1) In general.--For purposes of this section, the term
`medical freedom account' means an account that meets the
requirements of this subsection.
``(2) Contributions.--
``(A) In general.--No contribution may be made into
a medical freedom account except--
``(i) contributions by the State under this
title; and
``(ii) contributions by an employer, which
may not exceed, in the case of an individual
otherwise eligible for benefits under this
title, $1,000 per account per year.
``(B) Limitation.--In no case may a contribution be
made into a medical freedom account if the balance in
such account exceeds $3,500, in the case of an account
for an individual, or $5,500, in the case of an account
for a family.
``(3) Use.--
``(A) In general.--Subject to the succeeding
provisions of this paragraph, amounts in a medical
freedom account may be used only for the payment of
medical care (as defined by section 213(d) of the
Internal Revenue Code of 1986), and may only be used
for expenses in the year in which the contribution was
made. The State plan amendment shall provide for a
method whereby withdrawals may be made from the account
for such purposes using an electronic benefits transfer
(EBT) system.
``(B) Rollover permitted.--
``(i) In general.--Subject to clause (ii),
amounts in a medical freedom account at the end
of a year may be rolled over and used in the
following year.
``(ii) Preventive care may be required for
rollover for medicaid beneficiaries.--In the
case of an account holder who is eligible for
benefits under this title in December of a
year, amounts in the medical freedom account at
the end of the year may be rolled over and used
in the following year only apply if the account
holder meets such preventive care requirements
as is provided under the State plan amendment.
``(C) Maintenance of medical freedom account after
becoming ineligible for public benefit.--
Notwithstanding any other provision of law, if an
account holder of a medical freedom account becomes
ineligible for benefits under this title because of an
increase in income or assets, no additional
contribution shall be made into the account under
paragraph (2)(A)(i) but the account shall remain
available to the account holder for withdrawals under
the same terms and conditions as if the account holder
remained eligible for such benefits, except that the
amounts in the account shall be available for the
purchase of health insurance coverage. An account
holder of a medical freedom account, after becoming so
ineligible, is not required to purchase high-deductible
or other insurance as a condition of maintaining or
using the account.
``(4) Administration.--A State shall coordinate
administration of medical freedom accounts through the use of a
third party administrator.
``(5) Treatment.--Amounts in a medical freedom account
shall not be counted as income or assets for purposes of
determining eligibility for benefits under this title.
``(6) Unauthorized withdrawals.--A State may establish
procedures--
``(A) to penalize or remove an individual from the
medical freedom account program based on nonqualified
withdrawals by the individual from such an account; and
``(B) to recoup costs that derive from such
nonqualified withdrawals.''.
(b) Application Under the State Children's Health Insurance Program
(SCHIP).--Section 2107(e)(1) of the Social Security Act (42 U.S.C.
1397gg(e)(1)) is amended by adding at the end the following new
subparagraph:
``(E) Section 1935 (relating to medical freedom
accounts).''.
(c) Exclusion From Gross Income for Employer Contributions to
Medical Freedom Accounts.--Section 106 of the Internal Revenue Code of
1986 (relating to contributions by employer to accident and health
plans) is amended by adding at the end the following new subsection:
``(d) Contributions to Medical Freedom Accounts.--
``(1) In general.--In the case of an employee who is an
eligible individual, amounts contributed by such employee's
employer to any medical freedom account of such employee shall
be treated as employer-provided coverage for medical expenses
under an accident or health plan to the extent such amounts do
not exceed the limitation under section 1935(d)(2) of the
Social Security Act which is applicable to such employee for
such taxable year.
``(2) No constructive receipt.--No amount shall be included
in the gross income of any employee solely because the employee
may choose between the contributions referred to in paragraph
(1) and employer contributions to another health plan of the
employer.
``(3) Employer medical freedom account contribution
required to be shown on return.--Every individual required to
file a return under section 6012 for the taxable year shall
include on such return the aggregate amount contributed by
employers to the medical freedom accounts of such individual or
such individual's spouse for such taxable year.
``(4) Contributions not part of cobra coverage.--Paragraph
(1) shall not apply for purposes of section 4980B.
``(5) Definitions.--For purposes of this subsection--
``(A) Eligible individual.--The term `eligible
individual' means an individual for whose benefit a
medical freedom account is established under section
1935 of the Social Security Act.
``(B) Medical freedom account.--The term `medical
freedom account' has the meaning given to such term by
section 1935 of the Social Security Act.''. | Health Access and Flexibility Act of 2003 - Amends the Internal Revenue Code with respect to Archer medical savings accounts to: (1) eliminate such accounts' availability to only self-employed individuals and employees of small employers; (2) repeal the 750,000 limitation on the number of such accounts; (3) reduce the permitted minimum deductibles on qualifying high deductible plans to $1,000 (single coverage), and $2,000 (family coverage); (4) increase the monthly (and thus the annual) deduction limitation permitted for account contributions; (5) permit employer and employee contributions to be made to an account; (6) make cost-of-living adjustments applicable to only high deductible plan maximums; and (7) provide for 60-day rollovers from a health flexible spending arrangement to an account.Amends title XIX of the Social Security Act (Medicaid) to authorize a State to provide alternative medical benefits for eligible population groups which shall consist of at least: (1) coverage for medical expenses in a year after a catastrophic deductible has been met; and (2) contribution into a medical freedom account (as defined by this Act). | To amend the Internal Revenue Code of 1986 to expand medical savings accounts and to amend title XIX of the Social Security Act to provide for medical freedom accounts under the Medicaid and State children's health insurance programs. |
SECTION 1. AMENDMENT TO DEFINITION OF INDIAN TRIBE.
Section 8(a)(13) of the Small Business Act (15 U.S.C. 637(a)(13))
is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and adjusting the margins
accordingly;
(2) by striking ``the term `Indian tribe' means'' and
inserting the following: ``the term `Indian tribe'--
``(A) means'';
(3) by striking ``, including any Alaska Native village or
regional or village corporation (within the meaning of the
Alaska Native Claims Settlement Act)'';
(4) in subparagraph (A)(i), as so designated, by striking
``, or'' and inserting ``; or'';
(5) by striking the period at the end and inserting ``;
and''; and
(6) by adding at the end the following:
``(B) does not include an Alaska Native Corporation
or Alaska Native Village.''.
SEC. 2. SOCIAL AND ECONOMIC DISADVANTAGE.
(a) In General.--Section 29(e) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1626(e)) is amended--
(1) in paragraph (1), by striking ``For all purposes of''
and inserting ``Except as provided in paragraph (5), for all
purposes of'';
(2) in paragraph (2), by striking ``For all purposes of''
and inserting ``Except as provided in paragraph (5), for all
purposes of''; and
(3) by adding at the end the following:
``(5) For purposes of sections 7(j)(10) and 8(a) of the Small
Business Act (15 U.S.C. 636(j)(10) and 637(a)), whether a Native
Corporation or Native village or a direct and indirect subsidiary
corporation, joint venture, or partnership of a Native Corporation or
Native village is socially or economically disadvantaged shall be
determined in accordance with paragraph (5) or (6), respectively, of
section 8(a) of the Small Business Act.''.
(b) Standards.--Section 8(a) of the Small Business Act (15 U.S.C.
637(a)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A)--
(i) in clause (i)--
(I) in subclause (II), by striking
``or'' at the end; and
(II) by adding at the end the
following:
``(IV) a socially and economically disadvantaged
Alaska Native Corporation or Alaska Native Village,
or''; and
(ii) in clause (ii)--
(I) in subclause (II), by striking
``or'' at the end;
(II) in subclause (III), by
striking the period at the end and
inserting ``, or''; and
(III) by adding at the end the
following:
``(IV) a socially and economically disadvantaged
Alaska Native Corporation or Alaska Native Village.'';
(B) in subparagraph (B)--
(i) in clause (ii), by striking ``or'' at
the end;
(ii) in clause (iii), by striking the
period at the end and inserting ``, or''; and
(iii) by adding at the end the following:
``(iv) members of a socially and economically disadvantaged
Alaska Native Corporation or Alaska Native Village described in
subparagraph (A)(i)(IV) or subparagraph (A)(ii)(IV).''; and
(C) by adding at the end the following:
``(D) The Administrator may not waive the requirement under this
paragraph that the management and daily business operations of a
business concern participating in the program under this subsection are
controlled by one or more socially and economically disadvantaged
individuals for a business concern owned by an Alaska Native
Corporation or Alaska Native Village.'';
(2) in paragraph (5)--
(A) by inserting ``(A)'' after ``(5)''; and
(B) by adding at the end the following:
``(B) For purposes of this subsection and section 7(j)(10), the
Administrator shall determine whether an Alaska Native Corporation or
Alaska Native Village is, as an entity, socially disadvantaged in
accordance with the factors described in subparagraph (A).''; and
(3) in paragraph (6), by adding at the end the following:
``(F) For purposes of this subsection and section 7(j)(10), the
Administrator shall annually determine whether an Alaska Native
Corporation or Alaska Native Village is economically disadvantaged in
the same manner as for an applicant for or participant in the program
under this subsection that is a Native Hawaiian organization.''.
SEC. 3. AFFILIATION.
Section 7(j)(10)(J)(ii)(II) of the Small Business Act (15 U.S.C.
636(j)(10)(J)(ii)(II)) is amended by inserting ``, as defined in
section 8(a)(13)'' after ``Indian tribe''.
SEC. 4. SOLE SOURCE CONTRACTING DOLLAR LIMITS.
(a) Competitive Thresholds.--Not later than 270 days after the date
of enactment of this Act, the Administrator shall amend the regulations
issued under sections 7(j)(10) and 8(a) of the Small Business Act (15
U.S.C. 636(j)(10) and 637(a)) in accordance with this Act and the
amendments made by this Act to apply to small business concerns owned
by an Alaska Native Corporation or Alaska Native Village the
competitive thresholds for awarding sole source contracts under section
8(a)(1)(D) of the Small Business Act (15 U.S.C. 637(a)(1)(D)) that are
applicable to small business concerns that are owned by a socially and
economically disadvantaged individual.
(b) Maximum Total Dollar Amount.--Section 8(a)(1)(D) of the Small
Business Act (15 U.S.C. 637(a)(1)(D)) is amended by adding at the end
the following:
``(iii) For purposes of eligibility for the award
of a contract on the basis of restricted competition
under this subparagraph, the Administrator may not
establish a maximum total dollar amount of such awards
during the period of Program Participation for
participants that are owned by an Alaska Native
Corporation or Alaska Native Village that is different
from the amount for Program Participants that are owned
by a socially and economically disadvantaged
individual.''.
SEC. 5. ONE TIME ELIGIBILITY.
Section 7(j)(11)(B)(iii) of the Small Business Act (15 U.S.C.
636(j)(11)(B)(iii)) is amended in the matter preceding subclause (I) by
inserting ``(as defined in section 8(a)(13))'' after ``Indian tribe''.
SEC. 6. GRADUATION.
(a) In General.--Section 7(j)(15) of the Small Business Act (15
U.S.C. 636(j)(15)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by inserting ``(A)'' after ``(15)''; and
(3) by adding at the end the following:
``(B) The Administrator may not extend or waive the time
limitations under this paragraph for a business concern owned by an
Alaska Native Corporation or Alaska Native Village.''.
(b) Technical and Conforming Amendments.--The Small Business Act
(15 U.S.C. 631 et seq.) is amended--
(1) in section 7(j) (15 U.S.C. 636(j))--
(A) in paragraph (10)(E)(ii), by striking
``paragraph (15)'' and inserting ``paragraph (15)(A)'';
and
(B) in paragraph (11)(D), by striking ``paragraph
(15)'' and inserting ``paragraph (15)(A)''; and
(2) in section 8(a)(1)(C) (15 U.S.C. 637(a)(1)(C)), in the
matter preceding clause (i), by striking ``section 7(j)(15)''
and inserting ``section 7(j)(15)(A)''.
SEC. 7. REPORTING.
Section 8(a)(6)(B) of the Small Business Act (15 U.S.C.
637(a)(6)(B)) is amended--
(1) by redesignating clauses (i), (ii), and (iii) as
subclauses (I), (II), and (III), respectively;
(2) by inserting ``(i)'' after ``(B)''; and
(3) by adding at the end the following:
``(ii) The annual report submitted under clause (i) by a Program
Participant that is an Alaska Native Corporation or Alaska Native
Village shall include, for the period addressed by the report--
``(I) the total revenue of the Alaska Native Corporation or
Alaska Native Village;
``(II) the revenue of the Alaska Native Corporation or
Alaska Native Village attributable to the participation of the
Alaska Native Corporation or Alaska Native Village in the
program under this subsection; and
``(III) the total amount of benefits paid to shareholders
of the Alaska Native Corporation or Alaska Native Village.''.
SEC. 8. REGULATIONS.
Not later than 270 days after the date of enactment of this Act,
the Administrator shall amend the regulations issued under sections
7(j)(10) and 8(a) of the Small Business Act (15 U.S.C. 636(j)(10) and
637(a)) in accordance with this section and the amendments made by this
section, which shall include--
(1) establishing criteria for determining whether an Alaska
Native Corporation or Alaska Native Village is, as a group,
socially disadvantaged, in accordance with the factors
described in section 8(a)(5)(A) of the Small Business Act, as
so designated by this Act;
(2) establishing criteria for determining whether an Alaska
Native Corporation, Alaska Native Village, or Native Hawaiian
Organization is economically disadvantaged;
(3) repealing the provision that excludes certain
affiliates of an Alaska Native Corporation or Alaska Native
Village in determining whether a business is a small business
concern;
(4) repealing the waiver for Alaska Native Corporations and
Alaska Native Villages of the requirement that the management
and daily business operations of a business concern
participating in the program under section 8(a) of the Small
Business Act (15 U.S.C. 637(a)) are controlled by one or more
socially and economically disadvantaged individuals;
(5) applying to small business concerns owned by an Alaska
Native Corporation or Alaska Native Village the limitation on
eligibility for a sole source award under section 8(a)(1)(D) of
the Small Business Act (15 U.S.C. 637(a)(1)(D)) based on the
maximum total amount of competitive and sole source awards
under such section 8(a) that are applicable to small business
concerns that are owned by a socially and economically
disadvantaged individual;
(6) prohibiting a single Alaska Native Corporation or
Alaska Native Village from conferring eligibility to
participate in the program under section 8(a) of the Small
Business Act (15 U.S.C. 637(a)) on more than 1 small business
concern at any one time; and
(7) applying to small business concerns owned by an Alaska
Native Corporation or Alaska Native Village the limitation on
ownership of other firms participating in the program under
section 8(a) of the Small Business Act (15 U.S.C. 637(a)) that
is applicable to small business concerns that are owned by a
socially and economically disadvantaged individual.
SEC. 9. DEFINITIONS.
In this Act--
(1) the term ``Administrator'' means the Administrator of
the Small Business Administration;
(2) the terms ``Alaska Native Corporation'' and ``Alaska
Native Village'' have the meanings given those terms in section
3(p)(6) of the Small Business Act (15 U.S.C. 632(p)(6));
(3) the term ``Native Hawaiian Organization'' has the
meaning given that term in section 8(a)(15) of the Small
Business Act (15 U.S.C. 637(a)(15)); and
(4) the term ``small business concern'' has the meaning
given that term under section 3 of the Small Business Act (15
U.S.C. 632). | Amends the Small Business Act to exclude from the definition of "Indian tribe" any Alaska Native Corporation (ANC) or Alaska Native Village (ANV).
Amends the Alaska Native Claims Settlement Act to provide that, for purposes of eligibility for procurement contracts provided through the Small Business Administration (SBA), whether an ANC or ANV is socially or economically disadvantaged shall be determined by the SBA Administrator according to eligibility standards for SBA 8(a) general small business loans. Makes members of socially and economically disadvantaged ANCs or ANVs eligible for such loans.
Directs the Administrator to apply to small businesses owned by an ANC or ANV the competitive thresholds for awarding SBA sole source contracts that are applicable to small businesses owned and controlled by socially and economically disadvantaged individuals.
Prohibits the Administrator from extending or waiving, for small businesses owned by an ANC or ANV, the time limitations applicable to participants in the small business capital ownership development program. Outlines annual report requirements for program participants who are ANCs or ANVs.
Requires the Administrator to amend SBA regulations to incorporate amendments made by this Act. | To eliminate the preferences and special rules for Alaska Native Corporations under the program under section 8(a) of the Small Business Act. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Part D Outreach and
Enrollment Enhancement Act of 2006''.
SEC. 2. OUTREACH AND EDUCATION FUNDING.
(a) Medicare Outreach and Education by State Health Insurance
Counseling Programs.--
(1) Fiscal year 2006.--There are appropriated $13,500,000
to the Centers for Medicare & Medicaid Services to be used to
provide additional grants to State health insurance counseling
and assistance programs to conduct outreach and education
related to enrollment in the Medicare program under title XVIII
of the Social Security Act.
(2) Additional funding for future outreach and education
efforts.--There are authorized to be appropriated for each of
fiscal years 2007, 2008, 2009, and 2010, an amount equal to $1
multiplied by the total number of individuals entitled to
benefits, or enrolled, under part A of title XVIII of the
Social Security Act, or enrolled under part B of such title
during the fiscal year (as determined by the Secretary of
Health and Human Services, based on the most recent available
data before the beginning of the fiscal year) to be used to
provide additional grants to State health insurance counseling
and assistance programs to conduct outreach and education
related to enrollment in such Medicare program.
(b) Part D Outreach and Education.--
(1) In general.--There are appropriated $6,300,000 to the
Centers for Medicare & Medicaid Services to be used to provide
funding to Area Agencies on Aging and Native American aging
programs to conduct outreach and education related to the
Medicare prescription drug program under part D of title XVIII
of the Social Security Act.
(2) Transfer of funds through interagency agreement.--
(A) Transfer.--Subject to subparagraph (B), the
Administrator of the Centers for Medicare & Medicaid
Services shall transfer amounts provided under
paragraph (1) to the Administration on Aging under an
interagency agreement.
(B) Interagency agreement.--The interagency
agreement entered into under subparagraph (A) shall
establish guidelines with respect to the distribution
of amounts transferred under such subparagraph to Area
Agencies on Aging and Native American aging programs,
taking into account any variations in the population
served by such Agencies and such programs.
(C) Timing of interagency agreement and
distribution of funds.--
(i) Interagency agreement.--Not later than
the date that is 60 days after the date of
enactment of this Act, the Administrator of the
Centers for Medicare & Medicaid Services shall
enter into the interagency agreement described
in subparagraph (A).
(ii) Distribution of funds.--Not later than
the date that is 120 days after the date of
enactment of this Act, the Administration on
Aging shall distribute the amounts transferred
under such interagency agreement.
SEC. 3. SPECIAL ENROLLMENT PERIOD FOR INDIVIDUALS ELIGIBLE FOR AN
INCOME-RELATED SUBSIDY.
(a) Special Enrollment Period.--Section 1860D-1(b)(3) of the Social
Security Act (42 U.S.C. 1395w-101(b)(3)) is amended by adding at the
end the following new subparagraph:
``(F) Application for low-income subsidy.--
``(i) In general.--Subject to clause (iii),
in the case of an applicable individual (as
defined in clause (ii)).
``(ii) Applicable individual defined.--For
purposes of this subparagraph, the term
`applicable individual' means a part D eligible
individual who--
``(I) has an application for an
income-related subsidy under section
1860D-14 pending during the
individual's initial enrollment period
(as determined under paragraph (2));
and
``(II) does not receive
notification of the approval or
disapproval of such application prior
to the end of such initial enrollment
period.
``(iii) Timing of special enrollment
period.--The special enrollment period
established under this subparagraph shall be
for a period (not to exceed 30 days) beginning
on the date the applicable individual receives
the notification described in clause
(ii)(II).''.
(b) Waiver of Late Enrollment Penalty.--Section 1860D-13(b) of the
Social Security Act (42 U.S.C. 1395w-113(b)) is amended by adding at
the end the following new paragraph:
``(8) Waiver of penalty.--An applicable individual (as
defined in clause (ii) of section 1860D-1(b)(3)(F)) who enrolls
during the special enrollment period established under such
section shall not be subject to an increase in the monthly
beneficiary premium established under subsection (a) with
respect to months occurring prior to the date of such
enrollment.''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of section 101(a) of the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108-173). | Medicare Part D Outreach and Enrollment Enhancement Act of 2006 - Authorizes and makes appropriations to the Centers for Medicare & Medicaid Services for additional grants to state health insurance counseling and assistance (HICA) programs to conduct outreach and education related to enrollment in the Medicare program under title XVIII of the Social Security Act (SSA).
Makes appropriations to the Centers for Medicare & Medicaid Services to provide funding to Area Agencies on Aging and Native American aging programs to conduct outreach and education related to the Medicare prescription drug program under part D (Voluntary Prescription Drug Benefit Program) of SSA title XVIII.
Amends SSA title XVIII part D to provide a special enrollment period for individuals who qualify for a low- income-related subsidy under the Medicare prescription drug program. | A bill to provide for additional outreach and education related to the Medicare program and to amend title XVIII of the Social Security Act to provide a special enrollment period for individuals who qualify for an income-related subsidy under the Medicare prescription drug program. |
TITLE I
This Act may be cited as the ``Land and Liberty Protection Act of
2008''.
TITLE II
SECTION 1. SHORT TITLE.
This title may be cited as the ``Protecting Americans From Violent
Crime Act of 2008''.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds the following:
(1) The Second Amendment to the Constitution provides that
``the right of the people to keep and bear Arms, shall not be
infringed''.
(2) Section 2.4(a)(1) of title 36, Code of Federal
Regulations, provides that ``except as otherwise provided in
this section and parts 7 (special regulations) and 13 (Alaska
regulations), the following are prohibited: (i) Possessing a
weapon, trap or net, (ii) Carrying a weapon, trap or net, (iii)
Using a weapon, trap or net''.
(3) Section 27.42 of title 50, Code of Federal Regulations,
provides that, except in special circumstances, citizens of the
United States may not ``possess, use, or transport firearms on
national wildlife refuges'' of the United States Fish and
Wildlife Service.
(4) The regulations described in paragraphs (2) and (3)
prevent individuals complying with Federal and State laws from
exercising the second amemdment rights of the individuals while
at units of--
(A) the National Park System; and
(B) the National Wildlife Refuge System.
(5) The existence of different laws relating to the
transportation and possession of firearms at different units of
the National Park System and the National Wildlife Refuge
System entraps law-abiding gun owners while at units of the
National Park System and the National Wildlife Refuge System.
(6) The Federal laws should make it clear that the second
amendment rights of an individual at a unit of the National
Park System or the National Wildlife Refuge System should not
be infringed.
SEC. 3. PROTECTING THE RIGHT OF INDIVIDUALS TO BEAR ARMS IN UNITS OF
THE NATIONAL PARK SYSTEM AND THE NATIONAL WILDLIFE REFUGE
SYSTEM.
The Secretary of the Interior shall not promulgate or enforce any
regulation that prohibits an individual from possessing a firearm
including an assembled or functional firearm in any unit of the
National Park System or the National Wildlife Refuge System if--
(1) the individual is not otherwise prohibited by law from
possessing the firearm; and
(2) the possession of the firearm is in compliance with the
law of the State in which the unit of the National Park System
or the National Wildlife Refuge System is located.
TITLE III
SECTION 1. SHORT TITLE.
This title may be cited as the ``Government Real Estate
Accountability and Transparency Act of 2008''.
SEC. 2. ANNUAL REPORT DETAILING AMOUNT OF LAND OWNED BY FEDERAL
GOVERNMENT AND THE COST OF GOVERNMENT LAND OWNERSHIP TO
TAXPAYERS.
(a) Annual Report.--
(1) In general.--Subject to paragraph (2), not later than
May 15, 2009, and annually thereafter, the Director of the
Office of Management and Budget (referred to in this section as
the ``Director'') shall ensure that a report that contains the
information described in subsection (b) is posted on a publicly
available website.
(2) Extension relating to certain segment of report.--With
respect to the date on which the first annual report is
required to be posted under paragraph (1), if the Director
determines that an additional period of time is required to
gather the information required under subsection (b)(3)(B), the
Director may--
(A) as of the date described in paragraph (1), post
each segment of information required under paragraphs
(1), (2), and (3)(A) of subsection (b); and
(B) as of May 15, 2010, post the segment of
information required under subsection (b)(3)(B).
(b) Required Information.--An annual report described in subsection
(a) shall contain, for the period covered by the report--
(1) a description of the total quantity of--
(A) land located within the jurisdiction of the
United States, to be expressed in acres;
(B) the land described in subparagraph (A) that is
owned by the Federal Government, to be expressed--
(i) in acres; and
(ii) as a percentage of the quantity
described in subparagraph (A); and
(C) the land described in subparagraph (B) that is
located in each State, to be expressed, with respect to
each State--
(i) in acres; and
(ii) as a percentage of the quantity
described in subparagraph (B);
(2) a description of the total annual cost to the Federal
Government for maintaining all parcels of administrative land
and all administrative buildings or structures under the
jurisdiction of each Federal agency; and
(3) a list and detailed summary of--
(A) with respect to each Federal agency--
(i) the number of unused or vacant assets;
(ii) the replacement value for each unused
or vacant asset;
(iii) the total operating costs for each
unused or vacant asset; and
(iv) the length of time that each type of
asset described in clause (i) has been unused
or vacant, organized in categories comprised of
periods of--
(I) not more than 1 year;
(II) not less than 1, but not more
than 2, years; and
(III) not less than 2 years; and
(B) the estimated costs to the Federal Government
of the maintenance backlog of each Federal agency, to
be--
(i) organized in categories comprised of
buildings and structures; and
(ii) expressed as an aggregate cost.
(c) Use of Existing Annual Reports.--An annual report required
under subsection (a) may be comprised of any annual report relating to
the management of Federal real property that is published by a Federal
agency.
TITLE IV
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Trespassing Act of 2008''.
SEC. 2. NOTIFICATION REQUIREMENT.
The Secretary of the Interior shall not approve a management plan
for a National Heritage Area unless the local coordinating entity of
the proposed National Heritage Area provides written notification
through the United States mail of the designation to each individual
who resides, or owns property that is located, in the proposed National
Heritage Area.
SEC. 3. WRITTEN CONSENT REQUIREMENT.
With respect to each National Heritage Area, no employee of the
National Park Service or member of the local coordinating entity of the
National Heritage Area (including any designee of the National Park
Service or the local coordinating entity) may enter a parcel of private
property located in the National Heritage Area without the written
consent of the owner of the parcel of property.
TITLE V
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer Property Protection Act of
2008''.
SEC. 2. REQUIRING CITIZEN APPROVAL OF GOVERNMENT LAND GRABS.
(a) In General.--Subject to subsections (b) and (c), the Department
of the Interior, the Department of Energy, and the Forest Service,
acting individually or in coordination, shall not assume control of any
parcel of land located in a State unless the citizens of each political
subdivision of the State in which a portion of the parcel of land is
located approve the assumption of control by a referendum.
(b) National Emergencies.--The requirement described in subsection
(a) shall not apply in the case of a national emergency, as determined
by the President.
(c) Private Landowners.--The requirement described in subsection
(a) shall not apply in the case of an exchange between a private
landowner and the Federal Government of a parcel of land.
(d) Duration of Approval.--
(1) In general.--With respect to a parcel of land described
in subsection (a), the approval of the citizens of each
political subdivision in which a portion of the parcel of land
is located terminates on the date that is 10 years after the
date on which the citizens of each political subdivision
approve the control of the parcel of land by the Department of
the Interior, the Department of Energy, or the Forest Service
under that subsection.
(2) Renewal of approval.--With respect to a parcel of land
described in subsection (a), the Department of the Interior,
the Department of Energy, or the Forest Service, as applicable,
may renew, by referendum, the approval of the citizens of each
political subdivision in which a portion of the parcel of land
is located.
TITLE VI
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Do No Harm Act of 2008''.
SEC. 2. GUARANTEE OF NO ADVERSE AFFECTS TO CITIZENS AS A RESULT OF A
NATIONAL HERITAGE AREA DESIGNATION.
Each National Heritage Area designation shall not take effect until
the date on which the President certifies that--
(1) the designation of each proposed National Heritage Area
will not cause an adverse impact on--
(A) agricultural or livestock production within the
proposed National Heritage Area;
(B) energy exploration and production within the
proposed National Heritage Area;
(C) critical infrastructure located within the
proposed National Heritage Area, including the
placement and maintenance of--
(i) electric transmission and distribution
lines (including related infrastructure); and
(ii) natural gas pipelines (including
related infrastructure); and
(D) the affordability of housing; and
(2) with respect to each State in which there is located a
proposed National Heritage Area, the total deferred maintenance
backlog of the State is an amount not greater than $50,000,000,
as reported by the Director of the National Park Service to the
Federal Accounting Standards Advisory Board. | Land and Liberty Protection Act of 2008 - Protecting Americans from Violent Crime Act of 2008 - Bars the promulgation and enforcement of regulations that prohibit individuals from possessing firearms in units of the National Park System and the National Wildlife Refuge System.
Government Real Estate Accountability and Transparency Act of 2008 - Requires the submission of annual reports detailing the amount of land that is owned by the federal government and the costs of maintaining that land.
No Trespassing Act of 2008 - Bars the Secretary of the Interior from approving a management plan for a National Heritage Area unless the local coordinating entity of the proposed Area notifies the individuals who reside or own property in that Area. Prohibits any National Park Service (NPS) employee or member of the local coordinating entity of a National Heritage Area from entering private property without the owner's consent.
Taxpayer Property Protection Act of 2008 - Bars the Department of the Interior, the Department of Energy, and the Forest Service from assuming control of any land in a state unless the citizens of the political subdivisions in which the land is located approve the assumption of control by a referendum.
Do No Harm Act of 2008 - Prohibits a National Heritage Area designation from taking effect until the President certifies that it will not cause an adverse impact on specified agriculture, livestock, energy, critical infrastructure, and housing concerns. | A bill to protect the liberty and property of all Americans. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regional Skills Training Alliances
Act of 1999''.
SEC. 2. DEFINITION.
For purposes of this Act, the term ``Secretary'' means the
Secretary of Commerce.
TITLE I--SKILL GRANTS
SEC. 101. AUTHORIZATION.
(a) In General.--The Secretary of Commerce, acting through the
Director of the National Institute of Standards and Technology, and in
consultation with the Secretary of Labor, shall provide grants to
eligible entities described in subsection (b) to assist such entities
to improve the job skills necessary for employment in specific
industries.
(b) Eligible Entities Described.--
(1) In general.--An eligible entity described in this
subsection is a consortium that--
(A) shall consist of representatives from not less
than 10 businesses (or a non-profit organization that
represents not less than 10 businesses); and
(B) may consist of representatives from one or more
of the following:
(i) Labor organizations.
(ii) State and local government.
(iii) Educational institutions.
(2) Majority of representatives.--A majority of the
representatives comprising the consortium shall be
representatives described in paragraph (1)(A).
(3) Additional requirement.--To the maximum extent
practicable, each business, organization, or government that
forms an eligible entity under paragraph (1) shall be located
in the same geographic region of the United States.
(c) Priority for Small Businesses.--In providing grants under
subsection (a), the Secretary shall give priority to an eligible entity
if a majority of representatives forming the entity represent small-
business concerns, as described in section 3(a) of the Small Business
Act (15 U.S.C. 632(a)).
(d) Maximum Amount of Grant.--The amount of a grant provided to an
eligible entity under subsection (a) may not exceed $1,000,000 for any
fiscal year.
SEC. 102. APPLICATION.
(a) Certain States With Multiple Consortia.--In a State in which
two or more eligible entities seek grants under section 101 for a
fiscal year, as determined by the Governor of the State, the Governor
may solicit proposals from the entities concerning the activities to be
carried out under the grants. If the Governor solicits such proposals,
based on the proposals received, the Governor shall submit an
application on behalf of 1 or more of the entities to the Secretary at
such time, in such manner, and containing such information as the
Secretary may reasonably require. The provisions of this title relating
to eligible entities shall apply to each of the entities for which the
Governor applies.
(b) Other States.--In a State in which only one eligible entity
seeks a grant under section 101 for a fiscal year, as determined by the
Governor of the State, or in which the Governor does not solicit
proposals as described in subsection (a), the Secretary may not provide
a grant under section 101 to the eligible entity unless such entity
submits to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may reasonably
require.
SEC. 103. USE OF AMOUNTS.
(a) In General.--The Secretary may not provide a grant under
section 101 to an eligible entity unless such entity agrees to use
amounts received from such grant to improve the job skills necessary
for employment by businesses in the industry with respect to which such
entity was established.
(b) Conduct of Program.--
(1) In general.--In carrying out the program described in
subsection (a), the eligible entity may provide for--
(A) an assessment of training and job skill needs
for the industry;
(B) development of a sequence of skill standards
that are benchmarked to advanced industry practices;
(C) development of curriculum and training methods;
(D) purchase, lease, or receipt of donations of
training equipment;
(E) identification of training providers;
(F) development of apprenticeship programs;
(G) development of training programs for dislocated
workers;
(H) development of the membership of the entity;
(I) provision of training programs for workers; and
(J) development of training plans for businesses.
(2) Additional requirement.--In carrying out the program
described in subsection (a), the eligible entity shall provide
for development and tracking of performance outcome measures
for the program and the training providers involved in the
program.
(c) Administrative Costs.--The eligible entity may use not more
than 10 percent of the amount of a grant to pay for administrative
costs associated with the program described in subsection (a).
SEC. 104. REQUIREMENT OF MATCHING FUNDS.
The Secretary may not provide a grant under section 101 to an
eligible entity unless such entity agrees that--
(1) it will make available non-Federal contributions toward
the costs of carrying out activities under section 103 in an
amount that is not less than $2 for each $1 of Federal funds
provided under a grant under section 101; and
(2) of such non-Federal contributions, not less than $1 of
each such $2 shall be from businesses participating in the
eligible entity.
SEC. 105. LIMIT ON ADMINISTRATIVE EXPENSES.
The Secretary may use not more than 5 percent of the funds made
available to carry out this title to pay for Federal administrative
costs associated with making grants under this title.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$50,000,000 for each of the fiscal years 2000, 2001, and 2002.
TITLE II--PLANNING GRANTS
SEC. 201. AUTHORIZATION.
(a) In General.--The Secretary of Commerce, acting through the
Director of the National Institute of Standards and Technology, and in
consultation with the Secretary of Labor, shall provide grants to
States to enable the States to assist businesses, organizations, and
agencies described in section 101(b) in conducting planning to form
consortia described in such section.
(b) Maximum Amount of Grant.--The amount of a grant provided to a
State under subsection (a) may not exceed $500,000 for any fiscal year.
SEC. 202. APPLICATION.
The Secretary may not provide a grant under section 201 to a State
unless such State submits to the Secretary an application at such time,
in such manner, and containing such information as the Secretary may
reasonably require.
SEC. 203. REQUIREMENT OF MATCHING FUNDS.
The Secretary may not provide a grant under section 201 to a State
unless such State agrees that it will make available non-Federal
contributions toward the costs of carrying out activities under this
title in an amount that is not less than $1 for each $1 of Federal
funds provided under a grant under section 201.
SEC. 204. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title
$5,000,000 for fiscal year 2000. | TABLE OF CONTENTS:
Title I: Skill Grants
Title II: Planning Grants
Regional Skills Training Alliances Act of 1999 -
Title I: Skill Grants
- Directs the Secretary of Commerce to make grants to improve the job skills necessary for employment in specific industries. Requires the Secretary to do so acting through the Director of the National Institute of Standards and Technology.
Makes eligible for such grants regional consortia that: (1) must have representatives from not fewer than ten businesses (or a nonprofit organization that represents at least ten businesses); and (2) may have representatives from labor organizations, State and local governments, and educational institutions.
Gives priority for such grants to eligible entities that consist of a majority of representatives from small businesses.
Sets requirements relating to maximum amount of grants, applications, use of program funds, and matching funds.
Authorizes appropriations.
Title II: Planning Grants
- Requires the Secretary, acting through the Director, to provide grants to States to assist businesses, organizations, and agencies in planning to form regional consortia under title I.
Sets requirements relating to maximum amount of grants, applications, use of program funds, and matching funds.
Authorizes appropriations. | Regional Skills Training Alliances Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare+Choice Revitalization Act
of 2003''.
SEC. 2. MEDICARE+CHOICE IMPROVEMENTS.
(a) Equalizing Payments Between Fee-for-Service and
Medicare+Choice.--
(1) In general.--Section 1853(c)(1) of the Social Security
Act (42 U.S.C. 1395w-23(c)(1)) is amended by adding at the end
the following:
``(D) Based on 100 percent of fee-for-service
costs.--
``(i) In general.--For 2004 and any
subsequent year, the adjusted average per
capita cost for the year involved, determined
under section 1876(a)(4) for the
Medicare+Choice payment area for services
covered under parts A and B for individuals
entitled to benefits under part A and enrolled
under part B who are not enrolled in a
Medicare+Choice plan under this part for the
year.
``(ii) Inclusion of costs of va and dod
military facility services to medicare-Eligible
beneficiaries.--In determining the adjusted
average per capita cost under clause (i) for a
year, such cost shall be adjusted to include
the Secretary's estimate, on a per capita
basis, of the amount of additional payments
that would have been made in the area involved
under this title if individuals entitled to
benefits under this title had not received
services from facilities of the Department of
Veterans Affairs or the Department of
Defense.''.
(2) Conforming amendment.--Such section is further amended,
in the matter before subparagraph (A), by striking ``or (C)''
and inserting ``(C), or (D)''.
(b) Revision of Blend.--
(1) Revision of national average used in calculation of
blend.--Section 1853(c)(4)(B)(i)(II) of such Act (42 U.S.C.
1395w-23(c)(4)(B)(i)(II)) is amended by inserting ``who (with
respect to determinations for 2004 and any subsequent year) are
enrolled in a Medicare+Choice plan'' after ``the average number
of medicare beneficiaries''.
(2) Change in budget neutrality.--Section 1853(c) of such
Act (42 U.S.C. 1395w-23(c)) is amended--
(A) in paragraph (1)(A), by inserting ``(for a year
before 2003)'' after ``multiplied''; and
(B) in paragraph (5), by inserting ``(before
2003)'' after ``for each year''.
(c) Revision in Minimum Percentage Increase.--Section 1853(c)(1)(C)
of such Act (42 U.S.C. 1395w-23(c)(1)(C)) is amended by striking clause
(iv) and inserting the following:
``(iv) For 2002 and 2003, 102 percent of
the annual Medicare+Choice capitation rate
under this paragraph for the area for the
previous year.
``(v) For 2004 and each succeeding year,
104 percent of the annual Medicare+Choice
capitation rate under this paragraph for the
area for the previous year.''.
(d) Inclusion of Costs of DOD and VA Military Facility Services to
Medicare-Eligible Beneficiaries in Calculation of Medicare+Choice
Payment Rates.--Section 1853(c)(3) of such Act (42 U.S.C. 1395w-
23(c)(3)) is amended--
(1) in subparagraph (A), by striking ``subparagraph (B)''
and inserting ``subparagraphs (B) and (E)'', and
(2) by adding at the end the following new subparagraph:
``(E) Inclusion of costs of dod and va military
facility services to medicare-eligible beneficiaries.--
In determining the area-specific Medicare+Choice
capitation rate under subparagraph (A) for a year
(beginning with 2004), the annual per capita rate of
payment for 1997 determined under section 1876(a)(1)(C)
shall be adjusted to include in the rate the
Secretary's estimate, on a per capita basis, of the
amount of additional payments that would have been made
in the area involved under this title if individuals
entitled to benefits under this title had not received
services from facilities of the Department of Defense
or the Department of Veterans Affairs.''.
(e) Announcement of Revised Medicare+Choice Payment Rates.--Within
4 weeks after the date of the enactment of this Act, the Secretary
shall determine, and shall announce (in a manner intended to provide
notice to interested parties) Medicare+Choice capitation rates under
section 1853 of the Social Security Act (42 U.S.C. 1395w-23) for 2004,
revised in accordance with the provisions of this section.
(f) MedPAC Study of AAPCC.--
(1) Study.--The Medicare Payment Advisory Commission shall
conduct a study that assesses the method used for determining
the adjusted average per capita cost (AAPCC) under section
1876(a)(4) of the Social Security Act (42 U.S.C. 1395mm(a)(4)). Such
study shall examine--
(A) the bases for variation in such costs between
different areas, including differences in input prices,
utilization, and practice patterns;
(B) the appropriate geographic area for payment
under the Medicare+Choice program under part C of title
XVIII of such Act; and
(C) the accuracy of risk adjustment methods in
reflecting differences in costs of providing care to
different groups of beneficiaries served under such
program.
(2) Report.--Not later than 9 months after the date of the
enactment of this Act, the Commission shall submit to Congress
a report on the study conducted under paragraph (1). Such
report shall include recommendations regarding changes in the
methods for computing the adjusted average per capita cost
among different areas.
(g) Report on Impact of Increased Financial Assistance to
Medicare+Choice Plans.--Not later than July 1, 2004, the Secretary of
Health and Human Services shall submit to Congress a report that
describes the impact of additional financing provided under this Act
and other Acts (including the Medicare, Medicaid, and SCHIP Balanced
Budget Refinement Act of 1999 and BIPA) on the availability of
Medicare+Choice plans in different areas and its impact on lowering
premiums and increasing benefits under such plans.
SEC. 3. MAKING PERMANENT CHANGE IN MEDICARE+CHOICE REPORTING DEADLINES
AND ANNUAL, COORDINATED ELECTION PERIOD.
(a) Change in Reporting Deadline.--Section 1854(a)(1) of the Social
Security Act (42 U.S.C. 1395w-24(a)(1)) is amended by striking ``2002,
2003, and 2004 (or July 1 of each other year)'' and inserting ``2002
and each subsequent year (or July 1 of each year before 2002)''.
(b) Delay in Annual, Coordinated Election Period.--Section
1851(e)(3)(B) of such Act (42 U.S.C. 1395w-21(e)(3)(B)) is amended by
striking ``and after 2005, the month of November before such year and
with respect to 2003, 2004, and 2005'' and inserting ``, the month of
November before such year and with respect to 2003 and any subsequent
year''.
(c) Annual Announcement of Payment Rates.--Section 1853(b)(1) of
such Act (42 U.S.C. 1395w-23(b)(1)) is amended by striking ``and after
2005 not later than March 1 before the calendar year concerned and for
2004 and 2005'' and inserting ``not later than March 1 before the
calendar year concerned and for 2004 and each subsequent year''.
(d) Requiring Provision of Available Information Comparing Plan
Options.--The first sentence of section 1851(d)(2)(A)(ii) of such Act
(42 U.S.C. 1395w-21(d)(2)(A)(ii)) is amended by inserting before the
period the following: ``to the extent such information is available at
the time of preparation of materials for the mailing''.
SEC. 4. AVOIDING DUPLICATIVE STATE REGULATION.
(a) In General.--Section 1856(b)(3) of the Social Security Act (42
U.S.C. 1395w-26(b)(3)) is amended to read as follows:
``(3) Relation to state laws.--The standards established
under this subsection shall supersede any State law or
regulation (other than State licensing laws or State laws
relating to plan solvency) with respect to Medicare+Choice
plans which are offered by Medicare+Choice organizations under
this part.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 5. SPECIALIZED MEDICARE+CHOICE PLANS FOR SPECIAL NEEDS
BENEFICIARIES.
(a) Treatment as Coordinated Care Plan.--Section 1851(a)(2)(A) of
the Social Security Act (42 U.S.C. 1395w-21(a)(2)(A)) is amended by
adding at the end the following new sentence: ``Specialized
Medicare+Choice plans for special needs beneficiaries (as defined in
section 1859(b)(4)) may be any type of coordinated care plan.''.
(b) Specialized Medicare+Choice Plan for Special Needs
Beneficiaries Defined.--Section 1859(b) of such Act (42 U.S.C. 1395w-
29(b)) is amended by adding at the end the following new paragraph:
``(4) Specialized medicare+choice plans for special needs
beneficiaries.--
``(A) In general.--The term `specialized
Medicare+Choice plan for special needs beneficiaries'
means a Medicare+Choice plan that exclusively serves
special needs beneficiaries (as defined in subparagraph
(B)).
``(B) Special needs beneficiary.--The term `special
needs beneficiary' means a Medicare+Choice eligible
individual who--
``(i) is institutionalized (as defined by
the Secretary);
``(ii) is entitled to medical assistance
under a State plan under title XIX;
``(iii) is residing in a Continuing Care
Retirement Community (as defined in section
1852(l)(4)(B); or
``(iv) meets such requirements as the
Secretary may determine would benefit from
enrollment in such a specialized
Medicare+Choice plan described in subparagraph
(A) for individuals with severe or disabling
chronic conditions.''.
(c) Restriction on Enrollment Permitted.--Section 1859 of such Act
(42 U.S.C. 1395w-29) is amended by adding at the end the following new
subsection:
``(f) Restriction on Enrollment for Specialized Medicare+Choice
Plans for Special Needs Beneficiaries.--In the case of a specialized
Medicare+Choice plan (as defined in subsection (b)(4)), notwithstanding
any other provision of this part and in accordance with regulations of
the Secretary and for periods before January 1, 2007, the plan may
restrict the enrollment of individuals under the plan to individuals
who are within one or more classes of special needs beneficiaries.''.
(d) Report to Congress.--Not later than December 31, 2006, the
Medicare Benefits Administrator shall submit to Congress a report that
assesses the impact of specialized Medicare+Choice plans for special
needs beneficiaries on the cost and quality of services provided to
enrollees. Such report shall include an assessment of the costs and
savings to the medicare program as a result of amendments made by
subsections (a), (b), and (c).
(e) Effective Dates.--
(1) In general.--The amendments made by subsections (a),
(b), and (c) shall take effect upon the date of the enactment
of this Act.
(2) Deadline for issuance of requirements for special needs
beneficiaries; transition.--No later than 6 months after the
date of the enactment of this Act, the Secretary of Health and
Human Services shall issue final regulations to establish
requirements for special needs beneficiaries under section
1859(b)(4)(B)(iii) of the Social Security Act, as added by
subsection (b). | Medicare+Choice Revitalization Act of 2003 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act (SSA) to make each annual Medicare+Choice capitation rate for a Medicare+Choice payment area for a contract year equal to the largest of the amounts specified under current law or, for 2004 and any subsequent year, 100 percent of the fee-for-service costs for the Medicare+Choice payment area for services covered under Medicare parts A (Hospital Insurance) or B (Supplementary Medical Insurance) for individuals entitled to benefits under part A and enrolled under part B who are not enrolled in a Medicare+Choice plan for the year.Provides that, in determining the adjusted average per capita cost of Medicare+Choice for a year, such cost shall be adjusted to include the Secretary of Health and Human Services's estimate, on a per capita basis, of the amount of additional payments that would have been made in the area involved under Medicare if individuals entitled to Medicare benefits had not received services from facilities of the Department of Veterans Affairs (VA) or the Department of Defense (DOD).Revises the calculation of the national standardized annual Medicare+Choice capitation rate used in determining the input-price-adjusted annual national Medicare+Choice capitation rate for a Medicare+Choice payment area.Terminates use of a payment adjustment budget neutrality factor after 2003.Raises the minimum percentage increase for calculation of annual Medicare+Choice capitation rates, beginning 2004, to 104 percent of the annual rate for the area for the previous year.Provides for the inclusion of costs of DOD and VA military facility services to Medicare-eligible beneficiaries in calculation of Medicare+Choice payment rates.Makes permanent the current Medicare+Choice reporting deadlines, and makes the month of November the permanent annual coordinated election period.Declares that Federal standards supercede certain State law or regulations with respect to Medicare+Choice plans.Prescribes requirements for specialized Medicare+Choice plans for special needs beneficiaries, allowing them to be any type of coordinated care plan. | To amend title XVIII of the Social Security Act to revitalize and improve the Medicare+Choice program. |
SECTION 1. ADDITIONAL PROCEDURE FOR AUTHORIZING CERTAIN ACQUISITIONS OF
FOREIGN INTELLIGENCE INFORMATION.
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.) is amended by inserting after section 105 the following:
``clarification of electronic surveillance of persons outside the
united states
``Sec. 105A. Nothing in the definition of electronic surveillance
under section 101(f) shall be construed to encompass surveillance
directed at a person reasonably believed to be located outside of the
United States.
``additional procedure for authorizing certain acquisitions concerning
persons located outside the united states
``Sec. 105B. (a) In General.--Notwithstanding any other law, the
Director of National Intelligence and the Attorney General, may for
periods of up to one year authorize the acquisition of foreign
intelligence information concerning persons reasonably believed to be
outside the United States if the Director of National Intelligence and
the Attorney General determine, based on the information provided to
them, that--
``(1) there are reasonable procedures in place for
determining that the acquisition of foreign intelligence
information under this section concerns persons reasonably
believed to be located outside the United States, and such
procedures will be subject to review of the Court pursuant to
section 105C of this act;
``(2) the acquisition does not constitute electronic
surveillance;
``(3) the acquisition involves obtaining the foreign
intelligence information from or with the assistance of a
communications service provider, custodian, or other person
(including any officer, employee, agent, or other specified
person of such service provider, custodian, or other person)
who has access to communications, either as they are
transmitted or while they are stored, or equipment that is
being or may be used to transmit or store such communications;
``(4) a significant purpose of the acquisition is to obtain
foreign intelligence information; and
``(5) the minimization procedures to be used with respect
to such acquisition activity meet the definition of
minimization procedures under section 101(h).
This determination shall be in the form of a written certification,
under oath, supported as appropriate by affidavit of appropriate
officials in the national security field occupying positions appointed
by the President, by and with the consent of the Senate, or the Head of
any Agency of the Intelligence Community, unless immediate action by
the Government is required and time does not permit the preparation of
a certification. In such a case, the determination of the Director of
National Intelligence and the Attorney General shall be reduced to a
certification as soon as possible but in no event more than 72 hours
after the determination is made.
``(b) Specific Place Not Required.--A certification under
subsection (a) is not required to identify the specific facilities,
places, premises, or property at which the acquisition of foreign
intelligence information will be directed.
``(c) Submission of Certification.--The Attorney General shall
transmit as soon as practicable under seal to the court established
under section 103(a) a copy of a certification made under subsection
(a). Such certification shall be maintained under security measures
established by the Chief Justice of the United States and the Attorney
General, in consultation with the Director of National Intelligence,
and shall remain sealed unless the certification is necessary to
determine the legality of the acquisition under section 105B.
``(d) Minimization Procedures.--An acquisition under this section
may be conducted only in accordance with the certification of the
Director of National Intelligence and the Attorney General, or their
oral instructions if time does not permit the preparation of a
certification, and the minimization procedures adopted by the Attorney
General. The Director of National Intelligence and the Attorney General
shall assess compliance with such procedures and shall report such
assessments to the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on Intelligence of
the Senate under section 108(a).
``(e) Directive.--With respect to an authorization of an
acquisition under section 105B, the Director of National Intelligence
and Attorney General may direct a person to--
``(1) immediately provide the Government with all
information, facilities, and assistance necessary to accomplish
the acquisition in such a manner as will protect the secrecy of
the acquisition and produce a minimum of interference with the
services that such person is providing to the target; and
``(2) maintain under security procedures approved by the
Attorney General and the Director of National Intelligence any
records concerning the acquisition or the aid furnished that
such person wishes to maintain.
``(f) Compensation.--The Government shall compensate, at the
prevailing rate, a person for providing information, facilities, or
assistance pursuant to subsection (e).
``(g) Failure To Comply.--In the case of a failure to comply with a
directive issued pursuant to subsection (e), the Attorney General may
invoke the aid of the court established under section 103(a) to compel
compliance with the directive. The court shall issue an order requiring
the person to comply with the directive if it finds that the directive
was issued in accordance with subsection (e) and is otherwise lawful.
Failure to obey an order of the court may be punished by the court as
contempt of court. Any process under this section may be served in any
judicial district in which the person may be found.
``(h) Review of Petitions.--(1)(A) A person receiving a directive
issued pursuant to subsection (e) may challenge the legality of that
directive by filing a petition with the pool established under section
103(e)(1).
``(B) The presiding judge designated pursuant to section 103(b)
shall assign a petition filed under subparagraph (A) to one of the
judges serving in the pool established by section 103(e)(1). Not later
than 48 hours after the assignment of such petition, the assigned judge
shall conduct an initial review of the directive. If the assigned judge
determines that the petition is frivolous, the assigned judge shall
immediately deny the petition and affirm the directive or any part of
the directive that is the subject of the petition. If the assigned
judge determines the petition is not frivolous, the assigned judge
shall, within 72 hours, consider the petition in accordance with the
procedures established under section 103(e)(2) and provide a written
statement for the record of the reasons for any determination under
this subsection.
``(2) A judge considering a petition to modify or set aside a
directive may grant such petition only if the judge finds that such
directive does not meet the requirements of this section or is
otherwise unlawful. If the judge does not modify or set aside the
directive, the judge shall immediately affirm such directive, and order
the recipient to comply with such directive.
``(3) Any directive not explicitly modified or set aside under this
subsection shall remain in full effect.
``(i) Appeals.--The Government or a person receiving a directive
reviewed pursuant to subsection (h) may file a petition with the Court
of Review established under section 103(b) for review of the decision
issued pursuant to subsection (h) not later than 7 days after the
issuance of such decision. Such court of review shall have jurisdiction
to consider such petitions and shall provide for the record a written
statement of the reasons for its decision. On petition for a writ of
certiorari by the Government or any person receiving such directive,
the record shall be transmitted under seal to the Supreme Court, which
shall have jurisdiction to review such decision.
``(j) Proceedings.--Judicial proceedings under this section shall
be concluded as expeditiously as possible. The record of proceedings,
including petitions filed, orders granted, and statements of reasons
for decision, shall be maintained under security measures established
by the Chief Justice of the United States, in consultation with the
Attorney General and the Director of National Intelligence.
``(k) Sealed Petitions.--All petitions under this section shall be
filed under seal. In any proceedings under this section, the court
shall, upon request of the Government, review ex parte and in camera
any Government submission, or portions of a submission, which may
include classified information.
``(l) Liability.--Notwithstanding any other law, no cause of action
shall lie in any court against any person for providing any
information, facilities, or assistance in accordance with a directive
under this section.
``(m) Retention of Directives and Orders.--A directive made or an
order granted under this section shall be retained for a period of not
less than 10 years from the date on which such directive or such order
is made.''.
SEC. 2. SUBMISSION TO COURT REVIEW AND ASSESSMENT OF PROCEDURES.
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.) is further amended by inserting after section 105B the
following:
``submission to court review of procedures
``Sec. 105C. (a) No later than 120 days after the date of the
enactment of this section, the Attorney General shall submit to the
Court established under section 103(a), the procedures by which the
Government determines that acquisitions conducted pursuant to section
105B do not constitute electronic surveillance. The procedures
submitted pursuant to this section shall be updated and submitted to
the Court on an annual basis.
``(b) No later than 180 days after the date of the enactment of
this section, the court established under section 103(a) shall assess
the Government's determination under section 105B(a)(1) that those
procedures are reasonably designed to ensure that acquisitions
conducted pursuant to section 105B do not constitute electronic
surveillance. The courts review shall be limited to whether the
Government's determination is clearly erroneous.
``(c) If the court concludes that the determination is not clearly
erroneous, it shall enter an order approving the continued use of such
procedures. If the court concludes that the determination is clearly
erroneous, it shall issue an order directing the Government to submit
new procedures within 30 days or cease any acquisitions under section
105B that are implicated by the court's order.
``(d) The Government may appeal any order issued under subsection
(c) to the court established under section 103(b). If such court
determines that the order was properly entered, the court shall
immediately provide for the record a written statement of each reason
for its decision, and, on petition of the United States for a writ of
certiorari, the record shall be transmitted under seal to the Supreme
Court of the United States, which shall have jurisdiction to review
such decision. Any acquisitions affected by the order issued under
subsection (c) of this section may continue during the pendency of any
appeal, the period during which a petition for writ of certiorari may
be pending, and any review by the Supreme Court of the United
States.''.
SEC. 3. REPORTING TO CONGRESS.
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.) is further amended by inserting after section 105C the
following:
``reporting to congress
``Sec. 105D. On a semi-annual basis the Attorney General shall
inform the Select Committee on Intelligence of the Senate, the
Permanent Select Committee on Intelligence of the House of
Representatives, the Committee on the Judiciary of the Senate, and the
Committee on the Judiciary of the House of Representatives, concerning
acquisitions under this section during the previous six-month period.
Each report made under this section shall include--
``(1) a description of the incidents of noncompliance with
a directive issued by the Attorney General and the director of
national intelligence under section 105B to include--
``(A) incidents of noncompliance by an element of
the Intelligence Community with guidelines or
procedures established for determining that the
acquisition of foreign intelligence authorized by the
Attorney General and Director of National Intelligence
concerns persons reasonably to be outside the United
States; and
``(B) incidents of noncompliance by a specified
person to whom the Attorney General and Director of
National Intelligence issue a directive under this
section; and
``(2) the number of certifications and directives issued
during the reporting period.''.
SEC. 4. TECHNICAL AMENDMENT AND CONFORMING AMENDMENTS.
(a) Section 103(e) of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801 et seq.) is amended--
(1) in paragraph (1), by striking ``501(f)(1)'' and
inserting ``105B(h) or 501(f)(1)''; and
(2) in paragraph (2), by striking ``501(f)(1)'' and
inserting ``105B(h) or 501(f)(1)''.
(b) Table of Contents.--The table of contents in the first section
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.) is amended by inserting after the item relating to section 105
the following:
``105A. Clarification of electronic surveillance of persons outside the
United States.
``105B. Additional procedure for authorizing certain acquisitions
concerning persons located outside the
United States.
``105C. Submission to court review of procedures.
``105D. Reporting to Congress.''.
SEC. 5. LIABILITY DEFENSE.
(a) In General.--Notwithstanding any other law, and in addition to
the immunities, privileges, and defenses provided by any other source
of law, no action shall lie or be maintained in any court, and no
penalty, sanction, or other form of remedy or relief shall be imposed
by any court or any other body, against any person for the alleged
provision to an element of the intelligence community of any
information (including records or other information pertaining to a
customer), facilities, or any other form of assistance, during the
period of time beginning on September 11, 2001, and ending on the date
that is the effective date of this Act, in connection with any alleged
classified communications intelligence activity that the Attorney
General or a designee of the Attorney General certifies, in a manner
consistent with the protection of State secrets, is, was, would be, or
would have been intended to protect the United States from a terrorist
attack. This section shall apply to all actions, claims, or proceedings
pending on or after the effective date of this Act.
(b) Jurisdiction.--Any action or claim described in subsection (a)
that is brought in a State court shall be deemed to arise under the
Constitution and laws of the United States and shall be removable
pursuant to section 1441 of title 28, United States Code.
(c) Definitions.--In this section:
(1) Intelligence community.--The term ``intelligence
community'' has the meaning given the term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).
(2) Person.--The term ``person'' has the meaning given the
term in section 2510(6) of title 18, United States Code.
SEC. 6. EFFECTIVE DATE; TRANSITION PROCEDURES.
(a) Except as otherwise provided, the amendments made by this Act
shall take effect immediately after the date of the enactment of this
Act.
(b) Notwithstanding any other provision of this Act, any order in
effect on the date of enactment of this Act issued pursuant to the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)
shall remain in effect until the date of expiration of such order, and,
at the request of the applicant, the court established under section
103 (a) of such Act (50 U.S.C. 1803(a)) shall reauthorize such order as
long as the facts and circumstances continue to justify issuance of
such order under the provisions of the Foreign Intelligence
Surveillance Act of 1978, as in effect on the day before the applicable
effective date of this Act. The Government also may file new
applications, and the court established under section 103(a) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)) shall
enter orders granting such applications pursuant to such Act, as long
as the application meets the requirements set forth under the
provisions of such Act as in effect on the day before the effective
date of this Act. At the request of the applicant, the court
established under section 103(a) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1803(a)), shall extinguish any
extant authorization to conduct electronic surveillance or physical
search entered pursuant to such Act. Any surveillance conducted
pursuant to an order entered under this subsection shall be subject to
the provisions of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.), as in effect on the day before the effective date
of this Act. | Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to state that nothing in the FISA definition of "electronic surveillance" shall be construed to encompass surveillance directed at a person located outside the United States.
Authorizes the Director of National Intelligence (DNI) and the Attorney General (AG), for periods up to one year, to acquire foreign intelligence information concerning persons outside the United States under specified procedures subject to review by the Foreign Intelligence Surveillance Court (Court). Allows the DNI and AG to issue a directive to require a person to: (1) provide appropriate information to accomplish an acquisition while protecting the secrecy of the information acquired and producing a minimum of interference with services provided to the acquisition target; and (2) maintain appropriate records concerning the acquisition. Outlines procedures to be followed in the case of a failure to comply with a directive.
Directs the: (1) AG to submit to the Court the procedures by which the government determines that acquisitions conducted pursuant to the above authority do not constitute electronic surveillance; and (2) Court to assess such procedures.
Requires the AG to report semiannually to the congressional intelligence and judiciary committees on incidents of noncompliance with directives issues by the DNI and AG. | To update the Foreign Intelligence Surveillance Act of 1978, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agriculture Market Development Act
of 1995''.
SEC. 2. ESTABLISHMENT AND IMPLEMENTATION.
(a) Establishment.--The Secretary of Agriculture shall establish
and, in cooperation with eligible trade organizations, carry out a
foreign market development cooperator program to maintain and develop
foreign markets for United States agricultural commodities.
(b) Implementation.--The program authorized under subsection (a)
shall be carried out through multi-year contracts or agreements between
the Secretary of Agriculture and eligible trade organizations under
which cost-share assistance is provided to such organizations as
cooperators for the conduct of foreign market development activities,
and to third party cooperators, under annual marketing plans provided
for in section 5.
(c) Authorization of Appropriations.--Subject to section 7(c),
there are authorized to be appropriated to the Department of
Agriculture for use in providing cost-share assistance to eligible
trade organizations under contracts and agreements entered into under
subsection (b) and for other costs of the foreign market development
cooperator program established under this Act (including contingent
liabilities not otherwise funded) such sums as may be necessary for
each of fiscal years 1996 through 2000.
SEC. 3. ELIGIBLE TRADE ORGANIZATIONS; REQUIREMENTS FOR PARTICIPATION.
(a) Eligible Trade Organization.--For purposes of this Act, the
term ``eligible trade organization'' means a United States trade
organization that promotes the export of one or more United States
agricultural commodities and that does not have a business interest in
or receive remuneration from specific sales of agricultural
commodities.
(b) Requirements for Participation.--
(1) Eligible trade organization.--In order for an eligible
trade organization to enter a contract or agreement with the
Secretary of Agriculture for the conduct of foreign market
development activities as a cooperator under this Act, the
organization shall--
(A) establish that it is funded primarily by United
States members of the industry it represents;
(B) prepare and submit to the Secretary of
Agriculture annually a marketing plan as provided for
under section 5; and
(C) meet any other appropriate requirements
established by the Secretary for participation in the
foreign market development cooperator program
established under this Act.
In addition, each participant shall endeavor to provide an
annual contribution for activities under the marketing plan
that is equal to or greater than the amount provided for such
activities by the Department of Agriculture.
(2) Criteria for approval of contracts and agreements.--The
Secretary of Agriculture may enter into a contract or agreement
with an eligible trade organization for the conduct of foreign
market development activities under this Act only if the
Secretary determines that the activities under the eligible
trade organization's marketing plans--
(A) have a strong likelihood of achieving success
in maintaining or increasing foreign consumption and
imports of one or more United States agricultural
commodity;
(B) will make long-range contributions to United
States agricultural exports;
(C) focus on a commodity or commodities the export
of which is important to United States agriculture and
this Nation's foreign balance of payments;
(D) include the provision by the eligible trade
organization of a competent United States-based staff
and other resources to ensure adequate development,
supervision, and execution of project activities;
(E) are coupled with a commitment by private
organizations to back up promotional activities with
aggressive selling and adequate supplies of the
commodity involved or the quality desired by foreign
buyers; and
(F) are focused on markets for which the United
States is in competition with other exporting
countries.
SEC. 4. COOPERATOR RESPONSIBILITIES.
(a) Trade Servicing, Technical Assistance, and Consumer
Education.--
(1) In general.--Eligible trade organizations participating
in the foreign market development cooperator program under this
Act shall provide market development and customer support
services outside the United States directed at foreign
purchasers, potential purchasers, and users of United States
agricultural commodities, through trade servicing, technical
assistance, and consumer education.
(2) Specific goals.--Trade servicing, technical assistance,
and consumer education by each eligible trade organization
under subsection (a) shall be conducted so as to achieve the
following goals (as well as other appropriate goals specified
by the Secretary by regulation):
(A) To increase foreign consumer and commercial use
of the United States commodity involved and products
made from such commodity, to develop long-term foreign
demand for the commodity, and to help overcome
constraints to United States exports of the commodity
involved.
(B) To establish a long-term presence in foreign
markets for the commodity involved.
(C) To enable foreign users of the commodity and
products made from the commodity to enhance their
competitiveness, analyze markets, improve end use
quality, and respond to consumption trends.
(D) To make maximum use of new technologies,
including satellite transmissions, to disseminate trade
information and enhance industry technologies that will
expand demand for the commodity.
(E) To increase technical contact between the
United States production industry for the commodity and
foreign customers and users so as to achieve better and
more accurate market analyses and trade intelligence
collected in the public and private sector.
(F) To identify third parties to contribute to the
implementation of activities conducted under the
eligible trade organization's annual marketing plan
either through cash or in-kind contributions.
(b) Coordination, Assistance, and Consultation.--
(1) Coordination and assistance.--Eligible trade
organizations participating in the foreign market development
cooperator program under this Act shall coordinate their
activities with those of agricultural trade officers of the
Foreign Agricultural Service. In turn, such officers and other
Foreign Agricultural Service personnel shall assist the
eligible trade organizations in the development and operation
of trade promotion programs that use product exhibits, trade
teams, market information services, and trade referral services
to expand international markets for United States agricultural
commodities.
(2) Consultation.--Eligible trade organizations shall
consult with the staff of the Foreign Agricultural Service to
ensure that their annual marketing plans under this Act are
consistent with and complement the foreign market development
activities of the Service.
SEC. 5. ANNUAL MARKETING PLANS.
(a) In General.--An eligible trade organization participating in
and receiving assistance for any year under the foreign market
development cooperator program established under this Act shall develop
and submit to the Secretary of Agriculture a marketing plan to carry
out trade servicing, technical assistance, and consumer education, as
provided for in section 4(a), for such year.
(b) Requirement for Plans.--Each annual marketing plan submitted by
an eligible trade organization under subsection (a) shall specifically
describe the manner in which assistance received by the organization in
conjunction with funds and services provided by or through the
organization will be expended in implementing the plan.
(c) Amendments.--An annual marketing plan may be amended at any
time by the eligible trade organization with the approval of the
Secretary of Agriculture.
SEC. 6. OVERSIGHT.
(a) Monitoring.--The Secretary of Agriculture shall monitor the
expenditure of funds received by each eligible trade organization under
this Act.
(b) Reports, Books, and Records.--Each eligible trade organization
receiving assistance under this Act shall--
(1) keep financial accounts of, submit regular reports
providing information on, activities conducted and funds spent
under the organization's annual marketing plan; and
(2) make available to the Secretary of Agriculture for
inspection, at any reasonable time and place, the books and
records of its business and financial transactions.
(c) Audits.--Each eligible trade organization receiving assistance
under the foreign market development cooperator program under this Act
shall have conducted an audit or financial review of the organization's
activities under such program, which shall accurately account for funds
and services received and expended under this Act.
(d) Evaluation.--
(1) In general.--The Secretary of Agriculture shall
periodically evaluate the foreign market development activities
of each eligible trade organization to determine whether the
organization is in compliance with its annual marketing plan
and to determine the effectiveness of the organization's
activities under the plan in maintaining and developing markets
for United States agricultural commodities, taking into
consideration the difficulty of precisely quantifying the
effects of long-term trade servicing and technical assistance.
(2) High-volume agricultural commodities.--With respect to
activities directed toward maintenance and development of
markets for high-volume agricultural commodities, in performing
such evaluations, the Secretary shall consider--
(A) the long-term benefits of a United States
presence in foreign markets for such commodity given
the benefit to the United States economy as a whole of
a strong high-volume commodity export sector; and
(B) the intense competition by other exporting
countries in the international markets for such
commodities.
SEC. 7. IMPLEMENTATION DATE AND TRANSITION.
(a) Implementation Date.--The Secretary of Agriculture shall
establish the foreign market development cooperator program authorized
under this Act not later than 90 days after the enactment of this Act.
(b) Transition.--In establishing the program authorized under this
Act, the Secretary shall ensure that on-going foreign market
development cooperator projects and activities are continued and
appropriately incorporated into the program under this Act.
SEC. 8. CONFORMING PROVISIONS.
(a) Amendment to Agricultural Act of 1954.--Section 601 of the
Agricultural Act of 1954 (7 U.S.C. 1761) is amended by redesignating
the existing text as subsection (a) and adding at the end a new
subsection as follows:
``(b) The Secretary of Agriculture shall coordinate activities
conducted under subsection (a) with the conduct of the programs
authorized under the `Agriculture Market Development Act of 1995'.''.
(b) Agricultural Competitiveness and Trade Act of 1988.--
(1) Applicability of provisions.--Subsections (d) and (e)
of section 4214 of the Agricultural Competitiveness and Trade
Act of 1988 (7 U.S.C. 5234) shall apply to the activities of
the eligible trade organizations to which assistance is
provided under this Act.
(2) Amendment of payment-in-kind provision.--Subsection (b)
of section 4214 of the Agricultural Competitiveness and Trade
Act of 1988 (7 U.S.C. 5234) is amended by adding at the end the
following: ``The Secretary of Agriculture shall coordinate
activities conducted under this subsection with the conduct of
the programs authorized under the Agriculture Market
Development Act of 1995.''. | Agriculture Market Development Act of 1995 - Directs the Secretary of Agriculture to establish and, in cooperation with eligible trade organizations (ETOs), carry out a foreign market development cooperator program to maintain and develop foreign markets for U.S. agricultural commodities. Requires that the program be carried out through multiyear contracts or agreements between the Secretary and ETOs, with cost sharing provided by the Secretary to the ETOs. Authorizes appropriations.
Defines "eligible trade organization" to mean a U.S. trade organization that promotes agricultural exports and that does not have a business interest in or receive remuneration from specific sales.
Requires participating ETOs to submit annual marketing plans. | Agriculture Market Development Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ski Area Recreational Opportunity
Enhancement Act of 2010''.
SEC. 2. PURPOSE.
The purpose of this Act is to amend the National Forest Ski Area
Permit Act of 1986 (16 U.S.C. 497b)--
(1) to enable snow-sports (in addition to nordic and alpine
skiing) to be permitted on National Forest System land, subject
to ski area permits issued by the Secretary of Agriculture
under section 3 of the National Forest Ski Area Permit Act of
1986 (16 U.S.C. 497b); and
(2) to clarify the authority of the Secretary to permit
appropriate additional seasonal or year-round recreational
activities and facilities on National Forest System land,
subject to ski area permits issued by the Secretary under
section 3 of the National Forest Ski Area Permit Act of 1986
(16 U.S.C. 497b).
SEC. 3. SKI AREA PERMITS.
Section 3 of the National Forest Ski Area Permit Act of 1986 (16
U.S.C. 497b) is amended--
(1) in subsection (a), by striking ``nordic and alpine ski
areas and facilities'' and inserting ``ski areas and associated
facilities'';
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ``nordic and alpine skiing operations and
purposes'' and inserting ``skiing and other snow-sports and
such other seasonal or year-round recreational activities
associated with mountain resorts as the Secretary may authorize
pursuant to subsection (c)'';
(3) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(4) by inserting after subsection (b) the following:
``(c) Other Recreational Uses.--
``(1) Authority of secretary.--Subject to paragraphs (2)
and (3), the Secretary may authorize the holder of a ski area
permit issued pursuant to subsection (b) to provide on National
Forest System land subject to the ski area permit such other
seasonal or year-round natural resource-based recreational
activities and associated facilities or improvements (in
addition to skiing and other snow-sports) as the Secretary
determines to be appropriate.
``(2) Requirements.--Any activity, facility, or improvement
authorized by the Secretary under paragraph (1) shall--
``(A) encourage outdoor recreation and enjoyment of
nature;
``(B) to the extent practicable, harmonize with the
natural environment of the National Forest System land
on which the activity, facility, or improvement is
located;
``(C) to the extent practicable, be located within
the portions of the ski permit area that are developed
to support skiing and other snow sports;
``(D) be consistent with the applicable forest
management plan and all other applicable laws; and
``(E) be subject to such terms and conditions as
the Secretary determines to be appropriate.
``(3) No change in purpose.--
``(A) Purpose test.--The Secretary may not
authorize an activity, facility, or improvement under
paragraph (1) if the Secretary determines that the
authorization of the activity, facility, or improvement
would result in the primary recreational purpose of the
National Forest System land subject to the ski area
permit to be a purpose other than skiing or any other
snow-sport.
``(B) Revenue test.--To ensure that National Forest
System lands subject to a ski area permit continue to
be used predominately for skiing and other snow sports,
the Secretary may authorize an activity, facility, or
improvement under paragraph (1) only to the extent that
the majority of the revenue of the ski area is
generated by the sale of lift tickets and fees for ski
and other snow-sport rentals, skiing and other snow-
sport instruction, ski trail passes for the use of
trails maintained by the permit holder, and ancillary
facilities related to the operation and support of
skiing and other snow-sport activities.
``(4) Boundary changes.--When determining the boundary of a
ski area permit under subsection (b)(3), the Secretary shall
not consider the need for activities other than skiing and
other snow-sports.
``(5) Effect on existing authorized activities and
facilities.--Nothing in this subsection affects any activity or
facility authorized by a ski area permit in effect on the date
of enactment of this subsection during the term of the
permit.''; and
(5) in subsection (d) (as redesignated by paragraph (3))--
(A) by striking ``Within one year after the date of
enactment of this Act, the'' and inserting ``Not later
than 18 months after the date of enactment of the Ski
Area Recreational Opportunity Enhancement Act of 2010,
the''; and
(B) by striking ``within 3 years of the date of
enactment of this Act''.
SEC. 4. EFFECT.
Nothing in this Act (including the amendments made by this Act)
affects--
(1) any authority of the Secretary of Agriculture
(including the authority of the Secretary with respect to
recreational activities or infrastructure located on National
Forest System land) under any Federal law (including
regulations) other than the National Forest Ski Area Permit Act
of 1986 (16 U.S.C. 497b); and
(2) any duty of the Secretary under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 5. STATUTORY PAY-AS-YOU-GO LANGUAGE.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Passed the House of Representatives July 30 (legislative
day July 29), 2010.
Attest:
LORRAINE C. MILLER,
Clerk.
By Robert F. Reeves,
Deputy Clerk. | Ski Area Recreational Opportunity Enhancement Act of 2010 - Amends the National Forest Ski Area Permit Act of 1986 to require the term and acreage of permits for the operation of ski areas and associated facilities (under current law, for the operation of nordic and alpine ski areas and facilities) on National Forest System lands to be governed by provisions under the Act relating to such permits and other applicable law.
Provides for the issuance of permits for the use and occupancy of suitable lands within the National Forest System for skiing and other snow-sports and such other seasonal or year-round recreational activities associated with mountain resorts as the Secretary of Agriculture (USDA) may authorize pursuant to this Act.
Requires any authorized activity, facility, or improvement other than skiing and other snow-sports to: (1) encourage outdoor recreation and enjoyment of nature; (2) harmonize with the natural environment of the National Forest System land on which it is located; (3) be located within the parts of the ski permit area that are developed to support skiing and other snow sports; and (4) be consistent with the applicable forest management plan and all other applicable laws.
Prohibits the Secretary from authorizing an activity, facility, or improvement under this Act if its authorization would result in the primary recreational purpose of the National Forest System land with a ski area permit being a purpose other than skiing or any other snow-sport. Allows the Secretary to authorize such an activity, facility, or improvement only to the extent that the majority of the ski area's revenue is generated by the sale of lift tickets and related fees for skiing and other snow-sport activities.
Bars the Secretary from considering the need for activities other than skiing and snow-sports when determining the boundary of a ski area permit.
Requires the Secretary to: (1) promulgate new rules and regulations for the implementation of this Act; and (2) convert all ski area permits or leases on National Forest System lands into ski area permits which conform to the provisions of this Act. | To amend the National Forest Ski Area Permit Act of 1986 to clarify the authority of the Secretary of Agriculture regarding additional recreational uses of National Forest System land that are subject to ski area permits, and for other purposes. |
SECTION 1. IMPLEMENTATION OF THE TRICARE PROGRAM OF THE DEPARTMENT OF
DEFENSE.
(a) Sense of Senate.--It is the sense of the Senate that--
(1) the health care program of the Department of Defense,
commonly known as TRICARE--
(A) reflects a commitment to cooperation between
the military departments; and
(B) integrates on a regional basis the provision of
health care by the military medical treatment
facilities under chapter 55 of title 10, United States
Code;
(2) the full implementation of the TRICARE program of the
Department will result in the establishment of a system for the
delivery of health care by the Department that is cohesive,
flexible, and more capable of meeting the requirements of
readiness to provide health care in support of military
operations and of capacity to provide health care on a routine
basis;
(3) the full implementation of the TRICARE program of the
Department will also result in--
(A) improved access to health care for individuals
eligible to participate in the system; and
(B) an enhancement of the capacities of the
Department of Defense medical facilities through--
(i) control over contractor support of such
facilities;
(ii) sharing of resources and
interoperability between the military
departments in the operation of such
facilities; and
(iii) cost containment; and
(4) medicare reimbursement is essential if the TRICARE
program of the Department is to compete effectively among
providers of health care services nationwide.
(b) Reimbursement by Medicare for Care Provided to Medicare-
Eligible Individuals.--(1) In the case of a person who is a medicare-
eligible individual and who is provided care in a facility of the
uniformed services that is certified under subsection (c), the
Secretary of Health and Human Services shall be responsible for making
payments to the certified facility under this section on behalf of the
person.
(2) The responsibilities of the Secretary of Health and Human
Services under this subsection shall be in the same amounts and under
similar terms and conditions under which that Secretary makes payments
to eligible organizations with a risk-sharing contract under such
section 1876.
(3) Upon making payment under this subsection to a certified
facility on behalf of a person, the obligation of the Secretary of
Health and Human Services to provide health care services to the person
shall cease.
(c) Certification of Facilities.--(1) The Secretary of Defense
shall certify to the Secretary of Health and Human Services each year--
(A) a list of all facilities of the uniformed services
that--
(i) meet or exceed medicare requirements that apply
to a public facility; or
(ii) fully comply with requirements established by
the administering Secretaries that are intended to
achieve the same or similar purposes as the
requirements referred to in clause (i) and that are no
less stringent than such requirements; and
(B) a list of all health plans conducted by the Secretary
of Defense that--
(i) meet or exceed medicare HMO requirements that
apply to the health plan of a public entity; or
(ii) fully comply with requirements established by
the administering Secretaries that are intended to
achieve the same or similar purposes as the
requirements referred to in clause (i) and that are no
less stringent than such requirements.
(2) For purposes of the medicare program--
(A) a Department health care facility for which there is a
certification in effect under paragraph (1)(A) and which
provides care to medicare-eligible individuals shall be deemed
to be a medicare provider; and
(B) a health plan for which there is a certification in
effect under paragraph (1)(B) and which provides care to
medicare-eligible individuals shall be deemed to be a medicare
HMO.
(d) Definitions.--In this section:
(1) The term ``administering Secretaries'' has the meaning
given such term in section 1072(3) of title 10, United States
Code.
(2) The term ``medicare program'' means the health
insurance program under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.).
(3) The term ``medicare-eligible individual'' means an
individual who is entitled to benefits under part A of the
medicare program.
(4) The term ``medicare HMO'' means an eligible
organization under section 1876 of the Social Security Act (42
U.S.C. 1395mm).
(5) The term ``medicare provider'' means an individual or
entity furnishing items or services for which payments may be
made under the medicare program. | Expresses the sense of the Senate that: (1) the health care program of the Department of Defense (DOD) known as TRICARE reflects a commitment to cooperation between the military departments and integrates the provision of health care by mlitary medical facilities; (2) full implementation of the TRICARE program will enhance DOD readiness to provide health care in support of military operations, as well as routine military health care, and will result in improved access to health care and enhancement of DOD medical facilities; and (3) Medicare (title XVIII of the Social Security Act) reimbursement is essential if the TRICARE program is to compete effectively among nationwide providers of health care services.
Provides that, in the case of a person who is a Medicare-eligible individual who receives services in a certified military medical facility, the Secretary of Health and Human Services (HHS) shall be responsible for making reimbursement payments to the certified facility providing such care. Requires the Secretary of Defense to certify to the HHS Secretary a list of all military facilities that meet or exceed Medicare requirements that apply to a public facility, as well as all DOD health plans that meet or exceed Medicare HMO requirements. | An original bill to state the sense of the Senate on the TRICARE program of the Department of Defense and to facilitate the full implementation of the program by authorizing the reimbursement of the program for the cost of care provided under the program to certain medicare-eligible individuals. |
SECTION 1. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS'
DISABILITY COMPENSATION FOR CERTAIN ADDITIONAL MILITARY
RETIREES WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES.
(a) Extension of Concurrent Receipt Authority to Retirees With
Service-Connected Disabilities Rated Less Than 50 Percent.--Subsection
(a) of section 1414 of title 10, United States Code, is amended--
(1) by striking ``Compensation'' in the subsection heading
and all that follows through ``Subject'' and inserting
``Compensation.--Subject''; and
(2) by striking paragraph (2).
(b) Repeal of Phase-In of Concurrent Receipt of Retired Pay and
Veterans' Disability Compensation.--Such section is further amended--
(1) in subsection (a), as amended by subsection (a) of this
section, by striking the final sentence;
(2) by striking subsection (c) and redesignating
subsections (d) and (e) as subsections (c) and (d),
respectively; and
(3) in subsection (d), as so redesignated, by striking
paragraphs (3) and (4).
(c) Clerical Amendments.--
(1) Section heading.--The heading for section 1414 of such
title is amended to read as follows:
``Sec. 1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation: concurrent payment of
retired pay and disability compensation''.
(2) Table of sections.--The item relating to such section
in the table of sections at the beginning of chapter 71 of such
title is amended to read as follows:
``1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation:
concurrent payment of retired pay and
disability compensation.''.
(d) Effective Date.--The amendments made by this section shall take
effect as of January 1, 2012, and shall apply to payments for months
beginning on or after that date.
SEC. 2. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-RELATED SPECIAL
COMPENSATION AND CONCURRENT RECEIPT.
(a) Eligibility for TERA Retirees.--Subsection (c) of section 1413a
of title 10, United States Code, is amended by striking ``entitled to
retired pay who--'' and all that follows through the end of paragraph
(1) and inserting ``who--
``(1) is entitled to retired pay, other than a member
retired under chapter 61 of this title with less than 20 years
of service creditable under section 1405 of this title and less
than 20 years of service computed under section 12732 of this
title; and''.
(b) Amendments To Standardize Similar Provisions.--
(1) Clerical and conforming amendments.--Section 1413a of
such title is further amended--
(A) in the heading for paragraph (3) of subsection
(b), by striking ``rules'' and inserting ``rule''; and
(B) in subsection (f), by striking ``Subsection
(d)'' and inserting ``Subsection (c)''.
(2) Specification of qualified retirees for concurrent
receipt purposes.--Section 1414 of such title, as amended by
section 3, is amended--
(A) in subsection (a)--
(i) by striking ``a member or'' and all
that follows through ``is entitled'' and
inserting ``an individual who is a qualified
retiree for any month is entitled''; and
(ii) by inserting ``retired pay and
veterans' disability compensation'' after
``both''; and
(B) in subsection (d), by adding at the end the
following new paragraph:
``(3) Qualified retiree.--The term `qualified retiree'
means a member or former member of the uniformed services who,
with respect to any month--
``(A) is entitled to retired pay, other than in the
case of a member retired under chapter 61 of this title
with less than 20 years of service creditable under
section 1405 of this title and less than 20 years of
service computed under section 12732 of this title; and
``(B) is entitled to veterans' disability
compensation.''.
(3) Standardization with crsc rule for chapter 61
retirees.--Subsection (b) of section 1414 of such title is
amended--
(A) by striking ``Special Rules'' in the subsection
heading and all that follows through ``is subject to''
and inserting ``Special Rule for Chapter 61 Disability
Retirees.--In the case of a qualified retiree who is
retired under chapter 61 of this title, the retired pay
of the member is subject to''; and
(B) by striking paragraph (2).
(c) Effective Date.--The amendments made by this section shall take
effect as of January 1, 2012, and shall apply to payments for months
beginning on or after that date.
SEC. 3. REPEAL OF REQUIREMENT OF REDUCTION OF SBP SURVIVOR ANNUITIES BY
DEPENDENCY AND INDEMNITY COMPENSATION.
(a) Repeal.--
(1) Repeal.--Subchapter II of chapter 73 of title 10,
United States Code, is amended as follows:
(A) In section 1450, by striking subsection (c).
(B) In section 1451(c)--
(i) by striking paragraph (2); and
(ii) by redesignating paragraphs (3) and
(4) as paragraphs (2) and (3), respectively.
(2) Conforming amendments.--Such subchapter is further
amended as follows:
(A) In section 1450--
(i) by striking subsection (e); and
(ii) by striking subsection (k).
(B) In section 1451(g)(1), by striking subparagraph
(C).
(C) In section 1452--
(i) in subsection (f)(2), by striking
``does not apply--'' and all that follows and
inserting ``does not apply in the case of a
deduction made through administrative error.'';
and
(ii) by striking subsection (g).
(D) In section 1455(c), by striking ``,
1450(k)(2),''.
(b) Prohibition on Retroactive Benefits.--No benefits may be paid
to any person for any period before the effective date provided under
subsection (f) by reason of the amendments made by subsection (a).
(c) Prohibition on Recoupment of Certain Amounts Previously
Refunded to SBP Recipients.--A surviving spouse who is or has been in
receipt of an annuity under the Survivor Benefit Plan under subchapter
II of chapter 73 of title 10, United States Code, that is in effect
before the effective date provided under subsection (f) and that is
adjusted by reason of the amendments made by subsection (a) and who has
received a refund of retired pay under section 1450(e) of title 10,
United States Code, shall not be required to repay such refund to the
United States.
(d) Repeal of Authority for Optional Annuity for Dependent
Children.--Section 1448(d)(2) of such title is amended--
(1) by striking ``Dependent children.--'' and all that
follows through ``In the case of a member described in
paragraph (1),'' and inserting ``Dependent children.--In the
case of a member described in paragraph (1),''; and
(2) by striking subparagraph (B).
(e) Restoration of Eligibility for Previously Eligible Spouses.--
The Secretary of the military department concerned shall restore
annuity eligibility to any eligible surviving spouse who, in
consultation with the Secretary, previously elected to transfer payment
of such annuity to a surviving child or children under the provisions
of section 1448(d)(2)(B) of title 10, United States Code, as in effect
on the day before the effective date provided under subsection (f).
Such eligibility shall be restored whether or not payment to such child
or children subsequently was terminated due to loss of dependent status
or death. For the purposes of this subsection, an eligible spouse
includes a spouse who was previously eligible for payment of such
annuity and is not remarried, or remarried after having attained age
55, or whose second or subsequent marriage has been terminated by
death, divorce or annulment.
(f) Effective Date.--This section and the amendments made by this
section shall take effect on the later of--
(1) October 1, 2011; or
(2) the first day of the first month that begins after the
date of the enactment of this Act.
SEC. 4. ELIMINATION OF FISCAL YEAR LIMITATION IN CONSIDERING ACTIVE
DUTY AND ACTIVE SERVICE FOR EARLY ELIGIBILITY FOR RECEIPT
OF NON-REGULAR SERVICE RETIRED PAY.
(a) Consideration of 90-Day Periods of Service.--Section
12731(f)(2)(A) of title 10, United States Code, is amended by striking
``below 60 years of age by three months for each aggregate of 90 days
on which such person so performs in any fiscal year after such date,
subject to subparagraph (C)'' and inserting ``, subject to subparagraph
(C), below 60 years of age by three months for each aggregate of 90
days on which such person serves on such active duty or performs such
active service after such date''.
(b) Retroactive Effective Date.--The amendment made by subsection
(a) shall take effect as of January 28, 2008, and as if included in the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181) as enacted. | Allows the receipt of both military retired pay and veterans' disability compensation with respect to any service-connected disability (under current law, only a disability rated at 50% or more). Repeals provisions phasing in the full concurrent receipt of such pay through December 31, 2013.
Makes eligible for the full concurrent receipt of both veterans' disability compensation and either military retired pay or combat-related special pay those individuals who were retired or separated from military service due to a service-connected disability.
Repeals certain provisions which require the offset of amounts paid in dependency and indemnity compensation from Survivor Benefit Plan (SBP) annuities for the surviving spouses of former military personnel who are entitled to military retired pay or who would be entitled to retired pay except for being under 60 years of age.
Prohibits requiring repayment of certain amounts previously paid to SBP recipients in the form of a retired pay refund.
Repeals the optional authority of (and instead requires) the Secretary of the military department concerned to pay an annuity to a member's dependent children when there is no eligible surviving spouse.
Directs the Secretary concerned to restore annuity eligibility to a surviving spouse who earlier agreed to transfer such eligibility to a surviving child or children of a member.
Removes the requirement that days of active duty or active service used to reduce the minimum age at which a member of the reserves may retire for non-regular (reserve) service must occur in the same fiscal year. | To amend title 10, United States Code, to expand eligibility for concurrent receipt of military retired pay and veterans' disability compensation to include additional chapter 61 disability retirees, to coordinate eligibility for combat-related special compensation and concurrent receipt, to eliminate the reduction of SBP survivor annuities by dependency and indemnity compensation, and to enhance the ability of members of the reserve components who serve on active duty or perform active service to receive credit for such service in determining eligibility for early receipt of non-regular service retired pay. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Forcing Out Underage Labor Act of
1996''.
SEC. 2. PROHIBITION ON IMPORTATION OF SOCCER BALLS MANUFACTURED OR
ASSEMBLED WITH CHILD LABOR.
(a) Identification of Countries.--The Secretary of Labor shall
identify those countries in which soccer balls are manufactured or
assembled, in whole or in part, with the use of child labor.
(b) Prohibition on Imports.--
(1) Prohibition.--The Secretary of the Treasury shall
prohibit the entry of any soccer balls manufactured or
assembled, in whole or in part, in a country identified by the
Secretary of Labor under subsection (a). For purposes of this
subsection and subsection (a), the term ``assembled'' includes,
but is not limited to, stitching.
(2) Exception.--Paragraph (1) shall not apply to the entry
of any article for which a certification that meets the
requirements of subsection (c) is provided and the article, or
the packaging in which it is offered for sale, contains, in
accordance with regulations prescribed by the Secretary of
Labor, a label stating that the article is not a product of
child labor.
(c) Certification That Article Is Not a Product of Child Labor.--
(1) Form and content.--The Secretary of the Treasury shall
prescribe the form and content of documentation, for submission
in connection with the entry of an article, that satisfies the
Secretary that the exporter of the article to the United
States, and the importer of the article into the customs
territory of the United States, have undertaken reasonable
steps to ensure that the article is not a product of child
labor.
(2) Reasonable steps.--For purposes of paragraph (1),
``reasonable steps'' includes--
(A) in the case of the exporter of an article--
(i) having entered into a contract with an
organization described in paragraph (4) in the
country concerned for allowing inspections for
the purpose of certifying both that the article
is not a product of child labor, and that a
label, protected under the copyright or
trademark laws of that country, that contains
such certification is affixed to the article;
and
(ii) having affixed to the article a label
described in clause (i); and
(B) in the case of the importer of an article into
the customs territory of the United States, having
required the certification and label described in
subparagraph (A) in the agreement setting forth the
terms and conditions of the acquisition or provision of
the imported article.
(3) Written evidence.--The documentation required by the
Secretary under paragraph (1) shall include written evidence
that the reasonable steps set forth in paragraph (2) have been
taken.
(4) Certifying organizations.--The Secretary of the
Treasury shall compile and maintain a list of independent
professional, internationally credible organizations, in
foreign countries, that have been established for the purpose
of conducting inspections, certifying, and labeling that
articles to be exported from those countries are not products
of child labor. Each such organization may consist of, but not
be limited to, representatives of nongovernmental child welfare
and human rights organizations, manufacturers, exporters,
independent trade unions, national governments, and neutral
international organizations.
SEC. 3. PENALTIES.
(a) Unlawful Acts.--It is unlawful--
(1) to attempt to enter any soccer ball if the entry is
prohibited under section 2(b)(1); or
(2) to violate any regulation prescribed under section 4.
(b) Civil Penalty.--Any person who commits any unlawful act set
forth in subsection (a) is liable for a civil penalty of not to exceed
$25,000.
(c) Criminal Penalty.--In addition to being liable for a civil
penalty under subsection (b), any person who intentionally commits any
unlawful act set forth in subsection (a) is, upon conviction, liable
for a fine of not less than $10,000 and not more than $35,000, or
imprisonment for not more than 1 year, or both.
(d) Construction.--The violations set forth in subsection (a) shall
be treated as violations of the customs laws for purposes of applying
the enforcement provisions of the Tariff Act of 1930, including--
(1) the search, seizure, and forfeiture provisions;
(2) section 592 (relating to penalties for entry by fraud,
gross negligence, or negligence); and
(3) section 619 (relating to compensation to informers).
SEC. 4. REGULATIONS.
The Secretary of Labor and the Secretary of the Treasury shall
issue such regulations as are necessary to carry out this Act.
SEC. 5. DEFINITIONS.
As used in this Act:
(1) Child labor.--The term ``child labor'' means the
performance of services in exchange for remuneration (without
regard to whom paid), subsistence, goods, or services, or any
combination thereof, or under circumstances tantamount to
involuntary servitude--
(A) by persons who have not attained the minimum
age, except for--
(i) light work by persons no more than 2
years younger than the minimum age that is not
likely to harm their health or development and
which does not prejudice their attendance at
school, their participation in vocational
orientation or training programs approved by
the competent authority in the country
concerned, or their capacity to benefit from
the instruction received,
(ii) work on family and small-scale
agricultural holdings which produce for local
consumption and do not regularly employ hired
workers,
(iii) work done by persons at least 14
years of age in schools or other training
institutions for general, vocational, or
technical education,
(iv) work done by persons at least 14 years
of age as an integral part of a program of
education, training, or occupational guidance
carried out in accordance with conditions
prescribed by the competent authority in the
country concerned, and
(v) participation in artistic performances
pursuant to permits granted in individual cases
by the competent authority in the country
concerned; and
(B) by persons under the age of 18 if such services
would likely jeopardize the health, safety, or moral
character of a young person, except for the performance
of such services by individuals at least 16 years of
age where--
(i) the country concerned has expressly
authorized such employment by national laws or
regulation;
(ii) the health, safety, and morals of the
individuals involved are fully protected; and
(iii) the individuals involved have
received adequate specific instruction or
vocational training in the relevant branch of
activity.
(2) Minimum age.--The term ``minimum age'' means the age at
which children complete compulsory schooling under the national
laws of the country concerned, or the age of 15, whichever is
older, except that when a country whose economy and educational
facilities are insufficiently developed has specified, pursuant
to an international agreement, a minimum age of 14 years for a
period of limited and specifically identified duration, the
term ``minimum age'' means the age of 14 years during that
period with respect to that country.
(3) Product of child labor.--An article shall be treated as
being manufactured or assembled with the use of child labor if
the article--
(A) was fabricated, assembled, or processed, in
whole or part, or
(B) contains any part that was fabricated,
assembled, or processed, in whole or in part,
with child labor.
(4) Entry.--The term ``entry'' means entry, or withdrawal
from warehouse for consumption, in the customs territory of the
United States.
SEC. 6. UNITED STATES SUPPORT FOR DEVELOPMENTAL ALTERNATIVES FOR
UNDERAGE CHILD WORKERS.
There is authorized to be appropriated to the President the sum
of--
(1) $10,000,000 for each of fiscal years 1997 through 2000
for a United States contribution to the International Labor
Organization for the activities of the International Program on
the Elimination of Child Labor; and
(2) $100,000 for fiscal year 1997 for a United States
contribution to the United Nations Commission on Human Rights
for those activities relating to bonded child labor that are
carried out by the Subcommittee and Working Group on
Contemporary Forms of Slavery. | Forcing Out Underage Labor Act of 1996 - Directs the Secretary of Labor to identify countries that manufacture soccer balls with the use of child labor. Prohibits the importation of such an item into the United States, unless it contains a label stating that it is not a product of child labor. Sets forth both civil and criminal penalties for violation of this prohibition.
Authorizes appropriations for a U.S. contribution to the International Labor Organization for the activities of the International Program on the Elimination of Child Labor and the United Nations Commission on Human Rights for certain activities related to bonded child labor. | Forcing Out Underage Labor Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Care Safety Act of 2000''.
SEC. 2. CRIMINAL BACKGROUND CHECKS FOR NURSING FACILITY WORKERS.
(a) Medicare.--
(1) Requirement to conduct criminal background checks.--
Section 1819(d)(4) of the Social Security Act (42 U.S.C. 1395i-
3(d)(4)) is amended--
(A) by redesignating subparagraph (B) as
subparagraph (C); and
(B) by inserting after subparagraph (A) the
following new subparagraph:
``(B) Screening of workers.--
``(i) In general.--A skilled nursing
facility shall not knowingly employ an
individual unless the individual has passed a
criminal background check conducted in
accordance with the requirements of clause
(ii).
``(ii) Requirements.--
``(I) Notification.--Not later than
180 days after the date of enactment of
this subparagraph, the Secretary, in
consultation with the Attorney General,
shall notify skilled nursing facilities
of the requirements of this
subparagraph.
``(II) Skilled nursing facility
requirements.--
``(aa) Provision of
statements to applicants.--Not
later than 180 days after a
skilled nursing facility
receives a notice in accordance
with subclause (I), the skilled
nursing facility shall adopt
and enforce the requirement
that each applicant for
employment at the skilled
nursing facility shall complete
the written statement described
in subclause (III).
``(bb) Transmittal of
completed statements.--Not
later than 5 business days
after a skilled nursing
facility receives such
completed written statement,
the skilled nursing facility
shall transmit such statement
to the Attorney General.
``(III) Statement described.--The
written statement described in this
subclause shall contain the following:
``(aa) The name, address,
and date of birth appearing on
a valid identification document
(as defined section 1028(d)(2)
of title 18, United States
Code) of the applicant, a
description of the
identification document used,
and the applicant's social
security account number.
``(bb) A statement that the
applicant has never been
convicted of a crime of
violence or of a Federal or
State offense consisting of the
distribution of controlled
substances (as that term is
defined in section 102(6) of
the Controlled Substances Act
(21 U.S.C. 802(6)).
``(cc) The date the
statement is made.
``(IV) Attorney general
requirements.--
``(aa) In general.--Upon
receipt of a completed written
statement from a skilled
nursing facility, the Attorney
General, using information
available to the Department of
Justice, shall notify the
facility of the receipt of such
statement and promptly
determine whether the applicant
completing the statement has
ever been convicted of a crime
described in subclause
(III)(bb).
``(bb) Notification of
failure to pass.--Not later
than 5 business days after the
receipt of such statement, the
Attorney General shall inform
the skilled nursing facility
transmitting the statement if
the applicant completing the
statement did not pass the
background check. A skilled
nursing facility not so
informed within such period
shall consider the applicant
completing the statement to
have passed the background
check.
``(cc) No fee.--In no case
shall a skilled nursing
facility or an applicant be
charged a fee in connection
with the background
check process conducted under this clause.
``(iii) Limitation on use of information.--
A skilled nursing facility that obtains
criminal background information about an
applicant pursuant to this subparagraph may use
such information only for the purpose of
determining the suitability of the worker for
employment.
``(iv) No action based on failure to
hire.--In any action against a skilled nursing
facility based on a failure or refusal to hire
an applicant, the fact that the applicant did
not pass a background check conducted in
accordance with this subparagraph shall be a
complete defense to such action.''.
(2) Penalties.--Section 1819(h)(1) of the Social Security
Act (42 U.S.C. 1395i-3(h)(1)) is amended--
(A) by striking the heading and inserting ``State
authority'';
(B) in the first sentence--
(i) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii) and indenting such
clauses appropriately; and
(ii) by striking ``If a State'' and
inserting the following:
``(A) In general.--If a State'';
(C) in the second sentence, by striking ``If a
State'' and inserting the following:
``(C) Penalties for prior failures.--If a State'';
and
(D) by inserting after subparagraph (A) (as added
by subparagraph (B)(ii) of this paragraph) the
following new subparagraph:
``(B) Required penalties.--A civil money penalty of
not more than $5000 shall be assessed and collected,
with interest, against any facility which is or was out
of compliance with the requirements of clause (i),
(ii)(II), or (iii) of subsection (d)(4)(B).''.
(b) Medicaid.--
(1) Requirement to conduct criminal background checks.--
Section 1919(d)(4) of the Social Security Act (42 U.S.C.
1396r(d)(4)) is amended--
(A) by redesignating subparagraph (B) as
subparagraph (C); and
(B) by inserting after subparagraph (A) the
following new subparagraph:
``(B) Screening of workers.--
``(i) In general.--A nursing facility shall
not knowingly employ an individual unless the
individual has passed a criminal background
check conducted in accordance with the
requirements of clause (ii).
``(ii) Requirements.--
``(I) Notification.--Not later than
180 days after the date of enactment of
this subparagraph, the Secretary, in
consultation with the Attorney General,
shall notify nursing facilities of the
requirements of this subparagraph.
``(II) Nursing facility
requirements.--
``(aa) Provision of
statements to applicants.--Not
later than 180 days after a
nursing facility receives a
notice in accordance with
subclause (I), the nursing
facility shall adopt and
enforce the requirement that
each applicant for employment
at the nursing facility shall
complete the written statement
described in subclause (III).
``(bb) Transmittal of
completed statements.--Not
later than 5 business days
after a nursing facility
receives such completed written
statement, the nursing facility
shall transmit such statement
to the Attorney General.
``(III) Statement described.--The
written statement described in this
subclause shall contain the following:
``(aa) The name, address,
and date of birth appearing on
a valid identification document
(as defined section 1028(d)(2)
of title 18, United States
Code) of the applicant, a
description of the
identification document used,
and the applicant's social
security account number.
``(bb) A statement that the
applicant has never been
convicted of a crime of
violence or of a Federal or
State offense consisting of the
distribution of controlled
substances (as that term is
defined in section 102(6) of
the Controlled Substances Act
(21 U.S.C. 802(6)).
``(cc) The date the
statement is made.
``(IV) Attorney general
requirements.--
``(aa) In general.--Upon
receipt of a completed written
statement from a nursing
facility, the Attorney General,
using information available to
the Department of Justice,
shall notify the facility of
the receipt of such statement
and promptly determine whether
the applicant completing the
statement has ever been
convicted of a crime described in subclause (III)(bb).
``(bb) Notification of
failure to pass.--Not later
than 5 business days after the
receipt of such statement, the
Attorney General shall inform
the nursing facility
transmitting the statement if
the applicant completing the
statement did not pass the
background check. A nursing
facility not so informed within
such period shall consider the
applicant completing the
statement to have passed the
background check.
``(cc) No fee.--In no case
shall a nursing facility or an
applicant be charged a fee in
connection with the background
check process conducted under
this clause.
``(iii) Limitation on use of information.--
A nursing facility that obtains criminal
background information about an applicant
pursuant to this subparagraph may use such
information only for the purpose of determining
the suitability of the worker for employment.
``(iv) No action based on failure to
hire.--In any action against a nursing facility
based on a failure or refusal to hire an
applicant, the fact that the applicant did not
pass a background check conducted in accordance
with this subparagraph shall be a complete
defense to such action.''.
(2) Penalties.--Section 1919(h)(2)(A) of the Social
Security Act (42 U.S.C. 1396r(h)(2)(A)) is amended by inserting
after clause (iv) the following new clause:
``(v) A civil money penalty of not more
than $5000 shall be assessed and collected,
with interest, against any facility which is or
was out of compliance with the requirements of
clause (i), (ii)(II), or (iii) of subsection
(d)(4)(B).''.
(c) Effective Date.--The amendments made by this section take
effect on October 1, 2000.
SEC. 3. REPORT ON CRIMINAL BACKGROUND CHECKS.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Attorney General shall conduct a study of the effects
of background checks in nursing facilities and submit a report to
Congress that includes the following:
(1) The success of conducting background checks on nursing
facility employees.
(2) The impact of background checks on patient care in such
facilities.
(3) The need to conduct background checks in other patient
care settings outside of nursing facilities.
(4) Suggested methods for further improving the background
check system and the estimated costs of such improvements.
(b) Definition of Nursing Facility.--In subsection (a), the term
``nursing facility'' has the meaning given that term in section 1919(a)
of the Social Security Act (42 U.S.C. 1396r(a)) and includes a skilled
nursing facility (as defined in section 1819(a) of such Act (42 U.S.C.
1395i-3(a))). | Directs the Attorney General to study and report to Congress on the effects of background checks in nursing facilities. | Senior Care Safety Act of 2000 |
SECTION 1. MARKET LOSS ASSISTANCE.
(a) Assistance Authorized.--The Secretary of Agriculture (referred
to in this Act as the ``Secretary'') shall, to the maximum extent
practicable, use $4,622,240,000 of funds of the Commodity Credit
Corporation to make a market loss assistance payment to owners and
producers on a farm that are eligible for a final payment for fiscal
year 2001 under a production flexibility contract for the farm under
the Agriculture Market Transition Act (7 U.S.C. 7201 et seq.).
(b) Amount.--The amount of assistance made available to owners and
producers on a farm under this section shall be proportionate to the
amount of the total contract payments received by the owners and
producers for fiscal year 2001 under a production flexibility contract
for the farm under the Agricultural Market Transition Act.
SEC. 2. SUPPLEMENTAL OILSEEDS PAYMENT.
The Secretary shall use $423,510,000 of funds of the Commodity
Credit Corporation to make a supplemental payment under section 202 of
the Agricultural Risk Protection Act of 2000 (Public Law 106-224; 7
U.S.C. 1421 note) to producers of the 2000 crop of oilseeds that
previously received a payment under such section.
SEC. 3. SUPPLEMENTAL PEANUT PAYMENT.
The Secretary shall use $54,210,000 of funds of the Commodity
Credit Corporation to provide a supplemental payment under section
204(a) of the Agricultural Risk Protection Act of 2000 (Public Law 106-
224; 7 U.S.C. 1421 note) to producers of quota peanuts or additional
peanuts for the 2000 crop year that previously received a payment under
such section. The Secretary shall adjust the payment rate specified in
such section to reflect the amount made available for payments under
this section.
SEC. 4. SUPPLEMENTAL TOBACCO PAYMENT.
(a) Supplemental Payment.--The Secretary shall use $129,000,000 of
funds of the Commodity Credit Corporation to provide a supplemental
payment under section 204(b) of the Agricultural Risk Protection Act of
2000 (Public Law 106-224; 7 U.S.C. 1421 note) to eligible persons (as
defined in such section) that previously received a payment under such
section.
(b) Special Rule for Georgia.--The Secretary may make payments
under this section to eligible persons in Georgia only if the State of
Georgia agrees to use the sum of $13,000,000 to make payments at the
same time, or subsequently, to the same persons in the same manner as
provided for the Federal payments under this section, as required by
section 204(b)(6) of the Agricultural Risk Protection Act of 2000.
SEC. 5. SUPPLEMENTAL WOOL AND MOHAIR PAYMENT.
The Secretary shall use $16,940,000 of funds of the Commodity
Credit Corporation to provide a supplemental payment under section 814
of the Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (as enacted by Public Law
106-387), to producers of wool, and producers of mohair, for the 2000
marketing year that previously received a payment under such section.
The Secretary shall adjust the payment rate specified in such section
to reflect the amount made available for payments under this section.
SEC. 6. SUPPLEMENTAL COTTONSEED ASSISTANCE.
The Secretary shall use $84,700,000 of funds of the Commodity
Credit Corporation to provide supplemental assistance under section
204(e) of the Agricultural Risk Protection Act of 2000 (Public Law 106-
224; 7 U.S.C. 1421 note) to producers and first-handlers of the 2000
crop of cottonseed that previously received assistance under such
section.
SEC. 7. SPECIALTY CROPS.
(a) Base State Grants.--The Secretary shall use $26,000,000 of
funds of the Commodity Credit Corporation to make grants to the several
States and the Commonwealth of Puerto Rico to be used to support
activities that promote agriculture. The amount of the grant shall be--
(1) $500,000 to each of the several States; and
(2) $1,000,000 to the Commonwealth of Puerto Rico.
(b) Grants for Value Of Production.--The Secretary shall use
$133,400,000 of funds of the Commodity Credit Corporation to make a
grant to each of the several States in an amount that represents the
proportion of the value of specialty crop production in the State in
relation to the national value of specialty crop production, as
follows:
(1) California, $63,320,000.
(2) Florida, $16,860,000.
(3) Washington, $9,610,000.
(4) Idaho, $3,670,000.
(5) Arizona, $3,430,000.
(6) Michigan, $3,250,000.
(7) Oregon, $3,220,000.
(8) Georgia, $2,730,000.
(9) Texas, $2,660,000.
(10) New York, $2,660,000.
(11) Wisconsin, $2,570,000.
(12) North Carolina, $1,540,000.
(13) Colorado, $1,510,000.
(14) North Dakota, $1,380,000.
(15) Minnesota, $1,320,000.
(16) Hawaii, $1,150,000.
(17) New Jersey, $1,100,000.
(18) Pennsylvania, $980,000.
(19) New Mexico, $900,000.
(20) Maine, $880,000.
(21) Ohio, $800,000.
(22) Indiana, $660,000.
(23) Nebraska, $640,000.
(24) Massachusetts,$640,000.
(25) Virginia, $620,000.
(26) Maryland, $500,000.
(27) Louisiana, $460,000.
(28) South Carolina, $440,000.
(29) Tennessee, $400,000.
(30) Illinois, $400,000.
(31) Oklahoma, $390,000.
(32) Alabama, $300,000.
(33) Delaware, $290,000.
(34) Mississippi, $250,000.
(35) Kansas, $210,000.
(36) Arkansas, $210,000.
(37) Missouri, $210,000.
(38) Connecticut, $180,000.
(39) Utah, $140,000.
(40) Montana, $140,000.
(41) New Hampshire, $120,000.
(42) Nevada, $120,000.
(43) Vermont, $120,000.
(44) Iowa, $100,000.
(45) West Virginia, $90,000.
(46) Wyoming, $70,000.
(47) Kentucky, $60,000.
(48) South Dakota, $40,000.
(49) Rhode Island, $40,000.
(50) Alaska, $20,000.
(c) Specialty Crop Priority.--As a condition on the receipt of a
grant under this section, a State shall agree to give priority to the
support of specialty crops in the use of the grant funds.
(d) Specialty Crop Defined.--In this section, the term ``specialty
crop'' means any agricultural crop, except wheat, feed grains,
oilseeds, cotton, rice, peanuts, and tobacco.
SEC. 8. COMMODITY ASSISTANCE PROGRAM.
The Secretary shall use $10,000,000 of funds of the Commodity
Credit Corporation to make a grant to each of the several States to be
used by the States to cover direct and indirect costs related to the
processing, transportation, and distribution of commodities to eligible
recipient agencies. The grants shall be allocated to States in the
manner provided under section 204(a) of the Emergency Food Assistance
Act of 1983 (7 U.S.C. 7508(a)).
SEC. 9. TECHNICAL CORRECTION REGARDING INDEMNITY PAYMENTS FOR COTTON
PRODUCERS.
(a) Conditions on Payment to State.--Subsection (b) of section 1121
of the Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 1999 (as contained in section
101(a) of division A of Public Law 105-277 (7 U.S.C. 1421 note)), and
as amended by section 754 of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act, 2001
(as enacted by Public Law 106-387; 114 Stat. 1549A-42), is amended to
read as follows:
``(b) Conditions on Payment to State.--The Secretary of Agriculture
shall make the payment to the State of Georgia under subsection (a)
only if the State--
``(1) contributes $5,000,000 to the indemnity fund and agrees
to expend all amounts in the indemnity fund by not later than
January 1, 2002 (or as soon as administratively practical
thereafter), to provide compensation to cotton producers as
provided in such subsection;
``(2) requires the recipient of a payment from the indemnity
fund to repay the State, for deposit in the indemnity fund, the
amount of any duplicate payment the recipient otherwise recovers
for such loss of cotton, or the loss of proceeds from the sale of
cotton, up to the amount of the payment from the indemnity fund;
and
``(3) agrees to deposit in the indemnity fund the proceeds of
any bond collected by the State for the benefit of recipients of
payments from the indemnity fund, to the extent of such
payments.''.
(b) Additional Disbursements From the Indemnity Fund.--Subsection
(d) of such section is amended to read as follows:
``(d) Additional Disbursement to Cotton Ginners.--The State of
Georgia shall use funds remaining in the indemnity fund, after the
provision of compensation to cotton producers in Georgia under
subsection (a) (including cotton producers who file a contingent claim,
as defined and provided in section 5.1 of chapter 19 of title 2 of the
Official Code of Georgia), to compensate cotton ginners (as defined and
provided in such section) that--
``(1) incurred a loss as the result of--
``(A) the business failure of any cotton buyer doing
business in Georgia; or
``(B) the failure or refusal of any such cotton buyer to
pay the contracted price that had been agreed upon by the
ginner and the buyer for cotton grown in Georgia on or after
January 1, 1997, and had been purchased or contracted by the
ginner from cotton producers in Georgia;
``(2) paid cotton producers the amount which the cotton ginner
had agreed to pay for such cotton received from such cotton
producers in Georgia; and
``(3) satisfy the procedural requirements and deadlines
specified in chapter 19 of title 2 of the Official Code of Georgia
applicable to cotton ginner claims.''.
(c) Conforming Amendment.--Subsection (c) of such section is
amended by striking ``Upon the establishment of the indemnity fund, and
not later than October 1, 1999, the'' and inserting ``The''.
SEC. 10. INCREASE IN PAYMENT LIMITATIONS REGARDING LOAN DEFICIENCY
PAYMENTS AND MARKETING LOAN GAINS.
Notwithstanding section 1001(2) of the Food Security Act of 1985 (7
U.S.C. 1308(1)), the total amount of the payments specified in section
1001(3) of that Act that a person shall be entitled to receive for one
or more contract commodities and oilseeds under the Agricultural Market
Transition Act (7 U.S.C. 7201 et seq.) during the 2001 crop year may
not exceed $150,000.
SEC. 11. TIMING OF, AND LIMITATION ON, EXPENDITURES.
(a) Deadline for Expenditures.--All expenditures required by this
Act shall be made not later than September 30, 2001. Any funds made
available by this Act and remaining unexpended by October 1, 2001,
shall be deemed to be unexpendable, and the authority provided by this
Act to expend such funds is rescinded effective on that date.
(b) Total Amount of Expenditures.--The total amount expended under
this Act may not exceed $5,500,000,000. If the payments required by
this Act would result in expenditures in excess of such amount, the
Secretary shall reduce such payments on a pro rata basis as necessary
to ensure that such expenditures do not exceed such amount.
SEC. 12. REGULATIONS.
(a) Promulgation.--As soon as practicable after the date of the
enactment of this Act, the Secretary and the Commodity Credit
Corporation, as appropriate, shall promulgate such regulations as are
necessary to implement this Act and the amendments made by this Act.
The promulgation of the regulations and administration of this Act
shall be made without regard to--
(1) the notice and comment provisions of section 553 of title
5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices
of proposed rulemaking and public participation in rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly known
as the ``Paperwork Reduction Act'').
(b) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary shall use the authority provided under
section 808 of title 5, United States Code.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Directs the Secretary of Agriculture to use specified Commodity Credit Corporation (CCC) funds for a market loss assistance payment to farm owners and producers who are eligible for a final FY 2001 production flexibility contract payment (such payment to be proportional to total 2001 flexibility contract payments received).(Sec. 2) Directs the Secretary to use specified CCC funds for supplemental 2000 payments to qualifying: (1) oilseed producers; (2) peanut producers; (3) wool and mohair producers; (4) tobacco producers (payments to Georgia producers may be made only if Georgia provides specified funds for such purpose); and (5) cottonseed producers and first handlers.(Sec. 7) Directs the Secretary to use specified CCC funds for grants to: (1) the States and Puerto Rico for agricultural promotion activities; and (2) the States (in specified amounts) for the value of specialty crop production. Defines "specialty crop" as any crop other than wheat, feed grains, oilseeds, cotton, rice, peanuts, and tobacco.(Sec. 8) Directs the Secretary to use specified CCC funds for grants to cover State transportation, processing, and distribution costs under the Emergency Food Assistance Act of 1983.(Sec. 9) Amends the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, as amended by the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001, respecting Cotton Producer Indemnity Fund payments to Georgia producers and ginners.(Sec. 10) Establishes a $150,000 individual limitation on 2001 loan deficiency payments and marketing loan gains.(Sec. 11) States that expenditures under this Act shall be made by September 30, 2001. Deems any funds remaining unused as of October 1, 2001, to be unexpendable. Rescinds authority to expend such funds as of that date.States that: (1) total expenditures under this Act shall not exceed $5.5 billion; and (2) payments shall be reduced on a pro rata basis if they would exceed such limitation.(Sec. 12) Directs the Secretary and the CCC to promulgate implementing regulations. | To respond to the continuing economic crisis adversely affecting American agricultural producers. |
SECTION 1. ESTABLISHMENT OF SPECIAL ENROLLMENT PERIODS AND WAIVER OF
LATE ENROLLMENT PENALTY FOR CERTAIN MILITARY RETIREES AND
DEPENDENTS.
(a) Special Medicare Part B Enrollment Period.--
(1) In general.--Section 1837 of the Social Security Act
(42 U.S.C. 1395p) is amended by adding at the end the following
new subsection:
``(j)(1)(A) There shall be a special enrollment period described in
subparagraph (B) in the case of an individual who attained age 65
before the date of the enactment of this subsection and with respect to
whom the following conditions are met:
``(i) Since attaining such age and up to such date of
enactment, the individual has been a covered beneficiary (as
defined in section 1072(5) of title 10, United States Code)
under chapter 55 of title 10, United States Code.
``(ii) Since attaining such age and up to the date of the
event described in clause (iii), the individual continuously
maintained a primary residence within 100 miles of a military
hospital that provided inpatient hospital services and was not
been enrolled under this part.
``(iii) Since attaining such age and before such date of
enactment, any military hospital that provided inpatient
hospital services and that was located within 100 miles of the
individual's primary residence either was closed or
discontinued the provision of such services.
``(B) The special enrollment period under this paragraph shall be
the 9-month period beginning with the first month that begins at least
45 days after the date of the enactment of this Act.
``(2)(A) There shall be a special enrollment period described in
subparagraph (B) in the case of an individual who attains age 65 on or
after the date of the enactment of this subsection and with respect to
whom the following conditions are met:
``(i) Since attaining such age and until the date of the
announcement described in clause (ii), the individual has been
a covered beneficiary (as defined in section 1072(5) of title
10, United States Code) under chapter 55 of title 10, United
States Code, has not been enrolled under this part, and has
continuously maintained a primary residence within 100 miles of
a military hospital that provided inpatient hospital services.
``(ii) Since attaining such age, there has been an
announcement that any military hospital that provided inpatient
hospital services and that was located within 100 miles of the
individual's primary residence either will be closed or that
the provision of inpatient hospital services at any such
facility will be discontinued.
``(B) A special enrollment period under this paragraph shall be a
90-day period beginning 45 days before the date of the proposed
hospital closure or service discontinuation described in subparagraph
(A)(ii).
``(3)(A) For purposes of this subsection, if a military hospital is
closed (or inpatient hospital services at a military hospital are
discontinued) under a base closure law, the closure or discontinuation
of services is considered to be `announced' as of the date of the
submission to Congress under the base closure law of a report
recommending the closure of the military base at which the facility is
located.
``(B) If the there is a determination (other than under a base
closure law) that a military hospital in the United States will be
closed or that all inpatient hospital services at a military hospital
will be discontinued, there shall be a public announcement of such
determination at least 60 days before the date of the closure or
discontinuation. Such announcement shall be made through a posting at
the hospital and through other means intended to inform individuals who
are 65 years of age or older and who obtain services through the
hospital.
``(4) For purposes of this subsection:
``(A) The term `base closure law' means any of the
following:
``(i) The Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note).
``(ii) Title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public
Law 100-526; 10 U.S.C. 2687 note).
``(iii) Section 2687 of title 10, United States
Code.
``(iv) Any other similar law enacted after the date
of the enactment of this subsection.
``(B) The term `military hospital' means a hospital that is
a facility of a uniformed service referred to in section
1074(a) of title 10, United States Code.''.
(2) Coverage period for special enrollments.--Section 1838
of such Act (42 U.S.C. 1395q) is amended by adding at the end
the following new subsection:
``(f) Notwithstanding subsection (a), in the case of an individual
who enrolls under this part pursuant to a special enrollment period
provided under section 1837(j), the coverage period shall begin on the
first day of the month that begins at least 15 days after the date of
such enrollment.''.
(b) Waiver of Medicare Part B Late Enrollment Penalty.--Section
1839 of such Act (42 U.S.C. 1395r) is amended by adding at the end the
following new subsection:
``(h) The increase in premiums required under subsection (b) due to
late enrollment under this part shall not apply to an individual who
enrolls under this part pursuant to a special enrollment period
provided under section 1837(j).''.
(c) Medigap Special Open Enrollment Period.--Section 1882 of such
Act (42 U.S.C. 1395ss) is amended by adding at the end the following
new subsection:
``(u) Notwithstanding any other provision of law, an issuer of a
medicare supplemental policy--
``(1) may not deny or condition the issuance or
effectiveness of a medicare supplemental policy, and
``(2) may not discriminate in the pricing of the policy on
the basis of the individual's health status, medical condition
(including both physical and mental illnesses), claims
experience, receipt of health care, medical history, genetic
information, evidence of insurability (including conditions
arising out of acts of domestic violence), or disability;
in the case of an individual described in paragraph (1) or (2) of
section 1839(j) who seeks to enroll during a special enrollment period
provided pursuant to such section.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | Amends title XVIII (Medicare) of the Social Security Act to provide for a special Medicare part B (Supplementary Medical Insurance) enrollment period and Medigap enrollment period and a waiver of the Medicare part B late enrollment penalty for certain military retirees and dependents who live within a certain distance of a military hospital which provided inpatient hospital services that either closed or discontinued the provision of such services. | To amend title XVIII to provide a special Medicare part B enrollment period and MediGap enrollment period and a waiver of the Medicare part B late enrollment penalty for certain military retirees and dependents who live near military hospitals that are closed or that discontinue inpatient hospital services. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Government Spending
Accountability and Oversight Act''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the Federal
Government Spending Accountability and Oversight Commission (in this
Act referred to as the ``Commission'').
SEC. 3. DUTIES OF COMMISSION.
The Commission--
(1) shall conduct a survey on cost control in the Federal
Government;
(2) shall conduct in-depth reviews of the operations of
Executive agencies to evaluate potential improvements in agency
operations; and
(3) shall advise and make recommendations to Congress, the
President, and the heads of Executive agencies with respect to
improving management and reducing costs.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 24
members appointed as follows:
(1) 8 individuals appointed by the President.
(2) 4 individuals appointed by the Speaker of the House of
Representatives.
(3) 4 individuals appointed by the minority leader of the
House of Representatives.
(4) 4 individuals appointed by the majority leader of the
Senate.
(5) 4 individuals appointed by the minority leader of the
Senate.
(b) Qualifications of Members.--
(1) Prohibition on government employees.--Individuals
appointed to the Commission shall not be officers or employees
of a government.
(2) Other qualifications.--Individuals appointed to the
Commission shall possess extensive experience in their
respective fields, and shall be qualified to study government
spending and budget practices.
(3) Political party affiliation.--Not more than 4 members
of the Commission appointed by the President under subsection
(a)(1) shall be from the same political party.
(c) Deadline for Appointment.--Appointments shall be made not later
than 60 days after the date of enactment of this Act.
(d) Continuation of Membership.--If a member is appointed to the
Commission, and later becomes an officer or employee of a government,
that member may continue as a member of the Commission for not longer
than the 30-day period beginning on the date that member becomes such
an officer or employee.
(e) Terms.--
(1) In general.--Each member shall be appointed for the
life of the Commission.
(2) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made not
later than 30 days after the date on which the vacancy occurs.
(f) Basic Pay.--Members shall serve without pay.
(g) Quorum.--13 members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
(h) Chairperson.--The Chairperson of the Commission shall be
elected by the members. The term of office of the Chairperson shall be
the duration of the Commission.
(i) Meetings.--The Commission shall meet not fewer than one time
per month at the call of the Chairperson.
SEC. 5. DIRECTOR AND STAFF OF COMMISSION.
(a) Director.--The Commission shall have a Director who shall be
appointed by the Chairperson. The Director shall be paid at a rate to
be determined by the Commission.
(b) Staff.--With the approval of the Chairperson, the Director may
appoint personnel as the Director considers appropriate. Such personnel
shall be paid at a rate to be determined by the Director, with the
approval of the Chairperson.
SEC. 6. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate.
(b) Powers of Members and Agents.--If authorized by the Commission,
any member or agent of the Commission may take any action that the
Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Chairperson, the head of that department or agency shall furnish to the
Committee, its staff, and the Secretary of Commerce such information,
including information relating to the structure, organization,
personnel, and operations of that department or agency, to the extent
permitted by law.
(d) Contract Authority.--The Commission may contract with and
compensate government and private agencies or persons for supplies or
services, without regard to section 3709 of the Revised Statutes (41
U.S.C. 5).
(e) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devises of services or property,
both real and personal, for the purpose of aiding or facilitating the
work of the Commission. Gifts, bequests, or devises of money and
proceeds from sales of other property received as gifts, bequests, or
devises shall be deposited in the Treasury and shall be available for
disbursement upon order of the Chairperson. For purposes of Federal
income, estate, and gift taxes, property accepted under this subsection
shall be considered as a gift, bequest, or devise to the United States.
SEC. 7. JOINT PROJECTS.
The Secretary of Commerce may engage in joint projects, or perform
services, on matters of mutual interest with the Commission in
accordance with Public Law 91-412 (15 U.S.C. 1525).
SEC. 8. REPORTS.
(a) Preliminary Report.--Not later than 6 months after the date of
enactment of this Act, the Commission shall submit to the President and
Congress a report containing its findings.
(b) Interim Report.--Not later than 12 months after the date of
enactment of this Act, the Commission shall submit to the President and
Congress a report containing its findings.
(c) Final Report.--Not later than 18 months after the date of
enactment of this Act, the Commission shall submit to the President and
Congress a report containing--
(1) the findings and conclusions of the Commission; and
(2) specific recommendations for legislative and
administrative actions determined by the Commission to be
appropriate.
(d) Considerations.--In preparing reports required under this
section, the Commission shall consider the following:
(1) Executive or congressional action that can increase
efficiency and reduce costs in the Federal Government.
(2) Areas where managerial accountability can be enhanced
and administrative control can be improved.
(3) Long and short-term opportunities for managerial
improvement.
(4) Specific areas where potential savings justify further
study.
(5) Information and data relating to governmental
expenditures, indebtedness, and personnel management.
(6) Federal programs that can be terminated because the
objectives of the program have been terminated or are
duplicated by another Federal program.
(7) Federal programs that can be carried out more
efficiently and cost-effectively by the private sector.
SEC. 9. DEFINITION OF EXECUTIVE AGENCY.
In this Act, the term ``Executive agency'' has the meaning given
that term by section 105 of title 5, United States Code.
SEC. 10. FUNDING.
All of the expenses of the Commission shall be paid from non-
Federal sources.
SEC. 11. TERMINATION.
The Commission shall terminate not later than 30 days after the
date of submission of the report required under section 8(c). | Federal Government Spending Accountability and Oversight Act - Establishes the Federal Government Spending Accountability and Oversight Commission to : (1) conduct a survey on cost control in the federal government; (2) conduct in-depth reviews of the operations of Executive agencies to evaluate potential improvements in agency operations; and (3) advise and make recommendations to Congress, the President, and the heads of Executive agencies with respect to improving management and reducing costs. | To establish a commission to review Federal Government administration and spending practices. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Automobile National Heritage Area
Act of 1998''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the industrial, cultural, and natural heritage legacies
of Michigan's automobile industry are nationally significant;
(2) in the areas of Michigan including and in proximity to
Detroit, Dearborn, Flint, and Lansing, the design and
manufacture of the automobile helped establish and expand the
United States industrial power;
(3) the industrial strength of automobile manufacturing was
vital to defending freedom and democracy in 2 world wars and
played a defining role in American victories;
(4) the economic strength of our Nation is connected
integrally to the vitality of the automobile industry, which
employs millions of workers and upon which 1 out of 7 United
States jobs depends;
(5) the industrial and cultural heritage of the automobile
industry in Michigan includes the social history and living
cultural traditions of several generations;
(6) the United Auto Workers and other unions played a
significant role in the history and progress of the labor
movement and the automobile industry;
(7) the Department of the Interior is responsible for
protecting and interpreting the Nation's cultural and historic
resources, and there are significant examples of these
resources within Michigan to merit the involvement of the
Federal Government to develop programs and projects in
cooperation with the Automobile National Heritage Area
Partnership, Incorporated, the State of Michigan, and other
local and governmental bodies, to adequately conserve, protect,
and interpret this heritage for the educational and
recreational benefit of this and future generations of
Americans;
(8) the Automobile National Heritage Area Partnership,
Incorporated would be an appropriate entity to oversee the
development of the Automobile National Heritage Area; and
(9) 2 local studies, ``A Shared Vision for Metropolitan
Detroit'' and ``The Machine That Changed the World'', and a
National Park Service study, ``Labor History Theme Study: Phase
III; Suitability-Feasibility'', demonstrated that sufficient
historical resources exist to establish the Automobile National
Heritage Area.
(b) Purpose.--The purpose of this Act is to establish the
Automobile National Heritage Area to--
(1) foster a close working relationship with all levels of
government, the private sector, and the local communities in
Michigan and empower communities in Michigan to conserve their
automotive heritage while strengthening future economic
opportunities; and
(2) conserve, interpret, and develop the historical,
cultural, natural, and recreational resources related to the
industrial and cultural heritage of the Automobile National
Heritage Area.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Board.--The term ``Board'' means the Board of Directors
of the Partnership.
(2) Heritage area.--The term ``Heritage Area'' means the
Automobile National Heritage Area established by section 4.
(3) Partnership.--The term ``Partnership'' means the
Automobile National Heritage Area Partnership, Incorporated (a
nonprofit corporation established under the laws of the State
of Michigan).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. AUTOMOBILE NATIONAL HERITAGE AREA.
(a) Establishment.--There is established in the State of Michigan
the Automobile National Heritage Area.
(b) Boundaries.--
(1) In general.--Subject to paragraph (2), the boundaries
of the Heritage Area shall include lands in Michigan that are
related to the following corridors:
(A) The Rouge River Corridor.
(B) The Detroit River Corridor.
(C) The Woodward Avenue Corridor.
(D) The Lansing Corridor.
(E) The Flint Corridor.
(F) The Sauk Trail/Chicago Road Corridor.
(2) Specific boundaries.--The specific boundaries of the
Heritage Area shall be those specified in the management plan
approved under section 6.
(3) Map.--The Secretary shall prepare a map of the Heritage
Area which shall be on file and available for public inspection
in the office of the Director of the National Park Service.
(4) Consent of local governments.--(A) The Partnership
shall provide to the government of each city, village, and
township that has jurisdiction over property proposed to be
included in the Heritage Area written notice of that proposal.
(B) Property may not be included in the Heritage Area if--
(i) the Partnership fails to give notice of the
inclusion in accordance with subparagraph (A);
(ii) any local government to which the notice is
required to be provided objects to the inclusion, in
writing to the Partnership, by not later than the end
of the period provided pursuant to clause (iii); or
(iii) fails to provide a period of at least 60 days
for objection under clause (ii).
(c) Administration.--The Heritage Area shall be administered in
accordance with this Act.
(d) Additions and Deletions of Lands.--The Secretary may add or
remove lands to or from the Heritage Area in response to a request from
the Partnership.
SEC. 5. DESIGNATION OF PARTNERSHIP AS MANAGEMENT ENTITY.
(a) In General.--The Partnership shall be the management entity for
the Heritage Area.
(b) Federal Funding.--
(1) Authorization to receive funds.--The Partnership may
receive amounts appropriated to carry out this Act.
(2) Disqualification.--If a management plan for the Area is
not submitted to the Secretary as required under section 6
within the time specified in that section, the Partnership
shall cease to be authorized to receive Federal funding under
this Act until such a plan is submitted to the Secretary.
(c) Authorities of Partnership.--The Partnership may, for purposes
of preparing and implementing the management plan for the Area, use
Federal funds made available under this Act--
(1) to make grants and loans to the State of Michigan, its
political subdivisions, nonprofit organizations, and other
persons;
(2) to enter into cooperative agreements with or provide
technical assistance to Federal agencies, the State of
Michigan, its political subdivisions, nonprofit organizations,
and other persons;
(3) to hire and compensate staff;
(4) to obtain money from any source under any program or
law requiring the recipient of such money to make a
contribution in order to receive such money; and
(5) to contract for goods and services.
(d) Prohibition of Acquisition of Real Property.--The Partnership
may not use Federal funds received under this Act to acquire real
property or any interest in real property.
SEC. 6. MANAGEMENT DUTIES OF THE AUTOMOBILE NATIONAL HERITAGE AREA
PARTNERSHIP.
(a) Heritage Area Management Plan.--
(1) Submission for review by secretary.--The Board of
Directors of the Partnership shall, within 3 years after the
date of enactment of this Act, develop and submit for review to
the Secretary a management plan for the Area.
(2) Plan requirements, generally.--A management plan
submitted under this section shall--
(A) present comprehensive recommendations for the
conservation, funding, management, and development of
the Heritage Area;
(B) be prepared with public participation;
(C) take into consideration existing Federal,
State, county, and local plans and involve residents,
public agencies, and private organizations in the
Heritage Area;
(D) include a description of actions that units of
government and private organizations are recommended to
take to protect the resources of the Heritage Area; and
(E) specify existing and potential sources of
Federal and non-Federal funding for the conservation,
management, and development of the Heritage Area.
(3) Additional plan requirements.--The management plan also
shall include the following, as appropriate:
(A) An inventory of resources contained in the
Heritage Area, including a list of property in the
Heritage Area that should be conserved, restored,
managed, developed, or maintained because of the
natural, cultural, or historic significance of the
property as it relates to the themes of the Heritage
Area. The inventory may not include any property that
is privately owned unless the owner of the property
consents in writing to that inclusion.
(B) A recommendation of policies for resource
management that consider and detail the application of
appropriate land and water management techniques,
including (but not limited to) the development of
intergovernmental cooperative agreements to manage the
historical, cultural, and natural resources and
recreational opportunities of the Heritage Area in a
manner consistent with the support of appropriate and
compatible economic viability.
(C) A program for implementation of the management
plan, including plans for restoration and construction
and a description of any commitments that have been
made by persons interested in management of the
Heritage Area.
(D) An analysis of means by which Federal, State,
and local programs may best be coordinated to promote
the purposes of this Act.
(E) An interpretive plan for the Heritage Area.
(4) Approval and disapproval of the management plan.--
(A) In general.--Not later than 60 days after
submission of the Heritage Area management plan by the
Board, the Secretary shall approve or disapprove the
plan. If the Secretary has taken no action after 60
days, the plan shall be considered approved.
(B) Disapproval and revisions.--If the Secretary
disapproves the management plan, the Secretary shall
advise the Board, in writing, of the reasons for the
disapproval and shall make recommendations for revision
of the plan. The Secretary shall approve or disapprove
proposed revisions to the plan not later than 60 days
after receipt of such revisions from the Board. If the Secretary has
taken no action for 60 days after receipt, the plan and revisions shall
be considered approved.
(b) Priorities.--The Partnership shall give priority to the
implementation of actions, goals, and policies set forth in the
management plan for the Heritage Area, including--
(1) assisting units of government, regional planning
organizations, and nonprofit organizations--
(A) in conserving the Heritage Area;
(B) in establishing and maintaining interpretive
exhibits in the Heritage Area;
(C) in developing recreational opportunities in the
Heritage Area;
(D) in increasing public awareness of and
appreciation for the natural, historical, and cultural
resources of the Heritage Area;
(E) in the restoration of historic buildings that
are located within the boundaries of the Heritage Area
and related to the theme of the Heritage Area; and
(F) in ensuring that clear, consistent, and
environmentally appropriate signs identifying access
points and sites of interest are put in place
throughout the Heritage Area; and
(2) consistent with the goals of the management plan,
encouraging economic viability in the affected communities by
appropriate means.
(c) Consideration of Interests of Local Groups.--The Partnership
shall, in preparing and implementing the management plan for the
Heritage Area, consider the interest of diverse units of government,
businesses, private property owners, and nonprofit groups within the
Heritage Area.
(d) Public Meetings.--The Partnership shall conduct public meetings
at least annually regarding the implementation of the Heritage Area
management plan.
(e) Annual Reports.--The Partnership shall, for any fiscal year in
which it receives Federal funds under this Act or in which a loan made
by the Partnership with Federal funds under section 5(c)(1) is
outstanding, submit an annual report to the Secretary setting forth its
accomplishments, its expenses and income, and the entities to which it
made any loans and grants during the year for which the report is made.
(f) Cooperation With Audits.--The Partnership shall, for any fiscal
year in which it receives Federal funds under this Act or in which a
loan made by the Partnership with Federal funds under section 5(c)(1)
is outstanding, make available for audit by the Congress, the
Secretary, and appropriate units of government all records and other
information pertaining to the expenditure of such funds and any
matching funds, and require, for all agreements authorizing expenditure
of Federal funds by other organizations, that the receiving
organizations make available for such audit all records and other
information pertaining to the expenditure of such funds.
(g) Delegation.--The Partnership may delegate the responsibilities
and actions under this section for each corridor identified in section
4(b)(1). All delegated actions are subject to review and approval by
the Partnership.
SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Technical Assistance and Grants.--
(1) In general.--The Secretary may provide technical
assistance and, subject to the availability of appropriations,
grants to units of government, nonprofit organizations, and
other persons upon request of the Partnership, and to the
Partnership, regarding the management plan and its
implementation.
(2) Prohibition of certain requirements.--The Secretary may
not, as a condition of the award of technical assistance or
grants under this section, require any recipient of such
technical assistance or a grant to enact or modify land use
restrictions.
(3) Determinations regarding assistance.--The Secretary
shall decide if a person shall be awarded technical assistance
or grants and the amount of that assistance. Such decisions
shall be based on the relative degree to which the Heritage
Area effectively fulfills the objectives contained in the
Heritage Area management plan and achieves the purposes of this
Act. Such decisions shall give consideration to projects which
provide a greater leverage of Federal funds.
(b) Provision of Information.--In cooperation with other Federal
agencies, the Secretary shall provide the general public with
information regarding the location and character of the Heritage Area.
(c) Other Assistance.--The Secretary may enter into cooperative
agreements with public and private organizations for the purposes of
implementing this subsection.
(d) Duties of Other Federal Agencies.--Any Federal entity
conducting any activity directly affecting the Heritage Area shall
consider the potential effect of the activity on the Heritage Area
management plan and shall consult with the Partnership with respect to
the activity to minimize the adverse effects of the activity on the
Heritage Area.
SEC. 8. LACK OF EFFECT ON LAND USE REGULATION AND PRIVATE PROPERTY.
(a) Lack of Effect on Authority of Local Government.--Nothing in
this Act shall be construed to modify, enlarge, or diminish any
authority of Federal, State, or local governments to regulate any use
of land under any other law or regulation.
(b) Lack of Zoning or Land Use Powers.--Nothing in this Act shall
be construed to grant powers of zoning or land use control to the
Partnership.
(c) Local Authority and Private Property Not Affected.--Nothing in
this Act shall be construed to affect or to authorize the Partnership
to interfere with--
(1) the rights of any person with respect to private
property; or
(2) any local zoning ordinance or land use plan of the
State of Michigan or a political subdivision thereof.
SEC. 9. SUNSET.
The Secretary may not make any grant or provide any assistance
under this Act after September 30, 2014.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated under this
Act not more than $1,000,000 for any fiscal year. Not more than a total
of $10,000,000 may be appropriated for the Heritage Area under this
Act.
(b) 50 Percent Match.--Federal funding provided under this Act,
after the designation of the Heritage Area, may not exceed 50 percent
of the total cost of any activity carried out with any financial
assistance or grant provided under this Act. | Automobile National Heritage Area Act of 1998 - Establishes the Automobile National Heritage Area in the State of Michigan.
Authorizes the Secretary of the Interior to add or remove lands from the Area in response to a request from the Automobile National Heritage Area Partnership, Inc. (a nonprofit corporation established under Michigan laws).
Designates the Partnership as the management entity for the Area and authorizes it to receive amounts appropriated to carry out this Act. Provides that if a management plan for the Area is not submitted to the Secretary within the time specified in this Act, the Partnership shall cease to be authorized to receive Federal funding until such a plan is submitted. Sets forth authorized uses of, and a limitation on, such funds by the Partnership.
Requires the Board of Directors of the Partnership to develop and submit to the Secretary a management plan for the Area for review and approval.
Authorizes the Secretary to provide technical assistance and, subject to the availability of appropriations, grants to government units, nonprofit organizations, and other persons upon request of the Partnership, and to the Partnership, regarding the management plan and its implementation.
Prohibits the Secretary, as a condition of the award of technical assistance or grants, from requiring any recipient of such technical assistance or a grant to enact or modify land use restrictions.
Declares that nothing in this Act shall be construed to: (1) modify, enlarge, or diminish any authority of Federal, State, or local governments to regulate any use of land under any other law or regulation; (2) grant powers of zoning or land use control to the Partnership; or (3) affect or to authorize the Partnership to interfere with the rights of any person with respect to private property or any local zoning ordinance or land use plan of the State of Michigan or a political subdivision thereof.
Prohibits the Secretary from making any grant or providing any assistance under this Act after September 30, 2014.
Authorizes appropriations. Limits Federal funding to 50 percent of the total cost of any activity carried out with any financial assistance or grant provided under this Act. | Automobile National Heritage Area Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Beneficiary Access to
Quality Nursing Home Care Act of 1999''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Beneficiaries under the Medicare Program under title
XVIII of the Social Security Act are experiencing decreased
access to skilled nursing facility services due to inadequate
reimbursement under the prospective payment system for such
services under section 1888(e) of such Act.
(2) Such inadequate reimbursement may force skilled nursing
facilities to file for bankruptcy and close their doors,
resulting in reduced access to skilled nursing facility
services for Medicare beneficiaries.
(3) The methodology under the prospective payment system
for skilled nursing facility services has made it more
difficult for Medicare beneficiaries to find nursing home care.
Some beneficiaries are remaining in hospitals for extended
stays due to reduced access to nursing homes. Others are placed
in nursing homes that are hours away from family and friends.
(4) The Health Care Financing Administration has indicated
that the prospective payment system for skilled nursing
facility services does not accurately account for the costs
associated with providing medically complex care (non-therapy
ancillary services and supplies). Due to Year 2000 problems,
the Health Care Financing Administration claims that it will be
unable to properly account for such costs under such system.
(5) The Medicare Payment Advisory Commission (MedPAC) has
indicated that payments to skilled nursing facilities under the
Medicare Program may not be adequate for beneficiaries who need
relatively high levels of non-therapy ancillary services and
supplies. According to MedPAC, such inadequate funding could
result in access problems for beneficiaries with medically
complex conditions.
(6) In order to provide adequate payment under the
prospective payment system for skilled nursing facility
services, such system must take into account the costs
associated with providing 1 or more of the following services:
(A) Ventilator care.
(B) Tracheostomy care.
(C) Care for pressure ulcers.
(D) Care associated with individuals that have
experienced a stroke or a hip fracture.
(E) Care for non-vent, non-trach pneumonia.
(F) Dialysis.
(G) Infusion therapy.
(H) Deep vein thrombosis.
(I) Care associated with individuals with transient
peripheral neuropathy, a chronic obstructive pulmonary
disease, congestive heart failure, diabetes, a wound
infection, a respiratory infection, sepsis,
tuberculosis, HIV, or cancer.
(7) A temporary legislative solution is necessary in order
to ensure that Medicare beneficiaries with complex conditions
continue to receive access to appropriate skilled nursing
facility services.
(8) The skilled nursing facility market basket increase
over the last 3 years evidences a critical payment gap that
exists between the actual cost of providing services to
Medicare beneficiaries residing in a skilled nursing facility
and the reimbursement levels for such services under the
prospective payment system. In addition, the Health Care
Financing Administration, in establishing the skilled nursing
facility market basket index under section 1888(e)(5)(A) of the
Social Security Act only accounted for the cost of goods, but
not for the cost of services, as such section requires.
SEC. 3. MODIFICATION OF CASE MIX CATEGORIES FOR CERTAIN CONDITIONS.
(a) In General.--For purposes of applying any formula under
paragraph (1) of section 1888(e) of the Social Security Act (42 U.S.C.
1395yy(e)), for services provided on or after October 1, 1999, and
before the earlier of October 1, 2001, or the date described in
subsection (c), the Secretary of Health and Human Services shall
increase the adjusted Federal per diem rate otherwise determined under
paragraph (4) of such section for services provided to any individual
during the period in which such individual is in a RUGS III category by
the applicable payment add-on as determined in accordance with the
following table:
RUGS III Category Applicable Payment Add-On
RUC........................................... $73.57
RUB........................................... $23.06
RUA........................................... $17.04
RVC........................................... $76.25
RVB........................................... $30.36
RVA........................................... $20.93
RHC........................................... $54.07
RHB........................................... $27.28
RHA........................................... $25.07
RMC........................................... $69.98
RMB........................................... $30.09
RMA........................................... $24.24
SE3........................................... $98.41
SE2........................................... $89.05
CA1........................................... $27.02.
(b) Update.--The Secretary shall update the applicable payment add-
on under subsection (a) for fiscal year 2001 by the skilled nursing
facility market basket percentage change (as defined under section
1888(e)(5)(B) of the Social Security Act (42 U.S.C. 1395yy(e)(5)(B)))
applicable to such fiscal year.
(c) Date Described.--The date described in this subsection is the
date that the Secretary of Health and Human Services implements a case
mix methodology under section 1888(e)(4)(G)(i) of the Social Security
Act (42 U.S.C. 1395yy(e)(4)(G)(i)) that takes into account adjustments
for the provision of non-therapy ancillary services and supplies such
as drugs and respiratory therapy.
SEC. 4. MODIFICATION TO THE SNF UPDATE TO FIRST COST REPORTING PERIOD.
(a) In General.--Section 1888(e) of the Social Security Act (42
U.S.C. 1395yy(e)) is amended--
(1) in paragraph (3)(B)(i), by striking ``minus 1
percentage point''; and
(2) in paragraph (4)(B), by striking ``reduced (on an
annualized basis) by 1 percentage point''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to services provided on or after October 1, 1999. | Directs the Secretary of Health and Human Services to increase the adjusted Federal per diem rate otherwise determined for services provided to any individual during the period in which such individual is in a Nursing Home Case-Mix and Quality Demonstration resource utilization group (RUGS III) category of care, by the applicable payment add-on (updated for FY 2001 by the applicable SNF market basket percentage change), according to a specified table of such categories (especially for high-acuity and medically complex patients). Limits the application of this Act to services provided on or after October 1, 1999, and before the earlier of October 1, 2001, or the date on which the Secretary implements a case-mix methodology that takes into account adjustments for the provision of non-therapy ancillary services and supplies such as drugs and respiratory therapy.
Amends title XVIII (Medicare) of the Social Security Act to revise the formula for facility specific per diem rates with respect to the market basket update (inflation adjuster) to repeal the mandatory annualized one percent reduction in basket amount. | Medicare Beneficiary Access to Quality Nursing Home Care Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Social Security Earnings Test Repeal Act
of 2003''.
SEC. 2. REPEAL OF PROVISIONS RELATING TO DEDUCTIONS ON ACCOUNT OF WORK.
(a) In General.--Subsections (b), (c)(1), (d), (f), (h), (j), and
(k) of section 203 of the Social Security Act (42 U.S.C. 403) are
repealed.
(b) Conforming Amendments.--Section 203 of such Act (as amended by
subsection (a)) is further amended--
(1) in subsection (c), by redesignating such subsection as
subsection (b), and--
(A) by striking ``Noncovered Work Outside the
United States or'' in the heading;
(B) by redesignating paragraphs (2), (3), and (4)
as paragraphs (1), (2), and (3), respectively;
(C) by striking ``For purposes of paragraphs (2),
(3), and (4)'' and inserting ``For purposes of
paragraphs (1), (2), and (3)''; and
(D) by striking the last sentence;
(2) in subsection (e), by redesignating such subsection as
subsection (c), and by striking ``subsections (c) and (d)'' and
inserting ``subsection (b)'';
(3) in subsection (g), by redesignating such subsection as
subsection (d), and by striking ``subsection (c)'' each place
it appears and inserting ``subsection (b)''; and
(4) in subsection (l), by redesignating such subsection as
subsection (e), and by striking ``subsection (g) or (h)(1)(A)''
and inserting ``subsection (d)''.
SEC. 3. ADDITIONAL CONFORMING AMENDMENTS.
(a) Provisions Relating to Benefits Terminated Upon Deportation.--
Section 202(n)(1) of the Social Security Act (42 U.S.C. 402(n)(1)) is
amended by striking ``Section 203 (b), (c), and (d)'' and inserting
``Section 203(b)''.
(b) Provisions Relating to Exemptions From Reductions Based on
Early Retirement.--
(1) Section 202(q)(5)(B) of such Act (42 U.S.C.
402(q)(5)(B)) is amended by striking ``section 203(c)(2)'' and
inserting ``section 203(b)(1)''.
(2) Section 202(q)(7)(A) of such Act (42 U.S.C.
402(q)(7)(A)) is amended by striking ``deductions under section
203(b), 203(c)(1), 203(d)(1), or 222(b)'' and inserting
``deductions on account of work under section 203 or deductions
under section 222(b)''.
(c) Provisions Relating to Exemptions From Reductions Based on
Disregard of Certain Entitlements to Child's Insurance Benefits.--
(1) Section 202(s)(1) of such Act (42 U.S.C. 402(s)(1)) is
amended by striking ``paragraphs (2), (3), and (4) of section
203(c)'' and inserting ``paragraphs (1), (2), and (3) of
section 203(b)''.
(2) Section 202(s)(3) of such Act (42 U.S.C. 402(s)(3)) is
amended by striking ``The last sentence of subsection (c) of
section 203, subsection (f)(1)(C) of section 203, and
subsections'' and inserting ``Subsections''.
(d) Provisions Relating to Suspension of Aliens' Benefits.--Section
202(t)(7) of such Act (42 U.S.C. 402(t)(7)) is amended by striking
``Subsections (b), (c), and (d)'' and inserting ``Subsection (b)''.
(e) Provisions Relating to Reductions in Benefits Based on Maximum
Benefits.--Section 203(a)(3)(B)(iii) of such Act (42 U.S.C.
403(a)(3)(B)(iii)) is amended by striking ``and subsections (b), (c),
and (d)'' and inserting ``and subsection (b)''.
(f) Provisions Relating to Penalties for Misrepresentations
Concerning Earnings for Periods Subject to Deductions on Account of
Work.--Section 208(a)(1)(C) of such Act (42 U.S.C. 408(a)(1)(C)) is
amended by striking ``under section 203(f) of this title for purposes
of deductions from benefits'' and inserting ``under section 203 for
purposes of deductions from benefits on account of work''.
(g) Provisions Taking Into Account Earnings in Determining Benefit
Computation Years.--Clause (I) in the next to last sentence of section
215(b)(2)(A) of such Act (42 U.S.C. 415(b)(2)(A)) is amended by
striking ``no earnings as described in section 203(f)(5) in such year''
and inserting ``no wages, and no net earnings from self-employment (in
excess of net loss from self-employment), in such year''.
(h) Provisions Relating to Rounding of Benefits.--Section 215(g) of
such Act (42 U.S.C. 415(g)) is amended by striking ``and any deduction
under section 203(b)''.
(i) Provisions Relating to Earnings Taken Into Account in
Determining Substantial Gainful Activity of Blind Individuals.--The
second sentence of section 223(d)(4)(A) of such Act (42 U.S.C.
423(d)(4)(A)) is amended by striking ``if section 102 of the Senior
Citizens' Right to Work Act of 1996 had not been enacted'' and
inserting the following: ``if the amendments to section 203 made by
section 102 of the Senior Citizens' Right to Work Act of 1996 and by
the Social Security Earnings Test Repeal Act of 2003 had not been
enacted''.
(j) Provisions Defining Income for Purposes of SSI.--Section
1612(a) of such Act (42 U.S.C. 1382a(a)) is amended--
(1) by striking ``as determined under section
203(f)(5)(C)'' in paragraph (1)(A) and inserting ``as defined
in the last two sentences of this subsection''; and
(2) by adding at the end (after and below paragraph (2)(G))
the following new sentences:
``For purposes of paragraph (1)(A), the term `wages' means wages as
defined in section 209, but computed without regard to the limitations
as to amounts of remuneration specified in paragraphs (1), (6)(B),
(6)(C), (7)(B), and (8) of section 209(a). In making the computation
under the preceding sentence, (A) services which do not constitute
employment as defined in section 210, performed within the United
States by an individual as an employee or performed outside the United
States in the active military or naval services of the United States,
shall be deemed to be employment as so defined if the remuneration for
such services is not includible in computing the individual's net
earnings or net loss from self-employment for purposes of title II, and
(B) the term `wages' shall be deemed not to include (i) the amount of
any payment made to, or on behalf of, an employee or any of his or her
dependents (including any amount paid by an employer for insurance or
annuities, or into a fund, to provide for any such payment) on account
of retirement, or (ii) any payment or series of payments by an employer
to an employee or any of his or her dependents upon or after the
termination of the employee's employment relationship because of
retirement after attaining an age specified in a plan referred to in
section 209(a)(11)(B) or in a pension plan of the employer.''.
(k) Repeal of Deductions on Account of Work Under the Railroad
Retirement Program.--
(1) In general.--Section 2 of the Railroad Retirement Act
of 1974 (45 U.S.C. 231a) is amended--
(A) by striking subsections (f); and
(B) by striking subsection (g)(2) and by
redesignating subsection (g)(1) as subsection (g).
(2) Conforming amendments.--
(A) Section 3(f)(1) of such Act (45 U.S.C.
231b(f)(1)) is amended in the first sentence by
striking ``before any reductions under the provisions
of section 2(f) of this Act,''.
(B) Section 4(g)(2) of such Act (45 U.S.C.
231c(g)(2)) is amended--
(i) in clause (i), by striking ``shall,
before any deductions under section 2(g) of
this Act,'' and inserting ``shall''; and
(ii) in clause (ii), by striking ``any
deductions under section 2(g) of this Act and
before''.
SEC. 4. EFFECTIVE DATE.
The amendments and repeals made by this Act shall apply with
respect to taxable years ending on or after the date of the enactment
of this Act. | Social Security Earnings Test Repeal Act of 2003 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to remove the limitation on the amount of outside income which a beneficiary may earn (earnings test) without incurring a reduction in benefits. | To amend title II of the Social Security Act to remove the limitation upon the amount of outside income which an individual may earn while receiving benefits under such title, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Raise And Index to Sustainably and
Efficiently Invest in Transportation Act of 2017'' or the ``RAISE IT
Act''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--The Congress finds the following:
(1) Since the passage of SAFETEA-LU, Congress has
transferred over $140 billion from the General Fund to the
Highway Trust Fund, in order to maintain solvency.
(2) The Congressional Budget Office estimates after the end
of Fiscal year 2021, annual General Fund transfers of over $20
billion will be necessary in order to maintain current Highway
Trust Fund spending levels.
(3) The American Society for Civil Engineers estimates that
in order to meet our economic and transportation needs, the
United States should invest an additional $1.1 trillion in our
surface transportation system by 2025.
(4) The National Commission on Fiscal Reform and
Responsibility report, often referred to as the ``Simpson-
Bowles'' plan, includes a recommendation to raise the gas tax
by fifteen cents.
(5) The National Surface Transportation Infrastructure
Financing Commission recommended, in their 2009 report, that
Congress take action to prevent the Highway Trust Fund from
becoming insolvent, and to avoid any reductions in
infrastructure spending. The Commission also noted that a
Federal funding system based on a vehicle miles traveled
system, is the consensus choice for the future.
(6) Nine different states raised gas taxes to generate
transportation revenue in 2015 and 2016.
(b) Sense of Congress Regarding Replacement of Gas Tax.--It is the
sense of Congress that by 2027 the gas tax should be repealed and
replaced with a more sustainable, stable funding source.
SEC. 3. TAX ON MOTOR FUELS.
(a) Gasoline Other Than Aviation Gasoline.--Section
4081(a)(2)(A)(i) of the Internal Revenue Code of 1986 is amended to
read as follows:
``(i) in the case of gasoline other than
aviation gasoline--
``(I) for tax imposed before 2018,
18.3 cents per gallon,
``(II) for tax imposed during 2018,
26.3 cents per gallon,
``(III) for tax imposed during
2019, 30.3 cents per gallon, and
``(IV) for tax imposed after 2019
and before 2030, 33.3 cents per
gallon,''.
(b) Diesel Fuel or Kerosene.--Section 4081(a)(2)(A)(iii) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(iii) in the case of diesel fuel or
kerosene--
``(I) for tax imposed before 2018,
24.3 cents per gallon,
``(II) for tax imposed during 2018,
32.3 cents per gallon,
``(III) for tax imposed during
2019, 36.3 cents per gallon, and
``(IV) for tax imposed after 2019
and before 2029, 39.3 cents per
gallon,''.
(c) Increase for Inflation.--Paragraph (2) of section 4081(a) of
such Code is amended by adding at the end the following:
``(E) Adjustment for inflation.--In the case of any
calendar year beginning after 2019, the rates of tax
contained in clauses (i)(IV) and (iii)(IV) of
subparagraph (A) shall each be increased by an amount
equal to--
``(i) such rate, multiplied by
``(ii) the cost of living adjustment
determined under section 1(f)(3) for the
calendar year, determined by substituting
`calendar year 2018' for `calendar year 1992'
in subparagraph (B) thereof.
Any increase under the preceding sentence shall be
rounded to the nearest 0.1 cents.''.
(d) Diesel-Water Fuel Emulsion.--Section 4081(a)(2)(D) of the
Internal Revenue Code of 1986 is amended by striking ``19.7 cents'' for
``24.3 cents'' and inserting ``a rate equal to 71 percent of the rate
in effect under subparagraph (A) (without regard to this
subparagraph)''.
(e) Termination.--Section 4081(d)(1) of the Internal Revenue Code
of 1986 is amended by striking ``September 30, 2022'' and inserting
``December 31, 2028''.
(f) Allocation in Accounts in Highway Trust Fund.--
(1) In general.--Section 9503(e)(2)(A) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(A) except as otherwise provided in this
sentence--
``(i) 2.86 cents per gallon with respect to
taxes imposed during calendar year 2017,
``(ii) 3.86 cents per gallon with respect
to taxes imposed during calendar year 2018,
``(iii) 4.86 cents per gallon with respect
to taxes imposed during calendar year 2019, and
``(iv) 5.86 cents per gallon with respect
to taxes imposed after calendar year 2019,''.
(2) Adjustment for inflation.--Section 9503(e) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(6) Adjustment for inflation.--In the case of any
calendar year beginning after 2019, the rate of tax contained
in paragraph (2)(A)(iv) shall be increased by an amount equal
to--
``(A) such rate, multiplied by
``(B) the cost of living adjustment determined
under section 1(f)(3) for the calendar year, determined
by substituting `calendar year 2018' for `calendar year
1992' in subparagraph (B) thereof.
Any increase under the preceding sentence shall be rounded to
the nearest 0.1 cents.''.
(g) Effective Date.--The amendments made by this section shall
apply to fuels or liquids removed, entered, or sold after December 31,
2017.
SEC. 4. FLOOR STOCKS TAX.
(a) Imposition of Tax.--In the case of any taxable liquid which is
held on the floor stocks tax date by any person, there is hereby
imposed a floor stocks tax equal to the excess of the tax which would
be imposed on such liquid under section 4041 or 4081 of the Internal
Revenue Code of 1986 had the taxable event occurred on the floor stocks
tax date over the tax paid under any such section on such liquid.
(b) Liability for Tax and Method of Payment.--
(1) Liability for tax.--A person holding a liquid on the
floor stocks tax date to which the tax imposed by subsection
(a) applies shall be liable for such tax.
(2) Method of payment.--The tax imposed by subsection (a)
shall be paid in such manner as the Secretary shall prescribe.
(3) Time of payment.--The tax imposed by subsection (a)
shall be paid on or before the date which is 6 months after the
floor stocks tax date.
(c) Definitions.--For purposes of this section--
(1) Held by a person.--A liquid shall be considered as held
by a person if title thereto has passed to such person (whether
or not delivery to the person has been made).
(2) Taxable liquid.--The term ``taxable liquid'' means
diesel fuel and kerosene (other than aviation-grade kerosene).
(3) Floor stocks date.--The term ``floor stocks tax date''
means any January 1 of any calendar year beginning after the
date of the enactment of this Act on which a rate of tax under
section 4041 or 4081 of such Code increases pursuant to an
amendment made by section 2.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(d) Exception for Exempt Uses.--The tax imposed by subsection (a)
shall not apply to taxable liquid held by any person exclusively for
any use to the extent a credit or refund of the tax imposed by a
section of such Code is allowable for such use.
(e) Exception for Fuel Held in Vehicle Tank.--No tax shall be
imposed by subsection (a) on taxable liquid held in the tank of a motor
vehicle or motorboat.
(f) Exception for Certain Amounts of Fuel.--
(1) In general.--No tax shall be imposed by subsection (A)
on any liquid held on the floor stocks tax date by any person
if the aggregate amount of liquid held by such person on such
date does not exceed 2,000 gallons. The preceding sentence
shall apply only if such person submits to the Secretary (at
the time and in the manner required by the Secretary) such
information as the Secretary shall require for purposes of this
paragraph.
(2) Exempt fuel.--For purposes of paragraph (1), there
shall not be taken into account fuel held by any person which
is exempt from the tax imposed by subsection (a) by reason of
subsection (d) or (e).
(3) Controlled groups.--For purposes of this section--
(A) Corporations.--
(i) In general.--All persons treated as a
controlled group shall be treated as 1 person.
(ii) Controlled group.--The term
``controlled group'' has the meaning given to
such term by subsection (a) of section 1563 of
such Code; except that for such purposes the
phrase ``more than 50 percent'' shall be
substituted for the phrase ``at least 80
percent'' each place it appears in such
subsection.
(B) Nonincorporated persons under common control.--
Under regulations prescribed by the Secretary,
principles similar to the principles of clause (i)
shall apply to a group of persons under common control
where one or more of such persons is not a corporation.
(g) Other Laws Applicable.--All provisions of law, including
penalties, applicable with respect to the taxes imposed by chapter 31
or 32 of such Code shall, insofar as applicable and not inconsistent
with the provisions of this section, apply with respect to the floor
stock taxes imposed by subsection (a) to the same extent as if such
taxes were imposed by such chapter. | Raise And Index to Sustainably and Efficiently Invest in Transportation Act of 2017 or the RAISE IT Act This bill expresses the sense of Congress that by 2027 the gas tax should be repealed and replaced with a more sustainable, stable funding source. The bill amends the Internal Revenue Code, with respect to the excise tax on motor fuels, to increase the rate of tax on: gasoline other than aviation gasoline to 26.3 cents per gallon in 2018, 30.3 cents per gallon in 2019, and 33.3 cents per gallon after 2019 and before 2030; diesel fuel or kerosene to 32.3 cents per gallon in 2018, 36.3 cents per gallon in 2019, and 39.3 cents per gallon after 2019 and before 2029; and diesel-water fuel emulsion. The bill delays the termination of such increased rates from the end of FY2022 to December 31, 2028, and requires an adjustment for inflation to such increased rates beginning after 2019. It also: (1) increases allocations in the Mass Transit Account of the Highway Trust Fund in 2018, 2019, and after 2019; and (2) imposes a floor stocks tax on rate increases for gasoline, diesel fuel, and kerosene (other than aviation-grade kerosene), subject to specified exemptions for exempt uses and low-volume producers. | Raise And Index to Sustainably and Efficiently Invest in Transportation Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Public Telecommunications
Infrastructure Act of 1994''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States Government has consistently
encouraged the development and dissemination of public
telecommunications services in broadcast and nonbroadcast
technologies through, among other things, the Public
Broadcasting Act of 1967, the Public Telecommunications
Financing Act of 1978, and the Public Telecommunications Act of
1992, wherein Congress found that ``it is in the public
interest for the Federal Government to ensure that all citizens
of the United States have access to public telecommunications
services through all appropriate available telecommunications
distribution technologies. . . ''.
(2) The Government has a compelling interest in ensuring
that all citizens of the United States have access to
noncommercial governmental, educational, informational,
cultural, civic, and charitable services through all
appropriate telecommunications networks.
(3) New telecommunications technologies will enhance the
ability of schools, libraries, local governments, public
broadcast institutions, and nonprofit organizations to deliver
and receive noncommercial governmental, educational,
informational, cultural, civic, and charitable services
throughout the United States.
(4) It is in the public interest that these entities be
granted access to capacity on telecommunications networks for
the purpose of disseminating and receiving noncommercial
governmental, educational, informational, cultural, civic, and
charitable services throughout the United States.
(5) It is necessary and appropriate that these entities
have access, without charge, to the capacity on
telecommunications networks to enable the public to have
affordable access to the governmental, educational,
informational, cultural, civic, and charitable services
provided by such entities.
(6) Telecommunications services, including cable television
programming, basic telephone service, and telecommunications
services not yet available, are likely to become an
increasingly pervasive presence in the lives of all Americans.
(7) Most Americans are currently served by
telecommunications networks that lack sufficiently open
architecture, sufficient capacity, and adequate
nondiscriminatory access terms necessary to provide open access
to a diversity of voice, video, and data communications.
(8) Private telecommunications carriers are likely to
control access to telecommunications networks that lack
sufficiently open architecture, sufficient capacity, and
adequate nondiscriminatory access terms. Without narrowly
tailored governmental intervention, the existence of these
private ``gatekeepers'' is likely to restrict access to these
networks.
(9) Private telecommunications carriers respond to
marketplace forces, and therefore are most likely to exclude
those members of the public and institutions with the fewest
financial resources, including but not limited to small town
and rural residents, low income people, minorities, individuals
with disabilities, the elderly, and noncommercial organizations
such as schools, libraries, public broadcasters, and nonprofit
community and civic organizations.
(10) To facilitate widespread public discourse on a range
of public concerns between and among all Americans, the
Government has a compelling interest in providing broad access
to telecommunications networks for a diversity of voices,
viewpoints, and cultural perspectives, including access for
members of the public whose voices are most likely to be
excluded by private telecommunications carriers.
(11) Assuring access to a diversity of voices, viewpoints,
and cultural perspectives over telecommunications networks
benefits all members of the public who use telecommunications
networks to disseminate or receive information.
(12) Government support and encouragement of a diversity of
voices, viewpoints, and cultural perspectives over
telecommunications networks furthers a compelling governmental
interest in improving democratic self-governance, and improving
and facilitating local government services and communication
between citizens and elected and unelected public officials.
(13) Telecommunications networks make substantial use of
public rights-of-way in real property and in spectrum
frequencies.
(14) Because of the Government's compelling interest in
ensuring broad and diverse access to telecommunications
networks for the purposes of disseminating and receiving
noncommercial educational and informational services, and in
exchange for the use of public rights-of-way accorded
telecommunications networks, it is appropriate for Congress
(through the assertion of concurrent Federal jurisdiction over
rights-of-way held or controlled by State or local governments)
to require that owners and operators of telecommunications
networks reserve capacity on such networks for public use.
(15) The least restrictive means to ensure that those
members of the public whose voices are most likely to be
excluded from telecommunications networks can access those
networks is to require those networks to reserve a portion of
their capacity for that access.
(16) It is in the public interest that reserved network
capacity for public use be accompanied by funding to facilitate
use of such capacity to provide noncommercial governmental,
educational, informational, cultural, civic, and charitable
services for the public.
SEC. 3. PUBLIC RIGHTS-OF-WAY.
Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.)
is amended by adding at the end the following new section:
``SEC. 714. PUBLIC RIGHTS-OF-WAY.
``(a) Definitions.--As used in this section:
``(1) The term `telecommunications network' means any group
of facilities that has been granted the right to occupy any
public right-of-way to transmit or carry telecommunications for
the public, and provides the consumer or end user the
opportunity to choose from a range of telecommunications that
are available contemporaneously to the public. A terrestrial
radio or television broadcast station licensed pursuant to
Title III shall not be considered a telecommunications network
by reason of its use of its assigned spectrum.
``(2) The term `public right-of-way' means any right-of-
way, including use of the electromagnetic spectrum, that is
held or otherwise controlled by Federal, State, or local
governments on behalf of the public, and is used in the
transmission or carriage of telecommunications.
``(3) The term `telecommunications' means communications of
any form transmitted or carried by any means, including analog
or digital electromagnetic signals.
``(b) Requirement for Reserved Capacity.--Within 365 days after the
date of enactment of this section, the Commission shall promulgate
regulations to require owners and operators of telecommunications
networks to reserve, for public uses, capacity on such networks for use
free-of-charge by eligible entities. The reserved capacity shall be
considered public property subject to disposition pursuant to
regulations promulgated by the Commission, and the owner or operator of
any affected telecommunications network shall have no control over, and
no liability for, the communications content of such capacity.
``(c) Reservation of Capacity.--
``(1) Amount of capacity to be reserved.--The Commission
shall presume that a reservation under this section of 20
percent of the capacity of a telecommunications network is
appropriate, but may require a reservation of a lower amount or
an amount to be phased-in not exceeding 20 percent, upon
consideration of the type of technology used by the network,
barriers to accessing the network, and such other factors as
the Commission considers appropriate. Telecommunications
networks shall not be required to reserve public capacity in
excess of that required under this paragraph.
``(2) Temporary reductions.--If the Commission determines
that any portion of the amount of public capacity that a
telecommunications network is required to reserve under this
section will go unused, the Commission may temporarily reduce
the reserved amount by such unused portion. During the period
when the reserved public capacity of a telecommunications
network is temporarily reduced, an eligible entity described in
subsection (d) may request use of any of the portion by which
such reserved capacity was reduced and the Commission shall,
within 30 days after the request, provide sufficient capacity
to meet the request.
``(3) Quality.--The quality of telecommunications capacity
reserved for public uses under this section shall be equivalent
to the best quality of available capacity of the affected
telecommunications network in all respects, including
accessibility, channel positioning, interconnection access
rights, network capabilities, and such other factors as the
Commission considers appropriate.
``(4) Reduction or elimination of obligations.--The
Commission may reduce or eliminate obligations upon a
telecommunications network imposed under this subsection, if
the Commission determines on the record after notice and
opportunity for comment, that, throughout its entire service
area, such network has clearly sufficient open architecture,
capacity, and nondiscriminatory access terms to ensure that
economic and technological barriers to access by eligible
entities describe in subsection (d) are eliminated.
``(5) Effect on franchise fee collection.--Nothing in this
section is intended to affect the power of any franchising
authority to collect a franchise fee authorized under section
622.
``(d) Allocation of Capacity.--
``(1) Eligible entities.--The following entities are the
entities eligible for access to the public capacity reserved
under this section:
``(A) State, local, and tribal governments and
their agencies.
``(B) Accredited educational institutions open to
enrollment by the public.
``(C) Public telecommunications entities.
``(D) Public and nonprofit libraries.
``(E) Nonprofit organizations described under
section 501(c)(3) of the Internal Revenue Code of 1986
that are formed for the purpose of providing
nondiscriminatory public access to noncommercial
educational, informational, cultural, civic, or
charitable services.
``(2) Terms and conditions of access.--Such eligible
entities shall have access to such public capacity at no charge
(for installation or service) if using such capacity only for
the provision of educational, informational, cultural, civic,
or charitable services directly to the public without charge
for such services. Telecommunications capacity allocated
pursuant to this section shall not be sold, resold, or
otherwise transferred in consideration for money or any other
thing of value.
``(3) Allocation.--The Commission shall determine
appropriate mechanisms and guidelines for allocating such
public capacity. In so doing, the Commission shall establish
block allocations to State, local, or tribal governments for
redistribution among eligible entities pursuant to
telecommunications plans submitted by State, local, or tribal
governments, and ensure that the intent of Congress, as
expressed in section 396(a), is served.
``(4) Transition.--The Commission, as telecommunications
network capacity expands, shall provide for a transition within
a reasonable period of time from requirements under sections
335, 611, and 615 to requirements under this section.
``(e) Public Telecommunications Infrastructure Fund.--
``(1) Establishment.--Within 365 days after the date of
enactment of this section, the Commission shall promulgate
regulations to establish a Public Telecommunications
Infrastructure Fund to provide eligible entities described in
subsection (d) with economic support to use the capacity
reserved on telecommunications networks under this section to
provide noncommercial governmental, educational, informational,
cultural, civil, and charitable services for the public. Such
regulations shall provide a mechanism for financing the Public
Telecommunications Infrastructure Fund by means of--
``(A) contributions, on a competitively neutral
basis, by owners and operators of telecommunications
networks (including those regulated under titles II,
III and VI, except that nothing in this subsection may
be construed as affecting the power of any franchising
authority to collect a franchise fee authorized under
section 622);
``(B) contributions from a designated portion of
any universal service fund, as may be established under
this Act;
``(C) contributions from such other sources as the
Commission may determine to be sufficient and
appropriate for such purposes; or
``(D) any combination of the contributions
described in subparagraphs (A), (B), and (C).
``(2) Content of regulations.--The regulations promulgated
under this subsection shall--
``(A) provide that contributions to the Public
Telecommunications Infrastructure Fund shall begin no
later than 365 days after promulgation of the
regulations;
``(B) determine appropriate mechanisms and
guidelines for allocating the funds collected pursuant
to this subsection to such State, local, or tribal
governments as the Commission considers appropriate;
``(C) establish guidelines for the distribution of
such funds by State, local, or tribal governments to
provide eligible entities described in subsection (d)
with sufficient economic support to use the network
capacity reserved under this section to provide
noncommercial governmental, educational, informational,
cultural, civic, and charitable services for the
public; and
``(D) require that each State, local, or tribal
government authorized to distribute funds pursuant to
subparagraph (C) establish a public advisory commission
that--
``(i) shall be composed of members
representing the interests of eligible entities
described in subsection (d); and
``(ii) shall ensure that the funds are
distributed to a broad cross section of
eligible entities in accordance with the
guidelines established pursuant to subparagraph
(C).''. | National Public Telecommunications Infrastructure Act of 1994 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to require owners and operators of telecommunications networks to reserve, for public uses, capacity on such networks for use free-of-charge by eligible entities. Considers the reserved capacity as public property subject to disposition. Provides that the owner or operator of any affected telecommunication network shall not have control over, or liability for, the communications content of such capacity.
Prohibits telecommunications networks from being required to reserve in excess of 20 percent of their capacity for public use. Allows the FCC to temporarily reduce such required reserved capacity by the unused portion.
Requires the quality of telecommunications capacity reserved for public uses to be equivalent to the best quality of available capacity of the affected telecommunications network.
Authorizes the FCC to reduce or eliminate such imposed obligations upon a telecommunications network that ensures that economic and technological barriers to access by eligible entities are eliminated.
Includes as eligible entities: (1) State, local, and tribal governments and their agencies; (2) accredited educational institutions open to enrollment by the public; (3) public telecommunications entities; (4) public and nonprofit libraries; and (5) nonprofit organizations that are formed to provide nondiscriminatory public access to noncommercial educational, informational, cultural, civic, or charitable services.
Specifies the terms and conditions of such access.
Directs the FCC to establish a Public Telecommunications Infrastruture Fund to provide eligible entities with economic support to use the capacity reserved on telecommunications networks to provide noncommercial governmental, educational, informational, cultural, civil, and charitable services for the public. | National Public Telecommunications Infrastructure Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Making Every Representative's
Integrity Transparent Act of 2014'' or the ``MERIT Act''.
SEC. 2. PROHIBITING CAMPAIGN COMMITTEES FROM EMPLOYING RELATIVES OF
CANDIDATES.
(a) Prohibition.--Section 302 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 432) is amended by adding at the end the following
new subsection:
``(j) Restrictions on Dealings With Relatives of Candidates.--
``(1) Prohibiting employment.--
``(A) Authorized committees.--An authorized
committee of a candidate may not employ in a paid
position any individual who is a relative of the
candidate.
``(B) Leadership pacs.--A leadership PAC (as
defined in section 304(i)(8)(B)) may not employ in a
paid position any individual who is a relative of the
candidate or individual holding Federal office who
establishes, finances, maintains, or controls the
leadership PAC.
``(2) Relative defined.--In this subsection, the term
`relative' means, with respect to a candidate or individual
holding Federal office, an aunt, brother, brother-in-law,
daughter, daughter-in-law, father, father-in-law, first cousin,
grandson, granddaughter, half-brother, half-sister, husband,
mother, mother-in-law, nephew, niece, sister, sister-in-law,
son, son-in-law, stepbrother, stepdaughter, stepfather,
stepmother, stepsister, stepson, uncle, or wife.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect upon the expiration of the 90-day period which begins on
the date of the enactment of this Act.
SEC. 3. LIMIT ON INTEREST RATE PAID BY CAMPAIGN COMMITTEES ON LOANS
MADE BY CANDIDATES.
(a) Limit on Interest Rate.--Section 302 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 432), as amended by section 2, is
further amended by adding at the end the following new subsection:
``(k) Limit on Interest Rate Paid on Loans Made by Candidates.--
``(1) Limit.--If an authorized committee of a candidate
accepts a loan from the candidate, the committee may not pay
interest on the loan at an annual rate higher than the prime
rate as of the date the loan is agreed to plus 2 percentage
points.
``(2) Prime rate defined.--In this subsection, the term
`prime rate' means the bank prime loan rate published in the
Federal Reserve Statistical Release on selected interest rates
(daily or weekly), and commonly referred to as the H.15 release
(or any successor publication).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to loans made on or after the date of the enactment
of this Act.
SEC. 4. ENHANCED DISCLOSURE OF CERTAIN INFORMATION BY CAMPAIGN
COMMITTEES.
(a) Loans Made by Candidates.--Section 304(b)(3)(E) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 434(b)(3)(E)) is amended by
striking ``and the date and amount or value of such loan;'' and
inserting the following: ``the date and amount or value of such loan,
and in the case of a loan made to an authorized committee which is made
by or guaranteed by the candidate, the terms and conditions of the
loan, including the aggregate amount of the loan, the annualized
interest rate (and, if the interest rate is variable, a description of
how the rate may vary), the terms and conditions (if any) under which
the interest rate may be changed from fixed to variable or from
variable to fixed, the repayment schedule, the duration of the loan,
any fees and penalties which may be assessed on the borrower, and the
requirements (if any) for loan forgiveness or deferment;''.
(b) Payments to Relatives of Candidates.--
(1) Payments for operating expenses.--Section 304(b)(5)(A)
of such Act (2 U.S.C. 434(b)(5)(A)) is amended by striking the
semicolon at the end and inserting the following: ``, and, if
the person to whom the expenditure is made is a relative of the
candidate (as defined in section 302(j)(2)) or is a business
organization with respect to which a relative of the candidate
(as so defined) serves as an officer or director, the name and
address of the relative and the type of relative involved;''.
(2) Other disbursements.--Section 304(b)(6)(A) of such Act
(2 U.S.C. 434(b)(6)(A)) is amended by striking the semicolon at
the end and inserting the following: ``, and, if the person who
received the disbursement is a relative of the candidate (as
defined in section 302(j)(2)) or is a business organization
with respect to which a relative of the candidate (as so
defined) serves as an officer or director, the name and address
of the relative and the type of relative involved;''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to reports filed under section 304 of the Federal
Election Campaign Act of 1971 after the date of the enactment of this
Act.
SEC. 5. CLARIFICATION OF RULES APPLICABLE TO USES OF CONTRIBUTIONS
ACCEPTED BY POLITICAL COMMITTEES.
(a) Prohibiting Conversion to Personal Use.--Section 313(b)(2) of
the Federal Election Campaign Act of 1971 (2 U.S.C. 439a(b)(2)) is
amended by striking ``the candidate's election campaign or individual's
duties as a holder of Federal office,'' and inserting the following:
``the candidate's election campaign, the individual's duties as a
holder of Federal office, or the political committee's political
activities (as the case may be),''.
(b) Clarification That Contributions May Be Used for Authorized
Expenditures in Connection With Political Activities and for Other
Lawful Purposes.--
(1) In general.--Section 313(a) of such Act (2 U.S.C.
439a(a)) is amended--
(A) in the matter preceding paragraph (1), by
striking ``accepted by a candidate'' and inserting
``accepted by a candidate or a political committee'';
(B) in the matter preceding paragraph (1), by
striking ``used by the candidate or individual'' and
inserting ``used by the candidate, individual, or
political committee''; and
(C) in paragraph (1), by striking the semicolon at
the end and inserting the following: ``, or, in the
case of a political committee, in connection with the
committee's political activities;''.
(2) Conforming amendments.--Section 313(a) of such Act (2
U.S.C. 439a(a)) is amended--
(A) in paragraph (2), by striking ``for ordinary
and necessary expenses'' and inserting ``in the case of
a candidate or individual, for ordinary and necessary
expenses'';
(B) in paragraph (3), by striking ``for
contributions'' and inserting ``in the case of a
candidate or individual, for contributions'';
(C) in paragraph (4), by striking ``for transfers''
and inserting ``in the case of a candidate or
individual, for transfers''; and
(D) in paragraph (5), by striking ``for donations''
and inserting ``in the case of a candidate or
individual, for donations''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring after December 2014.
SEC. 6. REQUIRING LOBBYISTS TO IDENTIFY RELATIVES WHO ARE COVERED
OFFICIALS AND DISCLOSE LOBBYING CONTACTS WITH RELATIVES.
(a) Identification of Relatives Who Are Covered Officials in
Registration Statements.--
(1) In general.--Section 4(b)(6) of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1603(b)(6)) is amended to read as
follows:
``(6) for each employee of the registrant who has acted or
whom the registrant expects to act as a lobbyist on behalf of
the client--
``(A) the name of the employee;
``(B) the position in which the employee served if
such employee has served as a covered executive branch
official or a covered legislative branch official in
the 20 years before the date on which the employee
first acted as a lobbyist on behalf of the client; and
``(C) the name of each relative of the employee who
serves currently or who served previously as a covered
executive branch official or a covered legislative
branch official and, in the case of an official who is
or was a Member of Congress, the Congressional Bioguide
Identifier assigned to the Member by the Clerk of the
House of Representatives or the Secretary of the
Senate, as the case may be.''.
(2) Updates to registration for lobbyists who become
relatives of covered officials after registration.--Section 4
of such Act (2 U.S.C. 1603) is amended by adding at the end the
following new subsection:
``(e) Updates to Registration for Employees Who Become Relatives of
Covered Officials.--If, after a registrant registers under this
section, an employee of the registrant who is identified in the
registration under subsection (b)(6) becomes the relative of a covered
legislative branch official or a covered executive branch official, the
registrant shall update the registration to include the information
described in subparagraph (B) of such subsection with respect to the
employee and the official not later than 90 days after the employee
becomes the relative of the official.''.
(3) Effective date; transition rule for current
registrants.--
(A) Effective date.--The amendments made by this
subsection shall apply with respect to registrations
made under section 4 of the Lobbying Disclosure Act of
1995 after the date of the enactment of this Act.
(B) Transition rule.--A registrant who registered
under section 4 of the Lobbying Disclosure Act of 1995
prior to the date of the enactment of this Act shall
include the information described in section 4(b)(6)(C)
of such Act (as added by paragraph (1)) in the next
quarterly report on lobbying activities which the
registrant files under section 5(a) of such Act after
the date of the enactment of this Act.
(b) Inclusion of Lobbying Contacts With Relatives in Quarterly
Reports on Lobbying Activities.--
(1) In general.--Section 5(b)(2) of such Act (2 U.S.C.
1604(b)(2)) is amended--
(A) by striking ``and'' at the end of subparagraph
(C);
(B) by striking the semicolon at the end of
subparagraph (D) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(E) if, on behalf of the client, any lobbyist
employed by the registrant contacted a relative who is
a covered legislative branch official or covered
executive branch official, a statement identifying the
lobbyist, the official (and, if the official is a
Member of Congress, the Congressional Bioguide
Identifier assigned to the Member by the Clerk of the
House of Representatives or the Secretary of the
Senate, as the case may be), the subject matter of the
contact, and the type of relative involved;''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to reports filed under section 5 of
the Lobbying Disclosure Act of 1995 with respect to quarterly
periods which begin on or after the date of the enactment of
this Act.
(c) Relative Defined.--Section 3 of such Act (2 U.S.C. 1602) is
amended--
(1) by redesignating paragraph (16) as paragraph (17); and
(2) by inserting after paragraph (15) the following new
paragraph:
``(16) Relative.--The term `relative' means, with respect
to a lobbyist or employee of a registrant, an aunt, brother,
brother-in-law, daughter, daughter-in-law, father, father-in-
law, first cousin, grandson, granddaughter, half-brother, half-
sister, husband, mother, mother-in-law, nephew, niece, sister,
sister-in-law, son, son-in-law, stepbrother, stepdaughter,
stepfather, stepmother, stepsister, stepson, uncle, or wife.''. | Making Every Representative's Integrity Transparent Act of 2014 or the MERIT Act - Amends the Federal Election Campaign Act of 1971 to prohibit a candidate's authorized committee from employing any of the candidate's relatives in a paid position. Prohibits a leadership political action committee (PAC) from employing in a paid position any relative of the candidate or any individual holding federal office who establishes, finances, maintains, or controls the leadership PAC. Limits the interest rate an authorized committee may pay on a loan accepted from the candidate to an annual rate no higher than the prime rate plus 2%. Revises political committee disclosure requirements about: loans made by candidates, expenditures to relatives of candidates for operating expenses, and disbursements received by a candidate's relative or a business organization one of whose officers or dicrectors is a relative of the candidate. Applies the prohibition against the conversion to personal use of contributions accepted by candidates also to contributions accepted by political committees. Allows the use of contributions accepted by political committees for authorized expenditures in connection with political activities. Amends the Lobbying Disclosure Act of 1995 to: (1) require lobbying registrations to contain, for each employee of the registrant who has acted or who the registrant expects to act as a lobbyist on behalf of the client, the name of each relative of the employee who serves currently or who has served previously as a covered executive or legislative branch official, including the Congressional Bioguide Identifier of any covered official who is or was a Member of Congress; (2) require updates to registrations for employees who become relatives of covered officials, and (3) include lobbying contacts with relatives who are covered officials in quarterly reports on lobbying activities. | MERIT Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Pension
Liability Funding Reform Act of 1996''.
TITLE I--FEDERAL CONTRIBUTION TO DISTRICT OF COLUMBIA PENSION FUNDS
SEC. 101. INCREASE IN AND EXTENSION OF FEDERAL CONTRIBUTION.
(a) In General.--Section 144(a) of the District of Columbia
Retirement Reform Act (sec. 1-724(a), D.C. Code) is amended--
(1) in the matter preceding paragraph (1), by striking
``2004--'' and inserting ``2036 the following amounts:'';
(2) in paragraph (1)--
(A) by striking ``as'' and inserting ``As'', and
(B) by striking ``Fund, the sum'' and all that
follows and inserting the following: ``Fund--
``(A) for each fiscal year through fiscal year
1996, the sum of $34,170,000, reduced by the amount of
any reduction required under section 145(c); and
``(B) for fiscal year 1997 and each subsequent
fiscal year, the sum of $193,579,000, reduced by the
amount of any such reduction.'';
(3) in paragraph (2)--
(A) by striking ``as'' and inserting ``As'', and
(B) by striking ``Fund, the sum'' and all that
follows and inserting the following: ``Fund--
``(A) for each fiscal year through fiscal year
1996, the sum of $17,680,000; and
``(B) for fiscal year 1997 and each subsequent
fiscal year, the sum of $100,152,500.''; and
(4) in paragraph (3)--
(A) by striking ``as'' and inserting ``As'', and
(B) by striking ``Fund, the sum'' and all that
follows and inserting the following: ``Fund--
``(A) for each fiscal year through fiscal year
1996, the sum of $220,000; and
``(B) for fiscal year 1997 and each subsequent
fiscal year, the sum of $1,268,500.''.
(b) Conforming Amendments.--The District of Columbia Retirement
Reform Act is amended--
(1) in section 142(b)(1) (sec. 1-722(b)(1), D.C. Code), by
striking ``2004'' each place it appears in subparagraphs (A)
and (D) and inserting ``2036'';
(2) in section 142(b)(2) (sec. 1-722(b)(2), D.C. Code), by
striking ``2005'' and inserting ``2037'';
(3) in section 142(c)(1)(A) (sec. 1-722(c)(1)(A), D.C.
Code), by striking ``2003'' and inserting ``2035'';
(4) in section 144(e) (sec.1-724, D.C. Code)--
(A) by striking ``2004'' in paragraph (1) and
inserting ``2036'', and
(B) by striking paragraph (2);
(5) in section 145 (sec. 1-725, D.C. Code), by striking
``2004'' each place it appears in subsections (a)(1) and (c)(1)
and inserting ``2036''; and
(6) in section 162(d) (sec. 1-732(d)(1), D.C. Code), by
striking paragraph (5).
TITLE II--CHANGES IN RETIREMENT BENEFITS
Subtitle A--Police Officers' and Fire Fighters' Contribution
SEC. 201. INCREASE IN CONTRIBUTION.
The first sentence of subsection (d)(1) of the Policemen and
Firemen's Retirement and Disability Act (sec. 4-612(a), D.C. Code) is
amended by inserting after ``per centum'' the following: ``(or, with
respect to a member who is an officer or member of the Metropolitan
Police force or the Fire Department of the District of Columbia, 8 per
centum for each pay period which begins on or after October 1, 1996)''.
SEC. 202. ESTABLISHMENT OF SINGLE ANNUAL COST-OF-LIVING ADJUSTMENT.
Subsection (m) of the Policemen and Firemen's Retirement and
Disability Act (sec. 4-624, D.C. Code) is amended--
(1) in paragraph (2), by striking ``the Mayor shall'' and
all that follows and inserting the following: ``on January 1 of
each year (or within a reasonable time thereafter), the Mayor
shall determine the per centum change in the price index for
the preceding year by determining the difference between the
index published for December of the preceding year and the
index published for December of the second preceding year.'';
and
(2) by amending paragraph (3) to read as follows:
``(3) If (in accordance with paragraph (2)) the Mayor determines in
a year (beginning with 1997) that the per centum change in the price
index for the preceding year indicates a rise in the price index, each
annuity having a commencing date on or before September 1 of the year
shall, effective September 1 of the year, be increased by an amount
equal to--
``(A) in the case of an annuity having a commencing date on
or before September 1 of such preceding year, the per centum
change computed under paragraph (2), adjusted to the nearest
\1/10\ of 1 per centum; or
``(B) in the case of an annuity having a commencing date
after September 1 of such preceding year, a pro rata increase
equal to the product of--
``(i) \1/12\ of the per centum change computed
under paragraph (2), multiplied by
``(ii) the number of months (not to exceed 12
months, counting any portion of a month as an entire
month) for which the annuity was payable before the
effective date of the increase,
adjusted to the nearest
\1/10\ of 1 per centum.''.
SEC. 203. EQUALIZATION OF CONTRIBUTION RULES FOR FORMER RETIREES.
(a) In General.--Section 209(a)(2)(B) of the District of Columbia
Retirement Reform Act (sec. 4-625(2), D.C. Code) is amended by striking
``having a commencing date after the effective date of such
amendment.''.
(b) Repeal of Relief Allowance or Compensation Increase.--Section
301 of the District of Columbia Police and Firemen's Salary Act of 1953
(sec. 4-605, D.C. Code) is repealed.
Subtitle B--Teachers' Contribution
SEC. 211. INCREASE IN CONTRIBUTION.
The first sentence of section 1 of the Act entitled ``An Act for
the retirement of public-school teachers in the District of Columbia'',
approved August 7, 1946 (sec. 31-1221(a), D.C. Code), is amended by
inserting after ``per centum'' the following: ``(or, with respect to
each pay period which begins on or after October 1, 1996, 8 per
centum)''.
SEC. 212. ESTABLISHMENT OF SINGLE ANNUAL COST-OF-LIVING ADJUSTMENT.
Section 21(b) of the Act entitled ``An Act for the retirement of
public-school teachers in the District of Columbia'', approved August
7, 1946 (sec. 31-1241(b), D.C. Code) is amended--
(1) in paragraph (1), by striking ``The Mayor shall--'' and
all that follows and inserting the following: ``On January 1 of
each year (or within a reasonable time thereafter), the Mayor
shall determine the per centum change in the price index for
the preceding year by determining the difference between the
index published for December of the preceding year and the
index published for December of the second preceding year.'';
and
(2) by amending paragraph (2) to read as follows:
``(2) If (in accordance with paragraph (1)) the Mayor determines in
a year (beginning with 1997) that the per centum change in the price
index for the preceding year indicates a rise in the price index, each
annuity having a commencing date on or before September 1 of the year
shall, effective September 1 of the year, be increased by an amount
equal to--
``(A) in the case of an annuity having a commencing date on
or before September 1 of such preceding year, the per centum
change computed under paragraph (1), adjusted to the nearest
\1/10\ of 1 per centum; or
``(B) in the case of an annuity having a commencing date
after September 1 of such preceding year, a pro rata increase
equal to the product of--
``(i) \1/12\ of the per centum change computed
under paragraph (1), multiplied by
``(ii) the number of months (not to exceed 12
months, counting any portion of a month as an entire
month) for which the annuity was payable before the
effective date of the increase, adjusted to the nearest
\1/10\ of 1 per centum.''.
Subtitle C--Judges' Contribution
SEC. 221. INCREASE IN CONTRIBUTION.
(a) Amount of Withholding.--The first sentence of section 11-
1563(a), D.C. Code, is amended by inserting after ``per centum'' the
following: ``(or, with respect to each pay period which begins on or
after October 1, 1996, 4\1/2\ per centum)''.
(b) Computation of Retirement Salary.--Section 11-1564(d)(1), D.C.
Code, is amended by inserting after ``United States Code,'' the
following: ``with respect to services performed before October 1, 1996,
and equal to 4\1/2\ per centum of such salary, pay, or compensation
with respect to services performed on or after October 1, 1996,''.
TITLE III--EFFECTIVE DATE
SEC. 301. EFFECTIVE DATE.
The amendments made by this Act shall take effect October 1, 1996. | TABLE OF CONTENTS:
Title I: Federal Contribution to District of Columbia
Pension Funds
Title II: Changes in Retirement Benefits
Subtitle A: Police Officers' and Fire Fighters'
Contribution
Title III: Effective Date
Subtitle B: Teachers' Contribution
Subtitle C: Judges' Contribution
District of Columbia Pension Liability Funding Reform Act of1996 - Title I: Federal Contribution to District of Columbia Pension Funds - Amends the District of Columbia Retirement Reform Act to increase and extend through FY 2036 the Federal contributions to the District of Columbia Police Officers and Fire Fighters', Teachers', and Judges' Retirement Funds.
Title II: Changes in Retirement Benefits - Subtitle A: Police Officers' and Fire Fighters' Contribution
- Amends the Policemen and Firemen's Retirement and Disability Act to increase retirement contributions withheld from the basic salary of members or officers of the Metropolitan Police force or the Fire Department of the District of Columbia.
Provides for annual (currently, biannual) cost-of-living adjustments of retirement annuities for such individuals.
Repeals provisions of the District of Columbia Police and Firemen's Salary Act of 1953 regarding pension relief allowances or retirement compensation increases for certain individuals.
Subtitle B: Teachers' Contribution
- Increases retirement contributions withheld from the basic salary of District of Columbia public school teachers.
Provides for annual (currently, biannual) cost-of-living adjustments for such individuals.
Subtitle C: Judges' Contribution
- Increases retirement contributions withheld from the basic salary of District of Columbia judges.
Title III: Effective Date
- Makes this Act effective on October 1, 1996. | District of Columbia Pension Liability Funding Reform Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Malpractice Relief Act of
2004''.
SEC. 2. CREDIT FOR QUALIFIED EXPENDITURES FOR MEDICAL PROFESSIONAL
MALPRACTICE INSURANCE.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business tax credits)
is amended by adding at the end the following:
``SEC. 45G. CREDIT FOR EXPENDITURES FOR MEDICAL PROFESSIONAL
MALPRACTICE INSURANCE.
``(a) General Rule.--For purposes of section 38, in the case of an
eligible person, the medical malpractice insurance expenditure tax
credit determined under this section for a taxable year is the amount
equal to the applicable percentage of qualified medical malpractice
insurance expenditures.
``(b) Limitation.--
``(1) In general.--The amount of qualified medical
malpractice insurance expenditures taken into account under
subsection (a) for a taxable year with respect to an eligible
person shall not exceed the amount equal to twice the average
of costs of qualified medical malpractice insurance for
similarly situated eligible persons.
``(2) Average costs.--For purposes of paragraph (1), the
Secretary of Health and Human Services, after consultation with
State boards of medical licensure and State boards (or
agencies) regulating insurance, shall--
``(A) determine average costs (rounded to the
nearest whole dollar) of providing or furnishing
general medical malpractice liability insurance to
eligible persons, and
``(B) certify the amount of such costs to the
Secretary on or before the 15th day of November of each
year.
``(c) Definitions and Special Rule.--For purposes of this section--
``(1) Qualified medical malpractice insurance
expenditure.--
``(A) In general.--The term `qualified medical
malpractice insurance expenditure' means so much of any
professional insurance premium, surcharge, payment, or
other cost or expense which is paid or incurred in the
taxable year by an eligible person for the sole purpose
of providing or furnishing general medical malpractice
liability insurance for such eligible person.
``(2) Eligible person.--The term `eligible person' means--
``(A) any physician (as defined in section
213(d)(4)) who practices in any surgical specialty or
subspecialty, emergency medicine, obstetrics,
anesthesiology or who does intervention work which is
reflected in medical malpractice insurance
expenditures,
``(B) any physician (as so defined) who practices
in general medicine, allergy, dermatology, pathology,
or any other specialty not otherwise described in this
section, and
``(C) any hospital, clinic, or long-term care
provider,
which meets applicable legal requirements to provide the health
care services involved.
``(3) Applicable percentage.--The applicable percentage
is--
``(A) 20 percent in the case of a person described
in paragraph (2)(A),
``(B) 10 percent in the case of a person described
in paragraph (2)(B), and
``(C) 15 percent in the case of a person described
in paragraph (2)(C).
``(4) Similarly situated.--The determination of whether
persons are similarly situated shall be made on the basis of
medical practices primarily located within a statistical area
(as defined in section 142(k)(2)) and shall differentiate
between specialty and subspecialty medical practices.
``(d) Election not to Claim Credit.--This section shall not apply
to a taxpayer for any taxable year if such taxpayer elects to have this
section not apply for such taxable year.
``(e) Termination.--This section shall not apply to taxable years
beginning after December 31, 2005.''.
(b) Credit Made Part of General Business Credit.--Section 38(b) of
such Code (relating to current year business credit) is amended by
striking ``plus'' at the end of paragraph (14), by striking the period
at the end of paragraph (15) and inserting ``, plus'', and by adding at
the end the following new paragraph:
``(16) the medical malpractice insurance expenditure tax
credit determined under section 45G(a).''.
(c) Limitation on Carryback.--Section 39(d) of such Code (relating
to transition rules) is amended by adding at the end the following new
paragraph:
``(11) No carryback of medical malpractice insurance
expenditure tax credit before effective date.--No portion of
the unused business credit for any taxable year which is
attributable to the credit determined under section 45G may be
carried back to any taxable year beginning before January 1,
2004.''.
(d) Denial of Double Benefit.--Section 280C of such Code (relating
to certain expenses for which credits are allowable) is amended by
adding at the end the following new subsection:
``(d) Credit for Medical Malpractice Liability Insurance
Premiums.--
``(1) In general.--No deduction shall be allowed for that
portion of the qualified medical malpractice insurance
expenditures otherwise allowable as a deduction for the taxable
year which is equal to the amount of the credit allowable for
the taxable year under section 45G (determined without regard
to section 38(c)).
``(2) Controlled groups.--In the case of a corporation
which is a member of a controlled group of corporations (within
the meaning of section 41(f)(5)) or a trade or business which
is treated as being under common control with other trades or
business (within the meaning of section 41(f)(1)(B)), this
subsection shall be applied under rules prescribed by the
Secretary similar to the rules applicable under subparagraphs
(A) and (B) of section 41(f)(1).''.
(e) Grants to Non-Profit Hospitals, Clinics, and Long-Term Care
Providers.--
(1) In general.--The Secretary of Health and Human
Services, acting through the Administrator of the Health
Resources and Services Administration, shall award grants to
eligible non-profit hospitals, clinics, and long-term care
providers to assist such hospitals, clinics, and long-term care
providers in defraying qualified medical malpractice insurance
expenditures.
(2) Eligible non-profit hospital, clinic, or long-term care
provider.--To be eligible to receive a grant under paragraph
(1) an entity shall--
(A) be a non-profit hospital, clinic, or long-term
care provider;
(B) be an organization described in section 501(c)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code for the year for
which an application is submitted under subparagraph
(C); and
(C) prepare and submit to the Secretary of Health
and Human Services an application at such time, in such
manner, and containing such information as the
Secretary may require.
(3) Amount of grant.--The amount of a grant to a non-profit
hospital, clinic, or long-term care provider under paragraph
(1) shall equal 15 percent of the amount of the qualified
medical malpractice insurance expenditures of the hospital,
clinic, or long-term care provider for the year involved.
(4) Qualified medical malpractice insurance expenditure.--
In this subsection, the term ``qualified medical malpractice
insurance expenditure'' means so much of any professional
insurance premium, surcharge, payment or other cost or expense
which is incurred by a non-profit hospital, clinic, or long-
term care provider in a year for the sole purpose of providing
or furnishing general medical malpractice liability insurance
for such hospital, clinic, or long-term care provider as does
not exceed twice the average of such costs for similarly
situated hospitals, clinics, or long-term care provider homes.
(5) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection such sums as
may be necessary for each of fiscal years 2005 and 2006.
(f) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45G. Credit for expenditures for medical professional
malpractice insurance.''.
(g) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003. | Medical Malpractice Relief Act of 2004 - Amends the Internal Revenue Code to allow a business tax credit for taxable years beginning in 2004 or 2005 for expenditures for medical professional malpractice insurance. Allows a credit for: (1) 20 percent of the malpractice insurance expenditures of a physician who practices in any surgical specialty or subspecialty, emergency medicine, obstetrics, or anesthesiology or who does intervention work which is reflected in medical malpractice insurance expenditures; (2) ten percent of such expenditures of a physician who practices in general medicine, allergy, dermatology, pathology, or other specialty; and (3) 15 percent of such expenditures of any hospital, clinic, or long-term care provider. Limits the amount of expenditures that may be taken into account to twice the average of costs of medical malpractice insurance for similarly situated health care providers, as determined by the Secretary of Health and Human Services.
Directs the Secretary, acting through the Administrator of the Health Resources and Services Administration, to make grants to certain non-profit hospitals, clinics, and long-term care providers to assist such entities in defraying their medical malpractice insurance expenditures. Limits the amount of such grants to 15 percent of the medical malpractice insurance expenditures incurred by such entities in any year. | To amend the Internal Revenue Code of 1986 to allow a business credit for qualified expenditures for medical professional malpractice insurance. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland Security Technology
Improvement Act of 2004''.
SEC. 2. HOMELAND SECURITY TECHNOLOGY TRANSFER PROGRAM.
(a) In General.--Section 313 of the Homeland Security Act of 2002
(6 U.S.C. 193) is amended--
(1) in subsection (b), by adding at the end the following:
``(6) The establishment of a multi-agency homeland security
technology, equipment, and information transfer program to
allow for the transfer of technology, equipment, and
information to State and local law enforcement agencies.'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) Technology Transfer Program.--In developing the program
described under subsection (b)(6), the Secretary, acting through the
Under Secretary for Science and Technology shall--
``(1) in close cooperation with the Office of Domestic
Preparedness, conduct, on an ongoing basis--
``(A) research and development of new technologies;
``(B) surveys and reviews of available appropriate
technologies; and
``(C) tests, evaluations, and demonstrations of new
and available technologies that significantly improve
the capability of law enforcement agencies in
countering terrorist threats;
``(2) in support of the activities described in paragraph
(1)--
``(A) consult with State and local law enforcement
agencies and others determined by the Secretary,
including the advisory committee established under
section 430(d);
``(B) work with the National Institute for
Standards and Technology and any other office or agency
determined by the Secretary;
``(C) at the discretion of the Secretary, enter
into agreements and coordinate with other Federal
agencies to maximize the effectiveness of the
technologies, equipment, and information; and
``(3) provide a comprehensive list of available
technologies, equipment, and information to the Office for
Domestic Preparedness which shall administer a technology
transfer program described under section 430(d).''.
(b) Office for Domestic Preparedness.--Section 430 of the Homeland
Security Act of 2002 (6 U.S.C. 238) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Technology, Equipment, and Information Transfer Program.--
``(1) Administration.--The Director of the Office for
Domestic Preparedness, in coordination with the Under Secretary
for Science and Technology, shall establish and administer a
technology transfer program through which the Director shall--
``(A) make the counterterrorism technology,
equipment, and information available to State and local
law enforcement agencies each year based on--
``(i) the comprehensive list of available
technologies, equipment, and information
described under section 313(c); and
``(ii) the needs identified by the advisory
committee established under this subsection;
``(B) consult with State and local law enforcement
agencies and others, as determined by the Secretary;
``(C) accept applications from the head of State
and local law enforcement agencies that wish to acquire
such technologies, equipment, and information to
improve the homeland security capabilities of those
agencies, and review these applications with the
advisory committee established under this subsection;
and
``(D) transfer the approved technology, equipment,
and information and provide the appropriate training to
the State or local law enforcement agencies to
implement such technology, equipment, and information.
``(2) Technology transfer advisory committee.--Under the
authority of section 871, the Secretary, acting through the
Director of the Office for Domestic Preparedness, shall
establish an advisory committee, or designate an existing
advisory committee comprised of retired and active duty State
and local law enforcement officers, to advise the Director of
the Office for Domestic Preparedness and the Under Secretary
for Science and Technology regarding the homeland security
technology transfer program established under this subsection.
``(3) Expansion of program.--Upon the approval of the
Secretary, the Director of the Office for Domestic Preparedness
may expand the program established under this subsection to
transfer technology, equipment, and information to first
responders other than law enforcement agencies and revise the
advisory committee accordingly.
``(4) Limitation on administration expenditure.--Not more
than 10 percent of the budget of the technology, equipment, and
information transfer program established under this subsection
may be used for administrative expenses.
``(5) Authorization of Appropriations.--There are
authorized to be appropriated $50,000,000 for each of the
fiscal years 2005 through 2014 to carry out this subsection.''.
Passed the Senate February 4, 2004.
Attest:
Secretary.
108th CONGRESS
2d Session
S. 1612
_______________________________________________________________________
AN ACT
To establish a technology, equipment, and information transfer program
within the Department of Homeland Security. | Homeland Security Technology Improvement Act of 2004 - Amends the Homeland Security Act of 2002 to include, as an element of the program to encourage technological innovation in facilitating the mission of the Department of Homeland Security, the establishment of a multi-agency homeland security technology, equipment, and information transfer program to allow for the transfer of technology, equipment, and information to State and local law enforcement agencies. Requires the Secretary of Homeland Security, acting through the Under Secretary for Science and Technology, in developing such program, to: (1) in close cooperation with the Office for Domestic Preparedness, conduct research and development of new technologies, surveys and reviews of available appropriate technologies, and tests, evaluations, and demonstrations of new and available technologies that significantly improve the capability of law enforcement agencies in countering terrorist threats; (2) in support of such activities, consult with State and local law enforcement agencies and others, work with the National Institute for Standards and Technology and any other office or agency, and enter into agreements and coordinate with other Federal agencies to maximize the effectiveness of the technologies, equipment, and information; and (3) provide a comprehensive list of available technologies, equipment, and information to the Office of Domestic Preparedness, which shall administer the technology transfer program.
Requires the Director of the Office for Domestic Preparedness, in coordination with the Under Secretary, to: (1) make counterterrorism technology, equipment, and information available to State and local law enforcement agencies based on the list of available technologies, equipment, and information and the needs identified by the technology transfer advisory committee established by this Act; (2) consult with State and local law enforcement agencies; (3) accept applications from State and local law enforcement agencies that wish to acquire such technologies, equipment, and information to improve their homeland security capabilities and review such applications with the advisory committee; and (4) transfer the approved technology, equipment, and information and provide training to the State or local law enforcement agencies to implement such technology equipment, and information.
Allows the Director, upon approval of the Secretary, to expand the program to first responders other than law enforcement agencies and to revise the advisory committee accordingly.
Limits expenditures for administrative costs to ten percent of the program budget.
Authorizes appropriations. | A bill to establish a technology, equipment, and information transfer within the Department of Homeland Security. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clinical Research Enhancement Act of
1997''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Clinical research is critical to the advancement of
scientific knowledge and to the development of cures and
improved treatment for disease.
(2) Tremendous advances in biology are opening doors to new
insights into human physiology, pathophysiology and disease,
creating extraordinary opportunities for clinical research.
(3) Clinical research includes translational research which
is an integral part of the research process leading to general
human applications. It is the bridge between the laboratory and
new methods of diagnosis, treatment, and prevention and is thus
essential to progress against cancer and other diseases.
(4) The United States will spend more than $1 trillion on
health care in 1997, but the Federal budget for health research
at the National Institutes of Health was $12.7 billion, only 1
percent of that total.
(5) Studies at the Institute of Medicine, the National
Research Council, and the National Academy of Sciences have all
addressed the current problems in clinical research.
(6) The Director of the National Institutes of Health has
recognized the current problems in clinical research and has
through the use of an advisory committee begun to evaluate
these problems.
(7) The current level of training and support for health
professionals in clinical research is fragmented, frequently
undervalued, and potentially underfunded.
(8) Young investigators are not only apprentices for future
positions but a crucial source of energy, enthusiasm, and ideas
in the day-to-day research that constitutes the scientific
enterprise. Serious questions about the future of life-science
research are raised by the following:
(A) The number of young investigators applying for
grants dropped by 54 percent between 1985 and 1993.
(B) The number of federally funded research (R01)
grants awarded to persons under the age of 36 have
decreased by 70 percent from 1985 to 1993.
(C) Newly independent life-scientists are expected
to raise funds to support their new research programs
and a substantial proportion of their own salaries.
(9) The following have been cited as reasons for the
decline in the number of active clinical researchers, and those
choosing this career path:
(A) A medical school graduate incurs an average
debt of $80,000, as reported in the Medical School
Graduation Questionnaire by the American Association of
Medical Colleges (AAMC).
(B) The prolonged period of clinical training
required increases the accumulated debt burden.
(C) The decreasing number of mentors and role
models.
(D) The perceived instability of funding from the
National Institutes of Health and other Federal
agencies.
(E) The almost complete absence of clinical
research training in the curriculum of training grant
awardees.
(F) Academic Medical Centers are experiencing
difficulties in maintaining a proper environment for
research in a highly competitive health care
marketplace, which are compounded by the decreased
willingness of third party payers to cover health care
costs for patients engaged in research studies and
research procedures.
(10) In 1960, general clinical research centers were
established under the Office of the Director of the National
Institutes of Health with an initial appropriation of
$3,000,000.
(11) Appropriations for general clinical research centers
in fiscal year 1997 equaled $153,000,000.
(12) In fiscal year 1997, there were 74 general clinical
research centers in operation, supplying patients in the areas
in which such centers operate with access to the most modern
clinical research and clinical research facilities and
technologies.
(13) The average annual amount allocated for each general
clinical research center is $1,900,000, establishing a current
funding level of 75 percent of the amounts approved by the
Advisory Council of the National Center for Research Resources.
(b) Purpose.--It is the purpose of this Act to provide additional
support for and to expand clinical research programs.
SEC. 3. INCREASING THE INVOLVEMENT OF THE NATIONAL INSTITUTES OF HEALTH
IN CLINICAL RESEARCH.
Section 402 of the Public Health Service Act (42 U.S.C. 282) is
amended by adding at the end the following:
``(l)(1) The Director of NIH shall undertake activities to support
and expand the involvement of the National Institutes of Health in
clinical research.
``(2) In carrying out paragraph (1), the Director of NIH shall--
``(A) design test pilot projects and implement the
recommendations of the Division of Research Grants Clinical
Research Study Group and other recommendations for enhancing
clinical research, where applicable; and
``(B) establish an intramural clinical research fellowship
program and a continuing education clinical research training
program at NIH.
``(3) The Director of NIH, in cooperation with the Directors of the
Institutes, Centers, and Divisions of the National Institutes of
Health, shall support and expand the resources available for the
diverse needs of the clinical research community, including inpatient,
outpatient, and critical care clinical research.
``(4) The Director of NIH shall establish peer review mechanisms to
evaluate applications for--
``(A) clinical research career enhancement awards;
``(B) innovative medical science awards;
``(C) graduate training in clinical investigation awards;
``(D) intramural clinical research fellowships.
Such review mechanisms shall include individuals who are exceptionally
qualified to appraise the merits of potential clinical research
training and research grant proposals.''.
SEC. 4. GENERAL CLINICAL RESEARCH CENTERS.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is further amended by adding at the end the following:
``SEC. 409B. GENERAL CLINICAL RESEARCH CENTERS.
``(a) Grants.--The Director of the National Center for Research
Resources shall award grants for the establishment of general clinical
research centers to provide the infrastructure for clinical research
including clinical research training and career enhancement. Such
centers shall support clinical studies and career development in all
settings of the hospital or academic medical center involved.
``(b) Activities.--In carrying out subsection (a), the Director of
NIH shall expand the activities of the general clinical research
centers through the increased use of telecommunications and
telemedicine initiatives.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, such sums as may be necessary.
``SEC. 409C. ENHANCEMENT AWARDS.
``(a) Clinical Research Career Enhancement Award.--
``(1) In general.--The Director of the National Center for
Research Resources shall make grants (to be referred to as
`clinical research career enhancement awards') to support
individual careers in clinical research at general clinical
research centers or at other institutions that have the
infrastructure and resources deemed appropriate for conducting
patient-oriented clinical research. The Director of the
National Center for Research Resources shall, where
practicable, collaborate or consult with other Institute
Directors in making awards under this subsection.
``(2) Applications.--An application for a grant under this
subsection shall be submitted by an individual scientist at
such time as the Director may require.
``(3) Limitations.--The amount of a grant under this
subsection shall not exceed $125,000 per year per grant. Grants
shall be for terms of 5 years. The Director shall award not
more than 20 grants in the first fiscal year, and not more than
40 grants in the second fiscal year, in which grants are
awarded under this subsection.
``(4) Authorization of appropriations.--There is authorized
to be appropriated to make grants under paragraph (1),
$3,000,000 for fiscal year 1998, and such sums as may be
necessary for each subsequent fiscal year.
``(b) Innovative Medical Science Award.--
``(1) In general.--The Director of the National Center for
Research Resources shall make grants (to be referred to as
`innovative medical science awards') to support individual
clinical research projects at general clinical research centers
or at other institutions that have the infrastructure and
resources deemed appropriate for conducting patient-oriented
clinical research. The Director of the National Center for
Research Resources shall, where practicable, collaborate or
consult with other Institute Directors in making awards under
this subsection.
``(2) Applications.--An application for a grant under this
subsection shall be submitted by an individual scientist at
such time as the Director requires.
``(3) Limitations.--The amount of a grant under this
subsection shall not exceed $175,000 per year per grant.
``(4) Authorization of appropriations.--There is authorized
to be appropriated to make grants under this subsection,
$52,500,000 for fiscal year 1998, and such sums as may be
necessary for each subsequent fiscal year.
``(c) Graduate Training in Clinical Investigation Award.--
``(1) In general.--The Director of the National Center for
Research Resources shall make grants (to be referred to as
`graduate training in clinical investigation awards') to
support individuals pursuing master's or doctoral degrees in
clinical investigation.
``(2) Applications.--An application for a grant under this
subsection shall be submitted by an individual scientist at
such time as the Director may require.
``(3) Limitations.--The amount of a grant under this
subsection shall not exceed $75,000 per year per grant. Grants
shall be for terms of 2 years or more and will provide stipend,
tuition, and institutional support for individual advanced
degree programs in clinical investigation.
``(4) Definition.--As used in this subsection, the term
`advanced degree programs in clinical investigation' means
programs that award a master's or Ph.D. degree after 2 or more
years of training in areas such as the following:
``(A) Analytical methods, biostatistics, and study
design.
``(B) Principles of clinical pharmacology and
pharmacokinetics.
``(C) Clinical epidemiology.
``(D) Computer data management and medical
informatics.
``(E) Ethical and regulatory issues.
``(F) Biomedical writing.
``(5) Authorization of Appropriations.--There is authorized
to be appropriated to make grants under this subsection,
$3,000,000 for fiscal year 1998, and such sums as may be
necessary for each subsequent fiscal year.''.
SEC. 5. CLINICAL RESEARCH ASSISTANCE.
(a) National Research Service Awards.--Section 487(a)(1)(C) of the
Public Health Service Act (42 U.S.C. 288(a)(1)(C)) is amended by
striking ``50 such'' and inserting ``100 such''.
(b) Loan Repayment Program.--Section 487E of the Public Health
Service Act (42 U.S.C. 288-5) is amended--
(1) in the section heading, by striking ``from
disadvantaged backgrounds'';
(2) in subsection (a)(1)--
(A) by striking ``who are from disadvantaged
backgrounds''; and
(B) by striking ``as employees of the National
Institutes of Health'' and inserting ``as part of a
clinical research training position'';
(3) in subsection (a), by striking paragraph (3) and
inserting the following:
``(3) Applicability of certain provisions regarding
obligated service.--With respect to the National Health Service
Corps Loan Repayment Program established under subpart III of
part D of title III, the provisions of such subpart shall,
except as inconsistent with this section, apply to the program
established in this section in the same manner and to the same
extent as such provisions apply to such loan repayment
program.'';
(4) in subsection (b)--
(A) by striking ``Amounts'' and inserting the
following:
``(1) In general.--Amounts''; and
(B) by adding at the end the following:
``(2) Disadvantaged backgrounds set-aside.--In carrying out
this section, the Secretary shall ensure that not less than 50
percent of the contracts involve those appropriately qualified
health professionals who are from disadvantaged backgrounds.'';
and
(5) by adding at the end the following:
``(c) Definition.--As used in subsection (a)(1), the term `clinical
research training position' means an individual serving in a general
clinical research center or in clinical research at the National
Institutes of Health, or a physician receiving a clinical research
career enhancement award, an innovative medical science award, or a
graduate training in clinical investigation award.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary
for each fiscal year.''.
SEC. 6. DEFINITION.
Section 409 of the Public Health Service Act (42 U.S.C. 284d) is
amended--
(1) by striking ``For purposes'' and inserting ``(a) Health
Service Research.--For purposes''; and
(2) by adding at the end the following:
``(b) Clinical Research.--As used in this title, the term `clinical
research' means patient oriented clinical research conducted with human
subjects, or research on the causes and consequences of disease in
human populations involving material of human origin (such as tissue
specimens and cognitive phenomena) for which an investigator or
colleague directly interacts with human subjects in an outpatient or
inpatient setting to clarify a problem in human physiology,
pathophysiology, or disease; or epidemiologic or behavioral studies,
outcomes research, or health services research, or developing new
technologies or therapeutic interventions.''. | Clinical Research Enhancement Act of 1997 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to: (1) support and expand the NIH's involvement in clinical research; (2) support and expand the resources available for the clinical research community; and (3) establish peer review mechanisms.
(Sec. 4) Mandates grants to: (1) establish general clinical research centers to provide the infrastructure for clinical research, including clinical research training and career enhancement; (2) support individual careers in clinical research at general clinical research centers or other institutions (to be known as clinical research career enhancement awards); (3) support individual clinical research projects at general clinical research centers or other institutions (to be known as innovative medical science awards); and (4) support individuals pursuing master's or doctoral degrees in clinical investigation (to be known as graduate training in clinical investigation awards). Authorizes appropriations.
(Sec. 5) Increases the limit on the aggregate number of scholarship (regarding professions needed by the NIH) and loan repayment (regarding clinical researchers from disadvantaged backgrounds) contracts under specified provisions.
Modifies the loan repayment program to: (1) remove current references to disadvantaged backgrounds; and (2) require a period of service in a general clinical research center, in clinical NIH research, or as a physician receiving a clinical research career enhancement award, an innovative medical science award, or a graduate training in clinical investigation award (currently, a period of service as an NIH employee). Requires that at least 50 percent of the loan repayment contracts involve individuals from disadvantaged backgrounds. Authorizes appropriations to carry out the loan repayment provisions. | Clinical Research Enhancement Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Security Act of 1996''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) economic security is an integral part of national
security;
(2) the development of new ideas and technical innovation
is critical to sustaining a healthy and competitive national
economy;
(3) encouraging innovation and creativity requires adequate
protection of vital economic proprietary information, both
tangible and intangible;
(4) over 50 countries have covertly tried to obtain
advanced technologies from United States industries;
(5) the theft, wrongful destruction or alteration,
misappropriation, or wrongful conversion by foreign governments
or their agents of vital economic proprietary information
belonging to United States owners directly and substantially
threatens the health and competitiveness of critical segments
of the United States economy and, consequently, the Nation's
security; and
(6) current laws are inadequate to protect against economic
espionage by foreign governments or those acting on their
behalf.
(b) Purpose.--The purpose of this Act is to protect the national
security by preventing economic espionage and furthering the
development and lawful utilization of United States vital proprietary
economic information by protecting it from theft, wrongful destruction
or alteration, misappropriation, and conversion by foreign governments
and their agents or instrumentalities. This Act is intended to protect
the vital proprietary economic information of the United States
Government and United States firms, businesses, industries, and
individuals both domestically and abroad by punishing individuals,
corporations, and institutions that engage in economic espionage with
the intent or purpose of aiding foreign nations or governments and
their instrumentalities and agents.
SEC. 3. PREVENTION OF ECONOMIC ESPIONAGE AND PROTECTION OF VITAL
PROPRIETARY ECONOMIC INFORMATION.
(a) In General.--The National Security Act of 1947 (50 U.S.C. 421
et seq.) is amended by adding at the end the following new title:
``TITLE IX--ECONOMIC ESPIONAGE AND PROTECTION OF VITAL PROPRIETARY
ECONOMIC INFORMATION
``SEC. 901. DEFINITIONS.
``As used in this title:
``(1) The term `foreign corporation, institution, or
instrumentality' means any corporation, agency, component,
institution, association, instrumentality, or legal,
commercial, or business entity that is substantially owned,
controlled, sponsored, commanded, managed, or dominated by a
foreign government or subdivision of a foreign government.
``(2) The term `foreign agent' means any officer, employee,
proxy, servant, delegate, or representative of a foreign nation
or government.
``(3) The term `person' means a natural person,
corporation, agency, association, institution, or any other
legal, commercial, or business entity.
``(4) The term `vital proprietary economic information'
means all forms and types of financial, business, scientific,
technical, economic, or engineering information, including
data, plans, tools, mechanisms, compounds, formulas, designs,
prototypes, processes, procedures, programs, codes, or
commercial strategies, whether tangible or intangible, and
however stored, compiled, or memorialized, if--
``(A) the owner has taken reasonable measures to
keep such information confidential; and
``(B) the information derives independent economic
value, actual or potential, from not being generally
known to, and not being readily ascertainable,
acquired, or developed by legal means by the public.
``(5) The term `owner' means the United States person or
persons in whom, or United States Government component,
department, or agency in which, rightful legal, beneficial, or
equitable title to, or license in, vital proprietary economic
information is reposed.
``(6) The term `United States person' means--
``(A) in the case of a natural person, a United
States citizen or permanent resident alien; and
``(B) in the case of a nonnatural person, an entity
substantially owned or controlled by the United States
Government or by United States citizens or permanent
resident aliens, or incorporated in the United States.
``SEC. 902. ENGAGING IN ECONOMIC ESPIONAGE TO AID FOREIGN NATIONS,
GOVERNMENTS, CORPORATIONS, INSTITUTIONS,
INSTRUMENTALITIES, OR AGENTS.
``(a) In General.--Any person who, with intent to, or reason to
believe that it will, injure any owner and benefit any foreign nation,
government, corporation, institution, instrumentality, or agent--
``(1) steals, wrongfully appropriates, takes, carries away,
or conceals, or by fraud, artifice, or deception obtains vital
proprietary economic information;
``(2) wrongfully copies, duplicates, sketches, draws,
photographs, downloads, uploads, alters, destroys, photocopies,
replicates, transmits, delivers, sends, mails, communicates, or
conveys vital proprietary economic information;
``(3) receives, buys, or possesses vital proprietary
economic information, knowing the vital proprietary economic
information to have been obtained by any of the means described
in paragraph (1) or (2);
``(4) attempts to commit any offense described in
paragraphs (1) through (3);
``(5) wrongfully solicits another to commit any offense
described in paragraphs (1) through (3); or
``(6) conspires with one or more other persons to commit
any offense described in paragraphs (1) through (3), and one or
more of such persons do any act to effect the object of the
conspiracy,
shall, except as provided in subsection (b), be fined not more than
$500,000 or imprisoned not more than 25 years, or both.
``(b) Corporations.--Any corporation that commits any offense
described in subsection (a) shall be fined not more than $10,000,000.
``SEC. 903. CRIMINAL FORFEITURE.
``(a) In General.--Notwithstanding any provision of State law, any
person convicted of a violation under this title shall forfeit to the
United States--
``(1) any property constituting or derived from, any
proceeds the person obtained, directly or indirectly, as the
result of such violation; and
``(2) any of the person's property used, or intended to be
used, in any manner or part to commit or facilitate the
commission of such violation.
``(b) Court Order.--The court, in imposing a sentence on such
person, shall order, in addition to any other sentence imposed pursuant
to this title, that the person forfeit to the United States all
property described in this section.
``(c) Applicable Law.--Property subject to forfeiture under this
section, any seizure and disposition thereof, and any administrative or
judicial proceeding in relation thereto, shall be governed by section
413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970
(21 U.S.C. 853), except for subsection 413(d) which shall not apply to
forfeitures under this section.
``(d) Crime Victims Fund.--Notwithstanding section 524(c) of title
28, United States Code, there shall be deposited in the Crime Victims
Fund established under section 1402 of the Victims of Crime Act of 1984
(42 U.S.C. 10601) all amounts from the forfeiture of property under
this section remaining after the payment of the expenses for forfeiture
and sale authorized by law.
``SEC. 904. IMPORT AND EXPORT SANCTIONS.
``(a) In General.--The President may prohibit, for a period of up
to 5 years, the importation into, or exportation from, the United
States of any product produced, made, assembled, or manufactured by a
person convicted of any offense described in section 902.
``(b) Civil Penalties.--The Attorney General may impose a civil
penalty not to exceed 5 times the value of the exports or imports
involved or $100,000, whichever is greater, against any person who
knowingly violates any order of the President issued under the
authority of this title. Such penalty may be imposed only after notice
and opportunity for a hearing on the record in accordance with sections
554 through 557 of title 5.
``SEC. 905. EXTRATERRITORIALITY.
``(a) Conduct Occurring in the United States.--This title applies
to conduct occurring within the territorial and special maritime
jurisdiction of the United States.
``(b) Conduct Occurring Outside the United States.--This title
applies to conduct occurring outside the United States if--
``(1) the offender is a United States person; or
``(2) the victim of the offense is an owner, as defined in
section 901, and the offense was intended to have or had a
substantial or direct effect on the United States.
``SEC. 906. CONSTRUCTION WITH OTHER LAWS.
``This title shall not be construed to preempt or displace any
other Federal or State remedies, whether civil or criminal, for the
misappropriation of vital proprietary economic information, or to
affect the otherwise lawful disclosure of information by any government
employee under section 552 of title 5 (commonly known as the Freedom of
Information Act).
``SEC. 907. PRESERVATION OF CONFIDENTIALITY.
``In any prosecution under this title, the court may enter such
orders and take such other action as may be necessary and appropriate
to preserve the confidentiality of vital proprietary economic
information, consistent with rule 16 of the Federal Rules of Criminal
Procedure, the Federal Rules of Evidence, and other applicable laws. An
interlocutory appeal by the United States shall lie from a decision or
order of a district court authorizing the disclosure of vital
proprietary economic information.
``SEC. 908. LAW ENFORCEMENT AND INTELLIGENCE ACTIVITIES.
``This title does not prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law
enforcement agency of the United States, a State, or a political
subdivision of a State, or an intelligence agency of the United
States.''.
(b) Technical Amendment.--The table of contents of the National
Security Act of 1947 is amended by adding at the end the following:
``TITLE IX--ECONOMIC ESPIONAGE AND PROTECTION OF VITAL PROPRIETARY
ECONOMIC INFORMATION
``Sec. 901. Definitions.
``Sec. 902. Engaging in economic espionage to aid foreign nations,
governments, corporations, institutions,
instrumentalities, or agents.
``Sec. 903. Criminal forfeiture.
``Sec. 904. Import and export sanctions.
``Sec. 905. Extraterritoriality.
``Sec. 906. Construction with other laws.
``Sec. 907. Preservation of confidentiality.
``Sec. 908. Law enforcement and intelligence activities.''.
SEC. 4. WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
INTERCEPTION OF ORAL COMMUNICATIONS.
Section 2516(1)(a) of title 18, United States Code, is amended by
inserting ``title IX of the National Security Act of 1947 (relating to
economic espionage and protection of vital proprietary economic
information in interstate and foreign commerce),'' after ``fuel),''. | Economic Security Act of 1996 - Amends the National Security Act of 1947 to impose penalties upon individuals and corporations that engage in economic espionage, or that attempt, conspire, or solicit others to do so, in order to aid foreign nations, governments, corporations, institutions, instrumentalities, or agents.
Provides for the forfeiture of any property that is used to commit, or that constitutes or is derived from any proceeds obtained as the result of, such violation.
Authorizes: (1) the President to prohibit for a period of up to five years the importation into, or exportation from, the United States of any product produced, made, assembled, or manufactured by a person convicted of any such offense; and (2) the Attorney General to impose a civil penalty (after notice and opportunity for a hearing on the record) not to exceed five times the value of the exports or imports involved or $100,000, whichever is greater, against any person who knowingly violates any such presidential order.
Sets forth provisions regarding: (1) extraterritoriality; (2) construction with other laws; (3) confidentiality; and (4) law enforcement and intelligence activities.
Includes economic espionage among the offenses with respect to which the Attorney General may authorize an application for, and a Federal judge may grant, an order authorizing interception of wire, oral, or electronic communications. | Economic Security Act of 1996 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Hunting,
Education, and Recreational Development Act'' or the ``HEARD Act''.
(b) Table of Contents.--The table of contents for this Act is:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Definitions.
Sec. 4. Disposal.
Sec. 5. Lands to provide or increase recreational and other
opportunities.
Sec. 6. Public availability of information on land potentially
available for disposal.
Sec. 7. Recreation and Public Purposes Act.
Sec. 8. Limitations for administrative costs.
Sec. 9. Recording.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The total Federal estate exceeds more than 635,000,000
acres.
(2) The Federal Government owns parcels of varying size
interspersed with or adjacent to private, State, and tribal
lands throughout the United States, making many of these
parcels difficult to manage and more appropriate for disposal.
(3) The Bureau of Land Management identifies certain lands
potentially available for disposal in revisions to resource
management plans.
(4) Existing law does not require the Bureau of Land
Management to dispose of identified lands on a regular or
frequent basis. As a result, lands identified as potentially
available for disposal under valid resource management plans
are rarely disposed of by the Bureau of Land Management.
(5) The Forest Service has several authorities to dispose
of Federal lands, but such authorities are rarely used.
(b) Purposes.--The purposes of this Act are--
(1) to provide for the orderly disposal of certain Federal
lands;
(2) to benefit education through the sales of such lands
and research focused on natural resource issues at educational
institutions;
(3) to consolidate Federal lands to achieve better
management; and
(4) to provide for the acquisition of certain lands to
provide or increase recreational and other purposes.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Hunting.--The term ``hunting'' means use of a firearm,
bow, or other authorized means in the lawful--
(A) pursuit, shooting, capture, collection,
trapping, or killing of wildlife; or
(B) attempt to pursue, shoot, capture, collect,
trap, or kill wildlife.
(2) Land grant university.--The term ``land grant
university'' means a land grant university--
(A) established under the Act of July 2, 1862
(known as the ``First Morrill Act''; 12 Stat. 503,
chapter 130; 7 U.S.C. 301 et seq.);
(B) established under the Act of August 30, 1890
(known as the ``Second Morrill Act''; 26 Stat. 419,
chapter 841; 7 U.S.C. 321 et seq.); or
(C) described in section 533(a)(1) of the Equity in
Educational Land-Grant Status Act of 1994 (part C of
title V of Public Law 103-382).
(3) Recreational fishing.--The term ``recreational
fishing'' means the lawful--
(A) pursuit, capture, collection, or killing of
fish; or
(B) attempt to pursue, capture, collect, or kill
fish.
(4) Recreational off-highway vehicles.--The term
``recreational off-highway vehicle'' means a motorized off-
highway vehicle designed to travel on four or more tires,
intended by the manufacturer for recreational use by one or
more persons and having all of the following characteristics:
(A) A steering wheel for steering control.
(B) Foot controls for throttle and service brake.
(C) Non-straddle seating.
(D) Maximum speed capability greater than 30 miles
per hour.
(E) Gross vehicle weight rating no greater than
3,750 pounds.
(F) Less than 80 inches in overall width, exclusive
of accessories.
(G) Engine displacement equal to or less than 61
cubic inches for gasoline fueled engines.
(H) Identification by means of a 17-character
personal or vehicle information number.
(5) Recreation and public purposes act.--The term
``Recreation and Public Purposes Act'' means the Act entitled
``An Act to authorize acquisition or use of public lands by
States, counties, or municipalities for recreational
purposes'', approved June 14, 1926 (43 U.S.C. 869 et seq.).
(6) Recreational shooting.--The term ``recreational
shooting'' means any form of sport, training, competition, or
pastime, whether formal or informal, that involves the
discharge of a rifle, handgun, or shotgun, or the use of a bow.
(7) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of the Interior, in reference to
lands under the jurisdiction of that Secretary; and
(B) the Secretary of Agriculture, in reference to
lands under the jurisdiction of that Secretary.
(8) Special account.--The term ``special account'' means
the account in the Treasury of the United States established
under this Act.
(9) Unit of local government.--The term ``unit of local
government'' means the governing body of each, community,
county, municipality, city, town, or township created pursuant
to State law with boundaries interspersed with or adjacent to
Federal lands.
SEC. 4. DISPOSAL.
(a) Disposal.--In accordance with this Act, and other applicable
law, and subject to valid existing rights, the Secretary concerned is
authorized to dispose of Federal land.
(b) Reservation for Local Public Purposes.--Not less than 30 days
before the offering of lands for sale or exchange pursuant to
subsection (a), States or the unit of local government in whose
jurisdiction the lands are located may elect to obtain any such lands
for local public purposes pursuant to the provisions of the Recreation
and Public Purposes Act. Pursuant to any such election, the Secretary
concerned shall retain the elected lands for conveyance to the States
or such unit of the local government in accordance with the provisions
of the Recreation and Public Purposes Act.
(c) Selection.--
(1) Joint selection required.--The Secretary concerned and
the unit of local government in whose jurisdiction lands
referred to in subsection (a) are located shall jointly select
lands to be offered for sale or exchange under this section.
The Secretary concerned shall coordinate land disposal
activities with the unit of local government concerned. Land
disposal activities of the Secretary concerned shall be
consistent with local land use planning and zoning requirements
and recommendations.
(2) Offering.--(A) The Secretary concerned shall make the
first offering of land as soon as practicable after land has
been selected in accordance with this subsection.
(B) The Secretary of the Interior shall dispose of not less
than 10 percent of lands currently identified by the Bureau of
Land Management for disposal as of the date of the enactment of
this Act in each of the first 8 years after the date of the
enactment of this Act, for a total of 80 percent of such lands
by the end of the eighth year after the date of the enactment
of this Act.
(C) The Secretary of the Interior shall dispose of not less
than 20 percent of lands identified by the Bureau of Land
Management for disposal in any resource management plan
amendment made after the date of the enactment of this Act in
each of the 4 years after such an amendment is made, for a
total of 80 percent of such lands by the end of the fourth year
after the date of such amendment.
(D) The Secretary of Agriculture shall dispose of not less
than 10 percent of lands currently identified by the Forest
Service for disposal as of the date of the enactment of this
Act in each of the first 8 years after the date of the
enactment of this Act, for a total of 80 percent of such lands
by the end of the eighth year after the date of the enactment
of this Act.
(E) The Secretary of Agriculture shall dispose of not less
than 20 percent of lands identified by the Forest Service for
disposal in any resource management plan amendment made after
the date of the enactment of this Act in each of the 4 years
after such an amendment is made, for a total of 80 percent of
such lands by the end of the fourth year after the date of such
amendment.
(F) Private landowners with inholdings interspersed with or
adjacent to Federal land being disposed of shall have the first
right of refusal for the purchase of land sold or exchanged
under this Act.
(d) Disposition of Proceeds.--
(1) Land sales.--Of the gross proceeds of sales of land
under this subsection in a fiscal year shall be made available
as follows:
(A) Fifteen percent shall be paid directly to the
State where the sale takes place for use to supplement
the education of students in kindergarten through grade
12, to supplement public support of institutions of
public higher education, and to supplement State
agricultural and natural resource agencies.
(B) Fifteen percent shall be paid directly to the
one or more land grant universities within the
boundaries of the State of which the revenue is derived
for the purposes of providing agricultural and natural
resources research, extension, teaching and
infrastructure.
(C) Ten percent shall be paid directly to the one
or more counties within the boundaries of which the
revenue is derived with 50 percent of those revenues
going to a county extension office.
(D) Ten percent shall be deposited in a special
account created in the Treasury of the United States
for use pursuant to the provisions of paragraph (3).
(E) The remainder shall be deposited into the
General Fund of the Treasury.
(2) Payments.--
(A) In general.--Amounts paid to land grant
universities under subsection (B) shall be in addition
to any other payments of public support.
(B) Payments in lieu of taxes.--A payment to a
county under subsection (C) shall be in addition to a
payment in lieu of taxes received by the county under
chapter 69 of title 31, United States Code.
(3) Availability of special account.--
(A) In general.--Amounts deposited in the special
account may be expended by the Secretary concerned
for--
(i) any of the purposes described in
section 5; and
(ii) deferred maintenance, repairs, and
capital improvements.
(B) Procedures.--The Secretary concerned shall
coordinate the use of the special account with States,
the unit of local government in whose jurisdiction the
lands are located, and other interested persons, to
ensure accountability and demonstrated results.
(C) Investment of special account.--All funds
deposited as principal in the special account shall
earn interest in the 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. Such
interest shall be added to the principal of the account
and expended according to the provisions of paragraph
(3).
SEC. 5. LANDS TO PROVIDE OR INCREASE RECREATIONAL AND OTHER
OPPORTUNITIES.
(a) Acquisitions.--
(1) Definition.--For purposes of this subsection, the term
``recreational beneficial land'' means land or an interest in
land, the acquisition of which the United States would, in the
judgment of the Secretary concerned provide an opportunity--
(A) for hunting, recreational fishing, recreational
shooting, recreational off-highway vehicles, or other
recreational purposes; or
(B) to achieve better management of public land
through consolidation of Federal ownership.
(2) Concurrence.--Before initiating efforts to acquire land
under this subsection, the Secretary concerned shall obtain the
concurrence of each affected State and unit of local government
within whose jurisdiction the lands are located, including
appropriate planning and regulatory agencies, and with other
interested persons, concerning the necessity of making the
acquisition, the potential impacts on State and local
government, and other appropriate aspects of the acquisition.
Concurrence under this paragraph is in addition to any other
consultation required by law.
(3) In general.--After the consultation process has been
completed in accordance with paragraph (3), the Secretary
concerned may acquire, with the proceeds of the special
account, recreational beneficial land and interests in
recreational beneficial land. Lands may not be acquired by
eminent domain or condemnation or without the consent of the
owner thereof. Funds made available from the special account
may be used with any other funds made available under any other
provision of law or any other non-Federal matching funds
provided by a nongovernmental organization.
(b) Determination of Fair Market Value.--The fair market value of
land or an interest in land to be acquired by the Secretary concerned
under this section shall be determined pursuant to section 206 of the
Federal Land Policy and Management Act of 1976 and shall be consistent
with other applicable requirements and standards. Fair market value
shall be determined without regard to the presence of a species listed
as threatened or endangered under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
(c) Payments in Lieu of Taxes.--Subparagraph (H) of section 6901(1)
of title 31, United States Code, is amended by inserting ``or the
Hunting, Education, and Recreational Development Act'' after ``the
Southern Nevada Public Land Management Act of 1998''.
(d) Limitation.--The total land acreage acquired annually under
this Act shall not exceed the total Federal land acreage disposed of
annually under this Act.
SEC. 6. PUBLIC AVAILABILITY OF INFORMATION ON LAND POTENTIALLY
AVAILABLE FOR DISPOSAL.
(a) Bureau of Land Management.--The Bureau of Land Management,
shall make publicly available, including on the Internet at http://
www.blm.gov/wo/st/
en/prog/planning/planning_overview/lands_potentially0
.html, or any successor website, all public lands managed by the agency
potentially available for disposal as identified in agency resource
management plans.
(b) Forest Service.--The Forest Service, shall make publicly
available, including on the Internet, all public lands managed by the
agency identified for disposal as identified in agency land and
resource management plans.
SEC. 7. RECREATION AND PUBLIC PURPOSES ACT.
(a) In General.--Upon request by a grantee of lands within a local
county that are subject to a lease or patent issued under the
Recreation and Public Purposes Act, the Secretary concerned may
transfer the reversionary interest in such lands to other non-Federal
lands. The transfer of the reversionary interest under this section
shall only be made to lands of equal value, except that with respect to
States or a unit of local government an amount equal to the excess (if
any) of the fair market value of lands received by the unit of local
government over the fair market value of lands transferred by the unit
of local government shall be paid to the Secretary concerned and shall
be treated under subsection (d)(1) of section 4 as proceeds from the
sale of land. For purposes of this subsection, the fair market value of
lands to be transferred by States or a unit of local government may be
based upon a statement of value prepared by a qualified appraiser.
(b) Terms and Conditions Applicable to Reversionary Interest.--
Other non-Federal lands selected under this subsection by a grantee
described in subsection (a) shall be subject to the activities defined
as permissible under parts 2920 and 2930 of title 43, Code of Federal
Regulations, shall be permissible.
SEC. 8. LIMITATIONS FOR ADMINISTRATIVE COSTS.
Amounts deposited in the special account created by this Act shall
be expended by the Secretary concerned for reimbursement of--
(1) costs incurred by the local offices of the Bureau of
Land Management and the Forest Service in arranging sales,
conveyances, or exchanges under this Act; and
(2) reimbursement of any other costs associated with this
Act including investigations, reports, appraisals, surveys, and
clearances.
SEC. 9. RECORDING.
The Secretary concerned shall record all final sales, conveyances
and exchanges under this Act with the county within whose jurisdiction
the lands are located. | Hunting, Education, and Recreational Development Act or the HEARD Act This bill authorizes the Department of the Interior and the Department of Agriculture (USDA) to dispose of federal lands under their respective jurisdictions by offering them for sale or exchange to units of local government in accordance with this bill. Before the offering of lands for sale or exchange, states or the unit of local government in whose jurisdiction the lands are located may elect to obtain any such lands for local public purposes pursuant to the Recreation and Public Purposes Act. Interior or USDA, as appropriate, shall retain the elected lands for conveyance to such states or unit of local government in accordance with that Act. The bill prescribes requirements for disposition of the gross proceeds of the sales of lands under this bill, including that: 15% be paid to the state where the sale takes place to be used to supplement the education of students in kindergarten through grade 12, to supplement public support of institutions of public higher education, and to supplement state agricultural and natural resource agencies; and 10% of such proceeds be deposited in a special account to be created in the Treasury which may be used for the acquisition of recreational beneficial lands and interests (providing an opportunity for hunting, recreational fishing, recreational shooting, recreational off-highway vehicles, or other recreational purposes, or to achieve better management of public lands through consolidation of federal ownership). | HEARD Act |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Job Creation
Through Innovation Act''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. USE OF ONLY SIMPLIFIED RESEARCH CREDIT AFTER 2011; EXPANSION
AND PERMANENT EXTENSION.
(a) Simplified Credit for Qualified Research Expenses.--Subsection
(a) of section 41 is amended to read as follows:
``(a) General Rule.--
``(1) Credit determined.--For purposes of section 38, the
research credit determined under this section for the taxable
year shall be an amount equal to 20 percent of so much of the
qualified research expenses for the taxable year as exceeds 50
percent of the average qualified research expenses for the 3
taxable years preceding the taxable year for which the credit
is being determined.
``(2) Special rule in case of no qualified research
expenses in any of 3 preceding taxable years.--
``(A) Taxpayers to which paragraph applies.--The
credit under this section shall be determined under
this paragraph if the taxpayer has no qualified
research expenses in any one of the 3 taxable years
preceding the taxable year for which the credit is
being determined.
``(B) Credit rate.--The credit determined under
this paragraph shall be equal to 10 percent of the
qualified research expenses for the taxable year.''.
(b) Conforming Amendments.--
(1) Termination of base amount calculation.--Section 41 is
amended by striking subsection (c) and redesignating subsection
(d) as subsection (c).
(2) Termination of basic research payment calculation.--
Section 41 is amended by striking subsection (e) and
redesignating subsections (f) and (g) as subsections (d) and
(e), respectively.
(3) Special rules.--
(A) Paragraph (1)(A)(ii) of subsection (d) of
section 41, as so redesignated, is amended by striking
``shares of the qualified research expenses, basic
research payments, and amounts paid or incurred to
energy research consortiums,'' and inserting ``share of
the qualified research expenses''.
(B) Paragraph (1)(B)(ii) of section 41(d), as so
redesignated, is amended by striking ``shares of the
qualified research expenses, basic research payments,
and amounts paid or incurred to energy research
consortiums,'' and inserting ``share of the qualified
research expenses''.
(C) Paragraph (3) of section 41(d), as so
redesignated, is amended--
(i) by striking ``, and the gross receipts
of the taxpayer'' and all that follows in
subparagraph (A) and inserting a period,
(ii) by striking ``, and the gross receipts
of the taxpayer'' and all that follows in
subparagraph (B) and inserting a period, and
(iii) by striking subparagraph (C).
(D) Paragraph (4) of section 41(d), as so
redesignated, is amended by striking ``and gross
receipts''.
(E) Subsection (d) of section 41, as so
redesignated, is amended by striking paragraph (6).
(4) Permanent extension.--
(A) Section 41 is amended by striking subsection
(h).
(B) Section 45C(b)(1) is amended by striking
subparagraph (D).
(5) Cross-references.--
(A) Paragraphs (2)(A) and (4) of section 41(b) are
each amended by striking ``subsection (f)(1)'' and
inserting ``subsection (d)(1)''.
(B) Paragraph (2) of section 45C(c) is amended by
striking ``base period research expenses'' and
inserting ``average qualified research expenses''.
(C) Paragraph (3) of section 45C(d) is amended by
striking ``section 41(f)'' and inserting ``section
41(d)''.
(D) Paragraph (2) of section 45G(e) is amended by
striking ``section 41(f)'' and inserting ``section
41(d)''.
(E) Subsection (g) of section 45O is amended by
striking ``section 41(f)'' and inserting ``section
41(d)''.
(F) Subparagraph (A) of section 54(l)(3) is amended
by striking ``section 41(g)'' and inserting ``section
41(e)''.
(G) Clause (i) of section 170(e)(4)(B) is amended
to read as follows:
``(i) the contribution is to a qualified
organization,''.
(H) Paragraph (4) of section 170(e) is amended by
adding at the end the following new subparagraph:
``(E) Qualified organization.--For purposes of this
paragraph, the term `qualified organization' means--
``(i) any educational organization which--
``(I) is an institution of higher
education (within the meaning of
section 3304(f)), and
``(II) is described in subsection
(b)(1)(A)(ii), or
``(ii) any organization not described in
clause (i) which--
``(I) is described in section
501(c)(3) and is exempt from tax under
section 501(a),
``(II) is organized and operated
primarily to conduct scientific
research, and
``(III) is not a private
foundation.''.
(I) Subsection (f) of section 197 is amended by
striking ``section 41(f)(1)'' each place it appears in
paragraphs (1)(C) and (9)(C)(i) and inserting ``section
41(d)(1)''.
(J) Section 280C is amended--
(i) by striking ``41(f)'' each place it
appears in subsection (b)(3) and inserting
``41(d)'',
(ii) by striking ``or basic research
expenses (as defined in section 41(e)(2))'' in
subsection (c)(1),
(iii) by striking ``section 41(a)(1)'' in
subsection (c)(2)(A) and inserting ``section
41(a)'', and
(iv) by striking ``or basic research
expenses'' in subsection (c)(2)(B).
(K) Subclause (IV)(c) of section 936(h)(5)(C)(i) is
amended by striking ``section 41(f)'' and inserting
``section 41(d)''.
(L) Subparagraph (D) of section 936(j)(5) is
amended by striking ``section 41(f)(3)'' and inserting
``section 41(d)(3)''.
(M) Clause (i) of section 965(c)(2)(C) is amended
by striking ``section 41(f)(3)'' and inserting
``section 41(d)(3)''.
(N) Clause (i) of section 1400N(l)(7)(B) is amended
by striking ``section 41(g)'' and inserting ``section
41(e)''.
(c) Technical Corrections.--Section 409 is amended--
(1) by inserting ``, as in effect before the enactment of
the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in
subsection (b)(1)(A),
(2) by inserting ``, as in effect before the enactment of
the Tax Reform Act of 1984'' after ``relating to the employee
stock ownership credit'' in subsection (b)(4),
(3) by inserting ``(as in effect before the enactment of
the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in
subsection (i)(1)(A),
(4) by inserting ``(as in effect before the enactment of
the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in
subsection (m),
(5) by inserting ``(as so in effect)'' after ``section
48(n)(1)'' in subsection (m),
(6) by inserting ``(as in effect before the enactment of
the Tax Reform Act of 1984)'' after ``section 48(n)'' in
subsection (q)(1), and
(7) by inserting ``(as in effect before the enactment of
the Tax Reform Act of 1984)'' after ``section 41'' in
subsection (q)(3).
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2011.
(2) Technical corrections.--The amendments made by
subsection (c) shall take effect on the date of the enactment
of this Act.
SEC. 3. ENHANCED RESEARCH CREDIT FOR DOMESTIC MANUFACTURERS.
(a) In General.--Section 41, as amended by section 3, is amended by
redesignating subsection (f) as subsection (g) and by inserting after
subsection (e) the following new subsection:
``(f) Enhanced Credit for Domestic Manufacturers.--
``(1) In general.--In the case of a qualified domestic
manufacturer, this section shall be applied by increasing the
20 percent amount in subsection (a)(1) by the bonus amount.
``(2) Qualified domestic manufacturer.--For purposes of
this subsection--
``(A) In general.--The term `qualified domestic
manufacturer' means a taxpayer who has domestic
production gross receipts which are more than 50
percent of total production gross receipts.
``(B) Domestic production gross receipts.--The term
`domestic production gross receipts' has the meaning
given to such term under section 199(c)(4).
``(C) Total production gross receipts.--The term
`total production gross receipts' means the gross
receipts of the taxpayer which are described in section
199(c)(4), determined--
``(i) without regard to whether property
described in subparagraph (A)(i)(I) or
(A)(i)(III) thereof was manufactured, produced,
grown, or extracted in the United States,
``(ii) by substituting `any property
described in section 168(f)(3)' for `any
qualified film' in subparagraph (A)(i)(II)
thereof, and
``(iii) without regard to whether any
construction described in subparagraph (A)(ii)
thereof or services described in subparagraph
(A)(iii) thereof were performed in the United
States.
``(3) Bonus amount.--For purposes of paragraph (1), the
bonus amount shall be determined as follows:
``If the percentage of total production The bonus amount is:
gross receipts which are domestic
production gross receipts is:
More than 50 percent and not more 2 percentage points
than 60 percent.
More than 60 percent and not more 4 percentage points
than 70 percent.
More than 70 percent and not more 6 percentage points
than 80 percent.
More than 80 percent and not more 8 percentage points
than 90 percent.
More than 90 percent................. 10 percentage points.''.
(b) Effective Date.--The amendment made by this section shall apply
to expenditures paid or incurred in taxable years beginning after
December 31, 2011.
SEC. 4. RESEARCH CREDIT MADE REFUNDABLE FOR SMALL BUSINESSES.
(a) In General.--Subsection (a) of section 41 of the Internal
Revenue Code of 1986, as amended by section 3, is amended by adding at
the end the following new paragraph:
``(3) Portion of credit refundable.--
``(A) In general.--For purposes of subsections (b)
and (c) of section 6401, the amount of the credit
determined under this section which is attributable to
a qualified small business shall be treated as a credit
allowed under subpart C of part IV of subchapter A for
the taxable year (and not under any other subpart). For
purposes of section 6425, any amount treated as so
allowed shall be treated as a payment of estimated
income tax for the taxable year.
``(B) Qualified small business.--For purposes of
this paragraph, the term `qualified small business'
means, with respect to any taxable year, any person if
the annual average number of employees employed by such
person during such taxable year is 500 or fewer.''.
(b) Conforming Amendment.--Section 1324(b)(2) of title 31, United
States Code, is amended by inserting ``41(a)(3),'' after ``36A,''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011.
SEC. 5. EXTENSION OF GRANTS FOR SPECIFIED ENERGY PROPERTY IN LIEU OF
TAX CREDITS.
(a) In General.--Subsection (a) of section 1603 of division B of
the American Recovery and Reinvestment Act of 2009 is amended--
(1) in paragraph (1), by striking ``or 2011'' and inserting
``2011, or 2012'', and
(2) in paragraph (2)--
(A) by striking ``after 2011'' and inserting
``after 2012'', and
(B) by striking ``or 2011'' and inserting ``2011,
or 2012''.
(b) Conforming Amendment.--Subsection (j) of section 1603 of
division B of such Act is amended by striking ``2012'' and inserting
``2013''.
SEC. 6. EXTENSION OF THE ADVANCED ENERGY PROJECT CREDIT.
(a) In General.--Subsection (d) of section 48C is amended by adding
at the end the following new paragraph:
``(6) Additional 2011 allocations.--
``(A) In general.--Not later than 180 days after
the date of the enactment of this paragraph, the
Secretary, in consultation with the Secretary of
Energy, shall establish a program to consider and award
certifications for qualified investments eligible for
credits under this section to qualifying advanced
energy project sponsors with respect to applications
received on or after the date of the enactment of this
paragraph.
``(B) Limitation.--The total amount of credits that
may be allocated under the program described in
subparagraph (A) shall not exceed the 2011 allocation
amount reduced by so much of the 2011 allocation amount
as is taken into account as an increase in the
limitation described in paragraph (1)(B).
``(C) Application of certain rules.--Rules similar
to the rules of paragraphs (2), (3), (4), and (5) shall
apply for purposes of the program described in
subparagraph (A), except that--
``(i) Certification.--Applicants shall have
2 years from the date that the Secretary
establishes such program to submit
applications.
``(ii) Selection criteria.--For purposes of
paragraph (3)(B)(i), the term `domestic job
creation (both direct and indirect)' means the
creation of direct jobs in the United States
producing the property manufactured at the
manufacturing facility described under
subsection (c)(1)(A)(i), and the creation of
indirect jobs in the manufacturing supply chain
for such property in the United States.
``(iii) Review and redistribution.--The
Secretary shall conduct a separate review and
redistribution under paragraph (5) with respect
to such program not later than 4 years after
the date of the enactment of this paragraph.
``(D) 2011 allocation amount.--For purposes of this
subsection, the term `2011 allocation amount' means
$5,000,000,000.
``(E) Direct payments.--In lieu of any qualifying
advanced energy project credit which would otherwise be
determined under this section with respect to an
allocation to a taxpayer under this paragraph, the
Secretary shall, upon the election of the taxpayer,
make a grant to the taxpayer in the amount of such
credit as so determined. Rules similar to the rules of
section 50 shall apply with respect to any grant made
under this subparagraph.''.
(b) Portion of 2011 Allocation Allocated Toward Pending
Applications Under Original Program.--Subparagraph (B) of section
48C(d)(1) is amended by inserting ``(increased by so much of the 2011
allocation amount (not in excess of $1,500,000,000) as the Secretary
determines necessary to make allocations to qualified investments with
respect to which qualifying applications were submitted before the date
of the enactment of paragraph (6))'' after ``$2,300,000,000''.
(c) Conforming Amendment.--Paragraph (2) of section 1324(b) of
title 31, United States Code, is amended by inserting ``48C(d)(6)(E),''
after ``36C,''. | Job Creation Through Innovation Act - Amends the Internal Revenue Code to: (1) increase and make permanent the tax credit for increasing research activities, (2) allow an increased research tax credit for manufacturers whose domestic production gross receipts are more than 50% of their total receipts, (3) make the research tax credit refundable for businesses with an average number of employees of 500 or fewer, and (4) expand the qualifying advanced energy project credit by allocating in 2011 $5 billion of grants or tax credit amounts to manufacturers of goods and components (other than for assembly of components) in the United States that are used in alternative energy projects.
Amends the American Recovery and Reinvestment Tax Act of 2009 to extend the grant program for investment in renewable energy property, including renewable resources used to produce electricity and fuel cell, solar, wind, geothermal, and microturbine property, in lieu of tax credits, by extending the placed-in-service deadline for such property through 2012. Extends through September 30, 2013, the deadline for submitting grant applications for such program. | A bill to amend the Internal Revenue Code of 1986 to permanently extend and modify the research tax credit, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Right Rebate Act of 2018''.
SEC. 2. PREVENTING THE MISCLASSIFICATION OF DRUGS UNDER THE MEDICAID
DRUG REBATE PROGRAM.
(a) Application of Civil Money Penalty for Misclassification of
Covered Outpatient Drugs.--
(1) In general.--Section 1927(b)(3) of the Social Security
Act (42 U.S.C. 1396r-8(b)(3)) is amended--
(A) in the paragraph heading, by inserting ``and
drug product'' after ``price'';
(B) in subparagraph (A)--
(i) in clause (ii), by striking ``; and''
at the end and inserting a semicolon;
(ii) in clause (iii), by striking the
period at the end and inserting a semicolon;
(iii) in clause (iv), by striking the
semicolon at the end and inserting ``; and'';
and
(iv) by inserting after clause (iv) the
following new clause:
``(v) not later than 30 days after the last
day of each month of a rebate period under the
agreement, such drug product information as the
Secretary shall require for each of the
manufacturer's covered outpatient drugs.''; and
(C) in subparagraph (C)--
(i) in clause (ii), by inserting
``including information related to drug
pricing, drug product information, and data
related to drug pricing or drug product
information,'' after ``provides false
information,''; and
(ii) by adding at the end the following new
clauses:
``(iii) Misclassified or misreported
information.--
``(I) In general.--Any manufacturer
with an agreement under this section
that knowingly (as defined in section
1003.110 of title 42, Code of Federal
Regulations (or any successor
regulation)) misclassifies a covered
outpatient drug, such as by knowingly
submitting incorrect drug category
information, is subject to a civil
money penalty for each covered
outpatient drug that is misclassified
in an amount not to exceed 2 times the
amount of the difference, as determined
by the Secretary, between--
``(aa) the total amount of
rebates that the manufacturer
paid with respect to the drug
to all States for all rebate
periods during which the drug
was misclassified; and
``(bb) the total amount of
rebates that the manufacturer
would have been required to
pay, as determined by the
Secretary, with respect to the
drug to all States for all
rebate periods during which the
drug was misclassified if the
drug had been correctly
classified.
``(II) Other penalties and recovery
of underpaid rebates.--The civil money
penalties described in subclause (I)
are in addition to other penalties as
may be prescribed by law and any other
recovery of the underlying underpayment
for rebates due under this section or
the terms of the rebate agreement as
determined by the Secretary.
``(iv) Increasing oversight and
enforcement.--Each year the Secretary shall
retain, in addition to any amount retained by
the Secretary to recoup investigation and
litigation costs related to the enforcement of
the civil money penalties under this
subparagraph and subsection (c)(4)(B)(ii)(III),
an amount equal to 25 percent of the total
amount of civil money penalties collected under
this subparagraph and subsection
(c)(4)(B)(ii)(III) for the year, and such
retained amount shall be available to the
Secretary, without further appropriation and
until expended, for activities related to the
oversight and enforcement of this section and
agreements under this section, including--
``(I) improving drug data reporting
systems;
``(II) evaluating and ensuring
manufacturer compliance with rebate
obligations; and
``(III) oversight and enforcement
related to ensuring that manufacturers
accurately and fully report drug
information, including data related to
drug classification.''; and
(iii) in subparagraph (D)--
(I) in clause (iv), by striking ``;
and'' and inserting a semicolon;
(II) in clause (v), by striking the
period and inserting ``; and''; and
(III) by inserting after clause (v)
the following new clause:
``(vi) in the case of categories of drug
product or classification information that were
not considered confidential by the Secretary on
the day before the date of the enactment of the
Right Rebate Act of 2018.''.
(2) Technical amendments.--
(A) Section 1903(i)(10) of the Social Security Act
(42 U.S.C. 1396b(i)(10)) is amended--
(i) in subparagraph (C)--
(I) by adjusting the left margin so
as to align with the left margin of
subparagraph (B); and
(II) by striking ``, and'' and
inserting a semicolon;
(ii) in subparagraph (D), by striking ``;
or'' and inserting ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(E) with respect to any amount expended for a
covered outpatient drug for which a suspension under
section 1927(c)(4)(B)(ii)(II) is in effect; or''.
(B) Section 1927(b)(3)(C)(ii) of the Social
Security Act (42 U.S.C. 1396r-8(b)(3)(C)(ii)) is
amended by striking ``subsections (a) and (b)'' and
inserting ``subsections (a), (b), (f)(3), and (f)(4)''.
(b) Recovery of Unpaid Rebate Amounts Due to Misclassification of
Covered Outpatient Drugs.--
(1) In general.--Section 1927(c) of the Social Security Act
(42 U.S.C. 1396r-8(c)) is amended by adding at the end the
following new paragraph:
``(4) Recovery of unpaid rebate amounts due to
misclassification of covered outpatient drugs.--
``(A) In general.--If the Secretary determines that
a manufacturer with an agreement under this section
paid a lower per-unit rebate amount to a State for a
rebate period as a result of the misclassification by
the manufacturer of a covered outpatient drug (without
regard to whether the manufacturer knowingly made the
misclassification or should have known that the
misclassification would be made) than the per-unit
rebate amount that the manufacturer would have paid to
the State if the drug had been correctly classified,
the manufacturer shall pay to the State an amount equal
to the product of--
``(i) the difference between--
``(I) the per-unit rebate amount
paid to the State for the period; and
``(II) the per-unit rebate amount
that the manufacturer would have paid
to the State for the period, as
determined by the Secretary, if the
drug had been correctly classified; and
``(ii) the total units of the drug paid for
under the State plan in the period.
``(B) Authority to correct misclassifications.--
``(i) In general.--If the Secretary
determines that a manufacturer with an
agreement under this section has misclassified
a covered outpatient drug (without regard to
whether the manufacturer knowingly made the
misclassification or should have known that the
misclassification would be made), the Secretary
shall notify the manufacturer of the
misclassification and require the manufacturer
to correct the misclassification in a timely
manner.
``(ii) Enforcement.--If, after receiving
notice of a misclassification from the
Secretary under clause (i), a manufacturer
fails to correct the misclassification by such
time as the Secretary shall require, until the
manufacturer makes such correction, the
Secretary may--
``(I) correct the misclassification
on behalf of the manufacturer;
``(II) suspend the misclassified
drug and the drug's status as a covered
outpatient drug under the
manufacturer's national rebate
agreement; or
``(III) impose a civil money
penalty (which shall be in addition to
any other recovery or penalty which may
be available under this section or any
other provision of law) for each rebate
period during which the drug is
misclassified not to exceed an amount
equal to the product of--
``(aa) the total number of
units of each dosage form and
strength of such misclassified
drug paid for under any State
plan during such a rebate
period; and
``(bb) 23.1 percent of the
average manufacturer price for
the dosage form and strength of
such misclassified drug.
``(C) Reporting and transparency.--
``(i) In general.--The Secretary shall
submit a report to Congress on at least an
annual basis that includes information on the
covered outpatient drugs that have been
identified as misclassified, the steps taken to
reclassify such drugs, the actions the
Secretary has taken to ensure the payment of
any rebate amounts which were unpaid as a
result of such misclassification, and a
disclosure of expenditures from the fund
created in subsection (b)(3)(C)(iv), including
an accounting of how such funds have been
allocated and spent in accordance with such
subsection.
``(ii) Public access.--The Secretary shall
make the information contained in the report
required under clause (i) available to the
public on a timely basis.
``(D) Other penalties and actions.--Actions taken
and penalties imposed under this clause shall be in
addition to other remedies available to the Secretary
including terminating the manufacturer's rebate
agreement for noncompliance with the terms of such
agreement and shall not exempt a manufacturer from, or
preclude the Secretary from pursuing, any civil money
penalty under this title or title XI, or any other
penalty or action as may be prescribed by law.''.
(2) Offset of recovered amounts against medical
assistance.--Section 1927(b)(1)(B) of the Social Security Act
(42 U.S.C. 1396r-8(b)(1)(B)) is amended by inserting ``,
including amounts received by a State under subsection
(c)(4),'' after ``in any quarter''.
(c) Clarifying Definitions.--Section 1927(k)(7)(A) of the Social
Security Act (42 U.S.C. 1396r-8(k)(7)(A)) is amended--
(1) by striking ``an original new drug application'' and
inserting ``a new drug application'' each place it appears;
(2) in clause (i), by inserting ``but including a drug
product approved for marketing as a non-prescription drug that
is regarded as a covered outpatient drug under paragraph (4)''
after ``drug described in paragraph (5)'';
(3) in clause (ii), by striking ``was originally marketed''
and inserting ``is marketed''; and
(4) in clause (iv)--
(A) by inserting ``, including a drug product
approved for marketing as a non-prescription drug that
is regarded as a covered outpatient drug under
paragraph (4),'' after ``covered outpatient drug''; and
(B) by adding at the end the following new
sentence: ``Such term also includes a covered
outpatient drug that is a biological product licensed,
produced, or distributed under a biologics license
application approved by the Food and Drug
Administration.''
(d) Exclusion of Manufacturers for Knowing Misclassification of
Covered Outpatient Drugs.--Section 1128(b) of the Social Security Act
(42 U.S.C. 1320a-7(b)) is amended by adding at the end the following
new paragraph:
``(17) Knowingly misclassifying covered outpatient drugs.--
Any manufacturer or officer, director, agent, or managing
employee of such manufacturer that knowingly misclassifies a
covered outpatient drug under an agreement under section 1927,
knowingly fails to correct such misclassification, or knowingly
provides false information related to drug pricing, drug
product information, or data related to drug pricing or drug
product information.''.
(e) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, and shall apply to
covered outpatient drugs supplied by manufacturers under agreements
under section 1927 of the Social Security Act (42 U.S.C. 1396r-8) on or
after such date. | Right Rebate Act of 2018 This bill requires drug manufacturers with Medicaid rebate agreements for covered outpatient drugs to disclose drug product information. Manufacturers are subject to civil penalties for knowingly misclassifying drugs. Manufacturers are also required to compensate for rebates that were initially underpaid as a result of misclassification (whether or not such misclassification was committed knowingly). | Right Rebate Act of 2018 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Waterfront Brownfields
Revitalization Act''.
SEC. 2. WATERFRONT BROWNFIELDS GRANT.
Section 104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is
amended--
(1) by redesignating paragraphs (4) through (12) as
paragraphs (5) through (13), respectively;
(2) in paragraph (3)(A) by striking ``paragraphs (4) and
(5)'' and inserting ``paragraphs (5) and (6)'';
(3) by inserting after paragraph (3) the following:
``(4) Grants for waterfront brownfields revitalization.--
``(A) In general.--Subject to paragraphs (5) and
(6), the President shall establish a program to provide
grants to eligible entities or nonprofit organizations
to be used at one or more waterfront brownfields sites.
``(B) Use of funds.--Such grants may be used for
reuse planning, site characterization and assessment,
or remediation at waterfront brownfields sites,
including the integration of activities related to the
design and implementation of water quality
improvements, low impact development approaches, green
infrastructure, remediation and management of
sediments, or flood damage prevention associated with
brownfields remediation and reuse.
``(C) Waterfront brownfields site defined.--In this
section, the term `waterfront brownfields site' means a
brownfields site any part of which is adjacent to a
body of water.'';
(4) in paragraph (5)(A) (as redesignated by paragraph (1)
of this section) by inserting after clause (ii) the following:
``(iii) Waterfront brownfields
revitalization.--A grant made to an eligible
entity or nonprofit organization under
paragraph (4) may not exceed $500,000.'';
(5) in paragraph (7)(A) (as redesignated by paragraph (1)
of this section) by inserting ``waterfront brownfields
revitalization,'' after ``community involvement,''; and
(6) by striking paragraph (13) (as redesignated by
paragraph (1) of this section) and inserting the following:
``(13) Funding.--
``(A) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $220,000,000 for each of fiscal years 2010
through 2014.
``(B) Use of certain funds.--Of the amounts made
available under subparagraph (A) for a fiscal year
$55,000,000, or, if the amount made available is less
than $220,000,000, 25 percent of the amount made
available, shall be used for site characterization,
assessment, and remediation of facilities described in
section 101(39)(D)(ii)(II).
``(C) Waterfront brownfields revitalization.--There
are authorized to be appropriated such sums as may be
necessary for waterfront brownfields revitalization
grants under paragraph (4).''.
SEC. 3. TASK FORCE.
(a) Establishment.--The Administrator of the Environmental
Protection Agency shall establish and serve as chairperson of a task
force on waterfront brownfields revitalization.
(b) Membership.--Members of the task force shall include
representatives who have expertise in waterfronts or brownfields
revitalization, including representatives from the following:
(1) The Environmental Protection Agency.
(2) The National Oceanographic and Atmospheric
Administration.
(3) The Army Corps of Engineers.
(4) The Department of Transportation.
(5) The Department of Housing and Urban Development.
(6) The Economic Development Administration.
(7) The United States Fish and Wildlife Service.
(8) State and local governments.
(9) Community-based organizations and other interested
parties.
(10) Any additional entities the Administrator chooses to
include.
(c) Duties.--The task force shall identify--
(1) current and potential funding and technical assistance
resources for waterfront brownfields revitalization;
(2) barriers to and solutions for waterfront brownfields
revitalization; and
(3) methods to coordinate interagency efforts for
waterfront brownfields revitalization.
(d) Report.--Not later than 3 years after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report detailing the findings of the task force on
improving waterfront brownfields revitalization.
SEC. 4. ANNUAL REPORT.
(a) In General.--The Administrator of the Environmental Protection
Agency shall submit to the Committee on Energy and Commerce and the
Committee on Transportation and Infrastructure of the House of
Representatives an annual report on the implementation of the
brownfield site characterization and assessment grant program
authorized by section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)).
(b) Committee Hearings on Annual Report.--
(1) In general.--During each year, the Committee on Energy
and Commerce and the Committee on Transportation and
Infrastructure of the House of Representatives shall each hold
a hearing on the annual report submitted by the Administrator
under subsection (a).
(2) Exercise of rulemaking authority.--The provisions of
paragraph (1) are enacted--
(A) as an exercise of the rulemaking power of the
House of Representatives, and, as such, they shall be
considered as part of the rules of the House, and such
rules shall supersede any other rule of the House only
to the extent that rule is inconsistent therewith; and
(B) with full recognition of the constitutional
right of the House to change such rules (so far as
relating to the procedure in the House) at any time, in
the same manner, and to the same extent as in the case
of any other rule of the House. | Waterfront Brownfields Revitalization Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to require the President to establish a grant program for reuse planning, site characterization and assessment, or remediation at waterfront brownfields sites, including the integration of activities related to the design and implementation of water quality improvements, low impact development approaches, green infrastructure, remediation and management of sediments, or flood damage prevention associated with brownfields remediation and reuse.
Authorizes the Administrator of the Environmental Protection Agency (EPA) to provide training, research, and technical assistance to individuals and organizations to facilitate waterfront brownfields revitalization.
Authorizes funding for brownfields revitalization for FY2010-FY2014.
Requires the Administrator to establish and serve as chairperson of a task force on waterfront brownfields revitalization that shall identify: (1) funding and technical assistance resources for such revitalization; (2) barriers to and solutions for revitalization; and (3) methods to coordinate interagency revitalization efforts.
Directs: (1) the Administrator to submit to specified congressional committees an annual report on the implementation of the brownfield site characterization and assessment grant program authorized by CERCLA; and (2) such committees to hold hearings each year on such report. | To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to provide grants for the revitalization of waterfront brownfields, and for other purposes. |
SECTION 1. ELIMINATION OF QUOTA AND PRICE SUPPORT PROGRAMS FOR PEANUTS.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of Agriculture and the Commodity Credit Corporation may not
provide loans, purchases, payments, or other operations or take any
other action to support the price, or adjust or control the production,
of peanuts by using the funds of the Commodity Credit Corporation or
under the authority of any law.
(b) Marketing Quotas.--
(1) In general.--Part VI of subtitle B of title III of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1357 et seq.) is
repealed.
(2) Conforming amendments.--
(A) Definitions.--Section 301(b) of the Act (7
U.S.C. 1301(b)) is amended--
(i) in paragraph (3)(A), by striking
``corn, rice, and peanuts'' and inserting
``corn and rice'';
(ii) in paragraph (6), by striking
subparagraph (C);
(iii) in paragraph (10)(A)--
(I) by striking ``wheat, and
peanuts'' and inserting ``and wheat'';
and
(II) by striking ``; 20 per centum
in the case of wheat; and 15 per centum
in the case of peanuts'' and inserting
``; and 20 percent in the case of
wheat'';
(iv) in paragraph (13)--
(I) by striking subparagraphs (B)
and (C); and
(II) in subparagraph (G), by
striking ``or peanuts'' both places it
appears; and
(v) in paragraph (16)(A), by striking
``rice, and peanuts'' and inserting ``and
rice''.
(B) Administrative provisions.--Section 361 of the
Act (7 U.S.C. 1361) is amended by striking
``peanuts,''.
(C) Adjustment of quotas.--Section 371 of the Act
(7 U.S.C. 1371) is amended--
(i) in the first sentence of subsection
(a), by striking ``peanuts,''; and
(ii) in the first sentence of subsection
(b), by striking ``peanuts''.
(D) Reports and records.--Section 373 of the Act (7
U.S.C. 1373) is amended--
(i) in subsection (a), by striking the
first sentence and inserting the following new
sentence: ``This subsection shall apply to
warehousemen, processors, and common carriers
of corn, wheat, cotton, rice, or tobacco, and
all ginners of cotton, all persons engaged in
the business of purchasing corn, wheat, cotton,
rice, or tobacco from producers, and all
persons engaged in the business of redrying,
prizing, or stemming tobacco for producers.'';
and
(ii) in subsection (b), by striking
``peanuts,''.
(E) Regulations.--Section 375(a) of the Act (7
U.S.C. 1375(a)) is amended by striking ``peanuts,''.
(F) Eminent domain.--The first sentence of section
378(c) of the Act (7 U.S.C. 1378(c)) is amended by
striking ``cotton, tobacco, and peanuts,'' and
inserting ``cotton and tobacco,''.
(c) Price Support Program.--
(1) Permanent price support.--Section 101(b) of the
Agricultural Act of 1949 (7 U.S.C. 1441 et seq.) is amended by
striking ``and peanuts''.
(2) Temporary price support.--Sections 108, 108A, and 108B
of the Act (7 U.S.C. 1445c through 1445c-3) are repealed.
(3) Conforming amendments.--
(A) Section 301 of the Act (7 U.S.C. 1447) is
amended by inserting after ``nonbasic agricultural
commodity'' the following: ``(other than peanuts)''.
(B) Section 408(c) of the Act (7 U.S.C. 1428(c)) is
amended by striking ``peanuts,''.
(C) Section 5(a) of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714c(a)) is amended
by inserting after ``agricultural commodities'' the
following: ``(other than peanuts)''.
(c) Liability.--A provision of this section or an amendment made by
this section shall not affect the liability of any person under any
provision of law as in effect before the application of the provision
of this section or the amendment in accordance with subsection (d).
(d) Application.--This section and the amendments made by this
section shall apply beginning with the 1996 crop of peanuts. | Amends the Agricultural Adjustment Act of 1938 and the Agricultural Act of 1949 to repeal respective peanut quota and price support programs. | A bill to eliminate the quota and price support programs for peanuts, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Get Foreign Money Out of U.S.
Elections Act''.
SEC. 2. APPLICATION OF BAN ON CONTRIBUTIONS AND EXPENDITURES BY FOREIGN
NATIONALS TO DOMESTIC CORPORATIONS THAT ARE FOREIGN-
CONTROLLED, FOREIGN-INFLUENCED, AND FOREIGN-OWNED.
(a) Application of Ban.--Section 319(b) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30121(b)) is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) any corporation which is not a foreign national
described in paragraph (1) and--
``(A) in which a foreign national described in
paragraph (1) or (2) directly or indirectly owns or
controls--
``(i) 5 percent or more of the voting
shares, if the foreign national is a foreign
country, a foreign government official, or a
corporation principally owned or controlled by
a foreign country or foreign government
official; or
``(ii) 20 percent or more of the voting
shares, if the foreign national is not
described in clause (i);
``(B) in which two or more foreign nationals
described in paragraph (1) or (2), each of whom owns or
controls at least 5 percent of the voting shares,
directly or indirectly own or control 50 percent or
more of the voting shares;
``(C) over which one or more foreign nationals
described in paragraph (1) or (2) has the power to
direct, dictate, or control the decisionmaking process
of the corporation with respect to its interests in the
United States; or
``(D) over which one or more foreign nationals
described in paragraph (1) or (2) has the power to
direct, dictate, or control the decisionmaking process
of the corporation with respect to activities in
connection with a Federal, State, or local election,
including--
``(i) the making of a contribution,
donation, expenditure, independent expenditure,
or disbursement for an electioneering
communication (within the meaning of section
304(f)(3)); or
``(ii) the administration of a political
committee established or maintained by the
corporation.''.
(b) Certification of Compliance.--Section 319 of such Act (52
U.S.C. 30121) is amended by adding at the end the following new
subsection:
``(c) Certification of Compliance Required Prior to Carrying Out
Activity.--Prior to the making in connection with an election for
Federal office of any contribution, donation, expenditure, independent
expenditure, or disbursement for an electioneering communication by a
corporation during a year, the chief executive officer of the
corporation (or, if the corporation does not have a chief executive
officer, the highest ranking official of the corporation), shall file a
certification with the Commission, under penalty of perjury, that the
corporation is not prohibited from carrying out such activity under
subsection (b)(3), unless the chief executive officer has previously
filed such a certification during the year.''.
(c) Effective Date.--The amendments made by this section shall take
effect upon the expiration of the period which begins on the date of
the enactment of this Act, and shall take effect without regard to
whether or not the Federal Election Commission has promulgated
regulations to carry out such amendments.
SEC. 3. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN TO CERTAIN
DISBURSEMENTS AND ACTIVITIES.
(a) Application to Disbursements to Super PACs.--Section
319(a)(1)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C.
30121(a)(1)(A)) is amended by striking the semicolon and inserting the
following: ``, including any disbursement to a political committee
which accepts donations or contributions that do not comply with the
limitations, prohibitions, and reporting requirements of this Act (or
any disbursement to or on behalf of any account of a political
committee which is established for the purpose of accepting such
donations or contributions);''.
(b) Conditions Under Which Corporate PACs May Make Contributions
and Expenditures.--Section 316(b) of such Act (52 U.S.C. 30118(b)) is
amended by adding at the end the following new paragraph:
``(8) A separate segregated fund established by a corporation may
not make a contribution or expenditure during a year unless the year
the fund has certified to the Commission the following during the year:
``(A) Each individual who manages the fund, and who is
responsible for exercising the decisionmaking authority of the
fund, is a citizen of the United States or is lawfully admitted
for permanent residence in the United States.
``(B) No foreign national under section 319 participates in
any way in the decisionmaking processes of the fund with regard
to contributions or expenditures under this Act.
``(C) The fund does not solicit or accept recommendations
from any foreign national under section 319 with respect to the
contributions or expenditures made by the fund.
``(D) Any member of the board of directors of the
corporation who is a foreign national under section 319
abstains from voting on matters concerning the fund or its
activities.''. | Get Foreign Money Out of U.S. Elections Act This bill amends the Federal Election Campaign Act of 1971 (FECA) to ban campaign contributions and expenditures by corporations that are controlled, influenced, or owned by foreign nationals. Foreign nationals and such corporations may not make disbursements to political committees that accept donations or contributions that do not comply with the limitations, prohibitions, and reporting requirements of FECA. Corporate political action committees may make contributions and expenditures only if they comply with limitations on the involvement of foreign nationals and such corporations. | Get Foreign Money Out of U.S. Elections Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Western Water Recycling and Drought
Relief Act''.
SEC. 2. WESTERN RECYCLED WATER PROJECT AUTHORIZATIONS.
(a) Authorizations.--The Reclamation Wastewater and Groundwater
Study and Facilities Act (43 U.S.C. 390h et seq.) is amended by adding
at the end the following:
``SEC. 16__. BENICIA WATER REUSE PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City
of Benicia, California, is authorized to participate in the design,
planning, and construction of recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $6,750,000.
``SEC. 16__. BRENTWOOD RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City
of Brentwood, California, is authorized to participate in the design,
planning, and construction of recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,200,000.
``SEC. 16__. CENTRAL DUBLIN RECYCLED WATER DISTRIBUTION AND RETROFIT
PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the Dublin
San Ramon Services District, California, is authorized to participate
in the design, planning, and construction of recycled water system
facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,150,000.
``SEC. 16__. CENTRAL REDWOOD CITY RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City
of Redwood City, California, is authorized to participate in the
design, planning, and construction of recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $7,500,000.
``SEC. 16__. CITY OF PLEASANTON RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City
of Pleasanton, California, is authorized to participate in the design,
planning, and construction of recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000.
``SEC. 16__. CONCORD RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the
Central Contra Costa Sanitary District, California, is authorized to
participate in the design, planning, and construction of recycled water
system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000.
``SEC. 16__. CONTRA COSTA COUNTY REFINERY RECYCLED WATER PROJECT, PHASE
1.
``(a) Authorization.--The Secretary, in cooperation with the
Central Contra Costa Sanitary District, California, is authorized to
participate in the design, planning, and construction of recycled water
system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $6,250,000.
``SEC. 16__. DELTA DIABLO RECYCLED WATER SYSTEM EXPANSION PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the Delta
Diablo, California, is authorized to participate in the design,
planning, and construction of recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $8,500,000.
``SEC. 16__. DELTA DIABLO HIGH PURITY WATER TREATMENT FACILITY.
``(a) Authorization.--The Secretary, in cooperation with the Delta
Diablo, California, is authorized to participate in the design,
planning, and construction of recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $12,500,000.
``SEC. 16__. DUBLIN AND SAN RAMON RECYCLED WATER EXPANSION PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the Dublin
San Ramon Services District and the Dublin San Ramon Services District/
East Bay Municipal Utility District Recycled Water Authority (DERWA),
California, is authorized to participate in the design, planning, and
construction of recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $6,300,000.
``SEC. 16__. HAYWARD RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City
of Hayward, California, is authorized to participate in the design,
planning, and construction of recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000.
``SEC. 16__. IRONHOUSE SANITARY DISTRICT CYPRESS RECYCLED WATER
PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the
Ironhouse Sanitary District, California, is authorized to participate
in the design, planning, and construction of recycled water
distribution systems.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000.
``SEC. 16__. IRONHOUSE SANITARY DISTRICT INDUSTRIAL RECYCLED WATER
PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the
Ironhouse Sanitary District, California, is authorized to participate
in the design, planning, and construction of recycled water
distribution systems.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,500,000.
``SEC. 16__. IRONHOUSE SANITARY DISTRICT DIRECT POTABLE REUSE PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the
Ironhouse Sanitary District, California, is authorized to participate
in the design, planning, and construction of recycled water
distribution systems.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000.
``SEC. 16__. MOUNTAIN VIEW RECYCLED WATER SYSTEM EXPANSION.
``(a) Authorization.--The Secretary, in cooperation with the City
of Mountain View, California, is authorized to participate in the
design, planning, and construction of recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000.
``SEC. 16__. NORTH VALLEY REGIONAL RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City
of Turlock, California, is authorized to participate in the design,
planning, and construction of recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000.
``SEC. 16__. PALO ALTO RECYCLED WATER PIPELINE PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City
of Palo Alto, California, is authorized to participate in the design,
planning, and construction of recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $8,250,000.
``SEC. 16__. PURE WATER MONTEREY A GROUNDWATER REPLENISHMENT PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the
Monterey Regional Water Pollution Control Agency, California, is
authorized to participate in the design, planning, and construction of
recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $7,500,000.
``SEC. 16__. SAN JOSE WATER COMPANY RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the San
Jose Water Company, California, is authorized to participate in the
design, planning, and construction of recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $6,000,000.
``SEC. 16__. SUNNYVALE CONTINUOUS RECYCLED WATER PRODUCTION PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City
of Sunnyvale, California, is authorized to participate in the design,
planning, and construction of recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $500,000.
``SEC. 16__. WAIKOLOA BEACH RESORT WASTEWATER RECLAMATION FACILITY
EXPANSION PROJECT.
``(a) Authorization.--The Secretary, in cooperation with Hawaii
Water Service Company, Waikoloa, Hawaii, is authorized to participate
in the design, planning, and construction of recycled water system
facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000.
``SEC. 16__. WEST BAY SANITARY DISTRICT RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the West
Bay Sanitary District, California, is authorized to participate in the
design, planning, and construction of recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000.
``SEC. 16__. WOLFE ROAD RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the Santa
Clara Valley Water District and the City of Sunnyvale, California, is
authorized to participate in the design, planning, and construction of
recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $4,375,000.''.
(b) Project Implementation.--In carrying out sections 1642 through
1648 of the Reclamation Wastewater and Groundwater Study and Facilities
Act, and the sections added to such Act by subsection (a), the
Secretary shall enter into individual agreements with the Western
Recycled Water Coalition participating agencies to fund the projects,
and shall include in such agreements a provision for the reimbursement
of design, planning and construction costs, including those costs
incurred prior to the enactment of this Act, subject to appropriations
made available for the Federal share of the project under sections 1642
through 1648 of the Reclamation Wastewater and Groundwater Study and
Facilities Act and the sections added to such Act by subsection (a).
(c) Clerical Amendments.--The table of contents of the Reclamation
Projects Authorization and Adjustment Act of 1992 (43 U.S.C. prec. 371)
(as amended by section 512(a) of the Consolidated Natural Resources Act
of 2008) is amended by adding at the end the following:
``Sec. 16__. Benicia water reuse project.
``Sec. 16__. Brentwood recycled water project.
``Sec. 16__. Central Dublin recycled water distribution and retrofit
project.
``Sec. 16__. Central Redwood City recycled water project.
``Sec. 16__. City of Pleasanton recycled water project.
``Sec. 16__. Concord recycled water project.
``Sec. 16__. Contra Costa County refinery recycled water project, phase
1.
``Sec. 16__. Delta Diablo recycled water system expansion project.
``Sec. 16__. Delta Diablo high purity water treatment facility.
``Sec. 16__. Dublin and San Ramon recycled water expansion project.
``Sec. 16__. Hayward recycled water project.
``Sec. 16__. Ironhouse Sanitary District Cypress recycled water
project.
``Sec. 16__. Ironhouse Sanitary District industrial recycled water
project.
``Sec. 16__. Ironhouse Sanitary District direct potable reuse project.
``Sec. 16__. Mountain View recycled water system expansion.
``Sec. 16__. North Valley Regional recycled water project.
``Sec. 16__. Palo Alto recycled water pipeline project.
``Sec. 16__. Pure Water Monterey a groundwater replenishment project.
``Sec. 16__. San Jose Water Company recycled water project.
``Sec. 16__. Sunnyvale continuous recycled water production project.
``Sec. 16__. Waikoloa Beach Resort Wastewater Reclamation Facility
expansion project.
``Sec. 16__. West Bay Sanitary District recycled water project.
``Sec. 16__. Wolfe Road recycled water project.''.
SEC. 3. MODIFICATION TO AUTHORIZED PROJECTS.
(a) Antioch Recycled Water Project.--Section 1644(d) of the
Reclamation Wastewater and Groundwater Study and Facilities Act (43
U.S.C. 390h-27) (as amended by section 512(a) of the Consolidated
Natural Resources Act of 2008) is amended by striking ``$2,250,000''
and inserting ``$3,200,000''.
(b) South Santa Clara County Recycled Water Project in Santa Clara
County.--Section 1644(d) of the Reclamation Wastewater and Groundwater
Study and Facilities Act (43 U.S.C. 390h-27) (as amended by section
512(a) of the Consolidated Natural Resources Act of 2008) is amended by
striking ``$7,000,000'' and inserting ``$17,950,000''. | Western Water Recycling and Drought Relief Act This bill amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Department of the Interior to participate in the design, planning, and construction of recycled water system facilities in California in cooperation with: the cities of Benicia, Brentwood, Redwood City, Pleasanton, Hayward, Mountain View, Palo Alto, Sunnyvale, and Turlock; the Dublin San Ramon Services District and the Dublin San Ramon Services District/East Bay Municipal Utility District Recycled Water Authority; the Santa Clara Valley Water District; the Central Contra Costa Sanitary District; the Delta Diablo; the Ironhouse Sanitary District; the Monterey Regional Water Pollution Control Agency; the San Jose Water Company; and the West Bay Sanitary District. The bill also authorizes Interior to participate in the design, planning, and construction of recycled water system facilities in Hawaii in cooperation with Hawaii Water Service Company, Waikoloa. The federal share of each project is limited to 25%. Interior must: (1) enter into individual agreements with the Western Recycled Water Coalition participating agencies to fund such projects (as well as existing projects done in cooperation with the California cities of Palo Alto, Mountain View, Pittsburg, Antioch, Redwood City, and San Jose and the Delta Diablo Sanitation District, the North Coast County Water District, the South County Regional Wastewater Authority, and the Santa Clara Valley Water District); and (2) include in such agreements a provision for the reimbursement of design, planning, and construction costs. The bill increases the authorization of appropriations for the recycled water system facilities of: (1) Antioch and the Delta Diablo Sanitation District, and (2) the South County Regional Wastewater Authority and the Santa Clara Valley Water District. | Western Water Recycling and Drought Relief Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``9/11 Can You Hear Me Now Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) After two terrorist attacks it is time to fix the
communications system for the New York City Fire Department.
(2) During its response to the 1993 bombing of the World
Trade Center in New York City, the New York City Fire
Department's radios did not work in the twin towers of the
World Trade Center. The resulting lack of communication
complicated operations but did not result in the death of any
firefighter.
(3) Eight years later, on September 11, 2001, the World
Trade Center was attacked again and the fire department's radio
system failed again.
(4) Soon before the collapse of Tower One of the World
Trade Center, fire department officials tried in vain to radio
firefighters to evacuate the building.
(5) The firefighters' radio system failed the firefighters
in Tower One and as a result many were not able to receive this
warning. The failure of the radio system was largely
responsible for the death of many of the 343 firefighters who
died in the collapse of the World Trade Center twin towers.
(6) Since September 11, 2001, the fire department has taken
steps to improve the communications system that failed them.
However, many tall buildings in New York City have not
installed repeaters that are needed to boost signals, and the
signals are often lost in high-rise buildings and underground.
(7) In August 2003, New York City experienced a blackout.
During the blackout the fire department's radio system was
again found not to work reliably during emergency situations or
in high buildings.
(8) The dispatch system currently used by the New York City
Fire Department was acquired in the early 1970s and hampers the
ability of the department to fully communicate with its
firefighters and provide appropriate detailed information about
the buildings and locations to which they respond.
(9) Since the terrorist attacks of September 11, 2001,
executive branch officials have repeatedly warned that future
terror attacks are not a matter of if, but when. The Secretary
of Homeland Security has identified New York City as one of the
main terrorist targets.
(10) With New York City remaining a top terrorist target,
such communications system should be a national priority.
(11) A new state-of-the-art communications system and
upgrades to the critical information dispatch system for the
New York City Fire Department should be--
(A) seamless from the receipt of a 911 call to the
dispatch of the firefighter; and
(B) interoperable with other public safety offices
within the City of New York.
SEC. 3. REQUIREMENT TO PROCURE COMMUNICATIONS SYSTEM FOR NEW YORK CITY
FIRE DEPARTMENT.
(a) In General.--The Secretary of Homeland Security shall, by not
later than 1 year after the date of the enactment of this Act, procure
development and provision of a communications system for the New York
City Fire Department, including appropriate radios for the entire
department and upgrades to the critical information dispatch system of
the department.
(b) Requirements.--
(1) Radios.--Radios procured pursuant to this section must
be capable of operating in all locations, and under all
conditions, in which firefighters can reasonably be expected to
work in responding to an emergency in New York City.
(2) Supplemental communication device.--Any communications
system procured pursuant to this section must include provision
to each firefighter of a supplemental radio communication
device that--
(A) allows the firefighter to transmit audio and
radio emergency notification warning signals to other
firefighters whenever the firefighter is in distress
and in immediate need of assistance; and
(B) has the capability to operate automatically in
a passive mode by transmitting audio and radio messages
that will relay the firefighter's identification and
location if the firefighter--
(i) becomes incapacitated and motionless;
and
(ii) is unable to physically transmit a
call for help.
(3) Dispatch system.--Upgrades to the critical information
dispatch system procured pursuant to this section must--
(A) allow the fire department to communicate with
firefighters in all locations, and under all
conditions, in which firefighters can reasonably be
expected to work in responding to an emergency in New
York City, including all high-rise buildings and
subways;
(B) provide useful, detailed data concerning all
likely terrorist target locations in the City of New
York; and
(C) be capable of providing to responding
firefighters, instantaneously, details about particular
buildings and other locations to assist them in making
decisions about how to mitigate a terrorist attack and
save lives and property.
(c) Testing.--Radios, any dispatch system upgrades, and
supplemental communication devices procured pursuant to this section
must have been tested to ensure they will operate in all locations and
under all conditions in which firefighters can reasonably be expected
to work in responding to an emergency in New York City.
(d) Coordination.--In carrying out this section the Secretary shall
coordinate with the City of New York to ensure that the communications
system procured under this section is--
(1) compatible with the plans of the City of New York to
upgrade its 911 system; and
(2) interoperable with other public safety communications
systems.
(e) Progress Report.--The Secretary shall submit to the Congress a
report on progress made in carrying out this section, on--
(1) February 26, 2008; and
(2) September 11, 2008. | 9/11 Can You Hear Me Now Act - Directs the Secretary of Homeland Security to procure development and provision of a communications system for the New York City Fire Department, including appropriate radios and upgrades to the Department's critical information dispatch system that allow communication in all locations and under all conditions in which firefighters can reasonably be expected to work, including all high-rise buildings and subways.
Directs that any communications system procured include provision to each firefighter of a supplemental radio communication device that: (1) allows the firefighter to transmit emergency notification warning signals to other firefighters; and (2) has the capability to operate automatically by transmitting messages that will relay an incapacitated firefighter's identification and location.
Requires that upgrades procured: (1) provide useful, detailed data concerning all likely terrorist target locations in the city; and (2) be capable of providing to responding firefighters, instantaneously, details about particular buildings and other locations to assist in making decisions about how to mitigate a terrorist attack.
Requires that: (1) radios, any dispatch system upgrades, and supplemental communication devices procured be tested; and (2) the Secretary coordinate with the city to ensure that the communications system procured is compatible with city plans to upgrade its 911 system and interoperable with other public safety communications systems. | To direct the Secretary of Homeland Security to procure the development and provision of improved and up-to-date communications equipment for the New York City Fire Department, including radios. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Israel Energy
Cooperation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) it is in the highest national security interests of the
United States to ensure secure access to reliable energy
sources;
(2) the United States relies heavily on the foreign supply
of crude oil to meet the energy needs of the United States,
currently importing 58 percent of the total oil requirements of
the United States, of which 45 percent comes from member states
of the Organization of Petroleum Exporting Countries (OPEC);
(3) revenues from the sale of oil by some of these
countries directly or indirectly provide funding for terrorism
and propaganda hostile to the values of the United States and
the West;
(4) in the past, these countries have manipulated the
dependence of the United States on the oil supplies of these
countries to exert undue influence on United States policy, as
during the embargo of OPEC during 1973 on the sale of oil to
the United States, which became a major factor in the ensuing
recession;
(5) research by the Energy Information Administration of
the Department of Energy has shown that the dependence of the
United States on foreign oil will increase by 33 percent over
the next 20 years;
(6) a rise in the price of imported oil sufficient to
increase gasoline prices by 10 cents per gallon at the pump
would result in an additional outflow of $18,000,000,000 from
the United States to oil-exporting nations;
(7) for economic and national security reasons, the United
States should reduce, as soon as practicable, the dependence of
the United States on nations that do not share the interests
and values of the United States;
(8) the State of Israel has been a steadfast ally and a
close friend of the United States since the creation of Israel
in 1948;
(9) like the United States, Israel is a democracy that
holds civil rights and liberties in the highest regard and is a
proponent of the democratic values of peace, freedom, and
justice;
(10) cooperation between the United States and Israel on
such projects as the development of the Arrow Missile has
resulted in mutual benefits to United States and Israeli
security;
(11) the special relationship between Israel and the United
States has been and continues to be manifested in a variety of
jointly-funded cooperative programs in the field of scientific
research and development, such as--
(A) the United States-Israel Binational Science
Foundation (BSF);
(B) the Israel-United States Binational
Agricultural Research and Development Fund (BARD); and
(C) the Israel-United States Binational Industrial
Research and Development (BIRD) Foundation;
(12) these programs, supported by the matching
contributions from the Government of Israel and the Government
of the United States and directed by key scientists and
academics from both countries, have made possible many
scientific breakthroughs in the fields of life sciences,
medicine, bioengineering, agriculture, biotechnology,
communications, and others;
(13) on February 1, 1996, United States Secretary of Energy
Hazel R. O'Leary and Israeli Minister of Energy and
Infrastructure Gonen Segev signed the Agreement Between the
Department of Energy of the United States of America and the
Ministry of Energy and Infrastructure of Israel Concerning
Energy Cooperation, to establish a framework for collaboration
between the United States and Israel in energy research and
development activities;
(14) Israeli scientists and researchers have long been at
the forefront of research and development in the field of
alternative renewable energy sources;
(15) many of the top corporations of the world have
recognized the technological and scientific expertise of Israel
by locating important research and development facilities in
Israel;
(16) among the technological breakthroughs made by Israeli
scientists and researchers in the field of alternative,
renewable energy sources are--
(A) the development of a cathode that uses
hexavalent iron salts that accept 3 electrons per ion
and enable rechargeable batteries to provide 3 times as
much electricity as existing rechargeable batteries;
(B) the development of a technique that vastly
increases the efficiency of using solar energy to
generate hydrogen for use in energy cells; and
(C) the development of a novel membrane used in new
and powerful direct-oxidant fuel cells that is capable
of competing favorably with hydrogen fuel cells and
traditional internal combustion engines; and
(17) cooperation between the United States and Israel in
the field of research and development of alternative renewable
energy sources would be in the interests of both countries, and
both countries stand to gain much from such cooperation.
SEC. 3. GRANT PROGRAM.
(a) Authority.--Pursuant to the responsibilities described in
section 102(10), (14), and (17) of the Department of Energy
Organization Act (42 U.S.C. 7112(10), (14), and (17)) and section
103(9) of the Energy Reorganization Act of 1974 (42 U.S.C. 5813(9)),
the Secretary, in consultation with the BIRD or BSF, shall award grants
to eligible entities.
(b) Application.--
(1) Submission of applications.--To receive a grant under
this section, an eligible entity shall submit an application to
the Secretary containing such information and assurances as the
Secretary, in consultation with the BIRD or BSF, may require.
(2) Selection of eligible entities.--The Secretary, in
consultation with the Directors of the BIRD and BSF, may review
any application submitted by any eligible entity and select any
eligible entity meeting criteria established by the Secretary,
in consultation with the Advisory Board, for a grant under this
section.
(c) Amount of Grant.--The amount of each grant awarded for a fiscal
year under this section shall be determined by the Secretary, in
consultation with the BIRD or BSF.
(d) Recoupment.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish procedures
and criteria for recoupment in connection with any eligible
project carried out by an eligible entity that receives a grant
under this section, which has led to the development of a
product or process which is marketed or used.
(2) Amount required.--
(A) Except as provided in subparagraph (B), such
recoupment shall be required as a condition for award
and be proportional to the Federal share of the costs
of such project, and shall be derived from the proceeds
of royalties or licensing fees received in connection
with such product or process.
(B) In the case where a product or process is used
by the recipient of a grant under this section for the
production and sale of its own products or processes,
the recoupment shall consist of a payment equivalent to
the payment which would be made under subparagraph (A).
(3) Waiver.--The Secretary may at any time waive or defer
all or some of the recoupment requirements of this subsection
as necessary, depending on--
(A) the commercial competitiveness of the entity or
entities developing or using the product or process;
(B) the profitability of the project; and
(C) the commercial viability of the product or
process utilized.
(e) Private Funds.--The Secretary may accept contributions of funds
from private sources to carry out this Act.
(f) Office of Energy Efficiency and Renewable Energy.--The
Secretary shall carry out this section through the existing programs at
the Office of Energy Efficiency and Renewable Energy.
(g) Report.--Not later than 180 days after receiving a grant under
this section, each recipient shall submit a report to the Secretary--
(1) documenting how the recipient used the grant funds; and
(2) evaluating the level of success of each project funded
by the grant.
SEC. 4. INTERNATIONAL ENERGY ADVISORY BOARD.
(a) Establishment.--There is established in the Department of
Energy an International Energy Advisory Board.
(b) Duties.--The Advisory Board shall advise the Secretary on--
(1) criteria for the recipients of grants awarded under
section 3(a);
(2) the total amount of grant money to be awarded to all
grantees selected by the Secretary, in consultation with the
BIRD; and
(3) the total amount of grant money to be awarded to all
grantees selected by the Secretary, in consultation with the
BSF, for each fiscal year.
(c) Membership.--
(1) Composition.--The Advisory Board shall be composed of--
(A) 1 member appointed by the Secretary of
Commerce;
(B) 1 member appointed by the Secretary of Energy;
and
(C) 2 members who shall be Israeli citizens,
appointed by the Secretary of Energy after consultation
with appropriate officials in the Israeli Government.
(2) Deadline for appointments.--The initial appointments
under paragraph (1) shall be made not later than 60 days after
the date of enactment of this Act.
(3) Term.--Each member of the Advisory Board shall be
appointed for a term of 4 years.
(4) Vacancies.--A vacancy on the Advisory Board shall be
filled in the manner in which the original appointment was
made.
(5) Basic pay.--
(A) Compensation.--A member of the Advisory Board
shall serve without pay.
(B) Travel expenses.--Each member of the Advisory
Board shall receive travel expenses, including per diem
in lieu of subsistence, in accordance with applicable
provisions of subchapter I of chapter 57 of title 5,
United States Code.
(6) Quorum.--Three members of the Advisory Board shall
constitute a quorum.
(7) Chairperson.--The Chairperson of the Advisory Board
shall be designated by the Secretary of Energy at the time of
the appointment.
(8) Meetings.--The Advisory Board shall meet at least once
annually at the call of the Chairperson.
(d) Termination.--Section 14(a)(2)(B) of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Advisory Board.
SEC. 5. DEFINITIONS.
In this Act:
(1) Advisory board.--The term ``Advisory Board'' means the
International Energy Advisory Board established by section
4(a).
(2) BIRD.--The term ``BIRD'' means the Israel-United States
Binational Industrial Research and Development Foundation.
(3) BSF.--The term ``BSF'' means the United States-Israel
Binational Science Foundation.
(4) Eligible entity.--The term ``eligible entity'' means a
joint venture comprised of both Israeli and United States
private business entities or a joint venture comprised of both
Israeli academic persons (who reside and work in Israel) and
United States academic persons, that--
(A) carries out an eligible project; and
(B) is selected by the Secretary, in consultation
with the BIRD or BSF, using the criteria established by
the Secretary, in consultation with the Advisory Board.
(5) Eligible project.--The term ``eligible project'' means
a project to encourage cooperation between the United States
and Israel on research, development, or commercialization of
alternative energy, improved energy efficiency, or renewable
energy sources.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy, acting through the Assistant Secretary of Energy for
Energy Efficiency and Renewable Energy.
SEC. 6. TERMINATION.
The grant program authorized under section 3 and the Advisory Board
shall terminate upon the expiration of the 7-year period which begins
on the date of the enactment of this Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
The Secretary is authorized to expend not more than $20,000,000 to
carry out this Act for each of fiscal years 2006 through 2012 from
funds previously authorized to the Office of Energy Efficiency and
Renewable Energy.
SEC. 8. CONSTITUTIONAL AUTHORITY.
The Constitutional authority on which this Act rests is the power
of Congress to regulate commerce with foreign nations as enumerated in
Article I, Section 8 of the United States Constitution.
Passed the House of Representatives July 26, 2006.
Attest:
KAREN L. HAAS,
Clerk. | United States-Israel Energy Cooperation Act - Directs the Secretary of Energy, in consultation with the United States-Israel Binational Industrial Research and Development Foundation (BIRD), or the United States-Israel Binational Science Foundation (BSF), to establish a grant program for joint ventures, composed of both Israeli and U.S. private business entities or of U.S. and Israeli academic persons, to implement projects to encourage cooperation between the United States and Israel on research, development, or commercialization of alternative energy, improved energy efficiency, or renewable energy sources.
Directs the Secretary to implement this Act through existing programs at the Office of Energy Efficiency and Renewable Energy.
Establishes in the Department of Energy an International Energy Advisory Board to advise the Secretary on the grant program and grant recipients.
Authorizes the Secretary to expend not more than $20 million to implement this Act for each of FY2006-2012 from funds previously authorized to the Office. | To authorize funding for eligible joint ventures between United States and Israeli businesses and academic persons, to establish the International Energy Advisory Board, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Commerce Enhancement Act
of 1997''.
SEC. 2. STUDIES ON USE OF DIGITAL SIGNATURES TO ENHANCE ELECTRONIC
COMMERCE.
The Assistant Secretary shall conduct an ongoing study of the
enhancement of electronic commerce due to the use of digital signatures
pursuant to this Act, and shall report findings to the Commerce
Committee of the House and to the Commerce, Science, and Transportation
Committee of the Senate not later than--
(1) 12 months; and
(2) 60 months;
after the date of enactment of this Act.
SEC. 3. ELECTRONIC AVAILABILITY OF FORMS.
The Director, in accordance with technical standards provided by
the Assistant Secretary under section 6, shall not later than 12 months
after the date of enactment of this Act establish a method for each
Federal agency to make its forms available electronically. Such forms
shall be--
(1) available for electronic submission (through use of a
digital signature when necessary);
(2) substantially identical in content and requirements to
any corresponding paper versions;
(3) available on an Internet web site controlled by the
Federal Government that contains an electronic link to the
website described in section 6(f) of this Act;
(4) available for downloading and printing;
(5) available for electronic storage by employers that are
required by law to collect, store, or file paper versions of
forms completed by employees; and
(6) acknowledged upon receipt by an agency through prompt
issuance of an electronic receipt.
SEC. 4. PAYMENTS.
Under the method established under section 2--
(1) any payment associated with a form submitted
electronically shall be no greater than the payment associated
with any corresponding printed version of such form;
(2) not less than 2 means of electronic payment shall be
provided, but such payment may not be required to precede
submission of a form; and
(3) a prompt receipt for electronic payment shall be issued
electronically to each person who submits a payment
electronically.
SEC. 5. USE OF DIGITAL SIGNATURES BY FEDERAL OFFICIALS.
(a) Agency Employees to Receive Digital Signatures.--The head of
each agency shall issue guidelines for determining how and which
employees in each respective agency shall be provided digital
signatures for use within the scope of their employment.
(b) Availability of Electronic Notice.--An agency may provide a
person entitled to receive written notice of a particular matter with
the opportunity to receive electronic notice instead.
SEC. 6. CERTIFICATES FOR DIGITAL SIGNATURES.
(a) Guidelines for Acceptance of Certificates.--The Director shall
issue guidelines governing the manner in which agencies may accept
certificates.
(b) Accreditation.--Under the guidelines issued under subsection
(a), an agency shall accept certificates issued by--
(1) the agency; or
(2) a trusted third party that is licensed or accredited
by--
(A) a State or local government; or
(B) an appropriate accreditation body.
(c) Trusted Third Party Liability.--Under the guidelines issued
under subsection (a), an agency may accept a certificate only from a
trusted third party that, in accordance with commercially reasonable
standards, accepts liability for and is insured against negligent
issuance or handling of certificates.
(d) Foreign Trusted Third Party.--The Secretary of State shall
determine from which foreign countries agencies may accept
certificates.
(e) Agency Establishment of Trusted Third Party.--No agency may
establish a trusted third party except to--
(1) provide digital signatures to its employees;
(2) issue certificates relating to messages sent by such
employees; or
(3) act as a reliable authority on behalf of another
trusted third party.
(f) Directory of Qualified Trusted Third Parties.--The Assistant
Secretary shall compile and post on a website controlled by the Federal
government a list of trusted third parties (along with an electronic
link, if any, to a web site controlled by each trusted third party)
that are qualified under this section to issue certificates.
SEC. 7. STANDARDS FOR DIGITAL SIGNATURES; EFFECT OF DIGITAL SIGNATURES.
(a) Technical Standards for Digital Signatures.--The Assistant
Secretary shall provide to the Director technical standards for the
digital signatures accepted for purposes of the method established
under section 2 or provided under section 4.
(b) Compatibility With Private Sector.--The standards referred to
in subsection (a) shall be compatible with standards and technology for
digital signatures used in commerce and industry and by State
governments.
(c) Reliability of Digital Signatures.--Under the standards
referred to in subsection (a), a digital signature shall be as reliable
as is appropriate for the purpose for which an electronic message
containing a digital signature is generated, in light of all the
circumstances, including any relevant agreement.
(d) Legal Significance of Digital Signatures.--For purposes of
digitally signed forms accepted under section 2, a digital signature
shall have the same force and effect as a written signature.
SEC. 8. EMPLOYER ELECTRONIC STORAGE OF FORMS.
If an employer is required by law to collect, store, or file paper
forms that are completed by employees, such employer may store such
forms electronically if such forms are submitted electronically.
SEC. 9. IMPLEMENTATION BY AGENCIES.
(a) Implementation.--Not later than 36 months after the date of
enactment of this Act, each agency shall implement the method
established under section 2 of this Act and the guidelines issued under
section 4 of this Act.
(b) Report to Congress.--Not later than 12 months after the date of
enactment of this Act, the Assistant Secretary shall submit a report to
the Commerce Committee of the House and to the Commerce, Science, and
Transportation Committee of the Senate that details the technical
standards described in section 6.
SEC. 10. DEFINITIONS.
For purposes of this Act:
(1) Assistant Secretary.--The term ``Assistant Secretary''
means the Assistant Secretary for Communications and
Information (the head of the National Telecommunications and
Information Administration) of the Department of Commerce.
(1) Agency.--The term ``agency'' has the meaning given the
term ``executive agency'' in section 105 of title 5, United
States Code.
(2) Certificate.--(A) The term ``certificate'' means a
statement meeting the requirements of subparagraph (B) that
permits a person holding such statement to determine that a
digitally signed message--
(i) was signed by the person whose digital
signature appears to be attached to the message; and
(ii) has not been altered since the digital
signature was attached.
(B) For purposes of subparagraph (A), the statement must--
(i) identify the trusted third party or agency
issuing such statement;
(ii) identify the person whose digital signature
the trusted third party or agency is authenticating
with such statement;
(iii) specify the operational period of such
statement; and
(iv) be digitally signed by the trusted third party
or agency issuing such statement.
(3) Digital signature.--The term ``digital signature''
means a method of signing an electronic message that--
(A) identifies a particular person as the source of
such electronic message; and
(B) indicates such person's approval of the
information contained in such electronic message.
(4) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(5) Form.--The term ``form'' means a document produced by
an agency--
(A) that is used by the agency to facilitate
interaction between the agency and persons;
(B) that is completed by a person by inserting
information as required by the agency;
(C) that is submitted to an agency more than 1,000
times per year; and
(D) that is not required to be completed in the
presence of a Federal official or at a particular
location.
(6) Reliable authority.--The term ``reliable authority''
means an entity licensed to serve as a notary that vouches to a
trusted third party for the identity of a person who seeks a
certificate to be issued on such person's behalf.
(7) Trusted third party.--The term ``trusted third party''
means an entity (other than an agency) that issues a
certificate. | Electronic Commerce Enhancement Act of 1997 - Directs the Assistant Secretary for Communications and Information (the head of the National Telecommunications and Information Administration) of the Department of Commerce to conduct an ongoing study of and report to specified committees concerning the enhancement of electronic commerce due to the use of digital signatures pursuant to this Act.
Directs the Director of the Office of Management and Budget to establish a method for each Federal agency to make its forms available electronically. Provides for making payments electronically pursuant to such forms.
Sets forth provisions concerning guidelines and standards for digital signatures and certificates.
Permits employers to store forms electronically if such forms are submitted electronically. | Electronic Commerce Enhancement Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regional Infrastructure Accelerator
Act of 2015''.
SEC. 2. PURPOSES.
The purpose of this program is to facilitate and mobilize
investment in, and the long-term financing of, economically viable
covered infrastructure projects of regional or national significance by
providing funding for these projects, including through private sector
financing, to accelerate the delivery of high-quality, critical
infrastructure through a self-sustaining regional infrastructure
accelerator that mitigates risk with technical expertise and best
practices.
SEC. 3. REGIONAL INFRASTRUCTURE ACCELERATOR PROGRAM ESTABLISHED.
(a) In General.--From amounts appropriated under paragraphs (1) and
(3) of section 8, the Secretary of Treasury may establish a regional
infrastructure accelerator program (in this section referred to as the
``Program'') to provide grants to regional infrastructure accelerators
to establish and administer a process for developing the priorities of
and acquiring financing for covered infrastructure projects.
(b) Program Structure.--The Program established pursuant to this
Act shall include--
(1) an initial grant to a regional infrastructure
accelerator that submits an application and a plan for
promoting investment in covered infrastructure projects; and
(2) a subsequent grant to a regional infrastructure
accelerator for the purpose of awarding subgrants to one or
more State, local, or regional public entities to support
covered infrastructure projects and within the geographic area
represented by the regional infrastructure accelerator.
SEC. 4. INITIAL GRANTS TO REGIONAL INFRASTRUCTURE ACCELERATORS.
(a) Application.--A regional infrastructure accelerator that seeks
a grant under this section shall submit an application to the Secretary
at such time, in such manner, and containing such information as the
Secretary may reasonably require, including a plan that describes how
the regional infrastructure accelerator will promote investment in
covered infrastructure projects by--
(1) providing guidance and feedback to State, local, or
regional public entities on infrastructure priorities,
financing strategies, and other matters relating to such
projects;
(2) evaluating and promoting innovative financing methods;
(3) connecting sources of financing to the State, local, or
regional public entities;
(4) establishing standards to measure life-cycle costs of
investments in such projects, defined as budgetary impacts of
the design, development or construction, operations, and
maintenance of an infrastructure asset;
(5) building capacity of State and local governments to
evaluate and structure projects involving the investment of
private capital; and
(6) providing technical assistance and information on best
practices with respect to such projects which shall include--
(A) identifying and selecting qualified advisors
such as infrastructure financial analysts and contract
negotiators;
(B) incorporating resiliency risk analyses into
project planning and design;
(C) preparing and reviewing requests for
qualifications and proposals from private sector
partners; and
(D) applying standardized analyses and processes
that provide quantitative data on infrastructure
investments, or specifically a ``value for money''
analysis.
(b) Selection.--From applications received under subsection (a),
the Secretary shall select 5 regional infrastructure accelerators from
geographically diverse regions to receive a grant under this section.
(c) Structure of Regional Infrastructure Accelerators.--
(1) In general.--To be eligible to receive a grant under
this Act, a regional infrastructure accelerator shall have a
board of directors.
(2) Board of directors.--
(A) Composition.--The board of directors of a
regional infrastructure accelerator shall include at
least one representative of each State, locality, or
region in the area served by the regional
infrastructure accelerator, as nominated by a governing
body participating in the regional infrastructure
accelerator and that participated in submitting an
application under subsection (a).
(B) Duties.--The duties of the board of directors
shall be to--
(i) develop and approve of a regional
infrastructure accelerator plan for their
respective regional infrastructure accelerator;
(ii) select subgrantees for award of funds
for predevelopment costs, as described in
section 5; and
(iii) approve of and submit a report to the
Secretary as described in subsection (e).
(C) Requirements to approve plan.--In carrying out
its duties under subparagraph (B)(i), the Board of
Directors shall consider public stakeholder input
from--
(i) a public project sponsor with
experience in infrastructure financing;
(ii) an entity with the ability to finance
covered infrastructure projects in the area
served by the regional infrastructure
accelerator, including private sector equity
investors, public pension funds, endowments,
and other financial investment funds;
(iii) a construction or real estate
development entity with the capacity to develop
covered infrastructure projects in the area
served by the regional infrastructure
accelerator;
(iv) a representative of an organized labor
association or an association of workers
representing labor and workplace standards;
(v) a legal expert with experience in
contract development and execution of public
private partnerships; and
(vi) a representative of each Federal
agency or department with jurisdiction over
covered infrastructure projects.
(d) Use of Funds.--A regional infrastructure accelerator that is
awarded a grant under this section shall use such grant to--
(1) assess regional approaches to advancing innovative
investment in covered infrastructure projects;
(2) develop strategies for--
(A) transparency in the analysis of covered
infrastructure projects to ensure protection of the
public interest;
(B) the bundling of smaller scale and rural
projects into a larger transaction for investment; and
(C) reducing transaction costs;
(3) facilitatate the creation of a catalog of covered
infrastructure projects available for investment; and
(4) analyze and apply procurement methods for covered
infrastructure projects, including--
(A) assessing taxpayer benefits of contractual
agreements for the management and allocation of risks
in infrastructure procurement;
(B) measuring the speed and quality of project
completion;
(C) assessing the use of contracting strategies in
which teams provide design, construction, financing,
and maintenance solutions for performance outcomes; and
(D) complete the report described in subsection
(e).
(e) Report.--Not later than 12 months after receipt of a grant
under this section each regional infrastructure accelerator shall
submit to the Secretary a report, which shall include--
(1) an update on the implementation of the plan described
in subsection (a);
(2) a description of the infrastructure needs of the region
to be served by the regional infrastructure accelerator;
(3) a proposal of covered infrastructure projects to be
accomplished through a subsequent grant awarded under section
4; and
(4) the procurement strategies the regional infrastructure
accelerator intends to use for such covered infrastructure
projects.
(f) Selection for Subsequent Grant.--The Secretary shall review the
reports submitted under subsection (e) and select not fewer than 4
regional infrastructure accelerators to receive a subsequent grant
pursuant to section 4.
SEC. 5. SUBSEQUENT GRANTS TO REGIONAL INFRASTRUCTURE ACCELERATORS.
(a) In General.--Not later than 60 days after the Secretary reviews
the report submitted under section 4(e), and from amounts appropriated
under section 8(2), the Secretary shall award grants to the regional
infrastructure accelerators selected under section 4(f). A regional
infrastructure accelerator may use a grant awarded under this section
to make subgrants to State, local, or regional public entities for
predevelopment costs.
(b) Restrictions on Subgrants.--Regional infrastructure
accelerators may make subgrants to State, local, or regional public
entities for predevelopment costs in an amount not to exceed $300,000
or 75 percent of the project costs, whichever is less. The subgrantee
shall provide, or shall secure from other sources, funding for
remaining balance of the project costs. Funds made available under this
section for predevelopment costs cannot be used to pay for work already
completed.
(c) Application.--A State, local, or regional public entity may
submit an application for a subgrant to a regional infrastructure
accelerator that receives a grant under subsection (a) at such time, in
such manner, and containing such information as the regional
infrastructure accelerator may reasonably require.
(d) Use of Funds.--Eligible costs shall include the following costs
associated with covered infrastructure projects:
(1) Project planning, feasibility studies, economic
assessments, cost-benefit analyses, and public benefit studies.
(2) ``Value-for-money'' analyses.
(3) Design and engineering.
(4) Financial planning (including the identification of
funding and financing options).
(5) Permitting, environmental review, and regulatory
processes.
(6) Assessment of the impacts of potential projects on the
area, including the effect on communities and environment.
(7) The workforce and wages and benefits, as well as
assessment of infrastructure vulnerability and resilience to
the impacts of climate change and other risks.
(8) Public outreach and community engagement.
SEC. 6. REPORT TO CONGRESS.
Not later than 1 year after the date of the enactment of this Act,
the Secretary shall submit to Congress a report on the effectiveness of
the Program established under this Act. The report shall include an
overview of the Program and findings related to the effectiveness of
regional collaboration on infrastructure investment, infrastructure
finance, and the utilization of procurement methods (as described in
section 4(d)(4)).
SEC. 7. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) Covered infrastructure project.--In this Act, the term
``covered infrastructure project'' means an infrastructure
project--
(A) that is sponsored by a State, local, or
regional public entity; and
(B) that involves the construction, consolidation,
alteration, or repair of any of the following:
(i) Intercity passenger or freight rail
lines.
(ii) Intercity passenger rail facilities or
equipment.
(iii) Intercity freight rail facilities or
equipment.
(iv) Intercity passenger bus facilities or
equipment.
(v) Public transportation facilities or
equipment.
(vi) Highway facilities, including bridges
and tunnels.
(vii) Airports.
(viii) Air traffic control systems.
(ix) Port or marine terminal facilities,
including approaches to marine terminal
facilities or inland port facilities.
(x) Port or marine equipment, including
fixed equipment to serve approaches to marine
terminals or inland ports.
(xi) Ports of entry or border crossing
infrastructure.
(xii) Transmission or distribution
pipelines.
(xiii) Inland waterways.
(xiv) Intermodal facilities or equipment
related to 2 or more of the sectors described
in clauses (i) through (xiii).
(xv) Water treatment and solid waste
disposal facilities, including drinking water
facilities.
(xvi) Storm water management systems.
(xvii) Dams and levees.
(xviii) Facilities or equipment for energy
transmission, distribution or storage.
(2) Regional infrastructure accelerator.--The term
``regional infrastructure accelerator'' means a multi-
jurisdictional organization organized and dedicated to provide
technical assistance, financing options, and resources for
covered infrastructure projects within the jurisdictions
represented in such organization.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(4) State.--The term ``State'' means each of the several
States, the District of Columbia, Puerto Rico, and any
territory or possession of the United States.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out the Program
established under this Act $25,000,000, of which--
(1) $11,500,000 shall be used for initial grants to
regional infrastructure accelerator under section 3, to be
expended not later than 9 months after the date of enactment of
this Act;
(2) $13,000,000 shall be used for subgrants to covered
entities under section 4, to be expended not later than 6
months after the submission of the final report required under
section 4(e); and
(3) $500,000 shall be used for administrative costs of the
Program. | Regional Infrastructure Accelerator Act of 2015 This bill authorizes the Department of the Treasury to establish a regional infrastructure accelerator program to provide grants to regional infrastructure accelerators to establish and administer a process for developing the priorities of, and acquiring financing for, covered infrastructure projects. A "regional infrastructure accelerator" is defined as a multi-jurisdictional organization dedicated to provide technical assistance, financing options, and resources for covered infrastructure projects within the represented jurisdictions. A "covered infrastructure project" is as an infrastructure project sponsored by a state, local, or regional public entity that involves the construction, consolidation, alteration, or repair of rail, bus, or public transportation facilities or equipment, highway facilities (including bridges and tunnels), airports, port or marine facilities and equipment, pipelines, inland waterways, intermodal facilities and equipment, water treatment and solid waste disposal facilities, storm water management systems, dams and levees, and facilities or equipment for energy transmission, distribution, or storage. From applications received, Treasury shall select five regional infrastructure accelerators from geographically diverse regions to receive initial grants. A regional infrastructure accelerator shall use such a grant to: assess regional approaches to advancing innovative investment in covered infrastructure projects; develop strategies for transparency in the analysis of such projects to ensure protection of the public interest, for the bundling of smaller scale and rural projects into a larger transaction for investment, and for reducing transaction costs; facilitate the creation of a catalog of covered infrastructure projects available for investment; and analyze and apply project procurement methods. Treasury shall review reports submitted by such accelerators and select four of them to receive subsequent grants. A selected accelerator may use such subsequent grant to make subgrants to public entities for covered infrastructure predevelopment costs, which may include project planning, feasibility studies, economic assessments, cost-benefit analyses, public benefit studies, design and engineering, financial planning, permitting, environmental review, assessment of the impacts on the area, workforce and wages and benefits, assessment of infrastructure vulnerability and resilience to the impacts of climate change and other risks, and public outreach and community engagement. | Regional Infrastructure Accelerator Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oncology Care Quality Improvement
Act of 2009''.
SEC. 2. ONCOLOGY CARE QUALITY IMPROVEMENT PROGRAM.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall establish a pilot
program (in this section referred to as the ``OCQI program'') under
title XVIII of the Social Security Act to evaluate the impact of three
provider-led approaches described in subsection (b) to improve care
quality and outcomes for Medicare beneficiaries with cancer while
addressing care cost drivers by creating greater efficiencies in the
program.
(b) Approaches Described.--The approaches described in this
subsection are the following approaches to the delivery of oncology
care:
(1) Evidence-based guideline adherence.--Reducing variation
in care through adherence to evidence-based guidelines that
improves quality and reduces error.
(2) Patient education and care coordination services.--
Providing patients with--
(A) dedicated educational sessions about the likely
effects of their cancers and treatments and how to
manage those prior to initiation of treatment,
preferably from an oncology nurse; and
(B) continuous support throughout their course of
care.
(3) End-of-life planning and counseling services.--
Providing patients with poor prognoses with end-of-life
planning and counseling services with their physicians and
nurses in order to empower such patients and their families
with the best information available about their options to
assist such patients and families in making difficult choices
between pursuing potentially ineffective aggressive medical
treatments or pursuing hospice care or other palliative care to
improve quality of life in their final months.
(c) Description.--
(1) In general.--The OCQI program shall be designed in a
manner similar to that for the physician group practice
demonstration program under section 1866A of the Social
Security Act (42 U.S.C. 1395cc-1) and shall provide performance
payments to participating oncology groups that implement each
of the approaches described in subsection (b) equal to one-half
of the program savings generated by the participating group.
The other half of program savings shall be retained by the
Medicare program.
(2) Expenditure targets.--Under the OCQI program, the
Secretary shall establish per capita expenditure targets for
participating oncology groups, taking into account the risk
characteristics of the patients involved. Those groups that
meet the performance goals established by the Secretary and
achieve program savings against the expenditure targets shall
receive performance payments described in paragraph (1).
(3) Limitation on number of participating groups.--The
Secretary shall limit the number of groups that may participate
in the OCQI program to no more than 75 groups at any time.
(4) Limitation on duration.--The OCQI program shall be
conducted over a 3-year period.
(5) Limitation on patient selection.--The Secretary shall
prohibit groups participating in the OCQI program from
selecting the individual patients to be included in the
program.
(6) Penalties to prevent reductions in services.--The
Secretary may impose penalties on those groups participating in
the OCQI program that the Secretary determines have
inappropriately reduced cancer therapies, including supportive
care therapies (basing their determination on existing evidence
based, medically accurate guidelines). Any such penalties shall
be in the form of reductions to performance payments payable to
the groups under paragraph (1).
(d) Advisory Committee; Evaluation.--
(1) In general.--The Secretary shall appoint an advisory
committee composed of representatives of the oncology
community, including organizations representing physicians,
nurses, and patients, and industry representatives, to
collaborate with the Secretary on the creation and
implementation of the OCQI program, including the development
of appropriate expenditure targets, and to help analyze the
data generated by the OCQI program. The advisory committee
shall specifically advise the Secretary on the methods for
selecting practices in different regions of the United States
to particiapte in the OCQI program.
(2) Evaluation.--In consultation with the advisory
committee, Secretary shall evaluate the OCQI program to--
(A) assess patient outcomes for patients
participating in the program as compared to such
outcomes to other individuals for the same health
conditions;
(B) analyze the cost effectiveness of the services
for which performance payments are made under the
program, including an evaluation of the cost savings to
the Medicare program attributable to reductions in
physicians' services, emergency room visits, hospital
stays, drug costs, advanced imaging costs, and end-of-
life care;
(C) determine the satisfaction of patients
participating in the program; and
(D) refine the appropriate level and proportion of
the specific performance payments among the three
performance components of the program.
(e) Implementation.--If the Secretary determines that the OCQI
program has been successful in improving care quality while lowering
the rate of growth of Medicare program expenditures, the Secretary is
authorized to include payments for the specific services paid under the
OCQI program as performance payments as permanent, covered services
under the Medicare program. | Oncology Care Quality Improvement Act of 2009 - Directs the Secretary of Health and Human Services (HHS) to establish a pilot program of oncology care quality improvement (OCQI) under title XVIII (Medicare) of the Social Security Act to evaluate the impact of three provider-led approaches to improve the care quality and outcome for Medicare beneficiaries with cancer while addressing care cost drivers by creating greater efficiencies in the program.
Specifies the three provider-led approaches as: (1) evidence-based guideline adherence; (2) patient education and care coordination services; and (3) end-of-life planning and counseling services.
Directs the Secretary to appoint an advisory committee to collaborate with the Secretary on the creation and implementation of the OCQI program. | To provide for a pilot program to improve the quality of oncology care under Medicare. |
SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This Act may be cited as the ``Middle Class Tax
Cut Act''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
(c) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; etc.
TITLE I--TEMPORARY EXTENSION OF TAX RELIEF
Sec. 101. Temporary extension of 2001 tax relief.
Sec. 102. Temporary extension of 2003 tax relief.
Sec. 103. Temporary extension of 2010 tax relief.
Sec. 104. Temporary extension of election to expense certain
depreciable business assets.
TITLE II--ALTERNATIVE MINIMUM TAX RELIEF
Sec. 201. Temporary extension of increased alternative minimum tax
exemption amount.
Sec. 202. Temporary extension of alternative minimum tax relief for
nonrefundable personal credits.
TITLE III--TREATMENT FOR PAYGO PURPOSES
Sec. 301. Treatment for PAYGO purposes.
TITLE I--TEMPORARY EXTENSION OF TAX RELIEF
SEC. 101. TEMPORARY EXTENSION OF 2001 TAX RELIEF.
(a) Temporary Extension.--
(1) In general.--Section 901(a)(1) of the Economic Growth
and Tax Relief Reconciliation Act of 2001 is amended by
striking ``December 31, 2012'' and inserting ``December 31,
2013''.
(2) Effective date.--The amendment made by this subsection
shall take effect as if included in the enactment of the
Economic Growth and Tax Relief Reconciliation Act of 2001.
(b) Application to Certain High-Income Taxpayers.--
(1) Income tax rates.--
(A) Treatment of 25- and 28-percent rate
brackets.--Paragraph (2) of section 1(i) is amended to
read as follows:
``(2) 25- and 28-percent rate brackets.--The tables under
subsections (a), (b), (c), (d), and (e) shall be applied--
``(A) by substituting `25%' for `28%' each place it
appears (before the application of subparagraph (B)),
and
``(B) by substituting `28%' for `31%' each place it
appears.''.
(B) 33-percent rate bracket.--Subsection (i) of
section 1 is amended by redesignating paragraph (3) as
paragraph (4) and by inserting after paragraph (2) the
following new paragraph:
``(3) 33-percent rate bracket.--
``(A) In general.--In the case of taxable years
beginning after December 31, 2012--
``(i) the rate of tax under subsections
(a), (b), (c), and (d) on a taxpayer's taxable
income in the fourth rate bracket shall be 33
percent to the extent such income does not
exceed an amount equal to the excess of--
``(I) the applicable amount, over
``(II) the dollar amount at which
such bracket begins, and
``(ii) the 36 percent rate of tax under
such subsections shall apply only to the
taxpayer's taxable income in such bracket in
excess of the amount to which clause (i)
applies.
``(B) Applicable amount.--For purposes of this
paragraph, the term `applicable amount' means the
excess of--
``(i) the applicable threshold, over
``(ii) the sum of the following amounts in
effect for the taxable year:
``(I) the basic standard deduction
(within the meaning of section
63(c)(2)), and
``(II) the exemption amount (within
the meaning of section 151(d)(1)) (or,
in the case of subsection (a), 2 such
exemption amounts).
``(C) Applicable threshold.--For purposes of this
paragraph, the term `applicable threshold' means--
``(i) $250,000 in the case of subsection
(a),
``(ii) $225,000 in the case of subsection
(b),
``(iii) $200,000 in the case of subsections
(c), and
``(iv) \1/2\ the amount applicable under
clause (i) (after adjustment, if any, under
subparagraph (E)) in the case of subsection
(d).
``(D) Fourth rate bracket.--For purposes of this
paragraph, the term `fourth rate bracket' means the
bracket which would (determined without regard to this
paragraph) be the 36-percent rate bracket.
``(E) Inflation adjustment.--For purposes of this
paragraph, with respect to taxable years beginning in
calendar years after 2012, each of the dollar amounts
under clauses (i), (ii), and (iii) of subparagraph (C)
shall be adjusted in the same manner as under paragraph
(1)(C), except that subsection (f)(3)(B) shall be
applied by substituting `2008' for `1992'.''.
(2) Phaseout of personal exemptions and itemized
deductions.--
(A) Overall limitation on itemized deductions.--
Section 68 is amended--
(i) by striking ``the applicable amount''
the first place it appears in subsection (a)
and inserting ``the applicable threshold in
effect under section 1(i)(3)'',
(ii) by striking ``the applicable amount''
in subsection (a)(1) and inserting ``such
applicable threshold'',
(iii) by striking subsection (b) and
redesignating subsections (c), (d), and (e) as
subsections (b), (c), and (d), respectively,
and
(iv) by striking subsections (f) and (g).
(B) Phaseout of deductions for personal
exemptions.--
(i) In general.--Paragraph (3) of section
151(d) is amended--
(I) by striking ``the threshold
amount'' in subparagraphs (A) and (B)
and inserting ``the applicable
threshold in effect under section
1(i)(3)'',
(II) by striking subparagraph (C)
and redesignating subparagraph (D) as
subparagraph (C), and
(III) by striking subparagraphs (E)
and (F).
(ii) Conforming amendments.--Paragraph (4)
of section 151(d) is amended--
(I) by striking subparagraph (B),
(II) by redesignating clauses (i)
and (ii) of subparagraph (A) as
subparagraphs (A) and (B),
respectively, and by indenting such
subparagraphs (as so redesignated)
accordingly, and
(III) by striking all that precedes
``in a calendar year after 1989,'' and
inserting the following:
``(4) Inflation adjustment.--In the case of any taxable
year beginning''.
(c) Effective Date.--Except as otherwise provided, the amendments
made by this section shall apply to taxable years beginning after
December 31, 2012.
(d) Application of EGTRRA Sunset.--Each amendment made by
subsection (b) shall be subject to title IX of the Economic Growth and
Tax Relief Reconciliation Act of 2001 to the same extent and in the
same manner as if such amendment was included in title I of such Act.
SEC. 102. TEMPORARY EXTENSION OF 2003 TAX RELIEF.
(a) Extension.--
(1) In general.--Section 303 of the Jobs and Growth Tax
Relief Reconciliation Act of 2003 is amended by striking
``December 31, 2012'' and inserting ``December 31, 2013''.
(2) Effective date.--The amendment made by this subsection
shall take effect as if included in the enactment of the Jobs
and Growth Tax Relief Reconciliation Act of 2003.
(b) 20-Percent Capital Gains Rate for Certain High Income
Individuals.--
(1) In general.--Paragraph (1) of section 1(h) is amended
by striking subparagraph (C), by redesignating subparagraphs
(D) and (E) as subparagraphs (E) and (F) and by inserting after
subparagraph (B) the following new subparagraphs:
``(C) 15 percent of the lesser of--
``(i) so much of the adjusted net capital
gain (or, if less, taxable income) as exceeds
the amount on which a tax is determined under
subparagraph (B), or
``(ii) the excess (if any) of--
``(I) the amount of taxable income
which would (without regard to this
paragraph) be taxed at a rate below 36
percent, over
``(II) the sum of the amounts on
which a tax is determined under
subparagraphs (A) and (B),
``(D) 20 percent of the adjusted net capital gain
(or, if less, taxable income) in excess of the sum of
the amounts on which tax is determined under
subparagraphs (B) and (C),''.
(2) Minimum tax.--Paragraph (3) of section 55(b) is amended
by striking subparagraph (C), by redesignating subparagraph (D)
as subparagraph (E), and by inserting after subparagraph (B)
the following new subparagraphs:
``(C) 15 percent of the lesser of--
``(i) so much of the adjusted net capital
gain (or, if less, taxable excess) as exceeds
the amount on which tax is determined under
subparagraph (B), or
``(ii) the excess described in section
1(h)(1)(C)(ii), plus
``(D) 20 percent of the adjusted net capital gain
(or, if less, taxable excess) in excess of the sum of
the amounts on which tax is determined under
subparagraphs (B) and (C), plus''.
(c) Conforming Amendments.--
(1) The following provisions are each amended by striking
``15 percent'' and inserting ``20 percent'':
(A) Section 531.
(B) Section 541.
(C) Section 1445(e)(1).
(D) The second sentence of section 7518(g)(6)(A).
(E) Section 53511(f)(2) of title 46, United States
Code.
(2) Sections 1(h)(1)(B) and 55(b)(3)(B) are each amended by
striking ``5 percent (0 percent in the case of taxable years
beginning after 2007)'' and inserting ``0 percent''.
(3) Section 1445(e)(6) is amended by striking ``15 percent
(20 percent in the case of taxable years beginning after
December 31, 2010)'' and inserting ``20 percent''.
(d) Effective Dates.--
(1) In general.--Except as otherwise provided, the
amendments made by subsections (b) and (c) shall apply to
taxable years beginning after December 31, 2012.
(2) Withholding.--The amendments made by paragraphs (1)(C)
and (3) of subsection (c) shall apply to amounts paid on or
after January 1, 2013.
(e) Application of JGTRRA Sunset.--Each amendment made by
subsections (b) and (c) shall be subject to section 303 of the Jobs and
Growth Tax Relief Reconciliation Act of 2003 to the same extent and in
the same manner as if such amendment was included in title III of such
Act.
SEC. 103. TEMPORARY EXTENSION OF 2010 TAX RELIEF.
(a) American Opportunity Tax Credit.--
(1) In general.--Section 25A(i) is amended by striking ``or
2012'' and inserting ``2012, or 2013''.
(2) Treatment of possessions.--Section 1004(c)(1) of
division B of the American Recovery and Reinvestment Tax Act of
2009 is amended by striking ``and 2012'' each place it appears
and inserting ``2012, and 2013''.
(b) Child Tax Credit.--Section 24(d)(4) is amended--
(1) by striking ``and 2012'' in the heading and inserting
``2012, and 2013'', and
(2) by striking ``or 2012'' and inserting ``2012, or
2013''.
(c) Earned Income Tax Credit.--Section 32(b)(3) is amended--
(1) by striking ``and 2012'' in the heading and inserting
``2012, and 2013'', and
(2) by striking ``or 2012'' and inserting ``2012, or
2013''.
(d) Temporary Extension of Rule Disregarding Refunds in the
Administration of Federal Programs and Federally Assisted Programs.--
Subsection (b) of section 6409 is amended by striking ``December 31,
2012'' and inserting ``December 31, 2013''.
(e) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2012.
(2) Rule disregarding refunds in the administration of
certain programs.--The amendment made by subsection (d) shall
apply to amounts received after December 31, 2012.
SEC. 104. TEMPORARY EXTENSION OF ELECTION TO EXPENSE CERTAIN
DEPRECIABLE BUSINESS ASSETS.
(a) In General.--
(1) Dollar limitation.--Section 179(b)(1) is amended--
(A) by striking ``and'' at the end of subparagraph
(C),
(B) by redesignating subparagraph (D) as
subparagraph (E),
(C) by inserting after subparagraph (C) the
following new subparagraph:
``(D) $250,000 in the case of taxable years
beginning in 2013, and'', and
(D) in subparagraph (E), as so redesignated, by
striking ``2012'' and inserting ``2013''.
(2) Reduction in limitation.--Section 179(b)(2) is
amended--
(A) by striking ``and'' at the end of subparagraph
(C),
(B) by redesignating subparagraph (D) as
subparagraph (E),
(C) by inserting after subparagraph (C) the
following new subparagraph:
``(D) $800,000 in the case of taxable years
beginning in 2013, and'', and
(D) in subparagraph (E), as so redesignated, by
striking ``2012'' and inserting ``2013''.
(b) Computer Software.--Section 179(d)(1)(A)(ii) is amended by
striking ``2013'' and inserting ``2014''.
(c) Election.--Section 179(c)(2) is amended by striking ``2013''
and inserting ``2014''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2012.
TITLE II--ALTERNATIVE MINIMUM TAX RELIEF
SEC. 201. TEMPORARY EXTENSION OF INCREASED ALTERNATIVE MINIMUM TAX
EXEMPTION AMOUNT.
(a) In General.--Paragraph (1) of section 55(d) is amended--
(1) by striking ``$72,450'' and all that follows through
``2011'' in subparagraph (A) and inserting ``$78,750 in the
case of taxable years beginning in 2012'', and
(2) by striking ``$47,450'' and all that follows through
``2011'' in subparagraph (B) and inserting ``$50,600 in the
case of taxable years beginning in 2012''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011.
SEC. 202. TEMPORARY EXTENSION OF ALTERNATIVE MINIMUM TAX RELIEF FOR
NONREFUNDABLE PERSONAL CREDITS.
(a) In General.--Paragraph (2) of section 26(a) is amended--
(1) by striking ``or 2011'' and inserting ``2011, or
2012'', and
(2) by striking ``2011'' in the heading thereof and
inserting ``2012''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011.
TITLE III--TREATMENT FOR PAYGO PURPOSES
SEC. 301. TREATMENT FOR PAYGO PURPOSES.
The budgetary effects of this Act shall not be entered on either
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory
Pay-As-You-Go Act of 2010. | Middle Class Tax Cut Act - Extends through 2013 for a taxpayer whose income is $200,000 or less ($250,000 for married couples filing a joint return): (1) the tax rate reductions and other tax benefits of the Economic Growth and Tax Relief Reconciliation Act of 2001, and (2) the reduction in the tax rate for dividend and capital gain income enacted by the Jobs and Growth Tax Relief Reconciliation Act of 2003. Increases income tax rates and phases-out personal exemptions and itemized deductions for certain high-income taxpayers.
Amends the Internal Revenue Code to extend through 2013: (1) the increased American Opportunity tax credit, (2) the increase in the refundable portion of the child tax credit, (3) the increased earned income tax credit percentage for three or more qualifying children, (4) the disregard of tax refunds in determining eligibility for federal and federally-assisted programs, and (5) the election to expense depreciable business assets.
Extends for one year: (1) the increased exemption amount for the alternative minimum tax (AMT), and (2) the offset against the AMT of certain nonrefundable personal tax credits.
Provides that the budgetary effects of this Act shall not be taken into account under the Statutory Pay-As-You-Go Act of 2010. | To amend the Internal Revenue Code of 1986 to provide tax relief to middle-class families. |
SECTION 1. DISABILITY COMPENSATION.
Section 1114 of title 38, United States Code, is amended--
(1) by striking out ``$83'' in subsection (a) and inserting
in lieu thereof ``$85'';
(2) by striking out ``$157'' in subsection (b) and
inserting in lieu thereof ``$162'';
(3) by striking out ``$240'' in subsection (c) and
inserting in lieu thereof ``$247'';
(4) by striking out ``$342'' in subsection (d) and
inserting in lieu thereof ``$352'';
(5) by striking out ``$487'' in subsection (e) and
inserting in lieu thereof ``$502'';
(6) by striking out ``$614'' in subsection (f) and
inserting in lieu thereof ``$632'';
(7) by striking out ``$776'' in subsection (g) and
inserting in lieu thereof ``$799'';
(8) by striking out ``$897'' in subsection (h) and
inserting in lieu thereof ``$924'';
(9) by striking out ``$1,010'' in subsection (i) and
inserting in lieu thereof ``$1,040'';
(10) by striking out ``$1,680'' in subsection (j) and
inserting in lieu thereof ``$1,730'';
(11) by striking out ``$2,089'', ``$68'', and ``$2,927'' in
subsection (k) and inserting in lieu thereof ``$2,152'',
``$70'', and ``$3,015'', respectively;
(12) by striking out ``$2,089'' in subsection (l) and
inserting in lieu thereof ``$2,152'';
(13) by striking out ``$2,302'' in subsection (m) and
inserting in lieu thereof ``$2,371'';
(14) by striking out ``$2,619'' in subsection (n) and
inserting in lieu thereof ``$2,698'';
(15) by striking out ``$2,927'' each place it appears in
subsections (o) and (p) and inserting in lieu thereof
``$3,015'';
(16) by striking out ``$1,257'' and ``$1,872'' in
subsection (r) and inserting in lieu thereof ``$1,295'' and
``$1,928'', respectively; and
(17) by striking out ``$1,879'' in subsection (s) and
inserting in lieu thereof ``$1,935''.
SEC. 2. ADDITIONAL COMPENSATION FOR DEPENDENTS.
Section 1115(1) of title 38, United States Code, is amended--
(1) by striking out ``$100'' in subparagraph (A) and
inserting in lieu thereof ``$103'';
(2) by striking out ``$169'' and ``$52'' in subparagraph
(B) and inserting in lieu thereof ``$174'' and ``$54'',
respectively;
(3) by striking out ``$69'' and ``$52'' in subparagraph (C)
and inserting in lieu thereof ``$71'' and ``$54'',
respectively;
(4) by striking out ``$80'' in subparagraph (D) and
inserting in lieu thereof ``$82'';
(5) by striking out ``$185'' in subparagraph (E) and
inserting in lieu thereof ``$191''; and
(6) by striking out ``$155'' in subparagraph (F) and
inserting in lieu thereof ``$160''.
SEC. 3. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS.
Section 1162 of title 38, United States Code, is amended by
striking out ``$452'' and inserting in lieu thereof ``$466.''
SEC. 4. DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES.
Section 1311 of title 38, United States Code, is amended--
(1) by striking out the table in subsection (a) and
inserting in lieu thereof the following:
Monthly Monthly
``Pay grade rate Pay grade rate
E-1................. $634 W-4..................... $911
E-2................. 654 O-1..................... 803
E-3................. 672 O-2..................... 829
E-4................. 714 O-3..................... 888
E-5................. 732 O-4..................... 939
E-6................. 749 O-5..................... 1,035
E-7................. 785 O-6..................... 1,168
E-8................. 829 O-7..................... 1,262
E-9................. \1\866 O-8..................... 1,383
W-1................. 803 O-9..................... 1,483
W-2................. 835 O-10.................... \2\1,627
W-3................. 860
``\1\If the veteran served as sergeant major of the Army, senior
enlisted advisor of the Navy, chief master sergeant of the Air Force,
sergeant major of the Marine Corps, or master chief petty officer of
the Coast Guard, at the applicable time designated by section 402 of
this title, the surviving spouse's rate shall be $934.
``\2\If the veteran served as Chairman or Vice-Chairman of the Joint
Chiefs of Staff, Chief of Staff of the Army, Chief of Naval
Operations, Chief of Staff of the Air Force, Commandant of the Marine
Corps, or Commandant of the Coast Guard, at the applicable time
designated by section 402 of this title, the surviving spouse's rate
shall be $1,744.'';
(2) by striking out ``$185'' in subsection (c) and
inserting in lieu thereof ``$191''; and
(3) by striking out ``$90'' in subsection (d) and inserting
in lieu thereof ``$93''.
SEC. 5. DEPENDENCY AND INDEMNITY COMPENSATION FOR CHILDREN.
(a) DIC for Orphan Children.--Section 1313(a) of title 38, United
States Code, is amended--
(1) by striking out ``$310'' in paragraph (1) and inserting
in lieu thereof ``$319'';
(2) by striking out ``$447'' in paragraph (2) and inserting
in lieu thereof ``$460'';
(3) by striking out ``$578'' in paragraph (3) and inserting
in lieu thereof ``$595''; and
(4) by striking out ``$578'' and ``$114'' in paragraph (4)
and inserting in lieu thereof ``$595'' and ``$117'',
respectively.
(b) Supplemental DIC for Disabled Adult Children.--Section 1314 of
such title is amended--
(1) by striking out ``$185'' in subsection (a) and
inserting in lieu thereof ``$191'';
(2) by striking out ``$310'' in subsection (b) and
inserting in lieu thereof ``$319''; and
(3) by striking out ``$157'' in subsection (c) and
inserting in lieu thereof ``$162''.
SEC. 6. TECHNICAL CORRECTION RELATING TO THE FINANCING OF DISCOUNT
POINTS.
Section 3703(c)(4)(B) of title 38, United States Code, is amended
in the second sentence by striking out ``Discount'' and inserting in
lieu thereof ``Except in the case of a loan for the purpose specified
in section 3710(a)(8) or 3712(a)(1)(F) of this title, discount''. | Increases the rates of: (1) veterans' disability compensation; (2) additional compensation for veterans' dependents; (3) the clothing allowance for certain disabled veterans; (4) dependency and indemnity compensation for surviving spouses and children; and (5) supplemental dependency and indemnity compensation for disabled adult children.
Makes a technical correction relating to the financing of discount points for certain veterans' loans.
Deletes the requirement that adjustments in adjustable rate mortgages guaranteed to veterans by the Department of Veterans Affairs occur on the anniversary of the date on which the loan was closed. | A bill to amend title 38, United States Code, to codify the rates of disability compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for survivors of such veterans as such rates took effect of December 1, 1992, and to make a technical correction relating to the financing of discount points for certain veterans loans. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``1997 Franklin Delano Roosevelt
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the people of the United States feel a deep debt of
gratitude to Franklin Delano Roosevelt for his leadership in
America's struggle for peace, well-being, and human dignity;
(2) Franklin Delano Roosevelt served his country as the
thirty-second President from 1932 until his death in 1945, and
is the only United States President elected to 4 terms in
office;
(3) Franklin Delano Roosevelt served the State of New York
as Governor from 1928 through 1932;
(4) Franklin Delano Roosevelt served his country as the
United States Assistant Secretary of the Navy from 1913 through
1920;
(5) Franklin Delano Roosevelt piloted the American people
through the economic chaos of the Great Depression;
(6) Franklin Delano Roosevelt, as our commander in chief,
led the American people through the turmoil of World War II;
(7) Franklin Delano Roosevelt established Social Security,
thus providing all Americans with a more abundant and secure
life;
(8) Franklin Delano Roosevelt was the author of ``The Four
Freedoms: Freedom of Speech, Freedom of Worship, Freedom from
Want, and Freedom from Fear'';
(9) Franklin Delano Roosevelt was the founder of the
National Foundation for Infantile Paralysis, parent
organization of the March of Dimes;
(10) Franklin Delano Roosevelt was the chief architect of
the United Nations;
(11) after many years of planning, the Franklin Delano
Roosevelt Memorial will soon join the memorials of Washington,
Jefferson, and Lincoln as a tribute to another great American
leader;
(12) the Franklin Delano Roosevelt Memorial will be a
series of 4 large outdoor rooms encompassing over 7 acres, and
will be situated between the Lincoln and Jefferson memorials in
Washington, D.C.; and
(13) in 1997, the Nation will celebrate the public opening
of this magnificent memorial, honoring one of our greatest
Presidents.
SEC. 3. COIN SPECIFICATIONS.
(a) Half Dollar Silver Coins.--The Secretary of the Treasury
(hereafter in this Act referred to as the ``Secretary'') shall mint and
issue not more than 500,000 half dollar coins, each of which shall--
(1) weigh 12.50 grams;
(2) have a diameter of 30.61 millimeters; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 4. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 5. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The obverse side of each coin minted under
this Act shall bear a likeness of Franklin Delano Roosevelt,
the thirty-second President of the United States. The reverse
side of each coin shall be emblematic of the Franklin Delano
Roosevelt Memorial in Washington, D.C.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``1997''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Franklin Delano Roosevelt Memorial Commission and the
Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
(c) Additions and Alterations.--No addition or alteration to the
design selected in accordance with subsection (b) shall be made without
the approval of the Franklin Delano Roosevelt Memorial Commission.
SEC. 6. ISSUANCE OF COINS.
(a) Quality and Mint Facility.--The coins authorized under this Act
may be issued in uncirculated and proof qualities and shall be struck
at the United States Bullion Depository at West Point.
(b) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the period beginning on January 1, 1997, and
ending on December 31, 1997.
SEC. 7. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Surcharges.--All sales shall include a surcharge of $3 per
coin.
SEC. 8. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 9. DISTRIBUTION OF SURCHARGES.
(a) In General.--All surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary as follows:
(1) An amount equal to 50 percent of the total surcharges
shall be paid to the National Park Foundation Restricted
Account for the Franklin Delano Roosevelt Memorial.
(2) An amount equal to 50 percent of the total surcharges
shall be paid to the National Park Service Restricted
Construction Account for the Franklin Delano Roosevelt
Memorial.
(b) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the accounts referred to in subsection (a) as may be related to
the expenditures of amounts paid under such subsection.
SEC. 10. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board. | 1997 Franklin Delano Roosevelt Commemorative Coin Act - Directs the Secretary of the Treasury to issue commemorative half-dollar silver coins whose obverse side shall bear a likeness of Franklin Delano Roosevelt, and whose reverse side shall be emblematic of the Franklin Delano Roosevelt Memorial in Washington, D.C.
Mandates that the design for the coins shall be: (1) selected by the Secretary after consultation with the Franklin Delano Roosevelt Memorial Commission and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee.
Declares that: (1) the coins shall be struck at the U.S. Bullion Depository at West Point; and (2) may be issued only from January 1, 1997, to December 31, 1997.
Requires the Secretary to distribute proceeds from surcharges in equal allocations to: (1) the National Park Foundation Restricted Account for the Franklin Delano Roosevelt Memorial; and (2) the National Park Service Restricted Construction Account for the Franklin Delano Roosevelt Memorial. | 1997 Franklin Delano Roosevelt Commemorative Coin Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Microcredit for Self-Sufficiency Act
of 1998''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) More than 1,000,000,000 people in the developing world
are living in severe poverty.
(2) According to the United Nations Children's Fund, the
mortality for children under the age of 5 is 10 percent in all
developing countries and nearly 20 percent in the poorest
countries.
(3) Nearly 33,000 children die each day from malnutrition
and disease which is largely preventable.
(4)(A) Women in poverty generally have larger work loads
and less access to educational and economic opportunities than
their male counterparts.
(B) Directly aiding the poorest of the poor, especially
women, in the developing world has a positive effect not only
on family incomes, but also on child nutrition, health, and
education, since women tend to reinvest income in their
families.
(5)(A) The poor in the developing world, particularly
women, generally lack stable employment and social safety nets.
(B) Many women turn to self-employment to generate a
substantial portion of their livelihood.
(C) These poor entrepreneurs are often trapped in poverty
because they cannot obtain credit at reasonable rates to build
their asset base or expand their otherwise viable self-
employment activities.
(D) Many of the poor are forced to pay interest rates as
high as 10 percent per day to money lenders.
(6)(A) On February 2-4, 1997, an international Microcredit
Summit was held in Washington, D.C., to launch a plan to expand
access to credit for self-employment and other financial and
business services to 100,000,000 of the world's poorest
families, especially the women of those families, by 2005.
(B) With an average of 5 people to a family, achieving this
goal will mean that the benefits of microcredit will reach
nearly half of the world's more than 1,000,000,000 absolute
poor.
(7)(A) The poor are able to expand their incomes and their
businesses dramatically when they have access to loans at
reasonable interest rates.
(B) Through the development of self-sustaining microcredit
programs, poor people themselves can lead the fight against
hunger and poverty.
(8)(A) Nongovernmental organizations such as the Grameen
Bank, Accion International, and the Foundation for
International Community Assistance (FINCA) have been successful
in lending directly to the very poor.
(B) These institutions generate repayment rates averaging
95 percent or higher.
(9)(A) Microcredit institutions not only reduce poverty,
but also reduce the dependency on foreign assistance.
(B) Interest income on a credit portfolio can be used to
pay recurring institutional costs, assuring that the long-term
development is sustained.
(10) Microcredit institutions leverage foreign assistance
resources because loans are recycled, generating new benefits
to program participants.
(11) The development of sustainable microcredit
institutions that provide credit and training, and mobilize
domestic savings, are critical to a global strategy of poverty
reduction and broad-based economic development.
(12)(A) In 1994, AID launched a Microenterprise Initiative
in consultation with Congress.
(B) The Initiative was committed to expanding funding for
AID's microenterprise programs, provided funding of
$137,000,000 for fiscal year 1994, and set a goal that, by the
end of fiscal year 1996, half of all microenterprise resources
would support programs and institutions providing credit to the
poorest with loans under $300.
(C) In fiscal year 1996, total funding for microenterprise
activities fell to $111,000,000 of which only 39 percent was
used for programs benefiting the poorest with loans under $300.
(D) Increased investment in microcredit institutions
serving the poorest is critical to achieving the Microcredit
Summit's goal.
(E) AID's funding for microenterprise activities in the
developing world should be expanded to $160,000,000 for fiscal
year 1999 to parallel the growing capacity of microcredit
institutions in the developing world.
(13) Providing the United States share of the global
investment needed to achieve the goal of the Microcredit Summit
will require only a modest increase in United States funding
for international microcredit programs, with an increased focus
on institutions serving the poorest.
(14)(A) In order to reach tens of millions of the poorest
with microcredit, it is crucial to expand and replicate
successful microcredit institutions.
(B) Microcredit institutions need assistance in developing
their institutional capacity to expand their services and tap
commercial sources of capital.
(15) PVOs and other nongovernmental organizations have
demonstrated competence in developing networks of local
microcredit institutions that can reach large numbers of the
very poor, and help the very poor achieve financial
sustainability.
(16) Since AID has developed very effective partnerships
with PVOs and other nongovernmental organizations, AID should
place a priority on investing in PVOs and other nongovernmental
organizations through AID's central funding mechanisms.
(17) By expanding and replicating successful microcredit
institutions, AID should be able to assure the creation of a
global infrastructure to provide financial services to the
world's poorest families.
(18)(A) AID can provide leadership among bilateral and
multilateral development aid agencies as such agencies expand
their support of microenterprise for the poorest.
(B) AID should seek to improve the coordination of efforts
at the operational level to promote the best practices for
providing financial services to the poor and to ensure that
adequate institutional capacity is developed.
(b) Purposes.--The purposes of this Act are--
(1) to provide for the continuation and expansion of AID's
commitment to develop microcredit institutions;
(2) to make microenterprise development the centerpiece of
the overall economic growth strategy of AID;
(3) to support and develop the capacity of United States
PVOs, and other international nongovernmental organizations to
provide credit, savings, and training services to
microentrepreneurs; and
(4) to increase the amount of assistance devoted to
providing access to credit for the poorest sector in developing
countries, particularly women.
SEC. 3. DEFINITIONS.
In this Act:
(1) AID.--The term ``AID'' means the United States Agency
for International Development.
(2) Microcredit, microenterprise, poverty lending; poverty
lending portion of mixed programs; mixed programs.--The terms
``microcredit'', ``microenterprise'', ``poverty lending portion
of mixed programs'', and ``mixed programs'' have the meaning
given such terms under the 1994 Microenterprise Initiative of
AID.
(3) PVOs and other nongovernmental organizations.--The term
``PVOs and other nongovernmental organizations'' means--
(A) private voluntary organizations (including
cooperative organizations), and
(B) international, regional, or national
nongovernmental organizations,
that are active in the region or country where the project is
located and that have the capacity to develop and implement
microenterprise programs that are oriented toward working
directly with the poor, especially the poorest and women.
SEC. 4. MICROENTERPRISE ASSISTANCE.
(a) Authorization.--
(1) In general.--The President, acting through the
Administrator of AID, is authorized to establish programs to
provide credit and other assistance for microenterprises in
developing countries.
(2) Use of pvos and other nongovernmental organizations.--
Programs to provide credit for microenterprises and related
activities under this section shall be carried out primarily by
United States PVOs and other United States and indigenous
nongovernmental organizations, including credit unions, cooperative
organizations, and other private financial intermediaries.
(b) Eligibility Criteria.--The Administrator of AID shall establish
criteria for determining which entities described in subsection (a)(2)
are eligible to carry out the purposes described in section 2(b). Such
criteria shall include the following:
(1) The extent to which the recipients of credit from the
entity lack access to the local formal financial sector.
(2) The extent to which the recipients of credit from the
entity are among the poorest people in the country.
(3) The extent to which the entity is oriented toward
working directly with poor women.
(4) The extent to which the entity is implementing a plan
to become financially self-reliant by charging realistic
interest rates to its borrowers.
(c) Funding Levels for Fiscal Year 1999.--
(1) In general.--Of the amounts made available to carry out
chapter 1 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.), not less than $160,000,000 of the funds
made available for fiscal year 1999 shall be used to provide
assistance under this Act. The funds authorized under the
preceding sentence shall be in addition to any funds made
available in fiscal year 1999 for microenterprise activities in
the former Soviet Union and Eastern Europe pursuant to the
FREEDOM Support Act and any funds for special assistance
initiatives within Europe, the newly independent states of the
Former Soviet Union, Asia, and the Near East.
(2) Additional requirements.--
(A) Poverty lending.--Of the funds made available
under paragraph (1), not less than $80,000,000 shall be
used to support poverty lending.
(B) Support of pvos and other nongovernmental
organizations.--Of the funds made available under
paragraph (1), not less than $35,000,000 shall be
provided through the central funding mechanisms of AID
for support of United States PVOs and United States and
indigenous nongovernmental organizations.
(C) Matching grant program.--Of the funds made
available under paragraph (1), not less than
$10,000,000 shall be used for the private voluntary
organizations matching grant program of AID for support
of United States PVOs.
(3) Definitions.--For purposes of this subsection--
(A) To support poverty lending.--The term ``to
support poverty lending'' means--
(i) funds lent to members of the poverty
target population (as defined in subparagraph
(B)) in low-income countries in amounts
equivalent to $300 or less in 1997 United
States dollars; and
(ii) funds used for institutional
development of an entity described in
subsection (a)(2), that is engaged in--
(I) making loans of $300 or less in
1997 United States dollars to members
of the poverty target population; or
(II) the poverty lending portion of
a mixed program.
(B) Poverty target population.--The term ``poverty
target population'' means the poorest 50 percent of
those individuals living below the poverty line,
defined by the national government of the foreign
country to which funds are being provided.
SEC. 5. PROGRAM PERFORMANCE CRITERIA.
(a) Strengthening of Appropriate Mechanisms.--The Administrator of
AID shall--
(1) strengthen appropriate mechanisms, including mechanisms
for central microenterprise programs, for the purpose of
strengthening the institutional development of the entities
described in section 4(a)(2); and
(2) develop and strengthen appropriate mechanisms for the
purpose of gathering and disseminating the best practice for
targeting microcredit to the poorest segment of the population.
(b) Monitoring System.--In order to sustain the impact of the
assistance authorized under section 4, the Administrator of AID shall
establish a monitoring system that--
(1) establishes performance goals for such assistance and
expresses such goals in an objective and quantifiable form;
(2) establishes performance systems or indicators to
measure the extent to which projects are achieving such goals;
and
(3) provides a basis for recommendations for adjustments to
such assistance to enhance the benefit of such assistance for
the very poor, particularly women.
(c) Additional Monitoring Requirements.--As a part of the
monitoring system established under subsection (b), the Administrator
of AID--
(1) using data provided by lending institutions, shall
monitor the actual amount of microenterprise credit and the
number of loans made available to the poverty target population
as a result of each project or program carried out pursuant to
this Act;
(2) using data provided by lending institutions, shall
monitor the amount of funding provided pursuant to this Act
which is allocated to organizations engaged in making loans of
under $300 to the poverty target population, or to the poverty
lending portion of mixed programs;
(3) shall report to Congress annually on the progress in
implementing AID's institutional plan of action to achieve the
Microcredit Summit goal of expanding access to credit and other
financial and business services to 100,000,000 of the world's
poorest families, especially the women in those families, by
2005; and
(4) shall include a summary of the information collected
under paragraphs (1) and (2) in AID's annual presentation to
Congress. | Microcredit for Self-Sufficiency Act of 1998 - Authorizes the President to establish programs to provide through U.S. private voluntary organizations (PVOs) and other U.S. and indigenous nongovernmental organizations and credit institutions credit and other assistance for microenterprises in developing countries. Sets forth assistance eligibility criteria.
Authorizes funding allocations.
Directs the Administrator of the U.S. Agency for International Development (AID), in order to sustain the impact of such assistance, to establish a monitoring system that sets certain performance goals and provides a basis for recommendations for adjustments to enhance its benefit for the very poor, particularly women. | Microcredit for Self Sufficiency Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Contracting Oversight and
Reform Act of 2010''.
SEC. 2. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional committees''
means the Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Oversight and Government Reform of the
House of Representatives.
SEC. 3. CONGRESSIONAL OVERSIGHT.
Section 872(e)(1) of the Clean Contracting Act of 2008 (subtitle G
of title VIII of Public Law 110-417; 41 U.S.C. 417b(e)(1)) is amended
by striking ``to the Chairman and Ranking Member of the committees of
Congress having jurisdiction'' and inserting ``to any Member of
Congress''.
SEC. 4. COMPLIANCE.
(a) Self-Reporting Requirement.--Section 872(f) of the Clean
Contracting Act of 2008 (subtitle G of title VIII of Public Law 110-
417; 41 U.S.C. 417b(f) is amended to read as follows:
``(f) Self-Reporting Requirement.--
``(1) Contracts in excess of simplified acquisition
threshold.--No funds appropriated or otherwise made available
by any Act may be used for any Federal contract for the
procurement of property or services in excess of the simplified
acquisition threshold unless the contractor has first made the
certifications set forth in section 52.209-5 of the Federal
Acquisition Regulation.
``(2) Contracts in excess of $500,000.--No funds
appropriated or otherwise made available by any Act may be used
for any Federal contract for the procurement of property or
services in excess of $500,000 unless the contractor--
``(A) certifies that the contractor has submitted
to the Administrator the information required under
subsection (c) and that such information is current as
of the date of such certification; or
``(B) certifies that the contractor has cumulative
active Federal contracts and grants with a total value
of less than $10,000,000.''.
(b) Periodic Inspection or Review of Contract Files.--Section
872(e)(2) of the Clean Contracting Act of 2008 (subtitle G of title
VIII of Public Law 110-417; 41 U.S.C. 417b(e)(2)) is amended by adding
at the end the following new subparagraph:
``(C) Periodic inspection or review.--The Inspector
General of each Federal agency shall periodically--
``(i) conduct an inspection or review of
the contract files required under subparagraph
(B) to determine if the agency is providing
appropriate consideration of the information
included in the database created pursuant to
subsection (c); and
``(ii) submit a report containing the
results of the inspection or review conducted
under clause (i) to the Committee on Homeland
Security and Governmental Affairs of the Senate
and the Committee on Oversight and Government
Reform of the House of Representatives.''.
(c) Annual Report.--The Comptroller General of the United States
shall annually submit a report to the appropriate congressional
committees describing the extent to which suspended or debarred
contractors on the Excluded Parties List System--
(1) are identified as having received Federal contracts on
USAspending.gov; or
(2) were granted waivers from Federal agencies from
suspension or debarment for purposes of entering into Federal
contracts.
SEC. 5. CONSOLIDATION OF CONTRACTING INFORMATION DATABASES.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Director of the Office of Management and
Budget, in consultation with the Administrator of General Services,
shall submit to the appropriate congressional committees a plan for
integrating and consolidating existing contracting information
databases, including the databases set forth in subsection (b), into a
single searchable and linked network.
(b) Included Databases.--The single network described in subsection
(a) shall include information from all relevant contracting information
databases, including--
(1) the Excluded Parties List System (EPLS);
(2) the Central Contractor Registry (CCR);
(3) the Contractor Performance Assessment Reporting System
(CPARS);
(4) the Federal Assistance Award Data System (FAADS);
(5) the Federal Awardee Performance and Integrity
Information System (FAPIIS);
(6) the Federal Business Opportunities Database (FBO);
(7) the Federal Procurement Data System-Next Generation
(FPDS-NG);
(8) the Past Performance Information Retrieval System
(PPIRS); and
(9) USAspending.gov.
SEC. 6. UNIQUE IDENTIFYING NUMBER.
(a) Study.--The Inspector General of the General Services
Administration shall conduct a study on the use of identifying numbers
for Federal contractors to--
(1) determine if the system of contractor identifying
numbers in use as of the date of the enactment of this Act is
adequately tracking Federal contractors;
(2) assess the feasibility of developing and adopting a new
unique Federal contractor identification system; and
(3) determine whether such a system would more effectively
track Federal contractors.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General shall submit to the
appropriate congressional committees a report on the study conducted
under subsection (a).
SEC. 7. DATABASE SCOPE.
Section 872(c) of the Clean Contracting Act of 2008 (subtitle G of
title VIII of Public Law 110-417; 41 U.S.C. 417(c)) is amended--
(1) in the matter preceding paragraph (1), by striking ``5-
year period'' and inserting ``10-year period''; and
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``with the Federal Government'';
(B) in subparagraph (C), by striking ``In an
administrative proceeding, a finding of fault and
liability'' and inserting ``An administrative
proceeding''; and
(C) in subparagraph (D), by striking ``with an
acknowledgment of fault by the person''. | Federal Contracting Oversight and Reform Act of 2010 - Amends the Clean Contracting Act of 2008 to: (1) require the Administrator of General Services (GSA) to ensure that the information in the database of information regarding the integrity and performance of persons awarded federal contracts and grants is available to any Member of Congress (currently, limited to the Chairman and Ranking Member of the committees having jurisdiction); and (2) expand the scope of the database, including doubling the period of coverage.
Prohibits funds appropriated or otherwise made available by any Act from being used for any federal contract for the procurement of property or services in excess of: (1) the simplified acquisition threshold unless the contractor has first made the certifications set forth in the Federal Acquisition Regulation regarding debarment, suspension, proposed debarment, and other responsibility matters; and (2) $500,000 unless the contractor certifies that he or she has submitted to the Administrator specified required information and that such information is current as of the date of the certification, or that the contractor has cumulative active federal contracts and grants valued at less than $10 million.
Requires the Inspector General of each federal agency to periodically: (1) conduct an inspection or review of required contract files to determine if the agency is providing appropriate consideration of the information included in the database; and (2) report to Congress on the results of the inspection or review. Requires the Comptroller General to annually report on the extent to which suspended or debarred contractors on the Excluded Parties List System are identified as having received contracts on USAspending.gov or were granted waivers from suspension or debarment.
Requires: (1) the Director of the Office of Management and Budget (OMB) to report to Congress a plan for integrating and consolidating specified existing contracting information databases into a single searchable and linked network; and (2) the Inspector General of GSA to conduct a study on the use of identifying numbers for federal contractors. | A bill to improve the management and oversight of Federal contracts, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Lands Corps Act of 1993''.
SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) conserving or developing natural and cultural resources
and enhancing and maintaining environmentally important lands
and waters through the use of the Nation's young men and women
in a Public Lands Corps can benefit those men and women by
providing them with education and work opportunities,
furthering their understanding and appreciation of the natural
and cultural resources, and providing a means to pay for higher
education or to repay indebtedness they have incurred to obtain
higher education while at the same time benefiting the Nation's
economy and its environment;
(2) many facilities and natural resources located on public
lands and on Indian reservations are in disrepair or degraded
and in need of labor intensive rehabilitation, restoration, and
enhancement work which cannot be carried out by Federal
agencies at existing personnel levels; and.
(3) youth conservation corps have established a good record
of restoring and maintaining these kinds of facilities and
resources in a cost effective and efficient manner, especially
when they have worked in partnership arrangements with
government land management agencies.
(b) Purpose.--It is the purpose of this Act to--
(1) perform, in a cost-effective manner, conservation,
rehabilitation, restoration, and improvement work on public
lands and Indian lands where that work will not be performed by
existing employees, and to assist government and tribal land
managing agencies in performing research and public education
tasks associated with natural and cultural resources on public
lands;
(2) expose young men and women to public service while
furthering their understanding and appreciation of the nation's
natural and cultural resources;
(3) expand educational opportunity by rewarding individuals
who participate in national service with an increased ability
to pursue higher education or job training; and
(4) stimulate interest among the nation's young men and
women in conservation careers by exposing them to conservation
professionals in land managing agencies.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ``Corps'' means the Public Lands Corps
established under section 4.
(2) The term ``public lands'' means any lands or waters (or
interest therein) owned or administered by the United States
other than Indian lands.
(3) The term ``qualified youth or conservation corps''
means any program established by a State or local government,
by the governing body of any Indian tribe, or by a nonprofit
organization that--
(A) is capable of offering meaningful, full-time,
productive work for individuals between 16 and 25 years
of age in a natural or cultural resource setting;
(B) gives participants a mix of work experience,
basic and life skills, education, training, and support
services; and
(C) provides participants with the opportunity to
develop citizenship values and skills through service
to their community and the United States.
(4) The term ``Indian tribe'' means any Indian tribe, band,
nation, or other group which is recognized as an Indian tribe
by the Secretary of the Interior. Such term also includes any
Native village corporation, regional corporation, and Native
group established pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1701 et seq.).
(5) The term ``Indian'' means a person who is a member of
an Indian tribe.
(6) The term ``Indian lands'' means any real property owned
by an Indian tribe, any real property held in trust by the
United States for Indian tribes, and any real property held by
Indian tribes which is subject to restrictions on alienation
imposed by the United States.
(7) The term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, the Virgin Islands, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(8) The term ``conservation, restoration, or rehabilitation
project'' means any project for the conservation, restoration,
or rehabilitation of natural, cultural, historic,
archaeological, recreational, or scenic resources.
SEC. 4. PUBLIC LANDS CORPS PROGRAM.
(a) Establishment of Public Lands Corps.--There is hereby
established in the Department of the Interior and the Department of
Agriculture a Public Lands Corps. The Corps shall consist of young men
and women between the ages of 16 and 25 who are enrolled in the Corps
by the Secretary of the Interior or the Secretary of Agriculture under
this Act. Persons enrolled in the Corps shall be citizens or permanent
residents of the United States, or of any territory or possession of
the United States or of the Commonwealth of Puerto Rico who have
received a high school diploma or its equivalent or who agree to obtain
a high school diploma or its equivalent and who did not drop out of an
elementary or secondary school to enroll in the program. Such persons
shall be enrolled in the Corps without regard to the civil service and
classification laws, rules, or regulations of the United States.
(b) Qualified Youth or Conservation corps.--The Secretary of the
Interior and the Secretary of Agriculture are authorized to enter into
contracts and cooperative agreements with any qualified youth or
conservation corps to perform projects referred to in subsection (c).
(c) Projects to be Carried Out.--The Secretary of the Interior and
the Secretary of Agriculture may each utilize the Public Lands Corps or
any qualified youth or conservation corps to carry out any
conservation, restoration, or rehabilitation project which such
Secretary is authorized to carry out under other authority of law on
public lands or Indian lands.
(d) Preference for Certain Projects.--In selecting projects to be
carried out under this Act, a preference shall be provided for those
projects which--
(1) will provide long-term benefits to the public;
(2) will instill in the enrollee involved a work ethic and
a sense of public service;
(3) will be labor intensive;
(4) can be planned and initiated promptly; and
(5) will provide academic, experiential, and environmental
education opportunities.
(e) Consistency.--All projects carried out under this Act on any
public lands or Indian lands shall be consistent with the provisions of
law and policies relating to the management and administration of such
lands, with all other applicable provisions of law, and with all
management, operational, and other plans and documents which govern the
administration of the area.
(f) Conservation Centers.--The Secretary of the Interior and the
Secretary of Agriculture are each authorized to provide such quarters,
board, medical care, transportation, and other services, facilities,
supplies, and equipment as such Secretary deems necessary in connection
with the programs carried out under this section and to establish and
use conservation centers owned and operated by such Secretary for
purposes of such programs. Each such Secretary may make arrangements
with the Secretary of Defense to have logistical support provided by a
military installation near any conservation center, where feasible,
including the provision of temporary tent shelters where needed,
transportation, and residential supervision. Such Secretaries shall
establish basic standards of health, nutrition, sanitation, and safety
for all conservation centers and shall assure that such standards are
enforced. Where necessary or appropriate, such Secretaries may enter
into contracts and other appropriate arrangements with State and local
government agencies and private organizations for the management of
such conservation centers.
SEC. 5. RESOURCE ASSISTANTS.
(a) Authorization.--The Secretary of the Interior and the Secretary
of Agriculture are each authorized to provide for the placement of
qualified college students or recent college graduates in any Federal
land managing agency under the jurisdiction of such Secretary as
resource assistants to carry out such research or other technical
functions on behalf of such agency as such Secretary deems appropriate.
Such persons shall be placed in the agency without regard to the civil
service and classification laws, rules, or regulations of the United
States. Resource assistants participating in the program established
under this section shall be recruited from colleges and universities
throughout the United States, with particular attention given to ensure
full representation of women and participants from historically black,
Hispanic, and Native American schools.
(b) Purposes.--The dual purposes of the Resource Assistant Program
established under this section are to--
(1) augment the work force of the Federal land managing
agencies through more extensive use of college students and
recent college graduates, and
(2) to enhance the college student or college graduate's
exposure to the conservation agency work place as a potential
career.
(c) Existing Nonprofit Organizations.--Whenever 1 or more existing
nonprofit organizations can, in the judgment of the agency, provide an
appropriate level and quality of program to fulfill the requirements of
this section, the agency is authorized and directed to implement this
section through such existing organizations.
(d) Private Sources of Funding.--Participating nonprofit
organizations shall contribute to the expenses of providing and
supporting the interns, through private sources of funding, at a level
equal to 25 percent of the total costs of each participant in the
Resource Assistant program who has been recruited and placed through
that organization. Any such participating nonprofit conservation
service organization shall be required, by the respective land managing
agency, to submit an annual report evaluating the scope, size, and
quality of the program, including the value of work contributed by the
Resource Assistants, to the mission of the agency.
SEC. 6. LIVING ALLOWANCES AND TERMS OF SERVICE FOR PARTICIPANTS.
(a) Living Allowances.--The Secretary of the Interior and the
Secretary of Agriculture shall provide each participant in the Public
Lands Corps and each Resource Assistant participating in the program
established under section 5 a living allowance which shall not exceed
the maximum living allowance established for participants in the
national service program established under title I of the National and
Community Service Act of 1990 (42 U.S.C. 12571 et seq.)
(b) Terms of Service.--Each participant in the Public Lands Corps
and each Resource Assistant participating in the program established
under section 5 shall agree to participate in such program for a term
of service established by the Secretary of the Interior or the
Secretary of Agriculture, as the case may be, consistent with the terms
of service required in the case of participants in the national service
program established under the National and Community Service Act of
1990 (42 U.S.C. 12571 et seq.)
SEC. 7. EDUCATIONAL BENEFITS OR AWARDS FOR PARTICIPANTS.
(a) Educational Benefits and Awards.--Each participant in the
Public Lands Corps and each Resource Assistant participating in the
program established under section 5 shall be eligible for national
service awards under title I of the National and Community Service Act
of 1990 (42 U.S.C. 12571 et seq.) if such participant complies with
such requirements as may be established under this Act by the Secretary
of the Interior or the Secretary of Agriculture respecting eligibility
for such benefits and awards. The period during which such benefits or
awards may be used, the purposes for which such benefits or awards may
be used, and the amount of such benefits and awards shall be determined
as provided under such subtitle D.
(b) Forbearance in the Collection of Stafford Loans.--For purposes
of section 428 of the Higher Education Act of 1965, in the case of
borrowers who are participants in the Public Lands Corps and Resource
Assistants participating in the program established under section 5,
upon written request, a lender shall grant a borrower forbearance on
such terms as are otherwise consistent with the regulations of the
Secretary of Education, during periods in which the borrower is serving
as such a participant or Resource Assistant and eligible for a post
service educational benefit or award under subsection (a).
SEC. 8. NONDISPLACEMENT.
The nondisplacement requirements of section 177 of the National and
Community Service Act of 1990 (42 U.S.C. 12637) shall be applicable to
all activities carried out by the Public Lands Corps, to the program
carried out under section 6, and to all activities carried out under
this Act by a qualified youth or conservation corps.
SEC. 9. FUNDING.
(a) Cost Sharing.--
(1) Projects by qualified youth or conservation corps.--The
Secretary of the Interior and the Secretary of Agriculture are
each authorized to pay not more than 75 percent of the costs of
any project carried out pursuant to this Act on public lands by
a qualified youth or conservation corps. The remaining 25
percent of such costs may be provided from nonfederal sources
in the form of funds, services, facilities, materials,
equipment, or any combination of the foregoing. No cost sharing
shall be required in the case of any such project carried out
on Indian lands.
(2) Public Lands Corps.--A foundation associated with a
Federal land managing agency may contribute to the costs of any
project carried out by the Public Lands Corps established under
this Act, but nothing in this Act shall be construed to require
any cost sharing for any such project.
(b) Funds Available Under National and Community Service Act.--For
programs carried out under this section (including the Resource
Assistant Program), the Secretary of the Interior and the Secretary of
Agriculture shall be eligible to receive funds available to any corps
programs under the National and Community Service Act of 1990 (42
U.S.C. 12501 and following). Such funds shall be provided to such
Secretaries without regard to any restriction under section 122(b)(4)
of such Act, or under any other provision of such Act, relating to the
failure of a State to establish a corps program.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this Act. | Public Lands Corps Act of 1993 - Establishes a Public Lands Corps in the Departments of the Interior and Agriculture to carry out authorized conservation, restoration, and rehabilitation projects on public lands or Indian lands. Requires the Corps to consist of men and women between the ages of 16 and 25 with high school diplomas or the equivalent. Authorizes the Secretaries to enter into contracts and cooperative agreements with any qualified youth or conservation corps to perform the projects.
Sets forth provisions relating to: (1) preferred project characteristics; and (2) provision of facilities, services, and supplies and establishment of conservation centers for project programs.
Authorizes the Secretaries to provide for the placement of qualified college students or recent college graduates as Resource Assistants in Federal land managing agencies to carry out research or other technical functions. Declares that the purposes of the Resource Assistant Program are: (1) to augment the work force of the Federal land managing agencies through more extensive use of college students and recent college graduates; and (2) to enhance exposure to the conservation agency work place as a potential career. Directs the agency to implement the Program through existing nonprofit organizations if they can provide an appropriate level and quality of program. Requires participating nonprofit organizations to contribute 25 percent of the total costs of each Program participant recruited and placed through that organization.
Applies provisions of the National and Community Service Act of 1990 (the Act) relating to living allowances, terms of service, educational benefits or awards, and nondisplacement to participants in the Public Lands Corps and Resource Assistant Program.
Authorizes the Secretaries to pay up to 75 percent of the costs of any project carried out on public lands by a qualified youth or conservation corps. Permits the remaining 25 percent of such costs to be provided from nonfederal sources in the form of funds, services, materials, or equipment. Prohibits cost sharing in the case of such project carried out on Indian lands.
Authorizes appropriations. | Public Lands Corps Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Veterans Access to Quality
Care Act of 2017''.
SEC. 2. EXPANSION OF AVAILABILITY OF PROSTHETIC AND ORTHOTIC CARE FOR
VETERANS.
(a) Establishment or Expansion of Advanced Degree Programs To
Expand Availability of Care.--The Secretary of Veterans Affairs shall
work with institutions of higher education to develop partnerships for
the establishment or expansion of programs of advanced degrees in
prosthetics and orthotics in order to improve and enhance the
availability of high quality prosthetic and orthotic care for veterans.
(b) Report.--
(1) In general.--Not later than one year after the
effective date specified in subsection (d), the Secretary shall
submit to the Committee on Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of
Representatives a report setting forth a plan for carrying out
subsection (a).
(2) Development of plan.--The Secretary shall develop the
plan required under paragraph (1) in consultation with veterans
service organizations, institutions of higher education with
accredited degree programs in prosthetics and orthotics, and
representatives of the prosthetics and orthotics field.
(c) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated for fiscal year 2017 for the Department of
Veterans Affairs, $5,000,000 to carry out this section.
(2) Availability.--The amount authorized to be appropriated
by paragraph (1) shall remain available for expenditure until
September 30, 2020.
(d) Effective Date.--This section shall take effect on the date
that is one year after the date of the enactment of this Act.
SEC. 3. PROVISION OF FULL PRACTICE AUTHORITY FOR ADVANCED PRACTICE
REGISTERED NURSES, PHYSICIAN ASSISTANTS, AND OTHER HEALTH
CARE PROFESSIONALS OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Full Practice Authority.--The Secretary of Veterans Affairs
shall provide full practice authority to advanced practice registered
nurses, physician assistants, and such other licensed health care
professionals of the Department of Veterans Affairs as is consistent
with the education, training, and certification of such health care
professionals.
(b) Inapplicability of State Limitations.--Full practice authority
shall be provided by the Secretary under subsection (a) to health care
professionals described in that subsection without regard to any
limitation that would otherwise be imposed on the health care practice
of such professionals by a licensing or credentialing body of a State
or otherwise under State law.
(c) Definitions.--In this section:
(1) The term ``advanced practice registered nurse'' has the
meaning given that term in section 5509(e)(1) of Public Law
111-148 (42 U.S.C. 1395ww note).
(2) The term ``full practice authority'' means--
(A) with respect to an advanced practice registered
nurse, the full scope of practice for the area of
nursing practiced by the advanced practice registered
nurse as determined by the national professional
association or organization, a successor association or
organization, or any other appropriate entity as
determined by the Secretary for such area of nursing;
(B) with respect to a physician assistant, the full
scope of practice for the area of medicine practiced by
the physician assistant as determined by the national
professional association or organization, a successor
association or organization, or any other appropriate
entity as determined by the Secretary for such area of
medicine; and
(C) with respect to any other licensed health care
professional not specified in subparagraph (A) or (B),
the full scope of practice for the area of medicine
practiced by the licensed health care professional as
determined by the national professional association or
organization, a successor association or organization,
or any other appropriate entity as determined by the
Secretary for such area of medicine.
(3) The term ``physician assistant'' has the meaning given
that term in section 1861(aa)(5)(A) of the Social Security Act
(42 U.S.C. 1395x(aa)(5)(A)).
SEC. 4. TRANSFER OF HEALTH CARE PROVIDER CREDENTIALING DATA FROM
SECRETARY OF DEFENSE TO SECRETARY OF VETERANS AFFAIRS.
(a) In General.--In a case in which the Secretary of Veterans
Affairs hires a covered health care provider, the Secretary of Defense
shall, after receiving a request from the Secretary of Veterans Affairs
for the credentialing data of the Secretary of Defense relating to such
health care provider, transfer to the Secretary of Veterans Affairs
such credentialing data.
(b) Covered Health Care Providers.--For purposes of this section, a
covered provider is a health care provider who--
(1) is or was employed by the Secretary of Defense;
(2) provides or provided health care related services as
part of such employment; and
(3) was credentialed by the Secretary of Defense.
(c) Policies and Regulations.--The Secretary of Veterans Affairs
and the Secretary of Defense shall establish such policies and
promulgate such regulations as may be necessary to carry out this
section.
(d) Credentialing Defined.--In this section, the term
``credentialing'' means the systematic process of screening and
evaluating qualifications and other credentials, including licensure,
required education, relevant training and experience, and current
competence and health status.
(e) Effective Date.--This section shall take effect on the date
that is one year after the date of the enactment of this Act. | Improving Veterans Access to Quality Care Act of 2017 This bill directs the Department of Veterans Affairs (VA) to: (1) develop a plan for working with institutions of higher education to develop partnerships for the establishment or expansion of programs of advanced degrees in prosthetics and orthotics in order to improve and enhance the availability of high quality prosthetic and orthotic care for veterans; and (2) provide full practice authority to advanced practice registered nurses, physician assistants, and such other licensed VA health care professionals as is consistent with the education, training, and certification of such professionals without regard to any limitation that would otherwise be imposed on the health care practice of such professionals by a state licensing or credentialing body. The Department of Defense (DOD) must transfer to the VA upon request the credentialing data of a DOD health care provider who is hired by the VA. | Improving Veterans Access to Quality Care Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bullying Redress and Verified
Enforcement Act'' or the ``BRAVE Act''.
SEC. 2. REPORTING REQUIREMENTS.
Title IX of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801 et seq.) is amended by inserting after section 9534 the
following:
``SEC. 9534A. BULLYING.
``(a) Official Reporting Requirements.--
``(1) Report of bullying.--
``(A) In general.--Subject to subparagraph (B), a
local educational agency shall require an employee of
the local educational agency who becomes aware of
bullying to report to the individual designated under
paragraph (2) by not later than 7 business days after
becoming aware of such bullying a description of--
``(i) the acts that constituted bullying;
``(ii) if the bullying included a reference
to or was motivated by an actual or perceived
protected characteristic of the victim, such
protected characteristic; and
``(iii) the response to such bullying by
employees of the local educational agency.
``(B) Exception.--Notwithstanding subparagraph (A),
in the case of an employee of a local educational
agency who is informed of bullying by a student
attending a school served by the local educational
agency, but the student requests that such bullying not
be reported by the employee, the employee shall not be
required to report such bullying under subparagraph
(A).
``(2) Receipt of reports.--A local educational agency shall
designate an individual to receive reports of bullying and
shall inform each employee of the local educational agency of
the contact information of the individual so designated.
``(3) Reporting to the local educational agency.--Not later
than 60 days after the date of the receipt of a report under
paragraph (1), the individual designated under paragraph (2)
shall inform all employees of the local educational agency of
the acts described and the response by employees of the local
educational agency and shall exclude any personally
identifiable information of any student involved.
``(4) Publicly available quarterly reports.--
``(A) In general.--Subject to subparagraph (B), a
local educational agency shall publish and make
available to all students served by the local
educational agency and parents of such students a
report on a quarterly basis that--
``(i) summarizes the bullying reported
since the previous quarterly report;
``(ii) summarizes the responses by
employees of the local educational agency to
such bullying;
``(iii) excludes any personally
identifiable information of any student
involved; and
``(iv) informs the public of the right to
file a complaint under subsection (b)(2).
``(B) Exception.--A local educational agency shall
not publish a report under subparagraph (A) in a case
in which such publication would reveal personally
identifiable information about an individual student.
``(5) Annual policy review.--Each local educational agency
shall review, on an annual basis, the policies on bullying for
schools served by the local educational agency.
``(b) Federal Enforcement.--
``(1) Condition of federal funding.--As a condition of
receiving funds under this Act, a local educational agency
shall--
``(A) annually certify to the Secretary in writing
that such local educational agency has complied with
this section; and
``(B) together with such certification, submit the
4 most recent quarterly reports published preceding
such certification pursuant to subsection (a)(4).
``(2) Federal receipt of complaints.--The Assistant
Secretary who serves as the head of the Office of Civil Rights
for the Department of Education shall--
``(A) establish a procedure for a student of a
local educational agency, a parent of such student, or
another appropriate individual to submit to the
Assistant Secretary a complaint relating to a failure
to comply with this section; and
``(B) publish such procedure on the Internet
website of the Department of Education.
``(3) Federal response to complaints.--After receiving a
complaint pursuant to paragraph (2), the Assistant Secretary
shall--
``(A) investigate such complaint to determine if a
local educational agency failed to comply with this
section; and
``(B) if such local educational agency is
determined under subparagraph (A) to have failed to
comply with this section--
``(i) withhold further payment of funds
under this Act to such local educational
agency;
``(ii) issue a complaint to compel
compliance of such local educational agency
through a cease and desist order; or
``(iii) enter into a compliance agreement
with such local educational agency to bring it
into compliance with this section,
in the same manner as the Secretary is authorized to
take such actions under sections 455, 456, and 457,
respectively, of the General Education Provisions Act.
``(4) Public availability of information about
complaints.--Not later than 60 days after receiving a complaint
pursuant to subsection (b)(2), the Assistant Secretary shall
make available on the Internet website of the Department of
Education information about such complaint, which shall--
``(A) if the bullying included a reference to or
was motivated by an actual or perceived protected
characteristic of the victim, include a description of
such protected characteristic; and
``(B) exclude any personally identifiable
information of any student involved.
``(c) Definitions.--In this section:
``(1) Bullying.--The term `bullying' means any severe,
pervasive, or persistent electronic, written, verbal, or
physical act by one student or a group of students toward
another student during school hours and on school premises, or
at a school-sponsored activity outside of school hours, that
causes--
``(A) harm to or reasonable concern for the person,
property, or mental health of such other student; or
``(B) such other student to withdraw from or avoid
benefitting from the services, activities, or
opportunities offered by the school.
``(2) Protected characteristic.--The term `protected
characteristic' includes race, color, sex, religion, national
origin, disability, gender, gender identity, and sexual
orientation.''. | Bullying Redress and Verified Enforcement Act or the BRAVE Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require the employees of local educational agencies (LEAs) who become aware of bullying to report to an LEA-designated individual, within seven business days: (1) the acts that constituted bullying; (2) the protected characteristic of the victim if the bullying included a reference to or was motivated by such an actual or perceived protected characteristic; and (3) the response of the LEA's employees. Requires the LEA-designated individual, within 60 days after receiving such a report, to inform all the LEA's employees of the acts described and the response of the LEA's employees. Requires each LEA to annually review its policies on bullying. Directs each LEA to publish and make available to all of its students and their parents a quarterly report that: (1) summarizes the bullying reported since the previous quarterly report, (2) summarizes the responses to such bullying by the LEA's employees, (3) excludes any personally identifiable information of any student involved, and (4) informs the public of the right to file a complaint with the Office of Civil Rights for the Department of Education regarding the LEA's failure to comply with this Act's requirements. Directs the Assistant Secretary who heads the Office of Civil Rights to: (1) establish the complaint procedure and publish it on the Department's website; (2) investigate each complaint to determine if the LEA complied with this Act's requirements; (3) withhold ESEA funds from, issue a complaint against, or enter into a compliance agreement with a noncompliant LEA to bring it into compliance; and (4) make information about each complaint available on the Department's website. Conditions each LEA's receipt of ESEA funds on the LEA: (1) annually certifying to the Secretary of Education in writing that it is in compliance with this Act's requirements, and (2) submitting its four most recent quarterly reports on bullying. | BRAVE Act |
SECTION 1. ON-CALL PAY FOR CERTAIN TECHNICAL MEDICAL EMPLOYEES.
Title I of the Indian Health Care Improvement Act (25 U.S.C. 1611
et seq.) is amended by adding at the end the following new section:
``SEC. 125. ON-CALL PAY FOR CERTAIN TECHNICAL MEDICAL EMPLOYEES.
``(a) In General.--The Secretary shall pay a technical medical
employee of the Service for such time as the technical medical employee
is officially scheduled to be on call outside such technical medical
employee's regular hours or on a holiday designated by Federal statute
or Executive order for such time as the technical medical employee may
be called back to work at a rate that is equal to 10 percent of the
amount that is equal to one and \1/2\ times such technical medical
employee's hourly rate of basic pay.
``(b) Technical Medical Employee.--For the purposes of this
section, the term `technical medical employee' includes the following:
``(1) Medical technician.--An employee whose position is in
the GS-0645 occupational series. Such a position may involve
nonprofessional technical work in clinical (medical)
laboratories such as performing tests and examinations in one
or more areas of work (such as chemistry, blood banking,
hematology, or microbiology) where the reports of findings of
tests and examinations may be used by physicians in diagnosis,
care and treatment of patients, or in support of medical
research. The work may require a practical knowledge of the
techniques of medical laboratory practice in one or more areas
of clinical laboratory work (e.g., blood banking, chemistry,
hematology, microbiology, and cytology) and of the chemistry,
biology, and anatomy involved.
``(2) Medical technologist.--An employee whose position is
in the GS-0644 occupational series. Such a position may involve
one or more of the following:
``(A) Technical work subordinate to the work of
pathologists or other physicians (or other professional
employee) who make the final diagnostic examinations of
specimens of human tissues or cell preparations).
``(B) Technician work in histopathology involving
preparation of thin sections of tissue specimens
including fixing, clear, infiltrating, embedding,
sectioning, staining, and mounting.
``(C) Technician work in cytology involving
preparation, staining, and examining microscopically
specimens of body fluids, secretions, and exudiations
from any part of the body to determine whether cellar
structure is normal, atypical, or abnormal.
``(D) Work requiring a practical knowledge of the
techniques of anatomical laboratory practice in one or
both of the areas of laboratory work (i.e.
histopathology and cytology) and of the chemistry,
biology, and anatomy involved.
``(3) Diagnostic radiologic technologist or technician.--An
employee whose position is in the GS-0647 occupational series.
Such a position may involve one or more of the following:
``(A) Performing most routine diagnostic
radiographic procedures under general supervision and
gains experience in the performance of more difficult
techniques and procedures by assisting higher grade
technologists.
``(B) Operating radiographic equipment to produce
x-ray films of chest, joints, feet, hands, long bones
of arms and legs, and other routine views of other
parts of the body.
``(C) Working with outpatients or ambulatory
patients, positions patients, and sets technical
factors in accordance with standardized procedures and
techniques.
``(D) Performing a variety of difficult
radiographic examinations.
``(E) Receiving patients, explaining method of
procedure, positions patient, selecting and setting
technical factors, setting up and adjusting accessory
equipment required, and making exposures necessary for
the requested procedure.
``(c) Modifications.--The Secretary shall carry out the intent of
this section so that it applies to--
``(1) subsequent or additional occupational series
designations or redesignations; and
``(2) modified or additional employee descriptions as such
modifications or additions are necessary to correspond with
technological advancements.
``(d) Exception for Rate of On-Call Pay.--An employee who is
eligible for on-call pay under subsection (a) and who was receiving
standby premium pay pursuant to section 5545 of title 5 on May 20,
1988, shall, as long as such employee is employed in the same position
and work unit and remains eligible for such standby pay, receive pay
for any period of on-call duty at the rate equal to the greater of--
``(1) the rate of pay which such employee would receive if
being paid the rate of standby pay pursuant to such section
that such individual would be entitled to receive if such
individual were not scheduled to be on call instead, or
``(2) the rate of pay which such employee is entitled to
receive including on-call premium pay described in subsection
(a).''. | Amends the Indian Health Care Improvement Act to provide for certain technical medical employees of the Indian Health Service to be paid for such time as they are officially scheduled to be on call outside their regular hours or on a holiday for such time as they may be called back to work. | To amend the Indian Health Care Improvement Act to require that certain technical medical employees of the Indian Health Service be compensated for time during which they are required to be on-call. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Commission to Study the
Culture and Glorification of Violence in America Act''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the Presidential
Commission to Study the Culture and Glorification of Violence in
America (hereinafter the ``Commission'').
SEC. 3. DUTIES OF COMMISSION.
The Commission shall--
(1) examine the glorification of violence in the United
States;
(2) examine the relationship between psychological stress
and increased violence;
(3) examine the role of the media in the violent atmosphere
prevalent today;
(4) examine the correlation, if any, between ease of access
to firearms and increased violence;
(5) examine the role of the school system in identifying
potential perpetrators of violence; and
(6) make findings and conclusions, and recommend potential
solutions (including recommendations for legislation and
administrative action) to alleviate the problems of
glorification of violence in the United States.
SEC. 4. MEMBERSHIP OF COMMISSION.
(a) Number and Appointment.--The Commission shall be composed of 22
members (hereinafter the ``members'') who shall be appointed as
follows:
(1) 10 members appointed by the President.
(2) 3 members appointed by the majority leader of the House
of Representatives.
(3) 3 members appointed by the minority leader of the House
of Representatives.
(4) 3 members appointed by the majority leader of the
Senate.
(5) 3 members appointed by the minority leader of the
Senate.
(b) Qualifications.--
(1) In general.--Members shall have special knowledge of or
experience in the issue of violence in America, and may include
sociologists, psychologists, clergy, school counselors, law
enforcement officials, victims of violence, and representatives
from the media and the entertainment and gun industries.
(2) Political affiliation.--Political affiliation shall not
be a determining factor in the appointment of members.
(c) Deadline for Appointment.--Every original member shall be
appointed to the Commission not later than 90 days after the date of
the enactment of this Act.
(d) Terms and Vacancies.--Each member shall be appointed for the
life of the Commission. A vacancy in the Commission shall be filled in
the manner in which the original appointment was made.
(e) Basic Pay.--Members shall not be paid by reason of their
service as members.
(f) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with section
5703 of title 5, United States Code.
(g) Quorum.--Nine members shall constitute a quorum for conducting
the business of the Commission, but a lesser number may hold hearings.
(h) Chairperson.--The members shall elect one member to act as the
Chairperson of the Commission (hereinafter the ``Chairperson'').
(i) Meetings.--The Commission shall meet at the call of the
Chairperson.
SEC. 5. STAFF OF COMMISSION.
(a) Staff.--The Chairperson may appoint and fix the pay of the
Commission personnel as the Chairperson considers appropriate.
(b) Applicability of Certain Civil Service Laws.--The staff of the
Commission shall be appointed subject to the provisions of title 5,
United States Code, governing appointments in the competitive service,
and shall be paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to classification
and General Schedule pay rates.
(c) Staff of Federal Agencies.--Upon request of the Chairperson,
the head of any Federal department or agency may detail, on a
reimbursable basis, any of the personnel of the department or agency to
assist the Commission in carrying out the duties of the Commission.
SEC. 6. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may hold hearings, sit
and act at times and places, take testimony, and receive evidence as
the Commission considers appropriate to carry out this Act.
(b) Powers of Members and Agents.--The Commission may delegate to a
member or agency any authority of the Commission under subsection (c)
or (e).
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable the Commission to carry out this Act. Upon request
of the Chairperson, the head of the department or agency shall furnish
the information to the Commission.
(d) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its duties.
(e) Contract Authority.--The Commission may contract with and
compensate Government or private agencies or persons for supplies or
services, without regard to section 3709 of the Revised Statutes (41
U.S.C. 5).
SEC. 7. REPORT OF COMMISSION.
The Commission shall transmit a report to the President and the
Congress not later than one year after the date that all original
members have been appointed to the Commission. The report shall contain
a detailed statement of the findings, conclusions, and recommendations
of the Commission.
SEC. 8. TERMINATION OF COMMISSION.
The Commission shall terminate 30 days after submitting the report
required by section 7.
SEC. 9. BUDGET ACT COMPLIANCE.
Any spending authority (as defined in subparagraphs (A) and (C) of
section 401(c)(2) of the Congressional Budget Act of 1974) authorized
by this Act shall be effective only to such extent and in such amounts
as are provided in appropriations Acts. | Presidential Commission to Study the Culture and Glorification of Violence in America Act - Establishes the Presidential Commission to Study the Culture and Glorification of Violence in America. Directs the Commission to: (1) examine the glorification of violence in the United States; (2) examine the relationship between psychological stress and increased violence; (3) examine the media's role in the violent atmosphere prevalent today; (4) examine the correlation, if any, between ease of access to firearms and increased violence; (5) examine the role of the school system in identifying potential perpetrators of violence; and (6) make findings and conclusions and recommend potential solutions to alleviate the problems of glorification of violence in the United States. | Presidential Commission to Study the Culture and Glorification of Violence in America Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Small Business Regulatory
Assistance Act of 2005''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish a 4-year pilot program to--
(1) provide confidential assistance to small business
concerns;
(2) provide small business concerns with the information
necessary to improve their rate of compliance with Federal and
State regulations derived from Federal law;
(3) create a partnership among Federal agencies to increase
outreach efforts to small business concerns with respect to
regulatory compliance;
(4) provide a mechanism for unbiased feedback to Federal
agencies on the regulatory environment for small business
concerns; and
(5) expand the services delivered by the Small Business
Development Centers under section 21(c)(3)(H) of the Small
Business Act to improve access to programs to assist small
business concerns with regulatory compliance.
SEC. 3. SMALL BUSINESS REGULATORY ASSISTANCE PILOT PROGRAM.
(a) Definitions.--In this section, the following definitions shall
apply:
(1) Administration.--The term ``Administration'' means the
Small Business Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration, acting
through the Associate Administrator for Small Business
Development Centers.
(3) Association.--The term ``association'' means the
association established pursuant to section 21(a)(3)(A) of the
Small Business Act (15 U.S.C. 648(a)(3)(A)) representing a
majority of Small Business Development Centers.
(4) Participating small business development center.--The
term ``participating Small Business Development Center'' means
a Small Business Development Center participating in the pilot
program established under this Act.
(5) Regulatory compliance assistance.--The term
``regulatory compliance assistance'' means assistance provided
by a Small Business Development Center to a small business
concern to assist and facilitate the concern in complying with
Federal and State regulatory requirements derived from Federal
law.
(6) Small business development center.--The term ``Small
Business Development Center'' means a Small Business
Development Center described in section 21 of the Small
Business Act (15 U.S.C. 648).
(7) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, American Samoa, and Guam.
(b) Authority.--In accordance with this section, the Administrator
shall establish a pilot program to provide regulatory compliance
assistance to small business concerns through participating Small
Business Development Centers.
(c) Small Business Development Centers.--
(1) In general.--In carrying out the pilot program
established under this section, the Administrator shall enter
into arrangements with participating Small Business Development
Centers under which such Centers shall--
(A) provide access to information and resources,
including current Federal and State nonpunitive
compliance and technical assistance programs similar to
those established under section 507 of the Clean Air
Act Amendments of 1990 (42 U.S.C. 7661f);
(B) conduct training and educational activities;
(C) offer confidential, free-of-charge, one-on-one,
in-depth counseling to the owners and operators of
small business concerns regarding compliance with
Federal and State regulations derived from Federal law,
provided that such counseling is not considered to be
the practice of law in a State in which a Small
Business Development Center is located or in which such
counseling is conducted;
(D) provide technical assistance;
(E) give referrals to experts and other providers
of compliance assistance who meet such standards for
educational, technical, and professional competency as
are established by the Administrator; and
(F) form partnerships with Federal compliance
programs.
(2) Reports.--Each participating Small Business Development
Center shall transmit to the Administrator and the Chief
Counsel for Advocacy of the Small Business Administration, as
the Administrator may direct, a quarterly report that
includes--
(A) a summary of the regulatory compliance
assistance provided by the Center under the pilot
program;
(B) the number of small business concerns assisted
under the pilot program; and
(C) for every fourth report, any regulatory
compliance information based on Federal law that a
Federal or State agency has provided to the Center
during the preceding year and requested that it be
disseminated to small business concerns.
(d) Eligibility.--A Small Business Development Center shall be
eligible to receive assistance under the pilot program established
under this section only if such Center is certified under section
21(k)(2) of the Small Business Act (15 U.S.C. 648(k)(2)).
(e) Selection of Participating State Programs.--
(1) Groupings.--
(A) Consultation.--In consultation with the
association, and giving substantial weight to the
recommendations of the association, the Administrator
shall select the Small Business Development Center
Programs of 2 States from each of the groups of States
described in subparagraphs (B) through (K) to
participate in the pilot program established under this
section.
(B) Group 1.--Group 1 shall consist of Maine,
Massachusetts, New Hampshire, Connecticut, Vermont, and
Rhode Island.
(C) Group 2.--Group 2 shall consist of New York,
New Jersey, Puerto Rico, and the Virgin Islands.
(D) Group 3.--Group 3 shall consist of
Pennsylvania, Maryland, West Virginia, Virginia, the
District of Columbia, and Delaware.
(E) Group 4.--Group 4 shall consist of Georgia,
Alabama, North Carolina, South Carolina, Mississippi,
Florida, Kentucky, and Tennessee.
(F) Group 5.--Group 5 shall consist of Illinois,
Ohio, Michigan, Indiana, Wisconsin, and Minnesota.
(G) Group 6.--Group 6 shall consist of Texas, New
Mexico, Arkansas, Oklahoma, and Louisiana.
(H) Group 7.--Group 7 shall consist of Missouri,
Iowa, Nebraska, and Kansas.
(I) Group 8.--Group 8 shall consist of Colorado,
Wyoming, North Dakota, South Dakota, Montana, and Utah.
(J) Group 9.--Group 9 shall consist of California,
Guam, American Samoa, Hawaii, Nevada, and Arizona.
(K) Group 10.--Group 10 shall consist of
Washington, Alaska, Idaho, and Oregon.
(2) Deadline for selection.--The Administrator shall make
selections under this subsection not later than 60 days after
the date of publication of final regulations under section 4.
(f) Matching Requirement.--Subparagraphs (A) and (B) of section
21(a)(4) of the Small Business Act (15 U.S.C. 648(a)(4)) shall apply to
assistance made available under the pilot program established under
this section.
(g) Grant Amounts.--Each State program selected to receive a grant
under subsection (e) shall be eligible to receive a grant in an amount
equal to--
(1) not less than $150,000 per fiscal year; and
(2) not more than $300,000 per fiscal year.
(h) Evaluation and Report.--The Comptroller General of the United
States shall--
(1) not later than 30 months after the date of disbursement
of the first grant under the pilot program established under
this section, initiate an evaluation of the pilot program; and
(2) not later than 6 months after the date of the
initiation of the evaluation under paragraph (1), transmit to
the Administrator, the Committee on Small Business and
Entrepreneurship of the Senate, and the Committee on Small
Business of the House of Representatives, a report containing--
(A) the results of the evaluation; and
(B) any recommendations as to whether the pilot
program, with or without modification, should be
extended to include the participation of all Small
Business Development Centers.
(i) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section--
(A) $5,000,000 for the first fiscal year beginning
after the date of enactment of this Act; and
(B) $5,000,000 for each of the 3 fiscal years
following the fiscal year described in subparagraph
(A).
(2) Limitation on use of other funds.--The Administrator
may carry out the pilot program established under this section
only with amounts appropriated in advance specifically to carry
out this section.
(j) Termination.--The Small Business Regulatory Assistance Pilot
Program established under this section shall terminate 4 years after
the date of disbursement of the first grant under the pilot program.
SEC. 4. RULEMAKING.
After providing notice and an opportunity for comment, and after
consulting with the association (but not later than 180 days after the
date of enactment of this Act), the Administrator shall promulgate
final regulations to carry out this Act, including regulations that
establish--
(1) priorities for the types of assistance to be provided
under the pilot program established under this Act;
(2) standards relating to educational, technical, and
support services to be provided by participating Small Business
Development Centers;
(3) standards relating to any national service delivery and
support function to be provided by the association under the
pilot program;
(4) standards relating to any work plan that the
Administrator may require a participating Small Business
Development Center to develop; and
(5) standards relating to the educational, technical, and
professional competency of any expert or other assistance
provider to whom a small business concern may be referred for
compliance assistance under the pilot program. | National Small Business Regulatory Assistance Act of 2005 - Directs the Administrator of the Small Business Administration (SBA) to establish a pilot program to provide regulatory compliance assistance to small businesses through participating Small Business Development Centers (Centers). Requires the Administrator to enter into arrangements with participating Centers to provide: (1) access to regulatory information and resources; (2) training and education activities; (3) confidential counseling to owners and operators of small businesses regarding compliance with Federal regulations; (4) technical assistance; and (5) partnerships with Federal compliance programs. Requires the Administrator, giving substantial weight to the recommendations of the majority of the Centers, to select the Center programs of two States from each of ten groups of States for participation in the pilot program. Provides grant limits. Terminates the pilot program four years after disbursement of the first grant. | A bill to direct the Administrator of the Small Business Administration to establish a pilot program to provide regulatory compliance assistance to small business concerns, and for other purposes |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Deposit Insurance
Corporation Regulatory Flexibility Act of 1995''.
SEC. 2. ADMINISTRATION OF FICO ASSESSMENTS BY FDIC.
Section 21(f)(2) of the Federal Home Loan Bank Act (12 U.S.C.
1441(f)(2)) is amended by striking ``the Financing Corporation, with
the approval of the Board of Directors of the Federal Deposit Insurance
Corporation'' and inserting ``the Board of Directors of the Federal
Deposit Insurance Corporation, after consultation with the Financing
Corporation,''.
SEC. 3. AVAILABILITY OF RTC FUNDS FOR DEPOSIT INSURANCE PURPOSES.
Section 11(a) of the Federal Deposit Insurance Act (12 U.S.C.
1821(a)) is amended--
(1) by adding at the end the following new paragraph:
``(9) Availability of rtc funding.--
``(A) In general.--The Secretary of the Treasury
shall provide, out of funds appropriated to the
Resolution Trust Corporation under section 21A(i)(3) of
the Federal Home Loan Bank Act and not needed by the
Resolution Trust Corporation, to the Corporation, at
the request of the Board of Directors, such amounts as
the Board of Directors requests for any of the
following purposes:
``(i) To cover the interest payments,
issuance costs, and custodial fees on
obligations issued by the Financing
Corporation.
``(ii) To make deposits in the Savings
Association Insurance Fund of such amounts as
may be needed to carry out the purposes of this
Act.
``(iii) To satisfy claims against the
Federal Government arising from changes in the
statutory treatment of supervisory goodwill (on
the books of the Corporation as of the date of
the enactment of Financial Institutions Reform,
Recovery, and Enforcement Act of 1989) pursuant
to section 5(t) of the Home Owners' Loan Act.
``(B) Return to treasury.--If the aggregate amount
of funds transferred to the Corporation under
subparagraph (A) exceeds the amount necessary to carry
out the purposes of such subparagraph, such excess
amounts shall be deposited in the general fund of the
Treasury.''.
SEC. 4. LIMITED FDIC AUTHORITY TO TEMPORARILY TRANSFER FUNDS BETWEEN
THE BIF AND SAIF.
Section 11(a)(4) of the Federal Deposit Insurance Act (12 U.S.C.
1821(a)) is amended by adding at the end the following new
subparagraph:
``(C) Transfer of funds.--Notwithstanding
subparagraph (A), the Corporation may transfer, for
such period of time and under such conditions as the
Corporation determines to be appropriate, an amount not
to exceed the amount equal to .03 percent of the
assessment base of any deposit insurance fund from such
fund to another deposit insurance fund to the extent
necessary to achieve or maintain the designated reserve
ratio of the fund to which such assets are
transferred.''.
SEC. 5. 1-TIME SPECIAL SAIF CAPITALIZATION ASSESSMENT.
Section 7(b) of the Federal Deposit Insurance Act (12 U.S.C.
1817(b)) is amended by adding at the end the following new paragraph:
``(8) Special 1-time assessment to recapitalize saif.--
``(A) In general.--The Corporation may, in the
discretion of the Board of Directors, impose a special
assessment on each Savings Association Insurance Fund
member in an amount not greater than 0.40 percent of
the assessment base, as of January 1, 1995, on which
assessments are imposed under the risk-based assessment
system established pursuant to paragraph (1).
``(B) Deposit of assessment in saif.--The proceeds
of any assessment imposed under subparagraph (A) shall
be deposited in the Savings Association Insurance Fund.
``(C) Imposition over period of years.--The
assessment authorized under subparagraph (A) may be
imposed incrementally over such period of years as the
Board of Directors may determine to be appropriate,
except the larger percentage of any such incremental
assessment shall be allocated to the first year of the
effective period for such assessment.
``(D) Abatement for troubled institutions.--The
Board of Directors may abate any portion of any
assessment under this paragraph in the case of any
undercapitalized institution or any institution which
would become undercapitalized as a result of the
imposition of such assessment.''.
SEC. 6. ESTABLISHMENT OF DESIGNATED RESERVE RATIO AS A FLOOR RATHER
THAN A TARGET.
(a) Section 7(b)(2)(A)(iv) of the Federal Deposit Insurance Act (12
U.S.C. 1817(b)(2)(A)(iv)) is amended to read as follows:
``(iv) Establishment of designated reserve
ratio.--The Board of Directors shall establish
the designated reserve ratio for each insurance
fund in accordance with the following:
``(I) The designated reserve ratio
of any insurance fund shall be not less
than 1.25 percent of the estimated
insured deposits of members of such
fund.
``(II) The ratio of any insurance
fund shall be established at an amount
which the Board of Directors determines
will provide for an appropriate amount
of reserves against losses which may
reasonably be expected to be incurred
by the fund without resulting in an
excessive buildup in the fund.''.
(b) Reduction in Assessment Rate if Designated Reserve Ratio Is
Met.--Section 7(b)(2)(A) of the Federal Deposit Insurance Act (12
U.S.C. 1817(b)(2)(A)) is amended by adding at the end the following new
clause:
``(v) Clarification of authority to reduce
assessments amounts.--The authority of the
Board of Directors to set semiannual
assessments to maintain the reserve ratio of
any insurance fund at the designated reserve
ratio includes the authority to reduce such
assessments by any appropriate amount if the
reserve ratio of such fund is equal to or
greater than the minimum designated reserve
ratio of such fund.''.
SEC. 7. CLARIFICATION ON USE OF INSURANCE FUND ASSESSMENTS.
Section 7(b) of the Federal Deposit Insurance Act (12 U.S.C.
1817(b)) is amended by adding at the end the following new paragraph:
``(8) Use of insurance assessments.--Amounts received by
the Corporation pursuant to assessments on insured depository
institution under this subsection shall be used primarily for
insurance fund purposes and shall not be unduly diverted to
other uses.''.
SEC. 8. CLARIFICATION THAT CERTAIN INSTITUTIONS INSURED BY THE SAIF ARE
SUBJECT TO FICO ASSESSMENTS.
Section 21(f)(2) of the Federal Home Loan Bank Act (12 U.S.C.
1441(f)(2)) is amended by inserting after ``Savings Association
Insurance Fund member'' the following: ``, including any Savings
Association Insurance Fund member referred to in section 5(d)(2)(G) of
the Federal Deposit Insurance Act and, in the case of any Bank
Insurance Fund member which has deposits which are treated (under
section 5(d)(3) of such Act) as deposits which are insured by the
Savings Association Insurance Fund, the adjusted attributable deposit
amount with respect to such member as determined under subparagraph (C)
of section 5(e)(3) of such Act for purposes of subparagraph (B)(i) of
such section,''.
SEC. 9. REPEAL OF MINIMUM SAIF ASSESSMENT RULE.
Section 7(b)(2) of the Federal Deposit Insurance Act (12 U.S.C.
1817(b)(2)) is amended by striking subparagraph (E). | Federal Deposit Insurance Corporation Regulatory Flexibility Act of 1995 - Amends the Federal Home Loan Bank Act (FHLBA) to require the Board of Directors of the Federal Deposit Insurance Corporation (FDIC), after consultation with the Financing Corporation (FICO), (currently, FICO, with FDIC Board approval) to place a prescribed assessment against each Savings Association Insurance Fund (SAIF) member in order to cover interest payments, issuance costs, and custodial fees of certain FICO obligations.
Amends the Federal Deposit Insurance Act (FDIA) to direct the Secretary of the Treasury to provide to the FDIC, upon its request, certain funds not needed by the Resolution Trust Corporation (RTC), in order to cover the same FICO costs.
Authorizes the FDIC to transfer, for an appropriate period of time, up to a certain percentage of a fund's assessment base between the Bank Insurance Fund (BIF) and the SAIF as necessary to achieve or maintain the designated reserve ratio of the transferee fund.
Amends the FDIA to authorize the FDIC to impose a one-time special SAIF capitalization assessment.
Reformulates the designated reserve ratio for each deposit insurance fund to establish a minimum instead of a target amount. Empowers the FDIC Board of Directors to reduce semiannual assessments if an insurance fund's reserve ratio is equal to or greater than its minimum designated reserve ratio.
Mandates that insurance assessments be used primarily for insurance fund purposes and not be unduly diverted to other uses.
Amends the FHLBA to include within FICO assessment authority specified SAIF members as well as BIF members whose deposits are treated as insured by the SAIF.
Amends the FDIA to repeal the minimum assessment requirements for any insured deposit insurance fund (including the SAIF). | Federal Deposit Insurance Corporation Regulatory Flexibility Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal Resources Enhancement and
Restoration Act of 2000''.
SEC. 2. NATIONAL SCIENCE FOUNDATION RESEARCH GRANTS FOR COASTAL
ENGINEERING AND SHORELINE PROTECTION.
Section 3 of the National Science Foundation Act of 1950 (42 U.S.C.
1862) is amended by adding at the end the following:
``(h) Beginning in fiscal year 2001, not less than 10 percent of
the amounts appropriated for a fiscal year for making grants for
engineering research under subsection (a)(1) shall be used by the
Foundation for making grants for coastal engineering and coastline
protection research.''.
SEC. 3. SUPPLEMENTAL ENVIRONMENTAL PROGRAMS IN COASTAL AREAS.
Section 313 of the Federal Water Pollution Control Act (33 U.S.C.
1323) is amended by adding at the end the following:
``(c) Artificial Reefs and Aquatic Habitat Restoration Projects.--A
department, agency, or instrumentality of the Federal Government that
is found to have violated this Act in connection with the discharge or
runoff of pollutants into coastal waters of the United States and that,
as a result of the violation, is ordered to undertake a supplemental
environmental program in lieu of paying fines shall be given the option
of constructing artificial reefs and undertaking aquatic habitat
restoration projects.''.
SEC. 4. ACCESS TO PUBLICLY OWNED SHORES.
(a) Eligibility of Shoreline Protection Projects.--Subsection (d)
of the first section of the Act entitled ``An Act authorizing Federal
participation in the cost of protecting the shores of publicly owned
property'', approved August 13, 1946 (33 U.S.C. 426d), is amended by
adding at the end the following: ``In making determinations under this
subsection, the Secretary shall consider a publicly owned shore with
insufficient public access (as determined in accordance with rules
issued by the Secretary) to be a privately owned shore.''.
(b) Cost Sharing.--Section 103(d) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(d)) is amended by adding at the
end the following:
``(3) Privately owned shores defined.--In this subsection,
the term `privately owned shores' includes a publicly owned
shore with insufficient public access, as determined in
accordance with rules issued by the Secretary.''.
(c) Rules.--The Secretary of the Army shall issue rules to carry
out the amendments made by this subsection. In issuing such rules, the
Secretary shall seek to ensure public access to every one-half mile of
publicly owned shore for which assistance is provided by the Secretary.
The Secretary may allow for exceptions to such access requirements in
cases of shores located in areas of extreme environmental sensitivity.
SEC. 5. BEACH NOURISHMENT ACCOUNT.
(a) Establishment.--There is established in the Treasury a separate
account to be known as the Beach Nourishment Account (in this section
referred to as the ``account''), which shall consist of such funds as
may be deposited or credited to the account under this section.
(b) Source of Funds for Account.--For fiscal year 2001 and each
fiscal year thereafter, the Secretary of the Treasury shall
periodically transfer to the account amounts equivalent to 2 percent of
the funds deposited in the general fund of the Treasury under section 9
of the Outer Continental Shelf Lands Act (43 U.S.C. 1338).
(c) Use of Account.--Funds in the account shall be available
without further appropriation--
(1) in the amounts specified in section 6, to the Secretary
of Commerce and the Administrator of the National Aeronautics
and Space Administration to carry out the pilot program
authorized by section 6; and
(2) in the amounts remaining after funds are made available
under paragraph (1), to the Secretary of the Army to carry out
projects for beach nourishment, shore protection, and beach
erosion control;
Funds in the account shall remain available until expended.
(d) Applicability of Requirements.--The Secretary of the Army shall
carry out beach nourishment, shore protection, and beach erosion
control projects using amounts in the account in accordance with the
cost-sharing requirements under section 103 of the Water Resources
Development Act of 1986 (33 U.S.C. 2213) and other requirements
applicable to such projects.
(e) Reporting of Transactions.--Receipts, obligations, and
expenditures of funds in the account shall be reported in annual
estimates submitted to Congress by the Secretary of the Army.
(f) Investment.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the account established by subsection (a) as is
not, in the judgment of the Secretary, required to meet current
withdrawals. Such investments may be made only in interest-
bearing obligations of the United States. For such purpose,
such obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the
market price.
(2) Sale of obligations.--Any obligation acquired by the
account may be sold at the market price.
(3) Interest on certain proceeds.--The interest on, and the
proceeds from the sale or redemption of, any obligations held
in the account shall be credited to and form part of the
account.
SEC. 6. COMPREHENSIVE OCEAN OBSERVING SYSTEM PILOT PROGRAM.
(a) In General.--The Secretary of Commerce (acting through the
Under Secretary for Oceans and Atmosphere) and the Administrator of the
National Aeronautics and Space Administration shall jointly carry out a
pilot program to institute the mission of the Global Ocean Observing
System in the United States by establishing a comprehensive monitoring
network of ocean conditions.
(b) Partnerships.--In carrying out the pilot program, the Secretary
and the Administrator shall enter into partnerships with local and
regional interests to monitor and collect the widest range of data
possible about the coastal oceans and inland waterways in order to make
such information available to interested persons in real time or near
real time.
(c) Information To Be Collected.--Information collected under the
pilot program shall include the following:
(1) Wave heights, periods, swell direction and water
temperature.
(2) Coastal currents and their directions.
(3) Large mammal movement via implanted sensors.
(4) Sewage outfall movement.
(5) Water quality, such as bacteria counts, sediment
movement, and red tides.
(6) Beaconed fishing boat tracking (for tracking illegal
foreign whalers).
(7) Oil spill tracking.
(8) Beach erosion data.
(9) Weather.
(10) River mouth outflow sediment observation.
(11) Global Information System coastal mapping.
(d) Federal Cooperation.--The Secretary and the Administrator shall
carry out the pilot project in cooperation with the Geological Survey,
the Navy, and the Environmental Protection Agency.
(e) Regional Test Projects.--In carrying out the pilot program, the
Secretary and the Administrator shall establish 2 regional test
projects. One of the test projects shall be located at the Southern
California Bight from Encinitas, Mexico, to Point Dume, California,
with Orange County, California, serving as the focal point. The second
test project shall be carried out at a location to be determined by the
Secretary and the Administrator.
(f) Coordination of Existing Efforts.--In carrying out the pilot
program, the Secretary and the Administrator shall not replace or
duplicate existing efforts of Federal, State, and local entities in
monitoring ocean conditions, but shall seek to coordinate such efforts
and to obtain information that is not currently collected.
(g) Authorization of Appropriations.--
(1) In general.--There shall be available from the Beach
Nourishment Account established by section 5 $4,000,000 for
each of fiscal years 2001 through 2006 to carry out this
section.
(2) Allocation.--Of the amounts made available under
paragraph (1), $2,000,000 per fiscal year shall be available
for carrying out each of the 2 regional test projects referred
to in subsection (e). | Amends the Federal Water Pollution Control Act to direct a Federal agency found to have violated the Act in connection with the discharge or runoff of pollutants into U.S. coastal waters and ordered to undertake a supplemental environmental program in lieu of paying fines to be given the option of constructing artificial reefs and undertaking aquatic habitat restoration projects.
Requires the Secretary of the Army, in determining which shores other than public will be eligible for Federal assistance for shore protection, to consider a publicly owned shore with insufficient public access to be a privately owned shore.
Amends the Water Resources Development Act of 1986 to allow a publicly owned shore with insufficient public access to be considered a privately owned shore for purposes of costs of constructing projects or measures for beach erosion control and water quality enhancement assigned to projects for flood control and other water resources purposes.
Directs the Secretary of Commerce and the Administrator of the National Aeronautics and Space Administration to carry out a comprehensive ocean observing system pilot program. Requires the establishment of two regional test projects, one of which shall be located at the Southern California Bight from Encinitas, Mexico, to Point Dume, California, with Orange County, California, serving as the focal point.
Establishes a beach nourishment account in the Treasury to carry out: (1) such pilot program; and (2) projects for beach nourishment, shore protection, and beach erosion control. | Coastal Resources Enhancement and Restoration Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration Courts Bail Reform
Act''.
SEC. 2. CONDITIONS ON DETENTION OF ALIENS.
Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226)
is amended--
(1) in subsection (a)(2), by amending subparagraph (A) to
read as follows:
``(A) bond containing conditions prescribed by the
Secretary of Homeland Security; or'';
(2) in subsection (c), by adding at the end the following:
``(3) Review of Initial Custody Determination.--An immigration
judge may review the initial custody determination under this
subsection to the extent permitted under subsection (f).''; and
(3) by adding at the end the following:
``(f) Procedures for Custody Hearings.--For any alien taken into
custody under any provision of this Act, with the exception of children
being transferred to, or in, the custody of the Office of Refugee
Resettlement of the Department of Health and Human Services, the
following rules shall apply:
``(1) The Secretary of Homeland Security shall, without
unnecessary delay and not later than 72 hours after the alien
is taken into custody, file the Notice to Appear or other
relevant charging document with the immigration court having
jurisdiction over the location where the alien was apprehended,
and serve such notice on the alien.
``(2) The Secretary shall immediately determine whether the
alien shall remain in custody or be released and, without
unnecessary delay and not later than 72 hours after the alien
was taken into custody, serve upon the alien the custody
decision specifying the reasons for continued custody and the
amount of bond, if any. Except for aliens who the Secretary has
determined are subject to subsection (c) or certified under
section 236A, the Secretary may continue to detain the alien
only if the Secretary determines by clear and convincing
evidence that no conditions reasonably will assure the
appearance of the alien as required and the safety of any other
person and the community.
``(3) The Attorney General shall ensure the alien has the
opportunity to appear before an immigration judge for a custody
redetermination hearing promptly after personal service of the
Secretary's custody decision. The immigration judge may, on the
Secretary's motion and upon a showing of good cause, postpone a
custody redetermination hearing for not more than 72 hours
after personal service of the custody decision, except that in
no case shall the hearing occur more than 6 days (including
weekends and holidays) after the alien was taken into custody.
``(4) The immigration judge shall advise the alien of the
right to postpone the custody redetermination hearing and
shall, on the oral or written request of the individual,
postpone the custody determination hearing for a period of not
more than 14 days.
``(5) Except for aliens who the immigration judge has
determined are subject to subsection (c) or certified under
section 236A, the immigration judge shall review the custody
determination de novo and may continue to detain the alien only
if the Secretary demonstrates by clear and convincing evidence
that no conditions reasonably will assure the appearance of the
alien as required and the safety of any other person and the
community.
``(6)(A) In making a custody determination, both the
Secretary and the immigration judge shall order the release of
the alien on personal recognizance, or upon execution of an
unsecured appearance bond in an amount specified by the court,
unless the Secretary or the immigration judge determines that
such release will not reasonably assure the appearance of the
alien as required or will endanger the safety of any other
person or the community.
``(B) If the Secretary or immigration judge determines that
release under subparagraph (A) will not reasonably assure the
appearance of the alien as required or will endanger the safety
of any other person or the community, the Secretary or the
immigration judge shall order the release of the alien subject
to the least restrictive further condition, or combination of
conditions, that the Secretary or immigration judge determines
will reasonably assure the appearance of the alien as required
and the safety of any other person and the community. Such
conditions may include those specified under section
3142(c)(1)(B) of title 18, United States Code.
``(C) In determining whether to impose a bond as a
condition of release, the Secretary or immigration judge shall
consider the alien's financial ability to pay a bond and
whether alternative conditions of supervision, alone or in
combination with a lower bond amount, deposit bond, or property
bond, will reasonably assure the appearance of the alien as
required and the safety of any other person and the community.
The Secretary or immigration judge may not impose a financial
condition that results in the detention of the alien.
``(D) For aliens who the immigration judge has determined
are subject to subsection (c), the immigration judge may review
the custody determination, and consider alternatives to
detention which maintain custody over the alien, if the
immigration judge agrees the alien is not a danger to the
community.
``(7) In the case of any alien remaining in custody after a
custody determination, the Attorney General shall provide de
novo custody redetermination hearings pursuant to paragraph (6)
before an immigration judge every 90 days as long as the alien
remains in custody. An alien may also obtain a de novo custody
redetermination hearing at any time upon a showing of good
cause. Good cause includes a showing that the alien has been
unable to post the bond amount after having made good faith
efforts to do so.
``(8) The Secretary shall inform the alien of his or her
rights under this paragraph at the time the alien is first
taken into custody.''. | Immigration Courts Bail Reform Act This bill amends the Immigration and Nationality Act to eliminate the minimum bond amount needed to release a detained alien. An immigration judge may review an initial custody determination for an adult alien, subject to specified rules, which include the following: the Department of Homeland Security (DHS) shall, within 72 hours, file the notice to appear or charging document with the appropriate immigration court and serve such notice on the detained alien; except for criminals or suspected terrorists, DHS may continue to detain an alien only if no conditions will reasonably assure the alien's appearance and the safety of any other person and the community; the Department of Justice shall ensure that an alien has the opportunity to promptly appear before an immigration judge for a custody redetermination hearing; except for criminals or suspected terrorists, an immigration judge shall review the custody determination de novo and may continue to detain the alien only if DHS demonstrates that no conditions will reasonably assure the alien's appearance and the community's safety; DHS and an immigration judge shall order an alien's release on personal recognizance or upon an unsecured appearance bond unless such release will not reasonably assure the alien's appearance or the community's safety; if DHS or an immigration judge determines that such release will not reasonably assure the alien's appearance or such safety, DHS or the immigration judge shall order the alien's release under the least restrictive conditions that will assure the alien's appearance and the community's safety; DHS or an immigration judge shall consider the alien's financial ability in determining whether to impose a bond as a condition of release; and DHS or an immigration judge may not impose a financial condition that results in an alien's detention. | Immigration Courts Bail Reform Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Cyber Security Leadership
Act of 2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Federal agencies rely on networked computer systems to
deliver critical services and information to the American
people, including operations related to national defense,
emergency services, tax collection, and the payment of
benefits.
(2) There has been an astonishing increase in cyber threats
to government and industry in recent years. The number of cyber
attacks on Federal Government systems in 2001 was 71 percent
greater than the number of such attacks on such systems in
2000.
(3) Cyber attacks can cause irreparable harm in network
systems, including the loss or dissemination of sensitive and
important data. Cyber attacks can also reduce the confidence of
the American people in the integrity and security of the
Internet.
(4) There is mounting evidence to suggest that terrorists
view the Internet as a tool to achieve their goals. Government
investigators found that al Qaeda operatives browsed Internet
sites that offered software describing the digital switches
that control power, water, transport, and communications grids.
(5) The Bush Administration has recognized in its draft
National Strategy to Secure Cyberspace ``the pressing need to
make federal cyberspace security a model for the nation''.
(6) All but a few Federal agencies continue to receive
failing grades for their cyber security programs.
(7) Federal agencies must take significant steps to better
protect themselves against cyber attacks, including--
(A) identifying significant vulnerabilities in
their computer networks and the tools needed to detect
such vulnerabilities;
(B) monitoring for new vulnerabilities in their
computer networks, and assessing risks of cyber
attacks;
(C) testing computers against identified
vulnerabilities; and
(D) ensuring that computers and networks are
adequately protected against such vulnerabilities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Chief information officer.--The term ``Chief
Information Officer'', with respect to an agency, means the
official designated as the Chief Information Officer of the
agency pursuant to section 3506(a)(2) of title 44, United
States Code.
(2) Vulnerability.--The term ``vulnerability'', in the case
of information technology, means an error or defect in coding,
configuration, or installation of such information technology
that increases its susceptibility to a cyber threat.
(3) Other definitions.--Except as otherwise provided in
this section, any term used in this Act which is defined in
section 3502 of title 44, United States Code, shall have the
meaning given that term in such section 3502.
SEC. 4. ELIMINATION OF SIGNIFICANT VULNERABILITIES OF FEDERAL
GOVERNMENT INFORMATION TECHNOLOGY.
(a) In General.--The Chief Information Officer of each agency
shall--
(1) identify the significant vulnerabilities of the
information technology of such agency, including--
(A) vulnerabilities of such classes of information
technology of such agency as the Chief Information
Officer shall designate for purposes of this section;
and
(B) vulnerabilities of the information technology
of such agency as a whole;
(2) establish performance goals for eliminating the
significant vulnerabilities of the information technology of
such agency identified under paragraph (1), with such
performance goals--
(A) to be established utilizing the current state
of the information technology of such agency as a
baseline;
(B) to be stated both for particular classes of
information technology of such agency (as determined
under paragraph (1)(A)) and for the information
technology of such agency as a whole; and
(C) to be expressed as target ratios of
vulnerabilities per information technology;
(3) procure or develop tools to identify and eliminate the
vulnerabilities identified under paragraph (1) in order to
achieve the performance goals established under paragraph (2);
(4) train personnel of such agency in the utilization of
tools procured or developed under paragraph (3);
(5) not less often than once each quarter, test the
information technology of such agency to determine the extent
of the compliance of the information technology with the
performance goals established under paragraph (3); and
(6) to the extent that the information technology of such
agency does not comply with the performance goals established
under paragraph (3), promptly develop and implement a plan to
eliminate significant vulnerabilities in the information
technology in order to achieve compliance with such performance
goals.
(b) Annual Report on Activities.--
(1) Requirement.--The Chief Information Officer of each
agency shall include information on its activities under
subsection (a) in each annual report submitted to the Director
of the Office of Management and Budget under section 3545(e) of
title 44, United States Code (as amended by section 301(b) of
the Federal Information Security Management Act of 2002 (title
III of Public Law 107-347)).
(2) Form.--The form of information submitted under
paragraph (1) shall be specified by the Director of the Office
of Management and Budget.
(c) Governmentwide Standards.--
(1) Review by nist.--The Director of the Office of
Management and Budget shall ensure the review by the Director
of the National Institute of Standards and Technology of the
annual reports submitted under subsection (b) in the first year
after the date of the enactment of this Act.
(2) Guidelines.--Not later than 180 days after receiving
annual reports for review under paragraph (1), the Director of
the National Institute of Standards and Technology shall
develop and make available to the Chief Information Officers of
the agencies governmentwide guidelines for use in complying
with subsection (a). The guidelines shall--
(A) identify vulnerabilities of information
technology common to the agencies; and
(B) describe means of eliminating such
vulnerabilities, including the use of checklists
pursuant to section 8(c) of the Cyber Security Research
and Development Act (Public Law 107-305).
(3) Mandatory use.--
(A) Designation of vulnerabilities.--The Director
of the National Institute of Standards and Technology
shall designate as a result of the review under
paragraph (1) any significant vulnerabilities of
information technology of such broad applicability and
severity so as to warrant the mandatory use of the
guidelines developed under paragraph (2) with respect
to such vulnerabilities.
(B) Mandatory use.--The Secretary of Commerce
shall, using the authority available to the Secretary
under section 11331(b) of title 40, United States Code,
mandate the use by the agencies of guidelines developed
under paragraph (2) with respect to vulnerabilities
designated under subparagraph (A).
(C) Use and exception.--Each agency shall use a
standard mandated under subparagraph (B) unless the
Chief Information Officer of such agency determines,
with the concurrence of the Director of the National
Institute of Standards and Technology, that the use of
such guideline by such agency would not increase the
security of the information technology covered by such
standard.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the provisions of this Act amounts as
follows:
(1) For the Department of Commerce for the National
Institute of Standards and Technology, $1,000,000 for fiscal
year 2004 to develop the guidelines required by section 4(c).
(2) For each agency, such sums as may be necessary for such
agency for fiscal years 2004 through 2008 to carry out the
provisions of this Act.
(b) Availability.--The amount authorized to be appropriated by
subsection (a)(1) shall remain available until expended.
SEC. 6. EFFECTIVE DATE.
This Act shall take effect 180 days after the date of the enactment
of this Act. | National Cyber Security Leadership Act of 2003 - Requires the Chief Information Officer of each Federal agency to: (1) identify the significant vulnerabilities of the information technology (IT) of such agency; (2) establish performance goals for eliminating such vulnerabilities; (3) procure or develop tools to identify and eliminate those vulnerabilities in order to achieve such performance goals; (4) train personnel in the utilization of those tools; (5) test the agency's IT to determine the extent of its compliance with the performance goals; and (6) develop and implement a plan to eliminate significant vulnerabilities in order to achieve compliance.Requires: (1) each Officer to include information on the agency's activities under this Act in annual reports on the agency's information security program and practices submitted to the Director of the Office of Management and Budget (OMB); and (2) the OMB Director to ensure the review of such reports by the Director of the National Institute of Standards and Technology (NIST); (3) the NIST Director to designate, as the result of such review, any significant IT vulnerabilities of such broad applicability and severity so as to warrant the use of government-wide guidelines the Director shall develop and make available to such Officers for complying with this Act; and (4) the Secretary of Commerce to mandate agency use of such guidelines. | A bill to provide for the elimination of significant vulnerabilities in the information technology of the Federal Government, and for other purposes. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Right Prescription
for Seniors Act of 2004''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Establishment of medicare operated plan option.
Sec. 3. Negotiating fair prices for medicare prescription drugs.
Sec. 4. Importation of prescription drugs.
Sec. 5. Limitation on prescription drug benefits of Members of
Congress.
SEC. 2. ESTABLISHMENT OF MEDICARE OPERATED PLAN OPTION.
(a) In General.--Section 1860D-11(g) of the Social Security Act, as
added by section 101(a) of the Medicare Prescription Drug, Improvement,
and Modernization Act of 2003 (Public Law 108-173), is amended to read
as follows:
``(g) Medicare Operated Plan Option.--
``(1) In general.--Separate from the bidding process under
subsection (b), the Secretary shall provide for the offering in
each PDP region of a medicare operated plan option (as defined
in paragraph (4)) and shall enter into negotiations with
pharmaceutical manufacturers to reduce the purchase cost of
covered part D drugs for eligible part D individuals in
accordance with paragraph (2).
``(2) Negotiations.--The Secretary shall negotiate with
pharmaceutical manufacturers with respect to the purchase price
of covered part D drugs and shall encourage the use of more
affordable therapeutic equivalents to the extent such practices
do not override medical necessity as determined by the
prescribing physician. To the extent practicable and consistent
with the previous sentence, the Secretary shall implement
strategies similar to those used by other Federal purchasers of
prescription drugs, and other strategies, to reduce the
purchase cost of covered part D drugs.
``(3) Medicare operated plan option.--For purposes of this
part, the term `medicare operated plan option' means a
prescription drug plan that offers coverage similar to the
standard prescription drug coverage and access to negotiated
prices described in section 1860D-2(a)(1)(A) and does not
include any supplemental prescription drug coverage, except
that such plan shall provide continuous coverage and shall not
have a coverage gap.
``(4) Monthly beneficiary premium.--
``(A) In general.--Except as provided in section
1860D-13(b) (relating to late enrollment penalty) and
subject to section 1860D-14 (relating to low-income
assistance), the monthly beneficiary premium to be
charged under the medicare operated plan option shall
be--
``(i) for months in 2006, $35; and
``(ii) for months in a subsequent year, the
lesser of--
``(I) the amount determined under
this paragraph for months in the
previous year, increased by the annual
percentage increase described in
subparagraph (B) for the year involved;
or
``(II) in the case of months in
years prior to 2014, the specified
amount (as defined in subparagraph
(C)).
``(B) Annual percentage increase.--The annual
percentage increase specified in this paragraph for a
year is equal to the annual percentage increase in
average per capita aggregate expenditures for covered
drugs in the United States for beneficiaries under this
title, as determined by the Administrator for the 12-
month period ending in July of the previous year.
``(C) Specified amount.--For purposes of the
paragraph, the term `specified amount' means--
``(i) for months in 2007, $37;
``(ii) for months in 2008, $40;
``(iii) for months in 2009, $43;
``(iv) for months in 2010, $46;
``(v) for months in 2011, $51;
``(vi) for months in 2012, $54; and
``(vii) for months in 2013, $59.
``(5) No affect on access requirements.--The medicare
operated plan option shall be in addition to the plans required
under subsection (d)(1)''.
(b) Conforming Amendments.--
(1) Section 1860D-3 of the Social Security Act, as added by
section 101(a) of the Medicare Prescription Drug, Improvement,
and Modernization Act of 2003 (Public Law 108-173), is
repealed.
(2) Section 1860D-11(f) of the Social Security Act, as
added by section 101(a) of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (Public Law 108-
173), is amended--
(A) by striking paragraph (1) and inserting the
following:
``(1) Conditions for approval of limited risk plans.--
``(A) In general.--The Secretary may only approve a
limited risk plan (as defined in paragraph (4)(A)) for
a PDP region if the access requirements under
subparagraph (B) would not be met for the region but
for the approval of such a plan.
``(B) Ensuring access to a choice of coverage.--
``(i) Choice of at least two plans in each
area.--The Secretary shall ensure that each
part D eligible individual has available,
consistent with clause (ii), a choice of
enrollment in at least 2 qualifying plans (as
defined in clause (iii)) in the area in which
the individual resides, at least one of which
is a prescription drug plan.
``(ii) Requirement for different plan
sponsors.--The requirement in clause (i) is not
satisfied with respect to an area if only one
entity offers all the qualifying plans in the
area.
``(iii) Qualifying plan defined.--For
purposes of this section, the term `qualifying
plan' means--
``(I) a prescription drug plan; or
``(II) an MA-PD plan described in
section 1851(a)(2)(A)(i) that provides
basic prescription drug coverage or
qualified prescription drug coverage
that provides supplemental prescription
drug coverage so long as there is no MA
monthly supplemental beneficiary
premium applied under the plan, due to
the application of a credit against
such premium of a rebate under section
1854(b)(1)(C).'';
(B) in paragraph (2)(A), by striking ``section
1860D-3(a)'' and inserting ``paragraph (1)(B)''; and
(C) in subparagraphs (A) and (B) of paragraph (4),
by striking ``fallback prescription drug plan'' each
place it appears and inserting ``medicare operated plan
option''.
(3) Section 1860D-11(h) is amended--
(A) in the heading, by striking ``and Fallback
Plans''; and
(B) by striking the first sentence and inserting
the following: ``The Secretary shall submit to Congress
an annual report that describes instances in which
limited risk plans were offered under subsection
(f).''.
(4) Section 1860D-12(b) of the Social Security Act, as
added by section 101(a) of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (Public Law 108-
173), is amended--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph
(2).
(5) Section 1860D-15 of the Social Security Act, as added
by section 101(a) of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (Public Law 108-
173), is amended by striking subsection (g).
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of section 101(a) of the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108-173).
SEC. 3. NEGOTIATING FAIR PRICES FOR MEDICARE PRESCRIPTION DRUGS.
Section 1860D-11 of the Social Security Act, as added by section
101(a) of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173), is amended by striking
subsection (i) (relating to noninterference) and by inserting the
following:
``(i) Negotiation of Prices With Manufacturers.--In order to ensure
that beneficiaries enrolled under prescription drug plans and MA-PD
plans pay the lowest possible price, the Secretary shall--
``(1) have authority similar to that of other Federal
entities that purchase prescription drugs in bulk to negotiate
contracts with manufacturers of covered part D drugs,
consistent with the requirements and in furtherance of the
goals of providing quality care and containing costs under this
part; and
``(2) use such authority to negotiate the prices of covered
part D drugs furnished to part D eligible individuals under
prescription drug plans offered by PDP sponsors under this
part.''.
SEC. 4. IMPORTATION OF PRESCRIPTION DRUGS.
Section 804 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
384) is amended--
(1) in subsection (a)--
(A) by striking ``The Secretary'' and inserting
``Not later than 180 days after the date of enactment
of the Pharmaceutical Market Access Act of 2003, the
Secretary''; and
(B) by striking ``pharmacists and wholesalers'' and
inserting ``pharmacists, wholesalers, and qualifying
individuals'';
(2) in subsection (b)--
(A) by striking paragraph (1) and inserting the
following:
``(1) require that each covered product imported under that
subsection complies with sections 501, 502, and 505 and other
applicable requirements of this Act; and'';
(B) in paragraph (2), by striking ``, including
subsection (d); and'' and inserting a period; and
(C) by striking paragraph (3);
(3) in subsection (c), by inserting ``by pharmacists and
wholesalers (but not qualifying individuals)'' after
``importation of covered products'';
(4) in subsection (d)--
(A) by striking paragraphs (3) and (10);
(B) in paragraph (5), by striking ``, including the
professional license number of the importer, if any'';
(C) in paragraph (6)--
(i) in subparagraph (C), by inserting ``(if
required under subsection (e))'' before the
period;
(ii) in subparagraph (D), by inserting
``(if required under subsection (e))'' before
the period; and
(iii) in subparagraph (E), by striking
``labeling'';
(D) in paragraph (7)--
(i) in subparagraph (A), by inserting ``(if
required under subsection (e))'' before the
period; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Certification from the importer or
manufacturer of the product that the product meets all
requirements of this Act.''; and
(E) by redesignating paragraphs (4) through (9) as
paragraphs (3) through (8), respectively;
(5) by striking subsection (e) and inserting the following:
``(e) Testing.--
``(1) In general.--Subject to paragraph (2), regulations
under subsection (a) shall require that testing referred to in
paragraphs (5) through (7) of subsection (d) be conducted by
the importer of the covered product, unless the covered product
is a prescription drug subject to the requirements of section
505B for counterfeit-resistant technologies.
``(2) Exception.--The testing requirements of paragraphs
(5) through (7) of subsection (d) shall not apply to an
importer unless the importer is a wholesaler.'';
(6) in subsection (f), by striking ``or designated by the
Secretary, subject to such limitations as the Secretary
determines to be appropriate to protect the public health'';
(7) in subsection (g)--
(A) by striking ``counterfeit or''; and
(B) by striking ``and the Secretary determines that
the public is adequately protected from counterfeit and
violative covered products being imported pursuant to
subsection (a)'';
(8) in subsection (i)(1)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) Study.--
``(i) In general.--The Secretary shall
conduct, or contract with an entity to conduct,
a study on the imports permitted under
subsection (a), including consideration of the
information received under subsection (d).
``(ii) Evaluation.--In conducting the
study, the Secretary or entity shall--
``(I) evaluate the compliance of
importers with regulations under
subsection (a), and the incidence of
shipments under that subsection, if
any, that have been determined to be
misbranded or adulterated; and
``(II) determine how that
compliance contrasts with the incidence
of shipments of prescription drugs
transported within the United States
that have been determined to be
misbranded or adulterated.''; and
(B) in subparagraph (B), by striking ``Not later
than 2 years after the effective date of final
regulations under subsection (a),'' and inserting ``Not
later than 18 months after the date of enactment of the
Pharmaceutical Market Access Act of 2003,'';
(9) in subsection (k)(2)--
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(B) by inserting after subparagraph (C) the
following:
``(D) Qualifying individual.--The term `qualifying
individual' means an individual who is not a pharmacist
or a wholesaler.''; and
(10) by striking subsections (l) and (m).
SEC. 5. LIMITATION ON PRESCRIPTION DRUG BENEFITS OF MEMBERS OF
CONGRESS.
(a) Limitation on Benefits.--Notwithstanding any other provision of
law, the actuarial value of the prescription drug benefits of any
Member of Congress enrolled in a health benefits plan under chapter 89
of title 5, United States Code, may not exceed the actuarial value of
basic prescription drug coverage (as defined in section 1860D-2(a)(3)
of the Social Security Act, as added by section 101(a) of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (Public
Law 108-173)).
(b) Regulations.--The Director of the Office of Personnel
Management shall promulgate regulations to carry out this section. | Right Prescription for Seniors Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to ensure that Medicare beneficiaries have access to a Medicare administered prescription drug plan option.
Repeals provisions prohibiting the Secretary from interfering with the negotiations between drug manufacturers and pharmacies and prescription drug plan sponsors and from requiring a particular formulary or instituting a price structure for the reimbursement of covered part D drugs.
Grants the Secretary the authority similar to that of other Federal entities that purchase prescription drugs in bulk to negotiate contracts with manufacturers of covered part D drugs, consistent with the requirements and in furtherance of the goals of providing quality care and containing costs. Requires the Secretary to use such authority to negotiate the prices of such drugs under prescription drug plans offered by PDP sponsors.
Amends the Federal Food, Drug and Cosmetic Act to direct the Secretary to promulgate regulations allowing qualifying individuals to import covered products (in addition to pharmacists and wholesalers, whom current law authorizes to import such products).
States that the Secretary shall not have to store records in cases in which qualifying individuals have imported a covered product.
Amends provisions regarding the importation of covered products, repealing the mandate that the Secretary require that a foreign seller specify the original source of the product and the amount of each lot of the product originally received.
Amends provisions regarding the testing of imported covered products. Declares that specified tests, including ones involving authenticity and degradation of products, shall not be required unless the importer is a wholesaler. Requires such tests to be conducted by the importer unless a product is a prescription drug subject to requirements for counterfeit-resistant packaging. (Currently either the importer or the manufacturer may conduct such tests).
Eliminates the sunset date current law establishes for the provisions pertaining to the importation of covered products (thus making such provisions permanent).
Limits prescription drug benefits for Members of Congress. | A bill to amend part D of title XVIII of the Social Security Act to ensure that every medicare beneficiary has access to a medicare administered prescription drug plan option, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Continued Dumping or Subsidy Offset
Act of 1997''.
SEC. 2. FINDINGS OF CONGRESS.
The Congress finds that:
(a) Consistent with our WTO rights, injurious dumping is to
be condemned and that actionable subsidies which cause injury
to domestic industries must be effectively neutralized.
(b) United States unfair trade laws have as their purpose
the restoration of conditions of fair trade so that jobs and
investment that should be in the United States are not lost
through false market signals.
(c) The continued dumping or subsidization of imported
product after the issuance of antidumping orders or findings or
countervailing duty orders can frustrate the remedial purpose
of the laws by preventing market prices from returning to fair
levels.
(d) Where dumping or subsidization continues, domestic
producers will be reluctant to reinvest or rehire and may be
unable to maintain pension and health care benefits that
conditions of fair trade would permit.
(e) United States trade laws should be strengthened to see
that the remedial purpose is achieved in fact.
SEC. 3. AMENDMENTS TO THE TARIFF ACT OF 1930.
(a) In General.--Title VII of the Tariff Act of 1930 is amended by
adding section 752:
``SEC. 752. CONTINUED DUMPING OR SUBSIDY OFFSET.
``(a) In General.--Whenever continued dumping or subsidization is
found to exist by the administering authority under section 751(a) of
this Act or by operation of law, any duties assessed shall be
distributed to the affected domestic producers for qualifying
expenditures on an annual basis. Such disbursement shall be known as
the `continued dumping or subsidy offset'.
``(b) Definitions.--As used in this section:
``(1) The term `affected domestic producer' means any
manufacturer, producer, or worker representative that was a
petitioner or interested party in support of the petition with
respect to which an antidumping duty finding or order or
countervailing duty order has been entered and remains in
operation. Companies or businesses that have ceased the
production of the product covered by the order or finding or
who have been acquired by a company or business that is related
to a company that opposed the investigation shall not be an
affected domestic producer.
``(2) The term `Commissioner' means the Commissioner of the
United States Customs Service.
``(3) The term `Commission' means the United States
International Trade Commission.
``(4) The term `qualifying expenditure' means expenditures
incurred since the issuance of the antidumping duty finding or
order or countervailing duty order in any or all of the
following categories:
``(i) plant;
``(ii) equipment;
``(iii) R&D;
``(iv) personnel training;
``(v) acquisition of technology;
``(vi) health care benefits to employees paid for
by the employer;
``(vii) pension benefits to employees paid for by
the employer;
``(viii) environmental equipment, training and/or
technology.
``(c) Disbursement Procedures.--The Commissioner shall prescribe
procedures for disbursement of the continued dumping or subsidies
offset required by this section provided that disbursement shall occur
for monies assessed during one fiscal year of the United States at the
latest within sixty days after the beginning of the next fiscal year.
``(d) Parties Eligible for Distribution of Antidumping and/or
Countervailing Duties Assessed.--
``(1) The Commission shall forward to the Commissioner
within sixty days of the effective date of this section or
within sixty days of the issuance of an antidumping or
countervailing duty order after the effective date of this
section a list of petitioners and those companies that indicate
support of the petition by letter or through questionnaire
response. Where no injury test was required or where the
Commission's records do not permit an identification of those
in support of a petition the Commission shall consult with the
Department of Commerce to determine the identity of the
petitioner and those domestic parties who have entered
appearances during administrative reviews conducted by Commerce
and sought vigorous enforcement of United States law.
``(2) The Commissioner shall publish in the Federal
Register at least thirty days prior to the issuance of payments
a notice of intention to distribute duty assessments, the list
of companies eligible based on the list obtained from the
Commission and shall request a certification from each
recipient as to (a) desire to receive distribution, (b)
continued eligibility as an affected domestic producer, and (c)
the qualifying expenditures incurred since the issuance of the
order for which distribution under this section has not
previously been made.
``(3) The Commissioner shall distribute all funds
(including all interest earned) from assessments received in
the completed fiscal year to affected domestic producers based
on the affirmative responses to subparagraph (2) on a pro rata
basis based on new and remaining qualifying expenditures.
``(e) Special Accounts.--
``(1) Within fourteen days of the effective date of this
provision for outstanding antidumping orders and findings or
for outstanding countervailing duty orders or within fourteen
days of the date an antidumping or countervailing duty order
takes effect, the Commissioner shall establish in the Treasury
of the United States a special account with respect to that
order or finding.
``(2) The Commissioner shall have deposited into the
special accounts all antidumping or countervailing duties,
including interest on such duties, that are assessed under the
antidumping order or finding or the countervailing duty order
with respect to which the account was established since the
effective date of this section.
``(3) The monies in a special account shall be available
for distribution to the extent of actual assessment (including
interest).
``(4) Consistent with the requirements of paragraph (c),
the Commissioner shall by regulation prescribe the time and
manner in which distribution of funds from special accounts
will be made.
``(5) The special accounts will remain in existence until
all entries relating to an order which has been terminated are
liquidated and duties assessed collected and the Commissioner
has provided one last notice of opportunity to obtain
distribution pursuant to paragraph (c). Amounts unclaimed
within 90 days of the time of such final distribution shall be
turned over to the general Treasury.''
(b) Effective Date.--The continued antidumping or subsidy offset
will apply with regard to all assessments made on or after October 1,
1996, on outstanding antidumping findings or orders or countervailing
duty orders. | Continued Dumping or Subsidy Offset Act of 1997 - Amends the Tariff Act of 1930 to declare that, whenever continued dumping or subsidization is found to exist by the administering authority or by operation of law, any duties assessed shall be distributed as continued dumping or subsidy offsets to the affected domestic producers for qualifying expenditures on an annual basis.
Limits qualifying expenditures to expenditures incurred since the issuance of the antidumping duty finding or order or countervailing duty order in any or all of the categories of plant, equipment, research and development, personnel training, acquisition of technology, employer-paid employee health care and pension benefits, and environmental equipment, training and-or technology.
Directs the Commissioner of the U.S. Customs Service to prescribe offset disbursement procedures. Sets forth general procedures for notification of eligible parties.
Requires the Commissioner to establish a special account in the Treasury to receive all antidumping or countervailing duties, including interest, for distribution according to this Act, within 14 days after an antidumping or countervailing duty order takes effect. | Continued Dumping or Subsidy Offset Act of 1997 |
SECTION 1. GEOTHERMAL HEAT PUMP TECHNOLOGY ACCELERATION PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) General services administration facility.--
(A) In general.--The term ``General Services
Administration facility'' means any building,
structure, or facility, in whole or in part (including
the associated support systems of the building,
structure, or facility), that--
(i) is constructed (including facilities
constructed for lease), renovated, or
purchased, in whole or in part, by the
Administrator for use by the Federal
Government; or
(ii) is leased, in whole or in part, by the
Administrator for use by the Federal
Government--
(I) except as provided in subclause
(II), for a term of not less than 5
years; or
(II) for a term of less than 5
years, if the Administrator determines
that use of cost-effective technologies
and practices would result in the
payback of expenses.
(B) Inclusion.--The term ``General Services
Administration facility'' includes any group of
buildings, structures, or facilities described in
subparagraph (A) (including the associated energy-
consuming support systems of the buildings, structures,
and facilities).
(C) Exemption.--The Administrator may exempt from
the definition of ``General Services Administration
facility'' under this paragraph a building, structure,
or facility that meets the requirements of section
543(c) of Public Law 95-619 (42 U.S.C. 8253(c)).
(b) Establishment.--
(1) In general.--The Administrator shall establish a
program to accelerate the use of geothermal heat pumps at
General Services Administration facilities.
(2) Requirements.--The program established under this
subsection shall--
(A) ensure centralized responsibility for the
coordination of geothermal heat pump recommendations,
practices, and activities of all relevant Federal
agencies;
(B) provide technical assistance and operational
guidance to applicable tenants to achieve the goal
identified in subsection (c)(2)(B)(ii); and
(C) establish methods to track the success of
Federal departments and agencies with respect to that
goal.
(c) Accelerated Use of Geothermal Heat Pump Technologies.--
(1) Review.--
(A) In general.--As part of the program under this
section, not later than 90 days after the date of
enactment of this Act, the Administrator shall conduct
a review of--
(i) current use of geothermal heat pump
technologies in General Services Administration
facilities; and
(ii) the availability to managers of
General Services Administration facilities of
geothermal heat pumps.
(B) Requirements.--The review under subparagraph
(A) shall--
(i) examine the use of geothermal heat
pumps by Federal agencies in General Services
Administration facilities; and
(ii) as prepared in consultation with the
Administrator of the Environmental Protection
Agency, identify geothermal heat pump
technology standards that could be used for all
types of General Services Administration
facilities.
(2) Replacement.--
(A) In general.--As part of the program under this
section, not later than 180 days after the date of
enactment of this Act, the Administrator shall
establish, using available appropriations, a geothermal
heat pump technology acceleration program to achieve
maximum feasible replacement of existing heating and
cooling technologies with geothermal heat pump
technologies in each General Services Administration
facility.
(B) Acceleration plan timetable.--
(i) In general.--To implement the program
established under subparagraph (A), not later
than 1 year after the date of enactment of this
Act, the Administrator shall establish a
timetable, including milestones for specific
activities needed to replace existing heating
and cooling technologies with geothermal heat
pump technologies, to the maximum extent
feasible (including at the maximum rate
feasible), at each General Services
Administration facility.
(ii) Goal.--The goal of the timetable under
clause (i) shall be to complete, using
available appropriations, maximum feasible
replacement of existing heating and cooling
technologies with geothermal heat pump
technologies by not later than the date that is
5 years after the date of enactment of this
Act.
(d) General Services Administration Facility Geothermal Heat Pump
Technologies and Practices.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the Administrator
shall--
(1) ensure that a manager responsible for accelerating the
use of geothermal heat pump technologies is designated for each
General Services Administration facility geothermal heat pump
technologies and practices facility; and
(2) submit to Congress a plan, to be implemented to the
maximum extent feasible (including at the maximum rate
feasible) using available appropriations, by not later than the
date that is 5 years after the date of enactment of this Act,
that--
(A) includes an estimate of the funds necessary to
carry out this section;
(B) describes the status of the implementation of
geothermal heat pump technologies and practices at
General Services Administration facilities, including--
(i) the extent to which programs, including
the program established under subsection (b),
are being carried out in accordance with this
Act; and
(ii) the status of funding requests and
appropriations for those programs;
(C) identifies within the planning, budgeting, and
construction processes, all types of General Services
Administration facility-related procedures that inhibit
new and existing General Services Administration
facilities from implementing geothermal heat pump
technologies;
(D) recommends language for uniform standards for
use by Federal agencies in implementing geothermal heat
pump technologies and practices;
(E) in coordination with the Office of Management
and Budget, reviews the budget process for capital
programs with respect to alternatives for--
(i) permitting Federal agencies to retain
all identified savings accrued as a result of
the use of geothermal heat pump technologies;
and
(ii) identifying short- and long-term cost
savings that accrue from the use of geothermal
heat pump technologies and practices;
(F) achieves substantial operational cost savings
through the application of geothermal heat pump
technologies; and
(G) includes recommendations to address each of the
matters, and a plan for implementation of each
recommendation, described in subparagraphs (A) through
(F).
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section, to
remain available until expended. | Requires the Administrator of General Services to establish a program to accelerate the use of geothermal heat pumps at General Services Administration (GSA) facilities. Requires such program to: (1) ensure centralized responsibility for the coordination of geothermal heat pump recommendations, practices, and activities of all relevant federal agencies; (2) provide technical assistance and operational guidance to tenants to achieve maximum feasible replacement of existing heating and cooling technologies with geothermal heat pump technologies within five years; and (3) establish methods to track the success of federal agencies with respect to that goal.
Requires the Administrator to: (1) review the current use of geothermal heat pump technologies in GSA facilities and the availability of such technologies to facility managers; and (2) establish an acceleration program to achieve maximum feasible replacement of existing heating and cooling technologies with geothermal heat pump technologies in each GSA facility.
Requires the Administrator to: (1) ensure that a manager responsible for accelerating the use of geothermal heat pump technologies is designated for each GSA geothermal heat pump technologies and practices facility; and (2) submit to Congress a plan for implementing, within five years, geothermal heat pump technologies and practices at GSA facilities. | A bill to establish a geothermal heat pump technology acceleration program relating to General Services Administration facilities. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Social Security Act of
2013''.
SEC. 2. DETERMINATION OF TAXABLE WAGES AND SELF-EMPLOYMENT INCOME ABOVE
CONTRIBUTION AND BENEFIT BASE AFTER 2013.
(a) Determination of Taxable Wages Above Contribution and Benefit
Base After 2013.--
(1) Amendments to the internal revenue code of 1986.--
Section 3121 of the Internal Revenue Code of 1986 is amended--
(A) in subsection (a)(1), by inserting ``the
applicable percentage (determined under subsection
(c)(1)) of'' before ``that part of the remuneration'';
and
(B) in subsection (c), by striking ``(c) Included
and Excluded Service.--For purposes of this chapter,
if'' and inserting the following:
``(c) Special Rules for Wages and Employment.--
``(1) Applicable percentage of remuneration in determining
taxable wages.--For purposes of subsection (a)(1), the
applicable percentage for a calendar year shall be equal to--
``(A) for 2014, 80 percent;
``(B) for 2015 through 2017, the applicable
percentage under this paragraph for the previous year,
decreased by 20 percentage points; and
``(C) for 2018 and each year thereafter, 0 percent.
``(2) Included and excluded service.--For purposes of this
chapter, if''.
(2) Amendments to the social security act.--Section 209 of
the Social Security Act (42 U.S.C. 409) is amended--
(A) in subsection (a)(1)(I)--
(i) by inserting ``and before 2014'' after
``1974''; and
(ii) by inserting ``and'' after the
semicolon;
(B) in subsection (a)(1), by adding at the end the
following new subparagraph:
``(J) The applicable percentage (determined under
subsection (l)) of that part of remuneration which,
after remuneration (other than remuneration referred to
in the succeeding subsections of this section) equal to
the contribution and benefit base (determined under
section 230) with respect to employment has been paid
to an individual during any calendar year after 2013
with respect to which such contribution and benefit
base is effective, is paid to such individual during
such calendar year;''; and
(C) by adding at the end the following new
subsection:
``(l) For purposes of subsection (a)(1)(J), the applicable
percentage for a calendar year shall be equal to--
``(1) for 2014, 80 percent;
``(2) for 2015 through 2017, the applicable percentage
under this subsection for the previous year, decreased by 20
percentage points; and
``(3) for 2018 and each year thereafter, 0 percent.''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to remuneration paid in calendar years
after 2013.
(b) Determination of Taxable Self-Employment Income Above
Contribution and Benefit Base After 2013.--
(1) Amendments to the internal revenue code of 1986.--
Section 1402 of the Internal Revenue Code of 1986 is amended--
(A) in subsection (b)(1), by striking ``that part
of the net earnings'' and all that follows through
``minus'' and inserting the following: ``an amount
equal to the applicable percentage (as determined under
subsection (d)(2)) of that part of the net earnings
from self-employment which is in excess of the
difference (not to be less than zero) between (i) an
amount equal to the contribution and benefit base (as
determined under section 230 of the Social Security
Act) which is effective for the calendar year in which
such taxable year begins, and''; and
(B) in subsection (d)--
(i) by striking ``(d) Employee and Wages.--
The term'' and inserting the following:
``(d) Rules and Definitions.--
``(1) Employee and wages.--The term''; and
(ii) by adding at the end the following:
``(2) Applicable percentage of net earnings from self-
employment in determining taxable self-employment income.--For
purposes of subsection (b)(1), the applicable percentage for a
taxable year beginning in any calendar year referred to in such
paragraph shall be equal to--
``(A) for 2014, 80 percent;
``(B) for 2015 through 2017, the applicable
percentage under this paragraph for the previous year,
decreased by 20 percentage points; and
``(C) for 2018 and each year thereafter, 0
percent.''.
(2) Amendments to the social security act.--Section 211 of
the Social Security Act (42 U.S.C. 411) is amended--
(A) in subsection (b)--
(i) in paragraph (1)(I)--
(I) by striking ``or'' after the
semicolon; and
(II) by inserting ``and before
2014'' after ``1974'';
(ii) by redesignating paragraph (2) as
paragraph (3); and
(iii) by inserting after paragraph (1) the
following:
``(2) For any taxable year beginning in any calendar year
after 2013, an amount equal to the applicable percentage (as
determined under subsection (l)) of that part of net earnings
from self-employment which is in excess of the difference (not
to be less than zero) between--
``(A) an amount equal to the contribution and
benefit base (as determined under section 230) that is
effective for such calendar year, and
``(B) the amount of the wages paid to such
individual during such taxable year; or''; and
(B) by adding at the end the following:
``(l) For purposes of subsection (b)(2), the applicable percentage
for a taxable year beginning in any calendar year referred to in such
paragraph shall be equal to--
``(1) for 2014, 80 percent;
``(2) for 2015 through 2017, the applicable percentage
under this subsection for the previous year, decreased by 20
percentage points; and
``(3) for 2018 and each year thereafter, 0 percent.''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to taxable years beginning during or
after calendar year 2014.
SEC. 3. ADJUSTMENTS TO BEND POINTS IN DETERMINING PRIMARY INSURANCE
AMOUNT AND INCLUSION OF SURPLUS EARNINGS FOR BENEFIT
DETERMINATIONS.
(a) Inclusion of Surplus Average Indexed Monthly Earnings in
Determination of Primary Insurance Amounts.--
(1) In general.--Section 215(a)(1)(A) of the Social
Security Act (42 U.S.C. 415(a)(1)(A)) is amended--
(A) in clauses (i), (ii), and (iii), by inserting
``basic'' before ``average indexed monthly earnings''
each place it appears;
(B) in clause (ii), by striking ``and'' at the end;
(C) in clause (iii), by adding ``and'' at the end;
and
(D) by inserting after clause (iii) the following
new clause:
``(iv) 5 percent of the individual's surplus average
indexed monthly earnings,''.
(2) Bend point adjustment.--Section 215(a)(1)(B) of such
Act (42 U.S.C. 415(a)(1)(B)) is amended--
(A) by redesignating clause (iii) as clause (iv);
and
(B) by inserting after clause (ii) the following
new clause:
``(iii) For individuals who initially become eligible for
old-age or disability insurance benefits, or who die (before
becoming eligible for such benefits) in any calendar year after
2018, the amount determined under clause (i) of this
subparagraph for purposes of subparagraph (A)(i) for such
calendar year shall be increased by--
``(I) for calendar year 2019, 1 percent;
``(II) for each of calendar years 2020 through
2032, the percent determined under this clause for the
preceding year increased by 1 percentage point; and
``(III) for calendar year 2033 and each year
thereafter, 15 percent.''.
(b) Basic AIME and Surplus AIME.--
(1) Basic aime.--Section 215(b)(1) of such Act (42 U.S.C.
415(b)(1)) is amended--
(A) by inserting ``basic'' before ``average''; and
(B) in subparagraph (A), by striking ``paragraph
(3)'' and inserting ``paragraph (3)(A)'' and by
inserting before the comma the following: ``to the
extent such total does not exceed the contribution and
benefit base for the applicable year''.
(2) Surplus aime.--
(A) In general.--Section 215(b)(1) of such Act (as
amended by paragraph (1)) is amended--
(i) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively;
(ii) by inserting ``(A)'' after ``(b)(1)'';
and
(iii) by adding at the end the following
new subparagraph:
``(B)(i) An individual's surplus average indexed monthly earnings
shall be equal to the quotient obtained by dividing--
``(I) the total (after adjustment under paragraph (3)(B))
of such individual's surplus earnings (determined under clause
(ii)) for such individual's benefit computation years
(determined under paragraph (2)), by
``(II) the number of months in those years.
``(ii) For purposes of clause (i) and paragraph (3)(B), an
individual's surplus earnings for a benefit computation year are the
total of such individual's wages paid in and self-employment income
credited to such benefit computation year, to the extent such total
(before adjustment under paragraph (3)(B)) exceeds the contribution and
benefit base for such year.''.
(B) Conforming amendment.--The heading for section
215(b) of such Act is amended by striking ``Average
Indexed Monthly Earnings'' and inserting ``Basic
Average Indexed Monthly Earnings; Surplus Average
Indexed Monthly Earnings''.
(3) Adjustment of surplus earnings for purposes of
determining surplus aime.--Section 215(b)(3) of such Act (42
U.S.C. 415(b)(3)) is amended--
(A) in subparagraph (A), by striking ``subparagraph
(B)'' and inserting ``subparagraph (C)'' and by
inserting ``and determination of basic average indexed
monthly income'' after ``paragraph (2)'';
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) For purposes of determining under paragraph (1)(B) an
individual's surplus average indexed monthly earnings, the individual's
surplus earnings (described in paragraph (2)(B)(ii)) for a benefit
computation year shall be deemed to be equal to the product of--
``(i) the individual's surplus earnings for such year (as
determined without regard to this subparagraph), and
``(ii) the quotient described in subparagraph (A)(ii).''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to individuals who initially become eligible (within
the meaning of section 215(a)(3)(B) of the Social Security Act) for
old-age or disability insurance benefits under title II of the Social
Security Act, or who die (before becoming eligible for such benefits),
in any calendar year after 2018.
SEC. 4. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS.
(a) In General.--The Bureau of Labor Statistics of the Department
of Labor shall prepare and publish an index for each calendar month to
be known as the ``Consumer Price Index for Elderly Consumers'' that
indicates changes over time in expenditures for consumption which are
typical for individuals in the United States who have attained early
retirement age (as defined under section 216(l)(2) of the Social
Security Act (42 U.S.C. 416(l)(2)) for purposes of an old-age, wife's,
or husband's insurance benefit).
(b) Effective Date.--Subsection (a) shall apply with respect to
calendar months ending on or after June 30 of the calendar year in
which this Act is enacted.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the provisions of
this section.
SEC. 5. COMPUTATION OF COST-OF-LIVING INCREASES FOR SOCIAL SECURITY
BENEFITS.
(a) In General.--Section 215(i) of the Social Security Act (42
U.S.C. 415(i)) is amended--
(1) in paragraph (1)(G), by inserting before the period the
following: ``, and, with respect to any monthly insurance
benefit payable under this title, effective for adjustments
under this subsection to the primary insurance amount on which
such benefit is based (or to any such benefit under section 227
or 228), the applicable Consumer Price Index shall be deemed to
be the Consumer Price Index for Elderly Consumers and such
primary insurance amount shall be deemed adjusted under this
subsection using such Index''; and
(2) in paragraph (4), by striking ``and by section 9001''
and inserting ``, by section 9001'', and by inserting after
``1986,'' the following: ``and by section 5(a) of the
Strengthening Social Security Act of 2013,''.
(b) Conforming Amendments in Applicable Former Law.--Section
215(i)(1)(C) of the Social Security Act, as in effect in December 1978
and applied in certain cases under the provisions of such Act in effect
after December 1978, is amended by inserting before the period the
following: ``, and, with respect to any monthly insurance benefit
payable under this title, effective for adjustments under this
subsection to the primary insurance amount on which such benefit is
based (or to any such benefit under section 227 or 228), the applicable
Consumer Price Index shall be deemed to be the Consumer Price Index for
Elderly Consumers and such primary insurance amount shall be deemed
adjusted under this subsection using such Index''.
(c) Effective Date.--The amendments made by this section shall
apply to determinations made by the Commissioner of Social Security
under section 215(i)(2) of the Social Security Act (42 U.S.C.
415(i)(2)) with respect to cost-of-living computation quarters ending
on or after September 30, 2014. | Strengthening Social Security Act of 2013 - Amends the Internal Revenue Code to prescribe special rules for the determination of taxable wages and self-employment income above the contribution and benefit base after 2013. Amends SSA title II to include surplus average indexed monthly earnings (AIME) in the determination of primary OASDI amounts. Directs the Bureau of Labor Statistics (BLS) of the Department of Labor to prepare and publish the Consumer Price Index for Elderly Consumers (CPI-EC) that indicates changes over time in expenditures for consumption which are typical for individuals in the United States who have attained early retirement age for purposes of an old-age, wife's, or husband's insurance benefit. Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to make the CPI-EC the applicable Consumer Price Index (CPI) for computation of cost-of-living increases in OASDI benefits for such individuals. | Strengthening Social Security Act of 2013 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Maritime
Transportation Security Act of 2004''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents
Sec. 2. Enforcement; pier and wharf security costs.
Sec. 3. Security at foreign ports.
Sec. 4. Federal and State commercial maritime transportation training.
Sec. 5. Transportation worker background investigation programs.
Sec. 6. Report on cruise ship security.
Sec. 7. Maritime transportation security plan grants.
Sec. 8. Report on design of maritime security grant programs.
SEC. 2. ENFORCEMENT; PIER AND WHARF SECURITY COSTS.
(a) In General.--Chapter 701 of title 46, United States Code, is
amended--
(1) by redesignating the second section 70118 (relating to
firearms, arrests, and seizure of property), as added by
section 801(a) of the Coast Guard and Maritime Transportation
Act of 2004, as section 70119;
(2) by redesignating the first section 70119 (relating to
enforcement by State and local officers), as added by section
801(a) of the Coast Guard and Maritime Transportation Act of
2004, as section 70120;
(3) by redesignating the second section 70119 (relating to
civil penalty), as redesignated by section 802(a)(1) of the
Coast Guard and Maritime Transportation Act of 2004, as section
70123; and
(4) by inserting after section 70120 the following:
``Sec. 70121. Enforcement by injunction or withholding of clearance
``(a) Injunction.--The United States district courts shall have
jurisdiction to restrain violations of this chapter or of regulations
issued hereunder, for cause shown.
``(b) Withholding of Clearance.--
``(1) If any owner, agent, master, officer, or person in
charge of a vessel is liable for a penalty or fine under
section 70119, or if reasonable cause exists to believe that
the owner, agent, master, officer, or person in charge may be
subject to a penalty under section 70119, the Secretary may,
with respect to such vessel, refuse or revoke any clearance
required by section 4197 of the Revised Statutes of the United
States (46 U.S.C. App. 91).
``(2) Clearance refused or revoked under this subsection
may be granted upon filing of a bond or other surety
satisfactory to the Secretary.
``Sec. 70122. Security of piers and wharfs
``(a) In General.--Notwithstanding any other provision of law, the
Secretary shall require any uncleared, imported merchandise remaining
on the wharf or pier onto which it was unladen for more than 7 calendar
days, not including any time the imported merchandise was held in
federal custody, to be removed from the wharf or pier and deposited in
the public stores or a general order warehouse, where it shall be
inspected for determination of contents, and thereafter a permit for
its delivery may be granted.
``(b) Penalty.--The Secretary may impose an administrative penalty
of $5,000 on the consignee for each bill of lading for general order
merchandise remaining on a wharf or pier in violation of subsection
(a), except that no penalty shall be imposed if the violation was a
result of force majeure.''.
(b) Conforming Amendments.--
(1) The chapter analysis for chapter 701 of title 46,
United States Code, is amended by striking the items following
the item relating to section 70116 and inserting the following:
``70117. In rem liability for civil penalties and certain costs
``70118. Withholding of clearance
``70119. Firearms, arrests, and seizure of property
``70120. Enforcement by State and local officers
``70121. Enforcement by injunction or withholding of clearance
``70122. Security of piers and wharfs
``70123. Civil penalty''.
(2) Section 70117(a) of title 46, United States Code, is
amended by striking ``section 70120'' and inserting ``section
70123''.
(3) Section 70118(a) of such title is amended by striking
``under section 70120,'' and inserting ``under that section,''.
SEC. 3. SECURITY AT FOREIGN PORTS.
(a) In General.--Section 70109 of title 46, United States Code, is
amended--
(1) by striking ``The Secretary,'' in subsection (b) and
inserting ``The Administrator of the Maritime
Administration,''; and
(2) by adding at the end the following:
``(c) Foreign Assistance Programs.--The Administrator of the
Maritime Administration, in coordination with the Secretary of State,
shall identify foreign assistance programs that could facilitate
implementation of port security antiterrorism measures in foreign
countries. The Administrator and the Secretary shall establish a
program to utilize those programs that are capable of implementing port
security antiterrorism measures at ports in foreign countries that the
Secretary finds, under section 70108, to lack effective antiterrorism
measures.''.
(b) Report on Security at Ports in the Caribbean Basin.--Not later
than 60 days after the date of enactment of this Act, the Secretary of
Homeland Security shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and Committee on Transportation and
Infrastructure of the House of Representatives a report on the security
of ports in the Caribbean Basin. The report shall include the
following:
(1) An assessment of the effectiveness of the measures
employed to improve security at ports in the Caribbean Basin
and recommendations for any additional measures to improve such
security.
(2) An estimate of the number of ports in the Caribbean
Basin that will not be secured by July 2004, and an estimate of
the financial impact in the United States of any action taken
pursuant to section 70110 of title 46, United States Code, that
affects trade between such ports and the United States.
(3) An assessment of the additional resources and program
changes that are necessary to maximize security at ports in the
Caribbean Basin.
SEC. 4. FEDERAL AND STATE COMMERCIAL MARITIME TRANSPORTATION TRAINING.
Section 109 of the Maritime Transportation Security Act of 2002 (46
U.S.C. 70101 note) is amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Federal and State Commercial Maritime Transportation
Training.--The Secretary of Transportation shall establish a
curriculum, to be incorporated into the curriculum developed under
subsection (a)(1), to educate and instruct Federal and State officials
on commercial maritime and intermodal transportation. The curriculum
shall be designed to familiarize those officials with commercial
maritime transportation in order to facilitate performance of their
commercial maritime and intermodal transportation security
responsibilities. In developing the standards for the curriculum, the
Secretary shall consult with each agency in the Department of Homeland
Security with maritime security responsibilities to determine areas of
educational need. The Secretary shall also coordinate with the Federal
Law Enforcement Training Center in the development of the curriculum
and the provision of training opportunities for Federal and State law
enforcement officials at appropriate law enforcement training
facilities.''.
SEC. 5. TRANSPORTATION WORKER BACKGROUND INVESTIGATION PROGRAMS.
Within 120 days after the date of enactment of this Act, the
Secretary of Homeland Security, after consultation with the Secretary
of Transportation, shall transmit a report to the Senate Committee on
Commerce, Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure--
(1) making recommendations (including legislative
recommendations, if appropriate or necessary) for harmonizing,
combining, or coordinating requirements, procedures, and
programs for conducting background checks under section 70105
of title 46, United States Code, section 5103a(c) of title 49,
United States Code, section 44936 of title 49, United States
Code, and other provisions of Federal law or regulations
requiring background checks for individuals engaged in
transportation or transportation-related activities;
(2) setting forth a detailed timeline for implementation of
such harmonization, combination, or coordination;
(3) setting forth a plan with a detailed timeline for the
implementation of the Transportation Worker Identification
Credential in seaports;
(4) making recommendations for a waiver and appeals process
for issuing a transportation security card to an individual
found otherwise ineligible for such a card under section
70105(c)(2) and (3) of title 46, United States Code, along with
recommendations on the appropriate level of funding for such a
process; and
(5) making recommendations for how information collected
through the Transportation Worker Identification Credential
program may be shared with port officials, terminal operators,
and other officials responsible for maintaining access control
while also protecting workers' privacy.
SEC. 6. REPORT ON CRUISE SHIP SECURITY.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Homeland Security shall submit
to the Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure a report on the security of ships and facilities used in
the cruise line industry.
(b) Content.--The report required by subsection (a) shall include
an assessment of security measures employed by the cruise line
industry, including the following:
(1) An assessment of the security of cruise ships that
originate at ports in foreign countries.
(2) An assessment of the security of ports utilized for
cruise ship docking.
(3) The costs incurred by the cruise line industry to carry
out the measures required by the Maritime Transportation
Security Act of 2002 (Public Law 107-295; 116 Stat. 2064) and
the amendments made by that Act.
(4) The costs of employing canine units and hand-held
explosive detection wands at ports, including the costs of
screening passengers and baggage with such methods.
(5) An assessment of security measures taken by the
Secretary of Homeland Security to increase the security of the
cruise line industry and the costs incurred to carry out such
security measures.
(6) A description of the need for and the feasibility of
deploying explosive detection systems and canine units at ports
used by cruise ships and an assessment of the cost of such
deployment.
(7) A summary of the fees paid by passengers of cruise
ships that are used for inspections and the feasibility of
creating a dedicated passenger vessel security fund from such
fees.
(8) The recommendations of the Secretary, if any, for
measures that should be carried out to improve security of
cruise ships that originate at ports in foreign countries.
(9) The recommendations of the Secretary, if any, on the
deployment of further measures to improve the security of
cruise ships, including explosive detection systems, canine
units, and the use of technology to improve baggage screening,
and an assessment of the cost of implementing such measures.
SEC. 7. MARITIME TRANSPORTATION SECURITY PLAN GRANTS.
Section 70107(a) of title 46, United States Code, is amended to
read as follows:
``(a) In General.--The Under Secretary of Homeland Security for
Border and Transportation Security shall establish a grant program for
making a fair and equitable allocation of funds to implement Area
Maritime Transportation Security Plans and to help fund compliance with
Federal security plans among port authorities, facility operators, and
State and local agencies required to provide security services. Grants
shall be made on the basis of threat-based risk assessments subject to
review and comment by the appropriate Federal Maritime Security
Coordinators and the Maritime Administration. The grant program shall
take into account national security priorities, national economic, and
strategic defense concerns and shall be coordinated with the Director
of the Office of Domestic Preparedness to ensure that the grant process
is consistent with other Department of Homeland Security grant
programs.''.
SEC. 8. REPORT ON DESIGN OF MARITIME SECURITY GRANT PROGRAMS.
Within 90 days after the date of enactment of this Act, the
Secretary of Homeland Security shall transmit a report to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure on the
design of maritime security grant programs that includes
recommendations on--
(1) whether the grant programs should be discretionary or
formula based and why;
(2) requirements for ensuring that Federal funds will not
be substituted for grantee funds;
(3) targeting requirements to ensure that funding is
directed in a manner that reflects a national, risk-based
perspective on priority needs, the fiscal capacity of
recipients to fund the improvements without grant funds, and an
explicit analysis of the impact of minimum funding to small
ports that could affect funding available for the most
strategic or economically important ports; and
(4) matching requirements to ensure that Federal funds
provide an incentive to grantees for the investment of their
own funds in the improvements financed in part by Federal
funds.
Passed the Senate September 21, 2004.
Attest:
EMILY J. REYNOLDS,
Secretary. | Maritime Transportation Security Act of 2004 - (Sec. 2) Amends Federal shipping law to grant U.S. district courts jurisdiction to restrain violations of certain port security requirements. Authorizes the Secretary of Transportation (Secretary) to refuse or revoke port clearance to any owner, agent, master, officer, or person in charge of a vessel that is liable for a penalty or fine for violation of such requirements. Allows any refused or revoked clearance to be granted upon filing of a bond or other surety satisfactory to the Secretary.
Directs the Secretary to require uncleared, unladen imported merchandise remaining on a wharf or pier for more than seven calendar days (not including any time held in Federal custody) to be removed and deposited in a public store or general order warehouse for inspection, after which a delivery permit may be granted. Authorizes the Secretary to impose an administrative penalty of $5,000 on the consignee for each bill of lading for general order merchandise remaining on a wharf or pier in violation of such requirement (except if the violation was a result of force majeure).
(Sec. 3) Shifts from the Secretary to the Administrator of the Maritime Administration responsibility for assessing antiterrorism measures in foreign ports and notifying foreign government authorities of deficiencies and the steps necessary to improve such measures.
Requires the Administrator to identify foreign assistance programs that could facilitate implementation of port security antiterrorism measures in foreign countries. Directs the Administrator and the Secretary to establish a program to utilize those programs that are capable of implementing port security antiterrorism measures at ports in foreign countries that the Secretary finds to lack effective antiterrorism measures.
Directs the Secretary of Homeland Security (DHS Secretary) to report to specified congressional committees on the security of ports in the Caribbean Basin.
(Sec. 4) Amends the Maritime Transportation Security Act of 2002 to direct the Secretary to: (1) establish a curriculum to educate and instruct Federal and State officials on commercial maritime and intermodal transportation; and (2) coordinate with the Federal Law Enforcement Training Center in the curriculum development and the provision of training opportunities for Federal and State law enforcement officials at appropriate law enforcement training facilities.
(Sec. 5) Directs the DHS Secretary to report to specified congressional committees on: (1) recommendations to coordinate background checks for all individuals engaged in transportation activities; and (2) a timeline for implementation of the Transportation Worker Identification Credential in seaports.
(Sec. 6) Directs the DHS Secretary to report to specified congressional committees on the security of ships and facilities used in the cruise line industry, including an assessment of certain security measures employed by the industry.
(Sec. 7) Amends Federal shipping law to direct the Under Secretary of Homeland Security for Border and Transportation Security to establish a maritime transportation security plan grant program to implement Area Maritime Transportation Security Plans and help fund compliance with Federal security plans among port authorities, facility operators, and State and local agencies required to provide security devices.
(Sec. 8) Directs the DHS Secretary to report to specified congressional committees on the design of maritime security grant programs. | A bill to amend title 46, United States Code, with respect to maritime transportation security, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Home Loan Refinance
Opportunity Act of 2009''.
SEC. 2. MODIFICATION OF QUALIFIED VETERANS' MORTGAGE BONDS PROGRAM TO
ALLOW ELIGIBLE VETERANS TO REFINANCE CURRENT HOME LOANS.
(a) Elimination of Refinance Prohibition for Veterans' Bonds.--
Section 143(b) of the Internal Revenue Code of 1986 (relating to
qualified veterans' mortgage bond defined) is amended--
(1) in paragraph (1) by striking ``residences'' and
inserting ``residences or qualified refinancing loans''; and
(2) in paragraph (3) by striking ``(i)(1),''.
(b) Definition.--Section 143(l) of the Internal Revenue Code of
1986 (relating to additional requirements for qualified veterans'
mortgage bonds) is amended by adding at the end the following:
``(6) Qualified refinancing loan.--For purposes of this
subsection, the term `qualified refinancing loan' means a loan
that is used to refinance acquisition indebtedness (as defined
in subclauses (I) and (II) of section 163(h)(3)(B)(i)) for a
principal residence (within the meaning of section 121).''.
(c) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of enactment of this Act.
SEC. 3. INFLATION ADJUSTMENT OF STATE VETERANS LIMIT.
(a) In General.--Paragraph (3) of section 143(l) of the Internal
Revenue Code of 1986 (relating to volume limitation) is amended by
adding at the end the following new subparagraph:
``(D) Limitation adjustment based on inflation.--
``(i) In general.--In the case of any
calendar year after 2010, the limit determined
under subparagraph (B) for a State shall be
adjusted for such calendar year by multiplying
such limit by the inflation adjustment factor
for the calendar year.
``(ii) Computation of inflation adjustment
factor.--For purposes of clause (i)--
``(I) In general.--The Secretary
shall, not later than each October 1,
determine and publish in the Federal
Register the inflation adjustment
factor for the succeeding calendar year
in accordance with this clause.
``(II) Inflation adjustment
factor.--The term `inflation adjustment
factor' means, with respect to a
calendar year, a fraction the numerator
of which is the CMHPI for the second
quarter of the calendar year preceding
the calendar year for which the
adjustment is being made, and the
denominator of which is the CMHPI for
the second quarter of calendar year
2009.
``(III) CMHPI.--The term `CMHPI'
means the Conventional Mortgage Home
Price Index compiled by Federal Home
Loan Mortgage Corporation. The CMHPI
for any quarter shall be the CMHPI
first published for such quarter.
``(IV) Limitation.--No adjustment
shall be made under clause (i) for any
year in which the fraction in subclause
(II) is less than 1.''.
(b) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of the enactment of this Act.
SEC. 4. MODIFICATION OF MATERIALLY HIGHER YIELD FOR MORTGAGES MADE FROM
QUALIFIED VETERANS' MORTGAGE BONDS.
(a) Mortgage Yield Limitation Measured Under General Program
Obligation Provisions.--
(1) Amendment.--Paragraph (3) of section 143(b) of the
Internal Revenue Code of 1986 (relating to qualified veterans'
mortgage bond defined) is amended by inserting ``(other than
paragraph (2) thereof)'' after ``(g)''.
(2) In general.--Subparagraph (C) of section 143(g)(3) of
the Internal Revenue Code of 1986 (relating to requirements
related to arbitrage) is amended by striking ``1.125 percentage
points'' and inserting ``1.50 percentage points''.
(3) Clerical amendment.--Section 143(g)(3) of such Code
(relating to requirements related to arbitrage) is amended in
the heading for subparagraph (C) by striking ``where issuer
does not use full 1.125 percentage points under paragraph (2)''
and inserting ``for certain unused amounts''.
(b) Effective Date.--The amendments made by this section shall
apply to obligations issued after the date of the enactment of this
Act. | Veterans Home Loan Refinance Opportunity Act of 2009 - Amends Internal Revenue Code provisions relating to tax-exempt veterans' mortgage bonds to permit: (1) proceeds from such bonds to refinance residences of veterans (currently, bond financing limited to new mortgages); (2) an annual inflation adjustment after 2010 to the amounts of veterans' mortgage bonds that states may issue; and (3) an increase from 1.125 % to 1.50% in the amount by which interest on veterans' mortgages may exceed the yield on a bond issue. | To amend the Internal Revenue Code of 1986 to allow eligible veterans to use qualified veterans mortgage bonds to refinance home loans, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corporate Welfare Reduction and Job
Preservation Act of 1996''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds the following:
(1) Corporations are subject to a tax rate of up to 34
percent or 35 percent.
(2) Due to tax deductions, exclusions, and credits, the net
tax liability actually paid by many corporations is far below
the real rate. In fact, certain special-interest tax deductions
and expenditures provide corporations with an extra
$70,000,000,000 per year. Additionally, direct Government
subsidies to corporations will amount to $30,000,000,000 per
year.
(3) Over the past several years, one of the most serious
problems affecting the middle-class has been corporate
downsizing. Many large, wealthy, and profitable corporations
have reduced the number of their American employees by
transferring those jobs to foreign countries or have reduced
the number of their employees in order to realize an immediate
short-term profit or increase in stock value.
(4) Between April 3, 1975, and January 31, 1996, the
relocation of manufacturing operations resulted in over
4,500,000 workers seeking adjustment assistance for workers
under chapter 2 of title II of the Trade Act of 1974. Because
many displaced workers did not seek assistance, this figure is
far below the actual number of workers displaced.
(5) A higher priority should be given to preserving
American jobs and adding fairness to the Federal tax system by
closing loopholes and eliminating unnecessary expenditures,
thus providing additional funds to assist in balancing the
Federal budget by 2002 while maintaining Medicare and Medicaid
at acceptable levels.
SEC. 3. REDUCTION OF TAX BENEFITS FOR PROFITABLE LARGE CORPORATIONS
WHICH REDUCE WORKFORCE.
(a) In General.--Subchapter C of chapter 1 of the Internal Revenue
Code of 1986 (relating to corporate distributions and adjustments) is
amended by adding at the end the following new part:
``PART VII--REDUCTION OF TAX BENEFITS FOR PROFITABLE LARGE CORPORATIONS
WHICH REDUCE WORKFORCE
``Sec. 386. Reduction of tax benefits for
profitable large corporations
which reduce workforce.
``SEC. 386. REDUCTION OF TAX BENEFITS FOR PROFITABLE LARGE CORPORATIONS
WHICH REDUCE WORKFORCE.
``(a) In General.--For any taxable year, if any profitable large
corporation reduces by 15 percent or more the number of employees who
perform any task or function at any facility in the United States, the
amount of each facility-related tax benefit shall be reduced by 50
percent.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Facility-related tax benefit.--
``(A) In general.--The term `facility-related tax
benefit' means--
``(i) any tax benefit to the extent
attributable to a facility described in
subsection (a), or
``(ii) to the extent that a tax benefit is
not attributable to any facility, a pro rata
portion of such tax benefit (as determined
under regulations prescribed by the Secretary).
``(B) Exception.--Such term shall not include--
``(i) any deduction under section 127 or
129 or any other deduction for the cost of
employee health care, child care, job training,
or retraining, or
``(ii) any other tax benefit (other than
wages) which the Secretary determines by
regulation to be a tax benefit for costs
incurred primarily for the benefit of employees
rather than the employer.
``(2) Large corporation.--The term `large corporation'
means a corporation or partnership which is not a small-
business concern (within the meaning of section 3 of the Small
Business Act, as in effect on the date of the enactment of this
section).
``(3) Profitable.--Any large corporation shall be treated
as profitable, for any taxable year, if the sum of taxable
income (if any) for the 5-taxable-year period ending with the
preceding taxable year (or, if shorter, the period consisting
of all preceding taxable years of such large corporation)
equals or exceeds the sum of the net operating losses (if any)
attributable to such period.
``(4) Related persons.--
``(A) In general.--All related persons shall be
treated as one person.
``(B) Related persons defined.--The term `related
persons' means--
``(i) persons bearing a relationship
described in section 267 or 707(b), and
``(ii) persons treated as a single employer
under subsection (a) or (b) of section 52.
``(5) Tax benefit.--The term `tax benefit' means a credit,
deduction, or exclusion allowable under this title.''
(b) Transmission of Data by Secretary of Labor.--The Secretary of
Labor shall transmit to the Secretary of the Treasury, not less than
annually, a list of corporations and partnerships described in section
386(a) of the Internal Revenue Code of 1986 (as added by this section).
(c) Clerical Amendment.--The table of parts for subchapter C of
chapter 1 of such Code is amended by adding at the end the following
new item:
``Part VII. Reduction of tax benefits for
profitable large corporations
which reduce workforce.''
(d) Effective Date.--This section and the amendments made by this
section shall apply to taxable years beginning after December 31, 1996.
SEC. 4. ACCELERATION OF LOANS MADE BY CERTAIN GOVERNMENT ENTITIES AS
PENALTY AGAINST PROFITABLE LARGE CORPORATIONS WHICH
REDUCE WORKFORCE.
(a) OPIC Loans.--Section 235 of the Foreign Assistance Act of 1961
(22 U.S.C. 2195) is amended by adding at the end the following:
``(g) Limitations on Assistance to Profitable Large Corporations
That Reduce Workforce.--
``(1) In general.--If a facility-related tax benefit of an
entity for a taxable year is reduced by reason of section
386(a) of the Internal Revenue Code of 1986, then--
``(A) the entity shall immediately repay to the
Corporation the amount of any loan made by the
Corporation to the entity under section 234;
``(B) any insurance policy provided by the
Corporation to the entity under such section is
rescinded; and
``(C) until the Secretary of the Treasury
determines that the activity on the basis of which the
facility-related tax benefit of the entity was so
reduced has ceased, the Corporation may not, during the
immediately succeeding taxable year of the entity,
extend credit, participate in an extension of credit,
or provide any insurance, directly to the entity under
such section.
``(2) Effect of failure to repay loan.--Interest shall
accrue on any amount required by paragraph (1)(A) to be repaid
to the Corporation at a rate of 10 percent per month.''.
(b) Export-Import Bank Loans.--Section 2 of the Export-Import Bank
Act of 1945 (12 U.S.C. 635) is amended by adding at the end the
following:
``(f) Limitations on Assistance to Profitable Large Corporations
That Reduce Workforce.--
``(1) In general.--If a facility-related tax benefit of an
entity for a taxable year is reduced by reason of section
386(a) of the Internal Revenue Code of 1986, then--
``(A) the entity shall immediately repay to the
Bank the amount of any loan made by the Bank to the
entity;
``(B) any insurance policy provided by the Bank to
the entity is rescinded; and
``(C) until the Secretary of the Treasury
determines that the activity on the basis of which the
facility-related tax benefit of the entity was so
reduced has ceased, the Bank may not, during the
immediately succeeding taxable year of the entity,
extend credit, participate in an extension of credit,
or provide any insurance, directly to the entity.
``(2) Effect of failure to repay loan.--Interest shall
accrue on any amount required by paragraph (1)(A) to be repaid
to the Bank at a rate of 10 percent per month.''. | Corporate Welfare Reduction and Job Preservation Act of 1996 - Amends the Internal Revenue Code to provide that if any profitable large corporation reduces by 15 percent or more the number of employees who perform any task or function at any facility in the United States, the amount of each facility-related tax benefit shall be reduced by 50 percent. Amends the Foreign Assistance Act of 1961 and the Export-Import Bank Act of 1945 to require, if a facility-related tax benefit of an entity is reduced, the acceleration of the repayment of any loan and the termination of any insurance policy provided by certain Government entities. | Corporate Welfare Reduction and Job Preservation Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Part D Equity for Low-Income Seniors
Act of 2007''.
SEC. 2. EXPEDITING LOW-INCOME SUBSIDIES UNDER THE MEDICARE PRESCRIPTION
DRUG PROGRAM.
(a) In General.--Section 1860D-14 of the Social Security Act (42
U.S.C. 1395w-114) is amended by adding at the end the following new
subsection:
``(e) Expedited Application and Eligibility Process.--
``(1) Expedited process.--
``(A) In general.--The Commissioner of Social
Security shall provide for an expedited process under
this subsection for the qualification for low-income
assistance under this section through a request to the
Secretary of the Treasury as provided in subparagraph
(B) for information described in section 6103(l)(21) of
the Internal Revenue Code of 1986. Such process shall
be conducted in cooperation with the Secretary.
``(B) Currently eligible individuals.--The
Commissioner of Social Security shall, as soon as
practicable after implementation of subparagraph (A),
screen such individual for eligibility for the low-
income subsidy provided under this section through such
a request to the Secretary of the Treasury.
``(2) Notification of potentially eligible individuals.--
Under such process, in the case of each individual identified
under paragraph (1) who has not otherwise applied for, or been
determined eligible for, benefits under this section (or who
has applied for and been determined ineligible for such
benefits based only on excess resources), the Commissioner of
Social Security shall send a notification that the individual
is likely eligible for low-income subsidies under this section.
Such notification shall include the following:
``(A) Application information.--Information on how
to apply for such low-income subsidies.
``(B) Description of the lis benefit.--A
description of the low-income subsidies available under
this section.
``(C) Information on state health insurance
programs.--Information on--
``(i) the State Health Insurance Assistance
Program for the State in which the individual
is located; and
``(ii) how the individual may contact such
Program in order to obtain assistance regarding
enrollment and benefits under this part.
``(D) Attestation.--An application form that
provides for a signed attestation, under penalty of
law, as to the amount of income and assets of the
individual and constitutes an application for the low-
income subsidies under this section. Such form--
``(i) shall not require the submittal of
additional documentation regarding income or
assets;
``(ii) shall permit the appointment of a
personal representative described in paragraph
(4); and
``(iii) shall allow for the specification
of a language (other than English) that is
preferred by the individual for subsequent
communications with respect to the individual
under this part.
If a State is doing its own outreach to low-income seniors
regarding enrollment and low-income subsidies under this part,
such process shall be coordinated with the State's outreach
effort.
``(3) Hold-harmless.--Under such process, if an individual
in good faith and in the absence of fraud executes an
attestation described in paragraph (2)(D) and is provided low-
income subsidies under this section on the basis of such
attestation, if the individual is subsequently found not
eligible for such subsidies, there shall be no recovery made
against the individual because of such subsidies improperly
paid.
``(4) Use of authorized representative.--Under such
process, with proper authorization (which may be part of the
attestation form described in paragraph (2)(D)), an individual
may authorize another individual to act as the individual's
personal representative with respect to communications under
this part and the enrollment of the individual under a
prescription drug plan (or MA-PD plan) and for low-income
subsidies under this section.
``(5) Use of preferred language in subsequent
communications.--In the case an attestation described in
paragraph (2)(D) is completed and in which a language other
than English is specified under clause (iii) of such paragraph,
the Commissioner of Social Security shall provide that
subsequent communications to the individual under this part
shall be in such language.
``(6) Construction.--Nothing in this subsection shall be
construed as precluding the Commissioner of Social Security or
the Secretary from taking additional outreach efforts to enroll
eligible individuals under this part and to provide low-income
subsidies to eligible individuals.''.
(b) Disclosure of Return Information for Purposes of Determining
Individuals Eligible for Subsidies Under Medicare Part D.--
(1) In general.--Subsection (l) of section 6103 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(21) Disclosure of return information to carry out
medicare part d subsidies.--
``(A) In general.--The Secretary shall, upon
written request from the Commissioner of Social
Security under section 1860D-14(e)(1) of the Social
Security Act, disclose to officers and employees of the
Social Security Administration return information of a
taxpayer who (according to the records of the
Secretary) may be eligible for a subsidy under section
1860D-14 of the Social Security Act. Such return
information shall be limited to--
``(i) taxpayer identity information with
respect to such taxpayer,
``(ii) the filing status of such taxpayer,
``(iii) the gross income of such taxpayer,
``(iv) such other information relating to
the liability of the taxpayer as is prescribed
by the Secretary by regulation as might
indicate the eligibility of such taxpayer for a
subsidy under section 1860D-14 of the Social
Security Act, and
``(v) the taxable year with respect to
which the preceding information relates.
``(B) Restriction on use of disclosed
information.--Return information disclosed under this
paragraph may be used by officers and employees of the
Social Security Administration only for the purposes of
identifying eligible individuals for, and, if
applicable, administering--
``(i) low-income subsidies under section
1860D-14 of the Social Security Act, and
``(ii) the Medicare Savings Program
implemented under clauses (i), (iii), and (iv)
of section 1902(a)(10)(E) of such Act.
``(C) Termination.--Return information may not be
disclosed under this paragraph after the date that is
one year after the date of the enactment of this
paragraph.''.
(2) Conforming amendments.--Paragraph (4) of section
6103(p) of the Internal Revenue Code of 1986 is amended--
(A) by striking ``(14) or (17)'' in the matter
preceding subparagraph (A) and inserting ``(14), (17),
or (21)''; and
(B) by striking ``(15) or (17)'' in subparagraph
(F)(ii) and inserting ``(15), (17), or (21)''.
SEC. 3. MODIFICATION OF RESOURCE STANDARDS FOR DETERMINATION OF
ELIGIBILITY FOR LOW-INCOME SUBSIDY.
(a) Increasing the Alternative Resource Standard.--Section 1860D-
14(a)(3)(E)(i) of the Social Security Act (42 U.S.C. 1395w-
114(a)(3)(E)(i)) is amended--
(1) in subclause (I), by striking ``and'' at the end;
(2) in subclause (II)--
(A) by striking ``a subsequent year'' and inserting
``2007'';
(B) by striking ``in this subclause (or subclause
(I)) for the previous year'' and inserting ``in
subclause (I) for 2006'';
(C) by striking the period at the end and inserting
a semicolon; and
(D) by inserting before the flush sentence at the
end the following new subclauses:
``(III) for 2008, $27,500 (or
$55,000 in the case of the combined
value of the individual's assets or
resources and the assets or resources
of the individual's spouse); and
``(IV) for a subsequent year the
dollar amounts specified in this
subclause (or subclause (III)) for the
previous year increased by the annual
percentage increase in the consumer
price index (all items; U.S. city
average) as of September of such
previous year.''; and
(3) in the flush sentence at the end, by inserting ``or
(IV)'' after ``subclause (II)''.
(b) Exemptions From Resources.--Section 1860D-14(a)(3) of the
Social Security Act (42 U.S.C. 1395w-114(a)(3)) is amended--
(1) in subparagraph (D), in the matter preceding clause
(i), by inserting ``subject to the additional exclusions
provided under subparagraph (G)'' before ``)'';
(2) in subparagraph (E)(i), in the matter preceding
subclause (I), by inserting ``subject to the additional
exclusions provided under subparagraph (G)'' before ``)''; and
(3) by adding at the end the following new subparagraph:
``(G) Additional exclusions.--In determining the
resources of an individual (and their eligible spouse,
if any) under section 1613 for purposes of
subparagraphs (D) and (E) the following additional
exclusions shall apply:
``(i) Life insurance policy.--No part of
the value of any life insurance policy shall be
taken into account.
``(ii) In-kind contributions.--No in-kind
contribution shall be taken into account.
``(iii) Pension or retirement plan.--No
balance in any pension or retirement plan shall
be taken into account.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act.
SEC. 4. INDEXING DEDUCTIBLE AND COST-SHARING ABOVE ANNUAL OUT-OF-POCKET
THRESHOLD FOR INDIVIDUALS WITH INCOME BELOW 150 PERCENT
OF POVERTY LINE.
(a) Indexing Deductible.--Section 1860D-14(a)(4)(B) of the Social
Security Act (42 U.S.C. 1395w-114(a)(4)(B)) is amended--
(1) in clause (i), by striking ``or'';
(2) in clause (ii)--
(A) by striking ``a subsequent year'' and inserting
``2008'';
(B) by striking ``this clause (or clause (i)) for
the previous year'' and inserting ``clause (i) for
2007''; and
(C) by striking ``involved.'' and inserting
``involved; and'';
(3) by adding after clause (ii) the following new clause:
``(iii) for 2008 and each succeeding year,
the amount determined under this subparagraph
for the previous year increased by the annual
percentage increase in the consumer price index
(all items; U.S. city average) as of September
of such previous year.''; and
(4) in the flush sentence at the end, by striking ``clause
(i) or (ii)'' and inserting ``clause (i), (ii), or (iii)''.
(b) Indexing Cost-Sharing.--Section 1860D-14(a) of the Social
Security Act (42 U.S.C. 1395w-114(a)) is amended-
(1) in paragraph (1)(D)(iii), by striking ``exceed the
copayment amount'' and all that follows through the period at
the end and inserting ``exceed--
``(I) for 2006 and 2007, the
copayment amount specified under
section 1860D-2(b)(4)(A)(i)(I) for the
drug and year involved; and
``(II) for 2008 and each succeeding
year, the amount determined under this
subparagraph for the previous year
increased by the annual percentage
increase in the consumer price index
(all items; U.S. city average) as of
September of such previous year.''; and
(2) in paragraph (2)(E), by striking ``exceed the copayment
or coinsurance amount'' and all that follows through the period
at the end and inserting ``exceed--
``(i) for 2006 and 2007, the copayment or
coinsurance amount specified under section
1860D-2(b)(4)(A)(i)(I) for the drug and year
involved; and
``(ii) for 2008 and each succeeding year,
the amount determined under this clause for the
previous year increased by the annual
percentage increase in the consumer price index
(all items; U.S. city average) as of September
of such previous year.''.
SEC. 5. NO IMPACT ON ELIGIBILITY FOR BENEFITS UNDER OTHER PROGRAMS.
(a) In General.--Section 1860D-14(a)(3) of the Social Security Act
(42 U.S.C. 1395w-114(a)(3)), as amended by section 3(c)(3), is
amended--
(1) in subparagraph (A), in the matter preceding clause
(i), by striking ``subparagraph (F)'' and inserting
``subparagraphs (F) and (H)''; and
(2) by adding at the end the following new subparagraph:
``(H) No impact on eligibility for benefits under
other programs.--The availability of premium and cost-
sharing subsidies under this section shall not be
treated as benefits or otherwise taken into account in
determining an individual's eligibility for, or the
amount of benefits under, any other Federal program.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act. | Part D Equity for Low-Income Seniors Act of 2007 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to direct the Commissioner of Social Security to provide for an expedited process for the qualification for low-income assistance through a request to the Secretary of the Treasury for tax return and other information.
Increases the alternative resource standard for determination of eligibility for a low-income subsidy for 2008, indexed for inflation for succeeding years.
Requires indexing of deductibles and cost-sharing above the annual out-of-pocket threshold for individuals with income below 150% of the poverty line. | A bill to amend title XVIII of the Social Security Act to expedite the application and eligibility process for low-income subsidies under the Medicare prescription drug program and to revise the resource standards used to determine eligibility for an income-related subsidy, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Environmental Improvement
Facilitation Act''.
SEC. 2. USE OF FEDERAL WATER POLLUTION CONTROL ACT CIVIL PENALTIES TO
FUND COMMUNITY ENVIRONMENTAL PROJECTS.
Section 309 of the Federal Water Pollution Control Act (33 U.S.C.
1319) is amended by adding at the end the following:
``(h) Use of Civil Penalties To Fund Community Environmental
Projects.--
``(1) Election.--Notwithstanding any other provision of
this Act or any other law, in the case of a civil or
administrative penalty assessed against an individual,
corporation, partnership, or association (referred to in this
subsection as a `private person') under this Act, the private
person may elect to--
``(A) pay the amount of the penalty to the Treasury
of the United States for deposit into the special
account described in section 3113(d) of title 31,
United States Code, for payment of public debt
obligations; or
``(B)(i) pay an amount not to exceed $500,000 of
the penalty to carry out a community environmental
project through an agreement entered into in accordance
with paragraph (2); and
``(ii) pay the remaining amount of the penalty in
accordance with subparagraph (A).
``(2) Agreements to carry out community environmental
projects.--
``(A) In general.--If a private person makes the
election described in paragraph (1)(B), the private
person, after consultation with and obtaining the
concurrence of the State and each political subdivision
of the State within the jurisdiction of which the
violation that resulted in the penalty occurred, shall
enter into an agreement with the parties described in
subparagraph (B) to pay the amount described in
paragraph (1)(B)(i) to an appropriate person in order
that the person may carry out 1 or more environmental
projects described in subparagraph (C). A separate
agreement shall be entered into with respect to each
penalty for which an election is made as described in
paragraph (1)(B).
``(B) Parties.--The parties to an agreement
referred to in subparagraph (A) shall be the private
person, the Administrator, and each person that is to
carry out the environmental project.
``(C) Environmental projects.--An environmental
project referred to in subparagraph (A)--
``(i) shall be described in the agreement,
which description shall include the type and
scope of the project and the time period in
which the project is to be carried out;
``(ii) shall be carried out within a city
or county in which the violation occurred;
``(iii) shall bear a relationship to the
nature of the violation;
``(iv) may not be inconsistent with any
Federal or State law;
``(v) may not duplicate an activity or
project for which Congress has specifically
appropriated funds; and
``(vi) may not consist of--
``(I) a monetary contribution to
environmental research conducted at a
college or university;
``(II) a study or assessment
(including a pollution prevention
assessment, a site assessment, an
environmental management system audit,
or a compliance audit) without a
commitment by a party to the agreement
or by another person or Federal entity
to implement the results of the study
or assessment; or
``(III) a project that is being
funded through a low-interest Federal
loan, a Federal contract, or a Federal
grant.
``(D) Oversight.--
``(i) In general.--The Administrator shall
ensure that an environmental project that is
the subject of an agreement entered into under
this subsection is carried out in accordance
with the terms of the agreement.
``(ii) Enforcement.--If the Administrator
determines that a private person that elected
under paragraph (1)(B) to enter into an
agreement fails to carry out the environmental
project in accordance with the agreement, the
Administrator may terminate the agreement and
require the private person to pay all or part
of the penalty amount described in paragraph
(1)(B)(i) as if no election had been made.''. | Local Environmental Improvement Facilitation Act - Amends the Federal Water Pollution Control Act to provide that, in the case of a civil or administrative penalty assessed against an individual, corporation, partnership, or association (private person), the private person may elect to pay: (1) the amount of the penalty to the Treasury for deposit into a special account for payment of public debt obligations; or (2) an amount not to exceed $500,000 of the penalty to carry out a community environmental project in accordance with this Act, with the remainder to be paid into the Treasury's special account.
Requires a private person who makes the latter election, after consulting with and obtaining the concurrence of the State and each political subdivision of the State within which the violation occurred, to enter into an agreement to pay the prescribed amount to an appropriate person to carry out one or more environmental projects. Requires a separate agreement to be entered into with respect to each penalty for which an election is made.
Sets forth provisions regarding: (1) suitable environmental projects; and (2) oversight. | Local Environmental Improvement Facilitation Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Equity and Access under the
Law for Immigrant Women and Families Act of 2014'' or as the ``HEAL
Immigrant Women and Families Act of 2014''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Insurance coverage reduces harmful health disparities
by alleviating cost barriers to and increasing utilization of
basic preventive health services, especially among low-income
and underserved populations, and especially among women.
(2) Based solely on their immigration status, many
immigrants and their families face legal restrictions on their
ability to obtain health insurance coverage through Medicaid,
CHIP, and Health Insurance Exchanges.
(3) Lack of health insurance contributes to persistent
disparities in the prevention, diagnosis, and treatment of
negative health outcomes borne by immigrants and their
families.
(4) Immigrant women are disproportionately of reproductive
age, low-income, and lacking health insurance coverage. Legal
barriers to affordable health insurance coverage therefore
particularly exacerbate their risk of negative sexual,
reproductive, and maternal health outcomes, with lasting health
and economic consequences for immigrant women, their families,
and society as a whole.
(5) Denying coverage or imposing waiting periods for
coverage unfairly hinders the ability of immigrants to take
responsibility for their own health and economic well-being and
that of their families. To fully and productively participate
in society, access to health care is fundamental, which for
women includes access to the services necessary to plan whether
and when to have a child.
(6) The population of immigrant families in the United
States is expected to continue to grow. Indeed one in five
children in the United States is part of an immigrant family.
It is therefore in the nation's shared public health and
economic interest to remove legal barriers to affordable health
insurance coverage based on immigration status.
SEC. 3. REMOVING BARRIERS TO HEALTH COVERAGE FOR LAWFULLY PRESENT
INDIVIDUALS.
(a) Medicaid.--Section 1903(v)(4) of the Social Security Act (42
U.S.C. 1396b(v)(4)) is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) Notwithstanding sections 401(a), 402(b), 403, and 421 of the
Personal Responsibility and Work Opportunity Reconciliation Act of
1996, payment shall be made under this section for care and services
that are furnished to aliens, including those described in paragraph
(1), if they otherwise meet the eligibility requirements for medical
assistance under the State plan approved under this title (other than
the requirement of the receipt of aid or assistance under title IV,
supplemental security income benefits under title XVI, or a State
supplementary payment), and are lawfully present in the United
States.'';
(2) in subparagraph (B)--
(A) by striking ``a State that has elected to
provide medical assistance to a category of aliens
under subparagraph (A)'' and inserting ``aliens
provided medical assistance pursuant to subparagraph
(A)''; and
(B) by striking ``to such category'' and inserting
``to such alien''; and
(3) in subparagraph (C)--
(A) by striking ``an election by the State under
subparagraph (A)'' and inserting ``the application of
subparagraph (A)'';
(B) by inserting ``or be lawfully present'' after
``lawfully reside''; and
(C) by inserting ``or present'' after ``lawfully
residing'' each place it appears.
(b) CHIP.--Subparagraph (J) of section 2107(e)(1) of the Social
Security Act (42 U.S.C. 1397gg(e)(1)) is amended to read as follows:
``(J) Paragraph (4) of section 1903(v) (relating to
lawfully present individuals).''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date
of the enactment of this Act and shall apply to services
furnished on or after the date that is 90 days after such date
of the enactment.
(2) Exception if state legislation required.--In the case
of a State plan for medical assistance under title XIX, or a
State child health plan under title XXI, of the Social Security
Act which the Secretary of Health and Human Services determines
requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the
additional requirements imposed by the amendments made by this
section, the respective State plan shall not be regarded as
failing to comply with the requirements of such title solely on
the basis of its failure to meet these additional requirements
before the first day of the first calendar quarter beginning
after the close of the first regular session of the State
legislature that begins after the date of the enactment of this
Act. For purposes of the previous sentence, in the case of a
State that has a 2-year legislative session, each year of such
session shall be deemed to be a separate regular session of the
State legislature.
SEC. 4. REMOVING BARRIERS TO HEALTH COVERAGE FOR INDIVIDUALS GRANTED
DEFERRED ACTION FOR CHILDHOOD ARRIVALS.
(a) In General.--For the purposes of eligibility under any of the
provisions referred to in subsection (b), individuals granted deferred
action under the Deferred Action for Childhood Arrivals process of the
Department of Homeland Security, as described in the memorandum of the
Secretary of Homeland Security on June 15, 2012, shall be considered
lawfully present in the United States.
(b) Provisions Described.--The provisions described in this
subsection are the following:
(1) Exchange eligibility.--Section 1311 of the Patient
Protection and Affordable Care Act (42 U.S.C. 18031).
(2) Reduced cost-sharing eligibility.--Section 1402 of the
Patient Protection and Affordable Care Act (42 U.S.C. 18071).
(3) Premium subsidy eligibility.--Section 36B of the
Internal Revenue Code of 1986.
(4) Medicaid and chip eligibility.--Titles XIX and XXI of
the Social Security Act, including under section 1903(v) of
such Act (42 U.S.C. 1396b(v)).
(c) Effective Date.--
(1) In general.--Subsection (a) shall take effect on the
date of the enactment of this Act.
(2) Transition through special enrollment period.--In the
case of an individual described in subsection (a) who, before
the first day of the first annual open enrollment period under
subparagraph (B) of section 1311(c)(6) of the Patient
Protection and Affordable Care Act (42 U.S.C. 18031(c)(6))
beginning after the date of the enactment of this Act, is
granted deferred action described in subsection (a) and who, as
a result of such subsection, qualifies for a subsidy described
in paragraph (2) or (3) of such subsection, the Secretary of
Health and Human Services shall establish a special enrollment
period under section 1311(c)(6)(C) of such Act during which
such individual may enroll in qualified health plans through
Exchanges under title I of such Act and qualify for such a
subsidy. For such an individual who has been granted deferred
action as of the date of the enactment of this Act, such
special enrollment period shall begin not later than 90 days
after such date of enactment. Nothing in this paragraph shall
be construed as affecting the authority of the Secretary to
establish additional special enrollment periods under section
1311(c)(6)(C) of the Patient Protection and Affordable Care Act
(42 U.S.C. 18031(c)(6)(C)). | Health Equity and Access under the Law for Immigrant Women and Families Act of 2014 or the HEAL Immigrant Women and Families Act of 2014 - Amends titles XIX (Medicaid) and XXI (Children's Health Insurance) (CHIP) of the Social Security Act to extend Medicaid and CHIP coverage to aliens lawfully present in the United States. Makes individuals granted deferred action under the Deferred Action for Childhood Arrivals process eligible for: (1) health care exchanges and reduced cost sharing under the Patient Protection and Affordable Care Act, (2) premium subsidies under the Internal Revenue Code, and (3) Medicaid and CHIP. | HEAL Immigrant Women and Families Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Diabetes Self-Management Training
Act of 2004''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Diabetes is the fifth leading cause of death in the
United States. Over 18,000,000 Americans (6.2 percent of the
population) currently are living with diabetes, a number that
is estimated to increase to 29,000,000 by the year 2050. In
2002, diabetes accounted for $132,000,000,000 in direct and
indirect health care costs. Diabetes is widely recognized as
one of the top public health threats facing our Nation today.
(2) Diabetes can occur in 2 forms--type 1 diabetes is
caused by the body's inability to produce insulin, a hormone
that allows glucose or sugar to enter and fuel cells and type 2
diabetes, which occurs when the body fails to make enough
insulin or fails to properly use it. People with type 1
diabetes are required to take daily insulin injections to stay
alive. While some people with type 2 diabetes need insulin
shots, others with type 2 diabetes can control their diabetes
through healthy diet, nutrition, and lifestyle changes. Type 2
diabetes accounts for up to 95 percent of all diabetes cases
affecting 8 percent of the population age 20 and older. The
prevalence of type 2 diabetes has tripled in the last 30 years,
with much of that increase due to an upsurge in obesity.
(3) In 2002, the Diabetes Prevention Program study found
that participants (all of whom were at increased risk of
developing type 2 diabetes) who made lifestyle changes reduced
their risk of getting type 2 diabetes by 58 percent.
(4) Diabetes self-management training (DSMT), also called
diabetes education, provides knowledge and skill training to
patients with diabetes, helping them identify barriers,
facilitate problem solving, and develop coping skills to
effectively manage their diabetes. Unlike many other diseases,
diabetes requires constant vigilance on the part of the patient
and demands far more than just taking pills or insulin shots. A
certified diabetes educator is a health care professional--
often a nurse, dietitian, or pharmacist, who specializes in
helping people with diabetes develop the self-management skills
needed to stay healthy and avoid costly acute complications and
emergency care, as well as debilitating secondary conditions
caused by diabetes.
(5) There are currently over 20,000 diabetes educators in
the United States, most of whom are certified diabetes
educators (CDEs) credentialed by the National Certification
Board for Diabetes Educators (NCBDE). To earn a CDE
designation, a health care professional must be licensed or
registered, or have received an advanced degree in a relevant
public health concentration, have professional practice
experience and have met minimum hours requirements in diabetes
self-management training, and have met certification and
recertification requirements. Many other health care
professionals that are able to bill for diabetes education
through the medicare program have far less experience or
ability to provide the skilled expertise to help people with
diabetes self-manage the disease.
(6) CDEs represent the only group of health care
professionals who provide diabetes self-management training
that have not been recognized as health care providers and are
therefore precluded from directly billing the medicare program
for DSMT. Adding CDEs as providers to that program would give
diabetes patients access to the care they need.
SEC. 3. RECOGNITION OF CERTIFIED DIABETES EDUCATORS AS MEDICARE
PROVIDERS FOR PURPOSES OF DIABETES OUTPATIENT SELF-
MANAGEMENT TRAINING SERVICES.
(a) In General.--Section 1861(qq) of the Social Security Act (42
U.S.C. 1395x(qq)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by inserting ``and
includes a certified diabetes educator (as defined in
paragraph (3)) who is credentialed by a nationally
recognized certifying body for diabetes educators and
who provides services within a diabetes self-management
training program that is lawfully operated under all
applicable Federal, State, and local laws and
regulations'' before the semicolon at the end; and
(B) in subparagraph (B), by inserting before the
period at the end the following: ``or is a certified
diabetes educator (as so defined) who is credentialed
by a nationally recognized certifying body for diabetes
educators and who provides services within a diabetes
self-management training program that is lawfully
operated under all applicable Federal, State, and local
laws and regulations''; and
(2) by adding at the end the following:
``(3) For purposes of paragraph (2), the term `certified diabetes
educator' means an individual who--
``(A) is a health care professional who specializes in
helping individuals with diabetes develop the self-management
skills needed to overcome the daily challenges and problems
caused by the disease;
``(B) has an advanced degree in a relevant public health
concentration or is a licensed or registered health care
professional, has met eligibility requirements for initial
certification, including meeting the minimum requirements for
professional practice experience and hours for diabetes self-
management, and has passed a certification exam approved by a
nationally recognized certifying body for diabetes educators;
and
``(C) has periodically renewed certification status
following initial certification.''.
(b) GAO Study and Report.--
(1) Study.--The Comptroller General of the United States
shall conduct a study to identify the barriers that exist for
individuals with diabetes in accessing diabetes self-management
training, including economic and geographic barriers and
availability of appropriate referrals and access to adequate,
qualified providers.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit a report to Congress regarding the study
conducted under paragraph (2).
(c) Effective Date.--The amendments made by subsection (a) shall
apply to diabetes outpatient self-management training services
furnished on or after the date that is 6 months after the date of
enactment of this Act. | Diabetes Self-Management Training Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act to provide for recognition of certified diabetes educators as Medicare providers by a nationally recognized certifying body for diabetes educators for purposes of diabetes outpatient self-management training services. | A bill to amend title XVIII of the Social Security Act to improve access to diabetes self-management training by designating certified diabetes educators recognized by the National Certification Board of Diabetes Educators as certified providers for purposes of outpatient diabetes education services under part B of the medicare program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Leaders Enhancement Act''.
SEC. 2. SENSE OF CONGRESS ON DIVERSITY IN MILITARY LEADERSHIP.
(a) Definition of Diversity.--It is the sense of Congress that the
Secretary of Defense and the Secretary of Homeland Security (in the
case of the Coast Guard) should develop a uniform definition of
diversity that--
(1) encompasses all the different characteristics and
attributes of members of the Armed Forces; and
(2) is consistent with the core values of the Armed Forces,
integral to overall readiness and mission accomplishment, and
reflective of the diverse population of the United States.
(b) Diversity as a National Security Issue.--It is the sense of
Congress that--
(1) diversity is a national security issue and a force
multiplier for the Armed Forces and the United States;
(2) diversity within the Armed Forces is vitally important,
not only with respect to promoting innovation and creativity,
but also with respect to developing a more inclusive workforce
for a fair and just America;
(3) diversity is a necessity to mission readiness and
excellence;
(4) attracting and employing a diverse and talented team of
officers and senior enlisted personnel ultimately enables the
Armed Forces to better perform their national security missions
and, in the case of the Coast Guard, its essential regulatory
missions; and
(5) in preparing the Nation for future national security
needs, it is important to identify regional and cultural
expertise, relevant reserve component civilian expertise, and
language expertise upon military accession and throughout the
careers of members of the Armed Forces in order to better
manage personnel with mission critical skill sets and to
leverage that expertise in service to the United States.
SEC. 3. DIVERSITY IN MILITARY LEADERSHIP AND RELATED REPORTING
REQUIREMENTS.
(a) Plan To Achieve Military Leadership Reflecting Diversity of
United States Population.--
(1) In general.--Chapter 37 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 656. Diversity in military leadership: plan
``(a) Plan.--The Secretary of Defense (and the Secretary of
Homeland Security in the case of the Coast Guard) shall prepare and
implement a plan to achieve, between 2031 and 2041, a dynamic,
sustainable level of members of the armed forces (including reserve
components thereof) that, among both commissioned officers and senior
enlisted personnel of each armed force, will reflect the diverse
population of the United States eligible to serve in the armed forces,
including gender specific, racial, or ethnic populations and
diversified language and cultural skills so as to preserve and enhance
the all-volunteer force.
``(b) Metrics To Measure Progress in Developing and Implementing
Plan.--The Secretary of Defense (and the Secretary of Homeland Security
in the case of the Coast Guard) shall develop a standard set of metrics
and collection procedures that are uniform across the armed forces,
including reserve components thereof, in furtherance of developing and
implementing the plan established under subsection (a). The metrics
required by this subsection shall be designed--
``(1) to accurately capture the inclusion and capability
aspects of the armed forces broader diversity plans; and
``(2) to be verifiable and systematically linked to
strategic plans that will drive improvements.
``(c) Consultation.--Not less than biannually, the Secretary of
Defense and the Secretary of Homeland Security shall meet with the
Secretaries of the military departments, the Joint Chiefs of Staff, the
Commandant of the Coast Guard, and senior enlisted members of the armed
forces to discuss the progress being made toward developing and
implementing the plan established under subsection (a).
``(d) Cooperation With States.--The Secretary of Defense shall
coordinate with the National Guard Bureau and States in tracking the
progress of the National Guard toward developing and implementing the
plan established under subsection (a).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``656. Diversity in military leadership: plan.''.
(b) Reporting Requirements.--
(1) Inclusion in dod manpower requirements report.--Section
115a(c) of such title is amended by adding at the end the
following new paragraph:
``(4) The progress made in implementing the plan required
by section 656 of this title to achieve a dynamic, sustainable
armed forces that has a membership that will, among both
commissioned officers and senior enlisted personnel of each
armed force, including reserve components thereof, reflect the
diverse population of the United States eligible to serve in
the armed forces while still being able to--
``(A) prevail in any war, prevent and deter any
conflict, defeat any adversary, and succeed in a wide
range of contingencies; and
``(B) preserve and enhance the all-volunteer force.
``(5) The available pool of qualified candidates for the
general officer grades of general and lieutenant general and
the flag officer grades of admiral and vice admiral, including
an assessment of the qualified racial or ethnic minority and
female candidates.''.
(2) Coast guard report.--
(A) Annual report required.--The Secretary of
Homeland Security shall prepare an annual report
addressing diversity among commissioned officers of the
Coast Guard and Coast Guard Reserve and among enlisted
personnel of the Coast Guard and Coast Guard Reserve in
the pay grades E-7 through E-9. The report shall
include an assessment of the available pool of
qualified candidates for the flag officer grades of
admiral and vice admiral, including an assessment of
the qualified racial or ethnic minority and female
candidates.
(B) Submission.--The report shall be submitted each
year not later than 45 days after the date on which the
President submits to Congress the budget for the next
fiscal year under section 1105 of title 31, United
States Code. Each report shall be submitted to the
President, the Committee on Armed Services, the
Committee on Transportation and Infrastructure, and the
Committee on Homeland Security of the House of
Representatives, and the Committee on Armed Services
and the Committee on Commerce, Science, and
Transportation of the Senate. | Military Leaders Enhancement Act - Directs Secretary of Defense (DOD) and the Secretary of Homeland Security (DHS) in the case of the Coast Guard to: (1) prepare and implement a plan to achieve, between 2031 and 2041, a dynamic, sustainable level of Armed Forces members (including reserve components) that, among both commissioned officers and senior enlisted personnel of each armed force, reflects the diverse population of the United States eligible to serve in the Armed Forces, including gender specific, racial, or ethnic populations and diversified language and cultural skills; and (2) develop a standard set of metrics and collection procedures, uniform across the Armed Forces, to capture the inclusion and capability aspects of the Armed Forces' broader diversity plans and to verify and systematically link to strategic plans.
Requires: (1) the DOD and DHS Secretaries, at least biannually, to meet with the Secretaries of the military departments, the Joint Chiefs of Staff, the Commandant of the Coast Guard, and senior enlisted members of the Armed Forces to discuss progress on the plan; and (2) the DOD Secretary to coordinate with the National Guard Bureau and states in tracking the National Guard's progress on the plan.
Directs the DOD Secretary to include in its annual defense manpower requirements report to Congress a discussion of: (1) the progress on implementing the plan while still being able to prevail in any war, prevent and deter any conflict, defeat any adversary, succeed in wide ranges of contingencies, and preserve and enhance the all-volunteer force; (2) the available pool of qualified candidates for the general officer grades of general and lieutenant general and the flag officer grades of admiral and vice admiral, including an assessment of the qualified racial or ethnic minority and female candidates.
Directs the DHS Secretary to submit to Congress a related annual report. | To amend title 10, United States Code, to enhance the security of the United States and the readiness of the Armed Forces by increasing diversity within the leadership ranks of the Armed Forces. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Greener Government Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The policies and programs of the Federal Government
should encourage sustainable economic development.
(2) The Federal Government spends substantial sums annually
on the development of new technologies.
(3) The development of environmental technologies can
enhance the economic competitiveness and environmental security
of the United States.
(4) In order to contribute to the achievement of
sustainable economic development and to promote the economic
and environmental security of the United States, environmental
concerns should be incorporated into the technology development
programs of the Federal Government.
SEC. 3. ENVIRONMENTALLY SOUND TECHNOLOGIES IN ONGOING PROGRAMS.
(a) Stevenson-Wydler Amendments.--The Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3701) is amended--
(1) in section 2(2), by inserting ``greater environmental
sustainability,'' after ``employment opportunities,'';
(2) in section 3(1), by inserting ``for sustainable
economic development'' after ``stimulate technology'';
(3) in section 4, by adding at the end the following new
paragraph:
``(14) `Sustainable economic development' means the
integration of environment and economic development concerns
leading to long-term economic development with reduced
pollution and the more efficient use of energy and
materials;'';
(4) in section 6(a), by inserting ``and sustainable
economic development in their regions'' after ``enhance the
competitiveness of American business'';
(5) in section 6(d), by inserting ``and sustainable
economic development of their regions'' after ``enhance the
competitiveness of American businesses'';
(6) in section 7(a), by inserting ``and sustainable
economic development'' after ``enhance technological
innovation'';
(7) in section 7(c)(1), by striking ``economic
competitiveness'' and inserting ``sustainable economic
development'';
(8) in section 9(a), by inserting ``and sustainable
economic development'' after ``enhance technological
innovation''; and
(9) in section 11(c)(1) by inserting ``and would enhance
sustainable economic development'' after ``commercial
applications''.
(b) NIST Amendments.--The National Institute of Standards and
Technology Act (15 U.S.C. 271) is amended--
(1) in section 1(b)(1), by inserting ``sustainable economic
development,'' after ``improved product reliability and
manufacturing processes,'';
(2) in section 1, by adding after subsection (b) the
following new subsection:
``(c) For purposes of the this section, the term `sustainable
economic development' means the integration of environment and economic
development concerns leading to long-term economic development with
reduced pollution and the more efficient use of energy and
materials.''; and
(3) in section 2(b)(1), by inserting ``to enhance
sustainable economic development (as that term is defined in
section 1(c))'' after ``to improve quality,''.
(c) NASA Amendments.--The National Aeronautics and Space Act of
1958 (42 U.S.C. 2451 note) is amended--
(1) in section 102(d)--
(A) by redesignating paragraphs (6), (7), (8), and
(9) as paragraphs (7), (8), (9), and (10),
respectively; and
(B) by inserting after paragraph (5) the following
new paragraph:
``(6) The making available to Federal and non-Federal
entities of the United States, technologies that will enhance
the sustainable economic development of the Nation.''; and
(2) in section 103--
(A) by striking ``; and'' in paragraph (1) and
inserting a semicolon;
(B) by striking the period at the end of paragraph
(2) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(3) the term `sustainable economic development' means the
integration of environment and economic development concerns
leading to long-term economic development with reduced
pollution and the more efficient use of energy and
materials.''.
(d) NSF Amendments.--
(1) Functions.--Section 3(a) of the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.) is amended--
(A) in paragraph (6), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (7), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(8) to foster education and research that would promote
sustainable economic development nationally and
internationally.''.
(2) Definition.--Subsection (g) of section 14 of such Act
is amended to read as follows:
``(g) For purposes of this Act:
``(1) The term `United States' when used in a geographical
sense means the States, the District of Columbia, the
Commonwealth of Puerto Rico, and all territories and
possessions of the United States.
``(2) The term `sustainable economic development' means the
integration of environment and economic development concerns
leading to long-term economic development with reduced
pollution and the more efficient use of energy and
materials.''.
(e) Title 10 Amendments.--
(1) In general.--Section 2501(b) of title 10, United States
Code, is amended by striking ``economic growth'' in paragraphs
(1) and (2) and inserting ``sustainable economic development''.
(2) Definition.--Section 2491 of such title is amended by
adding at the end the following new paragraph:
``(13) The term `sustainable economic development' means
the integration of environment and economic development
concerns leading to long-term economic development with reduced
pollution and the more efficient use of energy and
materials.''.
(f) Title 49 Amendment.--Section 101(b)(4) of title 49, United
States Code, is amended by inserting ``and sustainable economic
development (as defined in section 4(14) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3703(14))'' after
``technological advances''. | Greener Government Act of 1993 - Provides for the incorporation of environmentally sound principles in programs under the Stevenson-Wydler Technology Innovation Act of 1980, the National Institute of Standards and Technology Act, the National Aeronautics and Space Act of 1958, and the National Science Foundation Act of 1950. | Greener Government Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Hearing Loss Detection,
Diagnosis, and Intervention Act of 1997''.
SEC. 2. PURPOSES.
The purposes of this Act are to authorize statewide early
detection, diagnosis, referral, and intervention networks, technical
assistance, a national applied research program, and interagency and
private sector collaboration for policy development, in order to assist
the States in making progress toward the following goals:
(1) All babies born in hospitals in the United States and
its territories should be screened for hearing loss before
leaving the hospital (unless the parents of the children object
to the screening).
(2) Babies who are not born in hospitals should be screened
within the first 3 months of life.
(3) Diagnostic audiologic testing, if indicated, should be
performed in a timely manner to allow appropriate referral for
treatment/intervention before the age of 6 months.
(4) All universal newborn hearing screening programs should
include a component which ensures linkage to diagnosis and the
community system of early intervention services.
(5) Public policy in early hearing detection, diagnosis,
and intervention should be based on applied research and the
recognition that infants, toddlers, and children who are deaf
or hard-of-hearing have unique language, learning, and
communication needs, and should be the result of consultation
with pertinent public and private sectors.
SEC. 3. STATEWIDE EARLY DETECTION, DIAGNOSIS, AND INTERVENTION
NETWORKS.
The Secretary of Health and Human Services (in this Act referred to
as the ``Secretary''), acting through the Administrator of the Health
Resources and Services Administration, shall make awards of grants or
cooperative agreements to develop statewide early detection, diagnosis,
and intervention networks for the following purposes:
(1) To develop State capacity to support newborn hearing
loss detection, diagnosis, and intervention.
(2) To monitor the extent to which hearing detection is
conducted in birthing hospitals throughout the State, and
assist in the development of universal newborn hearing
detection programs in birthing hospitals and nonhospital
birthing sites.
(3) To develop statewide models which ensure effective
screening, referral, and linkage with appropriate diagnostic,
medical, and qualified early intervention services, providers,
and programs within the community.
(4) To collect data on statewide early detection,
diagnosis, and intervention that can be used for applied
research and policy development.
SEC. 4. TECHNICAL ASSISTANCE, DATA MANAGEMENT, AND APPLIED RESEARCH.
(a) Centers for Disease Control and Prevention.--The Secretary,
acting through the Director of the Centers for Disease Control and
Prevention, shall make awards of grants or cooperative agreements to
provide technical assistance to State agencies to complement an
intramural program and to conduct applied research related to infant
hearing detection, diagnosis, and treatment/intervention. The program
shall carry out the following:
(1) Provide technical assistance on data collection and
management.
(2) Develop standardized procedures for data management to
ensure quality monitoring of infant hearing loss detection,
diagnosis, and intervention programs.
(3) Study the costs and effectiveness of hearing detection
conducted by State-based programs in order to answer issues of
importance to national and State policymakers.
(4) Identify the causes and risk factors for congenital
hearing loss that might lead to the development of preventive
interventions.
(5) Study the effectiveness of early hearing detection,
diagnosis, and treatment/intervention programs by assessing the
health, developmental, cognitive, and language status of these
children at school age.
(6) Promote the sharing of data regarding early hearing
loss with State-based birth defects and developmental
disabilities monitoring programs for the purpose of identifying
previously unknown causes of hearing loss.
(b) National Institutes of Health.--The Director of the National
Institutes of Health, acting through the Director of the National
Institute on Deafness and Other Communication Disorders, shall for
purposes of this Act carry out a program of research on the efficacy of
new screening techniques and technology, including clinical trials of
screening methods, studies on efficacy of intervention, and related
basic and applied research.
SEC. 5. COORDINATION AND COLLABORATION.
(a) In General.--In carrying out programs under this Act, the
Administrator of the Health Resources and Services Administration, the
Director of the Centers for Disease Control and Prevention, and the
Director of the National Institutes of Health shall collaborate and
consult with other Federal agencies; State and local agencies
(including those responsible for early intervention services pursuant
to part C of the Individuals with Disabilities Education Act); consumer
groups serving individuals who are deaf and hard-of-hearing; persons
who are deaf and hard-of-hearing and their families; qualified
professional personnel who are proficient in deaf or hard-of-hearing
children's language and who possess the specialized knowledge, skills,
and attributes needed to serve deaf and hard-of-hearing infants,
toddlers, children, and their families; other health and education
professionals and organizations; third-party payers and managed care
organizations; and related commercial industries.
(b) Policy Development.--The Administrator of the Health Resources
and Services Administration, the Director of the Centers for Disease
Control and Prevention, and the Director of the National Institutes of
Health shall coordinate and collaborate on recommendations for policy
development at the Federal and State levels and with the private
sector, including consumer and professional based organizations, with
respect to early hearing detection, diagnosis, and treatment/
intervention.
(c) State Early Detection, Diagnosis, and Intervention Networks;
Data Collection.--The Administrator of the Health Resources and
Services Administration and the Director of the Centers for Disease
Control and Prevention shall coordinate and collaborate in assisting
States to establish early detection, diagnosis, and intervention
networks under section 3 and to develop a data collection system under
section 4.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) Statewide Early Detection, Diagnosis, and Intervention
Networks.--For the purpose of carrying out section 3, there are
authorized to be appropriated $5,000,000 for fiscal year 1999,
$8,000,000 for fiscal year 2000, and such sums as may be necessary for
each of the fiscal years 2001 through 2003.
(b) Technical Assistance, Data Management, and Applied Research.--
(1) Centers for disease control and prevention.--For the
purpose of carrying out section 4(a), there are authorized to
be appropriated $5,000,000 for fiscal year 1999, $7,000,000 for
fiscal year 2000, and such sums as may be necessary for each of
the fiscal years 2001 through 2003.
(2) National institutes of health.--For the purpose of
carrying out section 4(b), there are authorized to be
appropriated $3,000,000 for fiscal year 1999, $4,000,000 for
fiscal year 2000, and such sums as may be necessary for each of
the fiscal years 2001 through 2003. | Early Hearing Loss Detection, Diagnosis, and Intervention Act of 1997 - Mandates grants or cooperative agreements to: (1) develop statewide hearing loss early detection, diagnosis, and intervention networks; and (2) provide technical assistance to State agencies to complement an intramural program and to conduct applied research related to infant hearing detection, diagnosis, and treatment or intervention. Requires the National Institutes of Health to carry out research on the efficacy of new screening techniques and technology. Mandates coordination and collaboration. Authorizes appropriations. | Early Hearing Loss Detection, Diagnosis, and Intervention Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Furthering Access and Networks for
Sports Act'' or the ``FANS Act''.
SEC. 2. DEFINITION.
In this Act, the term ``Sports Broadcasting Act of 1961'' means the
Act of September 30, 1961 (15 U.S.C. 1291 et seq.).
SEC. 3. AMENDMENTS TO THE SPORTS BROADCASTING ACT OF 1961.
(a) Elimination of Antitrust Exemption for Sports Blackouts During
Retransmission Consent Negotiations.--Section 1 of the Sports
Broadcasting Act of 1961 (15 U.S.C. 1291) is amended by adding at the
end the following: ``The antitrust exemption established under this
section shall not apply to any league of clubs participating in
professional football, baseball, basketball, or hockey contests that
does not expressly prohibit sponsored telecast licensees of such
league, and any agreement with any video licensee, from intentionally
removing the live content of such league from a multichannel video
programming distributor (as defined in section 602 of the
Communications Act of 1934 (47 U.S.C. 522)), when such removal occurs
during or is related to a negotiation regarding carriage of the games
of such league by the multichannel video programming distributor.''.
(b) Elimination of Antitrust Exemption for Local Sports
Blackouts.--Section 2 of the Sports Broadcasting Act of 1961 (15 U.S.C.
1292) is amended by striking ``, except within the home territory of a
member club of the league on a day when such club is playing a game at
home''.
(c) Availability of Games Over the Internet Where Not Otherwise
Available on Television.--The Sports Broadcasting Act of 1961 is
amended--
(1) by redesignating sections 4 through 6 as sections 5
through 7, respectively; and
(2) by inserting after section 3 the following:
``Sec. 4.
``(a) The antitrust exemption established under section 1 of this
Act shall not apply to any league of clubs participating in
professional football, baseball, basketball, or hockey contests that
does not make a sponsored telecast of a covered game available to
consumers, for a fee or otherwise, using an Internet platform, in any
territory in which the game is not available for private viewing
through a local television broadcast station or any available
multichannel video programming distributor.
``(b) For purposes of this section--
``(1) the term `covered game' means a game that--
``(A) is played in the home territory of a member
club of a league described in subsection (a); and
``(B) is not available for private viewing through
a local television broadcast station or any available
multichannel video programming distributor;
``(2) the term `multichannel video programming distributor'
has the meaning given the term in section 602 of the
Communications Act of 1934 (47 U.S.C. 522);
``(3) the term `television broadcast station' has the
meaning given the term in section 325(b)(7) of the
Communications Act of 1934 (47 U.S.C. 325(b)(7)); and
``(4) the term `Internet platform' means a delivery
mechanism that uses packet-switched protocol or any successor
technology.''.
SEC. 4. APPLICATION OF THE ANTITRUST LAWS TO PROFESSIONAL MAJOR LEAGUE
BASEBALL.
Section 27 of the Clayton Act (15 U.S.C. 26b) is amended--
(1) in subsection (a)--
(A) by striking ``subsections (b) through (d)'' and
inserting ``subsections (b) and (c)''; and
(B) by striking ``directly relating to or affecting
employment of major league baseball players to play
baseball at the major league level'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``, any conduct, acts, practices or agreements
that do not directly relate to or affect employment of
major league baseball players to play baseball at the
major league level, including but not limited to'';
(B) in paragraph (3)--
(i) by inserting ``or'' before ``franchise
ownership''; and
(ii) by striking ``, the relationship'' and
all that follows through ``collectively'';
(C) by striking paragraph (4); and
(D) by redesignating paragraphs (5) and (6) as
paragraphs (4) and (5), respectively;
(3) by striking subsection (c); and
(4) by redesignating subsection (d) as subsection (c).
SEC. 5. EFFECTIVE DATE; APPLICABILITY.
The amendments made by this Act shall--
(1) take effect on the date of enactment of this Act; and
(2) apply to any contract or agreement entered into or
modified by a league subject to the requirements of the Sports
Broadcasting Act of 1961 on or after the date of enactment of
this Act. | Furthering Access and Networks for Sports Act or the FANS Act - Amends the Sports Broadcasting Act of 1961 to deny the antitrust exemption for joint agreements covering the telecasting of sports contests to any league of clubs participating in professional football, baseball, basketball, or hockey contests that does not: (1) expressly prohibit sponsored telecast licensees of such league, and any agreement with any video licensee, from intentionally removing the live content of such league from a multichannel video programming distributor when such removal occurs during, or is related to a negotiation regarding, carriage of the league's games by such distributor; or (2) make a sponsored telecast of a game that is played in the home territory of a member club available to consumers, using an Internet platform, in any territory in which the game is not available for private viewing through a local television broadcast station or any available multichannel video programming distributor. Repeals the exception that allows the antitrust exemption for such a joint agreement that prohibits televising games within the home territory of a member club on a day when such club is playing at home. Amends the Clayton Act to: (1) subject the conduct, acts, practices, or agreements of persons in the business of organized professional major league baseball (currently, only such conduct, acts, practices, or agreements directly relating to or affecting employment of major league baseball players at the major league level) to the antitrust laws to the same extent that such conduct, acts, practices, or agreements engaged in by persons in any other professional sports business affecting interstate commerce are subject to such laws; and (2) repeal provisions granting only a major league baseball player standing to sue. Eliminates provisions specifying that such Act does not create, permit, or imply a cause of action by which to challenge under the antitrust laws: (1) the relationship between the Office of the Commissioner and franchise owners, the marketing or sales of the entertainment product of organized professional baseball, and the licensing of intellectual property rights owned or held by organized professional baseball teams; or (2) any conduct, acts, practices, or agreements protected by the Sports Broadcasting Act of 1961. | FANS Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ambassador's Fund for Strategic
Exchanges Act of 2009''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States has a strategic national interest in
improving its image around the world, given the historically
low levels of public opinion toward the United States in many
countries.
(2) International exchange programs have been proven to be
one of the most beneficial and cost-effective means by which to
promote mutual understanding between citizens of the United
States and citizens of other countries and to advance United
States national interests through closer working partnerships
with leaders around the world.
(3) Prominent world leaders during recent decades, such as
Tony Blair and Anwar Sadat, have deepened their friendship and
openness to the United States through international exchanges,
and many persons who previously had highly anti-American
opinions have changed their views after participating in
exchange programs organized by the United States Government.
(4) United States exchange programs, such as the
International Visitors Program, make a tremendous impact in the
lives of those individuals who participate and consistently are
ranked by public diplomacy experts as some of the most
effective public diplomacy programs.
(5) The International Visitors Program of the United States
Department of State organizes exchange programs for anticipated
future leaders in their countries who travel to the United
States for programs generally of three weeks, and it produces
very positive results among its target audience.
(6) Another key target audience for United States exchanges
is not addressed by the International Visitors Program; this
group includes current political, economic, and civil society
leaders, often from less privileged backgrounds, who have not
traveled to the United States previously.
(7) Such persons currently in leadership positions in their
countries are often unable to leave their jobs for a period of
three weeks, given the press of their responsibilities, and
United States embassies administering exchange programs not
infrequently find that identified candidates for International
Visitor Program exchanges decline participation because of this
fact.
(8) A number of United States embassies, including the
embassy in Baghdad, Iraq, have piloted country-specific,
embassy-initiated exchange programs targeted to such groups of
current leaders who have never traveled to the United States.
These programs generally last from 5-7 program days and bring
together 8-10 participants from a country who work on similar
issues but have not worked with each other before. Some of
these programs have been coordinated with the Voluntary
Visitors Division of the International Visitors Office in the
Bureau of Educational and Cultural Affairs of the Department of
State.
(9) Such programs have proven highly effective in having an
immediate impact on current leaders working in key sectors and
in helping advance United States interests such as greater
democratization, observance of human rights, economic reform
and poverty alleviation, empowerment of women and girls, and
improved cooperation with the United States in confronting
threats from organized crime, narco-trafficking, and terrorist
groups. These programs also promote greater cooperation across
sectors, agencies, and regions within a country, given the
shared experience the exchange visitors have together during
their trip to the United States.
(10) A key element of the success of these pilot exchanges
is that they are conceived and developed in individual
embassies overseas, keyed to specific interests of the United
States in each country.
(11) However, these pilot exchanges currently have not been
replicated widely within the Department of State, being
confined to only a few United States embassies around the
world, because there are no Department-wide programmatic
guidelines or central funding for these exchange programs.
SEC. 3. AMBASSADOR'S FUND FOR STRATEGIC EXCHANGES.
(a) In General.--The Secretary of State shall establish in the
Voluntary Visitors Division of the Office of International Visitors in
the Bureau of Educational and Cultural Affairs a program to conduct
public diplomacy exchanges, to be known as the ``Ambassador's Fund for
Strategic Exchanges'', to bring political, economic, civil society, and
other leaders to the United States for short-term exchange visits in
order to advance key United States strategic goals.
(b) Coordination.--Under the program established pursuant to
subsection (a), each United States embassy and the Office of
International Visitors shall coordinate to develop the short-term
exchange visits described in such subsection.
(c) Number and Duration.--The short-term exchange visits shall be
for groups of up to between eight and ten participants, and shall be
for visits of five to eight days.
(d) Areas of Focus.--The key United States strategic goals referred
to in subsection (a) may include the following, as determined by the
individual United States embassy and the Office of International
Visitors:
(1) Strengthening democracy and human rights.
(2) Advancing the rule of law.
(3) Strengthening cooperation in the fight against
terrorism, organized crime, and drug trafficking.
(4) Reducing poverty and promoting economic reform.
(5) Empowering women and girls.
(6) Broadening political and economic participation to
include traditionally excluded groups.
(7) Other embassy and Office of International Visitors-
identified priority purposes.
(e) Selection.--The Bureau of Educational and Cultural Affairs
shall solicit proposals from United States embassies for short-term
exchange visits and select among them on a competitive basis.
(f) Cost-sharing and Funding.--
(1) In general.--In accordance with paragraphs (2) and (3),
as appropriate, the Bureau of Educational and Cultural Affairs
and the United States embassies shall engage in cost-sharing in
carrying out the short-term exchange visits.
(2) Bureau of educational and cultural affairs.--From
amounts authorized to be appropriated to carry out this Act
pursuant to section 4 and from amounts made available for the
regular program budget of the Voluntary Visitors Division, such
sums as may be necessary are authorized to be appropriated to
the Bureau of Educational and Cultural Affairs to carry out the
short-term exchange visits. Such visits shall be treated in the
same manner as Voluntary Visitor trips are treated.
(3) United states embassies.--
(A) In general.--From amounts authorized to be
appropriated to carry out this Act and from amounts
made available for the public diplomacy budgets of
United States embassies, such sums as may be necessary
are authorized to be appropriated to such embassies to
carry out the short-term exchange visits. Allowable
expenses associated with such visits include airfares,
pre-departure expenses, and such other expenses as are
needed to allow individuals to travel to the United
States to participate in such visits.
(B) Rule of construction.--Nothing in this section
may be construed as imposing any restrictions, such as
restrictions included in the Foreign Affairs Manual of
the Department of State, on the ability of United
States embassies to pay for airfares of individuals
participating in the short-term exchange visits.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Secretary of State such sums as may be necessary to carry out this Act.
(b) Additional Amounts.--In addition to amounts authorized to be
appropriated pursuant to subsection (a), there are authorized to be
appropriated $1,500,000 to the International Visitors Program for
Professional and Cultural Exchanges for short-term exchange visits
conducted under the auspices of the Ambassador's Fund for Strategic
Exchanges. Such amounts shall be administered by the Bureau of
Educational and Cultural Affairs. | Ambassador's Fund for Strategic Exchanges Act of 2009 - Directs the Secretary of State to establish in the Voluntary Visitors Division of the Office of International Visitors in the Bureau of Educational and Cultural Affairs the Ambassador's Fund for Strategic Exchanges to bring political, economic, civil society, and other leaders to the United States for short-term exchange visits in order to advance U.S. strategic goals.
Authorizes appropriations. | To establish a public diplomacy international exchange program to be known as the Ambassador's Fund for Strategic Exchanges, and for other purposes. |