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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Affordability and
Equity Act of 2005''.
SEC. 2. EXPANSION OF DEDUCTION FOR INTEREST ON EDUCATION LOANS.
(a) Repeal of Dollar Limitation; Increase in Phaseout Beginning
Point.--Subsection (b) of section 221 of the Internal Revenue Code of
1986 (relating to maximum deduction) is amended to read as follows:
``(b) Limitation Based on Modified Adjusted Gross Income.--
``(1) In general.--The amount which would (but for this
subsection) be allowable as a deduction under this section
shall be reduced (but not below zero) by the amount determined
under paragraph (2).
``(2) Amount of reduction.--The amount determined under
this paragraph is the amount which bears the same ratio to the
amount which would be so taken into account as--
``(A) the excess of--
``(i) the taxpayer's modified adjusted
gross income for such taxable year, over
``(ii) $100,000 ($200,000 in the case of a
joint return), bears to
``(B) $15,000 ($30,000 in the case of a joint
return).
``(3) Modified adjusted gross income.--The term `modified
adjusted gross income' means adjusted gross income determined--
``(A) without regard to this section and sections
199, 222, 911, 931, and 933, and
``(B) after application of sections 86, 135, 137,
219, and 469.''.
(b) Conforming Amendment.--Section 221(f)(1) of such Code is
amended to read as follows:
``(1) In general.--In the case of a taxable year beginning
after 2006, the $100,000 and $200,000 amounts in subsection (b)
shall each be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2005' for `calendar year 1992' in
subparagraph (B) thereof.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005.
SEC. 3. DEDUCTION FOR QUALIFIED TUITION AND RELATED EXPENSES MADE
PERMANENT.
(a) Repeal of Termination.--Section 222 of the Internal Revenue
Code of 1986 is amended by striking subsection (e).
(b) Conforming Amendments.--Subparagraph (B) of section 222(b)(2)
of such Code is amended--
(1) by striking ``2004 or 2005'' and inserting ``2004 or
thereafter'', and
(2) in the heading by striking ``and 2005'' and inserting
``and thereafter''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005.
SEC. 4. EDUCATION SAVINGS ACCOUNTS.
(a) Increase in Allowable Contributions.--
(1) In general.--Clause (iii) of section 530(b)(1)(A) of
the Internal Revenue Code of 1986 is amended by striking
``$2,000'' and inserting ``$5,000''.
(2) Conforming amendment.--Section 4973(e)(1)(A) of such
Code is amended by striking ``$2,000'' and inserting
``$5,000''.
(b) Reports.--Subsection (h) of section 530 of such Code is amended
by striking the period at the end of the last sentence and inserting
``, except that reports shall be so filed and furnished for any
calendar year not later than June 30 of the following year.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005.
SEC. 5. ALLOWANCE OF ROOM, BOARD, AND SPECIAL NEEDS SERVICES IN THE
CASE OF SCHOLARSHIPS AND TUITION REDUCTION PROGRAMS WITH
RESPECT TO HIGHER EDUCATION.
(a) In General.--Paragraph (1) of section 117(b) of the Internal
Revenue Code of 1986 (defining qualified scholarship) is amended by
inserting before the period at the end the following: ``or, in the case
of enrollment or attendance at an eligible educational institution, for
qualified higher education expenses.''.
(b) Definitions.--Subsection (b) of section 117 of such Code is
amended by adding at the end the following new paragraph:
``(3) Qualified higher education expenses; eligible
educational institution.--The terms `qualified higher education
expenses' and `eligible educational institution' have the
meanings given such terms in section 529(e).''.
(c) Tuition Reduction Programs.--Paragraph (5) of section 117(d) of
such Code (relating to special rules for teaching and research
assistants) is amended by striking ``shall be applied as if it did not
contain the phrase `(below the graduate level)'.'' and inserting
``shall be applied--
``(A) as if it did not contain the phrase `(below
the graduate level)', and
``(B) by substituting `qualified higher education
expenses' for `tuition' the second place it appears.''.
(d) Effective Date.--The amendments made by this section shall
apply to expenses paid after December 31, 2005 (in taxable years ending
after such date), for education furnished in academic periods beginning
after such date.
SEC. 6. TREATMENT OF PREPAYMENT AND SAVINGS PLANS UNDER STUDENT
FINANCIAL AID NEEDS ANALYSIS.
(a) Definition of Assets.--Subsection (f) of section 480 of the
Higher Education Act of 1965 (20 U.S.C. 1087vv(j)) is amended--
(1) in paragraph (1) by inserting ``qualified education
benefit (except as provided in paragraph (3)),'' after ``tax
shelters,''; and
(2) by adding at the end the following new paragraphs:
``(3) A qualified education benefit shall not be considered an
asset of the student under section 475 of this part.
``(4) For purposes of this subsection, the term `qualified
education benefit' means--
``(A) a program which is described in clause (i) of section
529(b)(1)(A) of the Internal Revenue Code of 1986 and which
meets the requirements of section 529(b)(1)(B) of such Code;
``(B) a State tuition program described in clause (ii) of
section 529(b)(1)(A) of the Internal Revenue Code of 1986 which
meets the requirements of section 529(b)(1)(B) of such Code;
and
``(C) a Coverdell education savings account (as defined in
section 530(b)(1) of the Internal Revenue Code of 1986).''.
(b) Definition of Other Financial Assistance.--Subsection (j) of
section 480 of the Higher Education Act of 1965 (20 U.S.C. 1087vv(j))
is amended--
(1) by striking ``; Tuition Prepayment Plans'' in the
heading of such subsection;
(2) by striking ``(1) For purposes'' and inserting ``For
purposes''; and
(3) by striking paragraph (2).
(c) Effective Date.--The amendments made by this section shall
apply with respect to determinations of need under part F of title IV
of the Higher Education Act of 1965 for academic years beginning on or
after July 1, 2006.
SEC. 7. EXPANSION OF EDUCATIONAL EXPENSES ALLOWED AS PART OF HOPE
SCHOLARSHIP CREDIT.
(a) Qualified Tuition and Related Expenses Expanded to Include
Books, Supplies, and Equipment.--Paragraph (1) of section 25A(f) of the
Internal Revenue Code of 1986 (defining qualified tuition and related
expenses) is amended by adding at the end the following new
subparagraph:
``(D) Additional expenses allowed for hope
scholarship credit.--For purposes of the Hope
Scholarship Credit, such term shall include fees,
books, supplies, and equipment required for courses of
instruction at the eligible educational institution.''.
(b) Hope Scholarship Credit not Reduced by Federal Pell Grants and
Supplemental Educational Opportunity Grants.--Subsection (g) of section
25A of such Code (relating to special rules) is amended by adding at
the end the following new paragraph:
``(8) Pell and seog grants.--For purposes of the Hope
Scholarship Credit, paragraph (2) shall not apply to amounts
paid for an individual as a Federal Pell Grant or a Federal
supplemental educational opportunity grant under subparts 1 and
3, respectively, of part A of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070a and 1070b et seq.,
respectively).''.
(c) Expanded Hope Expenses not Subject to Information Reporting
Requirements.--Subsection (e) of section 6050S of such Code (relating
to definitions) is amended by striking ``subsection (g)(2)'' and
inserting ``subsections (f)(1)(D) and (g)(2)''.
(d) Effective Date.--The amendments made by this section shall
apply to expenses paid after December 31, 2005 (in tax years ending
after such date), for education furnished in academic periods beginning
after such date.
SEC. 8. REPEAL OF EGTRRA SUNSET APPLICABILITY TO CERTAIN EDUCATION
PROVISIONS.
Title IX of the Economic Growth and Tax Relief Reconciliation Act
of 2001 (relating to sunset of provisions of such Act) shall not apply
to subtitles A, B, and D of title IV of such Act. | Higher Education Affordability and Equity Act of 2005 - Amends the Internal Revenue Code to: (1) repeal the dollar limitation on the tax deduction for interest on education loans and expand eligibility for such deduction by revising the modified adjusted gross income phaseout for such deduction; (2) make the tax deduction for qualified tuition and related expenses permanent; (3) increase from $2,000 to $5,000 the maximum allowable contribution to a Coverdell savings account; (4) exclude from gross income amounts received for qualified higher education expenses (e.g., books, supplies, room, board, and special needs services); and (5) allow certain additional expenses (e.g., fees, books, supplies, and equipment) for purposes of the Hope Scholarship Tax Credit and provide that such tax credit shall not be reduced by Federal Pell Grants and Supplemental Educational Opportunity (SEOG) Grants.
Repeals the sunset provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) applicable to title IV, subtitles A, B, and D (Affordable Education Provisions) of such Act.
Amends the Higher Education Act of 1965 (HEA) to provide that a qualified education benefit shall not be considered an asset of a student for purposes of a student financial need analysis. Defines "qualified education benefit" as a tax-exempt tuition credits program, a State education prepayment plan, and a Coverdell education savings account. | To amend the Internal Revenue Code of 1986 to expand incentives for education. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Make College Affordable Act of
1999''.
SEC. 2. DEDUCTION FOR HIGHER EDUCATION EXPENSES.
(a) Deduction Allowed.--Part VII of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 222 as
section 223 and by inserting after section 221 the following:
``SEC. 222. HIGHER EDUCATION EXPENSES.
``(a) Allowance of Deduction.--
``(1) In general.--In the case of an individual, there
shall be allowed as a deduction an amount equal to the
applicable dollar amount of the qualified higher education
expenses paid by the taxpayer during the taxable year.
``(2) Applicable dollar amount.--The applicable dollar
amount for any taxable year shall be determined as follows:
Applicable
``Taxable year: dollar amount:
2001.......................................... $4,000
2002.......................................... $8,000
2003 and thereafter........................... $12,000.
``(b) Limitation Based on Modified Adjusted Gross Income.--
``(1) In general.--The amount which would (but for this
subsection) be taken into account under subsection (a) shall be
reduced (but not below zero) by the amount determined under
paragraph (2).
``(2) Amount of reduction.--The amount determined under
this paragraph equals the amount which bears the same ratio to
the amount which would be so taken into account as--
``(A) the excess of--
``(i) the taxpayer's modified adjusted
gross income for such taxable year, over
``(ii) $62,450 ($104,050 in the case of a
joint return, $89,150 in the case of a return
filed by a head of household, and $52,025 in
the case of a return by a married individual
filing separately), bears to
``(B) $15,000.
``(3) Modified adjusted gross income.--For purposes of this
subsection, the term `modified adjusted gross income' means the
adjusted gross income of the taxpayer for the taxable year
determined--
``(A) without regard to this section and sections
911, 931, and 933, and
``(B) after the application of sections 86, 135,
219, 220, and 469.
For purposes of the sections referred to in subparagraph (B),
adjusted gross income shall be determined without regard to the
deduction allowed under this section.
``(c) Qualified Higher Education Expenses.--For purposes of this
section--
``(1) Qualified higher education expenses.--
``(A) In general.--The term `qualified higher
education expenses' means tuition and fees charged by
an educational institution and required for the
enrollment or attendance of--
``(i) the taxpayer,
``(ii) the taxpayer's spouse,
``(iii) any dependent of the taxpayer with
respect to whom the taxpayer is allowed a
deduction under section 151, or
``(iv) any grandchild of the taxpayer,
as an eligible student at an institution of higher
education.
``(B) Eligible courses.--Amounts paid for qualified
higher education expenses of any individual shall be
taken into account under subsection (a) only to the
extent such expenses--
``(i) are attributable to courses of
instruction for which credit is allowed toward
a baccalaureate degree by an institution of
higher education or toward a certificate of
required course work at a vocational school,
and
``(ii) are not attributable to any graduate
program of such individual.
``(C) Exception for nonacademic fees.--Such term
does not include any student activity fees, athletic
fees, insurance expenses, or other expenses unrelated
to a student's academic course of instruction.
``(D) Eligible student.--For purposes of
subparagraph (A), the term `eligible student' means a
student who--
``(i) meets the requirements of section
484(a)(1) of the Higher Education Act of 1965
(20 U.S.C. 1091(a)(1)), as in effect on the
date of the enactment of this section, and
``(ii) is carrying at least one-half the
normal full-time work load for the course of
study the student is pursuing, as determined by
the institution of higher education.
``(E) Identification requirement.--No deduction
shall be allowed under subsection (a) to a taxpayer
with respect to an eligible student unless the taxpayer
includes the name, age, and taxpayer identification
number of such eligible student on the return of tax
for the taxable year.
``(2) Institution of higher education.--The term
`institution of higher education' means an institution which--
``(A) is described in section 481 of the Higher
Education Act of 1965 (20 U.S.C. 1088), as in effect on
the date of the enactment of this section, and
``(B) is eligible to participate in programs under
title IV of such Act.
``(d) Special Rules.--
``(1) No double benefit.--
``(A) In general.--No deduction shall be allowed
under subsection (a) for any expense for which a
deduction is allowable to the taxpayer under any other
provision of this chapter unless the taxpayer
irrevocably waives his right to the deduction of such
expense under such other provision.
``(B) Denial of deduction if credit elected.--No
deduction shall be allowed under subsection (a) for a
taxable year with respect to the qualified higher
education expenses of an individual if the taxpayer
elects to have section 25A apply with respect to such
individual for such year.
``(C) Dependents.--No deduction shall be allowed
under subsection (a) to any individual with respect to
whom a deduction under section 151 is allowable to
another taxpayer for a taxable year beginning in the
calendar year in which such individual's taxable year
begins.
``(D) Coordination with exclusions.--A deduction
shall be allowed under subsection (a) for qualified
higher education expenses only to the extent the amount
of such expenses exceeds the amount excludable under
section 135 or 530(d)(2) for the taxable year.
``(2) Limitation on taxable year of deduction.--
``(A) In general.--A deduction shall be allowed
under subsection (a) for qualified higher education
expenses for any taxable year only to the extent such
expenses are in connection with enrollment at an
institution of higher education during the taxable
year.
``(B) Certain prepayments allowed.--Subparagraph
(A) shall not apply to qualified higher education
expenses paid during a taxable year if such expenses
are in connection with an academic term beginning
during such taxable year or during the first 3 months
of the next taxable year.
``(3) Adjustment for certain scholarships and veterans
benefits.--The amount of qualified higher education expenses
otherwise taken into account under subsection (a) with respect
to the education of an individual shall be reduced (before the
application of subsection (b)) by the sum of the amounts
received with respect to such individual for the taxable year
as--
``(A) a qualified scholarship which under section
117 is not includable in gross income,
``(B) an educational assistance allowance under
chapter 30, 31, 32, 34, or 35 of title 38, United
States Code, or
``(C) a payment (other than a gift, bequest,
devise, or inheritance within the meaning of section
102(a)) for educational expenses, or attributable to
enrollment at an eligible educational institution,
which is exempt from income taxation by any law of the
United States.
``(4) No deduction for married individuals filing separate
returns.--If the taxpayer is a married individual (within the
meaning of section 7703), this section shall apply only if the
taxpayer and the taxpayer's spouse file a joint return for the
taxable year.
``(5) Nonresident aliens.--If the taxpayer is a nonresident
alien individual for any portion of the taxable year, this
section shall apply only if such individual is treated as a
resident alien of the United States for purposes of this
chapter by reason of an election under subsection (g) or (h) of
section 6013.
``(6) Regulations.--The Secretary may prescribe such
regulations as may be necessary or appropriate to carry out
this section, including regulations requiring recordkeeping and
information reporting.''
(b) Deduction Allowed in Computing Adjusted Gross Income.--Section
62(a) of such Code is amended by inserting after paragraph (17) the
following:
``(18) Higher education expenses.--The deduction allowed by
section 222.''
(c) Conforming Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by striking the item
relating to section 222 and inserting the following:
``Sec. 222. Higher education expenses.
``Sec. 223. Cross reference.''
(d) Effective Date.--The amendments made by this section shall
apply to payments made in taxable years beginning after December 31,
1999.
SEC. 3. CREDIT FOR INTEREST ON HIGHER EDUCATION LOANS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25A the
following new section:
``SEC. 25B. INTEREST ON HIGHER EDUCATION LOANS.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the interest paid by the
taxpayer during the taxable year on any qualified education loan.
``(b) Maximum Credit.--
``(1) In general.--Except as provided in paragraph (2), the
credit allowed by subsection (a) for the taxable year shall not
exceed $1,500.
``(2) Limitation based on modified adjusted gross income.--
``(A) In general.--If the modified adjusted gross
income of the taxpayer for the taxable year exceeds
$50,000 ($80,000 in the case of a joint return), the
amount which would (but for this paragraph) be
allowable as a credit under this section shall be
reduced (but not below zero) by the amount which bears
the same ratio to the amount which would be so
allowable as such excess bears to $20,000.
``(B) Modified adjusted gross income.--The term
`modified adjusted gross income' means adjusted gross
income determined without regard to sections 911, 931,
and 933.
``(C) Inflation adjustment.--In the case of any
taxable year beginning after 2002, the $50,000 and
$80,000 amounts referred to in subparagraph (A) shall
be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section (1)(f)(3) for the
calendar year in which the taxable year begins,
by substituting `2001' for `1992'.
``(D) Rounding.--If any amount as adjusted under
subparagraph (C) is not a multiple of $50, such amount
shall be rounded to the nearest multiple of $50.
``(c) Dependents Not Eligible for Credit.--No credit shall be
allowed by this section to an individual for the taxable year if a
deduction under section 151 with respect to such individual is allowed
to another taxpayer for the taxable year beginning in the calendar year
in which such individual's taxable year begins.
``(d) Limit on Period Credit Allowed.--A credit shall be allowed
under this section only with respect to interest paid on any qualified
education loan during the first 60 months (whether or not consecutive)
in which interest payments are required. For purposes of this
paragraph, any loan and all refinancings of such loan shall be treated
as 1 loan.
``(e) Definitions.--For purposes of this section--
``(1) Qualified education loan.--The term `qualified
education loan' has the meaning given such term by section
221(e)(1).
``(2) Dependent.--The term `dependent' has the meaning
given such term by section 152.
``(f) Special Rules.--
``(1) Denial of double benefit.--No credit shall be allowed
under this section for any amount taken into account for any
deduction under any other provision of this chapter.
``(2) Married couples must file joint return.--If the
taxpayer is married at the close of the taxable year, the
credit shall be allowed under subsection (a) only if the
taxpayer and the taxpayer's spouse file a joint return for the
taxable year.
``(3) Marital status.--Marital status shall be determined
in accordance with section 7703.''
(b) Conforming Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 is amended by inserting after the
item relating to section 25A the following new item:
``Sec. 25B. Interest on higher education
loans.''
(c) Effective Date.--The amendments made by this section shall
apply to any qualified education loan (as defined in section 25B(e)(1)
of the Internal Revenue Code of 1986, as added by this section)
incurred on, before, or after the date of the enactment of this Act,
but only with respect to any loan interest payment due after December
31, 2000. | Establishes an annual income-adjusted credit (up to $1,500) for the interest paid during the first 60 months of a qualified higher education loan by a non-dependent taxpayer. | Make College Affordable Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Protection Act of 2012''.
SEC. 2. ENHANCED PENALTIES FOR POSSESSION OF CHILD PORNOGRAPHY.
(a) Certain Activities Relating to Material Involving the Sexual
Exploitation of Minors.--Section 2252(b)(2) of title 18, United States
Code, is amended by inserting after ``but if'' the following: ``any
visual depiction involved in the offense involved a prepubescent minor
or a minor who had not attained 12 years of age, such person shall be
fined under this title and imprisoned for not more than 20 years, or
if''.
(b) Certain Activities Relating to Material Constituting or
Containing Child Pornography.--Section 2252A(b)(2) of title 18, United
States Code, is amended by inserting after ``but, if'' the following:
``any image of child pornography involved in the offense involved a
prepubescent minor or a minor who had not attained 12 years of age,
such person shall be fined under this title and imprisoned for not more
than 20 years, or if''.
SEC. 3. PROTECTION OF CHILD WITNESSES.
(a) Civil Action To Restrain Harassment of a Victim or Witness.--
Section 1514 of title 18, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``or its own motion,''
after ``attorney for the Government,''; and
(ii) by inserting ``or investigation''
after ``Federal criminal case'' each place it
appears;
(B) by redesignating paragraphs (2), (3), and (4)
as paragraphs (3), (4), and (5), respectively;
(C) by inserting after paragraph (1) the following:
``(2) In the case of a minor witness or victim, the court
shall issue a protective order prohibiting harassment or
intimidation of the minor victim or witness if the court finds
evidence that the conduct at issue is reasonably likely to
adversely affect the willingness of the minor witness or victim
to testify or otherwise participate in the Federal criminal
case or investigation. Any hearing regarding a protective order
under this paragraph shall be conducted in accordance with
paragraphs (1) and (3), except that the court may issue an ex
parte emergency protective order in advance of a hearing if
exigent circumstances are present. If such an ex parte order is
applied for or issued, the court shall hold a hearing not later
than 14 days after the date such order was applied for or is
issued.'';
(D) in paragraph (4), as so redesignated, by
striking ``(and not by reference to the complaint or
other document)''; and
(E) in paragraph (5), as so redesignated, in the
second sentence, by inserting before the period at the
end the following: ``, except that in the case of a
minor victim or witness, the court may order that such
protective order expires on the later of 3 years after
the date of issuance or the date of the eighteenth
birthday of that minor victim or witness''; and
(2) by striking subsection (c) and inserting the following:
``(c) Whoever knowingly and intentionally violates or attempts to
violate an order issued under this section shall be fined under this
title, imprisoned not more than 5 years, or both.
``(d)(1) As used in this section--
``(A) the term `course of conduct' means a series of acts
over a period of time, however short, indicating a continuity
of purpose;
``(B) the term `harassment' means a serious act or course
of conduct directed at a specific person that--
``(i) causes substantial emotional distress in such
person; and
``(ii) serves no legitimate purpose;
``(C) the term `immediate family member' has the meaning
given that term in section 115 and includes grandchildren;
``(D) the term `intimidation' means a serious act or course
of conduct directed at a specific person that--
``(i) causes fear or apprehension in such person;
and
``(ii) serves no legitimate purpose;
``(E) the term `restricted personal information' has the
meaning given that term in section 119;
``(F) the term `serious act' means a single act of
threatening, retaliatory, harassing, or violent conduct that is
reasonably likely to influence the willingness of a victim or
witness to testify or participate in a Federal criminal case or
investigation; and
``(G) the term `specific person' means a victim or witness
in a Federal criminal case or investigation, and includes an
immediate family member of such a victim or witness.
``(2) For purposes of subparagraphs (B)(ii) and (D)(ii) of
paragraph (1), a court shall presume, subject to rebuttal by the
person, that the distribution or publication using the Internet of a
photograph of, or restricted personal information regarding, a specific
person serves no legitimate purpose, unless that use is authorized by
that specific person, is for news reporting purposes, is designed to
locate that specific person (who has been reported to law enforcement
as a missing person), or is part of a government-authorized effort to
locate a fugitive or person of interest in a criminal, antiterrorism,
or national security investigation.''.
(b) Sentencing Guidelines.--Pursuant to its authority under section
994 of title 28, United States Code, and in accordance with this
section, the United States Sentencing Commission shall review and, if
appropriate, amend the Federal sentencing guidelines and policy
statements to ensure--
(1) that the guidelines provide an additional penalty
increase above the sentence otherwise applicable in Part J of
Chapter 2 of the Guidelines Manual if the defendant was
convicted of a violation of section 1591 of title 18, United
States Code, or chapters 109A, 109B, 110, or 117 of title 18,
United States Code; and
(2) if the offense described in paragraph (1) involved
causing or threatening to cause physical injury to a person
under 18 years of age, in order to obstruct the administration
of justice, an additional penalty increase above the sentence
otherwise applicable in Part J of Chapter 2 of the Guidelines
Manual.
SEC. 4. SUBPOENAS TO FACILITATE THE ARREST OF FUGITIVE SEX OFFENDERS.
(a) Administrative Subpoenas.--
(1) In general.--Section 3486(a)(1) of title 18, United
States Code, is amended--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``or'' at
the end;
(ii) by redesignating clause (ii) as clause
(iii); and
(iii) by inserting after clause (i) the
following:
``(ii) an unregistered sex offender conducted by the United
States Marshals Service, the Director of the United States
Marshals Service; or''; and
(B) in subparagraph (D)--
(i) by striking ``paragraph, the term'' and
inserting the following: ``paragraph--
``(i) the term'';
(ii) by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(ii) the term `sex offender' means an individual required
to register under the Sex Offender Registration and
Notification Act (42 U.S.C. 16901 et seq.).''.
(2) Technical and conforming amendments.--Section 3486(a)
of title 18, United States Code, is amended--
(A) in paragraph (6)(A), by striking ``United
State'' and inserting ``United States'';
(B) in paragraph (9), by striking ``(1)(A)(ii)''
and inserting ``(1)(A)(iii)''; and
(C) in paragraph (10), by striking ``paragraph
(1)(A)(ii)'' and inserting ``paragraph (1)(A)(iii)''.
(b) Judicial Subpoenas.--Section 566(e)(1) of title 28, United
States Code, is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) issue administrative subpoenas in accordance with
section 3486 of title 18, solely for the purpose of
investigating unregistered sex offenders (as defined in such
section 3486).''.
SEC. 5. INCREASE IN FUNDING LIMITATION FOR TRAINING COURSES FOR ICAC
TASK FORCES.
Section 102(b)(4)(B) of the PROTECT Our Children Act of 2008 (42
U.S.C. 17612(b)(4)(B)) is amended by striking ``$2,000,000'' and
inserting ``$4,000,000''.
SEC. 6. NATIONAL COORDINATOR FOR CHILD EXPLOITATION PREVENTION AND
INTERDICTION.
Section 101(d)(1) of the PROTECT Our Children Act of 2008 (42
U.S.C. 17611(d)(1)) is amended--
(1) by striking ``to be responsible'' and inserting the
following: ``with experience in investigating or prosecuting
child exploitation cases as the National Coordinator for Child
Exploitation Prevention and Interdiction who shall be
responsible''; and
(2) by adding at the end the following: ``The National
Coordinator for Child Exploitation Prevention and Interdiction
shall be a position in the Senior Executive Service.''.
SEC. 7. REAUTHORIZATION OF ICAC TASK FORCES.
Section 107(a) of the PROTECT Our Children Act of 2008 (42 U.S.C.
17617(a)) is amended--
(1) in paragraph (4), by striking ``and'';
(2) in paragraph (5), by striking the period at the end;
and
(3) by inserting after paragraph (5) the following:
``(6) $60,000,000 for fiscal year 2014;
``(7) $60,000,000 for fiscal year 2015;
``(8) $60,000,000 for fiscal year 2016;
``(9) $60,000,000 for fiscal year 2017; and
``(10) $60,000,000 for fiscal year 2018.''.
SEC. 8. CLARIFICATION OF ``HIGH-PRIORITY SUSPECT''.
Section 105(e)(1)(B)(i) of the PROTECT Our Children Act of 2008 (42
U.S.C. 17615(e)(1)(B)(i)) is amended by striking ``the volume'' and all
that follows through ``or other''.
SEC. 9. REPORT TO CONGRESS.
Not later than 90 days after the date of enactment of this Act, the
Attorney General shall submit to the Committee on the Judiciary of the
House of Representatives and the Committee on the Judiciary of the
Senate a report on the status of the Attorney General's establishment
of the National Internet Crimes Against Children Data System required
to be established under section 105 of the PROTECT Our Children Act of
2008 (42 U.S.C. 17615). | Child Protection Act of 2012 - Amends the federal criminal code to impose a fine and/or prison term of up to 20 years for transporting, receiving, distributing, selling, or possessing pornographic images of a child under the age of 12.
Requires a U.S. district court to issue a protective order prohibiting harassment or intimidation of a minor victim or witness if the court finds evidence that the conduct at issue is reasonably likely to adversely affect the willingness of the minor witness or victim to testify or otherwise participate in a federal criminal case or investigation.
Directs the U.S. Sentencing Commission to review and amend the federal sentencing guidelines and policy statements to ensure that such guidelines provide an additional penalty for sex trafficking of children and other child abuse crimes.
Allows the Director of the U.S. Marshals Service to issue an administrative subpoena for the investigation of unregistered sex offenders by the U.S. Marshals Service.
Amends the PROTECT Our Children Act of 2008 to: (1) double the amount that the Attorney General may award a non-law enforcement agency entity annually to establish and conduct training courses for National Internet Crimes Against Children Task Force Program task force members and other law enforcement officials, (2) require the Attorney General to designate a senior official at the Department of Justice (DOJ) with experience in investigating or prosecuting child exploitation cases as the National Coordinator for Child Exploitation Prevention and Interdiction to be responsible for coordinating the development of the National Strategy for Child Exploitation Prevention and Interdiction, (3) authorize appropriations for carrying out such strategy for FY2014-FY2018, (4) delete a requirement that the National Internet Crimes Against Children Data System identify high-priority suspects based on the volume of suspected criminal activity, and (5) require the Attorney General to report within 90 days after enactment of this Act on the status of the establishment of such System. | A bill to amend title 18, United States Code, with respect to child pornography and child exploitation offenses. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Care for Seniors Act of
2015''.
SEC. 2. IMPROVEMENTS TO MA RISK ADJUSTMENT SYSTEM.
Section 1853(a)(1)(C) of the Social Security Act (42 U.S.C. 1395w-
23(a)(1)(C)) is amended by adding at the end the following new clauses:
``(iv) Evaluation and subsequent revision
of the risk adjustment system to account for
chronic conditions and other factors for the
purpose of making the risk adjustment system
more accurate, transparent, and regularly
updated.--
``(I) Revision based on number of
chronic conditions.--The Secretary
shall revise for 2017 and periodically
thereafter, the risk adjustment system
under this subparagraph so that a risk
score under such system, with respect
to an individual, takes into account
the number of chronic conditions with
which the individual has been
diagnosed.
``(II) Evaluation of different risk
adjustment models.--The Secretary shall
evaluate the impact of including two
years of data to compare the models
used to determine risk scores for 2013
and 2014 under such system.
``(III) Evaluation and analysis on
chronic kidney disease (ckd) codes.--
The Secretary shall evaluate the impact
of removing the diagnosis codes related
to chronic kidney disease in the 2014
risk adjustment model and conduct an
analysis of best practices of MA plans
to slow disease progression related to
chronic kidney disease.
``(IV) Evaluation and
recommendations on use of encounter
data.--The Secretary shall evaluate the
impact of including 10 percent of
encounter data in computing payment for
2016 and the readiness of the Centers
for Medicare & Medicaid Services to
incorporate encounter data in risk
scores. In conducting such evaluation,
the Secretary shall use data collected
as encounter data on or after January
1, 2012, shall conduct statistical
analyses on such data for accuracy and
completeness and issue recommendations
for improving such accuracy and
completeness, and shall not increase
the percentage of such encounter data
used unless the Secretary releases the
results of the analyses publicly,
indicates how such data will be
weighted in computing the risk scores,
and ensures that the data reflects the
degree and cost of care coordination
under MA plans.
``(V) Conduct of evaluations.--
Evaluations and analyses under
subclauses (II) through (IV) shall
include an actuarial opinion from the
Chief Actuary of the Centers for
Medicare & Medicaid Services about the
reasonableness of the methods,
assumptions, and conclusions of such
evaluations and analyses. The Secretary
shall consult with the Medicare Payment
Advisory Commission and accept and
consider comments of stakeholders, such
as managed care organizations and
beneficiary groups, on such evaluation
and analyses. The Secretary shall
complete such evaluations and analyses
in a manner that permits the results to
be applied for plan years beginning
with the second plan year that begins
after the date of the enactment of this
clause.
``(VI) Implementation of revisions
based on evaluations.--If the Secretary
determines, based on such an evaluation
or analysis, that revisions to the risk
adjustment system to address the
matters described in any of subclauses
(II) through (IV) would make the risk
adjustment system under this
subparagraph better reflect and
appropriately weight for the population
that is served by the plan, the
Secretary shall, beginning with 2017,
and periodically thereafter, make such
revisions.
``(VII) Periodic reporting to
congress.--With respect to plan years
beginning with 2017 and every third
year thereafter, the Secretary shall
submit to Congress a report on the most
recent revisions (if any) made under
this clause, including the evaluations
conducted under subclauses (II) through
(IV).
``(v) No changes to adjustment factors that
prevent activities consistent with national
health policy goals.--In making any changes to
the adjustment factors, including adjustment
for health status under paragraph (3), the
Secretary shall ensure that the changes do not
prevent Medicare Advantage organizations from
performing or undertaking activities that are
consistent with national health policy goals,
including activities to promote early detection
and better care coordination, the use of health
risk assessments, care plans, and programs to
slow the progression of chronic diseases.
``(vi) Opportunity for review and public
comment regarding changes to adjustment
factors.--For changes to adjustment factors
effective for 2017 and subsequent years, in
addition to providing notice of such changes in
the announcement under subsection (b)(2), the
Secretary shall provide an opportunity for
review of proposed changes of not less than 60
days and a public comment period of not less
than 30 days before implementing such
changes.''.
SEC. 3. SENSE OF CONGRESS RELATING TO MEDICARE ADVANTAGE RISK
ADJUSTMENT.
It is the sense of Congress that--
(1) the Secretary of Health and Human Services should
periodically monitor and improve the Medicare Advantage risk
adjustment model to ensure that it accurately accounts for
beneficiary risk, including for those individuals with complex
chronic comorbid conditions;
(2) the Secretary should closely examine the current
Medicare Advantage risk adjustment methodology to ensure that
plans enrolling beneficiaries with the greatest health care
needs receive adequate reimbursement to deliver high-quality
care and other services to help beneficiaries avoid costly
complications and further progression of chronic conditions and
to the extent data indicate this to be the case, the Secretary
should make necessary adjustment to the risk adjustment
methodology; and
(3) the Secretary should reconsider the implementation of
changes in the Medicare Advantage risk adjustment methodology
finalized for 2016 and to use to the extent appropriate the
methodology finalized in 2015 for one additional year. | Securing Care for Seniors Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to require the Centers for Medicare & Medicaid Services (CMS) to periodically revise the Medicare Advantage (MA) risk adjustment system, such that an individual's risk score takes into account the number of chronic conditions with which the individual has been diagnosed. In addition, CMS must evaluate the impacts to the system of: (1) using two years of data, (2) removing diagnostic codes related to chronic kidney disease, and (3) modifying the use of encounter data (information on services furnished to MA enrollees). If CMS subsequently determines that any of these revisions would better reflect the population served, CMS shall make such revisions. Before doing so, however, CMS must: (1) ensure that the changes do not prevent an MA organization from performing activities that are consistent with national health policy goals, and (2) provide an opportunity for review and public comment. | Securing Care for Seniors Act of 2015 |
SECTION 1. FINDINGS.
Congress finds as follows:
(1) Since 1935, the United States has owned a parcel of
land in Riverside, California, consisting of approximately 9.5
acres, more specifically described in section 2(a) (in this
section referred to as the ``property'').
(2) The property is administered by the Department of
Agriculture and has been variously used for research and plant
materials purposes.
(3) Since 1998, the property has been administered by the
Natural Resources Conservation Service.
(4) Since 2002, the property has been co-managed under a
cooperative agreement between the Natural Resources
Conservation Service and the Riverside Corona Resource
Conservation District, which is a legal subdivision of the
State of California under section 9003 of the California Public
Resources Code.
(5) The Conservation District wishes to acquire the
property and use it for conservation, environmental, and
related educational purposes.
(6) As provided in this Act, the conveyance of the property
to the Conservation District would promote the Conservation
District's conservation education and related purposes and
result in savings to the Federal Government.
SEC. 2. LAND CONVEYANCE, NATURAL RESOURCES CONSERVATION SERVICE
PROPERTY, RIVERSIDE COUNTY, CALIFORNIA.
(a) Conveyance Authorized.--The Secretary of Agriculture shall
convey and quitclaim to the Riverside Corona Resource Conservation
District (in this section referred to as the ``Conservation District'')
all right, title, and interest of the United States in and to a parcel
of real property, including improvements thereon, that is located at
4500 Glenwood Drive in Riverside, California, consists of approximately
9.5 acres, and is administered by the Natural Resources Conservation
Service of the Department of Agriculture. As necessary or desirable for
the conveyance under this subsection, the Secretary or the Conservation
District may survey all or portions of the property to be conveyed.
(b) Consideration.--
(1) Value in use.--Subject to paragraph (2), the
Conservation District shall pay to the Secretary an amount
equal to the value in use of the property to be conveyed under
subsection (a) as consideration for the conveyance of the
property.
(2) Required reductions.--The amount otherwise determined
under paragraph (1) shall be reduced by--
(A) the value of the improvements on the property
provided for by non-Federal sources; and
(B) the amount of any rental rate abatements
negotiated and agreed to by the Secretary for the
continued use of the property by the Department during
the 10-year period beginning upon the conveyance of the
property.
(c) Deposit and Use of Consideration.--The amounts received as
consideration under subsection (b) shall be credited to the applicable
appropriation of the Natural Resources Conservation Service for
conservation operations in California and shall remain available,
without further appropriation, until expended as the Secretary may
direct.
(d) Prohibition on Reservation of Interest.--The Secretary shall
not reserve any future interest in the property to be conveyed under
subsection (a), except that which may be acceptable to the Conservation
District.
(e) Hazardous Substances.--Notwithstanding section 120(h) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9620(h)) or the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.), in the conveyance of the property under subsection (a),
the Secretary shall be only required to meet the disclosure
requirements for hazardous substances, pollutants, or contaminants, but
shall otherwise not be required to remediate or abate any such releases
of hazardous substances, pollutants, or contaminants, including
petroleum and petroleum derivatives.
(f) Cooperative Authority.--
(1) Leases, contracts, and cooperative agreements
authorized.--In conjunction with, or in addition to, the
conveyance under subsection (a), the Secretary may enter into
leases, contracts and cooperative agreements with the
Conservation District.
(2) Sole source.--Notwithstanding sections 3105, 3301, and
3303 to 3305 of title 41, United States Code, or any other
provision of law, the Secretary may lease real property from
the Conservation District on a noncompetitive basis.
(3) Non-exclusive authority.--The authority provided by
this subsection is in addition to any other authority of the
Secretary.
(g) Additional Terms and Conditions.--The Secretary may require
such reasonable terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States, except that the conveyance does not
require further administrative or environmental analyses or
examination. | Directs the Secretary of Agriculture (USDA) to convey and quitclaim all interest of the United States in and to a parcel of real property, including improvements, located at 4500 Glenwood Drive in Riverside, California, and administered by the Natural Resources Conservation Service, to the Riverside Corona Resource Conservation District. | To provide for the conveyance of a small parcel of Natural Resources Conservation Service property in Riverside, California, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Progress Commemoration
Act''.
SEC. 2. DECLARATION.
Congress declares that--
(1) the original Seneca Falls Convention, held in upstate New
York in July 1848, convened to consider the social conditions and
civil rights of women at that time;
(2) the convention marked the beginning of an admirable and
courageous struggle for equal rights for women;
(3) the 150th Anniversary of the convention provides an
excellent opportunity to examine the history of the women's
movement; and
(4) a Federal Commission should be established for the
important task of ensuring the historic preservation of sites that
have been instrumental in American women's history, creating a
living legacy for generations to come.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``Women's Progress Commemoration Commission'' (referred to in
this Act as the ``Commission'').
(b) Membership.--
(1) In general.--The Commission shall be composed of 15
members, of whom--
(A) 3 shall be appointed by the President;
(B) 3 shall be appointed by the Speaker of the House of
Representatives;
(C) 3 shall be appointed by the minority leader of the
House of Representatives;
(D) 3 shall be appointed by the majority leader of the
Senate; and
(E) 3 shall be appointed by the minority leader of the
Senate.
(2) Persons eligible.--
(A) In general.--The members of the Commission shall be
individuals who have knowledge or expertise, whether by
experience or training, in matters to be studied by the
Commission. The members may be from the public or private
sector, and may include Federal, State, or local employees,
members of academia, nonprofit organizations, or industry, or
other interested individuals.
(B) Diversity.--It is the intent of Congress that persons
appointed to the Commission under paragraph (1) be persons who
represent diverse economic, professional, and cultural
backgrounds.
(3) Consultation and appointment.--
(A) In general.--The President, Speaker of the House of
Representatives, minority leader of the House of
Representatives, majority leader of the Senate, and minority
leader of the Senate shall consult among themselves before
appointing the members of the Commission in order to achieve,
to the maximum extent practicable, fair and equitable
representation of various points of view with respect to the
matters to be studied by the Commission.
(B) Completion of appointments; vacancies.--The President,
Speaker of the House of Representatives, minority leader of the
House of Representatives, majority leader of the Senate, and
minority leader of the Senate shall conduct the consultation
under subparagraph (3) and make their respective appointments
not later than 60 days after the date of enactment of this Act.
(4) Vacancies.--A vacancy in the membership of the Commission
shall not affect the powers of the Commission and shall be filled
in the same manner as the original appointment not later than 30
days after the vacancy occurs.
(c) Meetings.--
(1) Initial meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the
Commission shall hold its first meeting.
(2) Subsequent meetings.--After the initial meeting, the
Commission shall meet at the call of the Chairperson.
(d) Quorum.--A majority of the members of the Commission shall
constitute a quorum for the transaction of business, but a lesser
number of members may hold hearings.
(e) Chairperson and Vice Chairperson.--The Commission shall select
a Chairperson and Vice Chairperson from among its members.
SEC. 4. DUTIES OF THE COMMISSION.
Not later than 1 year after the initial meeting of the Commission,
the Commission, in cooperation with the Secretary of the Interior and
other appropriate Federal, State, and local public and private
entities, shall prepare and submit to the Secretary of the Interior a
report that--
(1) identifies sites of historical significance to the women's
movement; and
(2) recommends actions, under the National Historic
Preservation Act (16 U.S.C. 470 et seq.) and other law, to
rehabilitate and preserve the sites and provide to the public
interpretive and educational materials and activities at the sites.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out its duties
of this Act.
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out the provisions of this Act.
At the request of the Chairperson of the Commission, the head of such
department or agency shall furnish such information to the Commission.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--A member of the Commission who is not
otherwise an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for each
day (including travel time) during which the member is engaged in the
performance of the duties of the Commission. A member of the Commission
who is otherwise an officer or employee of the United States shall
serve without compensation in addition to that received for services as
an officer or employee of the United States.
(b) Travel Expenses.--A member of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from the home or regular
place of business of the member in the performance of service for the
Commission.
(c) Staff.--
(1) In general.--The Chairperson of the Commission may, without
regard to the civil service laws (including regulations), appoint
and terminate an executive director and such other additional
personnel as may be necessary to enable the Commission to perform
its duties. The employment and termination of an executive director
shall be subject to confirmation by a majority of the members of
the Commission.
(2) Compensation.--The executive director shall be compensated
at a rate not to exceed the rate payable for a position at level V
of the Executive Schedule under section 5316 of title 5, United
States Code. The Chairperson may fix the compensation of other
personnel without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule pay
rates, except that the rate of pay for such personnel may not
exceed the rate payable for a position at level V of the Executive
Schedule under section 5316 of that title.
(3) Detail of government employees.--Any Federal Government
employee, with the approval of the head of the appropriate Federal
agency, may be detailed to the Commission without reimbursement,
and the detail shall be without interruption or loss of civil
service status, benefits, or privilege.
(d) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals not to exceed the daily equivalent of the annual rate
of basic pay prescribed for a position at level V of the Executive
Schedule under section 5316 of that title.
SEC. 7. FUNDING.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission such sums as are necessary to carry out
this Act.
(b) Donations.--The Commission may accept donations from non-
Federal sources to defray the costs of the operations of the
Commission.
SEC. 8. TERMINATION.
The Commission shall terminate on the date that is 30 days after
the date on which the Commission submits to the Secretary of the
Interior the report under section 4(b).
SEC. 9. REPORTS TO CONGRESS.
Not later than 2 years and not later than 5 years after the date on
which the Commission submits to the Secretary of the Interior the
report under section 4, the Secretary of the Interior shall submit to
Congress a report describing the actions that have been taken to
preserve the sites identified in the Commission report as being of
historical significance.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Women's Progress Commemoration Act - Establishes the Women's Progress Commemoration Commission to, in cooperation with the Secretary of the Interior and other appropriate Federal, State, and local public and private entities, prepare and submit to the Secretary a report that: (1) identifies sites of historical significance to the women's movement; and (2) recommends actions, under the National Historic Preservation Act and other law, to rehabilitate and preserve the sites and provide to the public interpretive and educational materials and activities at the sites.
Authorizes appropriations.
Requires the Secretary, after receipt of the Commission's report, to report to the Congress on the actions that have been taken to preserve the sites identified in the Commission's report as being of historical significance. | Women's Progress Commemoration Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Palmetto Bend Conveyance Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Project.--the term ``Project'' means the Palmetto Bend
Reclamation Project in the State of Texas authorized under Public
Law 90-562 (82 Stat. 999).
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) State.--The term ``State'' means the State of Texas, acting
through the Texas Water Development Board or the Lavaca-Navidad
River Authority or both.
SEC. 3. CONVEYANCE.
(a) In General.--The Secretary shall, as soon as practicable after
the date of enactment of this Act and in accordance with all applicable
law, and subject to the conditions set forth in sections 4 and 5,
convey to the State all right, title and interest (excluding the
mineral estate) in and to the Project held by the United States.
(b) Report.--If the conveyance under section 3 has not been
completed within 1 year and 180 days after the date of enactment of
this Act, the Secretary shall submit to the Committee on Resources of
the House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report that describes--
(1) the status of the conveyance;
(2) any obstacles to completion of the conveyance; and
(3) the anticipated date for completion of the conveyance.
SEC. 4. PAYMENT.
(a) In General.--As a condition of the conveyance, the State shall
pay the Secretary the adjusted net present value of current repayment
obligations on the Project, calculated 30 days prior to closing using a
discount rate equal to the average interest rate on 30-year United
States Treasury notes during the preceding calendar month, which
following application of the State's August 1, 1999 payment, was, as of
October 1999, calculated to be $45,082,675 using a discount rate of
6.070 percent. The State shall also pay interest on the adjusted net
present value of current repayment obligations from the date of the
State's most recent annual payment until closing at the interest rate
for constant maturity United States Treasury notes of an equivalent
term.
(b) Obligation Extinguished.--Upon payment by the State under
subsection (a), the obligation of the State and the Bureau of
Reclamation under the Bureau of Reclamation Contract No. 14-06-500-
1880, as amended shall be extinguished. After completion of conveyance
provided for in section 3, the State shall assume full responsibility
for all aspects of operation, maintenance and replacement of the
Project.
(c) Additional Costs.--The State shall bear the cost of all
boundary surveys, title searches, appraisals, and other transaction
costs for the conveyance.
(d) Reclamation Fund.--All funds paid by the State to the Secretary
under this section shall be credited to the Reclamation Fund in the
Treasury of the United States.
SEC. 5. FUTURE MANAGEMENT.
(a) In General.--As a condition of the conveyance under section 3,
the State shall agree that the lands, water, and facilities of the
Project shall continue to be managed and operated for the purposes for
which the Project was originally authorized; that is, to provide a
dependable municipal and industrial water supply, to conserve and
develop fish and wildlife resources, and to enhance recreational
opportunities. In future management of the Project, the State shall,
consistent with other project purposes and the provision of dependable
municipal and industrial water supply--
(1) provide full public access to the Project's lands, subject
to reasonable restrictions for purposes of Project security, public
safety, and natural resource protection;
(2) not sell or otherwise dispose of the lands conveyed under
section 3;
(3) prohibit private or exclusive uses of lands conveyed under
section 3;
(4) maintain and manage the Project's fish and wildlife
resource and habitat for the benefit and enhancement of those
resources;
(5) maintain and manage the Project's existing recreational
facilities and assets, including open space, for the benefit of the
general public;
(6) not charge the public recreational use fees that are more
than is customary and reasonable.
(b) Fish, Wildlife, and Recreation Management.--As a condition of
conveyance under section 3, management decisions and actions affecting
the public aspects of the Project (namely, fish, wildlife, and
recreation resources) shall be conducted according to a management
agreement between all recipients of title to the Project and the Texas
Parks and Wildlife Department that has been approved by the Secretary
and shall extend for the useful life of the Project.
(c) Existing Obligations.--The United States shall assign to the
State and the State shall accept all surface use obligations of the
United States associated with the Project existing on the date of the
conveyance including contracts, easements, and any permits or license
agreements.
SEC. 6. MANAGEMENT OF MINERAL ESTATE.
All mineral interests in the Project retained by the United States
shall be managed consistent with Federal law and in a manner that will
not interfere with the purposes for which the Project was authorized.
SEC. 7. LIABILITY.
(a) In General.--Effective on the date of conveyance of the
Project, the United States shall not be liable for damages of any kind
arising out of any act, omission, or occurrence relating to the
Project, except for damages caused by acts of negligence committed
prior to the date of conveyance by--
(1) the United States; or
(2) an employee, agent, or contractor of the United States.
(b) No Increase in Liability.--Nothing in this Act increases the
liability of the United States beyond that provided for in the Federal
Tort Claims Act (28 U.S.C. 2671 et seq.).
SEC. 8. FUTURE BENEFITS.
(a) Deauthorization.--Effective on the date of conveyance of the
Project, the Project conveyed under this Act shall be deauthorized.
(b) No Reclamation Benefits.--After deauthorization of the Project
under subsection (a), the State shall not be entitled to receive any
benefits for the Project under Federal reclamation law (the Act of June
17, 1902 (32 Stat. 388, chapter 1093)), and Acts supplemental to and
amendatory of that Act (43 U.S.C. 371 et seq.).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Requires the Secretary, if the conveyance has not been completed within one year and 180 days after the enactment date of this Act, to report to the House Committee on Resources and the Senate Committee on Energy and Natural Resources on the conveyance's status, any obstacles to completion, and the anticipated completion date.
Directs the State, as a condition of the conveyance, to pay to the Secretary the adjusted net present value of current repayment obligations on the Project as prescribed by this Act. Requires the State to also pay interest on the adjusted net present value of such obligations from the date of the State's most recent annual payment until closing at the interest rate for constant maturity U.S. Treasury notes of an equivalent term. Extinguishes the State's and the Bureau of Reclamation's obligation under a specified Bureau contract upon payment by the State of such amount. Requires the State, after completion of the conveyance, to assume full responsibility for all aspects of operation, maintenance, and replacement of the Project.
Requires the State, as a condition of the conveyance, to agree that the lands, water, and facilities of the Project shall continue to be managed and operated for the purposes for which the Project was originally authorized; that is, to provide a dependable municipal and industrial water supply, to conserve and develop fish and wildlife resources, and to enhance recreational opportunities. Requires the State, in future management of the Project, consistent with other project purposes and the provision of such a water supply, to: (1) provide full public access to the Project's lands, subject to reasonable restrictions for purposes of Project security, public safety, and natural resource protection; (2) not sell or otherwise dispose of the lands conveyed under this Act; (3) prohibit private or exclusive uses of such lands; (4) maintain and manage the Project's fish and wildlife resource and habitat for the benefit and enhancement of those resources; (5) maintain and manage the Project's existing recreational facilities and assets, including open space for the benefit of the public; and (6) not charge the public recreational use fees that are more than is customary and reasonable.
Provides that, as a condition of the conveyance, management decisions and actions affecting the Project's public aspects (namely fish, wildlife, and recreation resources) shall: (1) be conducted according to a management agreement between all recipients of title to the Project and the Texas Parks and Wildlife Department that has been approved by the Secretary; and (2) extend for the useful life of the Project.
Requires all mineral interests in the Project retained by the United States to be managed consistent with Federal law and in a manner that will not interfere with the purposes for which the Project was authorized.
States that nothing in this Act increases the liability of the United States beyond that provided for in the Federal Tort Claims Act.
Deauthorizes the Project on the date of its conveyance. Specifies that the State shall not be entitled to receive any benefits for the Project after deauthorization. | Palmetto Bend Conveyance Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``COLA Fairness Act of 2005''.
SEC. 2. REGIONAL CONSUMER PRICE INDEX.
(a) Recognition of Regions.--The Bureau of Labor Statistics of the
Department of Labor shall establish and publish a mapping of the United
States under which 14 regions are recognized comprising the United
States. Each region shall include one of the cities listed in
subsection (b).
(b) Specified Cities.--The cities specified in this subsection are
the following:
(1) Atlanta, Georgia;
(2) Boston, Massachusetts;
(3) Chicago, Illinois;
(4) Cleveland, Ohio;
(5) Dallas, Texas;
(6) Detroit, Michigan;
(7) Philadelphia, Pennsylvania;
(8) Houston, Texas;
(9) Los Angeles, California;
(10) Miami, Florida;
(11) New York, New York;
(12) San Francisco, California;
(13) Seattle, Washington; and
(14) Washington, District of Columbia.
(c) Establishment of Regional Consumer Price Indices.--The Bureau
shall establish and publish for each region recognized pursuant to
subsection (a) a monthly index for the region, to be known as the
``Regional Consumer Price Index'' for the region, that indicates
changes over time in expenditures for consumption which are typical for
individuals residing in the region.
(d) Effective Date.--The preceding provisions of this section shall
apply with respect to calendar months beginning on or after January 1,
2007.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the provisions of
this section.
SEC. 3. COMPUTATION OF SOCIAL SECURITY COST-OF-LIVING INCREASES.
(a) Amendments to Title II.--
(1) In general.--Section 215(i) of the Social Security Act
(42 U.S.C. 415(i)) is amended--
(A) in paragraph (1)(G), by inserting before the
period the following: ``, and, with respect to an
individual who, at the time he initially becomes
eligible for old-age insurance benefits or disability
insurance benefits (or dies before initially becoming
so eligible), resides in a region of the United States
recognized by the Bureau of Labor Statistics pursuant
to section 2(a) of the COLA Fairness Act of 2005, the
applicable Consumer Price Index shall be deemed to be
the Regional Consumer Price Index for such region'';
and
(B) in paragraph (4), by striking ``and by section
9001'' and inserting ``, by section 9001'', and by
inserting after ``1986,'' the following: ``and by
section 3(a) of the COLA Fairness Act of 2005,''.
(2) Conforming amendments relating to applicable former
law.--Section 215(i)(4) of such Act (42 U.S.C. 415(i)(4)) is
amended by adding at the end the following new sentence: ``For
purposes of computing adjustments under this subsection as so
in effect, the applicable Consumer Price Index shall be deemed
to be the Regional Consumer Price Index for the region in which
such individual resides at the time he becomes eligible for
old-age insurance benefits or disability insurance benefits (or
dies before initially becoming so eligible).''.
(b) 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 of the second calendar year following the
calendar year in which this Act is enacted.
SEC. 4. AMENDMENTS TO TITLE XVIII OF THE SOCIAL SECURITY ACT.
(a) In General.--Title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.) is amended--
(1) in section 1814(i)(2)(B), by inserting ``(i) for
accounting years ending before October 1 of the second calendar
year following the calendar year in which the COLA Fairness Act
of 2005 was enacted,'' after ``for a year is'', and by
inserting after ``fifth month of the accounting year'' the
following: ``, and (ii) for accounting years ending after
October 1 of such calendar year, the cap amount determined
under clause (i) for the last accounting year referred to in
such clause, increased or decreased by the same percentage as
the percentage increase or decrease, respectively, in the
medical care expenditure category (or corresponding category)
of the applicable consumer price index, published by the Bureau
of Labor Statistics, from March of such calendar year to the
fifth month of the accounting year'';
(2) in section 1821(c)(2)(C)(ii)(II), by striking
``consumer price index for all urban consumers (all items;
United States city average)'' and inserting ``applicable
consumer price index'';
(3) in section 1833(h)(2)(A)(i), by striking ``Consumer
Price Index for All Urban Consumers (United States city
average)'' and inserting ``applicable consumer price index'';
(4) in section 1833(i)(2)(C)(i), by striking ``Consumer
Price Index for all urban consumers (U.S. city average)'' and
inserting ``applicable consumer price index'';
(5) in section 1834(a)(14)(J), by striking ``consumer price
index for all urban consumers (United States city average)''
and inserting ``applicable consumer price index'';
(6) in section 1834(h)(4)(A)(x), by striking ``consumer
price index for all urban consumers (United States city
average)'' and inserting ``applicable consumer price index'';
(7) in section 1834(l)(3)(B), by striking ``consumer price
index for all urban consumers (U.S. city average)'' and
inserting ``applicable consumer price index'';
(8) in section 1839(i)(5)(A)(ii), by striking ``Consumer
Price Index for all urban consumers (United States city
average)'' and inserting ``applicable consumer price index'';
(9) in section 1842(b)(19), by striking ``consumer price
index for all urban consumers (U.S. city average)'' and
inserting ``applicable consumer price index'';
(10) in section 1842(o)(5)(C), by striking ``consumer price
index'' and inserting ``applicable consumer price index'';
(11) in section 1842(s)(1), by striking ``consumer price
index for all urban consumers (United States city average)''
and inserting ``applicable consumer price index'';
(12) in subparagraphs (D)(ii) and (E)(i)(II) of section
1860D-14(a)(3), by striking ``consumer price index (all items;
U.S. city average)'' and inserting ``applicable consumer price
index'' each place it appears;
(13) in clauses (i) and (ii) of section 1860D-14(a)(4)(A),
by striking ``consumer price index (all items; U.S. city
average)'' and inserting ``applicable consumer price index''
each place it appears;
(14) in section 1869(b)(1)(E)(iii), by inserting ``(I) for
any such year ending before the second calendar year following
the calendar year in which the COLA Fairness Act of 2005 was
enacted,'' after ``shall be equal to'', and by inserting after
``the year involved'' the following ``, and (II) for any such
year ending with or after such second calendar year, such
dollar amounts determined under subclause (I) for the year
preceding such second calendar year, increased by the
percentage increase in the medical care component (or
corresponding component) of the applicable consumer price
index, published by the Bureau of Labor Statistics, for July of
such preceding year to July preceding the year involved'';
(15) in section 1882(p)(11)(C)(ii), by striking ``Consumer
Price Index for all urban consumers (all items; U.S. city
average)'' and inserting ``applicable consumer price index'';
(16) in section 1886(h)(2)(E)(vi)(II), by striking ``for
all urban consumers''; and
(17) in section 1886(h)(5)(B), by striking ``Consumer Price
Index for All Urban Consumers (United States city average), as
published by the Secretary of Commerce'' and inserting
``applicable consumer price index''.
(b) Definition of Applicable Consumer Price Index.--Section 1861 of
such Act (42 U.S.C. 1395x) is amended by adding at the end the
following new subsection:
``Applicable Consumer Price Index
``(bbb) The term `applicable consumer price index' means, in
connection with any person affected by an adjustment to be made under
this title based on such index, the Regional Consumer Price Index (as
prescribed from time to time by the Bureau of Labor Statistics pursuant
to section 2(c) of the COLA Fairness Act of 2005) for the region in
which such person resides (in the case of an individual) or maintains
principal offices (in any other case) at the time the adjustment takes
effect. The Secretary of Health and Human Services shall prescribe by
regulation, in connection with each requirement for an adjustment under
this title based on a Regional Consumer Price Index, the manner in
which such adjustment is to be determined to affect particular persons
for purposes of this subsection.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to determinations made for periods ending after
December 31 of the second calendar year following the calendar year in
which this Act was enacted. | COLA Fairness Act of 2005 - Requires the Bureau of Labor Statistics of the Department of Labor to establish: (1) a mapping of the United States comprising 14 specified regions; and (2) particular monthly consumer price indices for such regions for computation of cost-of-living increases for Social Security and Medicare (title XVIII of the Social Security Act) benefits. | To require the establishment of regional consumer price indices to compute cost-of-living increases under the programs for Social Security and Medicare and other medical benefits under titles II and XVIII of the Social Security Act. |
That this Act may be
referred to as the ``Outer Continental Shelf Deep Water Royalty Relief
Act''.
Sec. 2. Amendments to the Outer Continental Shelf Lands Act.--The
Outer Continental Shelf Lands Act, as amended, is amended by
redesignating section 8(a)(3) (43 U.S.C. 1337(a)(3)) as section
8(a)(3)(A) and by adding at the end thereof the following:
``(B) The Secretary may, in order to promote development
and new production on a producing or non-producing lease,
through primary, secondary, or tertiary recovery means, or to
encourage production of marginal or uneconomic resources on a
producing or non-producing lease, reduce or suspend any royalty
or net profit share set forth in the lease.
``(C)(i) Notwithstanding the provisions of this Act other
than this subparagraph, no royalty payment shall be due on new
production, as defined in -c-l-a-u-s-e -(-i-i-) clause (iii) of
this subparagraph, from any lease located in water depths of
200 meters or greater in the Western and Central Planning Areas
of the Gulf of Mexico, and the Eastern Planning Area of the
Gulf of Mexico west of the lateral seaward boundary between the
States of Florida and Alabama, or for any lease in the frontier
areas of Alaska, which shall, at a minimum, include those areas
with seasonal sea ice, long distances to existing pipelines and
ports, or a lack of production infrastructure, until the
capital costs directly related to such new production have been
recovered by the lessee out of the proceeds from such new
production.
``(ii) With respect to any lease in existence on the date
of enactment of the Outer Continental Shelf Deep Water Royalty
Relief Act meeting the requirements of this subparagraph, upon
application by the lessee, the Secretary shall determine within
ninety days of such application whether new production from
such lease would be economic in the absence of the relief from
the requirement to pay royalties provided for by clause (i) of
this subparagraph. In making such determination, the Secretary
shall consider all costs associated with obtaining, exploring,
developing, and producing from the lease. The lessee shall be
afforded an opportunity to provide information to the Secretary
prior to such determination. Such application may be made on
the basis of an individual lease or unit (as defined under the
provisions of 30 CFR part 250). If the Secretary determines
that such new production would be economic in the absence of
the relief from the requirement to pay royalties provided for
by clause (i) of this subparagraph, the provisions of clause
(i) of this subparagraph shall not apply to such production.
Redetermination of the applicability of clause (i) shall be
undertaken by the Secretary when requested by the lessee upon
significant change in the factors upon which the original
determination was made. The Secretary shall make such
redetermination within sixty days of such application. The
Secretary may extend the time period for making any
determination under this clause for thirty days if
circumstances so warrant. The lessee shall be notified in
writing of any determination or redetermination and the reasons
for and assumptions used for such determination. In the event
that the Secretary fails to make the determination or
redetermination upon application by the lessee within the time
period, together with any such extension thereof provided for
by this clause, the relief from the requirement to pay
royalties provided for by clause (i) shall apply to such
production.
``-(-i-i-) (iii) For purposes of this subparagraph, the
term--
``(aa) `capital costs' shall be defined by the
Secretary and shall include exploration costs incurred
after the acquisition of the lease and development
costs directly related to new production. The terms
`exploration' and `development' shall have the same
meaning contained in subsections (k) and (l) of section
2 of this Act except the term `development' shall also
include any similar additional development activities
which take place after production has been initiated
from such lease. Such capital costs shall not include
any amounts paid as bonus bids but shall be adjusted to
reflect changes in the consumer price index, as defined
in section (1)(f)(4) of title 26 of the United States
Code; and
``(bb) `new production' is--
``(I) any production from a lease from
which no royalties are due on production, other
than test production, prior to the date of
enactment of the Outer Continental Shelf Deep
Water Royalty Relief Act; or
``(II) any production resulting from lease
development activities pursuant to a
Development Operations Coordination Document
approved by the Secretary after the date of
enactment of the Outer Continental Shelf Deep
Water Royalty Relief Act; and
``-(-i-i-i-) (iv) In any month during which the arithmetic
average of the closing prices for the earliest delivery month
on the New York Mercantile Exchange for Light Sweet crude oil
exceeds $28.00 per barrel, any production of oil subject to
relief from the requirement to pay royalties under clause (i)
of this subparagraph shall be subject to royalties at the lease
stipulated rate, and the lessee's gross proceeds from such oil
production, less Federal royalties, during such month shall be
counted toward the recovery of capital costs under clause (i)
of this subparagraph.
``-(-i-v-) (v) In any month during which the arithmetic
average of the closing prices for the earliest delivery month
on the New York Mercantile Exchange for natural gas exceeds
$3.50 per million British thermal units, any production of
natural gas subject to relief from the requirement to pay
royalties under clause (i) of this subparagraph shall be
subject to royalties at the lease stipulated rate, and the
lessee's gross proceeds from such natural gas production, less
Federal royalties, during such month shall be counted toward
the recovery of capital costs under clause (i) of this
subparagraph.
``-(-v-) (vi) The prices referred to in -c-l-a-u-s-e-s
-(-i-i-i-) -a-n-d -(-i-v-) clauses (iv) and (v) of this
subparagraph shall be changed during any calendar year after
-1-9-9-3 1994 by the percentage if any by which the consumer
price index changed during the preceding calendar year, as
defined in section (1)(f)(4) of title 26 of the United States
Code.''.
Sec. 3. Regulations.--The Secretary shall promulgate such rules and
regulations as are necessary to implement the provisions of this Act
within one hundred and eighty days after the date of enactment of this
Act.
Sec. 4. Area-Wide Leasing.--The Secretary shall not implement the
system of tract nomination for oil and gas leasing in the Central and
Western Planning Areas of the Gulf of Mexico under the Outer
Continental Shelf Lands Act, and shall use the existing area-wide
system of leasing in such areas.
Sec. 5. Report to Congress.--(a) The Secretary shall review Federal
regulations and policies within the Secretary's jurisdiction which
create barriers and disincentives that unnecessarily preclude new
production, or result in premature abandonment or suspension of
existing production of oil and gas on Federal lands, including the
Outer Continental Shelf. Such review, conducted with the participation
of all interested parties, shall assess how Federal policies could be
modified to reduce compliance costs and improve the cash flow of oil
and gas operations on Federal lands. The review shall include
administrative compliance, royalty collection, timing of operational
and production management requirements, such as permanent plugging and
abandonment of wells, and any other requirements which unduly burden
natural gas and oil exploration, production and transportation on
Federal lands.
(b) The Secretary shall evaluate the impact, if any, of current
royalty rates for oil and gas on Federal lands, both onshore and
offshore, on the viability of undeveloped fields by general category,
such as production volume, crude quality, water depth, and distance
from existing infrastructure. The review shall be based on current
industry technology and cost information, and shall assess how a
reduction in Federal oil and natural gas royalties would encourage
development.
(c) The Secretary shall report to the Committee on Energy and
Natural Resources of the United States Senate and to the United States
House of Representatives on the review required by this section and
actions taken as recommended pursuant to such review, or the reason
such actions have not been taken, within ninety days of the date of
enactment of this Act. | Outer Continental Shelf Deep Water Royalty Relief Act - Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to reduce or suspend any royalty or net profit share set forth in a lease in order to promote development and new production and to encourage production of marginal or uneconomic resources.
Declares that with respect to leases in certain Planning Areas of the Gulf of Mexico, and certain leases in the Alaska frontier, royalty payment shall not be due on new production until the capital costs directly related to production have been recovered out of new production proceeds. Prescribes procedures under which the Secretary shall determine whether such relief from royalty payments shall apply.
Prohibits the Secretary from implementing a tract nomination system for oil and gas leasing in the Central and Western Planning Areas of the Gulf of Mexico. Requires the Secretary to use the existing area-wide leasing system instead.
Directs the Secretary to review and report to certain congressional committees on Federal regulations which create disincentives to oil and gas production on Federal lands. | Outer Continental Shelf Deep Water Royalty Relief Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Railroad Antitrust Enforcement Act
of 2009''.
SEC. 2. INJUNCTIONS AGAINST RAILROAD COMMON CARRIERS.
The proviso in section 16 of the Clayton Act (15 U.S.C. 26) ending
with ``Code.'' is amended to read as follows: ``Provided, That nothing
herein contained shall be construed to entitle any person, firm,
corporation, or association, except the United States, to bring suit
for injunctive relief against any common carrier that is not a railroad
subject to the jurisdiction of the Surface Transportation Board under
subtitle IV of title 49, United States Code.''.
SEC. 3. MERGERS AND ACQUISITIONS OF RAILROADS.
The sixth undesignated paragraph of section 7 of the Clayton Act
(15 U.S.C. 18) is amended to read as follows:
``Nothing contained in this section shall apply to transactions
duly consummated pursuant to authority given by the Secretary of
Transportation, Federal Power Commission, Surface Transportation Board
(except for transactions described in section 11321 of that title), the
Securities and Exchange Commission in the exercise of its jurisdiction
under section 10 (of the Public Utility Holding Company Act of 1935),
the United States Maritime Commission, or the Secretary of Agriculture
under any statutory provision vesting such power in the Commission,
Board, or Secretary.''.
SEC. 4. LIMITATION OF PRIMARY JURISDICTION.
The Clayton Act is amended by adding at the end thereof the
following:
``Sec. 29. In any civil action against a common carrier railroad
under section 4, 4C, 15, or 16 of this Act, the district court shall
not be required to defer to the primary jurisdiction of the Surface
Transportation Board.''.
SEC. 5. FEDERAL TRADE COMMISSION ENFORCEMENT.
(a) Clayton Act.--Section 11(a) of the Clayton Act (15 U.S.C.
21(a)) is amended by striking ``subject to jurisdiction'' and all that
follows through the first semicolon and inserting ``subject to
jurisdiction under subtitle IV of title 49, United States Code (except
for agreements described in section 10706 of that title and
transactions described in section 11321 of that title);''.
(b) FTC Act.--Section 5(a)(2) of the Federal Trade Commission Act
(15 U.S.C. 45(a)(2)) is amended by striking ``common carriers subject''
and inserting ``common carriers, except for railroads, subject''.
SEC. 6. EXPANSION OF TREBLE DAMAGES TO RAIL COMMON CARRIERS.
Section 4 of the Clayton Act (15 U.S.C. 15) is amended by--
(1) redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) inserting after subsection (a) the following:
``(b) Subsection (a) shall apply to a common carrier by railroad
subject to the jurisdiction of the Surface Transportation Board under
subtitle IV of title 49, United States Code, without regard to whether
such railroads have filed rates or whether a complaint challenging a
rate has been filed.''.
SEC. 7. TERMINATION OF EXEMPTIONS IN TITLE 49.
(a) In General.--Section 10706 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (2)(A), by striking ``, and the
Sherman Act (15 U.S.C. 1 et seq.),'' and all that
follows through ``or carrying out the agreement'' in
the third sentence;
(B) in paragraph (4)--
(i) by striking the second sentence; and
(ii) by striking ``However, the'' in the
third sentence and inserting ``The''; and
(C) in paragraph (5)(A), by striking ``, and the
antitrust laws set forth in paragraph (2) of this
subsection do not apply to parties and other persons
with respect to making or carrying out the agreement'';
and
(2) by striking subsection (e) and inserting the following:
``(e) Application of Antitrust Laws.--
``(1) In general.--Nothing in this section exempts a
proposed agreement described in subsection (a) from the
application of the Sherman Act (15 U.S.C. 1 et seq.), the
Clayton Act (15 U.S.C. 12, 14 et seq.), the Federal Trade
Commission Act (15 U.S.C. 41 et seq.), section 73 or 74 of the
Wilson Tariff Act (15 U.S.C. 8 and 9), or the Act of June 19,
1936 (15 U.S.C. 13, 13a, 13b, 21a).
``(2) Antitrust analysis to consider impact.--In reviewing
any such proposed agreement for the purpose of any provision of
law described in paragraph (1), the Board shall take into
account, among any other considerations, the impact of the
proposed agreement on shippers, on consumers, and on affected
communities.''.
(b) Combinations.--Section 11321 of title 49, United States Code,
is amended--
(1) in subsection (a)--
(A) by striking ``The authority'' in the first
sentence and inserting ``Except as provided in sections
4 (15 U.S.C. 15), 4C (15 U.S.C. 15c), section 15 (15
U.S.C. 25), and section 16 (15 U.S.C. 26) of the
Clayton Act (15 U.S.C. 21(a)), the authority''; and
(B) by striking ``is exempt from the antitrust laws
and from all other law,'' in the third sentence and
inserting ``is exempt from all other law (except the
antitrust laws referred to in subsection (c)),''; and
(2) by adding at the end the following:
``(c) Application of Antitrust Laws.--
``(1) In general.--Nothing in this section exempts a
transaction described in subsection (a) from the application of
the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15
U.S.C. 12, 14 et seq.), the Federal Trade Commission Act (15
U.S.C. 41 et seq.), section 73 or 74 of the Wilson Tariff Act
(15 U.S.C. 8-9), or the Act of June 19, 1936 (15 U.S.C. 13,
13a, 13b, 21a). The preceding sentence shall not apply to any
transaction relating to the pooling of railroad cars approved
by the Surface Transportation Board or its predecessor agency
pursuant to section 11322 of title 49, United States Code.
``(2) Antitrust analysis to consider impact.--In reviewing
any such transaction for the purpose of any provision of law
described in paragraph (1), the Board shall take into account,
among any other considerations, the impact of the transaction
on shippers and on affected communities.''.
(c) Conforming Amendments.--
(1) The heading for section 10706 of title 49, United
States Code, is amended to read as follows: ``Rate
agreements''.
(2) The item relating to such section in the chapter
analysis at the beginning of chapter 107 of such title is
amended to read as follows:
``10706. Rate agreements.''.
SEC. 8. EFFECTIVE DATE.
(a) In General.--Subject to the provisions of subsection (b), this
Act shall take effect on the date of enactment of this Act.
(b) Conditions.--
(1) Previous conduct.--A civil action under section 4, 15,
or 16 of the Clayton Act (15 U.S.C. 15, 25, 26) or complaint
under section 5 of the Federal Trade Commission Act (15 U.S.C.
45) may not be filed with respect to any conduct or activity
that occurred prior to the date of enactment of this Act that
was previously exempted from the antitrust laws as defined in
section 1 of the Clayton Act (15 U.S.C. 12) by orders of the
Interstate Commerce Commission or the Surface Transportation
Board issued pursuant to law.
(2) Grace period.--A civil action or complaint described in
paragraph (1) may not be filed earlier than 180 days after the
date of enactment of this Act with respect to any previously
exempted conduct or activity or previously exempted agreement
that is continued subsequent to the date of enactment of this
Act. | Railroad Antitrust Enforcement Act of 2009 - Amends the Clayton Act to grant the United States exclusive authority to bring suit for injunctive relief against a common carrier that is not a rail common carrier subject to the jurisdiction of the Surface Transportation Board (STB).
Revises provisions prohibiting anticompetitive transactions except for those approved by specified federal agencies acting under certain statutes to eliminate the exemption for certain STB approved transactions.
Provides that, in any civil action against a rail common carrier, the U.S. district court shall not be required to defer to the primary jurisdiction of the STB.
Empowers the Federal Trade Commission (FTC) to regulate, and engage in antitrust enforcement regarding, collective rate agreements and certain transactions, including railroad mergers and acquisitions.
Permits treble damages against railroad common carriers in antitrust suits to parties injured by antitrust violations without regard to whether such railroads have filed rates or whether a complaint challenging rates has been filed.
Amends federal transportation law to terminate the exemptions from antitrust laws for collective ratemaking agreements.
Requires the STB, when reviewing a proposed agreement, to take into account its impact upon shippers, consumers, and affected communities.
Revises STB authority to provide that a rail carrier, corporation, or a person participating in an approved transaction is not exempt from specified antitrust laws. Makes such provision inapplicable to any transaction relating to the pooling of railroad cars approved by the STB or its predecessor agency. | A bill to amend the Federal antitrust laws to provide expanded coverage and to eliminate exemptions from such laws that are contrary to the public interest with respect to railroads. |
SECTION 1. TRAFFICKING IN COUNTERFEIT MARKS.
(a) Short Title; Findings.--
(1) Short title.--This section may be cited as the ``Stop
Counterfeiting in Manufactured Goods Act''.
(2) Findings.--The Congress finds that--
(A) the United States economy is losing millions of dollars
in tax revenue and tens of thousands of jobs because of the
manufacture, distribution, and sale of counterfeit goods;
(B) the Bureau of Customs and Border Protection estimates
that counterfeiting costs the United States $200 billion
annually;
(C) counterfeit automobile parts, including brake pads,
cost the auto industry alone billions of dollars in lost sales
each year;
(D) counterfeit products have invaded numerous industries,
including those producing auto parts, electrical appliances,
medicines, tools, toys, office equipment, clothing, and many
other products;
(E) ties have been established between counterfeiting and
terrorist organizations that use the sale of counterfeit goods
to raise and launder money;
(F) ongoing counterfeiting of manufactured goods poses a
widespread threat to public health and safety; and
(G) strong domestic criminal remedies against
counterfeiting will permit the United States to seek stronger
anticounterfeiting provisions in bilateral and international
agreements with trading partners.
(b) Trafficking in Counterfeit Marks.--Section 2320 of title 18,
United States Code, is amended as follows:
(1) Subsection (a) is amended by inserting after ``such goods
or services'' the following: ``, or intentionally traffics or
attempts to traffic in labels, patches, stickers, wrappers, badges,
emblems, medallions, charms, boxes, containers, cans, cases,
hangtags, documentation, or packaging of any type or nature,
knowing that a counterfeit mark has been applied thereto, the use
of which is likely to cause confusion, to cause mistake, or to
deceive,''.
(2) Subsection (b) is amended to read as follows:
``(b)(1) The following property shall be subject to forfeiture to
the United States and no property right shall exist in such property:
``(A) Any article bearing or consisting of a counterfeit mark
used in committing a violation of subsection (a).
``(B) Any property used, in any manner or part, to commit or to
facilitate the commission of a violation of subsection (a).
``(2) The provisions of chapter 46 of this title relating to civil
forfeitures, including section 983 of this title, shall extend to any
seizure or civil forfeiture under this section. At the conclusion of
the forfeiture proceedings, the court, unless otherwise requested by an
agency of the United States, shall order that any forfeited article
bearing or consisting of a counterfeit mark be destroyed or otherwise
disposed of according to law.
``(3)(A) The court, in imposing sentence on a person convicted of
an offense under this section, shall order, in addition to any other
sentence imposed, that the person forfeit to the United States--
``(i) any property constituting or derived from any proceeds
the person obtained, directly or indirectly, as the result of the
offense;
``(ii) any of the person's property used, or intended to be
used, in any manner or part, to commit, facilitate, aid, or abet
the commission of the offense; and
``(iii) any article that bears or consists of a counterfeit
mark used in committing the offense.
``(B) The forfeiture of property under subparagraph (A), including
any seizure and disposition of the property and any related judicial or
administrative proceeding, shall be governed by the procedures set
forth in section 413 of the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 853), other than subsection (d) of that
section. Notwithstanding section 413(h) of that Act, at the conclusion
of the forfeiture proceedings, the court shall order that any forfeited
article or component of an article bearing or consisting of a
counterfeit mark be destroyed.
``(4) When a person is convicted of an offense under this section,
the court, pursuant to sections 3556, 3663A, and 3664, shall order the
person to pay restitution to the owner of the mark and any other victim
of the offense as an offense against property referred to in section
3663A(c)(1)(A)(ii).
``(5) The term `victim', as used in paragraph (4), has the meaning
given that term in section 3663A(a)(2).''.
(3) Subsection (e)(1) is amended--
(A) by striking subparagraph (A) and inserting the
following:
``(A) a spurious mark--
``(i) that is used in connection with trafficking in
any goods, services, labels, patches, stickers, wrappers,
badges, emblems, medallions, charms, boxes, containers,
cans, cases, hangtags, documentation, or packaging of any
type or nature;
``(ii) that is identical with, or substantially
indistinguishable from, a mark registered on the principal
register in the United States Patent and Trademark Office
and in use, whether or not the defendant knew such mark was
so registered;
``(iii) that is applied to or used in connection with
the goods or services for which the mark is registered with
the United States Patent and Trademark Office, or is
applied to or consists of a label, patch, sticker, wrapper,
badge, emblem, medallion, charm, box, container, can, case,
hangtag, documentation, or packaging of any type or nature
that is designed, marketed, or otherwise intended to be
used on or in connection with the goods or services for
which the mark is registered in the United States Patent
and Trademark Office; and
``(iv) the use of which is likely to cause confusion,
to cause mistake, or to deceive; or''; and
(B) by amending the matter following subparagraph (B) to
read as follows:
``but such term does not include any mark or designation used in
connection with goods or services, or a mark or designation applied
to labels, patches, stickers, wrappers, badges, emblems,
medallions, charms, boxes, containers, cans, cases, hangtags,
documentation, or packaging of any type or nature used in
connection with such goods or services, of which the manufacturer
or producer was, at the time of the manufacture or production in
question, authorized to use the mark or designation for the type of
goods or services so manufactured or produced, by the holder of the
right to use such mark or designation.''.
(4) Section 2320 is further amended--
(A) by redesignating subsection (f) as subsection (g); and
(B) by inserting after subsection (e) the following:
``(f) Nothing in this section shall entitle the United States to
bring a criminal cause of action under this section for the repackaging
of genuine goods or services not intended to deceive or confuse.''.
(c) Sentencing Guidelines.--
(1) Review and amendment.--Not later than 180 days after the
date of enactment of this Act, the United States Sentencing
Commission, pursuant to its authority under section 994 of title
28, United States Code, and in accordance with this subsection,
shall review and, if appropriate, amend the Federal sentencing
guidelines and policy statements applicable to persons convicted of
any offense under section 2318 or 2320 of title 18, United States
Code.
(2) Authorization.--The United States Sentencing Commission may
amend the Federal sentencing guidelines in accordance with the
procedures set forth in section 21(a) of the Sentencing Act of 1987
(28 U.S.C. 994 note) as though the authority under that section had
not expired.
(3) Responsibilities of united states sentencing commission.--
In carrying out this subsection, the United States Sentencing
Commission shall determine whether the definition of ``infringement
amount'' set forth in application note 2 of section 2B5.3 of the
Federal sentencing guidelines is adequate to address situations in
which the defendant has been convicted of one of the offenses
listed in paragraph (1) and the item in which the defendant
trafficked was not an infringing item but rather was intended to
facilitate infringement, such as an anti-circumvention device, or
the item in which the defendant trafficked was infringing and also
was intended to facilitate infringement in another good or service,
such as a counterfeit label, documentation, or packaging, taking
into account cases such as U.S. v. Sung, 87 F.3d 194 (7th Cir.
1996).
SEC. 2. TRAFFICKING DEFINED.
(a) Short Title.--This section may be cited as the ``Protecting
American Goods and Services Act of 2005''.
(b) Counterfeit Goods or Services.--Section 2320(e) of title 18,
United States Code, is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) the term `traffic' means to transport, transfer, or
otherwise dispose of, to another, for purposes of commercial
advantage or private financial gain, or to make, import, export,
obtain control of, or possess, with intent to so transport,
transfer, or otherwise dispose of;'';
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
``(3) the term `financial gain' includes the receipt, or
expected receipt, of anything of value; and''.
(c) Conforming Amendments.--
(1) Sound recordings and music videos of live musical
performances.--Section 2319A(e) of title 18, United States Code, is
amended by striking paragraph (2) and inserting the following:
``(2) the term `traffic' has the same meaning as in section
2320(e) of this title.''.
(2) Counterfeit labels for phonorecords, computer programs,
etc.--Section 2318(b) of title 18, United States Code, is amended
by striking paragraph (2) and inserting the following:
``(2) the term `traffic' has the same meaning as in section
2320(e) of this title;''.
(3) Anti-bootlegging.--Section 1101 of title 17, United States
Code, is amended by striking subsection (b) and inserting the
following:
``(b) Definition.--In this section, the term `traffic' has the same
meaning as in section 2320(e) of title 18.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | This measure has not been amended since it was passed by the Senate on February 15, 2006. The summary of that version is repeated here.
Stop Counterfeiting in Manufactured Goods Act - Amends the federal criminal code to revise provisions prohibiting the trafficking in counterfeit goods and services to include trafficking in labels or similar packaging of any type or nature, with knowledge that a counterfeit mark has been applied to such labels or packaging, the use of which is likely to cause confusion, to cause mistake, or to deceive.
Subjects to forfeiture any article that bears or consists of a counterfeit mark and any property used to violate the prohibition against counterfeit marks. Directs a court: (1) at the conclusion of forfeiture proceedings, to order the destruction of any article that bears or consists of a counterfeit mark; and (2) to order any person convicted of using a counterfeit mark to forfeit to the United States property used in commission of the crime and to pay restitution to the owner of the mark and any other affected victim.
Modifies the definition of "counterfeit mark" to include a spurious mark that is applied to or consists of a label or packaging of any type or nature that is designed, marketed, or otherwise intended to be used on or in connection with the goods and services for which the mark is registered in the U.S. Patent and Trademark Office, that is substantially indistinguishable from such registered mark, and that is likely to cause confusion, to cause mistake, or to deceive.
Provides that nothing in this Act shall entitle the United States to bring a criminal prosecution for the repackaging of genuine goods or services not intended to deceive or confuse.
Directs the U.S. Sentencing Commission to: (1) review and amend federal sentencing guidelines and policy statements applicable to persons convicted of trafficking in counterfeit labels or goods and services; and (2) make findings with respect to the definition of "infringement amount."
Protecting American Goods and Services Act of 2005 (sic) - Amends the federal criminal code to modify the definition of "traffic" for purposes of the prohibition against trafficking in counterfeit goods or services to include the motive of commercial advantage or private financial gain in such activity. Applies such definition to related provisions pertaining to: (1) trafficking in sound recordings and music videos of live musical performances; (2) trafficking in counterfeit labels for phonorecords and computer programs; and (3) unauthorized fixation and trafficking in sound recordings and music videos. | To amend title 18, United States Code, to provide criminal penalties for trafficking in counterfeit marks. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Message Preservation
Act''.
SEC. 2. PRESERVATION OF ELECTRONIC MESSAGES.
(a) Requirement for Preservation of Electronic Messages.--
(1) In general.--Chapter 29 of title 44, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2911. Electronic messages
``(a) Regulations Required.--Not later than 18 months after the
date of the enactment of this section, the Archivist shall promulgate
regulations governing agency preservation of electronic messages that
are records. Such regulations shall, at a minimum--
``(1) require the electronic capture, management, and
preservation of such electronic records in accordance with the
records disposition requirements of chapter 33 of this title;
``(2) require that such electronic records are readily
accessible for retrieval through electronic searches;
``(3) establish mandatory minimum functional requirements
for electronic records management systems to ensure compliance
with the requirements in paragraphs (1) and (2);
``(4) establish a process to certify that Federal agencies'
electronic records management systems meet the functional
requirements established under paragraph (3); and
``(5) include timelines for agency compliance with the
regulations that ensure compliance as expeditiously as
practicable but not later than four years after the date of the
enactment of this section.
``(b) Coverage of Other Electronic Records.--To the extent
practicable, the regulations promulgated under subsection (a) shall
also include requirements for the capture, management, and preservation
of other electronic records.
``(c) Compliance by Federal Agencies.--Each Federal agency shall
comply with the regulations promulgated under subsection (a).
``(d) Review of Regulations Required.--The Archivist shall
periodically review and, as necessary, amend the regulations
promulgated under this section.
``(e) Reports on Implementation of Regulations.--
``(1) Agency report to archivist.--Not later than four
years after the date of the enactment of this section, the head
of each Federal agency shall submit to the Archivist a report
on the agency's compliance with the regulations promulgated
under this section.
``(2) Archivist report to congress.--Not later than 90 days
after receipt of all reports required by paragraph (1), the
Archivist shall submit 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
a report on Federal agency compliance with the regulations
promulgated under this section.''.
(2) Clerical amendment.--The table of sections for chapter
29 of title 44, United States Code, is amended by adding after
the item relating to section 2910 the following new item:
``2911. Electronic messages.''.
(b) Definitions.--Section 2901 of title 44, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (14);
(2) by striking the period at the end of paragraph (15) and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(16) the term `electronic messages' means electronic mail
and other electronic messaging systems that are used for
purposes of communicating between individuals; and
``(17) the term `electronic records management system'
means a software system designed to manage electronic records
within an information technology system, including by--
``(A) categorizing and locating records;
``(B) ensuring that records are retained as long as
necessary;
``(C) identifying records that are due for
disposition; and
``(D) the storage, retrieval, and disposition of
records.''.
SEC. 3. PRESIDENTIAL RECORDS.
(a) Additional Regulations Relating to Presidential Records.--
(1) In general.--Section 2206 of title 44, United States
Code, is amended--
(A) by striking ``and'' at the end of paragraph
(3);
(B) by striking the period at the end of paragraph
(4) and inserting ``; and''; and
(C) by adding at the end the following:
``(5) provisions for establishing standards necessary for
the economical and efficient management of Presidential records
during the President's term of office, including--
``(A) records management controls necessary for the
capture, management, and preservation of electronic
messages;
``(B) records management controls necessary to
ensure that electronic messages are readily accessible
for retrieval through electronic searches; and
``(C) a process to certify the electronic records
management system to be used by the President for the
purposes of complying with the requirements in
subparagraphs (A) and (B).''.
(2) Definition.--Section 2201 of title 44, United States
Code, is amended by adding at the end the following new
paragraphs:
``(5) The term `electronic messages' has the meaning
provided in section 2901(16) of this title.
``(6) The term `electronic records management system' has
the meaning provided in section 2901(17) of this title.''.
(b) Certification of President's Management of Presidential
Records.--
(1) Certification required.--Chapter 22 of title 44, United
States Code, is amended by adding at the end the following new
section:
``Sec. 2208. Certification of the President's management of
Presidential records
``(a) Annual Certification.--The Archivist shall annually certify
whether the records management controls established by the President
meet requirements under sections 2203(a) and 2206(5) of this title.
``(b) Report to Congress.--The Archivist shall report annually 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 on the status of the certification.''.
(2) Clerical amendment.--The table of sections for chapter
22 of title 44, United States Code, is amended by adding at the
end the following new item:
``2208. Certification of the President's management of Presidential
records.''.
(c) Report to Congress.--Section 2203(f) of title 44, United States
Code, is amended by adding at the end the following:
``(4) One year following the conclusion of a President's term of
office, or if a President serves consecutive terms one year following
the conclusion of the last term, the Archivist shall submit 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 a report on--
``(A) the volume and format of Presidential records
deposited into that President's Presidential archival
depository; and
``(B) whether the records management controls of that
President met the requirements under sections 2203(a) and
2206(5) of this title.''.
(d) Effective Date.--The amendments made by this section shall take
effect one year after the date of the enactment of this Act.
SEC. 4. PROCEDURES TO PREVENT UNAUTHORIZED REMOVAL OF CLASSIFIED
RECORDS FROM NATIONAL ARCHIVES.
(a) In General.--The Archivist of the United States shall prescribe
internal procedures to prevent the unauthorized removal of classified
records from the National Archives and Records Administration or the
destruction or damage of such records, including when such records are
accessed or searched electronically. The procedures shall include the
following prohibitions:
(1) No person, other than personnel of the National
Archives and Records Administration (in this section hereafter
referred to as ``NARA personnel''), shall view classified
records in any room that is not secure except in the presence
of NARA personnel or under video surveillance.
(2) No person, other than NARA personnel, shall at any time
be left alone with classified records, unless that person is
under video surveillance.
(3) No person, other than NARA personnel, shall conduct any
review of documents while in the possession of any cell phone
or other personal communication device.
(4) All persons seeking access to classified records, as a
precondition to such access, must consent to a search of their
belongings upon conclusion of their records review.
(5) All notes and other writings prepared by persons during
the course of a review of classified records shall be retained
by the National Archives and Records Administration in a secure
facility.
(b) Definition of Records.--In this section, the term ``records''
has the meaning provided in section 3301 of title 44, United States
Code.
SEC. 5. RESTRICTIONS ON ACCESS TO PRESIDENTIAL RECORDS.
Section 2204 of title 44, United States Code (relating to
restrictions on access to presidential records) is amended by adding at
the end the following new subsection:
``(f) The Archivist shall not make available any original
presidential records to any individual claiming access to any
presidential record as a designated representative under section
2205(3) if that individual has been convicted of a crime relating to
the review, retention, removal, or destruction of records of the
Archives.''.
Passed the House of Representatives July 9, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Electronic Message Preservation Act - Requires the Archivist of the United States to promulgate regulations governing federal agency preservation of electronic messages that are federal records and to periodically review and amend, as necessary, such regulations. Requires such regulations to: (1) require the electronic capture, management, and preservation of such electronic records in accordance with the Federal Records Act; (2) require such records to be retrievable through electronic searches; (3) establish mandatory minimum functional requirements for electronic records management systems and a process to certify federal agency compliance with such requirements; (4) include timelines for federal agency compliance; and (5) include requirements for the capture, management, and preservation of other electronic records.
Requires the head of each federal agency to report to the Archivist on the agency's compliance with the Archivist's regulations. Requires the Archivist to report to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs on federal agency compliance.
Requires the Archivist to: (1) establish standards for the management of presidential records during a President's term of office, including records management controls necessary for the capture, management, and preservation of electronic messages and for ensuring that electronic messages are readily accessible for retrieval through electronic searches; (2) certify annually whether records management controls established by a President meet the requirements of the Presidential Records Act; and (3) report annually to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs on the status of such certification.
Requires the Archivist to report to Congress one year after the conclusion of a President's term of office on: (1) the volume and format of presidential records deposited into the archival depository; and (2) whether records management controls of a President meet the requirements of this Act and the Presidential Records Act.
Requires the Archivist to prescribe internal procedures to prevent the unauthorized removal of classified records from the National Archives and Records Administration or the destruction or damage of such records.
Prohibits the Archivist from providing access to original presidential records to individuals who have been convicted of a crime relating to the review, retention, removal, or destruction of records of the National Archives. | To amend title 44, United States Code, to require preservation of certain electronic records by Federal agencies, to require a certification and reports relating to Presidential records, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Railroad Antitrust Enforcement Act
of 2006''.
SEC. 2. INJUNCTIONS AGAINST RAILROAD COMMON CARRIERS.
The proviso in section 16 of the Clayton Act (15 U.S.C. 26) ending
with ``Code.'' is amended to read as follows: ``Provided, That nothing
herein contained shall be construed to entitle any person, firm,
corporation, or association, except the United States, to bring suit
for injunctive relief against any common carrier that is not a railroad
subject to the jurisdiction of the Surface Transportation Board under
subtitle IV of title 49, United States Code.''.
SEC. 3. MERGERS AND ACQUISITIONS OF RAILROADS.
The sixth undesignated paragraph of section 7 of the Clayton Act
(15 U.S.C. 18) is amended to read as follows:
``Nothing contained in this section shall apply to transactions
duly consummated pursuant to authority given by the Secretary of
Transportation, Federal Power Commission, Surface Transportation Board
(except for agreements described in section 10706 of title 49, United
States Code, and transactions described in section 11321 of that
title), the Securities and Exchange Commission in the exercise of its
jurisdiction under section 10 (of the Public Utility Holding Company
Act of 1935), the United States Maritime Commission, or the Secretary
of Agriculture under any statutory provision vesting such power in the
Commission, Board, or Secretary.''.
SEC. 4. LIMITATION OF PRIMARY JURISDICTION.
The Clayton Act is amended by adding at the end thereof the
following:
``Sec. 29. In any civil action against a common carrier railroad
under section 4, 4C, 15, or 16 of this Act, the district court shall
not be required to defer to the primary jurisdiction of the Surface
Transportation Board.''.
SEC. 5. FEDERAL TRADE COMMISSION ENFORCEMENT.
(a) Clayton Act.--Section 11(a) of the Clayton Act (15 U.S.C.
21(a)) is amended by striking ``subject to jurisdiction'' and all that
follows through the first semicolon and inserting ``subject to
jurisdiction under subtitle IV of title 49, United States Code (except
for agreements described in section 10706 of that title and
transactions described in section 11321 of that title);''.
(b) FTC Act.--Section 5(a)(2) of the Federal Trade Commission Act
(15 U.S.C. 44(a)(1)) is amended by striking ``common carriers subject''
and inserting ``common carriers, except for railroads, subject''.
SEC. 6. EXPANSION OF TREBLE DAMAGES TO RAIL COMMON CARRIERS.
Section 4 of the Clayton Act (15 U.S.C. 15) is amended by--
(1) redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) inserting after subsection (a) the following:
``(b) Subsection (a) shall apply to common carriers by rail subject
to the jurisdiction of the Surface Transportation Board under subtitle
IV of title 49, United States Code, without regard to whether such
railroads have filed rates or whether a complaint challenging a rate
has been filed.''.
SEC. 7. TERMINATION OF EXEMPTIONS IN TITLE 49.
(a) In General.--Section 10706 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (2)(A), by striking ``, and the
Sherman Act (15 U.S.C. 1 et seq.),'' and all that
follows through ``or carrying out the agreement'' in
the third sentence;
(B) in paragraph (4)--
(i) by striking the second sentence; and
(ii) by striking ``However, the'' in the
third sentence and inserting ``The''; and
(C) in paragraph (5)(A), by striking ``, and the
antitrust laws set forth in paragraph (2) of this
subsection do not apply to parties and other persons
with respect to making or carrying out the agreement'';
and
(2) by striking subsection (e) and inserting the following:
``(e) Application of Antitrust Laws.--
``(1) In general.--Nothing in this section exempts a
proposed agreement described in subsection (a) from the
application of the Sherman Act (15 U.S.C. 1 et seq.), the
Clayton Act (15 U.S.C. 12, 14 et seq.), the Federal Trade
Commission Act (15 U.S.C. 41 et seq.), section 73 or 74 of the
Wilson Tariff Act (15 U.S.C. 8 and 9), or the Act of June 19,
1936 (15 U.S.C. 13, 13a, 13b, 21a).
``(2) Antitrust analysis to consider impact.--In reviewing
any such proposed agreement for the purpose of any provision of
law described in paragraph (1), the Board and any other
reviewing agency shall take into account, among any other
considerations, the impact of the proposed agreement on
shippers, on consumers, and on affected communities.''.
(b) Combinations.--Section 11321 of title 49, United States Code,
is amended--
(1) in subsection (a)--
(A) by striking ``The authority'' in the first
sentence and inserting ``Except as provided in sections
4 (15 U.S.C. 15), 4C (15 U.S.C. 15c), section 15 (15
U.S.C. 25), and section 16 (15 U.S.C. 26) of the
Clayton Act (15 U.S.C. 21(a)), the authority''; and
(B) by striking ``is exempt from the antitrust laws
and from all other law,'' in the third sentence and
inserting ``is exempt from all other law (except the
antitrust laws referred to in subsection (c)),''; and
(2) by adding at the end the following:
``(c) Application of Antitrust Laws.--
``(1) In general.--Nothing in this section exempts a
transaction described in subsection (a) from the application of
the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15
U.S.C. 12, 14 et seq.), the Federal Trade Commission Act (15
U.S.C. 41 et seq.), section 73 or 74 of the Wilson Tariff Act
(15 U.S.C. 8-9), or the Act of June 19, 1936 (15 U.S.C. 13,
13a, 13b, 21a).
``(2) Antitrust analysis to consider impact.--In reviewing
any such transaction for the purpose of any provision of law
described in paragraph (1), the Board and any other reviewing
agency shall take into account, among any other considerations,
the impact of the transaction on shippers and on affected
communities.''.
(c) Conforming Amendments.--
(1) The heading for section 10706 of title 49, United
States Code, is amended to read as follows: ``Rate
agreements''.
(2) The item relating to such section in the chapter
analysis at the beginning of chapter 107 of such title is
amended to read as follows:
``10706. Rate agreements.''. | Railroad Antitrust Enforcement Act of 2006 - Amends the Clayton Act to grant the United States exclusive authority to bring suit for injunctive relief against a common carrier that is not a rail common carrier subject to the jurisdiction the Surface Transportation Board (STB).
Revises the declaration that prohibitions against mergers and acquisitions that tend to create monopolies shall not apply to certain transactions duly consummated pursuant to specified federal authority. Excepts specified rate agreements between two or more rail carriers (collective rate agreements) and certain transactions, including railroad mergers and acquisitions, from specified antitrust exemptions.
Provides that, in any civil action against a rail common carrier, the U.S. district court shall not be required to defer to the primary jurisdiction of the STB.
Empowers the Federal Trade Commission to regulate, and engage in antitrust enforcement regarding, collective rate agreements and certain transactions, including railroad mergers and acquisitions.
Applies to rail common carriers subject to STB jurisdiction requirements governing the amount of recovery or prejudgment interest (treble damages) by injured persons, without regard to whether: (1) such railroads have filed rates; or (2) a complaint has been filed that challenges a rate.
Amends federal transportation law to terminate the exemptions from antitrust laws for collective ratemaking agreements.
Requires the STB, and other reviewing agencies, when reviewing a proposed agreement, to take into account its impact upon shippers, consumers, and affected communities.
Revises STB authority to provide that a rail carrier, corporation, or a person participating in an approved transaction is not exempt from specified antitrust laws. | A bill to amend the Federal antitrust laws to provide expanded coverage and to eliminate exemptions from such laws that are contrary to the public interest with respect to railroads. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Terrorism Insurance Backstop
Extension Act of 2005''.
SEC. 2. EXTENSION OF TERRORISM INSURANCE PROGRAM.
(a) Program Years 4 and 5.--Paragraph (11) of section 102 of the
Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended
by adding at the end the following new subparagraphs:
``(E) Program year 4.--The term `Program Year 4'
means the period beginning on January 1, 2006 and
ending on December 31, 2006.
``(F) Program year 5.--The term `Program Year 5'
means the period beginning on January 1, 2007 and
ending on December 31, 2007.''.
(b) Insurer Deductible.--Paragraph (7) of section 102 of the
Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended--
(1) by redesignating subparagraph (E) as subparagraph (H);
(2) in subparagraph (D), by striking ``and'' at the end;
(3) by inserting after subparagraph (D) the following new
subparagraphs:
``(E) for Program Year 4, the value of an insurer's
direct earned premiums over the calendar year
immediately preceding Program Year 4, multiplied by 15
percent;
``(F) for Program Year 5, the value of an insurer's
direct earned premiums over the calendar year
immediately preceding Program Year 4, multiplied by 20
percent; and'';
(4) in subparagraph (H) (as so redesignated by paragraph
(1) of this subsection)--
(A) by striking ``(D)'' and inserting ``(F)''; and
(B) by striking ``or Program Year 3'' and inserting
``Program Year 3, Program Year 4, or Program Year 5''.
(c) Mandatory Availability.--Subsection (c) of section 103 of the
Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended--
(1) by striking all of the matter that precedes
subparagraph (A) of paragraph (1) and inserting the following:
``(c) Mandatory Availability.--During the Program, each entity that
meets the definition of an insurer under section 102--'';
(2) by striking paragraph (2); and
(3) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2) and realigning such paragraphs, as so
redesignated, so as to be indented 2 ems from the left margin.
(d) Insured Loss Shared Compensation.--Subsection (e) of section
103 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note)
is amended--
(1) in paragraph (2)(A), by striking ``or Program Year 3''
and inserting ``, Program Year 3, Program Year 4, Program Year
5, or the final Program Year'';
(2) in paragraph (3), by striking ``or Program Year 3'' and
inserting ``, Program Year 3, Program Year 4, Program Year 5,
or the final Program Year'';
(3) in paragraph (6)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C) by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following new
subparagraphs:
``(D) for Program Year 4, the lesser of--
``(i) $17,500,000,000; and
``(ii) the aggregate amount, for all
insurers, of insured losses during such Program
Year;
``(E) for each of Program Year 5 and the Final
Program Year, the lesser of--
``(i) $20,000,000,000; and
``(ii) the aggregate amount, for all
insurers, of insured losses during such Program
Year; and''; and
(4) in paragraph (7)--
(A) in subparagraph (A), by striking ``and (C)''
and inserting ``(C), (D), and (E)''; and
(B) in subparagraphs (B) and (C), by striking ``or
(C)'' each place such term appears and inserting ``(C),
(D), or (E)''.
(e) Coverage of Group Life Insurance.--
(1) In general.--Paragraph (5) of section 102 of the
Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is
amended in the matter that precedes subparagraph (A) by
inserting ``or group life'' after ``property and casualty''.
(2) Technical and conforming amendments.--The Terrorism
Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended--
(A) in section 102--
(i) in paragraph (1)--
(I) in subparagraph (B)(i), by
inserting ``or group life insurance''
after ``workers' compensation''; and
(II) in subparagraph (B)(ii), by
inserting ``and group life insurance''
after ``property and casualty
insurance'';
(ii) in paragraph (4)--
(I) by inserting ``or for group
life insurance'' after ``property and
casualty insurance''; and
(II) by striking ``paragraph (5)''
and inserting ``paragraph (6)'';
(iii) in paragraph (5), by inserting ``and
group life insurance'' after ``workers'
compensation''; and
(iv) in paragraph (6)--
(I) in subparagraph (A)(i), by
inserting ``property and casualty or
group life'' after ``excess'';
(II) in subparagraph (B), by
inserting ``or group life insurance
coverage'' after ``property and
casualty insurance coverage'';
(v) by redesignating paragraphs (5) through
(16) as paragraphs (6) through (17),
respectively; and
(vi) by inserting after paragraph (4), the
following new paragraph:
``(5) Group life insurance.--The term `group life
insurance' means an insurance contract that provides term life
insurance coverage, accidental death coverage, or a combination
thereof, for a number of persons under a single contract, on
the basis of a group selection of risks.'';
(B) in section 103--
(i) in subsection (b)(1), by inserting
``(including a named beneficiary in the case of
a group life insurance policy)'' before the
second comma;
(ii) in subsection (c)--
(I) in paragraph (1) (as so
redesignated by subsection (c)(3) of
this section), by inserting ``and group
life'' after ``property and casualty'';
and
(II) in paragraph (2) (as so
redesignated by subsection (c)(3) of
this section), by inserting ``and group
life'' after ``property and casualty'';
(iii) in subsection (e)--
(I) in paragraph (6), by striking
``For'' and inserting ``Except as
provided in subparagraph (F) of this
paragraph, for'';
(II) in paragraph (6), by inserting
after subparagraph (E) (as added by
subsection (d)(3)(C) of this section)
the following new subparagraph:
``(F) for each of the periods referred to in
subparagraphs (A) through (E), the amounts provided
under such subparagraphs, as such amounts shall be
increased by the Secretary before the expiration of the
90-day period beginning on the date of the enactment of
the Terrorism Insurance Backstop Extension Act of 2005,
based on the increase in the size of the Program caused
by the inclusion of group life insurance pursuant to
such Act, in proportion to the increased premiums
involved.'';
(III) in paragraph (7)(C), by
inserting ``or group life insurance''
after ``workers compensation'';
(IV) in paragraph (8)(A)(i), by
inserting ``and group life'' after
``property and casualty''; and
(V) in paragraph (8), by inserting
``or group life'' after ``property and
casualty'' each place such term appears
in subparagraphs (A)(iii) and (C); and
(iv) by striking subsection (h);
(C) in section 105(c), by inserting ``or group
life'' after ``property and casualty''; and
(D) in section 108(d)(1), by inserting ``and the
group life insurance industry'' after ``property and
casualty insurance industry''.
(3) Required rulemaking.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of the
Treasury shall issue final regulations to carry out this
subsection.
(f) Study on Long-Term Solutions.--Section 103 of the Terrorism
Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by striking
subsection (i) and inserting the following new subsection:
``(h) Study on Long-Term Solutions.--By September 1, 2005, the
Secretary shall conduct a study and submit a report to the Congress on
alternatives for expanding the availability and affordability of
terrorism insurance after the termination of the Program that do not
involve a Federal financial backstop.''.
(g) Termination of Program.--
(1) Termination.--Subsection (a) of section 108 of the
Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is
amended by striking ``December 31, 2005'' and inserting
``December 31, 2007''.
(2) Final gao study and report.--Subsection (d) of section
108 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701
note) is amended by adding at the end the following new
paragraph:
``(3) Final gao study and report.--The Comptroller General
of the United States shall conduct an assessment of the matters
referred to in paragraph (1) and shall submit a report to the
Congress, not later than June 30, 2007, on the results of such
study.''.
SEC. 3. FINAL PROGRAM YEAR.
(a) Definition.--Paragraph (11) of section 102 of the Terrorism
Risk Insurance Act of 2002 (15 U.S.C. 6701 note), as amended by the
preceding provisions of this Act, is further amended by adding at the
end the following new subparagraph:
``(G) Final program year.--The term `Final Program
Year' means the period beginning on January, 1, 2008
and ending on December 31, 2008.''. ''.
(b) Insured Losses.--Paragraph (5) of section 102 of the Terrorism
Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by adding
after and below subparagraph (B) the following new sentence:
``With respect to the Final Program Year, such term means only
such losses as are described in the preceding sentence that are
covered by primary or excess property and casualty insurance or
group life insurance, that is issued before January 1, 2008,
and expires not later than December 31, 2008; except that the
Secretary may exclude from insured losses for the Final Program
Year losses covered by a policy for such insurance if the
Secretary determines that the primary purpose in establishing
the particular term of the policy was obtaining compensation
under the Program for losses covered by the policy.''.
(c) Insurer Deductible.--Paragraph (7) of section 102 of the
Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note), as amended
by the preceding provisions of this Act, is further amended by
inserting after subparagraph (F) the following new subparagraph:
``(G) for the Final Program Year, the value of an
insurer's direct earned premiums for the terms
remaining under any policies for insurance described in
the last sentence of paragraph (5) as of the occurrence
of the act of terrorism during such Year that results
in insured losses, as determined by the Secretary,
multiplied by 20 percent; and''. | Terrorism Insurance Backstop Extension Act of 2005 - Amends the Terrorism Risk Insurance Act of 2002 to define: (1) the term "Program Year 4" as the period from January 1, 2006, through December 31, 2006; and (2) the term "Program Year 5" as the period from January 1, 2007, from December 31, 2007 (thereby extending the terrorism risk insurance program from 2005 through 2007).
Sets a deadline for the Secretary of the Treasury to make a final determination regarding: (1) the availability of group life insurance to both insurers and consumers; and (2) whether certain provisions of the Act shall be applied to providers of group life insurance.
Sunsets the Terrorism Risk Insurance Program after December 31, 2007.
Details the treatment of insured losses and the insurer deductible for the Final Program Year (January 1, 2008, through December 31, 2008). | To extend the terrorism insurance program of the Department of the Treasury. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Identity Theft Prevention
Act of 2010''.
SEC. 2. PROHIBITION OF INCLUSION OF SOCIAL SECURITY ACCOUNT NUMBERS ON
MEDICARE CARDS.
(a) In General.--Section 205(c)(2)(C) of the Social Security Act
(42 U.S.C. 405(c)(2)(C)), as amended by section 1414(a)(2) of the
Patient Protection and Affordable Care Act (Public Law 111-148), is
amended by adding at the end the following new clause:
``(xi) The Secretary of Health and Human Services, in consultation
with the Commissioner of Social Security, shall establish cost-
effective procedures to ensure that a social security account number
(or any derivative thereof) is not displayed, coded, or embedded on the
Medicare card issued to an individual who is entitled to benefits under
part A of title XVIII or enrolled under part B of title XVIII and that
any other identifier displayed on such card is easily identifiable as
not being the social security account number (or a derivative
thereof).''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
apply with respect to Medicare cards issued on and after an
effective date specified by the Secretary of Health and Human
Services, but in no case shall such effective date be later
than the date that is 24 months after the date adequate funding
is provided pursuant to subsection (d)(2).
(2) Reissuance.--Subject to subsection (d)(2), in the case
of individuals who have been issued such cards before such
date, the Secretary of Health and Human Services--
(A) shall provide for the reissuance for such
individuals of such a card that complies with such
amendment not later than 3 years after the effective
date specified under paragraph (1); and
(B) may permit such individuals to apply for the
reissuance of such a card that complies with such
amendment before the date of reissuance otherwise
provided under subparagraph (A) in such exceptional
circumstances as the Secretary may specify.
(c) Outreach Program.--Subject to subsection (d)(2), the Secretary
of Health and Human Services, in consultation with the Commissioner of
Social Security, shall conduct an outreach program to Medicare
beneficiaries and providers about the new Medicare card provided under
this section.
(d) Report to Congress and Limitations on Effective Date.--
(1) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Health and Human
Services, acting through the Administrator of the Centers for
Medicare & Medicaid Services and in consultation with the
Commissioner of Social Security, shall submit to Congress a
report that includes detailed options regarding the
implementation of this section, including line-item estimates
of and justifications for the costs associated with such
options and estimates of timeframes for each stage of
implementation. In recommending such options, the Secretary
shall take into consideration, among other factors, cost-
effectiveness and beneficiary outreach and education.
(2) Limitation; modification of deadlines.--With respect to
the amendment made by subsection (a), and the requirements of
subsections (b) and (c)--
(A) such amendment and requirements shall not apply
until adequate funding is appropriated pursuant to
paragraph (3) to implement the provisions of this
section, as determined by Congress; and
(B) any deadlines otherwise established under this
section for such amendment and requirements are
contingent upon the receipt of adequate funding (as
determined in subparagraph (A)) for such
implementation.
The previous sentence shall not affect the timely submission of
the report required under paragraph (1).
(3) Authorization of appropriations.--
(A) In general.--In addition to any amounts made
available to the Secretary of Health and Human Services
for the Program Management Account of the Centers for
Medicare & Medicaid Services for administrative
expenses and to the Commissioner of Social Security for
administrative expenses, and subject to subparagraph
(B), taking into consideration the report submitted
under paragraph (1), there are authorized to be
appropriated such sums as are necessary to carry out
the previous subsections of this section, including
section 205(c)(2)(C)(xi) of the Social Security Act, as
added by subsection (a), for each of the five fiscal
years beginning after the date of submittal of the
report under paragraph (1).
(B) Limitation.--Such funds are not authorized to
be appropriated until after receipt of the report
provided under paragraph (1). | Medicare Identity Theft Prevention Act of 2010 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to establish cost-effective procedures to ensure that: (1) a Social Security account number (or any derivative) is not displayed, coded, or embedded on the Medicare card issued to an individual entitled to benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act or enrolled under Medicare part B (Supplementary Medical Insurance); and (2) any other identifier displayed on such card is easily identifiable as not being the Social Security account number (or a derivative). | To amend title II of the Social Security Act to prohibit the inclusion of Social Security account numbers on Medicare cards. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Urban and Rural Disease Prevention
and Health Promotion Act of 2005''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) in 1999, 61 percent of adults in the United States were
overweight or obese;
(2) all age, racial, and ethnic groups, and both genders,
have experienced increases in the percentage of persons who are
overweight or obese;
(3) each year in the United States, approximately 112,000
deaths are associated with obesity;
(4) overweight and obesity are associated with heart
disease, certain types of cancer, type 2 diabetes, stroke,
arthritis, breathing problems, and psychological disorders,
such as depression;
(5) in 2000, the economic cost of obesity in the United
States was approximately $117,000,000,000;
(6) it is recommended that American adults accumulate at
least 30 minutes, and American children accumulate at least 60
minutes, of moderate physical activity most days of the week,
though more may be needed to prevent weight gain, to lose
weight, or to maintain weight loss;
(7) less than one-third of American adults engage in these
recommended amounts of physical activity;
(8) 40 percent of adults in the United States do not
participate in any leisure-time physical activity;
(9) physical activity is important in preventing and
treating overweight and obesity and is extremely helpful in
maintaining weight loss, especially when combined with healthy
eating;
(10) there is a direct positive relationship between the
level of individual and community use of public recreational
facilities and services, access to and condition of such
facilities, and the diversity and quality of services relative
to current and potential uses; and
(11) medical and other research document a direct positive
relationship between active recreation and disease prevention
and general wellness.
SEC. 3. GRANT AND LOAN PROGRAM FOR INDOOR DISEASE PREVENTION AND HEALTH
PROMOTION CENTERS.
(a) Authority.--The Secretary of Housing and Urban Development may
make grants and loans in accordance with this Act to eligible entities
under section 4 for the development of indoor centers for disease
prevention and health promotion.
(b) Centers.--For purposes of this Act, the term ``indoor disease
prevention and health promotion center'' means a structure or facility,
or a portion thereof, that--
(1) is used principally as an indoor recreational facility
providing services, programs, and activities that result in
disease prevention and health promotion, including direct
recreation services for individuals and groups, information on
public and personal health and wellness, health screening, and
other necessary services in collaboration with public and
private health professionals and other entities;
(2) is owned or controlled by the eligible entity that
receives the grant or loan under this Act;
(3) is available for use by, and provides services to,
residents of the jurisdiction of such eligible entity free of
charge or at a charge not exceeding that necessary to provide
for operation and maintenance of the facility and for
appropriate public recreation services; and
(4) is subject to such legally binding and enforceable
commitments, as the Secretary shall require, to ensure that the
structure or facility, or portion thereof, is used as provided
in paragraph (1) for the 25-year period beginning upon the
receipt of a grant or loan made under this Act; except that the
Secretary may, upon the request of an entity that received a
grant or loan under this Act, waive the applicability of such
commitments if the Secretary finds that--
(A) environmental or other conditions have
substantially reduced the public value of the facility
or public access to the facility; or
(B) the site or facility has substantially
deteriorated, through no fault of the entity that
received the grant or loan, and such entity enters into
an agreement with the Secretary to obtain or provide a
replacement facility that generally provides access to
services for persons that were served at the original
facility.
SEC. 4. ELIGIBLE ENTITIES.
Grants and loans under this Act may be made only to the following
entities:
(1) A unit of general local government.
(2) An official State, metropolitan, regional, or other
area agency, district, public-purpose corporation, or other
limited-purpose political subdivision of a State, that is
empowered under State or local laws or under an interstate
compact or agreement to manage, administer, or provide public
parks and recreational facilities.
(3) Public authorities or agencies associated with economic
or community development or restoration, whose activities
support capital investments for public recreation.
SEC. 5. ELIGIBLE USES OF ASSISTANCE.
Amounts from a grant or loan under this Act may be used only for
the development of indoor centers for disease prevention and health
promotion, which shall include the following activities:
(1) Planning.
(2) Design.
(3) Site acquisition, preparation, and construction.
(4) Assessment of, and response to, site environmental
conditions.
(5) Landscaping.
(6) New construction.
(7) Rehabilitation of existing recreational structures and
facilities.
(8) Enhancement and expansion of public infrastructure.
(9) Acquisition and conversion of existing non-recreational
structures and facilities.
SEC. 6. GRANT AND LOAN REQUIREMENTS.
(a) Amount.--The Secretary may not make a grant or loan under this
Act for any fiscal year to any eligible entity that has received a
grant or loan during any of the preceding three fiscal years.
(b) Loans.--Loans made with amounts made available under this Act
shall be subject to the following requirements:
(1) No interest loans.--Loans shall not bear interest.
(2) Term.--Loans shall have a term to maturity not to
exceed 10 years.
(3) Revolving loan fund.--Loan amounts repaid to the
Secretary shall be available to the Secretary, without fiscal
year limitation, for making additional loans under this Act.
(4) Other conditions.--Loans shall be subject to such other
terms and conditions as the Secretary may establish.
(c) Applications.--The Secretary shall provide for eligible
entities to submit applications for grants and loans under this Act.
(d) Selection Criteria.--Not later than 60 days after the date of
the enactment of this Act, the Secretary shall cause to be published in
the Federal Register a list of criteria for the selection of applicant
eligible entities for grants and loans under this Act. Such criteria
shall be based upon factors that the Secretary considers are
appropriate to determine need among communities for Federal financial
assistance for development of indoor disease prevention and health
promotion centers.
(e) Review of Applications and Selection.--
(1) Review panel.--The Secretary shall appoint a panel of
experts in the fields of public recreation, public health, and
community health care to review applications for grants and
loans under this Act and to make recommendations to the
Secretary for selection of such applications for grants and
loans based upon the criteria established pursuant to
subsection (d).
(2) Selection.--The Secretary shall select eligible
entities that have submitted applications for grants and loans
under this Act to receive such assistance, based upon the
criteria established pursuant to subsection (d) and taking into
consideration the recommendations of the panel established
pursuant to paragraph (1) of this subsection.
SEC. 7. ALLOCATION OF AMOUNTS.
(a) Regional Allocation.--Of any amounts made available for
assistance under this Act for each fiscal year--
(1) 50 percent shall be made available for grants and loans
for the development of indoor disease prevention and health
promotion centers that will be located in units of general
local government having a population of 50,000 or less; and
(2) 50 percent shall be made available for grants and loans
for the development of indoor disease prevention and health
promotion centers that will be located in units of general
local government having a population of more than 50,000.
(b) Allocation for Grants and Loans.--Of any amounts made available
for assistance under this Act for each fiscal year, the Secretary shall
make not more than 10 percent available for loans under this Act.
SEC. 8. MATCHING FUNDS REQUIREMENT.
(a) In General.--The amount of a grant made under this Act by the
Secretary to any eligible entity may not exceed the amount that the
eligible entity certifies, as the Secretary shall require, that the
entity will contribute from non-Federal sources for the activities
under section 5.
(b) Supplemental Funds.--In determining the amount contributed for
purposes of meeting the requirement under subsection (a), an eligible
entity may include the value of any donated material or building, the
value of any lease on a building, and the value of any administrative
or other costs incurred by an eligible entity relating to carrying out
the activities assisted with amounts provided under this Act and
amounts contributed under this section.
SEC. 9. LABOR.
(a) In General.--Any contract for activities described in section 5
for an indoor center for disease prevention and health promotion that
is developed in whole or in part with amounts made available under this
Act shall contain--
(1) a provision requiring that not less than the wages
prevailing in the locality, as determined or adopted
(subsequent to a determination under applicable State or local
law) by the Secretary, shall be paid to all architects,
technical engineers, draftsmen, and technicians employed in the
development of the center involved; and
(2) a provision requiring that not less than the wages
prevailing in the locality, as predetermined by the Secretary
of Labor pursuant to subchapter IV of chapter 31 of title 40,
United States Code (40 U.S.C. 3141 et seq.), shall be paid to
all laborers and mechanics employed in the development of the
center involved.
(b) Compliance.--Each eligible entity receiving assistance under
this Act shall require certification as to compliance with the
provisions of this section before making any payment under such
contract.
(c) Inapplicability to Volunteers.--Subsection (a) shall not apply
if the individual receives no compensation or is paid expenses,
reasonable benefits, or a nominal fee to perform the services for which
the individual volunteered and such persons are not otherwise employed
at any time in the development work.
SEC. 10. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Eligible entity.--The term ``eligible entity'' means
any entity that, under section 4, is eligible to receive a
grant or loan under this Act.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(3) Unit of general local government.--The term ``unit of
general local government'' means any city, town, township,
county, parish, village, or other general purpose political
subdivision of a State.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary for grants
and loans under this Act--
(1) $100,000,000 for fiscal year 2006;
(2) $125,000,000 for fiscal year 2007;
(3) $150,000,000 for fiscal year 2008;
(4) $175,000,000 for fiscal year 2009; and
(5) $200,000,000 for fiscal year 2010.
SEC. 12. REGULATIONS.
The Secretary may issue any regulations necessary to carry out this
Act. | Urban and Rural Disease Prevention and Health Promotion Act of 2005 - Authorizes the Secretary of Housing and Urban Development to make matching grants and loans to state and local government agencies and community development public authorities for the development of indoor centers for disease prevention and health promotion that are: (1) used principally as indoor recreational facilities; (2) owned or controlled by the entity receiving the grant; (3) available for use by residents of the jurisdiction free of charge or at a fee necessary to provide for the operation and maintenance of the facility; and (4) subject to legally binding and enforceable commitments as to the availability of the facility for 25 years. | To provide assistance for the development of indoor disease prevention and health promotion centers in urban and rural areas throughout the United States. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Detection Canine Augmentation Act
of 2005''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Detection canines are an important part of a layered
homeland security system to prepare for, respond to, mitigate
against, and prevent acts of terrorism.
(2) Detection canines can be deployed quickly and can move
easily throughout a variety of areas, including mass transit
systems, airports, cargo areas, sea ports, the Nation's
borders, ports of entry, office buildings, and stadiums.
(3) Detection canines can be trained to detect a variety of
items, such as explosives, narcotics, concealed humans, and
cadavers.
(4) Detection canines can be utilized in situations where
detection technologies are unavailable, immobile, or not cost-
effective.
(5) There is a shortage of detection canines available to
assist Federal, State, and local law enforcement personnel as
they put their lives at risk daily to protect the Nation.
(6) The Congress has authorized 2,000 new Border Patrol
agents for each of the next 5 years without a corresponding
increase in the number of detection canines deployed with these
Border Patrol agents.
(7) Detection canines have been deployed to the Nation's
busiest airports. However, the Transportation Security
Administration must increase the capacity of its canine
training program in order to train and deploy canines to the
Nation's mass transit systems.
(8) Urban search and rescue canines and cadaver detection
canines were used effectively in the Gulf Coast region to
respond to Hurricanes Katrina and Rita.
(9) The Bureau of United States Customs and Border
Protection, the United States Secret Service, the Coast Guard,
and the Federal Protective Service regularly use detection
canines to secure National Special Security Events, protect
Federal buildings and their occupants, and protect the Nation's
sea ports.
(10) The Subcommittee on Management, Integration, and
Oversight of the Committee on Homeland Security of the House of
Representatives held a hearing on September 28, 2005, regarding
the use of detection canines in support of homeland security
activities. At the hearing, Subcommittee Members were informed
by several Federal agencies, a local transit police department,
a private canine security company, and a university-based
canine training center that there is a shortage of trained
detection canines.
SEC. 3. INCREASING THE NUMBER OF TRAINED DETECTION CANINES.
In each of fiscal years 2007 through 2011, the Secretary of
Homeland Security shall, subject to the availability of appropriations
for such purpose, increase the number of trained detection canines as
follows:
(1) Customs and border protection.--Increase by not less
than 25 percent the number of trained canine detection teams
deployed at and between the Nation's ports of entry.
(2) Transportation security administration.--Increase by
not less than 25 percent the number of trained detection
canines deployed at the Nation's airports and mass transit
systems.
(3) Coast guard, united states secret service, federal
protective service, and federal emergency management agency.--
Increase by not less than 25 percent the number of trained
detection canine teams available to Coast Guard stations,
Secret Service operations, and Federal Protective Service
operations across the country, and to the Federal Emergency
Management Agency to ensure their availability as needed in
emergencies.
SEC. 4. COORDINATION AND ENHANCEMENT OF CANINE TRAINING PROGRAMS.
(a) In General.--The Secretary of Homeland Security shall--
(1) fully coordinate the Department of Homeland Security's
canine training programs that support the Department's counter-
terrorism, counter-smuggling, transportation security, border
security, and other missions, including with respect to the
research and development of new training methods;
(2) ensure that the Department is maximizing its use of
existing training facilities and resources to train canines
throughout the year; and
(3) consider ways to use detection canines trained by other
Federal agencies, non-profit organizations, universities, and
private training facilities in order to increase the number of
trained detection canines available to Federal, State, and
local law enforcement agencies.
(b) Report.--The Secretary shall report to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate within 120
days after the date of the enactment of this Act regarding the
Department's plan to coordinate and consolidate its canine training
programs. The report shall include how the Department will increase
coordination with other Federal agencies, such as the Bureau of
Alcohol, Tobacco, Firearms and Explosives in the Department of Justice,
that operate canine training programs.
SEC. 5. CANINE PROCUREMENT.
The Secretary of Homeland Security shall--
(1) make it a priority to increase the number of
domestically bred canines used by the Department of Homeland
Security to assist in its counter-terrorism mission, including
the protection of ports of entry and along the United States
border; and
(2) consult with other Federal agencies that use canines
and the Office of Management and Budget to encourage domestic
breeding of canines and consolidate canine procurement, where
possible, across the Federal Government to reduce the cost of
purchasing canines. | Detection Canine Augmentation Act of 2005 - Directs the Secretary of Homeland Security to increase the number of trained detection canines at specified federal agencies.
Directs the Secretary to: (1) coordinate fully the Department of Homeland Security's canine training programs that support its counter-terrorism, counter-smuggling, transporation security, border security, and other missions; (2) ensure that the Department is maximizing its use of existing training facilities and resources to train canines throughout the year; and (3) consider ways to use detection canines trained by other federal agencies, non-profit organizations, universities, and private training facilities in order to increase the number of trained detection canines available to federal, state, and local law enforcement agencies.
Directs the Secretary to: (1) make it a priority to increase the number of domestically bred canines used to assist in the Department's counter-terrorism mission; and (2) consult with other federal agencies that use canines and the Office of Management and Budget to encourage domestic breeding of canines, and consolidate canine procurement, where possible, across the federal government to reduce the cost of purchasing canines. | To increase the number of trained detection canines of the Department of Homeland Security, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Innovation $1 Coin Act''.
SEC. 2. AMERICAN INNOVATION $1 COIN PROGRAM.
Section 5112 of title 31, United States Code, is amended by
inserting after subsection (v) the following new subsection:
``(w) Redesign and Issuance of $1 Coins Honoring Innovation and
Innovators From Each State, the District of Columbia, and Each
Territory.--
``(1) Redesign beginning in 2019.--
``(A) In general.--Notwithstanding subsection (d)(1) and
subsection (d)(2) and in accordance with the provisions of this
subsection, during the 14-year period beginning on January 1,
2019 (or such later date as provided under subparagraph
(B)(ii)), the Secretary of the Treasury shall mint and issue $1
coins to be known as `American Innovation $1 coins', that--
``(i) have designs on the obverse selected in
accordance with paragraph (2)(A); and
``(ii) have a design on the reverse selected in
accordance with paragraph (2)(B).
``(B) Continuity provisions.--
``(i) In general.--Notwithstanding subparagraph (A),
the Secretary shall continue to mint and issue $1 coins
honoring Native Americans and their contributions in
accordance with subsection (r).
``(ii) First coin.--Notwithstanding subparagraph (A),
if the Secretary finds that it is feasible and cost-
effective, the Secretary may mint and issue a $1 coin in
2018 to introduce the series of coins described in this
subsection, that--
``(I) has the obverse described under paragraph
(2)(A);
``(II) has a reverse that bears the inscription
`United States of America' and `American Innovators'
and a representation of the signature of President
George Washington on the first United States patent
issued;
``(III) has the edge-incusing described under
paragraph (2)(C); and
``(IV) the design for which has reviewed by the
Citizens Coinage Advisory Committee.
``(C) Definition of territory.--For purposes of this
subsection, the term `territory' means the Commonwealth of
Puerto Rico, Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana Islands.
``(2) Design requirements.--Notwithstanding subsection (d)(1)
and subsection (d)(2), the $1 coins issued in accordance with
paragraph (1)(A) shall meet the following design requirements:
``(A) Coin obverse.--The common design on the obverse of
each coin issued under this subsection shall contain--
``(i) a likeness of the Statue of Liberty extending to
the rim of the coin and large enough to provide a dramatic
representation of Liberty;
``(ii) the inscription `$1'; and
``(iii) the inscription `In God We Trust'.
``(B) Coin reverse.--The design on the reverse of each coin
issued under this subsection shall bear the following:
``(i) An image or images emblematic of one of the
following from one of the 50 States, the District of
Columbia, or the territories of the United States:
``(I) A significant innovation.
``(II) An innovator.
``(III) A group of innovators.
``(ii) The name of the State, the District of Columbia,
or territory, as applicable.
``(iii) The inscription `United States of America'.
``(C) Edge-incused inscriptions.--
``(i) In general.--The inscription of the year of
minting or issuance of the coin, the mint mark, and the
inscription `E Pluribus Unum' shall be edge-incused into
the coin.
``(ii) Preservation of distinctive edge.--The edge-
incusing of the inscriptions under clause (i) on coins
issued under this subsection shall be done in a manner that
preserves the distinctive edge of the coin so that the
denomination of the coin is readily discernible, including
by individuals who are blind or visually impaired.
``(3) Issuance of coins commemorating innovation or
innovators.--
``(A) Order of issuance.--
``(i) In general.--The coins issued under this
subsection commemorating either an innovation, an
individual innovator, or a group of innovators, from each
State, the District of Columbia, or a territory shall be
issued in the following order:
``(I) State.--With respect to each State, the coins
shall be issued in the order in which the States
ratified the Constitution of the United States or were
admitted into the Union, as the case may be.
``(II) District of columbia and territories.--After
all coins are issued under subclause (I), the coins
shall be issued for the District of Columbia and the
territories in the following order: the District of
Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, and
the Commonwealth of the Northern Mariana Islands.
``(ii) Application in event of the admission of
additional states.--Notwithstanding clause (i), if any
additional State is admitted into the Union before the end
of the 14-year period referred to in paragraph (1), the
Secretary of the Treasury may issue a $1 coin with respect
to the additional State in accordance with clause (i)(I).
``(iii) Application in the event of independence or
adding of a territory.--Notwithstanding clause (i)--
``(I) if any territory becomes independent or
otherwise ceases to be a territory of the United States
before $1 coins are minted pursuant to this subsection,
the subsection shall cease to apply with respect to
such territory; and
``(II) if any new territory is added to the United
States, $1 coins shall be issued for such territories
in the order in which the new the territories are
added, beginning after the $1 coin is issued for the
Commonwealth of the Northern Mariana Islands.
``(B) Issuance of coins commemorating four innovations or
innovators during each of 14 years.--
``(i) In general.--Four $1 coin designs as described in
this subsection shall be issued during each year of the
period referred to in paragraph (1) until 1 coin featuring
1 innovation, an individual innovator, or a group of
innovators, from each of the States, the District of
Columbia, and territories has been issued.
``(ii) Number of coins of each design.--The Secretary
shall prescribe, on the basis of such factors as the
Secretary determines to be appropriate, the number of $1
coins that shall be issued with each of the designs
selected for each year of the period referred to in
paragraph (1).
``(4) Selection of concept and design.--
``(A) Concept.--With respect to each State, the District of
Columbia, and each territory to be honored with a coin under
this subsection, the selection of the significant innovation,
innovator, or group of innovators to be borne on the reverse of
such coin shall be made by the Secretary of the Treasury, after
consultation with the Governor or other chief executive of the
State, the District of Columbia, or territory with respect to
which a coin is to be issued under this subsection.
``(B) Design.--Each of the designs required under this
subsection shall be selected by the Secretary after--
``(i) consultation with--
``(I) the Governor or other chief executive of the
State, the District of Columbia, or territory with
respect to which a coin is to be issued under this
subsection; and
``(II) the Commission of Fine Arts; and
``(ii) review by the Citizens Coinage Advisory
Committee.
``(C) Selection and approval process.--Proposals for
designs for $1 coins under this subsection may be submitted in
accordance with the design selection and approval process
developed by the Secretary in the sole discretion of the
Secretary.
``(D) Standards.--Because it is important that the Nation's
coinage and currency bear dignified designs of which the
citizens of the United States can be proud, the Secretary shall
not select any frivolous or inappropriate design for any $1
coin minted under this subsection.
``(E) Prohibition on certain representations.--No head and
shoulders portrait or bust of any person and no portrait of a
living person may be included in the design of any coin issued
under this subsection.
``(5) Treatment as numismatic items.--For purposes of sections
5134 and 5136, all $1 coins minted under this subsection shall be
considered to be numismatic items.
``(6) Issuance of numismatic coins.--The Secretary may mint and
issue such number of $1 coins of each design selected under this
subsection in uncirculated and proof qualities as the Secretary
determines to be appropriate.
``(7) Termination of program.--The issuance of coins under this
subsection shall terminate when one innovation, an individual
innovator, or a group of innovators, from each State, the District
of Columbia, and each territory has been honored and may not be
resumed except by an Act of Congress.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | American Innovation $1 Coin Act (Sec. 2) This bill directs the Department of the Treasury, over a 14-year period beginning in 2019, to mint and issue "American Innovation" $1 coins commemorating innovation and innovators from each state, each U.S. territory, and the District of Columbia. Such coins shall be issued in the order in which the states ratified the Constitution or were admitted into the Union. After all such coins are issued, coins shall be issued for the District of Columbia and the territories. Treasury shall issue four coins per year until a coin has been issued for each jurisdiction. Neither the bust of any person nor the portrait of any living person may be included in the design of the coins. The bill instructs Interior to continue to mint and issue $1 coins honoring Native Americans and their contributions. | American Innovation $1 Coin Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Baseline Reform Act of 2015''.
SEC. 2. CHANGES IN THE BASELINE.
Section 257(c) of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 907(c)) is amended--
(1) in the second sentence of paragraph (1), by striking
all that follows ``current year,'' and inserting ``excluding
resources designated as an emergency requirement and any
resources provided in supplemental appropriation laws.'';
(2) by striking paragraphs (2), (3), (4), and (5);
(3) by redesignating paragraph (6) as paragraph (2); and
(4) by inserting after paragraph (2), as so redesignated,
the following:
``(3) No adjustment for inflation.--No adjustment shall be
made for inflation or for any other factor.''.
SEC. 3. THE PRESIDENT'S BUDGET.
(a) Expenditures and Appropriations.--Section 1105(a)(5) of title
31, United States Code, is amended to read as follows:
``(5) except as provided in subsection (b), estimated
expenditures and appropriations for the current year and
estimated expenditures and proposed appropriations the
President decides are necessary to support the Government in
the fiscal year for which the budget is submitted and at least
the 4 fiscal years following that year, and, except for
detailed budget estimates, the percentage change from the
current year to the fiscal year for which the budget is
submitted for estimated expenditures and for appropriations.''.
(b) Receipts.--Section 1105(a)(6) of title 31, United States Code,
is amended to read as follows:
``(6)(A) estimated receipts of the Government in the
current year and the fiscal year for which the budget is
submitted and at least the 4 fiscal years after that year
under--
``(i) laws in effect when the budget is submitted;
and
``(ii) proposals in the budget to increase
revenues; and
``(B) the percentage change (in the case of each category
referred to in clauses (i) and (ii) of subparagraph (A))
between the current year and the fiscal year for which the
budget is submitted and between the current year and each of
the 9 fiscal years after the fiscal year for which the budget
is submitted.''.
(c) Legislative Proposals.--Section 1105(a)(12) of title 31, United
States Code, is amended to read as follows:
``(12) for each proposal in the budget for legislation that
establishes or expands a Government activity or function a
table showing--
``(A)(i) the amount proposed in the budget for
appropriation and for expenditure because of the
proposal in the fiscal year for which the budget is
submitted;
``(ii) the estimated appropriation required because
of the proposal for each of at least the 4 fiscal years
after that year that the proposal will be in effect;
and
``(iii) the estimated amount for the same activity
or function, if any, in the current fiscal year; and
``(B) except for detailed budget estimates, the
percentage change (in the case of each category
referred to in clauses (i), (ii), and (iii) of
subparagraph (A)) between the current year and the
fiscal year for which the budget is submitted.''.
(d) Comparisons.--Section 1105(a)(18) of title 31, United States
Code, is amended by inserting ``new budget authority and'' before
``budget outlays''.
(e) Expenditures and Tables.--Section 1105(a) of title 31, United
States Code, is amended--
(1) by redesignating the second paragraph (37) (relating to
a list of plans and reports) as paragraph (39); and
(2) by adding at the end the following:
``(40) a comparison of levels of estimated expenditures and
proposed appropriations for each function and subfunction in
the current fiscal year and the fiscal year for which the
budget is submitted, along with the proposed increase or
decrease of spending in percentage terms for each function and
subfunction.
``(41) a table on sources of growth in total direct
spending under current law and as proposed in the budget
submission for the budget year and at least the ensuing 9
fiscal years, which shall include changes in outlays
attributable to--
``(A) cost-of-living adjustments;
``(B) changes in the number of program recipients;
``(C) increases in medical care prices, utilization
and intensity of medical care; and
``(D) residual factors.''.
(f) Current Programs.--Section 1109(a) of title 31, United States
Code, is amended by inserting after the first sentence the following:
``For discretionary spending, these estimates shall assume the levels
no higher than those set forth in the discretionary spending limits
under section 251(c) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(c)), as adjusted, for the appropriate
fiscal years (and if no such limits are in effect, these estimates
shall assume adjusted levels no higher than those for the most recent
fiscal year for which such levels were in effect).''.
SEC. 4. THE CONGRESSIONAL BUDGET.
Section 301(e) of the Congressional Budget Act of 1974 (2 U.S.C.
632(e)) is amended--
(1) in paragraph (1), by adding at the end the following:
``The basis of deliberations in developing such joint
resolution shall be the estimated budgetary levels for the
preceding fiscal year. Any budgetary levels pending before the
committee and the text of the joint resolution shall be
accompanied by a document comparing such levels or such text to
the estimated levels of the prior fiscal year.''; and
(2) in paragraph (2)--
(A) in subparagraph (E), by striking ``and'' at the
end;
(B) in subparagraph (F), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(G) a comparison of levels for the current fiscal
year with proposed spending and revenue levels for the
subsequent fiscal years and the proposed increase or
decrease of spending in percentage terms for each
function.''.
SEC. 5. CONGRESSIONAL BUDGET OFFICE REPORTS TO COMMITTEES.
(a) Comparable Levels.--Section 202(e)(1) of the Congressional
Budget Act of 1974 (2 U.S.C. 602(e)(1)) is amended in the first
sentence by inserting ``compared to comparable levels for the current
year'' before the comma at the end of subparagraph (A) and before the
comma at the end of subparagraph (B).
(b) Sources of Spending Growth.--Section 202(e)(1) of the
Congressional Budget Act of 1974 (2 U.S.C. 602(e)(1)) is amended by
inserting after the first sentence the following: ``Such report shall
also include a table on sources of spending growth in total direct
spending, revenue, deficit, and debt for the budget year and the
ensuing 4 fiscal years, which shall include changes in outlays
attributable to (A) cost-of-living adjustments, (B) changes in the
number of program recipients, (C) increases in medical care prices,
utilization and intensity of medical care, and (D) residual factors.''.
(c) Comparison of Levels.--Section 308(a)(1)(B) of the
Congressional Budget Act of 1974 (2 U.S.C. 639(a)(1)(B)) is amended by
inserting ``and shall include a comparison of those levels to
comparable levels for the current fiscal year'' before ``, if timely
submitted''. | Baseline Reform Act of 2015 This bill amends the Balanced Budget and Emergency Deficit Control Act of 1985 and the Congressional Budget Act of 1974 to change the assumptions used in calculating the baseline for discretionary spending and to require budget estimates to be compared with the levels from the prior year. The baseline is a projection of federal spending and receipts during the fiscal year under current law. This bill changes the assumptions used for the discretionary spending baseline to eliminate adjustments required under current law for inflation, expiring housing contracts, social insurance administrative expenses, pay adjustments, and changes to other personnel benefits. The bill prohibits adjustments for inflation or any other factor. The President's budget must include: (1) comparisons of the proposed budgetary levels with the prior year's levels, (2) the sources of growth in direct spending under current law and as proposed in the budget, and (3) estimates of discretionary spending for current programs that assume compliance with discretionary spending limits under current law. The congressional budget committees must use budgetary levels from the prior fiscal year as the basis for deliberations in developing the congressional budget resolution and include comparisons with the prior fiscal year in the report accompanying the resolution. The Congressional Budget Office must include additional details in required reports to Congress, including comparisons to the prior year and the sources of growth in spending. | Baseline Reform Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employees Paid Parental
Leave Act of 2008''.
SEC. 2. PAID PARENTAL LEAVE UNDER TITLE 5.
(a) Amendment to Title 5.--Subsection (d) of section 6382 of title
5, United States Code, is amended--
(1) by redesignating such subsection as subsection (d)(1);
(2) by striking ``subparagraphs (A), (B), (C), and'' and
inserting ``subparagraphs (C) and''; and
(3) by adding at the end the following:
``(2) An employee may elect to substitute for any leave without pay
under subparagraph (A) or (B) of subsection (a)(1) any paid leave which
is available to such employee for that purpose.
``(3) The paid leave that is available to an employee for purposes
of paragraph (2) is--
``(A) 8 administrative workweeks of paid parental leave
under this subparagraph in connection with the birth or
placement involved; and
``(B) any annual or sick leave accrued or accumulated by
such employee under subchapter I.
``(4) Nothing in this subchapter shall be considered to require--
``(A) that an employing agency provide paid sick leave in
any situation in which such employing agency would not normally
be required to provide such leave; or
``(B) that an employee first use all or any portion of the
leave described in subparagraph (B) of paragraph (3) before
being allowed to use the paid parental leave described in
subparagraph (A) of such subparagraph.
``(5) Paid parental leave under paragraph (3)(A)--
``(A) shall be payable from any appropriation or fund
available for salaries or expenses for positions within the
employing agency;
``(B) shall not be considered to be annual or vacation
leave for purposes of section 5551 or 5552 or for any other
purpose; and
``(C) if not used by the employee before the end of the 12-
month period (as referred to in subsection (a)(1)) to which it
relates, shall not accumulate for any subsequent use.
``(6) The Director of the Office shall prescribe any regulations
necessary to carry out this subsection, including, subject to paragraph
(4)(B), the manner in which an employee may designate any day or other
period as to which such employee wishes to use paid parental leave
described in paragraph (3)(A).''.
(b) Effective Date.--The amendments made by this section shall not
be effective with respect to any birth or placement occurring before
the end of the 6-month period beginning on the date of the enactment of
this Act.
SEC. 3. PAID PARENTAL LEAVE FOR CONGRESSIONAL EMPLOYEES.
(a) Amendment to Congressional Accountability Act.--Section 202 of
the Congressional Accountability Act of 1995 (2 U.S.C. 1312) is
amended--
(1) in subsection (a)(1), by adding at the end the
following: ``In applying section 102(a)(1)(A) and (B) to
covered employees, subsection (d) shall apply.'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following:
``(d) Special Rule for Paid Parental Leave for Congressional
Employees.--
``(1) Substitution of paid leave.--A covered employee
taking leave without pay under subparagraphs (A) or (B) of
section 102(a)(1) of the Family and Medical Leave Act of 1993
(29 U.S.C. 2612(a)(1)) may elect to substitute for any such
leave any paid leave which is available to such employee for
that purpose.
``(2) Amount of paid leave.--The paid leave that is
available to a covered employee for purposes of paragraph (1)
is--
``(A) 8 workweeks of paid parental leave under this
subparagraph in connection with the birth or placement
involved; and
``(B) any additional paid vacation or sick leave
provided by the employing office to such employee.
``(3) Limitation.--Nothing in this section shall be
considered to require--
``(A) that an employing office provide paid sick
leave in any situation in which such employing office
would not normally be required to provide such leave;
or
``(B) that a covered employee first use all or any
portion of the leave described in subparagraph (B) of
paragraph (2) before being allowed to use paid parental
leave described in subparagraph (A) of such paragraph.
``(4) Additional rules.--Paid parental leave under
paragraph (2)(A)--
``(A) shall be payable from any appropriation or
fund available for salaries or expenses for positions
within the employing office; and
``(B) if not used by the covered employee before
the end of the 12-month period (as referred to in
section 102(a)(1) of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2612(a)(1))) to which it relates,
shall not accumulate for any subsequent use.''.
(b) Effective Date.--The amendments made by this section shall not
be effective with respect to any birth or placement occurring before
the end of the 6-month period beginning on the date of the enactment of
this Act.
SEC. 4. CONFORMING AMENDMENT TO FAMILY AND MEDICAL LEAVE ACT FOR GAO
AND LIBRARY OF CONGRESS EMPLOYEES.
Section 102(d) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2612(d)) is amended by adding at the end the following:
``(3) Special rule for gao and library of congress
employees.--
``(A) Substitution of paid leave.--An employee of
an employer described in section 101(4)(A)(iv) taking
leave under subparagraphs (A) or (B) of subsection
(a)(1) may elect to substitute for any such leave any
paid leave which is available to such employee for that
purpose.
``(B) Amount of paid leave.--The paid leave that is
available to an employee of an employer described in
section 101(4)(A)(iv) for purposes of paragraph (1)
is--
``(i) 8 workweeks of paid parental leave
under this clause in connection with the birth
or placement involved; and
``(ii) any additional paid vacation or sick
leave provided by such employer.
``(C) Limitation.--Nothing in this paragraph shall
be considered to require--
``(i) that an employer described in section
101(4)(A)(iv) provide paid sick leave in any
situation in which such employer would not
normally be required to provide such leave; or
``(ii) that an employee of such an employer
first use all or any portion of the leave
described in clause (ii) of subparagraph (B)
before being allowed to use paid parental leave
described in clause (i) of such subparagraph.
``(D) Additional rules.--Paid parental leave under
subparagraph (B)(i)--
``(i) shall be payable from any
appropriation or fund available for salaries or
expenses for positions with employers described
in section 101(4)(A)(iv); and
``(ii) if not used by the employee of such
employers before the end of the 12-month period
(as referred to in subsection (a)(1)) to which
it relates, shall not accumulate for any
subsequent use.''.
SEC. 5. STUDY.
(a) In General.--Not later than 12 months after the date of the
enactment of this Act, the Government Accountability Office shall study
and submit to Congress a written report on the feasibility and
desirability of providing an insurance benefit to Federal employees
which affords partial or total wage replacement with respect to periods
of qualified leave.
(b) Period of Qualified Leave.--For purposes of this section, the
term ``period of qualified leave'', as used with respect to a Federal
employee, means any period of leave under section 6382 of title 5,
United States Code, which would otherwise be leave without pay, and
which is available by reason of--
(1) the need to care for the spouse or a son, daughter, or
parent of the employee having a serious health condition; or
(2) a serious health condition affecting the employee that
renders such employee unable to perform the functions of the
employee's position.
(c) Matters for Inclusion.--The report shall include, at a minimum,
the following:
(1) A brief description of any plans or arrangements under
which similar benefits are currently provided to employees in
this country (within the private sector or State or local
government) or in other countries.
(2) With respect to any plans or arrangements under which
such benefits are currently provided to private or public
sector employees in this country--
(A) the portion or percentage of wages typically
replaced;
(B) how those benefits are generally funded,
including in terms of the employer and employee shares;
(C) whether employee coverage is optional or
automatic; and
(D) any waiting period or other conditions which
may apply.
(3) Identification and assessment of any plans or
arrangements described under the preceding provisions of this
subsection (or any aspects thereof) which might be particularly
relevant to designing the insurance benefit (described in
subsection (a)) for Federal employees, including how such
benefit might be coordinated with annual leave, sick leave, or
any other paid leave available to an employee for the purpose
involved. | Federal Employees Paid Parental Leave Act of 2008 - Allows federal employees to substitute any available paid leave for any leave without pay available for either the: (1) birth of a child; or (2) placement of a child with the employee for either adoption or foster care. Makes available for any of the 12 weeks of leave an employee is entitled to for such purposes: (1) eight administrative weeks of paid parental leave in connection with the birth or placement involved; and (2) any accumulated annual or sick leave.
Amends the Congressional Accountability Act of 1995 to allow the same substitution for covered congressional employees.
Amends the Family and Medical Leave Act of 1993 to allow the same substitution for Government Accountability Office (GAO) and Library of Congress employees.
Requires GAO to study and report on the feasibility and desirability of providing an insurance benefit to federal employees which affords partial or total wage replacement with respect to periods of qualified leave. Defines "qualified leave" as leave that: (1) is available by reason of the need to care for the spouse, child, or parent of the employee having a serious health condition or by reason of a serious health condition affecting the employee that renders such employee unable to perform the functions of his or her position; and (2) would otherwise be leave without pay. | To provide that 8 of the 12 weeks of parental leave made available to a Federal employee shall be paid leave, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clatsop-Nehalem Restoration Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Interim council.--The term ``Interim Council'' means
the council which is established under, and the members elected
pursuant to, section 5.
(2) Member.--The term ``member'', when used with respect to
the tribe, means an individual enrolled on the membership roll
of the tribe in accordance with section 7.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior or the Secretary's designated representative.
(4) Tribal governing body.--The term ``tribal governing
body'' means the governing body that is established under, and
the members elected pursuant to, the tribal constitution and
bylaws adopted in accordance with section 6.
(5) Tribe.--The term ``tribe'' means Clatsop-Nehalem
Confederated Tribes of Oregon considered as one tribe in
accordance with section 3.
SEC. 3. CONSIDERATION OF THE CLATSOP-NEHALEM CONFEDERATED TRIBES AS ONE
TRIBE.
The Clatsop-Nehalem Confederated Tribes of Oregon shall be
considered as one tribal unit for purposes of Federal recognition and
eligibility for Federal benefits under section 4, the establishment of
tribal self-government under sections 5 and 6, and the compilation of a
tribal membership roll under section 7.
SEC. 4. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND PRIVILEGES.
(a) Federal Recognition.--Notwithstanding any provision of the Act
approved August 13, 1954 (25 U.S.C. 691 et seq.), or any other law,
Federal recognition is extended to the Clatsop-Nehalem Confederated
Tribes of Oregon. Nothing is this Act shall affect or diminish the
treaty rights previously determined for other federally recognized
Indian tribes.
(b) Restoration of Rights and Privileges.--Except as provided in
subsection (d), all rights and privileges of the tribe and the members
of the tribe under any Federal treaty, Executive order, agreement,
statute, or other Federal authority, that may have been diminished or
lost under the Act approved August 13, 1954 (25 U.S.C. 691 et seq.),
are restored, and the provisions of such Act shall be inapplicable to
the tribe and to members of the tribe after the date of the enactment
of this Act.
(c) Federal Services and Benefits.--Notwithstanding any other
provision of law, the tribe and its members shall be eligible, on and
after the date of the enactment of this Act, for all Federal services
and benefits furnished to federally recognized Indian tribes without
regard to the existence of a reservation for the tribe. In the case of
Federal services available to members of federally recognized Indian
tribes residing on or near a reservation, members of the tribe residing
in the following counties of the State of Oregon shall be deemed to be
residing on or near a reservation:
(1) Tillamook County.
(2) Clatsop County.
(d) No Hunting, Fishing or Trapping Rights Restored.--No hunting,
fishing, or trapping rights of any nature of the tribe or of any
member, including any indirect or procedural right or advantage over
individuals who are not members, are granted or restored under this
Act.
(e) Effect on Property Rights and Other Obligations.--Except as
otherwise specifically provided in this Act, no provision contained in
this Act shall alter any property right or obligation, any contractual
right or obligation, or any obligation for taxes already levied.
(f) No Lands in Tillamook County.--Notwithstanding any provision of
law, no lands shall be held in trust by the United States for the
benefit and use of the tribe within the boundaries of Tillamook County,
Oregon.
SEC. 5. INTERIM COUNCIL.
(a) Establishment.--There is established an Interim Council of the
tribe which shall be composed of nine members. The Interim Council
shall--
(1) represent the tribe and its members in the
implementation of this Act; and
(2) be the governing body of the tribe until the tribal
governing body convenes.
(b) Nomination and Election of Interim Council Members.--
(1) General council meeting.--Not later than 45 days after
the date of the enactment of this Act, the Secretary shall
announce the date of a general council meeting of the tribe to
nominate candidates for election to the Interim Council. Such
general council meeting shall be held not later than 15 days
after such announcement.
(2) Election.--Not later than 45 days after the general
council meeting held under paragraph (1), the Secretary shall
hold an election by secret ballot to elect the members of the
Interim Council from among the members nominated in the general
council meeting. Absentee and write-in balloting shall be
permitted.
(3) Approval of results.--The Secretary shall approve the
results of the Interim Council election conducted pursuant to
this subsection if the Secretary is satisfied that the
requirements of this section relating to the nomination and the
election processes have been met. If the Secretary is not so
satisfied, the Secretary shall--
(A) call for another general council meeting to be
held not later than 60 days after such election to
nominate candidates for election to the Interim
Council; and
(B) hold another election within 45 days of such
meeting.
(4) Notice.--The Secretary shall take any action necessary
to ensure that each member described in section 7(d) is given
notice of the time, place, and purpose of each meeting and
election held pursuant to this subsection not less than 10 days
before the general meeting or election.
(c) Authority and Capacity; Termination.--The Interim Council
shall--
(1) have no powers other than those given it under this
Act;
(2) with respect to any Federal service or benefit for
which the tribe or any member is eligible, have full authority
and capacity to receive grants and to enter into contracts;
(3) except as provided in subsection (d), terminate on the
date that the tribal governing body first convenes; and
(4) with respect to any contractual right established and
any obligation entered into by the Interim Council, have the
authority and capacity to bind the tribal governing body, as
the successor in interest to the Interim Council, for a period
of not more than 6 months beginning on the date such tribal
governing body first convenes.
(d) Vacancy on Interim Council.--Not later than 30 days after a
vacancy occurs on the Interim Council and subject to the approval of
the Secretary, the Interim Council shall hold a general council meeting
to nominate a candidate for election to fill such vacancy and hold such
election. The Interim Council shall provide notice of the time, place,
and purpose of such meeting and election to members described in
section 7(d) not less than 10 days before each general meeting or
election.
SEC. 6. TRIBAL CONSTITUTION AND BYLAWS; TRIBAL GOVERNING BODY.
(a) Adoption of Proposed Constitution and Bylaws; Election.--
(1) Time and procedure.--The Interim Council shall--
(A) prepare the tribal constitution and bylaws
which shall provide for, at a minimum, the
establishment of a tribal governing body and tribal
membership qualifications; and
(B) adopt such tribal constitution not later than 6
months after the date of the enactment of this Act.
(2) Election.--Upon the adoption of the proposed tribal
constitution and bylaws by the Interim Council, the Council
shall request that the Secretary, in writing, schedule an
election to approve or disapprove the adoption of such
constitution and bylaws. The Secretary shall conduct an
election by secret ballot in accordance with section 16 of the
Act of June 18, 1934.
(b) Notice and Consultation.--Not less than 30 days before any
election scheduled pursuant to subsection (a), a copy of the proposed
tribal constitution and bylaws, as adopted by the Interim Council,
along with a brief and impartial description of the proposed
constitution and bylaws shall be sent to each member described in
section 7(d). The members of the Interim Council may freely consult
with members of the tribe concerning the text and description of the
constitution and bylaws, except that such consultation may not be
carried on within 50 feet of the polling places on the date of such
election.
(c) Majority Vote for Adoption; Procedure in Event of Failure To
Adopt Proposed Constitution.--
(1) Majority vote for adoption.--In any election held
pursuant to subsection (a), a vote of a majority of those
actually voting shall be necessary and sufficient for the
approval of the adoption of the tribal constitution and bylaws.
(2) Procedure in event of failure to adopt proposed
constitution.--If in any such election such majority does not
approve the adoption of the proposed tribal constitution and
bylaws, the Interim Council shall be responsible for preparing
another tribal constitution and other bylaws in the same manner
provided in this section for the first proposed constitution
and bylaws. The new proposed constitution and bylaws shall be
adopted by the Interim Council not later than 6 months after
the date of the election in which the first proposed
constitution and bylaws failed to be adopted. An election on
the question of the adoption of the new proposal of the Interim
Council shall be conducted in the same manner provided in
subsection (a)(2) for the election on the first proposed
constitution and bylaws.
(d) Election of Tribal Governing Body.--Not later than 120 days
after the tribe approves the adoption of the tribal constitution and
bylaws and subject to the approval of the Secretary, the Interim
Council shall conduct an election, by secret ballot, to elect the
tribal governing body established under such constitution and bylaws.
Notwithstanding any provision of the tribal constitution and bylaws,
absentee and write-in balloting shall be permitted in an election under
this subsection.
SEC. 7. MEMBERSHIP ROLLS; VOTING RIGHTS OF MEMBER.
(a) Membership Roll Established and Opened.--The membership roll of
the tribe is established and open.
(b) Criteria Governing Eligibility.--
(1) Membership prior to election.--Until the first election
of the tribal governing body is held pursuant to section 6(d),
the membership of the Clatsop-Nehalem Confederated Tribes shall
consist as follows:
(A) Any person who can document being a direct
descent from a Clatsop or Nehalem (Naalem) Tillamook
Indian (or both) on the tribal rolls compiled--
(i) in 1906 by Charles E. McChesney,
Supervisor of Indian School.
(B) Any person found eligible by the Portland,
Oregon, Area Office of the Bureau of Indian Affairs who
would satisfy enrollment requirements under--
(i) the Act of August 24, 1912, (37 Stat.
518-535);
(ii) the Act of August 30, 1964, (78 Stat.
639); or
(iii) part 43 of title 25, Code of Federal
Regulations.
(C) Any person who descends from those Indians who
were signers of the treaties between the United States
and the Clatsop Tribe and the Nehalem Band of the
Tillamooks at Tansy Point, August 5 and 6, 1851 (Vol.
1, p. 7-13; Records Concerning Negotiation of Treaties,
1851-1855; Oregon Superintendency (National Archives
Microfilm Publication M2, roll 28); Records of the
Bureau of Indian Affairs, Record Group 75; National
Archives Building, Washington, DC).
(D) Any person who can document their direct
descent from a Clatsop or Nehalem Tillamook Indian on
any other Federal, State, Indian, or church record.
(E) Descends from those Indians who were members of
the Hobsonville Community.
(F) All children born to a member of the tribe.
(2) Membership after election.--After the first election of
the tribal governing body is held pursuant to section 6(d), the
provisions of the constitution and bylaws adopted in accordance
with section 6(a) shall govern membership in the tribe.
(c) Dual Membership.--Any person who is enrolled in any other
federally recognized Indian tribe, band, or community or native
corporation shall not, at the same time be enrolled in the tribe.
(d) Procedures for Verification of Eligibility.--
(1) Before election of interim council.--Before the
election of the members of the Interim Council is held pursuant
to section 5(b), verification of descendancy, for purposes of
enrollment and age for purposes of voting rights under
subsection (d) shall be made upon oath before the Secretary
whose determination thereon shall be final.
(2) After election of interim council.--After the election
of the members of the Interim Council is held pursuant to
section 5(b), but before the first election of the members of
the tribal governing body is held pursuant to section 6(d), the
verification of descendancy and age shall be made upon oath
before the Interim Council, or its authorized representative.
An individual may appeal the exclusion of the individual's name
from the membership roll of the tribe to the Secretary, who
shall make a final determination of each such appeal within 90
days after such an appeal has been filed with him. The
determination of the Secretary with respect to such an appeal
shall be final.
(3) After election of tribal governing body.--After the
first election of the members of the tribal governing body is
held pursuant to section 6(d), the provisions of the
constitution and bylaws adopted in accordance with section 6(a)
shall govern the verification of any requirements for
membership in the tribe. The Interim Council and the Secretary
shall deliver their records and files and any other material
relating to the enrollment of tribal members to such tribal
governing body.
(4) Publication of membership roll.--Not less than 60 days
before the election under section 6(a), the Secretary shall
publish in the Federal Register a certified copy of the
membership roll of the tribe as of the date of such
publication. Such membership roll shall include the names of
all individuals who were enrolled by the Secretary, either
directly under paragraph (1) or pursuant to an appeal under
paragraph (2), and by the Interim Council under paragraph (2).
(e) Voting Rights of Member.--Each member who is 18 years of age or
older shall be eligible to--
(1) attend, participate in, and vote at each general
council meeting;
(2) nominate candidates for any office;
(3) run for any office; and
(4) vote in any election of members to the Interim Council
and to such other tribal governing body as may be established
under the constitution and bylaws adopted in accordance with
section 6.
SEC. 8. REGULATIONS.
The Secretary may promulgate such regulations as may be necessary
to carry out the provisions of this Act.
SEC. 9. NO PRECEDENT.
Nothing in this Act establishes a precedent or shall be construed
to affect any decision or other action related to restoration or
recognition of any Indian tribe other than the Clatsop-Nehalem
Confederated Tribes of Oregon. | Clatsop-Nehalem Restoration Act This bill extends federal recognition to the Clatsop-Nehalem Confederated Tribes of Oregon. Rights and privileges of the tribe and its members under any federal treaty, executive order, agreement, statute, or other federal authority that may have been diminished or lost under the Act approved August 13, 1954 are restored. That Act no longer applies to the tribe and its members. The tribe and its members are eligible to receive all federal services and benefits furnished to federally recognized Indian tribes, without regard to the existence of a reservation. Members of the tribe residing in Tillamook and Clatsop Counties in Oregon are deemed to be residing on or near a reservation. No hunting, fishing, or trapping rights of the tribe or of any member are granted or restored. Lands in Tillamook County, Oregon may not be held in trust for the tribe. An Interim Council is established as the governing body of the tribe until the tribal governing body convenes. The Department of the Interior must hold an election to elect the members of the Interim Council. The membership roll of the tribe is established and opened. | Clatsop-Nehalem Restoration Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Devil's Staircase Wilderness Act of
2009''.
SEC. 2. DESIGNATION OF WILDERNESS AREA, DEVIL'S STAIRCASE WILDERNESS,
OREGON.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), the Federal land in the State of Oregon
administered by the Forest Service and the Bureau of Land Management,
comprising approximately 30,520 acres, as generally depicted on the map
titled ``Devil's Staircase Wilderness Proposal'', dated October 26,
2009, are designated as a wilderness area for inclusion in the National
Wilderness Preservation System and to be known as the ``Devil's
Staircase Wilderness''.
(b) Map and Legal Description.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall file with the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a map and legal
description of wilderness area designated by subsection (a). The map
and legal description shall have the same force and effect as if
included in this Act, except that the Secretary may correct clerical
and typographical errors in the map and description. In the case of any
discrepancy between the acreage specified in subsection (a) and the
map, the map shall control. The map and legal description shall be on
file and available for public inspection in the Office of the Chief of
the Forest Service.
SEC. 3. ADMINISTRATION.
(a) In General.--Subject to valid existing rights, the Devil's
Staircase Wilderness Area shall be administered by the Secretaries of
Agriculture and the Interior, in accordance with the Wilderness Act and
the Oregon Wilderness Act of 1984, except that, with respect to the
wilderness area, any reference in the Wilderness Act to the effective
date of that Act shall be deemed to be a reference to the date of the
enactment of this Act.
(b) Forest Service Roads.--As provided in section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary of Agriculture
shall--
(1) decommission any National Forest System road within the
wilderness boundaries; and
(2) convert Forest Service Road 4100 within the wilderness
boundary to a trail for primitive recreational use.
SEC. 4. INCORPORATION OF ACQUIRED LAND AND INTERESTS.
Any land within the boundary of the wilderness area designated by
this Act that is acquired by the United States shall--
(1) become part of the Devil's Staircase Wilderness Area;
and
(2) be managed in accordance with this Act and any other
applicable law.
SEC. 5. FISH AND WILDLIFE.
Nothing in this Act shall be construed as affecting the
jurisdiction or responsibilities of the State of Oregon with respect to
wildlife and fish in the national forests.
SEC. 6. BUFFER ZONES.
(a) In General.--As provided in the Oregon Wilderness Act of 1984
(16 U.S.C. 1132 note; Public Law 98-328), Congress does not intend for
designation of the wilderness area under this Act to lead to the
creation of protective perimeters or buffer zones around the wilderness
area.
(b) Activities or Uses up to Boundaries.--The fact that
nonwilderness activities or uses can be seen or heard from within a
wilderness area shall not, of itself, preclude the activities or uses
up to the boundary of the wilderness area.
SEC. 7. WITHDRAWAL.
Subject to valid rights in existence on the date of enactment of
this Act, the Federal land designated as wilderness area by this Act is
withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
SEC. 8. PROTECTION OF TRIBAL RIGHTS.
Nothing in this Act shall be construed to diminish--
(1) the existing rights of any Indian tribe; or
(2) tribal rights regarding access to Federal lands for
tribal activities, including spiritual, cultural, and
traditional food gathering activities.
SEC. 9. WILD AND SCENIC RIVER DESIGNATIONS, WASSON CREEK AND FRANKLIN
CREEK, OREGON.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by inserting the following paragraphs:
``(__) Franklin creek, oregon.--The 4.5-mile segment from
the headwaters to the private land boundary in section 8 to be
administered by the Secretary of Agriculture as a wild river.
``(__) Wasson creek, oregon.--
``(A) The 4.2-mile segment from the eastern edge of
section 17 downstream to the boundary of sections 11
and 12 to be administered by the Secretary of Interior
as a wild river.
``(B) The 5.9-mile segment downstream from the
boundary of sections 11 and 12 to the private land
boundary in section 22 to be administered by the
Secretary of Agriculture as a wild river.''. | Devil's Staircase Wilderness Act of 2009 - Designates certain federal land in Oregon as the Devil's Staircase Wilderness and as a wilderness area for inclusion in the National Wilderness Preservation System.
Requires the Devil's Staircase Wilderness Area to be administered by the Secretaries of Agriculture and the Interior, subject to valid existing rights.
Requires the Secretary of Agriculture to decommission any National Forest System road within the wilderness boundaries and to convert Forest Service Road 4100 to a trail for primitive recreational use.
Deems land acquired by the United States within the boundary of the Wilderness Area as part of the Devil's Staircase Wilderness.
Specifies this Act's effect on fish and wildlife, buffer zones, and tribal rights.
Withdraws the federal land designated as a wilderness area by this Act from all forms of: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
Amends the Wild and Scenic Rivers Act to designate Franklin and Wasson Creeks in Oregon as wild rivers and as components of the Wild and Scenic Rivers System. | To provide for the designation of the Devil's Staircase Wilderness Area in the State of Oregon, to designate segments of Wasson and Franklin Creeks in the State of Oregon as wild or recreation rivers, and for other purposes. |
OFFICERS.
``The State Administrator shall establish a Problem Resolution
Office. Problem Resolution Officers shall have the authority to
investigate taxpayer complaints and enjoin collection activity if, in
the opinion of the Problem Resolution Officer, said collection activity
is reasonably likely to not be in compliance with law. Said
administrative injunction may only be reversed by the highest official
in the relevant State or Federal taxing authority or by its General
Counsel upon a finding that the collection activity is justified by
clear and convincing evidence. The authority to reverse this
administrative injunction may not be delegated. Problem Resolution
Officers shall not be disciplined or adversely affected for the
issuance of administrative injunctions unless a pattern or issuing
injunctions that are manifestly unreasonable is proven in an
administrative hearing. Nothing in this section shall limit the
authority of the State Administrators or the taxpayer to pursue any
legal remedy in any court with jurisdiction over the dispute at issue.
``SEC. 53. JURISDICTION AND INTERSTATE ALLOCATION.
``(a) Allocation Rules.--For purposes of allocating revenue between
or among administering states from taxes imposed by this subtitle, the
revenue shall be allocated to those states that are the destination of
the taxable property or services. The destination of the purchase of
taxable property and services shall be determined in accordance with
this section.
``(b) Federal Office of Revenue Allocation.--The Secretary shall
establish an Office of Revenue Allocation to arbitrate any claims or
disputes among administering states as to the destination of taxable
property and services for purposes of allocating revenue between or
among the states from taxes imposed by this subtitle. The determination
of the Administrator of the Office of Revenue Allocation shall be
subject to judicial review in any federal court with competent
jurisdiction provided, however, that the standard of review shall be
abuse of discretion.
``(c) Tangible Personal Property.--The destination of tangible
personal property shall be the state or territory in which the property
was first delivered to the purchaser. Tangible personal property
shipped by means of the mail or common carrier shall be deemed
delivered to the location of the purchaser for purposes of this
subsection upon shipment by mail or common carrier.
``(d) Real Property.--The destination of real property or rents or
leaseholds on real property shall be state or territory in which the
real property is located.
``(e) Other Property.--The destination of other property shall be
residence of the purchaser.
``(f) Services.--
``(1) General rule.--The destination of services shall be
state or territory in which the use, consumption or enjoyment
of the services occurred. Allocation of service invoices
relating to more than one jurisdiction shall be on the basis of
time.
``(2) Telecommunications services.--The destination of
telecommunications services shall be the residence of the
purchaser. Telecommunications services shall include telephone,
telegraph, cable television, satellite and computer on-line or
network services.
``(3) Domestic transportation services.--For transportation
services where all of the final destinations are within the
United States, the destination of transportation services shall
be the final destination of the trip (in the case of round or
multiple trip fares, the services amount shall be equally
allocated among the final destinations).
``(4) International transportation services.--For
transportation services where the final destination or origin
of the trip is without the United States, the service amount
shall be deemed 50 percent attributable to the United States
destination or origin.
``(g) Financial Intermediation Services.--The destination of
financial intermediation services shall be the residence of the
purchase.
``(h) A State Tax Administrator shall have jurisdiction over any
gross payments made which have a destination (as determined in
accordance with this section) within the state of said State Tax
Administrator. This grant of jurisdiction is not exclusive of other
jurisdiction that said State Tax Administrator may have.
``(i) Rents and Royalties Paid for the Lease of Tangible
Property.--
``(1) General rule.--The destination of rents and royalties
paid for the lease of tangible property shall be where the
property is located.
``(2) Vehicles.--The destination of rent and lease payments
on vehicles shall be--
``(A) in the case of rentals and leases of a term
one month or less, the location where the vehicle was
originally delivered to the lessee; and
``(B) in the case of rentals and leases of a term
greater than one month, the residence of the lessee.
``SEC. 54. TAX TO BE STATED AND CHARGED SEPARATELY.
``(a) In General.--For each purchase of taxable property or
services for which a tax is imposed pursuant to section 1, the sales
tax shall be charged separately from the purchase price by the vendor
or seller. For purchase of taxable property or services for which a tax
is imposed pursuant to section 1, the vendor shall provide to the
purchaser a receipt that sets forth at least the following information:
``(1) The property or services price exclusive of tax.
``(2) The amount of tax paid.
``(3) The property or service price inclusive of tax.
``(4) The tax rate (the amount of tax paid (per
subparagraph 2) divided by the property or service price
inclusive of tax (per subparagraph 3)).
``(5) The date that the good or service was sold.
``(6) The name of the vendor.
``(7) The vendor registration number.
``(b) Vending Machine Exception.--The requirements of subsection
(a) shall be inapplicable in the case of sales by vending machines.
Vending machines for purposes of this subsection shall mean machines--
``(1) that dispense taxable property in exchange for coins,
one, five, ten or twenty dollar bills, and
``(2) that sell no single item exceeding ten dollars per
unit in price.
``SEC. 55. INSTALLMENT AGREEMENTS; COMPROMISES.
``The State Administrator or the Secretary, as the case may be, is
authorized to enter into written agreements with any person under which
the person is allowed to satisfy liability for payment of any tax in
installment payments if he determines that such agreement will
facilitate the collection of such liability. The agreement shall remain
in effect for the term of the agreement unless the information that the
person provided to the Secretary or the State Administrator was
materially inaccurate or incomplete. The Secretary and the State
Administrator may compromise any amounts alleged to be due.
``SEC. 56. ACCOUNTING.
``(a) Cash Method To Be Used Generally.--Vendors and other persons
shall remit taxes and report transactions with respect to the month for
which payment was received or the tax imposed by this chapter otherwise
becomes due.
``(b) Election To Use Accrual Method.--A person may elect with
respect to a calendar year, in a form prescribed by the Secretary, to
remit taxes and report transactions with respect to the month where a
sale was invoiced and accrued.
``(c) Cross Reference.--
``For rules relating to bad debts for
vendors electing the accrual method, see section 11(g).
``SEC. 57. HOBBY ACTIVITIES.
``(a) The exemption afforded by section 2(a)(1) shall not be
available for any taxable property or service used by a trade or
business if that trade or business is not engaged in for profit.
``(b) If the trade or business has received gross payments for the
sale of taxable property or services that exceed the sum of--
``(1) taxable property and services purchased,
``(2) wages paid, and
``(3) taxes paid,
in 2 or more of the most recent 4 calendar years during which it
operated, then the business activity shall be conclusively deemed to be
engaged in for profit.''.
SEC. 5. PHASE-OUT OF THE INTERNAL REVENUE SERVICE.
(a) In General.--Appropriations for any expenses of the Internal
Revenue Service including processing income tax returns for years prior
to the repeal of the income tax, revenue accounting, management,
transfer of payroll tax data to the Social Security Administration and
otherwise for years after fiscal year 2005 are not authorized.
(b) Excise and Sales Tax Bureaus.--Section 7801 is amended by
adding the following new subsections:
``(d) Excise Tax Bureau.--There shall be in the Department of
Treasury an Excise Tax Bureau to administer those excise taxes not
repealed by this Act.
``(e) Sales Tax Bureau.--There shall be in the Department of
Treasury a Sales Tax Bureau to administer the national sales tax in
those States where it is required pursuant to section 31(g), and to
discharge other Federal duties and powers relating to the national
sales tax (including those required by sections 32, 33, and 53(b)). The
Office of Revenue Allocation shall be within the Sales Tax Bureau.''.
(c) Assistant General Counsels.--Section 7801(b)(2) is amended to
read as follows:
``(2) Assistant general counsels.--The Secretary of the
Treasury may appoint, without regard to the provisions of the
civil service laws, and fix the duties of not more than 5
Assistant General Counsel.''.
(d) Short Year.--
(1) For purposes of the Federal income tax, the tax imposed
by section 1 and section 11 for taxable years ending June 30,
2003, shall be modified as set forth in this subsection.
(2) For calendar year taxpayers, the dollar figures in
section 1 and section 11 shall be reduced by dividing by 2 all
dollar figures that would be applicable but for this
subsection.
(3) For fiscal year taxpayers, the dollar figures in
section 1 and section 11 shall be equal to the product of--
(A) the dollar amount that would be applicable but
for this subsection, and
(B) the ratio that has as its numerator the number
of months in the taxpayer's taxable year ending June
30, 2003, and as its denominator 12.
(4) The Secretary shall publish tax rate schedules in
accordance with this subsection.
SEC. 6. SOCIAL SECURITY ADMINISTRATION TO COLLECT PAYROLL TAXES.
(a) In General.--Commencing January 1, 2003, the Social Security
Administration shall collect and administer the taxes imposed pursuant
to chapter 2 of subtitle A (relating to self employment income taxes)
and subtitle C (relating to employment taxes) of the Internal Revenue
Code of 1986.
(b) Cross References.--
For revised rules relating to the self-
employment tax, see section 7 of this Act.
For rules relating to revised
withholding tax schedules and family consumption refund, see section
13.
SEC. 7. SELF-EMPLOYMENT TAX.
(a) In General.--Subsection 1402(a) of the Internal Revenue Code of
1986 is amended to read as follows:
``(a) In General.--`Self employment income' shall mean gross
payments received in a calendar year from the sale of taxable property
or services (without regard to exemption) less the sum in a calendar
year of--
``(1) purchases of taxable property or services (without
regard to exemption) in furtherance of a business purpose,
``(2) any wages paid (whether to the self-employed person
or others) in furtherance of a business purpose,
``(3) unused transition amounts, and
``(4) undeducted negative self employment income amounts
from prior periods.
``(b) Transition Amounts.--
``(1) General rule.--The transition amount for the ten
calendar years commencing in 2003 shall be the unrecovered
basis amount as of the end of December 31, 2002, divided by
ten.
``(2) Unrecovered basis amount.--The unrecovered basis
amount shall be remaining income tax basis relating to--
``(A) prior law section 167 property placed in
service prior to January 1, 2003, and
``(B) inventory held as of the end of 2002
(including any amounts capitalized in accordance with
prior law section 263A).''.
(b) Conforming Amendments.--Subsections 1402(b) and 1402(c) are
hereby repealed. Subsections 1402(d) et seq. are hereby renumbered as
subsections 1402(b) et seq.
SEC. 8. SOCIAL SECURITY BENEFITS INDEXED ON SALES TAX INCLUSIVE BASIS.
Subparagraph (D) of paragraph (1) of subsection (i) of section 215
of the Social Security Act (42 U.S.C. 415) (relating to cost-of-living
increases in Social Security benefits) is amended to read as follows:
``(D)(i) the term `CPI increase percentage', with respect
to a base quarter or cost-of-living quarter in any calendar
year, means the percentage (rounded to the nearest one-tenth of
1 percent) by which the Consumer Price Index for that quarter
(as prepared by the Department of Labor) exceeds such index for
the most recent prior calendar quarter which was a base quarter
under subparagraph (A)(ii) or, if later, the most recent cost-
of-living computation quarter under subparagraph (B);
``(ii) if the Consumer Price Index (as prepared by the
Department of Labor) does not include the national sales tax
paid, then the term `CPI increase percentage' with respect to a
base quarter or cost-of-living quarter in any calendar year,
means the percentage (rounded to the nearest one-tenth of 1
percent) by which the product of--
``(I) the Consumer Price Index for that quarter (as
prepared by the Department of Labor); and
``(II) the national sales tax factor,
exceeds such index for the most recent prior calendar quarter
which was a base quarter under subparagraph (A)(ii) or, if
later, the most recent cost-of-living computation quarter under
subparagraph (B); and
``(iii) for purposes of clause (ii), the `national sales
tax factor' is equal to one plus the quotient that is--
``(I) the sales tax rate (as defined in section 1
of title 26), divided by
``(II) the quantity that is one minus the sales tax
rate.''.
SEC. 9. COMPENSATING PAYMENTS TO CERTAIN PERSONS ON FIXED INCOME.
(a) Compensating Payment.--Eligible persons (as defined in
subsection (c)) shall receive a compensating payment (as defined in
subsection (b)) provided that they comply with subsection (g) (relating
to applications).
(b) Compensating Payment Defined.--The term ``compensating
payment'' means the product of the qualified fixed income payment
amount (as defined in subsection (e)) and the excess inflation rate (as
defined in subsection (f)).
(c) Eligible Person Defined.--An eligible person is any person with
respect to any calendar year who is entitled to--
(1) Social Security benefits; and
(2) qualified fixed income payments (as defined in
subsection (d)).
(d) Qualified Fixed Income Payment Defined.--A qualified fixed
income payment is a payment received by--
(1) a beneficiary under a defined benefit plan (within the
meaning of section 414(j) of the Internal Revenue Code as in
effect prior to the enactment of this Act) whether sponsored by
a private or Government employer; or
(2) by an annuitant pursuant to an annuity contract between
the annuitant and a bona fide insurance company.
A payment pursuant to a plan or annuity contract is not a qualified
fixed income payment if the payment varies with investment performance,
interest rates, or inflation. Payments pursuant to an annuity contract
entered into after June 30, 2003, shall not be qualified fixed income
payments. Payments pursuant to a defined benefit plan to a beneficiary
that had been a participant in said defined benefit plan (within the
meaning of section 410 of the Internal Revenue Code as in effect prior
to the enactment of this Act) for less than 5 years shall not be
qualified fixed income payments.
(e) Qualified Fixed Income Payment Amount.--The qualified fixed
income payment amount is \1/12\ of qualified fixed income payments that
an eligible person is entitled to receive during the calendar year
subsequent to the year for which the compensating payment is
calculated, provided, however, that the qualified fixed income payment
amount shall not exceed $5,000.
(f) Excess Inflation Rate Defined.--The term ``excess inflation
rate'' shall mean the excess, if any, of the consumer price index (all
urban) during the 18-month period ending December 31, 2004, over the
increase projected for the consumer price index (all urban) in the
Office of Management and Budget baseline reported in the Budget of the
United States for Fiscal Year 2003 for said 18-month period. The
baseline assumption for the 6 months in 2003 shall be \1/2\ of the
assumed increase for the entire calendar year 2003.
(g) Application Required.--In order to receive compensating
payments, each eligible person must apply in a form prescribed by the
Secretary of Health and Human Services and provide such documentation
as the Secretary may reasonably require.
(h) Means of Payment.--Each person entitled to a compensating
payment shall receive the compensating payment with their Social
Security benefit payment. The compensating payment shall be separately
indicated but may be included in one check. The funds to make
compensating payments shall come from the general fund.
(i) The Secretary of Health and Human Services may require insurers
that are parties to annuity contracts and defined benefit plan sponsors
to issue a statement to annuitants or plan participants including such
information as the Secretary may require to determine the qualified
fixed income payment amount.
SEC. 10. INTEREST.
Section 6621 of the Internal Revenue Code of 1986 is amended by
striking the last sentence in section 6621(a)(1) and by striking ``3''
in section 6621(a)(2)(B) and substituting in its stead ``2''.
SEC. 11. SUPERMAJORITY REQUIRED TO RAISE RATE.
(a) In General.--It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint resolution,
amendment thereto, or conference report thereon that includes any
provision that--
(1) increases any federal sales tax rate, and
(2) provides any exemption, deduction, credit or other
benefit which results in a reduction in federal revenues.
(b) Waiver or Suspension.--This section may be waived or suspended
in the House of Representatives or the Senate only by the affirmative
vote of two-thirds of the Members, duly chosen and sworn. | Individual Tax Freedom Act of 2001 - Repeals the income, estate, gift, and certain excise tax provisions of the Internal Revenue Code.Amends the Internal Revenue Code to impose a 15 percent tax on the use, consumption or enjoyment in the U.S. of any property or service produced or rendered within or without of the United States. Prohibits, subject to exception, imposing a tax on any property or service purchased for: (1) a business purpose in an active trade or business; or (2) export from the United States for use or consumption outside of the Unites States, provided that the purchaser provided the seller with either an intermediate sales certificate or an export sales certificate. Sets forth provisions concerning credits and refunds.Allows for general credits against the tax, including: (1) a used property credit; (2) a business use conversion credit; (3) an administration credit; (4) a compliance equipment cost credit; (5) a bad debt credit; (6) an insurance proceeds credit; and (7) a transition inventory credit.Provides for installment payments of the tax on the purchase of a principal residence.Allows an eligible family unit to receive a sales tax rebate.Directs an administering State to administer, collect, and remit to the U.S. Treasury the tax on gross payments for the use, consumption or enjoyment of taxable property or services within the State.Prohibits the authorizing of any appropriations for the Internal Revenue Service after FY 2005. Establishes in the Treasury: (1) an Excise Tax Bureau to administer any excise taxes not repealed by this Act; and (2) a Sales Tax Bureau to administer the national sales tax.Authorizes the Social Security Administration to collect and administer self-employment income and employment taxes.Requires a supermajority in the House of Representatives or the Senate to raise rates. | To promote freedom, fairness, and economic opportunity for families by repealing the income tax, abolishing the Internal Revenue Service, and enacting a national retail sales tax to be administered primarily by the States. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Premier Certified Lenders Program
Improvement Act of 2002''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Premier Certified Lenders Program (PCLP)
established under section 508 of the Small Business Investment
Act of 1958 (15 U.S.C. 697e) has been very successful in
helping small businesses expand.
(2) Increasing the number of premier certified lenders will
allow the Government to make available more resources to small
businesses even as the Small Business Administration downsizes.
(3) The PCLP requires premier certified lenders to set
aside unnecessarily large amounts in loss reserve accounts.
(4) Requiring premier certified lenders to maintain
unnecessarily large loss reserve accounts is inefficient and
limits the ability of lenders to serve additional small
businesses and of new lenders to join the PCLP.
(5) Premier certified lenders should be required to
maintain loss reserve accounts in amounts commensurate with the
risk of loss associated with the PCLP loan portfolio of the
lender.
(6) Changing the PCLP to require that premier certified
lenders maintain loss reserve accounts in amounts which reflect
the risk of loss associated with the loans of the PCLP will
protect taxpayers and improve the ability of the PCLP to help
small businesses create economic development.
SEC. 3. ALTERNATIVE LOSS RESERVE FOR CERTAIN PREMIER CERTIFIED LENDERS.
(a) In General.--Section 508(c) of the Small Business Investment
Act of 1958 (15 U.S.C. 697e(c)) is amended by adding at the end the
following new paragraph:
``(7) Alternative loss reserve.--
``(A) Election.--With respect to any calendar
quarter, any qualified high loss reserve PCL may elect
to have the requirements of this paragraph apply in
lieu of the requirements of paragraphs (2) and (4).
``(B) Contributions.--
``(i) Ordinary rules inapplicable.--Except
as provided under clause (ii) and paragraph
(5), a qualified high loss reserve PCL which
makes the election described in subparagraph
(A) with respect to a calendar quarter shall
not be required to make contributions to its
loss reserve during such quarter.
``(ii) Based on risk of loss.--A company
which makes the election described in
subparagraph (A) with respect to any calendar
quarter shall, before the last day of such
quarter, make such contributions to its loss
reserve as are necessary to ensure that the
amount of the loss reserve of the company is--
``(I) not less than $25,000; and
``(II) sufficient, as determined by
a third-party auditor employed by the
company, to protect the Federal
Government from the risk of loss
associated with the portfolio of PCLP
loans of the company.
``(C) Qualified high loss reserve pcl.--The term
`qualified high loss reserve PCL' means, with respect
to any calendar year, any company designated as a
premier certified lender, if the Administrator
determines that--
``(i) the amount of the loss reserve of the
company is not less than $25,000;
``(ii) the company has established a
process for analyzing the risk of loss
associated with its portfolio of PCLP loans and
for grading each PCLP loan made by the company
on the basis of the risk of loss associated
with such loan; and
``(iii)(I) in the case of a company which
was a qualified high loss reserve PCL with
respect to the preceding calendar year, a
third-party auditor employed by the company has
certified during each calendar quarter of such
year that the amount of the loss reserve of the
company is sufficient to protect the Federal
Government from the risk of loss associated
with the portfolio of PCLP loans of the
company; and
``(II) in the case of any other company, a
third-party auditor employed by the company has
certified during the preceding 90 days that the
loss reserve of the company is sufficient to
protect the Federal Government from the risk of
loss associated with the portfolio of PCLP
loans of the company.
``(D) PCLP loan.--For purposes of this paragraph,
the term `PCLP loan' means any loan guaranteed under
this section.
``(E) Calendar quarter.--For purposes of this
paragraph, the term `calendar quarter' means--
``(i) the period which begins on January 1
and ends on March 31 of each year;
``(ii) the period which begins on April 1
and ends on June 30 of each year;
``(iii) the period which begins on July 1
and ends on September 30 of each year; or
``(iv) the period which begins on October 1
and ends on December 31 of each year.''.
(b) Conforming Amendment.--Section 508(b)(2)(D) of the Small
Business Investment Act of 1958 (15 U.S.C. 697e(b)(2)(D)) is amended by
striking ``subsection (c)(2)'' and inserting ``subsection (c)''. | Premier Certified Lenders Program Improvement Act of 2002 - Amends the Small Business Investment Act of 1958 to make loss reserve requirements of lenders under the premier certified lenders (PCL) program inapplicable to PCLs that ensure that the amount of their loss reserve is: (1) not less than $25,000; and (2) sufficient, as determined by a third-party auditor, to protect the Government from the risk of loss associated with the PCL's portfolio of loans. Designates such PCLs as qualified high loss reserve PCLs. Provides related loss reserve requirements. | To amend the Small Business Investment Act of 1958 to allow certain premier certified lenders to elect to maintain an alternative loss reserve. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Sensitive Locations
Act''.
SEC. 2. POWERS OF IMMIGRATION OFFICERS AND EMPLOYEES AT SENSITIVE
LOCATIONS.
Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357)
is amended by adding at the end the following:
``(i)(1) In this subsection:
``(A) The term `appropriate committees of Congress' means--
``(i) the Committee on Homeland Security and
Governmental Affairs of the Senate;
``(ii) the Committee on the Judiciary of the
Senate;
``(iii) the Committee on Homeland Security of the
House of Representatives; and
``(iv) the Committee on the Judiciary of the House
of Representatives.
``(B) The term `enforcement action'--
``(i) means an apprehension, arrest, interview,
request for identification, search, or surveillance for
the purposes of immigration enforcement; and
``(ii) includes an enforcement action at, or
focused on, a sensitive location that is part of a
joint case led by another law enforcement agency.
``(C) The term `exigent circumstances' means a situation
involving--
``(i) the imminent risk of death, violence, or
physical harm to any person or property, including a
situation implicating terrorism or the national
security of the United States;
``(ii) the immediate arrest or pursuit of a
dangerous felon, terrorist suspect, or other individual
presenting an imminent danger; or
``(iii) the imminent risk of destruction of
evidence that is material to an ongoing criminal case.
``(D) The term `prior approval' means--
``(i) in the case of officers and agents of U.S.
Immigration and Customs Enforcement, prior written
approval to carry out an enforcement action involving a
specific individual or individuals authorized by--
``(I) the Assistant Director of Operations,
Homeland Security Investigations;
``(II) the Executive Associate Director of
Homeland Security Investigations;
``(III) the Assistant Director for Field
Operations, Enforcement and Removal Operations;
or
``(IV) the Executive Associate Director for
Field Operations, Enforcement and Removal
Operations;
``(ii) in the case of officers and agents of U.S.
Customs and Border Protection, prior written approval
to carry out an enforcement action involving a specific
individual or individuals authorized by--
``(I) a Chief Patrol Agent;
``(II) the Director of Field Operations;
``(III) the Director of Air and Marine
Operations; or
``(IV) the Internal Affairs Special Agent
in Charge; and
``(iii) in the case of other Federal, State, or
local law enforcement officers, to carry out an
enforcement action involving a specific individual or
individuals authorized by--
``(I) the head of the Federal agency
carrying out the enforcement action; or
``(II) the head of the State or local law
enforcement agency carrying out the enforcement
action.
``(E) The term `sensitive location' includes all of the
physical space located within 1,000 feet of--
``(i) any medical treatment or health care
facility, including any hospital, doctor's office,
accredited health clinic, alcohol or drug treatment
center, or emergent or urgent care facility;
``(ii) any public or private school, including any
known and licensed day care facility, preschool, other
early learning program facility, primary school,
secondary school, postsecondary school (including
colleges and universities), or other institution of
learning (including vocational or trade schools);
``(iii) any scholastic or education-related
activity or event, including field trips and
interscholastic events;
``(iv) any school bus or school bus stop during
periods when school children are present on the bus or
at the stop;
``(v) any organization that--
``(I) assists children, pregnant women,
victims of crime or abuse, or individuals with
significant mental or physical disabilities; or
``(II) provides disaster or emergency
social services and assistance;
``(vi) any church, synagogue, mosque, or other
place of worship, including buildings rented for the
purpose of religious services, retreats, counseling,
workshops, instruction, and education;
``(vii) any Federal, State, or local courthouse,
including the office of an individual's legal counsel
or representative, and a probation, parole, or
supervised release office;
``(viii) the site of a funeral, wedding, or other
religious ceremony or observance;
``(ix) any public demonstration, such as a march,
rally, or parade;
``(x) any domestic violence shelter, rape crisis
center, supervised visitation center, family justice
center, or victim services provider; or
``(xi) any other location specified by the
Secretary of Homeland Security for purposes of this
subsection.
``(2)(A) An enforcement action may not take place at, or be focused
on, a sensitive location unless--
``(i) the action involves exigent circumstances; and
``(ii) prior approval for the enforcement action was
obtained from the appropriate official.
``(B) If an enforcement action is initiated pursuant to
subparagraph (A) and the exigent circumstances permitting the
enforcement action cease, the enforcement action shall be discontinued
until such exigent circumstances reemerge.
``(C) If an enforcement action is carried out in violation of this
subsection--
``(i) no information resulting from the enforcement action
may be entered into the record or received into evidence in a
removal proceeding resulting from the enforcement action; and
``(ii) the alien who is the subject of such removal
proceeding may file a motion for the immediate termination of
the removal proceeding.
``(3)(A) This subsection shall apply to any enforcement action by
officers or agents of the Department of Homeland Security, including--
``(i) officers or agents of U.S. Immigration and Customs
Enforcement;
``(ii) officers or agents of U.S. Customs and Border
Protection; and
``(iii) any individual designated to perform immigration
enforcement functions pursuant to subsection (g).
``(B) While carrying out an enforcement action at a sensitive
location, officers and agents referred to in subparagraph (A) shall
make every effort--
``(i) to limit the time spent at the sensitive location;
``(ii) to limit the enforcement action at the sensitive
location to the person or persons for whom prior approval was
obtained; and
``(iii) to conduct themselves discreetly.
``(C) If, while carrying out an enforcement action that is not
initiated at or focused on a sensitive location, officers or agents are
led to a sensitive location, and no exigent circumstance and prior
approval with respect to the sensitive location exists, such officers
or agents shall--
``(i) cease before taking any further enforcement action;
``(ii) conduct themselves in a discreet manner;
``(iii) maintain surveillance; and
``(iv) immediately consult their supervisor in order to
determine whether such enforcement action should be
discontinued.
``(D) The limitations under this paragraph shall not apply to the
transportation of an individual apprehended at or near a land or sea
border to a hospital or health care provider for the purpose of
providing medical care to such individual.
``(4)(A) Each official specified in subparagraph (B) shall ensure
that the employees under his or her supervision receive annual training
on compliance with--
``(i) the requirements under this subsection in enforcement
actions at or focused on sensitive locations and enforcement
actions that lead officers or agents to a sensitive location;
and
``(ii) the requirements under section 239 of this Act and
section 384 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1367).
``(B) The officials specified in this subparagraph are--
``(i) the Chief Counsel of U.S. Immigration and Customs
Enforcement;
``(ii) the Field Office Directors of U.S. Immigration and
Customs Enforcement;
``(iii) each Special Agent in Charge of U.S. Immigration
and Customs Enforcement;
``(iv) each Chief Patrol Agent of U.S. Customs and Border
Protection;
``(v) the Director of Field Operations of U.S. Customs and
Border Protection;
``(vi) the Director of Air and Marine Operations of U.S.
Customs and Border Protection;
``(vii) the Internal Affairs Special Agent in Charge of
U.S. Customs and Border Protection; and
``(viii) the chief law enforcement officer of each State or
local law enforcement agency that enters into a written
agreement with the Department of Homeland Security pursuant to
subsection (g).
``(5) The Secretary of Homeland Security shall modify the Notice to
Appear form (I-862)--
``(A) to provide the subjects of an enforcement action with
information, written in plain language, summarizing the
restrictions against enforcement actions at sensitive locations
set forth in this subsection and the remedies available to the
alien if such action violates such restrictions;
``(B) so that the information described in subparagraph (A)
is accessible to individuals with limited English proficiency;
and
``(C) so that subjects of an enforcement action are not
permitted to verify that the officers or agents that carried
out such action complied with the restrictions set forth in
this subsection.
``(6)(A) The Director of U.S. Immigration and Customs Enforcement
and the Commissioner of U.S. Customs and Border Protection shall each
submit an annual report to the appropriate committees of Congress that
includes the information set forth in subparagraph (B) with respect to
the respective agency.
``(B) Each report submitted under subparagraph (A) shall include,
with respect to the submitting agency during the reporting period--
``(i) the number of enforcement actions that were carried
out at, or focused on, a sensitive location;
``(ii) the number of enforcement actions in which officers
or agents were subsequently led to a sensitive location; and
``(iii) for each enforcement action described in clause (i)
or (ii)--
``(I) the date on which it occurred;
``(II) the specific site, city, county, and State
in which it occurred;
``(III) the components of the agency involved in
the enforcement action;
``(IV) a description of the enforcement action,
including the nature of the criminal activity of its
intended target;
``(V) the number of individuals, if any, arrested
or taken into custody;
``(VI) the number of collateral arrests, if any,
and the reasons for each such arrest;
``(VII) a certification whether the location
administrator was contacted before, during, or after
the enforcement action; and
``(VIII) the percentage of all of the staff members
and supervisors reporting to the officials listed in
paragraph (4)(B) who completed the training required
under paragraph (4)(A).
``(7) Nothing in the subsection may be construed--
``(A) to affect the authority of Federal, State, or local
law enforcement agencies--
``(i) to enforce generally applicable Federal or
State criminal laws unrelated to immigration; or
``(ii) to protect residents from imminent threats
to public safety; or
``(B) to limit or override the protections provided in--
``(i) section 239; or
``(ii) section 384 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1367).''. | Protecting Sensitive Locations Act This bill amends the Immigration and Nationality Act to provide that an immigration enforcement action by the Department of Homeland Security or an individual designated to perform immigration enforcement functions may not take place at a sensitive location, unless: (1) the action involves exigent circumstances, and (2) prior approval was obtained from the appropriate official. A "sensitive location" includes all of the physical space located within 1,000 feet of: medical treatment or health care facilities; public and private schools; scholastic or education-related activities; school bus or school bus stops during periods when school children are present; any organization that assists children, pregnant women, victims of crime or abuse, or individuals with significant mental or physical disabilities or that provides disaster or emergency social services; places of worship; funerals, weddings, or other public religious ceremonies; public demonstrations; federal, state, or local courthouses; or any domestic violence shelter, rape crisis center, supervised visitation center, family justice center, or victim services provider. The bill shall not apply to the transportation of an individual apprehended at or near a land or sea border to a hospital or health care provider for the purpose of providing such individual with medical care. If an enforcement action is carried out in violation of this bill: (1) no information resulting from the action may be entered into the record or received into evidence in a resulting removal proceeding, and (2) the affected alien may file a motion for such proceeding's immediate termination. U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection shall provide training to officers and report to Congress on any enforcement activity occurring at sensitive locations. | Protecting Sensitive Locations Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prohibiting Detention of Youth
Status Offenders Act of 2014''.
SEC. 2. DEINSTITUTIONALIZATION OF STATUS OFFENDERS.
Section 223 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5633) is amended--
(1) in subsection (a)(11)--
(A) by striking ``shall'' the first place it
appears;
(B) in subparagraph (A)--
(i) in clause (i), by inserting ``and'' at
the end;
(ii) in clause (ii), by striking ``and'' at
the end;
(iii) by striking clause (iii); and
(iv) in the matter following clause (iii)
by striking ``and'' at the end;
(C) in subparagraph (B), by striking ``and'' at the
end; and
(D) by adding at the end the following:
``(C) if a court determines the juvenile should be
placed in a secure detention facility or correctional
facility for violating an order described in
subparagraph (A)(ii)--
``(i) the court shall issue a written order
that--
``(I) identifies the valid court
order that has been violated;
``(II) specifies the factual basis
for determining that there is
reasonable cause to believe that the
juvenile has violated such order;
``(III) includes findings of fact
to support a determination that there
is no appropriate less restrictive
alternative available to placing the
juvenile in such a facility, with due
consideration to the best interest of
the juvenile;
``(IV) specifies the length of
time, not to exceed 3 days, that the
juvenile may remain in a secure
detention facility or correctional
facility, and includes a plan for the
juvenile's release from such facility;
and
``(V) may not be renewed or
extended; and
``(ii) the court may not issue a second or
subsequent order described in clause (i)
relating to a juvenile, unless the juvenile
violates a valid court order after the date on
which the court issues an order described in
clause (i);
``(D) there are procedures in place to ensure that
any juvenile held in a secure detention facility or
correctional facility pursuant to a court order
described in this paragraph does not remain in custody
longer than 3 days (with the exception of weekends and
holidays) or the length of time authorized by the
court, or authorized under applicable State law,
whichever is shorter;
``(E) juvenile status offenders detained or
confined in a secure detention facility or correctional
facility pursuant to a court order as described in this
paragraph may only be detained in secure custody one
time in any six-month period, provided that all
conditions set forth in subsection (D) are satisfied;
and
``(F) not later than one year after the date of
enactment of this subparagraph, with a single one-year
extension if the State can demonstrate hardship as
determined by the Administrator, the State will
eliminate the use of valid court orders as described in
paragraph (A)(ii) to provide secure lockup of status
offenders;''; and
(2) by adding at the end the following:
``(g) Applications for Extension for Compliance.--States may apply
for a single one-year extension to comply with subsection (a)(11). To
apply, State must submit an application to the Administrator
describing--
``(1) the State's measurable progress and good faith effort
to reduce the number of status offenders who are placed in a
secure detention facility or correctional facility pursuant to
a court order as described in this paragraph; and
``(2) the State's plan to come into compliance not later
than 1 year after the date of extension.''. | Prohibiting Detention of Youth Status Offenders Act of 2014 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974, with respect to the detention of a juvenile status offender (a juvenile arrested for an offense that would not be a crime if committed by an adult) who violates a valid court order, to require the court placing such juvenile in detention to issue a written order that: (1) identifies the valid court order that has been violated; (2) specifies the factual basis for determining that there is reasonable cause to believe that the juvenile has violated such order; (3) includes findings of fact to support a determination that there is no appropriate less restrictive alternative available to placing the juvenile in a secure detention or correctional facility, with due consideration to the best interest of the juvenile; (4) specifies the length of time, not to exceed three days, that the juvenile may remain in such facility and includes a plan for the juvenile's release; and (5) may not be renewed or extended. Provides that a juvenile status offender may only be detained once in any six-month period. Eliminates, not later than one year after the enactment of this Act, the use of valid court orders to provide secure lockup of juvenile status offenders. | Prohibiting Detention of Youth Status Offenders Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Perkins County Rural Water System
Act of 1999''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) in 1977, the North Dakota State Legislature authorized and
directed the State Water Commission to conduct the Southwest Area
Water Supply Study, which included water service to a portion of
Perkins County, South Dakota;
(2) amendments made by the Garrison Diversion Unit
Reformulation Act of 1986 (Public Law 101-294) authorized the
Southwest Pipeline project as an eligible project for Federal cost
share participation; and
(3) the Perkins County Rural Water System has continued to be
recognized by the State of North Dakota, the Southwest Water
Authority, the North Dakota Water Commission, the Department of the
Interior, and Congress as a component of the Southwest Pipeline
Project.
SEC. 3. DEFINITIONS.
In this Act:
(1) Corporation.--The term ``Corporation'' means the Perkins
County Rural Water System, Inc., a nonprofit corporation
established and operated under the laws of the State of South
Dakota substantially in accordance with the feasibility study.
(2) Feasibility study.--The term ``feasibility study'' means
the study entitled ``Feasibility Study for Rural Water System for
Perkins County Rural Water System, Inc.'', as amended in March
1995.
(3) Project construction budget.--The term ``project
construction budget'' means the description of the total amount of
funds that are needed for the construction of the water supply
system, as described in the feasibility study.
(4) Pumping and incidental operational requirements.--The term
``pumping and incidental operational requirements'' means all power
requirements that are incidental to the operation of the water
supply system by the Corporation.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Commissioner of the Bureau of
Reclamation.
(6) Water supply system.--The term ``water supply system''
means intake facilities, pumping stations, water treatment
facilities, cooling facilities, reservoirs, and pipelines operated
by the Perkins County Rural Water System, Inc., to the point of
delivery of water to each entity that distributes water at retail
to individual users.
SEC. 4. FEDERAL ASSISTANCE FOR WATER SUPPLY SYSTEM.
(a) In General.--The Secretary shall make grants to the
Corporation for the Federal share of the costs of--
(1) the planning and construction of the water supply system;
and
(2) repairs to existing public water distribution systems to
ensure conservation of the resources and to make the systems
functional under the new water supply system.
(b) Limitation on Availability of Construction Funds.--The
Secretary shall not obligate funds for the construction of the water
supply system until--
(1) the requirements of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) are met with respect to the water
supply system; and
(2) a final engineering report and a plan for a water
conservation program have been prepared and submitted to Congress
for a period of not less than 90 days before the commencement of
construction of the system.
SEC. 5. MITIGATION OF FISH AND WILDLIFE LOSSES.
Mitigation of fish and wildlife losses incurred as a result of the
construction and operation of the water supply system shall be on an
acre-for-acre basis, based on ecological equivalency, concurrent with
project construction, as provided in the feasibility study.
SEC. 6. USE OF PICK-SLOAN POWER.
For operation during the period beginning May 1 and ending October
31 of each year, portions of the water supply system constructed with
assistance under this Act shall be eligible to utilize power from the
Pick-Sloan Missouri Basin Program established by section 9 of the Act
of December 22, 1944 (chapter 665; 58 Stat. 887), popularly known as
the Flood Control Act of 1944.
SEC. 7. FEDERAL SHARE.
The Federal share under section 4 shall be 75 percent of--
(1) the amount allocated in the total project construction
budget for the planning and construction of the water supply system
under section 4; and
(2) such sums as are necessary to defray increases in
development costs reflected in appropriate engineering cost indices
after March 1, 1995.
SEC. 8. NON-FEDERAL SHARE.
The non-Federal share under section 4 shall be 25 percent of--
(1) the amount allocated in the total project construction
budget for the planning and construction of the water supply system
under section 4; and
(2) such sums as are necessary to defray increases in
development costs reflected in appropriate engineering cost indices
after March 1, 1995.
SEC. 9. CONSTRUCTION OVERSIGHT.
(a) Authorization.--At the request of the Corporation, the
Secretary may provide to the Corporation assistance in overseeing
matters relating to construction of the water supply system.
(b) Project Oversight Administration.--The amount of funds used by
the Secretary for planning and construction of the water supply system
may not exceed an amount equal to 3 percent of the amount provided in
the total project construction budget for the portion of the project to
be constructed in Perkins County, South Dakota.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary--
(1) $15,000,000 for the planning and construction of the water
supply system under section 4; and
(2) such sums as are necessary to defray increases in
development costs reflected in appropriate engineering cost indices
after March 1, 1995.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Requires the mitigation of fish and wildlife losses during System construction and operation on an acre-for-acre basis, based on ecological equivalency, and concurrent with project construction.
Makes portions of the System constructed with assistance under this Act eligible to utilize power from the Pick-Sloan Missouri Basin Program for operation from May 1 to October 31 of each year.
Provides the Federal share (75 percent) of System planning, construction, and development costs.
Authorizes the Secretary, at the Corporation's request, to provide assistance in overseeing matters relating to System construction.
Authorizes appropriations. | Perkins County Rural Water System Act of 1999 |
SECTION 1. PROHIBITION.
(a)(1) The Secretary of the Interior shall not issue a lease,
permit, or license for the exploration for or extraction of oil or gas
on or from submerged lands described in subsection (b).
(2)(A) No person shall explore for or extract oil or gas on or from
any area of the submerged lands described in subsection (b) after the
date of the cancellation, expiration, relinquishment, surrender, or
termination of a lease with respect to such area.
(B) Except as provided in subparagraph (A), this subsection shall
not prohibit exploration for or extraction of oil or gas on or from any
area of submerged lands under the terms of a lease, permit, or license
in effect on the date of enactment of this Act with respect to such
area.
(b)(1) The lands with respect to which subsection (a) applies shall
include--
(A) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 100 miles of any
point of the coast line of the State of Florida, including
areas with respect to which a moratorium on oil and gas leasing
activities existed before the date of enactment of this Act,
and all submerged lands south of 26 degrees north latitude and
east of 86 degrees west longitude;
(B) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 100 miles of any
point of the coast line of the State of Georgia;
(C) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 100 miles of any
point of the coast line of the State of South Carolina;
(D) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 175 miles of any
point of the coast line of the State of North Carolina;
(E) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 100 miles of any
point of the coast line of the State of Virginia;
(F) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 50 miles of any
point of the coast line of the State of Maryland, including
areas with respect to which a moratorium on oil and gas leasing
activities existed before the date of enactment of this Act;
(G) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 100 miles of any
point of the coast line of the State of Delaware, including
areas with respect to which a moratorium on oil and gas leasing
activities existed before the date of enactment of this Act;
(H) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 125 miles of any
point of the coast line of the State of New Jersey, including
areas with respect to which a moratorium on oil and gas leasing
activities existed before the date of enactment of this Act;
(I) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 125 miles of any
point of the coast line of the State of New York, including
areas with respect to which a moratorium on oil and gas leasing
activities existed before the date of enactment of this Act;
(J) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 125 miles of any
point of the coast line of the State of Connecticut, including
areas with respect to which a moratorium on oil and gas leasing
activities existed before the date of enactment of this Act;
(K) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 125 miles of any
point of the coast line of the State of Rhode Island, including
areas with respect to which a moratorium on oil and gas
leasing activities existed before the date of enactment of this Act;
(L) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 50 miles of any
point of the coast line of the State of Massachusetts,
including areas with respect to which a moratorium on oil and
gas leasing activities existed before the date of enactment of
this Act, and lands within the 400 meter isobath surrounding
Georges Bank, identified by the Department of the Interior as
consisting of the following blocks: in protraction diagram NJ
19-1, blocks numbered 12-16, 54-55 and 57-58; in protraction
diagram NK 19-5, blocks numbered 744, 788, 831-832, and 1005-
1008; in protraction diagram NK 19-6, blocks numbered 489-491,
532-537, 574-576, 578-581, 618-627, 661-662, 664-671, 705-716,
749-761, 793-805, and 969-971; in protraction diagram NK 19-8,
blocks numbered 37-40, 80-84, 124-127, and 168-169; in
protraction diagram NK 19-9, blocks numbered 13-18, 58-63, 102-
105, 107-108, 146-149, 151-152, 191-193, 195-197, 235-237, 240-
242, 280-282, 284-286, 324-331, 368-376, 412-420, 456-465, 500-
510, 543-554, 587-594, 596-599, 631-637, 640-644, 675-688, 718-
733, 762-778, 805-821, 846-865, 887-891, 894-908, 930-950, and
972-994; in protraction diagram NK 19-10, blocks numbered 474-
478, 516-524, 560-568, 604-612, 647-660, 692-704, 737-748, 787-
792, 830-836, 873-880, 967-968, and 1011-1012; in protraction
diagram NK 19-11, blocks numbered 621-632, 665-676, 700, 709-
720, 744, 753-764, 785, 797-808, 825-827, 841-852, 856-860,
869, 890-905, 907-909, 929-931, 941-945, 947-949, 973-975, and
985-989; and in protraction diagram NK 19-12, blocks numbered
452-456, 495-499, 536-537, 539-541, 575-577, 579-582, 617-621,
623-624, 661-662, 664-665, and 705-706;
(M) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 100 miles of any
point of the coast line of the State of New Hampshire;
(N) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 100 miles of any
point of the coast line of the State of Maine;
(O) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 145 miles of any
point of the coast line of the State of California, including
areas with respect to which a moratorium on oil and gas leasing
activities existed before the date of enactment of this Act;
(P) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 100 miles of any
point of the coast line of the State of Oregon;
(Q) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 100 miles of any
point of the coast line of the State of Washington; and
(R) all submerged lands seaward from the landward boundary
of the Outer Continental Shelf that lie within 100 miles of any
point of the coast line of the State of Alaska, including areas
with respect to which a moratorium on oil and gas leasing
activities existed before the date of enactment of this Act.
(2) The lands with respect to which subsection (a) applies shall
not include any portion of the Central or Western Gulf of Mexico
planning areas of the Department of the Interior.
(c)(1)(A) Notwithstanding section 5(a)(2) (A) and (B) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1334(a)(2) (A) and (B)), the
Secretary of the Interior shall cancel any lease or permit in effect on
the date of enactment of this Act in areas described in subparagraph
(B), and such cancellation shall entitle the lessee to receive
compensation under section 5(a)(2)(C) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1334(a)(2)(C)).
(B) The areas with respect to which subparagraph (A) applies are as
follows:
(i) Any lands south of 26 degrees north latitude and east
of 86 degrees west longitude.
(ii) Any lands within the North Aleutian Basin planning
area of the Department of the Interior.
(2) The Secretary of the Interior shall report to the Congress
within 9 months after the date of the enactment of this Act on
alternative options for compensating leaseholders on blocks numbered
204, 246, 247, 290, 291, 334, 335, 378, 379, 422, 423, 466, 467, 510,
511, 553, 554, 555, 597, 598, 599, 640, 641, and 642 on protraction
diagram NI 18-2 of the Universal Transverse Mercator Grid System,
assuming the compensation procedures outlined in section 5 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1334). These options shall
include, to the extent practicable, credits in lieu of appropriations,
such as credits on Federal royalties on producing Outer Continental
Shelf leases. | Prohibits the Secretary of the Interior from issuing a lease, permit, or license for oil or gas exploration or extraction on specified portions of the Outer Continental Shelf on both the Atlantic and Pacific coasts, including Alaska. Excludes from such proscription the Central and Western Gulf of Mexico planning areas of the Department of the Interior. | To prohibit the Secretary of the Interior from issuing oil and gas leases on certain portions of the Outer Continental Shelf. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nigeria Democracy Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Nigeria is one of the most important countries in
Africa, with the largest population on the continent, a
critically important role in West Africa, and tremendous
economic and human potential.
(2) The American and Nigerian people have enjoyed a long
history of friendship and cooperation.
(3) Since independence in 1960, Nigeria has experienced a
series of military and civilian governments, marked by coups
and political instability, including the devastating and tragic
civil war in the Biafra region.
(4) On June 12, 1993, Nigeria held a presidential election,
which most observers believe generally represented the will of
the Nigerian people despite imperfections in the electoral
process, but the Nigerian military government nullified that
election and later installed an interim government.
(5) On September 23, 1993, General Sani Abacha overthrew
the interim government and assumed power in a military coup,
and more than two years later, on October 1, 1995, he announced
a three-year transition to democratic elections, a period
widely regarded as unnecessarily long.
(6) The rule of General Abacha has been marked by egregious
human rights abuses, a devastating economic decline, and
rampant corruption.
(7) On November 10, 1995, Ken Saro-Wiwa, an
internationally-recognized human rights activist, and eight
others, were executed following a seriously-flawed judicial
proceeding despite numerous pleas for clemency from the
international community; others, including M.K.O. Abiola,
General Obasanjo, Beko Ransome-Kuti, and General Sheu Musa
Yar'Adua, have been sentenced in secret tribunals to long
prison terms.
(8) Since 1993, the United States and other members of the
international community, including Great Britain, have imposed
limited sanctions against Nigeria to promote human rights and
an expeditious transition to civilian, democratic government,
but these efforts have had limited impact.
(9) The continued military rule of General Abacha
undermines confidence in the Nigerian economy, damages
relations between Nigeria and the United States, threatens the
political and economic stability of West Africa, and harms the
lives of the people of Nigeria.
SEC. 3. DECLARATION OF POLICY.
The Congress declares that the United States, working in concert
with the international community, should maintain a policy toward the
Government of Nigeria that is designed to protect internationally
recognized human rights, expedite the transition to civilian,
democratic government, and promote equitable economic development in
Nigeria.
SEC. 4. SANCTIONS AGAINST THE GOVERNMENT OF NIGERIA.
(a) United States Measures To Promote Democracy and Human Rights.--
(1) No assistance.--No assistance may be made available
under the Foreign Assistance Act of 1961 or the Arms Export
Control Act to the Government of Nigeria.
(2) International financial institutions.--The President
shall instruct the United States Executive Director of each
international financial institution to vote against any loan or
other utilization of the funds of the respective institution to
or from Nigeria.
(3) Air transportation.--Air transportation with Nigeria
shall be prohibited in accordance with subsection (b).
(4) Defense articles and services.--No defense article or
defense service may be sold or financed with respect to
Nigeria, and no license to export to Nigeria a defense article
or service may be issued.
(5) Exclusion of nigerians from admission to the united
states.--Except as required by United States treaty
obligations, any Nigerian national who formulates, implements,
or benefits from policies which hinder Nigeria's transition to
democracy and members of their immediate families shall be
ineligible to receive a visa and shall be excluded from
admission into the United States.
(6) Eximbank, opic, and tda.--No funds available to the
Export-Import Bank of the United States, the Overseas Private
Investment Corporation, or the Trade and Development Agency may
be used with respect to Nigeria.
(7) Prohibition of new investment.--
(A) No national of the United States may, directly
or through another person, invest or participate in the
liquefied natural gas project at Bonny, Nigeria.
(B) In addition to the prohibition contained in
subparagraph (A), no national of the United States may,
directly or through another person, make any new
investment in Nigeria, including new investments in the
energy sector.
(C) The prohibition contained in subparagraph (B)
shall take effect 45 days after the date of enactment
of this Act.
(8) Assets freeze.--The President, acting through the
Secretary of the Treasury, shall exercise the authority of the
International Emergency Economic Powers Act to block the assets
of any Nigerian national who formulates, implements, or
benefits from policies which hinder Nigeria's transition to
democracy and members of their immediate families.
(9) Sports.--It is the sense of Congress that the
international community should consider excluding or suspending
Nigeria from international sports activities, including the
1996 Summer Olympic Games.
(b) Prohibition of Air Transportation With Nigeria.--(1)(A) The
President shall immediately notify the Government of Nigeria of his
intention to suspend the rights of any air carrier designated by the
Government of Nigeria under any air transport agreement between the
United States and Nigeria to service the routes provided in the
agreement.
(B) Ten days after the date of enactment of this Act, the President
shall direct the Secretary of Transportation to revoke the right of any
air carrier designated by the Government of Nigeria under such
agreement to provide service pursuant to the agreement.
(C) Ten days after the date of enactment of this Act, the President
shall direct the Secretary of Transportation not to permit or otherwise
designate any United States air carrier to provide service between the
United States and Nigeria pursuant to such agreement.
(2)(A) The Secretary of State shall terminate any air transport
agreement between the Government of the United States and the
Government of Nigeria in accordance with the provisions of that
agreement.
(B) Upon termination of such agreement, the Secretary of
Transportation shall prohibit any aircraft of a foreign air carrier
owned, directly of indirectly, by the Government of Nigeria or by
Nigerian nationals from engaging in air transportation with respect to
the United States.
(C) The Secretary of Transportation shall prohibit the takeoff and
landing in Nigeria of any aircraft by an air carrier owned, directly or
indirectly, or controlled by a national of the United States or by any
corporation or other entity organized under the laws of the United
States or of any State.
(3) The prohibitions contained in paragraph (1) or (2) do not apply
when such air transportation is important to the national interest of
the United States, including emergencies in which the safety of an
aircraft or its crew or passengers is threatened.
(4) For the purposes of this subsection, the terms ``aircraft'',
``air transportation'', and ``foreign air carrier'' have the meanings
given those terms in section 101 of the Federal Aviation Act of 1958
(49 U.S.C. 1301).
(c) Multilateral Measures To Promote Democracy and Human Rights.--
(1) The President should actively urge other countries to undertake
steps, similar to those in subsections (a)(1)-(9), including freezing
assets, to promote democracy and human rights in Nigeria.
(2) The President, acting through the United States Permanent
Representative to the United Nations, should actively pursue the
passage of a resolution in the United Nations Security Council to
impose an international arms embargo against Nigeria.
(3) The President, both at the United Nations and together with
other members of the international community, should actively seek
multilateral support for an international embargo on the sale or
distribution of any crude oil or refined petroleum product from
Nigeria.
(4) The President, acting through his representative, should
actively pursue the passage of a resolution condemning Nigeria at the
United Nations Human Rights Commission.
(d) Waiver of Sanctions.--(1) The President may waive any of the
sanctions contained in this section if he certifies to Congress--
(A) that the Government of Nigeria has--
(i) released all political prisoners;
(ii) demonstrated a commitment to respecting
internationally recognized human rights, including
respect for the rule of law; and
(iii) demonstrated an unequivocal commitment to
civilian, democratic government; or
(B) such waiver is important to the national interest of
the United States.
(2) In addition to the grounds of waiver set forth in paragraph
(1), the President may waive the sanctions contained in subsection
(a)(1) or (a)(4) for purposes of supporting international peacekeeping
operations.
(e) Termination of Sanctions.--The sanctions contained in this
section terminate when the President certifies to Congress that the
conditions contained in subsection (d)(1) have been met and the
Nigerian Government is civilian and democratic.
SEC. 5. ADDITIONAL MEASURES.
(a) Sense of Congress.--It is the sense of Congress that the United
States should impose additional measures against the Government of
Nigeria if substantial progress has not been made within three months
of the date of enactment of this Act in moving toward the establishment
of civilian, democratic government and respect for internationally
recognized human rights.
(b) Report.--(1) The President shall prepare and transmit to the
Congress within three months of enactment of this Act a report on the
extent to which significant progress has been made toward the
establishment of civilian, democratic government and respect for
internationally recognized human rights.
(2) If the President determines that significant progress has not
been made by the Government of Nigeria in moving toward establishment
of civilian, democratic government and respect for internationally
recognized human rights, the President shall include in the report
required by paragraph (1) steps taken under paragraphs (2) and (3) or
subsection 4(c) to build support for an international oil and arms
embargo, as well as a recommendation and analysis of additional
unilateral measures to be imposed, including a unilateral oil embargo
and a ban on the export of any refined petroleum product to Nigeria.
SEC. 6. DEFINITIONS.
As used in this Act:
(1) International financial institution.--The term
``international financial institutions'' includes the
International Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Mutual Investment Guarantee Agency,
the African Development Bank, the African Development Fund, and
the International Monetary Fund.
(2) National of the united states.--The term ``national of
the United States'' means--
(A) a natural person who is a citizen of the United
States or is an alien lawfully admitted for permanent
residence in the United States, as defined by section
101(a)(20) of the Immigration and Nationality Act; or
(B) a corporation, partnership, or other business
association which is organized under the law of the
United States, any State or territory thereof, or the
District of Columbia.
(3) New investment.--The term ``new investment''--
(A) means--
(i) a commitment or contribution of funds
or other assets, and
(ii) a loan or other extension of credit,
and
(B) does not include--
(i) the reinvestment of profits generated
by a controlled Nigerian entity into that same
controlled Nigerian entity or the investment of
such profits in a Nigerian entity; and
(ii) contributions of money or other assets
where such contributions are necessary to
enable a controlled Nigerian entity to operate
in an economically sound manner, without
expanding its operations.
(4) Nigerian entity.--The term ``Nigerian entity'' means--
(A) a corporation, partnership, or other business
association or entity organized in Nigeria; or
(B) a branch, office, agency, or sole
proprietorship in Nigeria of a person that resides or
is organized outside Nigeria. | Nigeria Democracy Act - Imposes certain economic sanctions against Nigeria to promote democracy and human rights there.
Directs the President to notify Nigeria immediately of his intention to suspend air transportation between the United States and such country. Urges the President to seek multilateral support for an international embargo on the sale of arms to, and sale of crude oil or refined petroleum products from, Nigeria.
Authorizes waiver of such sanctions if the President certifies to the Congress that: (1) Nigeria has released all political prisoners and demonstrated a commitment to respecting internationally-recognized human rights and civilian, democratic government; or (2) such waiver is important to the national interest.
Declares the sense of the Congress that the United States should impose additional measures against the Government of Nigeria if substantial progress has not been made within three months after enactment of this Act toward the establishment of civilian, democratic government and respect for internationally recognized human rights. Requires a progress report from the President to the Congress, including specified recommendations if progress has not been made. | Nigeria Democracy Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Veterans Disabled for Life
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Armed Forces of the United States have answered the
call and served with distinction around the world--from hitting
the beaches in World War II in the Pacific and Europe, to the
cold and difficult terrain in Korea, the steamy jungles of
Vietnam, and the desert sands of the Middle East.
(2) All Americans should commemorate those who come home
having survived the ordeal of war, and solemnly honor those who
made the ultimate sacrifice in giving their lives for their
country.
(3) All Americans should honor the millions of living
disabled veterans who carry the scars of war every day, and who
have made enormous personal sacrifices defending the principles
of our democracy.
(4) In 2000, Congress authorized the construction of the
American Veterans Disabled for Life Memorial.
(5) The United States should pay tribute to the Nation's
living disabled veterans by minting and issuing a commemorative
silver dollar coin.
(6) The surcharge proceeds from the sale of a commemorative
coin would raise valuable funding for the construction of the
American Veterans Disabled for Life Memorial.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 350,000 $1 coins in commemoration of disabled American
veterans, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the design selected by the Disabled
Veterans' LIFE Memorial Foundation for the American Veterans
Disabled for Life Memorial.
(2) Designation and inscriptions.--On each coin minted
under this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2010''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
Disabled Veterans' LIFE Memorial Foundation and the Commission
of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--
(1) In general.--Only 1 facility of the United States Mint
may be used to strike any particular quality of the coins
minted under this Act.
(2) Use of the united states mint at west point, new
york.--It is the sense of the Congress that the coins minted
under this Act should be struck at the United States Mint at
West Point, New York, to the greatest extent possible.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the calendar year beginning on January 1, 2010.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7 with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be paid to the Disabled Veterans'
LIFE Memorial Foundation for the purpose of establishing an endowment
to support the construction of American Veterans' Disabled for Life
Memorial in Washington, D.C.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Disabled Veterans' LIFE Memorial Foundation as may be
related to the expenditures of amounts paid under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection. | American Veterans Disabled for Life Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $1 silver coins in commemoration of disabled American veterans and emblematic of the design selected by the Disabled Veterans' LIFE Memorial Foundation for the American Veterans Disabled for Life Memorial.
Expresses the sense of Congress that, to the greatest extent possible, the coins should be struck at the U.S. Mint at West Point, New York.
Limits the period for coin issuance to calendar year 2010.
Imposes a $10 surcharge per coin, to be distributed to the Disabled Veterans' LIFE Memorial Foundation for the purpose of establishing an endowment to support the construction of American Veterans' Disabled for Life Memorial in Washington, D.C. | A bill to require the Secretary of the Treasury to mint coins in commemoration of veterans who became disabled for life while serving in the Armed Forces of the United States. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Los Padres National Forest Land
Exchange Act of 2005''.
SEC. 2. LAND EXCHANGE, LOS PADRES NATIONAL FOREST, CALIFORNIA.
(a) Exchange Required.--If the United Water Conservation District
of California (in this section referred to as the ``District'') conveys
to the Secretary of Agriculture all right, title, and interest of the
District in and to the lands described in subsection (b), the Secretary
shall convey to the District, in exchange for such lands, all right,
title, and interest of the United States in and to the National Forest
System lands described in subsection (c). The conveyance of National
Forest System lands under this section shall be subject to valid
existing rights and to such terms, conditions, and reservations as may
be required by this section or considered necessary by the Secretary.
(b) Lands to Be Conveyed by District.--The lands to be conveyed by
the District under subsection (a) consist of approximately 340 acres
located within township 5 north, range 18 west, San Bernardino base and
meridian and are more fully described as follows:
(1) ``Tract A''--SE1/4NE1/4 of section 16 (approximately 40
acres).
(2) ``Tract B''--NE1/4SE1/4 of section 16 (approximately 40
acres).
(3) ``Tract C''--S1/2SE1/4 of section 16 (approximately 80
acres).
(4) ``Tract D''--NE1/4 of section 21 (approximately 160
acres).
(5) ``Tract E''--N1/2SW1/4SW1/4 of section 15
(approximately 20 acres).
(c) Lands to Be Conveyed by Secretary.--The National Forest System
lands to be conveyed by the Secretary under subsection (a) consist of
approximately 440 acres located within township 5 north, range 18 west,
San Bernardino base and meridian and are more fully described as
follows:
(1) ``Tract 1''--E1/2SW1/4 of section 10 (approximately 80
acres).
(2) ``Tract 2''--NE1/4NW1/4 of section 15 (approximately 40
acres).
(3) ``Tract 3''--S1/2SW1/4SW1/4SE1/4 of section 15
(approximately 5 acres).
(4) ``Tract 4''--N1/2S1/2S1/2SE1/4 of section 15
(approximately 20 acres).
(5) ``Tract 5''--S1/2N1/2SW1/4SE1/4 of section 15
(approximately 10 acres).
(6) ``Tract 6''--N1/2NW1/4SW1/4SE1/4 of section 15
(approximately 5 acres).
(7) ``Tract 7''--SW1/4SE1/4 of section 15 (approximately
2.5 acres).
(8) ``Tract 8''--S1/2NW1/4SE1/4SE1/4 of section 15
(approximately 5 acres).
(9) ``Tract 9''--SW1/4NE1/4SE1/4SE1/4 of section 15
(approximately 2.5 acres).
(10) ``Tract 10''--W1/2W1/2NW1/4SE1/4 of section 15
(approximately 10 acres).
(11) ``Tract 11''--SE1/4SW1/4NW1/4SE1/4 of section 15
(approximately 2.5 acres).
(12) ``Tract 12''--SW1/4SE1/4NW1/4SE1/4 of section 15
(approximately 2.5 acres).
(13) ``Tract 13''--W1/2W1/2SW1/4NE1/4 of section 15
(approximately 10 acres).
(14) ``Tract 14''--SW1/4SW1/4NE1/4 of section 22
(approximately 10 acres).
(15) ``Tract 15''--NW1/4NW1/4NW1/4NE1/4 of section 22
(approximately 2.5 acres).
(16) ``Tract 16''--SW1/4NW1/4SW1/4NE1/4 of section 22
(approximately 2.5 acres).
(17) ``Tract 17''--W1/2NW1/4SE1/4 of section 22
(approximately 20 acres).
(18) ``Tract 18''--SW1/4SE1/4 of section 22 (approximately
40 acres).
(19) ``Tract 19''--E1/2SW1/4 of section 22 (approximately
80 acres).
(20) ``Tract 20''--N1/2NW1/4SW1/4 of section 22
(approximately 20 acres).
(21) ``Tract 21''--W1/2NE1/4 of section 27 (approximately
60 acres).
(22) ``Tract 22''--NE1/4SW1/4NW1/4 of section 27
(approximately 10 acres).
(d) Maps and Corrections Authority.--The lands to be exchanged
under this section are depicted on maps entitled ``Los Padres National
Forest Land Exchange'' and dated June 1, 2005. The maps shall be on
file and available for public inspection in appropriate offices of the
Forest Service until completion of the land exchange. By mutual
agreement, the Secretary and the District may adjust the legal
descriptions specified in subsections (b) and (c) and the boundaries
depicted on the maps based upon survey or a determination that a
modification would be in the public interest to correct errors or make
minor adjustments in the lands to be exchanged under this section.
(e) Processing of Land Exchange.--
(1) Equal value exchange.--The land exchange under this
section shall be conducted on an equal value basis, as
determined by the appraisal done in conformity with the Uniform
Appraisal Standards for Federal Lands Standards for Acquisition
and Forest Service appraisal instructions.
(2) Title standards.--The Secretary shall require that
title to the District lands to be acquired by the Secretary
under this section is in conformity with the title standards of
the Attorney General.
(3) Completion.--The Secretary shall endeavor to complete
the land exchange under this section within one year after the
date of the enactment of this Act.
(f) Easements and Access.--
(1) Reservation.--In the conveyance of the National Forest
System lands under this section, the Secretary shall reserve
easements for all roads and trails that the Secretary considers
to be necessary or desirable to provide for administrative
purposes and to ensure public access to National Forest System
lands. In particular, the Secretary shall reserve perpetual
unrestricted rights of pedestrian and equestrian access over
all existing roads and trails.
(2) Construction of parking lot.--As a condition on the
receipt of National Forest System lands under this section, the
District shall agree to construct a gravel parking area upon
District lands to provide access to the Potholes trail of the
Los Padres National Forest. The site design for the parking
area shall be subject to the approval by the Secretary. The
District may reasonably regulate vehicular access to the
parking area in accordance with rules and regulations
promulgated in accordance with applicable law.
(g) Partial Revocation of Withdrawals.--The public lands
withdrawals provided by the Act of May 29, 1928 (Chapter 868; 45 Stat.
956), Power Site Classification No. 414-USGS, June 22, 1951, FERC Power
Project No. 2153, January 15, 1957, and Forest Service Land Order No.
3338, February 28, 1964, are hereby revoked insofar as they effect the
National Forest System lands conveyed under this section.
(h) Water Rights.--The land exchange under this section does not
include any water rights owned by the District or the United States.
(i) Cash Equalization.--
(1) Limits waived.--The values of the lands to be exchanged
under this section may be equalized through the payment of a
cash equalization payment in an amount in excess of the
statutory limit specified in section 206 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1716).
(2) Disposition and use of funds.--Any cash equalization
payment received by the Secretary under this section shall be
deposited into the fund established by Public Law 90-171
(commonly known as the Sisk Act; 16 U.S.C. 484a). The payment
shall be available to the Secretary for expenditure, without
further appropriation and until expended, for the acquisition,
construction, or improvement of administrative or recreational
facilities for the Los Padres National Forest in Ventura
County, Santa Barbara County, and San Luis Obispo County,
California, or for the acquisition of land or interests in land
in such counties.
(j) Administrative Costs.--The costs of conducting the land
exchange under this section shall be shared equally by the District and
the Secretary. The costs to be shared include expenditures incurred for
survey, mapping, appraisals, closing costs, recording fees, and similar
expenditures, but do not include staff salaries, administrative
overhead, attorney' fees, the cost of construction required by
subsection (f)(2), or the costs to cure any title defects.
(k) Effect of Exchange; Management of Acquired Lands.--For purposes
of section 7 of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-9), the boundaries of the Los Padres National Forest, as
adjusted as a result of the land exchange under this section, shall be
considered to be the boundaries of that national forest as of January
1, 1965. The District lands acquired by the Secretary under this
section shall be added to and administered as part of the Los Padres
National Forest in accordance with the laws and regulations applicable
to that national forest.
Passed the House of Representatives June 12, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Los Padres National Forest Land Exchange Act of 2005 - Authorizes an exchange of approximately 340 acres held by the United Water Conservation District of California (the District lands) and approximately 440 acres of National Forest System lands.
Requires the land exchange to be conducted on an equal value basis, as determined by appraisal.
Directs the Secretary to reserve easements in the conveyance of the National Forest System (NFS) lands for access to roads and trails that the Secretary considers to be necessary or desirable to provide for administrative purposes and to ensure public access to NFS lands. Requires the District, as a condition on the receipt of the NFS land, to agree to construct a gravel parking area upon the District lands to provide access to the Potholes trail of the Los Padres National Forest. Subjects the site design for the parking area to approval by the Secretary. Permits the District to reasonably regulate vehicular access to the parking area.
Revokes certain public lands withdrawals insofar as they affect the conveyed NFS lands.
Exempts water rights from this land exchange.
Permits the the values of the lands to be exchanged to be equalized through the payment of a cash equalization payment in excess of the statutory limit specified under the Federal Land Policy and Management Act of 1976.
Requires the deposit of any cash equalization payment received by the Secretary under this Act into the fund established by the Sisk Act. Makes such payment available to the Secretary for expenditure for the acquisition, construction, or improvement of administrative or recreational facilities for the Los Padres National Forest in Ventura County, Santa Barbara County, and San Luis Obispo County, California, or for the acquisition of land or interests in land in such counties.
Requires the costs of conducting the land exchange to be shared equally by the District and the Secretary.
Adds the District lands acquired by the Secretary under this Act to the Los Padres National Forest. | To provide for an exchange of lands between the Secretary of Agriculture and the United Water Conservation District of California to eliminate certain private inholdings in the Los Padres National Forest, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Endangered Salmon and Fisheries
Predation Prevention Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of the Congress that--
(1) prevention of predation by sea lions, recovery of
salmonid stocks listed under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.), and prevention of the future listings
of fish stocks in the Columbia River under such Act are a vital
priority; and
(2) the Federal Government should continue to fund lethal
and nonlethal removal of sea lions as well as deterrence
measures for preventing such predation.
SEC. 3. TAKING OF SEA LIONS ON THE COLUMBIA RIVER AND ITS TRIBUTARIES
TO PROTECT ENDANGERED AND THREATENED SPECIES OF SALMON
AND OTHER NONLISTED FISH SPECIES.
Section 120(f) of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1389(f)) is amended to read as follows:
``(f) Temporary Marine Mammal Removal Authority on the Waters of
the Columbia River and Its Tributaries.--
``(1) Removal authority.--Notwithstanding any other
provision of this Act, the Secretary may issue a permit to an
eligible entity to authorize the intentional lethal taking on
the waters of the Columbia River and its tributaries of
individually identifiable sea lions that are part of a
population or stock that is not categorized under this Act as
depleted or strategic for the purpose of protecting--
``(A) species of salmon, steelhead, or eulachon
that are listed as endangered species or threatened
species under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); and
``(B) species of lamprey or sturgeon that are not
listed as endangered or threatened but are listed as a
species of concern.
``(2) Permit process.--
``(A) In general.--An eligible entity may apply to
the Secretary for a permit under this subsection.
``(B) Deadline for consideration of application.--
The timelines and procedures described in subsection
(c) shall apply to applications for permits under this
subsection in the same manner such timelines apply to
applications under subsection (b).
``(C) Coordination.--The Secretary shall establish
procedures for coordination among eligible entities,
including application procedures and timelines,
geographic and species-specific considerations, and
monitoring and periodic review.
``(D) Duration of permit.--A permit under this
subsection shall be effective for not more than 5 years
and may be renewed by the Secretary.
``(3) Limitations on annual takings.--The process for
determining limitations on annual take of sea lions will follow
the process established in subsection (c) and the cumulative
number of sea lions authorized to be taken each year under all
permits in effect under this subsection shall not exceed 10
percent of the annual potential biological removal level for
sea lions.
``(4) Qualified individuals.--Intentional lethal takings
under this subsection shall be humane and shall be implemented
by agencies or qualified individuals described in subsection
(c)(4), or by individuals employed by the eligible entities
described in paragraph (6).
``(5) Suspension of permitting authority.--If, 5 years
after the date of the enactment of the Endangered Salmon and
Fisheries Predation Prevention Act, the Secretary, after
consulting with State and tribal fishery managers, determines
that lethal removal authority is no longer necessary to protect
salmonid and other fish species from sea lion predation, the
Secretary shall suspend the issuance of permits under this
subsection.
``(6) Eligible entity defined.--
``(A) In general.--
``(i) Definition.--In this subsection,
subject to subparagraph (B), the term `eligible
entity' means--
``(I) with respect to removal in
the mainstem of the Columbia River and
its tributaries, the State of
Washington, the State of Oregon, and
the State of Idaho;
``(II) with respect to removal in
the mainstem of the Columbia River and
its tributaries, the Nez Perce Tribe,
the Confederated Tribes of the Umatilla
Indian Reservation, the Confederated
Tribes of the Warm Springs Reservation
of Oregon, the Confederated Tribes and
Bands of the Yakama Nation, and the
Columbia River Intertribal Fish
Commission; and
``(ii) Delegation authority.--The Secretary
may allow an eligible entity described in
clause (i)(I) or (i)(II) to delegate its
authority under a permit under this subsection
to any eligible entity described in clause
(i)(I) or (i)(II).
``(B) Additional eligibility.--
``(i) In general.--Subject to the approval
of the Secretary and in consultation with the
Indian Tribes in subparagraph (A)(i)(II)--
``(I) the State of Washington may
enter into a memorandum of
understanding with the Cowlitz Indian
Tribe for deterrence and removal of sea
lions on the Cowlitz River.
``(II) the State of Oregon may
enter into a memorandum of
understanding with the Confederated
Tribes of the Grand Ronde Community of
Oregon and the Confederated Tribes of
Siletz Indians of Oregon for deterrence
and removal of sea lions on the
Willamette River.
``(ii) Considerations.--In determining
eligibility under this subparagraph, the
Secretary shall consider the capacity of each
Indian tribe to manage wildlife to meet the
requirements of this Act.
``(7) Individual exception.--For purposes of this section,
any sea lion located upstream of Columbia River river mile 112,
or in any tributary to the Columbia River that includes
spawning habitat of threatened or endangered salmon or
steelhead is deemed to be individually identifiable.
``(8) Significant negative impact exception.--For purposes
of this section, any sea lion located in the mainstem of the
Columbia River upstream of river mile 112, or in any tributary
to the Columbia River that includes spawning habitat of
threatened or endangered salmon or steelhead is deemed to be
having a significant negative impact on the decline or recovery
of salmonid fishery stocks described in subsection (b)(1).
``(9) Definition.--In this subsection, the term `Indian
tribe' has the meaning given such term in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).''.
SEC. 4. TREATY RIGHTS OF FEDERALLY RECOGNIZED INDIAN TRIBES.
Nothing in this Act or the amendments made by this Act shall be
construed to affect or modify any treaty or other right of an Indian
Tribe (as defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)).
SEC. 5. REPORT.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of the Interior shall study and report to the
Congress on the potential effects of the lethal taking of sea lions on
the recovery of salmonid stocks in the waters of the Columbia River and
the tributaries of the Columbia River.
Passed the House of Representatives June 26, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Endangered Salmon and Fisheries Predation Prevention Act This bill amends the Marine Mammal Protection Act of 1972 to authorize the National Oceanic and Atmospheric Administration (NOAA) to issue one-year permits allowing Washington, Oregon, Idaho, the Nez Perce Tribe, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, the Confederated Tribes and Bands of the Yakama Nation, the Columbia River Inter-Tribal Fish Commission, and the Cowlitz Indian Tribe to kill sea lions in a portion of the Columbia River or certain tributaries in order to protect fish from sea lion predation. Permits may be issued to kill sea lions only if the sea lions are part of a population that is not depleted. The permits may authorize the lethal taking of 100 sea lions or fewer. The cumulative annual taking of sea lions each year under all such permits is limited to 10% of the annual potential biological removal level. Permit holders must be trained in natural resource management. These permits are exempted from environmental review requirements of the National Environmental Policy Act of 1969 for five years. NOAA may suspend the issuance of the permits if, after five years, lethal removal authority is no longer necessary to protect fish from sea lion predation. | Endangered Salmon and Fisheries Predation Prevention Act |
SECTION 1. CHARTER.
The Ukrainian American Veterans, Incorporated, organized and
incorporated under the laws of the State of New York, is hereby
recognized and granted a Federal charter.
SEC. 2. POWERS.
The corporation shall have only the powers granted to it through
its bylaws and articles of incorporation filed in the States in which
it is incorporated and subject to the laws of such States.
SEC. 3. PURPOSES.
The purposes of the corporation are those provided in its articles
of incorporation and include a commitment, on a national basis, to--
(1) preserve, protect, and defend the Constitution of the
United States;
(2) commemorate the wars, campaigns, and military actions
of the United States in order to reflect respect, honor, and
tribute for the dead and the surviving veterans;
(3) give individuals throughout the Nation a greater
understanding of and appreciation for the sacrifices of the
people who participated in any military action on behalf of
individuals throughout the United States;
(4) stimulate, to the highest degree possible, the interest
of the entire Nation in the problems of veterans, their widows,
and orphans;
(5) collect, edit, publish, and preserve records and
mementos of patriotic service of veterans of the Armed Forces
of the United States; and
(6) foster the association of veterans of Ukrainian descent
who have served in the Armed Forces of the United States.
SEC. 4. RESTRICTIONS.
(a) Use of Income and Assets.--No part of the income or assets of
the corporation may inure to any member, officer, or director of the
corporation or be distributed to any such person during the life of
this charter. No provision in this subsection may be construed to
prevent the payment of reasonable compensation to the officers and
employees of the corporation or reimbursement for actual necessary
expenses in amounts approved by the board of directors.
(b) Loans.--The corporation may not make any loan to any member,
officer, director, or employee of the corporation.
(c) Political Activity.--The corporation, any officer or director
of the corporation, acting as such officer or director, may not
contribute to, support, or otherwise participate in any political
activity or in any manner attempt to influence legislation.
(d) Issuance of Stock and Payment of Dividends.--The corporation
may not issue any shares of stock or declare or pay any dividends.
(e) Claims of Federal Approval.--The corporation may not claim the
approval of the Congress or the authorization of the Federal Government
for any of its activities.
(f) Corporate Status.--The corporation shall maintain its status as
a corporation organized and incorporated under the laws of the State of
New York.
(g) Corporate Function.--The corporation shall function as an
educational, patriotic, civic, and historical organization under the
laws of the States in which it is incorporated.
SEC. 5. LIABILITY.
The corporation shall be liable for the acts of its officers,
directors, employees, and agents whenever the officers, directors,
employees, and agents act within the scope of their authority.
SEC. 6. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS.
(a) Books and Records of Account.--The corporation shall keep
correct and complete books and records of account and shall keep
minutes of any proceeding of the corporation involving any of its
members, the board of directors, or any committee having authority
under the board of directors.
(b) Names and Addresses of Members.--The corporation shall keep, at
its principal office, a record of the names of all members having the
right to vote in any proceeding of the corporation.
(c) Right To Inspect Books and Records.--All books and records of
the corporation may be inspected by any member having the right to
vote, or by any agent or attorney of such member, for any proper
purpose, at any reasonable time.
(d) Application of State Law.--No provision of this section may be
construed to contravene any applicable State law.
SEC. 7. AUDIT OF FINANCIAL TRANSACTIONS.
The first section of the Act entitled ``An Act to provide for audit
of accounts of private corporations established under the Federal
law'', approved August 30, 1964 (36 U.S.C. 1101), is amended by adding
at the end the following: ``Ukrainian American Veterans,
Incorporated.''.
SEC. 8. ANNUAL REPORT.
The corporation shall annually submit to the Congress a report
concerning the activities of the corporation during the preceding
fiscal year. The annual report shall be submitted at the same time as
is the report of the audit required by section 7. The report shall not
be printed as a public document.
SEC. 9. RESERVATION OF RIGHT TO AMEND OR REPEAL CHAPTER.
The right to amend or repeal this Act is expressly reserved to the
Congress.
SEC. 10. DEFINITIONS.
For purposes of this Act--
(1) the term ``corporation'' means the Ukrainian American
Veterans, Incorporated; and
(2) the term ``State'' means any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, the Virgin
Islands, Guam, American Samoa, the Trust Territories of the
Pacific Islands, or any other territory or possessions of the
United States.
SEC. 11. TAX-EXEMPT STATUS.
The corporation shall maintain its status as an organization exempt
from taxation as provided in the Internal Revenue Code of 1986.
SEC. 12. TERMINATION.
The charter granted in this Act shall expire if the corporation
fails to comply with any provisions of this Act. | Grants a Federal charter to the Ukrainian American Veterans, Incorporated (a nonprofit corporation organized under the laws of the State of New York). | To recognize the organization known as the Ukrainian American Veterans, Incorporated. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Multifamily Rental Housing
Loan Guarantee Demonstration Act''.
SEC. 2. LOAN GUARANTEES FOR MULTIFAMILY RENTAL HOUSING IN RURAL AREAS.
Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) is
amended by inserting after section 537 the following new section:
``SEC. 538. LOAN GUARANTEES FOR MULTIFAMILY RENTAL HOUSING IN RURAL
AREAS.
``(a) Authority.--The Secretary may make commitments to guarantee
eligible loans for the development costs of eligible housing and
related facilities, and may guarantee such eligible loans, in
accordance with this section.
``(b) Extent of Guarantee.--A guarantee made under this section
shall guarantee repayment of an amount not exceeding the total of the
amount of the unpaid principal and interest of the loan for which the
guarantee is made. The liability of the United States under any
guarantee under this section shall decrease or increase pro rata with
any decrease or increase of the amount of the unpaid portion of the
obligation.
``(c) Eligible Borrowers.--A loan guaranteed under this section may
be made to a nonprofit organization, an agency or body of any State
government or political subdivision thereof, or a private entity.
``(d) Eligible Housing.--A loan may be guaranteed under this
section only if the loan is used for the development costs of housing
and related facilities (as such terms are defined in section 515(e))
that--
``(1) consists of 5 or more adequate dwellings;
``(2) is available for occupancy only by low or moderate
income families or persons, whose incomes at the time of
initial occupancy do not exceed 115 percent of the median
income of the area, as determined by the Secretary;
``(3) will remain available as provided in paragraph (2),
according to such binding commitments as the Secretary may
require, for the period of the original term of the loan
guaranteed, unless the housing is acquired by foreclosure (or
instrument in lieu of foreclosure) or the Secretary waives the
applicability of such requirement for the loan only after
determining, based on objective information, that--
``(A) there is no longer a need for low- and
moderate-income housing in the market area in which the
housing is located;
``(B) housing opportunities for low-income
households and minorities will not be reduced as a
result of the waiver; and
``(C) additional Federal assistance will not be
necessary as a result of the waiver; and
``(4) is located in a rural area.
``(e) Eligible Lenders.--
``(1) Requirement.--A loan may be guaranteed under this
subsection only if the loan is made by a lender that the
Secretary determines--
``(A) meets the qualifications, and has been
approved by the Secretary of Housing and Urban
Development, to make loans for multifamily housing that
are to be insured under the National Housing Act;
``(B) meets the qualifications, and has been
approved by the Federal National Mortgage Association
and the Federal Home Loan Mortgage Corporation, to make
loans for multifamily housing that are to be sold to
such corporations; or
``(C) meets any qualifications that the Secretary
may, by regulation, establish for participation of
lenders in the loan guarantee program under this
section.
``(2) Eligibility list and annual audit.--The Secretary
shall establish a list of eligible lenders and shall annually
conduct an audit of each lender included in the list for
purposes of determining whether such lender continues to be an
eligible lender.
``(f) Loan Terms.--Each loan guaranteed pursuant to this subsection
shall--
``(1) provide for complete amortization by periodic
payments to be made for a term not to exceed 40 years;
``(2) involve a rate of interest agreed upon by the
borrower and the lender that does not exceed the maximum
allowable rate established by the Secretary for purposes of
this section and is fixed over the term of the loan;
``(3) involve a principal obligation (including initial
service charges, appraisal, inspection, and other fees as the
Secretary may approve) not to exceed--
``(A) in the case of a borrower that is a nonprofit
organization or an agency or body of any State or local
government, 97 percent of the development costs of the
housing and related facilities or the value of the
housing and facilities, whichever is less;
``(B) in the case of a borrower that is a for-
profit entity not referred to in subparagraph (A), 90
percent of the development costs of the housing and
related facilities or the value of the housing and
facilities, whichever is less; and
``(C) in the case of any borrower, for such part of
the property as may be attributable to dwelling use,
the applicable maximum per unit dollar amount
limitations under section 207(c) of the National
Housing Act;
``(4) be secured by a first mortgage on the housing and
related facilities for which the loan is made, or otherwise, as
the Secretary may determine necessary to ensure repayment of
the obligation; and
``(5) for at least 20 percent of the loans made under this
section, the Secretary shall provide the borrower with
assistance in the form of credits pursuant to section
521(a)(1)(B) to the extent necessary to reduce the rate of
interest under paragraph (2) to the applicable Federal rate, as
such term is used in section 42(i)(2)(D) of the Internal
Revenue Code of 1986.
``(g) Guarantee Fee.--At the time of issuance of a loan guaranteed
under this section, the Secretary may collect from the lender a fee
equal to not more than 1 percent of the principal obligation of the
loan.
``(h) Authority for Lenders To Issue Certificates of Guarantee.--
The Secretary may authorize certain eligible lenders to determine
whether a loan meets the requirements for guarantee under this section
and, subject to the availability of authority to enter into guarantees
under this section, execute a firm commitment for a guarantee binding
upon the Secretary and issue a certificate of guarantee evidencing a
guarantee, without review and approval by the Secretary of the specific
loan. The Secretary may establish standards for approving eligible
lenders for a delegation of authority under this subsection.
``(i) Payment Under Guarantee.--
``(1) Notice of default.--In the event of default by the
borrower on a loan guaranteed under this section, the holder of
the guarantee certificate for the loan shall provide written
notice of the default to the Secretary.
``(2) Foreclosure.--After receiving notice under paragraph
(1) and providing written notice of action under this paragraph
to the Secretary, the holder of the guarantee certificate for
the loan may initiate foreclosure proceedings for the loan in a
court of competent jurisdiction, in accordance with regulations
issued by the Secretary, to obtain possession of the security
property. After the court issues a final order authorizing
foreclosure on the property, the holder of the certificate
shall be entitled to payment by the Secretary under the
guarantee (in the amount provided under subsection (b)) upon
(A) conveyance to the Secretary of title to the security
property, (B) submission to the Secretary of a claim for
payment under the guarantee, and (C) assignment to the
Secretary of all the claims of the holder of the guarantee
against the borrower or others arising out of the loan
transaction or foreclosure proceedings, except claims released
with the consent of the Secretary.
``(3) Assignment by secretary.--After receiving notice
under paragraph (1), the Secretary may accept assignment of the
loan if the Secretary determines that the assignment is in the
best interests of the United States. Assignment of a loan under
this paragraph shall include conveyance to the Secretary of
title to the security property, assignment to the Secretary of
all rights and interests arising under the loan, and assignment
to the Secretary of all claims against the borrower or others
arising out of the loan transaction. Upon assignment of a loan
under this paragraph, the holder of a guarantee certificate for
the loan shall be entitled to payment by the Secretary under
the guarantee (in the amount provided under subsection (b)).
``(4) Requirements.--Before any payment under a guarantee
is made under paragraph (2) or (3), the holder of the guarantee
certificate shall exhaust all reasonable possibilities of
collection on the loan guaranteed. Upon payment, in whole or in
part, to the holder, the note or judgment evidencing the debt
shall be assigned to the United States and the holder shall
have no further claim against the borrower or the United
States. The Secretary shall then take such action to collect as
the Secretary determines appropriate.
``(j) Violation of Guarantee Requirements by Lenders Issuing
Guarantees.--
``(1) Indemnification.--If the Secretary determines that a
loan guaranteed by an eligible lender pursuant to delegation of
authority under subsection (h) was not originated in accordance
with the requirements under this section and the Secretary pays
a claim under the guarantee for the loan, the Secretary may
require the eligible lender authorized under subsection (h) to
issue the guarantee certificate for the loan--
``(A) to indemnify the Secretary for the loss, if
the payment under the guarantee was made within a
reasonable period specified by the Secretary; or
``(B) to indemnify the Secretary for the loss
regardless of when payment under the guarantee was
made, if the Secretary determines that fraud or
misrepresentation was involved in connection with the
origination of the loan.
``(2) Termination of authority to issue guarantees.--The
Secretary may cancel a delegation of authority under subsection
(h) to an eligible lender if the Secretary determines that the
lender has violated the requirements and procedures for
guaranteed loans under this section or for other good cause.
Any such cancellation shall be made by giving notice to the
eligible lender and shall take effect upon receipt of the
notice by the mortgagee or at a later date, as the Secretary
may provide. A decision by the Secretary to cancel a delegation
shall be final and conclusive and shall not be subject to
judicial review.
``(k) Refinancing.--Any loan guaranteed under this section may be
refinanced and extended in accordance with terms and conditions that
the Secretary shall prescribe, but in no event for an additional amount
or term that exceeds the limitations under subsection (f).
``(l) Nonassumption.--The borrower under a loan that is guaranteed
under this section and under which any portion of the principal
obligation or interest remains outstanding may not be relieved of
liability with respect to the loan, notwithstanding the transfer of
property for which the loan was made.
``(m) Geographical Targeting.--
``(1) Study.--The Secretary shall provide for an
independent entity to conduct a study to determine the extent
to which borrowers in the United States will utilize loan
guarantees under this section, the rural areas in the United
States in which borrowers can best utilize and most need loans
guaranteed under this section, and the rural areas in the
United States in which housing of the type eligible for a loan
guarantee under this section is most needed by low- and
moderate-income families. The Secretary shall require the
independent entity conducting the study to submit a report to
the Secretary and to the Congress describing the results of the
study not later than the expiration of the 90-day period
beginning on the date of the enactment of the Rural Multifamily
Rental Housing Loan Guarantee Demonstration Act.
``(2) Targeting.--In providing loan guarantees under this
section, the Secretary shall establish standards to target and
give priority to rural areas in which borrowers can best
utilize and most need loans guaranteed under this section, as
determined by the Secretary based on the results of the study
under paragraph (1) and any other information the Secretary
considers appropriate.
``(n) Inapplicability of Credit-Elsewhere Test.--Section 501(c)
shall not apply to guarantees, or loans guaranteed, under this section.
``(o) Tenant Protections.--The Secretary shall establish standards
for the treatment of tenants of housing developed using amounts from a
loan guaranteed under this section, which shall incorporate, to the
extent applicable, existing standards applicable to tenants of housing
developed with loans made under section 515. Such standards shall
include standards for fair housing and equal opportunity, lease and
grievance procedures, and tenant appeals of adverse actions.
``(p) Housing Standards.--The standards established under section
515(m) for housing and related facilities assisted under section 515
shall apply to housing and related facilities the development costs of
which are financed in whole or in part with a loan guaranteed under
this section.
``(q) Limitation on Commitments To Guarantee Loans.--
``(1) Requirement of appropriations.--The authority of the
Secretary to enter into commitments to guarantee loans under
this section, and to guarantee loans, shall be effective for
any fiscal year only to the extent or in such amounts as are or
have been provided in appropriations Acts for such fiscal year.
``(2) Limitation on projects and outstanding aggregate
principal amount.--Subject to the limitation in paragraph (1),
the Secretary may enter into commitments to guarantee loans
under this section for not more than 25 housing projects in
each of fiscal years 1995 and 1996, having an aggregate
outstanding principal amount not exceeding $50,000,000 in each
of such fiscal years.
``(r) Report.--
``(1) In general.--The Secretary shall submit a report to
the Congress, not later than the expiration of the 2-year
period beginning on the date of the enactment of the Rural
Multifamily Rental Housing Loan Guarantee Demonstration Act,
describing the program under this section for guaranteeing
loans.
``(2) Contents.--The report shall--
``(A) describe the types of borrowers providing
housing with loans guaranteed under this section, the
areas served by the housing provided and the
geographical distribution of the housing, the levels of
income of the residents of the housing, the number of
dwelling units provided, the extent to which borrowers
under such loans have obtained other financial
assistance for development costs of housing provided
with the loans, and the extent to which borrowers under
such loans have used low-income housing tax credits
provided under section 42 of the Internal Revenue Code
of 1986 in connection with the housing provided with
the loans;
``(B) analyze the financial viability of the
housing provided with loans guaranteed under this
section and the need for project-based rental
assistance for such housing;
``(C) include any recommendations of the Secretary
for expanding or improving the program under this
section for guaranteeing loans; and
``(D) include any other information regarding the
program for guaranteeing loans under this section that
the Secretary considers appropriate.
``(s) Definitions.--For purposes of this subsection, the following
definitions shall apply:
``(1) The term `development cost' has the meaning given the
term in section 515(e).
``(2) The term `eligible lender' means a lender determined
by the Secretary to meet the requirements of subparagraph (A),
(B), (C), or (D) of subsection (e)(1).
``(3) The terms `housing' and `related facilities' have the
meanings given such terms in section 515(e).
``(t) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal years 1995 and 1996 such sums as may be
necessary for costs (as such term is defined in section 502 of the
Congressional Budget Act of 1974) of loan guarantees made under this
section.
``(u) Termination Date.--A loan may not be guaranteed under this
section after September 30, 1996.''. | Rural Multifamily Rental Housing Loan Guarantee Demonstration Act - Amends the Housing Act of 1949 to authorize the Secretary of Agriculture to guarantee eligible loans for the development costs of low or moderate income rural multifamily rental housing.
Authorizes appropriations. | Rural Multifamily Rental Housing Loan Guarantee Demonstration Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on the Accountability and
Review of Federal Agencies Act''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established the Commission on the
Accountability and Review of Federal Agencies (hereafter in this Act
referred to as the ``Commission'').
(b) Membership.--
(1) Number and appointment.--
(A) In general.--The Commission shall be composed
of 7 members appointed by the President as follows:
(i) One in consultation with the Speaker of
the House of Representatives.
(ii) One in consultation with the minority
leader of the House of Representatives.
(iii) One in consultation with the majority
leader of the Senate.
(iv) One in consultation with the minority
leader of the Senate.
(v) Three other members.
(B) Ex officio members.--The President may appoint
up to 4 Members of Congress (up to 2 from each House)
as nonvoting ex officio members of the Commission.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold its first meeting.
(e) Meetings.--The Commission shall meet at the call of the
chairperson.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
SEC. 3. DUTIES OF THE COMMISSION.
(a) Definition.--The term ``agency'', as used in this section, has
the meaning given the term ``executive agency'' under section 105 of
title 5, United States Code.
(b) In General.--The Commission shall--
(1) evaluate all agencies and programs within those
agencies, using the criteria under subsection (c); and
(2) submit to Congress--
(A) a plan with recommendations of the agencies and
programs that should be realigned or eliminated; and
(B) proposed legislation to implement the plan
under subparagraph (A).
(c) Criteria.--
(1) Duplicative.--If 2 or more agencies or programs are
performing the same essential function and the function can be
consolidated or streamlined into a single agency or program,
the Commission shall recommend that the agency or program be
realigned.
(2) Wasteful or inefficient.--The Commission shall
recommend the realignment or elimination of any agency or
program that has wasted Federal funds by--
(A) egregious spending;
(B) mismanagement of resources and personnel; or
(C) use of such funds for personal benefit or the
benefit of a special interest group.
(3) Outdated, irrelevant, or failed.--The Commission shall
recommend the elimination of any agency or program that--
(A) has completed its intended purpose;
(B) has become irrelevant; or
(C) has failed to meet its objectives.
(d) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Commission shall submit to the
President and Congress a report that includes--
(A) the plan described under subsection (b)(1) with
supporting documentation for all recommendations; and
(B) the proposed legislation described under
subsection (b)(2).
(2) Use of savings.--The proposed legislation under
paragraph (1)(B) shall provide that all funds saved by the
implementation of the plan under paragraph (1)(A) shall be used
for deficit reduction.
(3) Relocation of federal employees.--The proposed
legislation under paragraph (1)(B) shall provide that if the
position of an employee of an agency is eliminated as a result
of the implementation of the plan under paragraph (1)(A), the
affected agency shall make reasonable efforts to relocate such
employee to another position within the agency or within
another Federal agency.
SEC. 4. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission or, at its direction, any
subcommittee or member of the Commission, may, for the purpose of
carrying out this Act--
(1) hold such hearings, sit and act at such times and
places, take such testimony, receive such evidence, and
administer such oaths as any member of the Commission considers
advisable;
(2) require, by subpoena or otherwise, the attendance and
testimony of such witnesses as any member of the Commission
considers advisable; and
(3) require, by subpoena or otherwise, the production of
such books, records, correspondence, memoranda, papers,
documents, tapes, and other evidentiary materials relating to
any matter under investigation by the Commission.
(b) Issuance and Enforcement of Subpoenas.--
(1) Issuance.--Subpoenas issued under subsection (a) shall
bear the signature of the chairperson of the Commission and
shall be served by any person or class of persons designated by
the chairperson for that purpose.
(2) Enforcement.--In the case of contumacy or failure to
obey a subpoena issued under subsection (a), the United States
district court for the judicial district in which the
subpoenaed person resides, is served, or may be found, may
issue an order requiring such person to appear at any
designated place to testify or to produce documentary or other
evidence. Any failure to obey the order of the court may be
punished by the court as a contempt of that court.
(c) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out this Act. Upon request of
the chairperson of the Commission, the head of such department or
agency shall furnish such information to the Commission.
(d) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
SEC. 5. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--
(1) Non-federal members.--Except as provided under
subsection (b), each member of the Commission who is not an
officer or employee of the Federal Government shall not be
compensated.
(2) Federal officers or employees.--All members of the
Commission who are officers or employees of the United States
shall serve without compensation in addition to that received
for their services as officers or employees of the United
States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--
(1) In general.--The chairperson of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--Upon the approval of the chairperson,
the executive director may fix the compensation of the
executive director and other personnel without regard to
chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions and
General Schedule pay rates, except that the rate of pay for the
executive director and other personnel may not exceed the
maximum rate payable for a position at GS-15 of the General
Schedule under section 5332 of such title.
(3) Personnel as federal employees.--
(A) In general.--The executive director and any
personnel of the Commission who are employees shall be
employees under section 2105 of title 5, United States
Code, for purposes of chapters 63, 81, 83, 84, 85, 87,
89, and 90 of that title.
(B) Members of commission.--Subparagraph (A) shall
not be construed to apply to members of the Commission.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(e) Procurement of Temporary and Intermittent Services.--The
chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
SEC. 6. TERMINATION OF THE COMMISSION.
The Commission shall terminate 90 days after the date on which the
Commission submits the report under section 3(d).
SEC. 7. CONGRESSIONAL CONSIDERATION OF REFORM PROPOSALS.
(a) Definitions.--In this section--
(1) the term ``implementation bill'' means only a bill
which is introduced as provided under subsection (b), and
contains the proposed legislation included in the report
submitted to Congress under section 3, without modification;
and
(2) the term ``calendar day'' means a calendar day other
than 1 on which either House is not in session because of an
adjournment of more than 3 days to a date certain.
(b) Introduction; Referral; and Report or Discharge.--
(1) Introduction.--On the first calendar day on which both
Houses are in session, on or immediately following the date on
which the report is submitted to Congress under section 3, a
single implementation bill shall be introduced (by request)--
(A) in the Senate by the majority leader of the
Senate, for himself and the minority leader of the
Senate, or by Members of the Senate designated by the
majority leader and minority leader of the Senate; and
(B) in the House of Representatives by the Speaker
of the House of Representatives, for himself and the
minority leader of the House of Representatives, or by
Members of the House of Representatives designated by
the Speaker and minority leader of the House of
Representatives.
(2) Referral.--The implementation bills introduced under
paragraph (1) shall be referred to any appropriate committee of
jurisdiction in the Senate and any appropriate committee of
jurisdiction in the House of Representatives. A committee to
which an implementation bill is referred under this paragraph
may report such bill to the respective House without amendment.
(3) Report or discharge.--If a committee to which an
implementation bill is referred has not reported such bill by
the end of the 15th calendar day after the date of the
introduction of such bill, such committee shall be immediately
discharged from further consideration of such bill, and upon
being reported or discharged from the committee, such bill
shall be placed on the appropriate calendar.
(c) Floor Consideration.--
(1) In general.--When the committee to which an
implementation bill is referred has reported, or has been
discharged under subsection (b)(3), it is at any time
thereafter in order (even though a previous motion to the same
effect has been disagreed to) for any Member of the respective
House to move to proceed to the consideration of the
implementation bill, and all points of order against the
implementation bill (and against consideration of the
implementation bill) are waived. The motion is highly
privileged in the House of Representatives and is privileged in
the Senate and is not debatable. The motion is not subject to
amendment, or to a motion to postpone, or to a motion to
proceed to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to or
disagreed to shall not be in order. If a motion to proceed to
the consideration of the implementation bill is agreed to, the
implementation bill shall remain the unfinished business of the
respective House until disposed of.
(2) Amendments.--An implementation bill may not be amended
in the Senate or the House of Representatives.
(3) Debate.--Debate on the implementation bill, and on all
debatable motions and appeals in connection therewith, shall be
limited to not more than 10 hours, which shall be divided
equally between those favoring and those opposing the
resolution. A motion further to limit debate is in order and
not debatable. An amendment to, or a motion to postpone, or a
motion to proceed to the consideration of other business, or a
motion to recommit the implementation bill is not in order. A
motion to reconsider the vote by which the implementation bill
is agreed to or disagreed to is not in order.
(4) Vote on final passage.--Immediately following the
conclusion of the debate on an implementation bill, and a
single quorum call at the conclusion of the debate if requested
in accordance with the rules of the appropriate House, the vote
on final passage of the implementation bill shall occur.
(5) Rulings of the chair on procedure.--Appeals from the
decisions of the Chair relating to the application of the rules
of the Senate or the House of Representatives, as the case may
be, to the procedure relating to an implementation bill shall
be decided without debate.
(d) Coordination With Action by Other House.--If, before the
passage by 1 House of an implementation bill of that House, that House
receives from the other House an implementation bill, then the
following procedures shall apply:
(1) Nonreferral.--The implementation bill of the other
House shall not be referred to a committee.
(2) Vote on bill of other house.--With respect to an
implementation bill of the House receiving the implementation
bill--
(A) the procedure in that House shall be the same
as if no implementation bill had been received from the
other House; but
(B) the vote on final passage shall be on the
implementation bill of the other House.
(e) Rules of the Senate and the House of Representatives.--This
section is enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of an implementation bill described in
subsection (a), and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary for each of fiscal years 2010 through 2013 for carrying out
this Act. | Commission on the Accountability and Review of Federal Agencies Act - Establishes the Commission on the Accountability and Review of Federal Agencies to: (1) evaluate executive agencies and their programs; and (2) submit to Congress a plan recommending agencies and programs that should be realigned or eliminated and proposing implementing legislation.
Requires the Commission to recommend: (1) realignment where a function performed by two or more agencies or programs can be consolidated; (2) realignment or elimination of any agency or program that has wasted federal funds; and (3) elimination of any agency or program that has completed its purpose, become irrelevant, or failed to meet objectives. | To establish a commission to conduct a comprehensive review of Federal agencies and programs and to recommend the elimination or realignment of duplicative, wasteful, or outdated functions, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Frontline Health Care Act
of 2011''.
SEC. 2. FRONTLINE PROVIDERS LOAN REPAYMENT PROGRAM.
Part D of title III of the Public Health Service Act (42 U.S.C.
254b et seq.) is amended--
(1) by redesignating the second subpart XI (as added by
section 10333 of Public Law 111-148) as subpart XII;
(2) by redesignating the second section 340H (as added by
such section 10333) as section 340I; and
(3) by adding at the end the following:
``Subpart XIII--Frontline Health Care Services
``SEC. 340J. FRONTLINE PROVIDERS LOAN REPAYMENT PROGRAM.
``(a) In General.--The Secretary shall establish and carry out a
Frontline Providers Loan Repayment Program (in this section referred to
as the `Loan Repayment Program') under which, pursuant to contracts in
accordance with this section--
``(1) the Secretary agrees to make student loan repayments;
and
``(2) the individual agrees to serve as a health
professional for a period of full-time service of not less than
2 years at a health care facility serving a frontline care
scarcity area.
``(b) Eligibility.--To be eligible to participate in the Loan
Repayment Program, an individual must--
``(1) submit an application to participate in the Loan
Repayment Program in such form and manner and at such time as
specified by the Secretary; and
``(2) sign and submit to the Secretary, at the time of
submittal of such application, a written contract (described in
subsection (d)).
``(c) Participation in Program.--
``(1) In general.--An individual becomes a participant in
the Loan Repayment Program only upon the approval of the
Secretary of the individual's application submitted under
subsection (b)(1) and the Secretary's acceptance of the
contract submitted by the individual under subsection (b)(2).
``(2) Preference.--In awarding contracts under this
section, the Secretary shall give preference to applicants who
have undertaken training or coursework in interdisciplinary
studies.
``(3) Recruitment for interdisciplinary programs.--The
Secretary shall--
``(A) determine the frontline care scarcity areas
in which to place contract recipients under this
section; and
``(B) in making such determination, give preference
to areas with a demonstrated program of
interdisciplinary health care, or with demonstrated
plans to initiate interdisciplinary approaches to
community health care.
``(4) Notice.--The Secretary shall provide written notice
to an individual promptly upon the Secretary's approving, under
paragraph (1), of the individual's participation in the Loan
Repayment Program.
``(d) Contract.--The contract described in this subsection is a
written contract between the Secretary and an individual that
contains--
``(1) an agreement that--
``(A) the Secretary agrees to provide the
individual with student loan repayment (described in
subsection (e)) for a period of time as determined by
the Secretary, to pay off debts incurred during the
course of the study or program described in subsection
(g)(2)(B); and
``(B) the individual agrees--
``(i) to accept provision of such a student
loan repayment to the individual; and
``(ii) to provide frontline care services
for a period of full-time service of not less
than 2 years at a health care facility serving
a frontline care scarcity area;
``(2) a provision that any financial obligation of the
United States arising out of a contract entered into under this
section and any obligation of the individual which is
conditioned thereon, is contingent upon funds being
appropriated for student loan repayment under this section;
``(3) a statement of the damages to which the United States
is entitled, under subsection (f), for the individual's breach
of the contract; and
``(4) such other statements as the Secretary deems
appropriate of the rights and liabilities of the Secretary and
of the individual, not inconsistent with the provisions of this
section.
``(e) Student Loan Repayment.--
``(1) Amount.--The amount of an annual student loan
repayment under this section on behalf of an individual shall
be determined by the Secretary, and shall take into
consideration the need to pay a sufficient amount to enable
recruiting of health care providers into the loan repayment
program under this section.
``(2) Payments directly to loan provider.--The Secretary
may contract with an individual's loan provider, for the
payment to the loan provider, on behalf of the individual, of
the amounts of a student loan repayment described in paragraph
(1).
``(f) Breach of Contract.--If an individual breaches a written
contract under this section by failing to begin such individual's
service obligation, or to complete such service obligation, the United
States shall be entitled to recover from the individual an amount that
is equal to the sum of--
``(1) the total amount which has been paid to the
individual, or on behalf of the individual, under the contract;
and
``(2) any amount of interest, as determined by the
Secretary.
``(g) Definitions.--In this section:
``(1) The term `frontline care scarcity area' means an
area, population group, or facility that--
``(A) is designated as a health professional
shortage area under section 332; or
``(B) is designated by the State in which the area
is located as having a shortage of frontline care
services.
``(2) The term `frontline care services' means health care
services--
``(A) in the field of general surgery, optometry,
ophthalmology, chiropractic, physical therapy,
audiology, speech language pathology, pharmacies,
public health, podiatric medicine, dietetics,
occupational therapy, general pediatrics, respiratory
therapy, medical technology, otolaryngology, or
radiologic technology; and
``(B) provided by a general surgeon, optometrist,
ophthalmologist, chiropractor, physical therapist,
audiologist, speech language pathologist, pharmacist,
public health professional, podiatric physician,
registered dietician, occupational therapist,
pediatrician, respiratory therapist, medical
technologist, otolaryngologist, or radiologic
technologist who has completed an appropriate course of
study or program, offered by an accredited institution
of higher education in the United States.
``(h) Implementation.--The Secretary shall begin implementation of
the loan repayment program under this section within 180 days of the
date of the enactment of this section.''. | Access to Frontline Health Care Act of 2011 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to establish and carry out a Frontline Providers Loan Repayment Program under which the Secretary agrees to make student loan repayments in exchange for a health professional providing frontline care services for two years in a frontline care scarcity area. Defines "frontline care services" as health care services in the fields of general surgery, optometry, ophthalmology, chiropractic, physical therapy, audiology, speech language pathology, pharmacies, public health, podiatric medicine, dietetics, occupational therapy, general pediatrics, respiratory therapy, medical technology, otolaryngology, or radiologic technology. | To amend the Public Health Service Act to direct the Secretary of Health and Human Services to establish a Frontline Providers Loan Repayment Program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children and Media Research
Advancement Act'' or the ``CAMRA Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Congress has recognized the important role of
electronic media in children's lives when it passed the
Children's Television Act of 1990 (Public Law 101-437) and the
Telecommunications Act of 1996 (Public Law 104-104), both of
which documented public concerns about how electronic media
products influence children's development.
(2) Congress has held hearings over the past several
decades to examine the impact of specific types of media
products such as violent television, movies, and video games on
children's and adolescents' health and development. These
hearings and other public discussions about the role of media
in children's and adolescents' development require behavioral
and social science research to inform the policy deliberations.
(3) There are important gaps in our knowledge about the
role of electronic media and in particular, the newer
interactive digital media, in children's and adolescents'
healthy development. The consequences of very early screen
usage by babies and toddlers on children's cognitive growth are
not yet understood, nor has a research base been established on
the psychological consequences of high definition interactive
media and other format differences for child and adolescent
viewers.
(4) Studies have shown that children who primarily watch
educational shows on television during their preschool years
are significantly more successful in school 10 years later even
when critical contributors to the child's environment are
factored in, including their household income, parent's
education, and intelligence.
(5) The early stages of childhood are a critical formative
period for development. Virtually every aspect of human
development is affected by the environments and experiences
that one encounters during his or her early childhood years,
and media exposure is an increasing part of every child's
social and physical environment.
(6) As of the late 1990's, just before the National
Institute of Child Health and Human Development funded 5
studies on the role of sexual messages in the media on
children's and adolescents' sexual attitudes and sexual
practices, a review of research in this area found only 15
studies ever conducted in the United States on this topic, even
during a time of growing concerns about HIV infection.
(7) In 2001, a National Academy of Sciences study group
charged with studying Internet pornography exposure on youth
found virtually no literature about how much children and
adolescents were exposed to Internet pornography or how such
content impacts their development.
(8) In order to develop strategies that maximize the
positive and minimize the negative effects of each medium on
children's physical, cognitive, social, and emotional
development, it would be beneficial to develop a research
program that can track the media habits of young children and
their families over time using valid and reliable research
methods.
(9) Research about the impact of the media on children and
adolescents is not presently supported through one primary
programmatic effort. The responsibility for directing the
research is distributed across disparate agencies in an
uncoordinated fashion, or is overlooked entirely. The lack of
any centralized organization for research minimizes the value
of the knowledge produced by individual studies. A more
productive approach for generating valuable findings about the
impact of the media on children and adolescents would be to
establish a single, well-coordinated research effort with
primary responsibility for directing the research agenda.
(10) Due to the paucity of research about electronic media,
educators and others interested in implementing electronic
media literacy initiatives do not have the evidence needed to
design, implement, or assess the value of these efforts.
(b) Purpose.--It is the purpose of this Act to enable the National
Institute of Child Health and Human Development to--
(1) examine the role and impact of electronic media in
children's and adolescents' cognitive, social, emotional,
physical, and behavioral development; and
(2) provide for a report to Congress containing the
empirical evidence and other results produced by the research
funded through grants under this Act.
SEC. 3. RESEARCH ON THE ROLE AND IMPACT OF ELECTRONIC MEDIA IN THE
DEVELOPMENT OF CHILDREN AND ADOLESCENTS.
Subpart 7 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285g et seq.) is amended by adding at the end the following:
``SEC. 452H. RESEARCH ON THE ROLE AND IMPACT OF ELECTRONIC MEDIA IN THE
DEVELOPMENT OF CHILDREN AND ADOLESCENTS.
``(a) In General.--The Director of the Institute shall enter into
appropriate arrangements with the National Academy of Science in
collaboration with the Institute of Medicine to establish an
independent panel of experts to review, synthesize and report on
research, theory, and applications in the social, behavioral, and
biological sciences and to establish research priorities regarding the
positive and negative roles and impact of electronic media use,
including television, motion pictures, DVD's, interactive video games,
and the Internet, and exposure to that content and medium on youth in
the following core areas of child and adolescent development:
``(1) Cognitive.--The role and impact of media use and
exposure in the development of children and adolescents within
such cognitive areas as language development, attention span,
problem solving skills (such as the ability to conduct multiple
tasks or `multitask'), visual and spatial skills, reading, and
other learning abilities.
``(2) Physical.--The role and impact of media use and
exposure on children's and adolescent's physical coordination,
diet, exercise, sleeping and eating routines, and other areas
of physical development.
``(3) Socio-behavioral.--The influence of interactive media
on children's and adolescent's family activities and peer
relationships, including indoor and outdoor play time,
interaction with parents, consumption habits, social
relationships, aggression, prosocial behavior, and other
patterns of development.
``(b) Pilot Projects.--During the first year in which the National
Academy of Sciences panel is summarizing the data and creating a
comprehensive research agenda in the children and adolescents and media
area under subsection (a), the Secretary shall provide for the conduct
of initial pilot projects to supplement and inform the panel in its
work. Such pilot projects shall consider the role of media exposure
on--
``(1) cognitive and social development during infancy and
early childhood; and
``(2) the development of childhood and adolescent obesity,
particularly as a function of media advertising and sedentary
lifestyles that may co-occur with heavy media diets.
``(c) Research Program.--Upon completion of the review under
subsection (a), the Director of the National Institute of Child Health
and Human Development shall develop and implement a program that funds
additional research determined to be necessary by the panel under
subsection (a) concerning the role and impact of electronic media in
the cognitive, physical, and socio-behavioral development of children
and adolescents with a particular focus on the impact of factors such
as media content, format, length of exposure, age of child or
adolescent, and nature of parental involvement. Such program shall
include extramural and intramural research and shall support
collaborative efforts to link such research to other National
Institutes of Health research investigations on early child health and
development.
``(d) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall--
``(1) prepare and submit to the Director of the Institute
an application at such time, in such manner, and containing
such information as the Director may require; and
``(2) agree to use amounts received under the grant to
carry out activities that establish or implement a research
program relating to the effects of media on children and
adolescents pursuant to guidelines developed by the Director
relating to consultations with experts in the area of study.
``(e) Use of Funds Relating to the Media's Role in the Life of a
Child or Adolescent.--An entity shall use amounts received under a
grant under this section to conduct research concerning the social,
cognitive, emotional, physical, and behavioral development of children
or adolescents as related to electronic mass media, including the areas
of--
``(1) television;
``(2) motion pictures;
``(3) DVD's;
``(4) interactive video games;
``(5) the Internet; and
``(6) cell phones.
``(f) Reports.--
``(1) Report to director.--Not later than 12 months after
the date of enactment of this section, the panel under
subsection (a) shall submit the report required under such
subsection to the Director of the Institute.
``(2) Report to congress.--Not later than December 31,
2011, the Director of the Institute shall prepare and submit to
the Committee on Health, Education, Labor, and Pensions of the
Senate, and Committee on Education and the Workforce of the
House of Representatives a report that--
``(A) summarizes the empirical evidence and other
results produced by the research under this section in
a manner that can be understood by the general public;
``(B) places the evidence in context with other
evidence and knowledge generated by the scientific
community that address the same or related topics; and
``(C) discusses the implications of the collective
body of scientific evidence and knowledge regarding the
role and impact of the media on children and
adolescents, and makes recommendations on how
scientific evidence and knowledge may be used to
improve the healthy developmental and learning
capacities of children and adolescents.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $10,000,000 for fiscal year 2006;
``(2) $15,000,000 for fiscal year 2007;
``(3) $15,000,000 for fiscal year 2008;
``(4) $25,000,000 for fiscal year 2009; and
``(5) $25,000,000 for fiscal year 2010.''. | Children and Media Research Advancement Act or CAMRA Act - Amends the Public Health Service Act to require the Director of the National Institute of Child Health and Human Development to establish an independent panel of experts to: (1) review, synthesize, and report on research, theory, and applications in the social, behavioral, and biological sciences regarding the roles and impact of the use of and exposure to electronic media on youth in certain core areas of child and adolescent development; and (2) establish research priorities regarding such issues.
Requires the Secretary of Health and Human Services to conduct initial pilot projects to supplement and inform the panel's work. Requires the Director to develop and implement a program that funds additional research determined to be necessary by the panel concerning the role and impact of electronic media in the development of children and adolescents, with a particular focus on media content, format, length of exposure, age of the child or adolescent, and nature of parental involvement. | A bill to amend the Public Health Service Act to authorize funding for the establishment of a program on children and the media within the National Institute of Child Health and Human Development to study the role and impact of electronic media in the development of children. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Building
Heights Act of 1994''.
SEC. 2. LIMITATIONS ON HEIGHT OF BUILDINGS IN DISTRICT OF COLUMBIA.
(a) Use of Street Width to Determine Maximum Height of Building.--
Section 5(a) of the Act entitled ``An Act to regulate the height of
buildings in the District of Columbia'', approved June 1, 1910 (sec. 5-
405(a), D.C. Code), is amended--
(1) by striking ``the course of which'' and inserting ``the
alignment of which''; and
(2) by adding at the end the following: ``For purposes of
this subsection, a `street' includes any road, avenue, drive,
cart way, or other route open to the public as a regular right-
of-way, but does not include an alley.''.
(b) Limitations on Size and Height of Roof Structures.--Section
5(h) of such Act (sec. 5-405(h), D.C. Code) is amended by striking
``Spires, towers,'' and all that follows through ``the adjacent roof:''
and inserting the following: ``Roof structures that are not constructed
or used for human occupancy (including structures housing machinery or
equipment) may be erected to a greater height than any limit otherwise
prescribed in this Act if approved by the Mayor of the District of
Columbia: Provided, That such structures when above such limit shall be
fireproof: Provided further, That such a structure (other than a spire,
tower, dome, minaret, pinnacle, chimney, or smokestack) shall be set
back from the exterior or bounding walls of the building upon which the
structure is placed at distances not less than the structure's height
above the adjacent roof: Provided further, That the Mayor of the
District of Columbia may not waive the requirement described in the
previous proviso with respect to a structure unless the Mayor of the
District of Columbia finds that the application of the requirement to
the structure will be unduly restrictive or highly impractical, and
that the waiver of the requirement will not materially interfere with
the purpose of this Act or adversely affect the exposure of adjacent
buildings to light and air: Provided further, That for purposes of this
subsection, an `exterior or bounding wall' of a building is any wall
having a dimension of 4 feet or more in height or horizontal depth
exposed to the outside, other than a building wall that directly abuts
a structure with a height equal to or greater than the height of the
building, and a `roof' is the exterior surface and supporting structure
on the top of a building: Provided further, That for purposes of this
subsection a skylight shall not be considered a roof structure if it is
less than 5 feet in height:''.
(c) Increase in Penalties for Violations.--
(1) General penalty for violation.--Section 8 of such Act
(sec. 5-408, D.C. Code) is amended by striking ``not less than
$10 nor more than $100 per day'' and inserting ``not more than
$10,000 per day''.
(2) Penalty for violation of injunction.--Section 8 of such
Act (sec. 5-408, D.C. Code) is amended by striking ``not less
than $100 nor more than $500,'' and inserting ``not more than
$100,000,''.
SEC. 3. INCREASE IN AUTHORITY OF NATIONAL CAPITAL PLANNING COMMISSION
TO ENFORCE BUILDING HEIGHT LIMITATIONS.
(a) Requiring NCPC Approval for Roof Structures Exceeding General
Limitations.--
(1) In general.--Section 5(h) of the Act entitled ``An Act
to regulate the height of buildings in the District of
Columbia'', approved June 1, 1910 (sec. 5-405(h), D.C. Code),
as amended by section 2(b), is amended by striking ``Mayor of
the District of Columbia'' each place it appears and inserting
``Mayor of the District of Columbia and the National Capital
Planning Commission''.
(2) Conforming amendment.--Section 5(c) of the Act entitled
``An Act providing for a comprehensive development of the park
and playground system of the National Capital'', approved June
6, 1924 (sec. 1-2004(c), D.C. Code; 40 U.S.C. 71d(c)), is
amended--
(A) by inserting after ``the Council,'' the
following: ``and to include the approval of the height
of any roof structure of any building in the District
of Columbia (as described in section 5(h) of the Act
entitled `An Act to regulate the height of buildings in
the District of Columbia', approved June 1, 1910),'';
and
(B) by striking the period at the end and inserting
the following: ``, and its approval or disapproval
respecting any such height within 45 days after the day
it was submitted to the Commission.''.
(b) Permitting NCPC or Members to Request NCPC Approval of Height
of Any Building in District.--Section 5(c) of the Act entitled ``An Act
providing for a comprehensive development of the park and playground
system of the National Capital'', approved June 6, 1924 (sec. 1-
2004(c), D.C. Code; 40 U.S.C. 71d(c)), as amended by subsection (a)(2),
is amended by inserting after ``June 1, 1910),'' the following: ``and,
at the request of the Commission or any of its members, the
determination of whether any building proposed to be constructed in the
District of Columbia meets the requirements of such Act,''.
(c) Providing Standing for NCPC or Members To Enforce Building
Height Limitations.--
(1) Authority of commission and members.--Section 5 of the
Act entitled ``An Act providing for a comprehensive development
of the park and playground system of the National Capital'',
approved June 6, 1924 (sec. 1-2004, D.C. Code; 40 U.S.C. 71d)
is amended by adding at the end the following new subsection:
``(f)(1) The Commission and each of its members shall have standing
to enforce any limitation on buildings and structures in the District
of Columbia described in the Act entitled `An Act to regulate the
height of buildings in the District of Columbia', approved June 1,
1910.
``(2) If a member of the Commission exercises the authority
provided under paragraph (1) to enforce a limitation on buildings and
structures, the member shall exercise the authority in the member's own
name and at the member's own expense unless the Commission authorizes
the member to exercise the authority in the name of the Commission and
at the Commission's expense.''.
(2) Conforming authority under building heights act.--
Section 8 of the Act entitled ``An Act to regulate the height
of buildings in the District of Columbia'', approved June 1,
1910 (sec. 5-408, D.C. Code), is amended--
(A) in the first sentence, by striking ``his
assistants'' and inserting ``his assistants, or by the
National Capital Planning Commission or any of its
members (in accordance with section 5(f) of the Act
entitled `An Act providing for a comprehensive
development of the park and playground system of the
National Capital', approved June 6, 1924),''; and
(B) in the second sentence, by inserting after
``District of Columbia'' the first place it appears the
following: ``or the National Capital Planning
Commission or any of its members (in accordance with
section 5(f) of the Act entitled `An Act providing for
a comprehensive development of the park and playground
system of the National Capital', approved June 6,
1924)''.
(3) Conforming amendment.--Section 11 of the Act of June
20, 1938 (52 Stat. 801; sec. 5-427, D.C. Code) is amended by
adding at the end the following: ``Nothing in this section
shall be construed to limit the standing of the National
Capital Planning Commission or any of its members to enforce
any limitation on buildings and structures in the District of
Columbia pursuant to section 5(f) of the Act entitled `An Act
providing for a comprehensive development of the park and
playground system of the National Capital', approved June 6,
1924.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
buildings and structures in the District of Columbia for which building
permits or modifications to building permits are issued on or after
March 23, 1994. | District of Columbia Building Heights Act of 1994 - Amends the District of Columbia Code to revise provisions with respect to street widths controlling building heights in the District to require that if the alignment (currently, course) of streets forming an intersection is not interrupted by a public space or reservation confronting a building, the limit of height of the building shall be determined from the width of the widest street, avenue, or highway. Defines "street" to mean any road, avenue, drive, cart way, or other route open to the public as a regular right-of-way, but not an alley.
Replaces provisions allowing the heights of spires, towers, domes, minarets, pinnacles, penthouses over elevator shafts, ventilation shafts, chimneys, smokestacks, and fire sprinkler tanks to exceed mandatory limitations with provisions allowing roof structures that are not constructed or used for human occupancy to be erected to a greater height than any mandatory limit for the District with the Mayor's approval, provided that: (1) the roof structure must be fireproof; and (2) such structure (other than a spire, tower, dome, minaret, pinnacle, chimney, or smokestack) shall be set back from the exterior or bounding walls of the building upon which the structure is placed at distances (not less than) its height above the adjacent roof. Authorizes the Mayor to waive the latter requirement if it would be unduly restrictive or impracticable and if such waiver would not materially interfere with the Act or adversely affect the exposure of adjacent buildings to light and air. Provides that a skylight shall not be considered a roof structure if it is less than five feet in height.
Increases the fine for violation of: (1) the Act to not more than $10,000 per day (currently, not less than ten dollars nor more than $100 per day); and (2) a court injunction resulting from such violation to not more than $100,000 (currently, not less than $100 nor more than $500).
Requires the approval of the National Capital Planning Commission (NCPC) and the Mayor before a roof structure of any building in the District can exceed building height limitations. Allows the NCPC or any of its members to request a determination of whether any building proposed to be constructed in the District meets mandatory requirements.
Provides that the NCPC and each of its members shall have standing to enforce any limitation on the heights of buildings and structures in the District. | District of Columbia Building Heights Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Security Officer Quality
Assurance Act of 1996''.
SEC. 2. FINDINGS.
Congress finds that--
(1) employment of private security officers in the United
States is growing rapidly;
(2) the private security industry provides numerous
opportunities for entry-level job applicants, including
individuals suffering from unemployment due to economic
conditions or dislocations;
(3) sworn law enforcement officers provide significant
services to the citizens of the United States in its public
areas, and are only supplemented by private security officers
who provide prevention and reporting services in support of,
but not in place of, regular sworn police;
(4) given the growth of large private shopping malls, and
the consequent reduction in the number of public shopping
streets, the American public is more likely to have contact
with private security personnel in the course of a day than
with sworn law enforcement officers;
(5) regardless of the differences in their duties, skill,
and responsibilities, the public has difficulty in discerning
the difference between sworn law enforcement officers and
private security personnel; and
(6) the American public demands the employment of
qualified, well-trained private security personnel as an
adjunct, but not a replacement for sworn law enforcement
officers.
SEC. 3. BACKGROUND CHECKS.
(a) In General.--An association of employers of private security
officers, designated for the purpose of this section by the Attorney
General, may submit fingerprints or other methods of positive
identification approved by the Attorney General, to the Attorney
General on behalf of any applicant for a State license or certificate
of registration as a private security officer or employer of private
security officers. In response to such a submission, the Attorney
General may, to the extent provided by State law conforming to the
requirements of the second paragraph under the heading ``Federal Bureau
of Investigation'' and the subheading ``Salaries and Expenses'' in
title II of Public Law 92-544 (86 Stat. 1115), exchange, for licensing
and employment purposes, identification and criminal history records
with the State governmental agencies to which such applicant has
applied.
(b) Regulations.--The Attorney General may prescribe such
regulations as may be necessary to carry out this section, including
measures relating to the security, confidentiality, accuracy, use, and
dissemination of information and audits and recordkeeping and the
imposition of fees necessary for the recovery of costs.
(c) Report.--The Attorney General shall report to the Senate and
House Committees on the Judiciary 2 years after the date of enactment
of this bill on the number of inquiries made by the association of
employers under this section and their disposition.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that States should participate in the
background check system established under section 3.
SEC. 5. DEFINITIONS.
As used in this Act--
(1) the term ``employee'' includes an applicant for
employment;
(2) the term ``employer'' means any person that--
(A) employs one or more private security officers;
or
(B) provides, as an independent contractor, for
consideration, the services of one or more private
security officers (possibly including oneself);
(3) the term ``private security officer''--
(A) means--
(i) an individual who performs security
services, full or part time, for consideration
as an independent contractor or an employee,
whether armed or unarmed and in uniform or
plain clothes whose primary duty is to perform
security services, or
(ii) an individual who is an employee of an
electronic security system company who is
engaged in one or more of the following
activities in the State: burglar alarm
technician, fire alarm technician, closed
circuit television technician, access control
technician, or security system monitor; but
(B) does not include--
(i) sworn police officers who have law
enforcement powers in the State,
(ii) attorneys, accountants, and other
professionals who are otherwise licensed in the
State,
(iii) employees whose duties are primarily
internal audit or credit functions,
(iv) persons whose duties may incidentally
include the reporting or apprehension of
shoplifters or trespassers, or
(v) an individual on active duty in the
military service;
(4) the term ``certificate of registration'' means a
license, permit, certificate, registration card, or other
formal written permission from the State for the person to
engage in providing security services;
(5) the term ``security services'' means the performance of
one or more of the following:
(A) the observation or reporting of intrusion,
larceny, vandalism, fire or trespass;
(B) the deterrence of theft or misappropriation of
any goods, money, or other item of value;
(C) the observation or reporting of any unlawful
activity;
(D) the protection of individuals or property,
including proprietary information, from harm or
misappropriation;
(E) the control of access to premises being
protected;
(F) the secure movement of prisoners;
(G) the maintenance of order and safety at
athletic, entertainment, or other public activities;
(H) the provision of canine services for protecting
premises or for the detection of any unlawful device or
substance; and
(I) the transportation of money or other valuables
by armored vehicle; and
(6) the term ``State'' means any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands.
Passed the House of Representatives September 26, 1996.
Attest:
ROBIN H. CARLE,
Clerk. | Private Security Officer Quality Assurance Act of 1996 - Authorizes an association of employers of private security officers (officers) to submit fingerprints or other methods of positive identification to the Attorney General for background checks of such officers. Allows the Attorney General to: (1) exchange identification and criminal history records with State governmental agencies for licensing and employment purposes; and (2) prescribe regulations to carry out this Act, including measures relating to the imposition of fees necessary for the recovery of costs. Expresses the sense of the Congress that States should participate in the background check system established under this Act. | Private Security Officer Quality Assurance Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Park Centennial Act of
2004''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds:
(1) The National Park Service was established to conserve
the national parks, their scenery, natural and historic
objects, and wildlife for the enjoyment, in such manner and by
such means as will leave them unimpaired for the enjoyment of
future generations.
(2) The central purpose of the establishment of our
national parks is being challenged by chronic funding
shortfalls, which have created annual shortfalls in operational
funding that exceed $600,000,000, and have amassed a
maintenance backlog estimated by the General Accounting Office
at between $4,080,000,000 and $6,800,000,000.
(3) Without providing the Park Service the resources
necessary to operate and maintain our national parks, future
generations will receive diminished visitor services, will
experience a continually weakening system that is less and less
able to fulfill its mission, and will inherit a national park
system than has been left to them in worse condition that it
was left to their ancestors.
(4) The annual appropriations process has proved incapable
of fully addressing the debilitating funding shortfalls of the
national parks, making it necessary to supplement what the
appropriations process is able to accomplish.
(5) It is necessary to ensure that fiscal resources devoted
to the national parks are spent wisely and effectively, making
strong congressional oversight over annual appropriations
extremely important.
(6) Congress can enhance the resources available for
national park operations and ensure adequate oversight over
Park Service spending by removing from the appropriations
process a series of funding responsibilities that are outside
the core operating budgets for the national parks.
(b) Purpose.--The purpose of this Act is to eliminate the annual
operating deficit and the maintenance backlog in the national parks by
the centennial anniversary of the National Park System by enabling
Congress to focus on overseeing and fully funding the core operations
of the national parks in the annual appropriations process.
TITLE I--CENTENNIAL FUND
SEC. 101. CENTENNIAL FUND FOR PRESERVING AMERICA'S NATIONAL PARKS.
(a) Establishment.--There is established in the Treasury of the
United States a fund which shall be known as the ``National Park
Centennial Fund'', hereinafter in this Act referred to as the
``Centennial Fund''. In each fiscal year beginning in fiscal year 2005,
the Secretary of the Treasury shall deposit in the Centennial Fund
amounts set forth in subsection (b) sufficient to fund the programs
identified in titles II, III, and IV.
(b) Appropriations.--There are hereby appropriated to the
Centennial Fund in each fiscal year, the following amounts:
(1) Amounts equivalent to the amounts designated in the
fiscal year concerned under section 6097 of the Internal
Revenue Code of 1986.
(2) Any additional amounts necessary to make the total
amounts deposited to the Centennial Fund each fiscal year equal
to the total amount listed in section 103.
SEC. 102. DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE BENEFIT
OF UNITS OF THE NATIONAL PARK SYSTEM.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE
BENEFIT OF UNITS OF THE NATIONAL PARK SYSTEM
``Sec. 6097. Designation.
``SEC. 6097. DESIGNATION.
``(a) In General.--In the case of an individual, with respect to
each taxpayer's return for the taxable year of the tax imposed by
chapter 1, such taxpayer may designate that--
``(1) a specified portion (but not less than $1) of any
overpayment of tax for such taxable year, and
``(2) any cash contribution which the taxpayer includes
with such return, shall be used for the benefit of units of the
National Park System.
``(b) Manner and Time of Designation.--A designation under
subsection (a) may be made with respect to any taxable year only at the
time of filing the return of the tax imposed by chapter 1 for such
taxable year. Such designation shall be made in such manner as the
Secretary prescribes by regulations except that such designation shall
be made either on the first page of the return or on the page bearing
the taxpayer's signature.
``(c) Overpayments Treated as Refunded.--For purposes of this
title, any portion of any overpayment of tax designated under
subsection (a) shall be treated as being refunded to the taxpayer as of
the last date prescribed for filing the return of tax imposed by
chapter 1 (determined without regard to extensions) or, if later, the
date the return is filed.''.
(b) Clerical Amendment.--The table of parts for subchapter A of
chapter 61 of such Code is amended by adding at the end thereof the
following new item:
``Part IX. Designation of overpayments and contributions for the
benefit of units of the National Park System''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004.
SEC. 103. PROGRAM ALLOCATION.
The following amounts shall be deposited in the Centennial Fund
from amounts designated under section 102 (and from the General Fund of
the Treasury to the extent the amounts so designated are less than the
total amounts specified in this section for the fiscal year concerned).
Such amounts shall, without further appropriation, be available to the
Secretary of the Interior until expended:
(1) Fiscal year 2005: $100,000,000.
(2) Fiscal year 2006: $125,000,000.
(3) Fiscal year 2007: $150,000,000.
(4) Fiscal year 2008: $175,000,000.
(5) Such sums as may be necessary through fiscal year 2016.
SEC. 104. DISTRIBUTION OF FUND.
There are hereby created within the Centennial Fund 3 accounts,
designated for the following purposes:
(1) National Park Backlog Elimination Fund (60 percent).
(2) Natural Resource Challenge Fund (20 percent).
(3) Cultural Resource Challenge Fund (20 percent).
SEC. 105. PATRIOTS FOR PARKS PROMOTION.
There are hereby authorized to be appropriated to the Secretary of
the Interior such sums as necessary for a public awareness campaign
about the existence of the National Park Centennial Fund created in
section 101 and the ability of taxpayers to contribute to it through
the tax checkoff created in section 6097 of the Internal Revenue Code
of 1986.
TITLE II--ELIMINATING THE NATIONAL PARK MAINTENANCE BACKLOG
SEC. 201. BACKLOG ELIMINATION.
(a) In General.--Sixty percent of the funds deposited into the
Centennial Fund shall be used to eliminate the backlog of unmet needs
in the National Parks, as identified in the Facility Condition Index
(hereinafter in this Act referred to as the ``FCI'') of the National
Park Service.
(b) Priorities.--(1) The Secretary of the Interior shall prepare,
as part of the annual budget proposal, a priority list for projects to
be funded under this section. Moneys shall be made available from the
fund, without further appropriation, effective October 15 of each
calendar year, for the projects identified on the priority list, unless
prior to such date, legislation is enacted establishing a different
priority list.
(2) In preparing the list of projects to be funded under this
section, the Secretary of the Interior shall give priority to projects
that--
(A) are identified in the park unit's general management
plan;
(B) are listed in the FCI;
(C) are identified by the Secretary of the Interior as
necessary to prevent immediate damage to the park unit's
natural, cultural, or historic resources, with priority given
to projects with the most significant benefit to conservation
of resources or visitor education; and
(D) are identified as necessary to promote public health
and safety.
(c) Overhead.--National Parks undertaking projects under this
section may allocate up to 8 percent of the funds for such projects for
oversight of such projects and other associated overhead
responsibilities.
TITLE III--PROTECTING NATURAL WONDERS
SEC. 301. NATURAL RESOURCE CHALLENGE.
(a) Natural Resource Protection.--Twenty percent of the funds
deposited into the Centennial Fund shall be used to protect natural
resources within the parks.
(b) Project Description.--The Secretary of the Interior shall
prepare, as part of the annual budget proposal, a description of
projects to be funded under this section. Moneys shall be made
available from the Centennial Fund, without further appropriation,
effective October 15 of each calendar year for activities that include
each of the following:
(1) Natural resource inventories.
(2) Monitoring efforts including air and water quality
monitoring.
(3) Protection of native and endangered species and their
habitats.
(4) Control of nonnative species.
(5) Resource planning.
(6) Increase collaboration with scientists.
(7) Authorized environmental restoration projects.
(8) Use of parks for learning.
(9) Establishment of partnerships with nonpark entities for
the purpose of leveraging Federal funds allocated to natural
resource protection.
TITLE IV--PROTECTING NATIONAL TREASURES
SEC. 401. CULTURAL RESOURCE CHALLENGE.
(a) Cultural Resources.--Twenty percent of the funds deposited into
the Centennial Fund shall be used to protect cultural resources within
the national parks.
(b) Project Description.--The Secretary of the Interior shall
prepare, as part of the annual budget proposal, a description of
projects to be funded under this section. Moneys shall be made
available from the fund, without further appropriation, effective
October 15 of each calendar year for activities that include each of
the following:
(1) Cultural or historic resources not listed on the FCI.
(2) Documenting and preserving archaeological sites.
(3) Preserving collections and archives.
(4) Ethnographic activities.
(5) Evaluating and protecting cultural landscapes.
(6) Establishment of partnerships with non-park entities
for the purpose of leveraging Federal funds allocated to
cultural resource protection.
TITLE V--MEETING ANNUAL OPERATING NEEDS
SEC. 501. PROGRESS ON ANNUAL APPROPRIATIONS.
(a) GAO Report.--The General Accounting Office annually shall
submit to the Committee on Appropriations, Committee on Government
Reform, and Committee on Resources of the United States House of
Representatives and to the Committee on Appropriations, Committee on
Government Affairs, and Committee on Energy and Natural Resources of
the United States Senate a report that describes each of the following:
(1) The progress of Congress in eliminating the annual
operating fund deficit in the National Park System, defined as
in excess of $600,000,000 based on a fiscal year 2002 estimate
of then-complete national park business plans, and projection
of when such deficit will be eliminated, based on funding
levels and trends.
(2) A comparison of business plan estimates of national
park needs versus actual funds appropriated to such parks.
(3) Any differences in the Park Service's business plan
methodology for the estimate in paragraph (2) of this
subsection compared to that used in fiscal year 2003.
(4) Management improvement measures undertaken by
individual park units and by the National Park Service as a
whole, including actual realized savings and actual impact on
visitor services and resource protection.
(5) Adjustments in, and the total number of, full-time
equivalent and actual positions dedicated to resource
protection, visitor services, interpretation, and other
employment categories.
(6) Any adjustments made in service to the public,
including but not limited to adjustments to visitor center
hours and the number or quality of ranger-led tours.
(7) Any changes in the Park Service's level of effort due
to partnership or other leveraged activities.
(8) Any new requirements and assessments placed on the
parks for unbudgeted expenses, including, but not limited to,
homeland security, natural disasters, and employee cost-of-
living adjustments.
(9) An assessment of the accuracy and completeness of the
Facility Condition Index described in Title I of this Act,
including adjustments made to such Index on an annual basis.
(b) Business Plan Implementation Pilot (Demonstration) Program.--In
consultation with the Director of the National Park Service, at least
60 percent of the amounts provided under Titles II, III, and IV shall
be distributed to national parks that have completed comprehensive
business plans under the Business Plan Initiative of the National Park
Service.
(c) Education and the National Parks.--The Secretary of Education
is hereby authorized to provide grants to elementary and secondary
schools to enter into cooperative agreements with the National Park
Service for the purpose of distance learning and onsite education
programs for the following purposes:
(1) Connecting students to the history of our Nation
through the national parks.
(2) Using the parks to facilitate scientific instruction.
(d) Intent of Congress to Supplement Annual Appropriations for
National Park Service.--Amounts made available by this Act are intended
by the Congress to supplement, and not detract from, annual
appropriations for the National Park Service. | National Park Centennial Act of 2004 - Establishes the National Park Centennial Fund (Fund) in the Treasury.
Amends the Internal Revenue Code to allow individual taxpayers to designate overpayments and contributions for the benefit of the National Park System. Allocates such amounts to the Fund (along with necessary amounts from the General Fund to the extent that such amounts are inadequate in any fiscal year) for expenditure by the Secretary of the Interior.
Creates within the Fund the National Park Backlog Elimination Fund, the Natural Resource Challenge Fund, and the Cultural Resource Challenge Fund.
Authorizes appropriations for a public awareness campaign about the Fund and the ability of taxpayers to make tax-related contributions.
Requires a specified percentage of Fund deposits to be used: (1) for the elimination of the backlog of unmet needs in the national parks as identified in the Facility Condition Index of the National Park Service (NPS); (2) to protect natural resources within the parks; and (3) to protect cultural resources within the parks. Requires a majority of such percentages to be distributed to those national parks that have completed comprehensive business plans under the Business Plan Initiative of the NPS.
Directs the Government Accountability Office annually to submit a report on the National Park System to specified congressional committees.
Authorizes the Secretary of Education to provide grants to elementary and secondary schools for cooperative agreements with the NPS providing distance learning and onsite education programs. | To eliminate the annual operating deficit and maintenance backlog in the national parks, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sierra National Forest Land Exchange
Act of 2006''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Council.--The term ``Council'' means the Sequoia Council of
the Boy Scouts of America.
(2) Federal land.--The term ``Federal land'' means the parcel
of land comprising 160 acres and located in E\1/2\SW\1/4\ and W\1/
2\SE\1/4\, sec. 30, T. 9 S., R. 25 E., Mt. Diablo Meridian,
California.
(3) Non-federal land.--The term ``non-Federal land'' means a
parcel of land comprising approximately 80 acres and located in
N\1/2\NW\1/4\, sec. 29, T. 8 S., R. 26 E., Mt. Diablo Meridian,
California.
(4) Project no. 67.--The term ``Project No. 67'' means the
hydroelectric project licensed pursuant to the Federal Power Act
(16 U.S.C. 791a et seq.) as Project No. 67.
(5) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
SEC. 3. LAND EXCHANGE, SIERRA NATIONAL FOREST, CALIFORNIA.
(a) Exchange Authorized.--
(1) In general.--If, during the 1-year period beginning on the
date of enactment of this Act, the owner of the non-Federal land
offers to convey to the United States title to the non-Federal land
and to make a cash equalization payment of $50,000 to the United
States, the Secretary shall convey to the owner of the non-Federal
land, all right, title, and interest of the United States in and to
the Federal land, except as provided in subsection (d), subject to
valid existing rights, and under such terms and conditions as the
Secretary may require.
(2) Correction and modification of legal descriptions.--
(A) In general.--The Secretary, in consultation with the
owner of the non-Federal land, may agree to make corrections to
the legal descriptions of the Federal land and non-Federal
land.
(B) Modifications.--The Secretary and the owner of the non-
Federal land may agree to make minor modifications to the legal
descriptions if the modifications do not affect the overall
value of the exchange by more than 5 percent.
(b) Valuation of Land To Be Conveyed.--For purposes of this
section, during the period referred to in subsection (a)(1)--
(1) the value of the non-Federal land shall be considered to be
$200,000; and
(2) the value of the Federal land shall be considered to be
$250,000.
(c) Administration of Land Acquired by United States.--On
acquisition by the Secretary, the Secretary shall manage the non-
Federal land in accordance with--
(1) the Act of March 1, 1911 (commonly known as the ``Weeks
Act'') (16 U.S.C. 480 et seq.); and
(2) any other laws (including regulations) applicable to the
National Forest System.
(d) Conditions on Conveyance of Federal Land.--The conveyance by
the Secretary under subsection (a) shall be subject to the conditions
that--
(1) the recipient of the Federal land convey all 160 acres of
the Federal land to the Council not later than 120 days after the
date on which the recipient receives title to the Federal land;
(2) in accordance with section 4(a), the Secretary grant to the
owner of Project No. 67 an easement; and
(3) in accordance with section 4(b), the owner of Project No.
67 has the right of first refusal regarding any reconveyance of the
Federal land by the Council.
(e) Disposition and Use of Cash Equalization Funds.--
(1) In general.--The Secretary shall deposit the cash
equalization payment received under subsection (a)(1) in the fund
established by Public Law 90-171 (commonly known as the ``Sisk
Act'') (16 U.S.C. 484a).
(2) Use.--Amounts deposited under paragraph (1) shall be
available to the Secretary until expended, without further
appropriation, for the acquisition of land and any interests in
land for the National Forest System in the State of California.
(f) Cost Collection Funds.--
(1) In general.--The owner of the non-Federal land shall pay to
the Secretary all direct costs associated with processing the land
exchange under this section.
(2) Cost collection account.--
(A) In general.--Any amounts received by the Secretary
under paragraph (1) shall be deposited in a cost collection
account.
(B) Use.--Amounts deposited under subparagraph (A) shall be
available to the Secretary until expended, without further
appropriation, for the costs associated with the land exchange.
(C) Refund.--The Secretary shall provide to the owner of
the non-Federal land a refund of any amounts remaining in the
cost collection account after completion of the land exchange
that are not needed to cover expenses of the land exchange.
(g) Land and Water Conservation Fund.--For purposes of section 7 of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9),
the boundaries of the Sierra National Forest shall be considered to be
the boundaries of the Sierra National Forest as of January 1, 1965.
SEC. 4. GRANT OF EASEMENT AND RIGHT OF FIRST REFUSAL.
In accordance with the agreement entered into by the Forest
Service, the Council, and the owner of Project No. 67 entitled the
``Agreement to Convey Grant of Easement and Right of First Refusal''
and executed on April 17, 2006--
(1) the Secretary shall grant an easement to the owner of
Project No. 67; and
(2) the Council shall grant a right of first refusal to the
owner of Project No. 67.
SEC. 5. EXERCISE OF DISCRETION.
In exercising any discretion necessary to carry out this Act, the
Secretary shall ensure that the public interest is well served.
SEC. 6. GRANTS TO IMPROVE THE COMMERCIAL VALUE OF FOREST BIOMASS FOR
ELECTRIC ENERGY, USEFUL HEAT, TRANSPORTATION FUELS, AND OTHER
COMMERCIAL PURPOSES.
Section 210(d) of the Energy Policy Act of 2005 (42 U.S.C.
15855(d)) is amended by striking ``$50,000,000 for each of the fiscal
years 2006 through 2016'' and inserting ``$50,000,000 for fiscal year
2006 and $35,000,000 for each of fiscal years 2007 through 2016''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Sierra National Forest Land Exchange Act of 2006 - Directs the Secretary of Agriculture to convey specified federal land in Mt. Diablo Meridian, California, in exchange for certain non-federal land in Mt. Diablo Meridian and a payment of $50,000, if the owner of such land offers to make such exchange during the year following enactment of this Act.
Requires that the recipient of the federal land convey all 160 acres of such land to the Sequoia Council of the Boy Scouts of America within 120 days after the date on which the recipient receives title to that land.
Directs the Secretary to: (1) manage the non-federal land received in accordance with the Weeks Act and any other laws, including regulations, applicable to the National Forest System; and (2) deposit the cash payment received into the fund established by the Sisk Act, to be expended for the acquisition of lands and interests in lands for the National Forest System in California.
Requires that the owner of the non-federal land pay to the Secretary all direct costs associated with processing the land exchange. Requires any such amounts received by the Secretary to be deposited in a cost collection account to be expended for the costs associated with the land exchange. Provides for the refund of any amounts remaining in such account after completion of the land exchange that are not needed to cover the expenses of such exchange.
Considers the boundaries of the Sierra National Forest to be its boundaries as of January 1, 1965.
States that, in accordance with a specified agreement entered into by the Forest Service, the Council, and the owner of the hydroelectric Project No. 67 and executed on April 17, 2006: (1) the Secretary shall grant an easement to the owner of Project No. 67; and (2) the Council shall grant a right of first refusal to that owner.
Requires the Council to provide to the owner of the project, under such terms and conditions as are agreed to by the Council and such owner, a right of first refusal to obtain the federal land, or a portion of such land, that the Council proposes to sell, transfer, or otherwise convey.
Instructs the Secretary, in exercising any discretion necessary to carry out this Act, to ensure that the public interest is well served.
Amends the Energy Policy Act of 2005 to decrease the amount provided for carrying out the Biomass Commercial Use Grant Program and the Improved Biomass Use Grant Program for FY2007-FY2016. | To provide for the exchange of land within the Sierra National Forest, California, and for other purposes. |
SECTION 1. COMMISSION ON FREEDOM OF INFORMATION ACT PROCESSING DELAYS.
(a) Short Title.--This Act may be cited as the ``Faster FOIA Act of
2010''.
(b) Establishment.--There is established the Commission on Freedom
of Information Act Processing Delays (in this Act referred to as the
``Commission'' for the purpose of conducting a study relating to
methods to help reduce delays in processing requests submitted to
Federal agencies under section 552 of title 5, United States Code
(commonly referred to as the ``Freedom of Information Act'').
(c) Membership.--
(1) In general.--The Commission shall be composed of 16
members of whom--
(A) 3 shall be appointed by the chairman of the
Committee on the Judiciary of the Senate;
(B) 3 shall be appointed by the ranking member of
the Committee on the Judiciary of the Senate;
(C) 3 shall be appointed by the chairman of the
Committee on Government Reform of the House of
Representatives;
(D) 3 shall be appointed by the ranking member of
the Committee on Government Reform of the House of
Representatives;
(E) 1 shall be appointed by the Attorney General of
the United States;
(F) 1 shall be appointed by the Director of the
Office of Management and Budget;
(G) 1 shall be appointed by the Archivist of the
United States; and
(H) 1 shall be appointed by the Comptroller General
of the United States.
(2) Qualifications of congressional appointees.--Of the 3
appointees under each of subparagraphs (A), (B), (C), and (D)
of paragraph (1) at least 2 shall have experience in academic
research in the fields of library science, information
management, or public access to Government information.
(3) Timeliness of appointments.--Appointments to the
Commission shall be made as expeditiously as possible, but not
later than 60 days after the date of enactment of this Act.
(d) Study.--The Commission shall conduct a study to--
(1) identify methods that--
(A) will help reduce delays in the processing of
requests submitted to Federal agencies under section
552 of title 5, United States Code; and
(B) ensure the efficient and equitable
administration of that section throughout the Federal
Government;
(2) examine whether the system for charging fees and
granting waivers of fees under section 552 of title 5, United
States Code, needs to be reformed in order to reduce delays in
processing requests; and
(3) examine and determine--
(A) why the Federal Government's use of the
exemptions under section 552(b) of title 5, United
States Code, increased during fiscal year 2009;
(B) the reasons for any increase, including whether
the increase was warranted and whether the increase
contributed to FOIA processing delays;
(C) what efforts were made by Federal agencies to
comply with President Obama's January 21, 2009
Presidential Memorandum on Freedom of Information Act
Requests and whether those efforts were successful; and
(D) make recommendations on how the use of
exemptions under section 552(b) of title 5, United
States Code, may be limited.
(e) Report.--Not later than 1 year after the date of enactment of
this Act, the Commission shall submit a report to Congress and the
President containing the results of the study under this section, which
shall include--
(1) a description of the methods identified by the study;
(2) the conclusions and recommendations of the Commission
regarding--
(A) each method identified; and
(B) the charging of fees and granting of waivers of
fees; and
(3) recommendations for legislative or administrative
actions to implement the conclusions of the Commission.
(f) Staff and Administrative Support Services.--The Archivist of
the United States shall provide to the Commission such staff and
administrative support services, including research assistance at the
request of the Commission, as necessary for the Commission to perform
its functions efficiently and in accordance with this section.
(g) Information.--To the extent permitted by law, the heads of
executive agencies, the Government Accountability Office, and the
Congressional Research Service shall provide to the Commission such
information as the Commission may require to carry out its functions.
(h) Compensation of Members.--Members of the Commission shall serve
without compensation for services performed for the Commission.
(i) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(j) Transparency.--All meetings of the Commission shall be open to
the public, except that a meeting, or any portion of it, may be closed
to the public if it concerns matters or information described in
chapter 552b(c) of title 5, United States Code. Interested persons
shall be permitted to appear at open meetings and present oral or
written statements on the subject matter of the meeting. The Commission
may administer oaths or affirmations to any person appearing before the
Commission.
(k) Termination.--The Commission shall terminate 30 days after the
submission of the report under subsection (e).
Passed the Senate May 5, 2010.
Attest:
NANCY ERICKSON,
Secretary. | Faster FOIA Act of 2010 - Establishes the Commission on Freedom of Information Act Processing Delays to conduct a study to: (1) identify methods that will help reduce delays in processing Freedom of Information Act (FOIA) requests submitted to federal agencies; (2) ensure the efficient and equitable administration of FOIA throughout the federal government; (3) examine whether the system for charging fees for such requests and granting waivers of such fees needs to be reformed; (4) determine why the government's use of FOIA exemptions increased during FY2009, whether the increase contributed to delays, what efforts were made by federal agencies to comply with President Obama's January 21, 2009 Presidential Memorandum on Freedom of Information Act Requests, and whether those efforts were successful; and (5) make recommendations on how the use of exemptions may be limited.
Directs the Commission to report to Congress and the President on the results of the study not later than one year after enactment of this Act. | A bill to establish the Commission on Freedom of Information Act Processing Delays. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adam Walsh Reauthorization Act of
2016''.
SEC. 2. SEX OFFENDER MANAGEMENT ASSISTANCE (SOMA) PROGRAM
REAUTHORIZATION.
Section 126(d) of the Adam Walsh Child Protection and Safety Act of
2006 (42 U.S.C. 16926(d)) is amended to read as follows:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General $20,000,000 for each of the fiscal
years 2017 through 2021, to be available only for the SOMA program.''.
SEC. 3. REAUTHORIZATION OF FEDERAL ASSISTANCE WITH RESPECT TO
VIOLATIONS OF REGISTRATION REQUIREMENTS.
Section 142(b) of the Adam Walsh Child Protection and Safety Act of
2006 (42 U.S.C. 16941(b)) is amended by striking ``such sums as may be
necessary for fiscal years 2007 through 2009'' and inserting ``to the
United States Marshals Service not less than $66,300,000 for each of
the fiscal years 2017 through 2021''.
SEC. 4. DURATION OF SEX OFFENDER REGISTRATION REQUIREMENTS FOR CERTAIN
JUVENILES.
Subparagraph (B) of section 115(b)(2) of the Adam Walsh Child
Protection and Safety Act of 2006 (42 U.S.C. 16915(b)(2)) is amended by
striking ``25 years'' and inserting ``15 years''.
SEC. 5. PUBLIC ACCESS TO JUVENILE SEX OFFENDER INFORMATION.
Section 118(c) of the Adam Walsh Child Protection and Safety Act of
2006 (42 U.S.C. 16918(c)) is amended--
(1) by striking ``and'' after the semicolon in paragraph
(3);
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) any information about a sex offender for whom the
offense giving rise to the duty to register was an offense for
which the offender was adjudicated delinquent; and''.
SEC. 6. PROTECTION OF LOCAL GOVERNMENTS FROM STATE NONCOMPLIANCE
PENALTY UNDER SORNA.
Section 125 of the Adam Walsh Child Protection and Safety Act of
2006 (42 U.S.C. 16925(a)) is amended--
(1) by striking ``jurisdiction'' each place it appears and
inserting ``State'';
(2) in subsection (a)--
(A) by striking ``subpart 1 of part E'' and
inserting ``section 505(c)''; and
(B) by striking ``(42 U.S.C. 3750 et seq.)'' and
inserting ``(42 U.S.C. 3755(c))''; and
(3) by adding at the end the following:
``(e) Calculation of Allocation to Units of Local Government.--
Notwithstanding the formula under section 505(c) of the Omnibus Crime
Control and Safe Streets Act 1968 (42 U.S.C. 3755(c)), a State which is
subject to a reduction in funding under subsection (a) shall--
``(1) calculate the amount to be made available to units of
local government by the State pursuant to the formula under
section 505(c) using the amount that would otherwise be
allocated to that State for that fiscal year under section
505(c) of that Act, and make such amount available to such
units of local government; and
``(2) retain for the purposes described in section 501 any
amount remaining after the allocation required by paragraph
(1).''.
SEC. 7. ADDITIONAL INFORMATION TO BE INCLUDED IN ANNUAL REPORT ON
ENFORCEMENT OF REGISTRATION REQUIREMENTS.
Section 635 of the Adam Walsh Child Protection and Safety Act of
2006 (42 U.S.C. 16991) is amended--
(1) by striking ``Not later than July 1 of each year'' and
inserting ``On January 1 of each year,'';
(2) in paragraph (3), by inserting before the semicolon at
the end the following: ``, and an analysis of any common
reasons for noncompliance with such Act'';
(3) in paragraph (4), by striking ``and'' at the end;
(4) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(5) by adding after paragraph (5) the following:
``(6) the number of sex offenders registered in the
National Sex Offender Registry;
``(7) the number of sex offenders registered in the
National Sex Offender Registry who--
``(A) are adults;
``(B) are juveniles;
``(C) are adults, but who are required to register
as a result of conduct committed as a juvenile; and
``(D) were convicted of statutory rape as a result
of conduct committed as a juvenile; and
``(8) to the extent such information is obtainable, of the
number of sex offenders registered in the National Sex Offender
Registry who are juveniles--
``(A) the percentage of such offenders who were
adjudicated delinquent; and
``(B) the percentage of such offenders who were
prosecuted as adults.''.
SEC. 8. ENSURING SUPERVISION OF RELEASED SEXUALLY DANGEROUS PERSONS.
(a) Probation Officers.--Section 3603 of title 18, United States
Code, is amended in paragraph (8)(A) by striking ``or 4246'' and
inserting ``, 4246, or 4248''.
(b) Pretrial Services Officers.--Section 3154 of title 18, United
States Code, is amended in paragraph (12)(A) by striking ``or 4246''
and inserting ``, 4246, or 4248''.
SEC. 9. CIVIL REMEDY FOR SURVIVORS OF CHILD SEXUAL EXPLOITATION AND
HUMAN TRAFFICKING.
Section 2255(b) of title 18, United States Code, is amended--
(1) by striking ``three years'' and inserting ``10 years'';
and
(2) by inserting ``ends'' before the period at the end.
SEC. 10. TRIBAL ACCESS PROGRAM.
The Attorney General is authorized to provide technical assistance,
including equipment, to tribal governments for the purpose of enabling
such governments to access, enter information into, and obtain
information from, Federal criminal information databases, as authorized
under section 534(d) of title 28, United States Code.
SEC. 11. ALTERNATIVE MECHANISMS FOR IN-PERSON VERIFICATION.
Section 116 of the Adam Walsh Child Protection and Safety Act of
2006 (42 U.S.C. 16916) is amended--
(1) by striking ``A sex offender shall'' and inserting the
following:
``(a) In General.--Except as provided in subsection (b), a sex
offender shall''; and
(2) by adding at the end the following:
``(b) Alternative Verification Method.--A jurisdiction may allow a
sex offender to comply with the requirements under subsection (a) by
video conference, or another similar method, except that each offender
shall appear in person not less than one time per year. The Attorney
General shall approve an alternative verification method described in
this subsection prior to its implementation by a jurisdiction in order
to ensure that such method provides for verification that is sufficient
to ensure the public safety.''. | Adam Walsh Reauthorization Act of 2016 This bill amends the Sex Offender Registration and Notification Act to: reauthorize through FY2021 the Sex Offender Management Assistance program, reauthorize through FY2021 the activities of the U.S. Marshals Service to locate and apprehend sex offenders who violate sex offender registration requirements, reduce from 25 years to 15 years the required registration period for certain juvenile delinquent sex offenders who maintain a clean record, allow a state, Indian tribe, or territory to exempt from disclosure on a public website information about juvenile delinquent sex offenders, specify how to calculate the allocation of Byrne Memorial Justice Assistance Grant (JAG) program funds for local governments after a state's JAG funds are reduced for failure to comply with sex offender registration and notification standards, and establish an alternative method for complying with the in-person verification requirement. It amends the Adam Walsh Child Protection and Safety Act of 2006 to require the Department of Justice to include additional data in its annual report on the enforcement of sex offender registration requirements. The bill amends the federal criminal code to: modify the duties of probation and pretrial services officers to include, when directed by a court, supervision of a sex offender conditionally released from civil commitment subject to court-ordered compliance with a prescribed regimen of medical, psychiatric, or psychological treatment; and extend the statute of limitations for a minor victim of a federal sex offense to file a civil action to 10 years (currently 3 years) from the date such individual reaches age 18. | Adam Walsh Reauthorization Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commemorative Events
Advisory Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the preparation and consideration of the multitude of
bills proposing particular days, weeks, months, or years for
recognition through Presidential proclamation unduly burdens
the Congress and consumes an inordinate amount of time;
(2) such proposals could be more efficiently considered by
a commission whose sole function would be to review proposals
for national commemorative events and to make positive or
negative recommendations thereon to the President;
(3) such a commission would streamline the process by which
such proposals are currently considered and save the Congress
considerable time and resources which could be devoted to
matters of more pressing national concern; and
(4) such a commission would better ensure the impartial
review of proposals for national commemorative events generated
by a wide variety of constituent groups.
SEC. 3. ESTABLISHMENT AND MEMBERSHIP.
(a) In General.--There shall be established a commission to be
known as the ``President's Advisory Commission on National
Commemorative Events'' (hereinafter in this Act referred to as the
``Commission'').
(b) Members.--The Commission shall be composed of 11 members, as
follows:
(1) 2 members shall be appointed by the Speaker of the
House of Representatives.
(2) 2 members shall be appointed by the President pro
tempore of the Senate.
(3) 7 members shall be appointed by the President. Members
under this paragraph shall represent, insofar as possible, a
wide range of educational, geographical, and professional
backgrounds. A Member of Congress may not be appointed under
this paragraph.
All members must be citizens of the United States.
(c) Terms.--(1) Each member shall be appointed for a term of 2
years, except as provided in paragraph (2).
(2) Of the members first appointed under subsection (b)(3)--
(A) 3 shall be appointed for 1 year, and
(B) 4 shall be appointed for 2 years,
as designated by the President.
(3) If a member was appointed to the Commission as a Member of
Congress and the member ceases to be a Member of Congress, that member
may continue as a member for not longer than the 30-day period
beginning on the date that member ceases to be a Member of Congress.
(d) Vacancies.--A vacancy shall be filled in the manner in which
the original appointment was made. A vacancy in the Commission shall
not affect its powers. Any member appointed to fill a vacancy occurring
before the expiration of the term for which the member's predecessor
was appointed shall be appointed only for the remainder of such term.
(e) Chairman.--The Chairman of the Commission shall be designated
by the President from among the members under subsection (b)(3). The
term of office of the Chairman shall be 2 years.
(f) Quorum.--6 members of the Commission shall constitute a quorum.
Action by a quorum shall be necessary for the Commission to issue a
recommendation under section 6(d).
(g) Meetings.--The Commission shall meet on at least a quarterly
basis. Meetings shall be held in the District of Columbia.
(h) Pay.--(1) Except as provided in paragraph (2), each member of
the Commission shall be paid the daily equivalent of the maximum rate
of basic pay payable for grade GS-15 of the General Schedule for each
day, including traveltime, during which such member is performing
duties of the Commission.
(2) Members of the Commission who are full-time officers or
employees of the United States or Members of Congress may not receive
additional pay by reason of their service on the Commission.
(i) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses, including a per
diem allowance in lieu of subsistence, in the same manner as persons
employed intermittently in the Government service are allowed travel
expenses under section 5703 of title 5 of the United States Code.
SEC. 4. DIRECTOR; STAFF.
(a) Authority.--The Commission may appoint and fix the pay of a
Director and such staff as the Commission considers appropriate.
(b) Inapplicability of Certain Civil Service Laws.--The Director
and staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates, except that
an individual so appointed may not receive pay in excess of the maximum
rate of basic pay payable for grade GS-15 of the General Schedule.
(c) Staff of Federal Agencies.--Upon request of the Chairman, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this Act.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may, for the purpose of carrying out
this Act, hold such hearings, take such testimony, and receive such
evidence, as it considers appropriate.
(b) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property, but not from a source having a
direct interest in any matter before the Commission.
(c) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(d) Administrative Support Services.--The Administrator of General
Services shall provide to the Commission, on a reimbursable basis, such
administrative support services as the Commission may request.
SEC. 6. DUTIES OF THE COMMISSION.
(a) Criteria.--The Commission shall establish criteria for
recommending to the President that a proposed commemorative event be
approved or disapproved.
(b) Submission of Proposals.--The Commission shall establish and
publish in the Federal Register procedures for submitting proposals for
national commemorative events to the Commission.
(c) Review of Proposals.--The Commission shall review all proposals
submitted to it in accordance with subsection (b).
(d) Recommendation to the President.--The Commission shall issue a
recommendation to the President for approval or disapproval of each
proposal submitted to it in accordance with subsection (b). Each
recommendation shall be accompanied by a brief explanation of the
reasons why such recommendation was made.
SEC. 7. EFFECTIVE DATE; COMMENCEMENT AND TERMINATION PROVISIONS.
(a) Effective Date.--This Act shall take effect at the beginning of
the One Hundred Third Congress.
(b) Commencement; Termination.--(1) Members of the Commission shall
be appointed, and the Commission shall first meet, within 90 days after
the effective date of this Act.
(2) The Commission shall terminate 5 years after the date on which
it first meets. | National Commemorative Events Advisory Act - Establishes the President's Advisory Commission on National Commemorative Events to: (1) establish criteria for recommending to the President that a proposed commemorative event be approved or disapproved; (2) review proposals for national commemorative events submitted in accordance with procedures published by the Commission; and (3) issue recommendations to the President concerning each proposal reviewed. | National Commemorative Events Advisory Act |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Pennsylvania
National Forest Improvement 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. Disposal of administrative sites, Allegheny National Forest,
Pennsylvania.
Sec. 3. Conveyance of Sheffield Ranger District Headquarters, Warren
County, Pennsylvania.
Sec. 4. Conveyance of Ridgeway Ranger District Headquarters, Elk
County, Pennsylvania.
Sec. 5. Conveyance of Marienville Ranger Residence, Forest County,
Pennsylvania.
Sec. 6. Disposition of funds.
Sec. 7. Administration of land acquired by United States.
Sec. 8. Relation to other conveyances authorities.
SEC. 2. DISPOSAL OF ADMINISTRATIVE SITES, ALLEGHENY NATIONAL FOREST,
PENNSYLVANIA.
(a) Disposal Authority.--The Secretary of Agriculture may convey,
by sale or exchange, any and all right, title, and interest of the
United States in and to the following National Forest System lands and
administrative sites in the Allegheny National Forest, in Pennsylvania:
(1) US Tract 121, Sheffield ranger residence, consisting of
0.41 acres, as depicted on the map titled ``Allegheny Unit,
Allen M. Gibson Tract 121, March 1942''.
(2) US Tract 896, an undeveloped administrative site,
consisting of 2.42 acres, as depicted on the map titled
``Allegheny Unit, Howard L. Harp Tract 896, 1947''.
(3) US Tract 1047 (formerly Tracts 551, 551a,b,c), original
Marienville Ranger District Headquarters, consisting of 4.90
acres, as depicted on the map titled ``Marienville Ranger
Station Compound Tract 1047, August 1998''.
(4) US Tract 844, Marienville ranger residence, as depicted
on the map titled ``Allegheny Unit, Peter B. DeSmet Tract 844,
1936'', except that portion of the tract identified as Lot 2,
on the Survey Plat prepared by D. M. Heller and dated December
12, 1999, which is subject to conveyance under section 5.
(b) Property Descriptions.--The maps referred to in subsection (a)
are the primary descriptions of the lands to which the maps refer. In
the event of a conflict between a map description and the metes and
bounds description of the lands, the map shall be deemed to be the
definitive description of the lands unless the map cannot be located.
The maps shall be on file and available for public inspection in the
Office of the Chief of the Forest Service until the lands are disposed
of pursuant to this section.
(c) Consideration.--
(1) Authorized consideration.--As consideration for a
conveyance of land under subsection (a), the recipient of the
land, with the consent of the Secretary, may convey to the
Secretary other land, existing improvements, or improvements
constructed to the specifications of the Secretary.
(2) Cash equalization.--Notwithstanding any other provision
of law, the Secretary may accept a cash equalization payment in
excess of 25 percent of the value of any land and
administrative site exchanged under subsection (a).
(d) Applicable Law.--Except as otherwise provided in this section,
any conveyance of land under subsection (a) shall be subject to the
laws and regulations applicable to the conveyance and acquisition of
land for the National Forest System.
(e) Solicitation of Offers.--
(1) Conveyance priority.--In the selection of the recipient
of land under this section, the Secretary may give a preference
to public entities that agree to use the land for public
purposes.
(2) Terms and conditions.--The Secretary may solicit offers
for the conveyance of land under this section on such terms and
conditions as the Secretary may prescribe.
(3) Rejection of offers.--The Secretary may reject any
offer made under this section if the Secretary determines that
the offer is not adequate or not in the public interest.
(f) Revocations.--Notwithstanding any other provision of law, on
conveyance of land by the Secretary under this section, any public
order withdrawing the land from any form of appropriation under the
public land laws is revoked.
(g) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with any conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 3. CONVEYANCE OF SHEFFIELD RANGER DISTRICT HEADQUARTERS, WARREN
COUNTY, PENNSYLVANIA.
(a) Conveyance Authorized.--The Secretary of Agriculture may convey
to the Warren County Development Association of Warren County,
Pennsylvania, all right, title, and interest of the United States in
and to US Tract 770, Sheffield Ranger District Headquarters, consisting
of 5.50 acres, as depicted on the map titled ``Allegheny Unit, Elk
Tanning Company Tract 770, 1934''.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the Warren County Development Association shall make to
the Secretary a lump sum payment of $100,000.
(c) Property Description.--The map referred to in subsection (a) is
the primary description of the lands to which the map refers. In the
event of a conflict between the map description and the metes and
bounds description of the lands, the map shall be deemed to be the
definitive description of the lands unless the map cannot be located.
The map shall be on file and available for public inspection in the
Office of the Chief of the Forest Service until the lands are disposed
of pursuant to this section.
(d) Revocations.--Notwithstanding any other provision of law, on
conveyance of land by the Secretary under this section, any public
order withdrawing the land from any form of appropriation under the
public land laws is revoked.
SEC. 4. CONVEYANCE OF RIDGEWAY RANGER DISTRICT HEADQUARTERS, ELK
COUNTY, PENNSYLVANIA.
(a) Conveyance Authorized.--The Secretary of Agriculture may convey
to Ridgeway Township, Pennsylvania, all right, title, and interest of
the United States in and to US Tract 904, consisting of 8.812 acres,
and US Tract 905, consisting of 0.869 acres, Ridgeway Ranger District
Headquarters, as depicted on the maps titled ``Allegheny Unit, Harry R.
Eliza E. Larson Tract 904, 1959'' and ``Allegheny Unit, Leo S. Laura A.
Guth Tract 905, July 1948''.
(b) Consideration.--As consideration for the conveyance under
subsection (a), Ridgeway Township shall pay to the Secretary an amount
equal to the fair market value of the conveyed lands, as determined by
an appraisal acceptable to the Secretary and Ridgeway Township.
(c) Property Description.--The maps referred to in subsection (a)
is the primary description of the lands to which the maps refer. In the
event of a conflict between a map description and the metes and bounds
description of the lands, the map shall be deemed to be the definitive
description of the lands unless the map cannot be located. The maps
shall be on file and available for public inspection in the Office of
the Chief of the Forest Service until the lands are disposed of
pursuant to this section.
(d) Revocations.--Notwithstanding any other provision of law, on
conveyance of land by the Secretary under this section, any public
order withdrawing the land from any form of appropriation under the
public land laws is revoked.
SEC. 5. CONVEYANCE OF MARIENVILLE RANGER RESIDENCE, FOREST COUNTY,
PENNSYLVANIA.
(a) Conveyance Authorized.--The Secretary of Agriculture may
convey, without consideration, to the Marienville Volunteer Fire
Department of Forest County, Pennsylvania, all right, title, and
interest of the United States in and to that portion of US Tract 844,
Marienville ranger residence, as depicted on the map titled ``Allegheny
Unit, Peter B. DeSmet Tract 844, 1936'', which is identified as Lot 2
on the Survey Plat prepared by D. M. Heller and dated December 12,
1999.
(b) Property Description.--The map referred to in subsection (a) is
the primary description of the lands to which the map refers. In the
event of a conflict between the map description and the metes and
bounds description of the lands, the map shall be deemed to be the
definitive description of the lands unless the map cannot be located.
The map shall be on file and available for public inspection in the
Office of the Chief of the Forest Service until the lands are disposed
of pursuant to this section.
(c) Revocations.--Notwithstanding any other provision of law, on
conveyance of land by the Secretary under this section, any public
order withdrawing the land from any form of appropriation under the
public land laws is revoked.
SEC. 6. DISPOSITION OF FUNDS.
(a) Deposit in Sisk Act Fund.--The Secretary of Agriculture shall
deposit in the fund established under Public Law 90-171 (16 U.S.C.
484a; commonly known as the Sisk Act)--
(1) the proceeds of a sale or exchange under section 2; and
(2) the consideration received pursuant to sections 3(b)
and 4(b).
(b) Use of Proceeds.--Subject to subsection (c), funds deposited
under subsection (a) shall be available to the Secretary, without
further appropriation, for--
(1) the acquisition, construction, or improvement of
administrative facilities and sites for the Allegheny National
Forest; or
(2) the acquisition of land and interests in land in the
Allegheny National Forest.
(c) Condition on Land Acquisition.--The acquisition of lands in the
Allegheny National Forest using funds deposited under subsection (a) is
subject to the condition that the market value of the acquired lands
may not exceed 125 percent of the market value of the lands disposed of
under this Act.
SEC. 7. ADMINISTRATION OF LAND ACQUIRED BY UNITED STATES.
Lands acquired by the Secretary of Agriculture under section 6(b)
or by exchange under section 2 shall be managed by the Secretary in
accordance with the Act of March 1, 1911 (commonly known as the Weeks
Act; 16 U.S.C. 480 et seq.) and other laws and regulations pertaining
to National Forest System lands. For the purposes of section 7 of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the
boundaries of the Allegheny National Forest, as adjusted on account of
the disposal and acquisition of lands under this Act, shall be
considered to be the boundaries of that national forest as of January
1, 1965.
SEC. 8. RELATION TO OTHER CONVEYANCES AUTHORITIES.
Except as expressly provided in this Act, nothing in this Act
affects any other authority of the Secretary of Agriculture to sell,
exchange, or acquire land. Lands authorized for disposal under this Act
shall not be subject to subchapters II and III of chapter 5 of title
40, United States Code.
Passed the House of Representatives October 5, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Pennsylvania National Forest Improvement Act of 2004 - (Sec. 2) Authorizes the Secretary of Agriculture to sell or exchange certain National Forest System lands and administrative sites in the Allegheny National Forest, Pennsylvania, and to accept a cash equalization payment in excess of 25 percent of the value of the land exchanged.
(Sec. 3) Authorizes the Secretary to convey to the Warren County, Pennsylvania Development Association, U.S. Tract 770, Sheffield Ranger District Headquarters for a lump sum payment of $100,000.
(Sec. 4) Authorizes the Secretary to convey to Ridgeway Township, Pennsylvania, U.S. Tract 904, Ridgeway Ranger District Headquarters, as depicted on specified Allegheny Unit maps.
(Sec. 5) Authorizes the Secretary to convey, without consideration, to the Marienville Volunteer Fire Department of Forest County, Pennsylvania, U.S. Tract 844, Marienville Ranger Residence.
(Sec. 6) Requires the Secretary to deposit in a Sisk Fund amounts received from the sale or exchange of land under this Act and to use such funds for administrative facilities and sites for the Allegheny National Forest or the acquisition of land in the Allegheny National Forest. | To authorize the Secretary of Agriculture to convey certain lands and improvements associated with the National Forest System in the State of Pennsylvania, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veteran Education Empowerment Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Over 1,000,000 veterans attended institutions of higher
education in 2012.
(2) Veterans face unique hardships in transitioning from
the battlefield to the classroom and eventually to the
workforce.
(3) The National Endowment for the Humanities' Warrior-
Scholar Project found that ``veterans transitioning to college
likely have not used academic skills since high school and have
difficulty adjusting to a fundamentally different social and
cultural environment, [leading] to veterans dropping out of
college before earning their degree''.
(4) The National Education Association found that veteran
students can feel lonely and vulnerable on campus and that
``connecting student veterans can effectively ease this
isolation'' by bringing together new veteran students with
those who have already successfully navigated the first few
semesters of college.
(5) The unemployment rate for post--9/11 veterans far
outpaces both the overall non-veteran unemployment rate and the
unemployment rate for non-veterans entering the workforce for
the first time.
(6) According to Mission United--a United Way program that
helps veterans re-acclimate to civilian life--it is often
``essential'' for veteran students to be mentored by ``another
veteran who understands their mindset and experience''.
(7) Veteran student centers are recognized as an
institutional best practice by the Student Veterans of America.
(8) The American Council on Education, which represents
more than 1,700 institutions of higher education across the
country, has called having a dedicated space for veterans on
campus ``a promising way for colleges and universities to
better serve veterans on campus'' and a ``critical'' component
of many colleges' efforts to serve their veteran students.
(9) Budget constraints often make it difficult or
impossible for institutions of higher education to dedicate
space to veteran offices, lounges, or student centers.
(10) The 110th Congress authorized the funding of veteran
student centers through the Centers of Excellence for Veteran
Student Success under part T of title VIII of the Higher
Education Act of 1965 (20 U.S.C. 1161t).
(11) According to the Department of Education, federally
funded veteran student centers and staff have generated
improved recruitment, retention, and graduation rates, have
helped veteran students feel better connected across campus,
and have directly contributed to student veterans' successful
academic outcomes.
SEC. 3. GRANT PROGRAM TO ESTABLISH, MAINTAIN, AND IMPROVE VETERAN
STUDENT CENTERS.
(a) Establishment.--From the amounts appropriated to carry out this
Act, the Secretary of Education shall establish a program to award
grants to institutions of higher education to assist in the
establishment, maintenance, and improvement of veteran student centers.
(b) Eligibility.--
(1) Application.--An institution of higher education
seeking a grant under subsection (a) shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
(2) Criteria.--The Secretary may award a grant under
subsection (a) to an institution of higher education if the
Secretary determines that the institution of higher education
meets the following criteria:
(A) The institution has a population of not less
than 15,000 students, of which not less than one
percent are veterans or members of the Armed Forces.
(B) The institution is located in a region or
community that has a significant population of
veterans.
(C) The institution carries out programs or
activities that assist veterans in the local community.
(D) The institution presents a sustainability plan
to demonstrate that its veteran student center will be
maintained and will continue to operate after the term
of the grant has ended.
(c) Use of Funds.--An institution of higher education that is
awarded a grant under subsection (a) shall use such grant to establish,
maintain, or improve a veteran student center.
(d) Amounts Awarded.--
(1) Duration.--Each grant awarded under subsection (a)
shall be for a 4-year period.
(2) Total amount of grant and schedule.--Each grant awarded
under subsection (a) may not exceed a total of $500,000.
Subject to subsection (e), the Secretary shall disburse to the
institution of higher education the amounts awarded under the
grant in such amounts and at such times during the grant period
as the Secretary determines appropriate.
(e) Evaluation.--The Secretary shall annually evaluate each
institution of higher education that is awarded a grant under
subsection (a) to determine whether the institution uses the grant in
accordance with this section. If the Secretary determines that the
institution of higher education is not using the grant in accordance
with this section, the Secretary may delay future disbursements of
amounts described in subsection (d)(2) until the Secretary determines
that the institution of higher education has corrected any deficiencies
and will use such amounts in accordance with this section.
(f) Report.--Not later than 3 years after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on the
grant program established under subsection (a), including--
(1) the number of grants awarded;
(2) the institutions of higher education that have received
grants;
(3) with respect to each such institution of higher
education--
(A) the amounts awarded; and
(B) how such institution used such amounts; and
(4) a determination by the Secretary with respect to
whether the grant program should be extended or expanded.
(g) Termination.--The authority of the Secretary to carry out the
grant program established under subsection (a) shall terminate on the
date that is 4 years after the date on which the grant program is
established.
(h) Definitions.--In this section:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(2) Veteran student center.--The term ``veteran student
center'' means a dedicated space on a campus of an institution
of higher education that provides students who are veterans or
members of the Armed Forces with the following:
(A) A lounge or meeting space for such students and
veterans in the community.
(B) A centralized office for veteran services
that--
(i) is staffed by trained employees and
volunteers; and
(ii) provides such students with assistance
relating to--
(I) transitioning from the military
to student life;
(II) transitioning from the
military to the civilian workforce;
(III) networking with other such
students;
(IV) understanding and obtaining
benefits provided by the Federal
Government or a State for which such
students may be eligible; and
(V) understanding how to succeed in
the institution of higher education,
including by understanding how to
transfer educational credits. | Veteran Education Empowerment Act - Directs the Secretary of Education to award four-year grants to institutions of higher education (IHEs) to establish, maintain, and improve a veteran student center. Requires grantees to be IHEs that: have a population of at least 15,000 students, of which at least 1% are veterans or members of the Armed Forces; are located in a region or community that has a significant veteran population; carry out programs or activities that assist veterans in the local community; and present a sustainability plan demonstrating that their veteran student center will be maintained and will continue to operate after the grant ends. Defines a "veteran student center" as a dedicated space on a campus that provides students who are veterans or members of the Armed Forces with: (1) a lounge or meeting space for such students and veterans in the community, and (2) a centralized office for veteran services that is staffed by trained employees and volunteers. Requires that office to provide such students with assistance in: transitioning from the military to student life, transitioning from the military to the civilian workforce, networking with other students, understanding and obtaining the federal and state benefits for which they may be eligible, and understanding how to succeed in the IHE. | Veteran Education Empowerment Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Price Gouging Prevention
Act''.
SEC. 2. UNCONSCIONABLE PRICING OF GASOLINE AND OTHER PETROLEUM
DISTILLATES DURING EMERGENCIES.
(a) Unconscionable Pricing.--
(1) In general.--It shall be unlawful for any person to
sell, at wholesale or at retail in an area and during a period
of an international crisis affecting the oil markets proclaimed
under paragraph (2), gasoline or any other petroleum distillate
covered by a proclamation issued under paragraph (2) at a price
that--
(A) is unconscionably excessive; and
(B) indicates the seller is taking unfair advantage
of the circumstances related to an international crisis
to increase prices unreasonably.
(2) Energy emergency proclamation.--
(A) In general.--The President may issue a
proclamation of an international crisis affecting the
oil markets and may designate any area within the
jurisdiction of the United States, where the
prohibition in paragraph (1) shall apply. The
proclamation shall state the geographic area covered,
the gasoline or other petroleum distillate covered, and
the time period that such proclamation shall be in
effect.
(B) Duration.--The proclamation--
(i) may not apply for a period of more than
30 consecutive days, but may be renewed for
such consecutive periods, each not to exceed 30
days, as the President determines appropriate;
and
(ii) may include a period of time not to
exceed 1 week preceding a reasonably
foreseeable emergency.
(3) Factors considered.--In determining whether a person
has violated paragraph (1), there shall be taken into account,
among other factors--
(A) whether the amount charged by such person for
the applicable gasoline or other petroleum distillate
at a particular location in an area covered by a
proclamation issued under paragraph (2) during the
period such proclamation is in effect--
(i) grossly exceeds the average price at
which the applicable gasoline or other
petroleum distillate was offered for sale by
that person during the 30 days prior to such
proclamation;
(ii) grossly exceeds the price at which the
same or similar gasoline or other petroleum
distillate was readily obtainable in the same
area from other competing sellers during the
same period;
(iii) reasonably reflected additional
costs, not within the control of that person,
that were paid, incurred, or reasonably
anticipated by that person, or reflected
additional risks taken by that person to
produce, distribute, obtain, or sell such
product under the circumstances; and
(iv) was substantially attributable to
local, regional, national, or international
market conditions; and
(B) whether the quantity of gasoline or other
petroleum distillate the person produced, distributed,
or sold in an area covered by a proclamation issued
under paragraph (2) during a 30-day period following
the issuance of such proclamation increased over the
quantity that that person produced, distributed, or
sold during the 30 days prior to such proclamation,
taking into account usual seasonal demand variations.
(b) Definitions.--As used in this section--
(1) the term ``wholesale'', with respect to sales of
gasoline or other petroleum distillates, means either truckload
or smaller sales of gasoline or petroleum distillates where
title transfers at a product terminal or a refinery, and dealer
tank wagon sales of gasoline or petroleum distillates priced on
a delivered basis to retail outlets; and
(2) the term ``retail'', with respect to sales of gasoline
or other petroleum distillates, includes all sales to end users
such as motorists as well as all direct sales to other end
users such as agriculture, industry, residential, and
commercial consumers.
SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
(a) Enforcement by FTC.--A violation of section 2 shall be treated
as a violation of a rule defining an unfair or deceptive act or
practice prescribed under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission
shall enforce this Act in the same manner, by the same means, and with
the same jurisdiction as though all applicable terms and provisions of
the Federal Trade Commission Act were incorporated into and made a part
of this Act. In enforcing section 2 of this Act, the Commission shall
give priority to enforcement actions concerning companies with total
United States wholesale or retail sales of gasoline and other petroleum
distillates in excess of $10,000,000,000 per year.
(b) Civil Penalties.--
(1) In general.--Notwithstanding the penalties set forth
under the Federal Trade Commission Act, any person who violates
section 2 with actual knowledge or knowledge fairly implied on
the basis of objective circumstances shall be subject to--
(A) a civil penalty of not more than 3 times the
amount of profits gained by such person through such
violation; or
(B) a civil penalty of not more than $100,000,000.
(2) Method.--The penalties provided by paragraph (1) shall
be obtained in the same manner as civil penalties obtained
under section 5 of the Federal Trade Commission Act (15 U.S.C.
45).
(3) Multiple offenses; mitigating factors.--In assessing
the penalty provided by subsection (a)--
(A) each day of a continuing violation shall be
considered a separate violation; and
(B) the court shall take into consideration, among
other factors, the seriousness of the violation and the
efforts of the person committing the violation to
remedy the harm caused by the violation in a timely
manner.
SEC. 4. CRIMINAL PENALTIES.
(a) In General.--In addition to any penalty applicable under
section 3, any person who violates section 2 shall be fined under title
18, United States Code, in an amount not to exceed $500,000,000.
(b) Enforcement.--The criminal penalty provided by subsection (a)
may be imposed only pursuant to a criminal action brought by the
Attorney General or other officer of the Department of Justice. The
Attorney General shall give priority to enforcement actions concerning
companies with total United States wholesale or retail sales of
gasoline and other petroleum distillates in excess of $10,000,000,000
per year.
SEC. 5. ENFORCEMENT AT RETAIL LEVEL BY STATE ATTORNEYS GENERAL.
(a) In General.--A State, as parens patriae, may bring a civil
action on behalf of its residents in an appropriate district court of
the United States to enforce the provisions of section 2 of this Act,
or to impose the civil penalties authorized by section 3(b)(1)(B),
whenever the attorney general of the State has reason to believe that
the interests of the residents of the State have been or are being
threatened or adversely affected by a violation of this Act or a
regulation under this Act, involving a retail sale.
(b) Notice.--The State shall serve written notice to the Federal
Trade Commission of any civil action under subsection (a) prior to
initiating such civil action. The notice shall include a copy of the
complaint to be filed to initiate such civil action, except that if it
is not feasible for the State to provide such prior notice, the State
shall provide such notice immediately upon instituting such civil
action.
(c) Authority To Intervene.--Upon receiving the notice required by
subsection (b), the Federal Trade Commission may intervene in such
civil action and upon intervening--
(1) be heard on all matters arising in such civil action;
and
(2) file petitions for appeal of a decision in such civil
action.
(d) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this section shall prevent the attorney
general of a State from exercising the powers conferred on the attorney
general by the laws of such State to conduct investigations or to
administer oaths or affirmations or to compel the attendance of
witnesses or the production of documentary and other evidence.
(e) Venue; Service of Process.--In a civil action brought under
subsection (a)--
(1) the venue shall be a judicial district in which--
(A) the defendant operates;
(B) the defendant was authorized to do business; or
(C) the defendant in the civil action is found;
(2) process may be served without regard to the territorial
limits of the district or of the State in which the civil
action is instituted; and
(3) a person who participated with the defendant in an
alleged violation that is being litigated in the civil action
may be joined in the civil action without regard to the
residence of the person.
(f) Limitation on State Action While Federal Action Is Pending.--If
the Federal Trade Commission has instituted a civil action or an
administrative action for violation of this Act, no State attorney
general, or official or agency of a State, may bring an action under
this subsection during the pendency of that action against any
defendant named in the complaint of the Federal Trade Commission or the
other agency for any violation of this Act alleged in the complaint.
(g) Enforcement of State Law.--Nothing contained in this section
shall prohibit an authorized State official from proceeding in State
court to enforce a civil or criminal statute of such State.
SEC. 6. EFFECT ON OTHER LAWS.
(a) Other Authority of Federal Trade Commission.--Nothing in this
Act shall be construed to limit or affect in any way the Federal Trade
Commission's authority to bring enforcement actions or take any other
measure under the Federal Trade Commission Act (15 U.S.C. 41 et seq.)
or any other provision of law.
(b) State Law.--Nothing in this Act preempts any State law. | Federal Price Gouging Prevention Act - Makes it unlawful for any person, during a proclaimed international crisis affecting the oil market, to sell gasoline or any other petroleum distillate at a price that: (1) is unconscionably excessive; and (2) indicates the seller is taking unfair advantage of the circumstances of the crisis to increase prices unreasonably.
Authorizes the President to issue such a proclamation citing the geographic area, gasoline or other petroleum distillate, and time period (not to exceed 30 consecutive days) covered. Permits such a proclamation to be renewed as the President determines appropriate and to include a period of up to one week preceding a reasonably foreseeable emergency.
Sets forth factors to be considered in determining if a violation of this Act has occurred. Requires the Federal Trade Commission (FTC) to enforce a violation of this Act as an unfair or deceptive act or practice and to give priority to enforcement actions concerning companies with U.S. sales over $10 billion per year. Prescribes civil and criminal penalties for violations, but limits the criminal penalty to criminal actions brought by the Department of Justice (DOJ).
Authorizes a state to bring a civil action to enforce this Act.
Declares that nothing in this Act preempts any state law. | To protect consumers from price-gouging of gasoline and other fuels, and for other purposes. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal Advisory
Committee Act Amendments of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Ensuring independent advice and expertise.
Sec. 3. Preventing efforts to circumvent the Federal Advisory Committee
Act and public disclosure.
Sec. 4. Increasing transparency of advisory committees.
Sec. 5. Comptroller General review and reports.
Sec. 6. Definitions.
Sec. 7. Effective date.
SEC. 2. ENSURING INDEPENDENT ADVICE AND EXPERTISE.
(a) Bar on Political Litmus Tests.--Section 9 of the Federal
Advisory Committee Act (5 U.S.C. App.) is amended--
(1) in the section heading by inserting ``membership;''
after ``advisory committees;'';
(2) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Appointments Made Without Regard to Political Affiliation or
Activity.--All appointments to advisory committees shall be made
without regard to political affiliation or political activity, unless
required by Federal statute.''.
(b) Conflicts of Interest Disclosure.--Section 9 of the Federal
Advisory Committee Act (5 U.S.C. App.) is further amended by inserting
after subsection (b) (as added by subsection (a)) the following:
``(c) Conflicts of Interest Disclosure.--
``(1)(A) The head of each agency shall ensure that no
individual appointed to serve on an advisory committee that
reports to the agency has a conflict of interest that is
relevant to the functions to be performed by the advisory
committee, unless the head of the agency determines that the
need for the individual's services outweighs the potential
impacts of the conflict of interest.
``(B) If the head of the agency makes such a determination
with respect to an individual, nothing in this subsection is
intended to preclude the head of the agency from requiring the
recusal of the individual from particular aspects of the
committee's work.
``(C) In the case of an individual appointed as a
representative, the fact that an individual is associated with
the entity whose views are being represented by the individual
shall not itself be considered a conflict of interest by the
agency.
``(2) The head of each agency shall require--
``(A) that each individual the agency appoints or
intends to appoint to serve on an advisory committee as
a representative inform the agency official responsible
for appointing the individual in writing of any actual
or potential conflict of interest--
``(i) that exists before appointment or
that arises while the individual is serving on
the Committee; and
``(ii) that is relevant to the functions to
be performed; and
``(B) that, for an individual appointed to serve on
an advisory committee, the conflict is publicly
disclosed as described in section 11.
``(3) Nothing in this subsection is intended to alter any
requirement or obligation for a special Government employee
under the Ethics in Government Act (5 U.S.C. App.) or other
applicable ethics law, including any requirement to file a
financial disclosure report. The head of each agency shall
require that each individual the agency appoints as a special
Government employee inform the agency in writing of any
conflict that exists before appointment or that arises while
the individual is serving on the committee to the extent any
financial disclosure required by the Ethics in Government Act
(5 U.S.C. app.) or other applicable law would not uncover the
conflict of interest as such term is defined in regulations
promulgated by the Office of Government Ethics to carry out
this subsection.
``(4) The head of each agency shall ensure that each report
of an advisory committee that reports to the agency is the
result of the advisory committee's judgment, independent from
the agency. Each advisory committee shall include in each
report of the committee a statement describing the process used
by the advisory committee in formulating the recommendations or
conclusions contained in the report.''.
(c) Regulations.--
(1) Regulations relating to conflicts of interest.--Not
later than 180 days after the date of the enactment of this
Act, the Director of the Office of Government Ethics, in
consultation with the Administrator of General Services, shall
promulgate--
(A) regulations defining the term ``conflict of
interest'';
(B) regulations identifying the method by which
individuals must disclose conflicts and the period of
time for which a representative or special Government
employee, or a candidate for appointment as a
representative or special Government employee, shall
look back in time to determine whether an interest is
considered a conflict for the purpose of the
notification requirement in subsection (c) of section 9
of the Federal Advisory Committee Act, as added by this
section; and
(C) such other regulations as the Director finds
necessary to carry out and ensure the enforcement of
such subsection (c).
(2) Regulations implementing faca.--Section 7(c) of the
Federal Advisory Committee Act (5 U.S.C. App.) is amended by
inserting after ``(c)'' the following: ``The Administrator
shall promulgate regulations as necessary to implement this
Act.''.
SEC. 3. PREVENTING EFFORTS TO CIRCUMVENT THE FEDERAL ADVISORY COMMITTEE
ACT AND PUBLIC DISCLOSURE.
(a) De Facto Members.--Section 4 of the Federal Advisory Committee
Act (5 U.S.C. App.) is amended by adding at the end the following:
``(d) Treatment of Individual as Member.--An individual who is not
a full-time or permanent part-time officer or employee of the Federal
Government shall be regarded as a member of a committee if the
individual regularly attends and participates in committee meetings as
if the individual were a member, even if the individual does not have
the right to vote or veto the advice or recommendations of the advisory
committee.''.
(b) Interagency Advisory Committees.--Section 11 of the Federal
Advisory Committee Act (5 U.S.C. App.) is amended by adding at the end
the following:
``(f) Interagency Advisory Committees.--(1) Any communication
between--
``(A) an interagency advisory committee established by the
President or the Vice President or any member or staff acting
on behalf of such an interagency advisory committee, and
``(B) any person who is not an officer or employee of the
Federal Government,
shall be made available for public inspection and copying. Any
portion of a communication that involves a matter described in
section 552(b) of title 5, United States Code, or that is
subject to a valid constitutionally based privilege against
such disclosure, may be withheld from public disclosure.
``(2) In this subsection, the term `interagency advisory committee'
means any committee, board, commission, council, conference, panel,
task force, or other similar group, or any subcommittee or other
subgroup thereof, established in the interest of obtaining advice or
recommendations for the President or the Vice President, that is
composed wholly of full-time, or permanent part-time, officers or
employees of the Federal Government and includes officers or employees
of at least two separate Federal agencies but does not include an
advisory committee as defined in section 3(2) of this Act.
``(3) This subsection is not intended to apply to cabinet meetings,
the National Security Council, the Council of Economic Advisors, or any
other permanent advisory body established by statute.''.
(c) Subcommittees.--Section 4 of the Federal Advisory Committee Act
(5 U.S.C. App.) is amended by striking subsection (a) and inserting the
following:
``(a) Application.--The provisions of this Act or of any rule,
order, or regulation promulgated under this Act shall apply to each
advisory committee, including any subcommittee or subgroup thereof,
except to the extent that any Act of Congress establishing any such
advisory committee specifically provides otherwise. Any subcommittee or
subgroup that reports to a parent committee established under section
9(a) is not required to comply with section 9(e). In this subsection,
the term `subgroup' includes any working group, task force, or other
entity formed for the purpose of assisting the committee or any
subcommittee of the committee in its work.''.
(d) Committees Created Under Contract.--Section 3(2) of the Federal
Advisory Committee Act (5 U.S.C. App.) is amended in the matter
following subparagraph (C) by adding at the end the following: ``An
advisory committee is considered to be established by an agency,
agencies, or the President, if it is formed, created, or organized
under contract, other transactional authority, cooperative agreement,
grant, or otherwise at the request or direction of, an agency,
agencies, or the President.''.
(e) Advisory Committees Containing Special Government Employees.--
Section 4 of the Federal Advisory Committee Act (5 U.S.C. App.) is
further amended by adding at the end the following new subsection:
``(e) Special Government Employees.--Committee members appointed as
special government employees shall not be considered full-time or part-
time officers or employees of the Federal Government for purposes of
determining the applicability of this Act under section 3(2).''.
SEC. 4. INCREASING TRANSPARENCY OF ADVISORY COMMITTEES.
(a) Information Requirement.--Section 11 of the Federal Advisory
Committee Act (5 U.S.C. App.) is amended--
(1) by striking the section designation and heading and
inserting the following:
``SEC. 11. DISCLOSURE OF INFORMATION.'';
(2) by redesignating subsection (a) as subsection (d) and
in that subsection--
(A) by inserting the following subsection heading:
``Availability of Paper Copies of Transcripts.--''; and
(B) by inserting after ``duplication,'' the
following: ``paper'';
(3) by striking ``(b)'' and inserting ``(e) Agency
Proceeding Defined.--''; and
(4) by inserting before subsection (d), as redesignated by
paragraph (2), the following new subsections:
``(a) In General.--With respect to each advisory committee, the
head of the agency to which the advisory committee reports shall make
publicly available in accordance with subsection (b) the following
information:
``(1) The charter of the advisory committee.
``(2) A description of the process used to establish and
appoint the members of the advisory committee, including the
following:
``(A) The process for identifying prospective
members.
``(B) The process of selecting members for balance
of viewpoints or expertise.
``(C) A justification of the need for
representative members, if any.
``(3) A list of all current members, including, for each
member, the following:
``(A) The name of any person or entity that
nominated the member.
``(B) The reason the member was appointed to the
committee.
``(C) Whether the member is designated as a special
government employee or a representative.
``(D) In the case of a representative, the
individuals or entity whose viewpoint the member
represents.
``(E) Any conflict of interest relevant to the
functions to be performed by the committee.
``(4) A list of all members designated as special
government employees for whom written certifications were made
under section 208(b) of title 18, United States Code, a summary
description of the conflict necessitating the certification,
and the reason for granting the certification.
``(5) A summary of the process used by the advisory
committee for making decisions.
``(6) Transcripts or audio or video recordings of all
meetings of the committee.
``(7) Any written determination by the President or the
head of the agency to which the advisory committee reports,
pursuant to section 10(d), to close a meeting or any portion of
a meeting and the reasons for such determination.
``(8) Notices of future meetings of the committee.
``(9) Any additional information considered relevant by the
head of the agency to which the advisory committee reports.
``(b) Manner of Disclosure.--
``(1) Except as provided in paragraph (2), the head of an
agency shall make the information required to be disclosed
under this section available electronically on the official
public internet site of the agency at least 15 calendar days
before each meeting of an advisory committee. If the head of
the agency determines that such timing is not practicable for
any required information, he shall make the information
available as soon as practicable but no later than 48 hours
before the next meeting of the committee. An agency may
withhold from disclosure any information that would be exempt
from disclosure under section 552 of title 5, United States
Code.
``(2) The head of an agency shall make available
electronically, on the official public internet site of the
agency, a transcript or audio or video recording of each
advisory committee meeting not later than 30 calendar days
after the meeting.
``(c) Provision of Information by Administrator of General
Services.--The Administrator of General Services shall provide, on the
official public internet site of the General Services Administration,
electronic access to the information made available by each agency
under this section.''.
(b) Charter Filing.--Section 9(e) of the Federal Advisory Committee
Act (5 U.S.C. App.), as redesignated by section 2, is amended--
(1) by striking ``with (1) the Administrator,'' and all
that follows through ``, or'' and inserting ``(1) with the
Administrator and'';
(2) by striking ``and'' at the end of subparagraph (I);
(3) by striking the period and inserting a semicolon at the
end of subparagraph (J); and
(4) by adding at the end the following new subparagraphs:
``(K) the authority under which the committee is
established;
``(L) the estimated number of members and a description of
the expertise needed to carry out the objectives of the
committee;
``(M) a description of whether the committee will be
composed of special government employees, representatives, or
members from both categories; and
``(N) whether the committee has the authority to create
subcommittees and if so, the agency official authorized to
exercise such authority.''.
SEC. 5. COMPTROLLER GENERAL REVIEW AND REPORTS.
(a) Review.--The Comptroller General of the United States shall
review compliance by agencies with the Federal Advisory Committee Act,
as amended by this Act, including whether agencies are appropriately
appointing advisory committee members as either special government
employees or representatives.
(b) Report.--The Comptroller General shall submit to the committees
described in subsection (c) two reports on the results of the review,
as follows:
(1) The first report shall be submitted not later than one
year after the date of promulgation of regulations under
section 2.
(2) The second report shall be submitted not later than
five years after such date of promulgation of regulations.
(c) Committees.--The committees described in this subsection are
the Committee on Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate.
SEC. 6. DEFINITIONS.
Section 3 of the Federal Advisory Committee Act (5 U.S.C. App.) is
amended by adding at the end the following new paragraphs:
``(5) The term `representative' means an individual who is
not a full-time or part-time employee of the Federal Government
and who is appointed to an advisory committee to represent the
views of an entity or entities outside the Federal Government.
``(6) The term `special Government employee' has the same
meaning as in section 202(a) of title 18, United States
Code.''.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect 30 days after the date of the enactment
of this Act, except as otherwise provided in section 2(c)(1).
Passed the House of Representatives June 24, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Federal Advisory Committee Act Amendments of 2008 - (Sec. 2) Amends the Federal Advisory Committee Act to require appointments to advisory committees to be made without regard to political affiliation or activity, unless otherwise required by federal statute. Directs each agency head to: (1) ensure that no individual who has a conflict of interest is appointed unless the need for the individual's services outweighs the potential impacts of the conflict; (2) require that each individual to be appointed inform the agency of any actual or potential conflict that exists before the appointment or that arises while the individual is serving; and (3) ensure that advisory committee reports are the result of the committee's judgment, independent from the agency.
Declares that: (1) this Act is not intended to preclude agency heads from requiring the recusal of individuals with conflicts from particular aspects of the committee's work; and (2) an individual representative's association with the entity whose views are being represented shall not itself be considered to be a conflict of interest.
Requires: (1) the public disclosure of any conflict of interest; (2) the Director of the Office of Government Ethics to promulgate regulations defining "conflict of interest" and identifying the method for disclosure and the period back in time an interest is considered a conflict; and (3) the Administrator of General Services to promulgate regulations to implement the Federal Advisory Committee Act.
(Sec. 3) Regards an individual who is not a full-time or permanent part-time officer or employee of the federal government as a member of a committee if the individual regularly attends and participates in committee meetings as if the individual were a member, even if the individual does not have the right to vote or veto the committee's advice or recommendations.
(Sec. 4) Requires public disclosure of: (1) any communication between an interagency advisory committee established by the President or the Vice President and a person who is not a federal officer or employee; (2) charters of advisory committees; (3) the process used to establish and appoint committee members; (4) specified information about current members; (5) each committee's decision-making process; (6) transcripts or recordings of committee meetings; (7) determinations to close meetings; and (8) notices of future committee meetings. Requires agency heads to make such information available electronically 15 days before each meeting (or 30 days after for meeting transcripts or recordings). Authorizes an agency to withhold from disclosure any information that would be exempt from disclosure under the Freedom of Information Act. Requires the Administrator of General Services to provide electronic access to such information on the General Services Administration's (GSA's) Internet site.
Requires committee charters to include: (1) the authority under which the committee is established; (2) the estimated number of members and a description of the expertise needed to carry out the committee's objectives; (3) a description of whether the committee will be composed of special government employees, representatives, or members from both categories; and (4) whether the committee has the authority to create subcommittees and, if so, the agency official authorized to exercise such authority.
(Sec. 5) Requires the Comptroller General to review and report on agency compliance with the Federal Advisory Committee Act, including whether agencies are appropriately appointing advisory committee members as either special government employees or representatives. | To amend the Federal Advisory Committee Act to increase the transparency and accountability of Federal advisory committees, and for other purposes. |
SECTION 1. SHORT TITLE; AMENDMENTS TO SOCIAL SECURITY ACT; TABLE OF
CONTENTS.
(a) Short Title.--This Act may be cited as the ``Family Opportunity
Act of 2004'' or the ``Dylan Lee James Act''.
(b) Amendments to Social Security Act.--Except as otherwise
specifically provided, whenever in this Act an amendment is expressed
in terms of an amendment to or repeal of a section or other provision,
the reference shall be considered to be made to that section or other
provision of the Social Security Act.
(c) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; amendments to Social Security Act; table of
contents.
Sec. 2. Opportunity for families of disabled children to purchase
medicaid coverage for such children.
Sec. 3. Treatment of inpatient psychiatric hospital services for
individuals under age 21 in home or
community-based services waivers.
Sec. 4. Development and support of family-to-family health information
centers.
Sec. 5. Restoration of medicaid eligibility for certain SSI
beneficiaries.
SEC. 2. OPPORTUNITY FOR FAMILIES OF DISABLED CHILDREN TO PURCHASE
MEDICAID COVERAGE FOR SUCH CHILDREN.
(a) State Option To Allow Families of Disabled Children To Purchase
Medicaid Coverage for Such Children.--
(1) In general.--Section 1902 (42 U.S.C. 1396a) is
amended--
(A) in subsection (a)(10)(A)(ii)--
(i) by striking ``or'' at the end of
subclause (XVII);
(ii) by adding ``or'' at the end of
subclause (XVIII); and
(iii) by adding at the end the following
new subclause:
``(XIX) who are disabled children
described in subsection (cc)(1);''; and
(B) by adding at the end the following new
subsection:
``(cc)(1) Individuals described in this paragraph are individuals--
``(A) who have not attained 18 years of age;
``(B) who would be considered disabled under section
1614(a)(3)(C) but for having earnings or deemed income or
resources (as determined under title XVI for children) that
exceed the requirements for receipt of supplemental security
income benefits; and
``(C) whose family income does not exceed such income level
as the State establishes and does not exceed--
``(i) 250 percent of the poverty line (as defined
in section 2110(c)(5)) applicable to a family of the
size involved; or
``(ii) such higher percent of such poverty line as
a State may establish, except that--
``(I) any medical assistance provided to an
individual whose family income exceeds 250
percent of such poverty line may only be
provided with State funds; and
``(II) no Federal financial participation
shall be provided under section 1903(a) for any
medical assistance provided to such an
individual.''.
(2) Interaction with employer-sponsored family coverage.--
Section 1902(cc) (42 U.S.C. 1396a(cc)), as added by paragraph
(1)(B), is amended by adding at the end the following new
paragraph:
``(2)(A) If an employer of a parent of an individual described in
paragraph (1) offers family coverage under a group health plan (as
defined in section 2791(a) of the Public Health Service Act), the State
shall--
``(i) require such parent to apply for, enroll in, and pay
premiums for, such coverage as a condition of such parent's
child being or remaining eligible for medical assistance under
subsection (a)(10)(A)(ii)(XIX) if the parent is determined
eligible for such coverage and the employer contributes at
least 50 percent of the total cost of annual premiums for such
coverage; and
``(ii) if such coverage is obtained--
``(I) subject to paragraph (2) of section 1916(h),
reduce the premium imposed by the State under that
section in an amount that reasonably reflects the
premium contribution made by the parent for private
coverage on behalf of a child with a disability; and
``(II) treat such coverage as a third party
liability under subsection (a)(25).
``(B) In the case of a parent to which subparagraph (A) applies, a
State, subject to paragraph (1)(C)(ii), may provide for payment of any
portion of the annual premium for such family coverage that the parent
is required to pay. Any payments made by the State under this
subparagraph shall be considered, for purposes of section 1903(a), to
be payments for medical assistance.''.
(b) State Option To Impose Income-Related Premiums.--Section 1916
(42 U.S.C. 1396o) is amended--
(1) in subsection (a), by striking ``subsection (g)'' and
inserting ``subsections (g) and (h)''; and
(2) by adding at the end the following new subsection:
``(h)(1) With respect to disabled children provided medical
assistance under section 1902(a)(10)(A)(ii)(XIX), subject to paragraph
(2), a State may (in a uniform manner for such children) require the
families of such children to pay monthly premiums set on a sliding
scale based on family income.
``(2) A premium requirement imposed under paragraph (1) may only
apply to the extent that--
``(A) in the case of a disabled child described in that
paragraph whose family income does not exceed 250 percent of
the poverty line, the aggregate amount of such premium and any
premium that the parent is required to pay for family coverage
under section 1902(cc)(2)(A)(i) does not exceed 7.5 percent of
the family's income; and
``(B) the requirement is imposed consistent with section
1902(cc)(2)(A)(ii)(I).
``(3) A State shall not require prepayment of a premium imposed
pursuant to paragraph (1) and shall not terminate eligibility of a
child under section 1902(a)(10)(A)(ii)(XIX) for medical assistance
under this title on the basis of failure to pay any such premium until
such failure continues for a period of not less than 60 days from the
date on which the premium became past due. The State may waive payment
of any such premium in any case where the State determines that
requiring such payment would create an undue hardship.''.
(c) Conforming Amendment.--Section 1903(f)(4) (42 U.S.C.
1396b(f)(4)) is amended in the matter preceding subparagraph (A), by
inserting ``1902(a)(10)(A)(ii)(XIX),'' after
``1902(a)(10)(A)(ii)(XVIII),''.
(d) Rule of Construction.--Notwithstanding any other provision of
law, nothing in the amendments made by this section shall be construed
as permitting the application of the enhanced FMAP (as defined in
section 2105(b) of the Social Security Act (42 U.S.C. 1397ee(b)) to
expenditures that are attributable to disabled children provided
medical assistance under section 1902(a)(10)(A)(ii)(XIX) of such Act
(42 U.S.C. 1396a(a)(10)(A)(ii)(XIX)) (as added by subsection (a) of
this section).
(e) Effective Date.--The amendments made by this section shall
apply to medical assistance for items and services furnished on or
after October 1, 2006.
SEC. 3. TREATMENT OF INPATIENT PSYCHIATRIC HOSPITAL SERVICES FOR
INDIVIDUALS UNDER AGE 21 IN HOME OR COMMUNITY-BASED
SERVICES WAIVERS.
(a) In General.--Section 1915(c) (42 U.S.C. 1396n(c)) is amended--
(1) in paragraph (1)--
(A) in the first sentence, by inserting ``, or
would require inpatient psychiatric hospital services
for individuals under age 21,'' after ``intermediate
care facility for the mentally retarded''; and
(B) in the second sentence, by inserting ``, or
would require inpatient psychiatric hospital services
for individuals under age 21'' before the period;
(2) in paragraph (2)(B), by striking ``or services in an
intermediate care facility for the mentally retarded'' each
place it appears and inserting ``services in an intermediate
care facility for the mentally retarded, or inpatient
psychiatric hospital services for individuals under age 21'';
(3) in paragraph (2)(C)--
(A) by inserting ``, or who are determined to be
likely to require inpatient psychiatric hospital
services for individuals under age 21,'' after ``, or
intermediate care facility for the mentally retarded'';
and
(B) by striking ``or services in an intermediate
care facility for the mentally retarded'' and inserting
``services in an intermediate care facility for the
mentally retarded, or inpatient psychiatric hospital
services for individuals under age 21''; and
(4) in paragraph (7)(A)--
(A) by inserting ``or would require inpatient
psychiatric hospital services for individuals under age
21,'' after ``intermediate care facility for the
mentally retarded,''; and
(B) by inserting ``or who would require inpatient
psychiatric hospital services for individuals under age
21'' before the period.
(b) Effective Date.--The amendments made by subsection (a) apply
with respect to medical assistance provided on or after October 1,
2006.
SEC. 4. DEVELOPMENT AND SUPPORT OF FAMILY-TO-FAMILY HEALTH INFORMATION
CENTERS.
Section 501 (42 U.S.C. 701) is amended by adding at the end the
following new subsection:
``(c)(1)(A) For the purpose of enabling the Secretary (through
grants, contracts, or otherwise) to provide for special projects of
regional and national significance for the development and support of
family-to-family health information centers described in paragraph
(2)--
``(i) there is appropriated to the Secretary, out of any
money in the Treasury not otherwise appropriated--
``(I) $3,000,000 for fiscal year 2006;
``(II) $4,000,000 for fiscal year 2007; and
``(III) $5,000,000 for fiscal year 2008; and
``(ii) there is authorized to be appropriated to the
Secretary, $5,000,000 for each of fiscal years 2009 and 2010.
``(B) Funds appropriated or authorized to be appropriated under
subparagraph (A) shall--
``(i) be in addition to amounts appropriated under
subsection (a) and retained under section 502(a)(1) for the
purpose of carrying out activities described in subsection
(a)(2); and
``(ii) remain available until expended.
``(2) The family-to-family health information centers described in
this paragraph are centers that--
``(A) assist families of children with disabilities or
special health care needs to make informed choices about health
care in order to promote good treatment decisions, cost-
effectiveness, and improved health outcomes for such children;
``(B) provide information regarding the health care needs
of, and resources available for, children with disabilities or
special health care needs;
``(C) identify successful health delivery models for such
children;
``(D) develop with representatives of health care
providers, managed care organizations, health care purchasers,
and appropriate State agencies a model for collaboration
between families of such children and health professionals;
``(E) provide training and guidance regarding caring for
such children;
``(F) conduct outreach activities to the families of such
children, health professionals, schools, and other appropriate
entities and individuals; and
``(G) are staffed by families of children with disabilities
or special health care needs who have expertise in Federal and
State public and private health care systems and health
professionals.
``(3) The Secretary shall develop family-to-family health
information centers described in paragraph (2) in accordance with the
following:
``(A) With respect to fiscal year 2006, such centers shall
be developed in not less than 25 States.
``(B) With respect to fiscal year 2007, such centers shall
be developed in not less than 40 States.
``(C) With respect to fiscal year 2008, such centers shall
be developed in all States.
``(4) The provisions of this title that are applicable to the funds
made available to the Secretary under section 502(a)(1) apply in the
same manner to funds made available to the Secretary under paragraph
(1)(A).
``(5) For purposes of this subsection, the term `State' means each
of the 50 States and the District of Columbia.''.
SEC. 5. RESTORATION OF MEDICAID ELIGIBILITY FOR CERTAIN SSI
BENEFICIARIES.
(a) In General.--Section 1902(a)(10)(A)(i)(II) (42 U.S.C.
1396a(a)(10)(A)(i)(II)) is amended--
(1) by inserting ``(aa)'' after ``(II)'';
(2) by striking ``) and'' and inserting ``and'';
(3) by striking ``section or who are'' and inserting
``section), (bb) who are''; and
(4) by inserting before the comma at the end the following:
``, or (cc) who are under 21 years of age and with respect to
whom supplemental security income benefits would be paid under
title XVI if subparagraphs (A) and (B) of section 1611(c)(7)
were applied without regard to the phrase `the first day of the
month following'''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to medical assistance for items and services furnished on or
after January 1, 2006.
Passed the Senate May 6, 2004.
Attest:
EMILY J. REYNOLDS,
Secretary. | Family Opportunity Act of 2004 or Dylan Lee James Act - Amends title XIX (Medicaid) of the Social Security Act (SSA) to: (1) give States the option of allowing families of disabled children to purchase Medicaid coverage for them; and (2) add to the list of persons eligible for Medicaid home and community-based service waiver programs individuals under 21 years of age requiring inpatient psychiatric hospital services.
Amends SSA title V (Maternal and Child Health Services) to: (1) make appropriations to the Secretary of Health and Human Services for FY 2005 through 2007; and (2) authorize appropriations to the Secretary for FY 2008 and 2009 for special projects of regional and national significance for development and support of family-to-family health information centers.
Amends SSA title XIX to confer Medicaid eligibility to persons who are under age 21 and who are eligible for SSI, effective on the later of: (1) the date the application was filed; or (2) the date the individual became eligible for SSI. | A bill to amend title XIX of the Social Security Act to provide families of disabled children with the opportunity to purchase coverage under the medicaid program for such children, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patient Navigator Outreach and
Chronic Disease Prevention Act of 2004''.
SEC. 2. PATIENT NAVIGATOR GRANTS.
Subpart V of part D of title III of the Public Health Service Act
(42 U.S.C. 256) is amended by adding at the end the following:
``SEC. 340A. PATIENT NAVIGATOR GRANTS.
``(a) Grants.--The Secretary, acting through the Administrator of
the Health Resources and Services Administration, may make grants to
eligible entities for the development and operation of demonstration
programs to provide patient navigator services to improve health care
outcomes. The Secretary shall coordinate with, and ensure the
participation of, the Indian Health Service, the National Cancer
Institute, the Office of Rural Health Policy, and such other offices
and agencies as deemed appropriate by the Secretary, regarding the
design and evaluation of the demonstration programs.
``(b) Use of Funds.--A condition on the receipt of a grant under
this section is that the grantee agree to use the grant to recruit,
assign, train, and employ patient navigators who have direct knowledge
of the communities they serve to facilitate the care of individuals,
including by performing each of the following duties:
``(1) Acting as contacts, including by assisting in the
coordination of health care services and provider referrals,
for individuals who are seeking prevention or early detection
services for, or who following a screening or early detection
service are found to have a symptom, abnormal finding, or
diagnosis of, cancer or other chronic disease.
``(2) Facilitating the involvement of community
organizations providing assistance to individuals who are at
risk for or who have cancer or other chronic diseases to
receive better access to high-quality health care services
(such as by creating partnerships with patient advocacy groups,
charities, health care centers, community hospice centers,
other health care providers, or other organizations in the
targeted community).
``(3) Notifying individuals of clinical trials and
facilitating enrollment in these trials if requested and
eligible.
``(4) Anticipating, identifying, and helping patients to
overcome barriers within the health care system to ensure
prompt diagnostic and treatment resolution of an abnormal
finding of cancer or other chronic disease.
``(5) Coordinating with the relevant health insurance
ombudsman programs to provide information to individuals who
are at risk for or who have cancer or other chronic diseases
about health coverage, including private insurance, health care
savings accounts, and other publicly funded programs (such as
Medicare, Medicaid, and the State children's health insurance
program).
``(6) Conducting ongoing outreach to health disparity
populations, including the uninsured, rural populations, and
other medically underserved populations, in addition to
assisting other individuals who are at risk for or who have
cancer or other chronic diseases to seek preventative care.
``(c) Grant Period.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Secretary may award grants under this section for periods of
not more than 3 years.
``(2) Extensions.--Subject to paragraph (3), the Secretary
may extend the period of a grant under this section, except
that--
``(A) each such extension shall be for a period of
not more than 1 year; and
``(B) the Secretary may make not more than 4 such
extensions with respect to any grant.
``(3) End of grant period.--In carrying out this section,
the Secretary may not authorize any grant period ending after
September 30, 2010.
``(d) Application.--
``(1) In general.--To seek a grant under this section, an
eligible entity shall submit an application to the Secretary in
such form, in such manner, and containing such information as
the Secretary may require.
``(2) Contents.--At a minimum, the Secretary shall require
each such application to outline how the eligible entity will
establish baseline measures and benchmarks that meet the
Secretary's requirements to evaluate program outcomes.
``(e) Uniform Baseline Measures.--The Secretary shall establish
uniform baseline measures in order to properly evaluate the impact of
the demonstration projects under this section.
``(f) Preference.--In making grants under this section, the
Secretary shall give preference to eligible entities that demonstrate
in their applications plans to utilize patient navigator services to
overcome significant barriers in order to improve health care outcomes
in their respective communities.
``(g) Coordination With Other Programs.--The Secretary shall ensure
coordination of the demonstration grant program under this section with
existing authorized programs in order to facilitate access to high-
quality health care services.
``(h) Study; Reports.--
``(1) Final report by secretary.--Not later than 6 months
after the completion of the demonstration grant program under
this section, the Secretary shall conduct a study of the
results of the program and submit to the Congress a report on
such results that includes the following:
``(A) An evaluation of the program outcomes,
including--
``(i) quantitative analysis of baseline and
benchmark measures; and
``(ii) aggregate information about the
patients served and program activities.
``(B) Recommendations on whether patient navigator
programs could be used to improve patient outcomes in
other public health areas.
``(2) Interim reports by secretary.--The Secretary may
provide interim reports to the Congress on the demonstration
grant program under this section at such intervals as the
Secretary determines to be appropriate.
``(3) Interim reports by grantees.--The Secretary may
require grant recipients under this section to submit interim
reports on grant program outcomes.
``(i) Rule of Construction.--This section shall not be construed to
authorize funding for the delivery of health care services (other than
the patient navigator duties listed in subsection (b)).
``(j) Definitions.--In this section:
``(1) The term `eligible entity' means a public or
nonprofit private health center (including a Federally
qualified health center (as that term is defined in section
1861(aa)(4) of the Social Security Act)), a health facility
operated by or pursuant to a contract with the Indian Health
Service, a hospital, a cancer center, a rural health clinic, an
academic health center, or a nonprofit entity that enters into
a partnership or coordinates referrals with such a center,
clinic, facility, or hospital to provide patient navigator
services.
``(2) The term `health disparity population' means a
population that, as determined by the Secretary, has a
significant disparity in the overall rate of disease incidence,
prevalence, morbidity, mortality, or survival rates as compared
to the health status of the general population.
``(3) The term `patient navigator' means an individual who
has completed a training program approved by the Secretary to
perform the duties listed in subsection (b).
``(k) Authorization of Appropriations.--
``(1) In general.--To carry out this section, there are
authorized to be appropriated $2,000,000 for fiscal year 2006,
$5,000,000 for fiscal year 2007, $8,000,000 for fiscal year
2008, $6,500,000 for fiscal year 2009, and $3,500,000 for
fiscal year 2010.
``(2) Availability.--The amounts appropriated pursuant to
paragraph (1) shall remain available for obligation through the
end of fiscal year 2010.''.
Passed the House of Representatives October 5, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Patient Navigator Outreach and Chronic Disease Prevention Act of 2004 - Authorizes the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA), to make grants to eligible entities for the development and operation of demonstration programs to provide patient navigator services to improve health care outcomes. Requires the Secretary to coordinate with, and ensure the participation of, the Indian Health Service, the National Cancer Institute, and the Office of Rural Health Policy.
Requires that each grantee agree to recruit, assign, train and employ patient navigators who have direct knowledge of the communities they serve to facilitate the care of individuals.
Requires the Secretary to: (1) direct that each application for a grant outline how the eligible entity will establish baseline measures and benchmarks that meet the Secretary's requirements to evaluate program outcomes; (2) establish uniform baseline measures in order to properly evaluate the impact of the demonstration projects; (3) give preference to those entities that demonstrate plans to utilize patient navigator services to overcome significant barriers to improve health care outcomes within their respective communities; and (4) ensure coordination of the grant programs under this Act with existing authorized programs to facilitate access to high-quality health care services.
Sets forth reporting requirements.
Authorizes appropriations. | To amend the Public Health Service Act to authorize a demonstration grant program to provide patient navigator services to reduce barriers and improve health care outcomes, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Energy Act''.
SEC. 2. APPRAISALS.
(a) Amendment.--Title XXVI of the Energy Policy Act of 1992 (25
U.S.C. 3501 et seq.) is amended by adding at the end the following:
``SEC. 2607. APPRAISAL REFORMS.
``(a) Options to Indian Tribes.--With respect to a transaction
involving Indian land or the trust assets of an Indian tribe that
requires the approval of the Secretary, any appraisal relating to fair
market value required to be conducted under applicable law, regulation,
or policy may be completed by--
``(1) the Secretary;
``(2) the affected Indian tribe; or
``(3) a certified, third-party appraiser pursuant to a
contract with the Indian tribe.
``(b) Time Limit on Secretarial Review and Action.--Not later than
30 days after the date on which the Secretary receives an appraisal
conducted by or for an Indian tribe pursuant to paragraphs (2) or (3)
of subsection (a), the Secretary shall--
``(1) review the appraisal; and
``(2) provide to the Indian tribe a written notice of
approval or disapproval of the appraisal.
``(c) Failure of Secretary To Approve or Disapprove.--If, after 60
days, the Secretary has failed to approve or disapprove any appraisal
received, the appraisal shall be deemed approved.
``(d) Option to Indian Tribes To Waive Appraisal.--
``(1) An Indian tribe wishing to waive the requirements of
subsection (a), may do so after it has satisfied the
requirements of paragraphs (2) and (3).
``(2) An Indian tribe wishing to forego the necessity of a
waiver pursuant to this section must provide to the Secretary a
written resolution, statement, or other unambiguous indication
of tribal intent, duly approved by the governing body of the
Indian tribe.
``(3) The unambiguous indication of intent provided by the
Indian tribe to the Secretary under paragraph (2) must include
an express waiver by the Indian tribe of any claims for damages
it might have against the United States as a result of the lack
of an appraisal undertaken.
``(e) Definition.--For purposes of this subsection, the term
`appraisal' includes appraisals and other estimates of value.
``(f) Regulations.--The Secretary shall develop regulations for
implementing this section, including standards the Secretary shall use
for approving or disapproving an appraisal.''.
(b) Conforming Amendment.--The table of contents of the Energy
Policy Act of 1992 (42 U.S.C. 13201 note) is amended by adding at the
end of the items relating to title XXVI the following:
``Sec. 2607. Appraisal reforms.''.
SEC. 3. STANDARDIZATION.
As soon as practicable after the date of the enactment of this Act,
the Secretary of the Interior shall implement procedures to ensure that
each agency within the Department of the Interior that is involved in
the review, approval, and oversight of oil and gas activities on Indian
lands shall use a uniform system of reference numbers and tracking
systems for oil and gas wells.
SEC. 4. ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL ACTIONS ON INDIAN LANDS.
Section 102 of the National Environmental Policy Act of 1969 (42
U.S.C. 4332) is amended by inserting ``(a) In General.--'' before the
first sentence, and by adding at the end the following:
``(b) Review of Major Federal Actions on Indian Lands.--
``(1) Review and comment.--
``(A) In general.--Except as provided in
subparagraph (B), the statement required under
subsection (a)(2)(C) for a major Federal action
regarding an activity on Indian lands of an Indian
tribe shall only be available for review and comment
by--
``(i) Indian tribes in the affected area
and individual members of those tribes wherever
they reside;
``(ii) Other individuals who reside in the
affected area; and
``(iii) State and local governments within
the affected area.
``(B) Exception.--Subparagraph (A) shall not apply
to a statement for a major Federal action regarding an
activity on Indian lands of an Indian tribe related to
gaming under the Indian Gaming Regulatory Act.
``(2) Regulations.--The Chairman of the Council on
Environmental Quality shall develop regulations to implement
this section, including descriptions of affected areas for
specific major Federal actions, in consultation with Indian
tribes.
``(3) Definitions.--In this subsection, each of the terms
`Indian land' and `Indian tribe' has the meaning given that
term in section 2601 of the Energy Policy Act of 1992 (25
U.S.C. 3501).
``(4) Clarification of authority.--Nothing in the Native
American Energy Act, except section 6 of that Act, shall give
the Secretary any additional authority over energy projects on
Alaska Native Claims Settlement Act lands.''.
SEC. 5. JUDICIAL REVIEW.
(a) Time for Filing Complaint.--Any energy related action must be
filed not later than the end of the 60-day period beginning on the date
of the final agency action. Any energy related action not filed within
this time period shall be barred.
(b) District Court Venue and Deadline.--All energy related
actions--
(1) shall be brought in the United States District Court
for the District of Columbia; and
(2) shall be resolved as expeditiously as possible, and in
any event not more than 180 days after such cause of action is
filed.
(c) Appellate Review.--An interlocutory order or final judgment,
decree or order of the district court in an energy related action may
be reviewed by the United States Court of Appeals for the District of
Columbia Circuit. The District of Columbia Circuit Court of Appeals
shall resolve such appeal as expeditiously as possible, and in any
event not more than 180 days after such interlocutory order or final
judgment, decree or order of the district court was issued.
(d) Limitation on Certain Payments.--Notwithstanding section 1304
of title 31, United States Code, no award may be made under section 504
of title 5, United States Code, or under section 2412 of title 28,
United States Code, and no amounts may be obligated or expended from
the Claims and Judgment Fund of the United States Treasury to pay any
fees or other expenses under such sections, to any person or party in
an energy related action.
(e) Legal Fees.--In any energy related action in which the
plaintiff does not ultimately prevail, the court shall award to the
defendant (including any intervenor-defendants), other than the United
States, fees and other expenses incurred by that party in connection
with the energy related action, unless the court finds that the
position of the plaintiff was substantially justified or that special
circumstances make an award unjust. Whether or not the position of the
plaintiff was substantially justified shall be determined on the basis
of the administrative record, as a whole, which is made in the energy
related action for which fees and other expenses are sought.
(f) Definitions.--For the purposes of this section, the following
definitions apply:
(1) Agency action.--The term ``agency action'' has the same
meaning given such term in section 551 of title 5, United
States Code.
(2) Indian land.--The term ``Indian Land'' has the same
meaning given such term in section 203(c)(3) of the Energy
Policy Act of 2005 (Public Law 109-58; 25 U.S.C. 3501),
including lands owned by Native Corporations under the Alaska
Native Claims Settlement Act (Public Law 92-203; 43 U.S.C.
1601).
(3) Energy related action.--The term ``energy related
action'' means a cause of action that--
(A) is filed on or after the effective date of this
Act; and
(B) seeks judicial review of a final agency action
to issue a permit, license, or other form of agency
permission allowing:
(i) any person or entity to conduct
activities on Indian Land, which activities
involve the exploration, development,
production or transportation of oil, gas, coal,
shale gas, oil shale, geothermal resources,
wind or solar resources, underground coal
gasification, biomass, or the generation of
electricity; or
(ii) any Indian Tribe, or any organization
of two or more entities, at least one of which
is an Indian tribe, to conduct activities
involving the exploration, development,
production or transportation of oil, gas, coal,
shale gas, oil shale, geothermal resources,
wind or solar resources, underground coal
gasification, biomass, or the generation of
electricity, regardless of where such
activities are undertaken.
(4) Ultimately prevail.--The phrase ``ultimately prevail''
means, in a final enforceable judgment, the court rules in the
party's favor on at least one cause of action which is an
underlying rationale for the preliminary injunction,
administrative stay, or other relief requested by the party,
and does not include circumstances where the final agency
action is modified or amended by the issuing agency unless such
modification or amendment is required pursuant to a final
enforceable judgment of the court or a court-ordered consent
decree.
SEC. 6. TRIBAL BIOMASS DEMONSTRATION PROJECT.
The Tribal Forest Protection Act of 2004 is amended by inserting
after section 2 (25 U.S.C. 3115a) the following:
``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT.
``(a) In General.--For each of fiscal years 2016 through 2020, the
Secretary shall enter into stewardship contracts or other agreements,
other than agreements that are exclusively direct service contracts,
with Indian tribes to carry out demonstration projects to promote
biomass energy production (including biofuel, heat, and electricity
generation) on Indian forest land and in nearby communities by
providing reliable supplies of woody biomass from Federal land.
``(b) Definitions.--The definitions in section 2 shall apply to
this section.
``(c) Demonstration Projects.--In each fiscal year for which
projects are authorized, the Secretary shall enter into contracts or
other agreements described in subsection (a) to carry out at least 4
new demonstration projects that meet the eligibility criteria described
in subsection (d).
``(d) Eligibility Criteria.--To be eligible to enter into a
contract or other agreement under this subsection, an Indian tribe
shall submit to the Secretary an application--
``(1) containing such information as the Secretary may
require; and
``(2) that includes a description of--
``(A) the Indian forest land or rangeland under the
jurisdiction of the Indian tribe; and
``(B) the demonstration project proposed to be
carried out by the Indian tribe.
``(e) Selection.--In evaluating the applications submitted under
subsection (c), the Secretary--
``(1) shall take into consideration the factors set forth
in paragraphs (1) and (2) of section 2(e) of Public Law 108-
278; and whether a proposed demonstration project would--
``(A) increase the availability or reliability of
local or regional energy;
``(B) enhance the economic development of the
Indian tribe;
``(C) improve the connection of electric power
transmission facilities serving the Indian tribe with
other electric transmission facilities;
``(D) improve the forest health or watersheds of
Federal land or Indian forest land or rangeland; or
``(E) otherwise promote the use of woody biomass;
and
``(2) shall exclude from consideration any merchantable
logs that have been identified by the Secretary for commercial
sale.
``(f) Implementation.--The Secretary shall--
``(1) ensure that the criteria described in subsection (c)
are publicly available by not later than 120 days after the
date of enactment of this section; and
``(2) to the maximum extent practicable, consult with
Indian tribes and appropriate intertribal organizations likely
to be affected in developing the application and otherwise
carrying out this section.
``(g) Report.--Not later than one year subsequent to the date of
enactment of this section, the Secretary shall submit to Congress a
report that describes, with respect to the reporting period--
``(1) each individual tribal application received under
this section; and
``(2) each contract and agreement entered into pursuant to
this section.
``(h) Incorporation of Management Plans.--In carrying out a
contract or agreement under this section, on receipt of a request from
an Indian tribe, the Secretary shall incorporate into the contract or
agreement, to the extent practicable, management plans (including
forest management and integrated resource management plans) in effect
on the Indian forest land or rangeland of the respective Indian tribe.
``(i) Term.--A stewardship contract or other agreement entered into
under this section--
``(1) shall be for a term of not more than 20 years; and
``(2) may be renewed in accordance with this section for
not more than an additional 10 years.
``SEC. 4. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT.
``The Secretary of the Interior and the Secretary of Agriculture
may carry out demonstration projects by which federally recognized
Indian tribes or tribal organizations may contract to perform
administrative, management, and other functions of programs of the
Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.) through
contracts entered into under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.).''.
SEC. 7. TRIBAL RESOURCE MANAGEMENT PLANS.
Unless otherwise explicitly exempted by Federal law enacted after
the date of the enactment of this Act, any activity conducted or
resources harvested or produced pursuant to a tribal resource
management plan or an integrated resource management plan approved by
the Secretary of the Interior under the National Indian Forest
Resources Management Act (25 U.S.C. 3101 et seq.) or the American
Indian Agricultural Resource Management Act (25 U.S.C. 3701 et seq.)
shall be considered a sustainable management practice for purposes of
any Federal standard, benefit, or requirement that requires a
demonstration of such sustainability.
SEC. 8. LEASES OF RESTRICTED LANDS FOR THE NAVAJO NATION.
Subsection (e)(1) of the first section of the Act of August 9, 1955
(25 U.S.C. 415(e)(1); commonly referred to as the ``Long-Term Leasing
Act''), is amended--
(1) by striking ``, except a lease for'' and inserting ``,
including leases for'';
(2) in subparagraph (A), by striking ``25'' the first place
it appears and all that follows and inserting ``99 years;'';
(3) in subparagraph (B), by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(C) in the case of a lease for the exploration,
development, or extraction of mineral resources, including
geothermal resources, 25 years, except that any such lease may
include an option to renew for one additional term not to
exceed 25 years.''.
SEC. 9. NONAPPLICABILITY OF CERTAIN RULES.
No rule promulgated by the Department of the Interior regarding
hydraulic fracturing used in the development or production of oil or
gas resources shall have any effect on any land held in trust or
restricted status for the benefit of Indians except with the express
consent of the beneficiary on whose behalf such land is held in trust
or restricted status. | Native American Energy Act (Sec. 2) This bill amends the Energy Policy Act of 1992 to allow the Department of the Interior, an affected Indian tribe, or a certified third-party appraiser under contract with the Indian tribe to appraise Indian land or trust assets involved in a transaction requiring Interior approval. (Currently, Interior sets appraisal requirements.) Interior must approve or disapprove an appraisal within 60 days or the appraisal is deemed approved. A tribe may waive the requirement for an appraisal if it also waives any claims for damages it might have against the United States as a result of the lack of an appraisal. (Sec. 3) Each agency within Interior involved in the review of oil and gas activities on Indian lands must use a uniform system of reference numbers and tracking systems for oil and gas wells. (Sec. 4) This bill amends the National Environmental Policy Act of 1969 to make the environmental impact statement for major federal action on Indian lands available for review and comment only to the affected tribe, individuals residing within the affected area, and state and local governments within such area. (Sec. 5) This bill sets forth provisions for the judicial review of a cause of action related to energy development on Indian land. (Sec. 6) This bill amends the Tribal Forest Protection Act of 2004 to direct Interior, for land under Bureau of Land Management jurisdiction, and the Department of Agriculture, for land under Forest Service jurisdiction, to enter into agreements with Indian tribes to carry out demonstration projects that promote biomass energy production on Indian forest land and in nearby communities by providing tribes with reliable supplies of woody biomass from federal lands. (Sec. 7) Activity pursuant to a tribal resource management plan or an integrated resource management plan approved by Interior under the National Indian Forest Resources Management Act or the American Indian Agricultural Resource Management Act is considered to be a sustainable management practice. (Sec. 8) This bill amends the Long-Term Leasing Act to allow the Navajo Nation to enter into mineral resource leases on their restricted lands without Interior's approval. The maximum term of a Navajo Nation lease that does not require Interior's approval is extended for commercial and agricultural leases and established for mineral resource leases. (Sec. 9) Interior rules regarding hydraulic fracturing do not apply on land held in trust for Indians or on restricted Indian land, except with the express consent of the Indian beneficiaries. Hydraulic fracturing or fracking is a process to extract underground resources such as oil or gas from a geologic formation by injecting water, a propping agent (e.g., sand), and chemical additives into a well under enough pressure to fracture the geological formation. | Native American Energy Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``True American Heroes Act of 2002''.
TITLE I--MEDALS FOR RESPONDERS AND RESISTERS
SEC. 101. CONGRESSIONAL GOLD MEDALS FOR GOVERNMENT WORKERS WHO
RESPONDED TO THE ATTACKS ON THE WORLD TRADE CENTER AND
PERISHED.
(a) Presentation Authorized.--In recognition of the bravery and
self-sacrifice of officers, emergency workers, and other employees of
State and local government agencies, including the Port Authority of
New York and New Jersey, and of the United States Government and
others, who responded to the attacks on the World Trade Center in New
York City, and perished in the tragic events of September 11, 2001
(including those who are missing and presumed dead), the Speaker of the
House and the President pro tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of the
Congress, of a gold medal of appropriate design for each such officer,
emergency worker, employee, or other individual to the next of kin or
other personal representative of each such officer, emergency worker,
employee, or other individual.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury shall strike gold
medals with suitable emblems, devices, and inscriptions to be
determined by the Secretary to be emblematic of the valor and heroism
of the men and women honored.
(c) Determination of Recipients.--The Secretary of the Treasury
shall determine the number of medals to be presented under this section
and the appropriate recipients of the medals after consulting with
appropriate representatives of Federal, State, and local officers and
agencies and the Port Authority of New York and New Jersey.
(d) Duplicative Gold Medals For Departments and Duty Stations.--
(1) In general.--The Secretary of the Treasury shall strike
duplicates in gold of the gold medals struck pursuant to
subsection (a) for presentation to each of the following, for
permanent display in the respective offices, houses, stations,
or places of employment:
(A) The Governor of the State of New York.
(B) The Mayor of the City of New York.
(C) The Commissioner of the New York Police
Department, the Commissioner of the New York Fire
Department, the head of emergency medical services for
the City of New York, and the Chairman of the Board of
Directors of the Port Authority of New York and New
Jersey.
(D) Each precinct house, fire house, emergency
response station, or other duty station or place of
employment to which each person referred to in
subsection (a) was assigned on September 11, 2001, for
display in each such place in a manner befitting the
memory of such persons.
(e) Duplicate Bronze Medals.--Under such regulations as the
Secretary may prescribe, the Secretary may strike and sell duplicates
in bronze of the gold medal struck under subsection (a) at a price
sufficient to cover the costs of the bronze medals (including labor,
materials, dies, use of machinery, and overhead expenses) and the cost
of the gold medal.
(f) Use of the United States Mint at West Point, New York.--It is
the sense of the Congress that the medals authorized under this section
should be struck at the United States Mint at West Point, New York, to
the greatest extent possible.
SEC. 102. CONGRESSIONAL GOLD MEDALS FOR PEOPLE ABOARD UNITED AIRLINES
FLIGHT 93 WHO HELPED RESIST THE HIJACKERS AND CAUSED THE
PLANE TO CRASH.
(a) Congressional Findings.--The Congress finds as follows:
(1) On September 11, 2001, United Airlines Flight 93,
piloted by Captain James Dahl, departed from Newark
International Airport at 8:01 a.m. on its scheduled route to
San Francisco, California, with 7 crew members and 38
passengers on board.
(2) Shortly after departure, United Airlines Flight 93 was
hijacked by terrorists.
(3) At 10:37 a.m. United Airlines Flight 93 crashed near
Shanksville, Pennsylvania.
(4) Evidence indicates that people aboard United Airlines
Flight 93 learned that other hijacked planes had been used to
attack the World Trade Center in New York City and resisted the
actions of the hijackers on board.
(5) The effort to resist the hijackers aboard United
Airlines Flight 93 appears to have caused the plane to crash
prematurely, potentially saving hundreds or thousands of lives
and preventing the destruction of the White House, the Capitol, or
another important symbol of freedom and democracy.
(6) The leaders of the resistance aboard United Airlines
Flight 93 demonstrated exceptional bravery, valor, and
patriotism, and are worthy of the appreciation of the people of
the United States.
(b) Presentation of Congressional Gold Medals Authorized.--In
recognition of heroic service to the Nation, the Speaker of the House
and the President pro tempore of the Senate shall make appropriate
arrangements for the presentation, on behalf of the Congress, of a gold
medal of appropriate design for each passenger or crew member on board
United Airlines Flight 93 who is identified by the Attorney General as
having aided in the effort to resist the hijackers on board the plane
to the next of kin or other personal representative of each such
individual.
(c) Design and Striking.--For the purpose of the presentation
referred to in subsection (b), the Secretary of the Treasury shall
strike gold medals of a single design with suitable emblems, devices,
and inscriptions, to be determined by the Secretary.
(d) Duplicate Medals.--Under such regulations as the Secretary of
the Treasury may prescribe, the Secretary may strike and sell
duplicates in bronze of the gold medals struck under subsection (b) at
a price sufficient to cover the cost of the bronze medals (including
labor, materials, dies, use of machinery, and overhead expenses) and
the cost of the gold medals.
SEC. 103. CONGRESSIONAL GOLD MEDALS FOR GOVERNMENT WORKERS WHO
RESPONDED TO THE ATTACKS ON THE PENTAGON AND PERISHED.
(a) Presentation Authorized.--In recognition of the bravery and
self-sacrifice of officers, emergency workers, and other employees of
the United States Government, who responded to the attacks on the
Pentagon Washington, D.C. and perished in the tragic events of
September 11, 2001 (including those who are missing and presumed dead)
the Speaker of the House and the President pro tempore of the Senate
shall make appropriate arrangements for the presentation, on behalf of
the Congress, of a gold medal of appropriate design for each such
officer, emergency worker, or employee to the next of kin or other
personal representative of each such officer, emergency worker, or
employee.
(b) Design and Striking.--For the purpose of the presentation
referred to in subsection (a), the Secretary of the Treasury shall
strike gold medals of a single design with suitable emblems, devices,
and inscriptions, to be determined by the Secretary.
(c) Determination of Recipients.--The Secretary of the Treasury
shall determine the number of medals to be presented under this section
and the appropriate recipients of the medals after consulting with the
Secretary of Defense and any other appropriate representative of
Federal, State, and local officers and agencies.
SEC. 104. NATIONAL MEDALS.
The medals struck under this title are national medals for purposes
of chapter 51 of title 31, United States Code.
TITLE II--SPIRIT OF AMERICA COMMEMORATIVE COINS
SEC. 201. FINDINGS.
The Congress finds as follows:
(1) On September 11, 2001, the United States suffered the
worst act of terrorism in its history.
(2) The more than 6,000 people who lost their lives as a
result of the terrorist attacks that occurred in New York City,
at the Pentagon, and in Pennsylvania on September 11, 2001,
will not be forgotten.
(3) Hundreds of emergency personnel responded heroically to
the crisis and lost their lives as a result.
(4) People from everywhere in the United States responded
to the crisis with an outpouring of support for the victims of
the terrorist attacks and their families.
(5) The civilized world stands with strength and fortitude
in opposition to the cowardly terrorist attacks against the
United States that occurred on September 11, 2001.
(6) It is essential to remember not only the tragedy of the
attacks, but also the strength and resolve demonstrated by the
people of the United States in the aftermath of the attacks.
(7) The minting of coins in commemoration of the Spirit of
America will pay tribute to the countless heroes who risked
their lives during the terrorist attacks and in their aftermath
so that others may live and to a united people whose belief in
freedom, justice, and democracy has never swayed.
SEC. 202. COIN SPECIFICATIONS.
(a) Denominations.--In commemoration of the Spirit of America, the
Secretary of the Treasury (hereafter in this title referred to as the
``Secretary'') shall mint and issue the following coins:
(1) $50 gold coins.--Such number of 50 dollar coins as the
Secretary determines under subsection (b), which shall--
(A) weigh 1 ounce;
(B) have a diameter of 1.287 inches; and
(C) contain 91.67 percent gold and 8.33 percent
alloy.
(2) $1 silver coins.--Such number of 1 dollar coins as the
Secretary determines appropriate to meet demand, which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(3) Half dollar clad coins.--Such number of half dollar
coins as the Secretary determines appropriate to meet demand,
which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Number of Gold Coins.--
(1) In general.--The number of gold coins minted and issued
under this title shall equal the sum of 25,000 and the number
determined under paragraph (2).
(2) Determination of number.--The Secretary, in
consultation with the Attorney General of the United States and
the Governors of New York, Pennsylvania, and Virginia shall
determine the number of innocent individuals confirmed or
presumed to have been killed as a result of the terrorist
attacks against the United States that occurred on September
11, 2001, and shall identify such individuals. The Secretary,
under subsection (a)(1), shall mint and issue a number of 50
dollar coins equal to the number of such individuals.
(c) Legal Tender.--The coins minted under this title shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(d) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this title shall be
considered to be numismatic items.
(e) Sources of Bullion.--For the purpose of minting coins under
this title, the Secretary may only use metals that are from natural
deposits in the United States or any territory or possession of the
United States.
(f) Special Treatment Under Exigent Circumstances.--
(1) Findings.--The Congress finds as follows:
(A) The limitations contained in paragraphs (1) and
(2)(A) of section 5112(m) of title 31, United States
Code, and section 5134(f)(1)(B) of such title have well
served, and continue to serve, their purpose of
bringing greater stability to the markets for
commemorative coins, maximizing demand and
participation in such programs, and ensuring that such
programs have a broad base of private support and are
not used as the primary means of fundraising by
organizations that are the recipients of surcharges.
(B) The shocking circumstances of September 11,
2001, the broad base of public interest in showing the
Spirit of America and participating in the raising of
funds for the victims of the crimes committed on that
date, and the importance of implementing this coin
program as quickly as possible, notwithstanding the
fact that 2 commemorative coin programs are already in
effect for 2001 and 2002, justify exempting the coins
produced under this title from such limitations.
(2) Exemption.--Paragraphs (1) and (2) of section 5112(m)
of title 31, United States Code, and section 5134(f)(1)(B) of
such title shall not apply to coins authorized under this
title.
SEC. 203. DESIGN OF COINS.
(a) In General.--The design of the coins minted under this title
shall be emblematic of the tragic events that occurred at the Pentagon,
in New York City, and in Pennsylvania, on September 11, 2001.
(b) Designation and Inscriptions.--On each coin minted under this
title there shall be--
(1) a designation of the value of the coin;
(2) an inscription of the date ``September 11, 2001'' (and
such coin shall bear no other date); and
(3) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(c) Selection.--The design for the coins minted under this title
shall be selected by the Secretary after consultation with the
Commission of Fine Arts.
SEC. 204. STRIKING AND ISSUANCE OF COINS.
(a) Quality of Coins.--
(1) In general.--Except as provided under paragraph (2),
coins minted under this title shall be issued in uncirculated
quality.
(2) Gold coins.--50 dollar coins minted under section
202(a)(1) shall be issued only in proof quality.
(b) Mint Facility.--
(1) In general.--Except as provided under paragraph (2),
only 1 facility of the United States Mint may be used to strike
any particular quality of the coins minted under this title.
(2) Clad coins.--Any number of facilities of the United
States Mint may be used to strike the half dollar coins minted
under section 202(a)(3).
(c) Period for Issuance.--The Secretary--
(1) shall commence issuing coins minted under this title as
soon as possible after the date of the enactment of this Act;
and
(2) shall not issue any coins after the end of the 1-year
period beginning on the date such coins are first issued.
SEC. 205. SALE OF COINS.
(a) Sale Price.--The coins issued under section 202(a) (other than
the 50 dollar gold coins referred to in subsection (d)) shall be sold
by the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharges required by section 206(a) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under section 202(a) at a reasonable discount.
(c) Prepaid Orders.--The Secretary shall accept prepaid orders
received before the issuance of the coins minted under section 202(a).
The sale prices with respect to such prepaid orders shall be at a
reasonable discount.
(d) Gold Coins.--Notwithstanding section 204(c)(2), the Secretary
shall issue a 50 dollar coin minted under section 202(a)(1) for
presentation free of charge to the next of kin or personal
representative of each individual identified under section 202(b). The
Speaker of the House of Representatives and the President Pro Tempore
of the Senate shall make appropriate arrangements for the presentation,
on behalf of the Congress, of such gold coins.
SEC. 206. SURCHARGES ON SALE OF COINS.
(a) Assessment.--Any sale by the Secretary of a coin minted under
this title shall include a surcharge of an amount determined by the
Secretary to be sufficient to cover the cost of the gold coins minted
under section 202(a)(1) (including labor, materials, dies, use of
machinery, overhead expenses, and shipping) for presentment in
accordance with section 205(d), which charge may not be less than--
(1) $100 per coin for the 50 dollar gold coins;
(2) $10 per coin for the 1 dollar coin; and
(3) $5 per coin for the half dollar coin.
(b) Distribution of Excess Proceeds.--Any proceeds from the
surcharges received by the Secretary from the sale of coins issued
under this title in excess of the cost of producing all coins issued
under this title (including coins issued for individuals identified
pursuant to section 202(b)(2)) shall be--
(1) used to cover the costs incurred in the production of
gold medals under title I that have not been recovered from the
sale of duplicate bronze medals under such title; and
(2) with respect to any amount remaining after the costs
described in paragraph (1) are covered, transferred to any fund
for victims of the tragedies of September 11, 2001, that the
Secretary of the Treasury and the Attorney General jointly
determine to be appropriate.
Passed the House of Representatives July 22, 2002.
Attest:
JEFF TRANDAHL,
Clerk. | True American Heroes Act of 2002 - Title I: Medals for Responders and Resisters - (Sec. 101) Authorizes the award (posthumously) of congressional gold medals to the government workers and others who responded to the attacks on the World Trade Center in New York City and the Pentagon in Virginia and perished in the tragic events of September 11, 2001, and to the people aboard United Airlines Flight 93 who helped resist the hijackers on board and caused the plane to crash.Requires the Secretary of the Treasury to strike duplicates in gold of the gold medals for permanent display in named departments and duty stations. Authorizes the Secretary to strike and sell duplicates in bronze of the gold medals at a price sufficient to cover the costs of the bronze medals and the cost of the gold medals.Title II: Spirit of America Commemorative Coins - (Sec. 202) Directs the Secretary of the Treasury to mint and issue $50 dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the tragic events that occurred at the Pentagon, in New York City, and in Pennsylvania, on September 11, 2001.(Sec. 206) Requires the sale of such coins to include a surcharge to cover the cost of the gold coins minted under this Act for presentment to the next of kin of those who died in the September 11, 2001, attacks, and any proceeds from such surcharges in excess of the cost of producing all coins to be: (1) used to cover the costs incurred in the production of the gold medals that have not been recovered from the sale of duplicate bronze medals minted under this Act; and (2) with respect to any amount remaining after payment of such costs, transferred to any fund for the victims of such attacks. | To posthumously award congressional gold medals to government workers and others who responded to the attacks on the World Trade Center and the Pentagon and perished and to people aboard United Airlines Flight 93 who helped resist the hijackers and caused the plane to crash, to require the Secretary of the Treasury to mint coins in commemoration of the Spirit of America, recognizing the tragic events of September 11, 2001, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as--
(1) the ``New IDEA Act''; or
(2) the ``New Illegal Deduction Elimination Act''.
SEC. 2. CLARIFICATION THAT WAGES PAID TO UNAUTHORIZED ALIENS MAY NOT BE
DEDUCTED FROM GROSS INCOME.
(a) In General.--Subsection (c) of section 162 of the Internal
Revenue Code of 1986 (relating to illegal bribes, kickbacks, and other
payments) is amended by adding at the end the following new paragraph:
``(4) Wages paid to or on behalf of unauthorized aliens.--
``(A) In general.--No deduction shall be allowed
under subsection (a) for any wage paid to or on behalf
of an unauthorized alien, as defined under section
274A(h)(3) of the Immigration and Nationality Act (8
U.S.C. 1324a(h)(3)).
``(B) Wages.--For the purposes of this paragraph,
the term `wages' means all remuneration for employment,
including the cash value of all remuneration (including
benefits) paid in any medium other than cash.
``(C) Safe harbor.--If a person or other entity is
participating in the E-Verify Program described in
section 403(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a
note) and obtains confirmation of identity and
employment eligibility in compliance with the terms and
conditions of the program with respect to the hiring
(or recruitment or referral) of an employee,
subparagraph (A) shall not apply with respect to wages
paid to such employee.
``(D) Burden of proof.--In the case of any
examination of a return in connection with a deduction
under this section by reason of this paragraph, the
Secretary shall bear the burden of proving that wages
were paid to or on behalf of an unauthorized alien.
``(E) Limitation on taxpayer audit.--The Secretary
may not commence an audit or other investigation of a
taxpayer solely on the basis of a deduction taken under
this section by reason of this paragraph.''.
(b) Six-Year Limitation on Assessment and Collection.--Subsection
(c) of section 6501 of the Internal Revenue Code of 1986 (relating to
exceptions) is amended by adding at the end the following new
paragraph:
``(12) Deduction claimed for wages paid to unauthorized
aliens.--In the case of a return of tax on which a deduction is
shown in violation of section 162(c)(4), any tax under chapter
1 may be assessed, or a proceeding in court for the collection
of such tax may be begun without assessment, at any time within
6 years after the return was filed.''.
(c) Use of Documentation for Enforcement Purposes.--Section 274A of
the Immigration and Nationality Act (8 U.S.C. 1324a) is amended--
(1) in subparagraph (b)(5), by inserting ``, section
162(c)(4) of the Internal Revenue Code of 1986,'' after
``enforcement of this Act'';
(2) in subparagraph (d)(2)(F), by inserting ``, section
162(c)(4) of the Internal Revenue Code of 1986,'' after
``enforcement of this Act''; and
(3) in subparagraph (d)(2)(G), by inserting ``section
162(c)(4) of the Internal Revenue Code of 1986 or'' after ``or
enforcement of''.
(d) Availability of Information.--
(1) In general.--The Commissioner of Social Security, the
Secretary of the Department of Homeland Security, and the
Secretary of the Treasury, shall jointly establish a program to
share information among such agencies that may or could lead to
the identification of unauthorized aliens (as defined under
section 274A(h)(3) of the Immigration and Nationality Act),
including any no-match letter, any information in the earnings
suspense file, and any information in the investigation and
enforcement of section 162(c)(4) of the Internal Revenue Code
of 1986.
(2) Disclosure by secretary of the treasury.--
(A) In general.--Subsection (i) of section 6103 of
the Internal Revenue Code of 1986 is amended by adding
at the end the following new paragraph:
``(9) Payment of wages to unauthorized aliens.--Upon
request from the Commissioner of the Social Security
Administration or the Secretary of the Department of Homeland
Security, the Secretary shall disclose to officers and
employees of such Administration or Department--
``(A) taxpayer identity information of employers
who paid wages with respect to which a deduction was
not allowed by reason of section 162(c)(4), and
``(B) taxpayer identity information of individuals
to whom such wages were paid,
for purposes of carrying out any enforcement activities of such
Administration or Department with respect to such employers or
individuals.''.
(B) Recordkeeping.--Paragraph (4) of section
6103(p) of such Code is amended--
(i) by striking ``(5), or (7)'' in the
matter preceding subparagraph (A) and inserting
``(5), (7), or (9)'', and
(ii) by striking ``(5) or (7)'' in
subparagraph (F)(ii) and inserting ``(5), (7),
or (9)''.
(e) Effective Date.--
(1) Except as provided in paragraph (2), this Act and the
amendments made by this Act shall take effect on the date of
the enactment of this Act.
(2) The amendments made by subsections (a) and (b) shall
apply to taxable years beginning after December 31, 2011.
SEC. 3. MODIFICATION OF E-VERIFY PROGRAM.
(a) Making Permanent.--Subsection (b) of section 401 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1324a note) is amended by striking the last sentence.
(b) Application to Current Employees.--
(1) Voluntary election.--The first sentence of section
402(a) of such Act is amended to read as follows: ``Any person
or other entity that conducts any hiring (or recruitment or
referral) in a State or employs any individuals in a State may
elect to participate in the E-Verify Program.''.
(2) Benefit of rebuttable presumption.--Paragraph (1) of
section 402(b) of such Act is amended by adding at the end the
following: ``If a person or other entity is participating in
the E-Verify Program and obtains confirmation of identity and
employment eligibility in compliance with the terms and
conditions of the program with respect to individuals employed
by the person or entity, the person or entity has established a
rebuttable presumption that the person or entity has not
violated section 274A(a)(2) with respect to such
individuals.''.
(3) Scope of election.--Subparagraph (A) of section
402(c)(2) of such Act is amended to read as follows:
``(A) In general.--Any electing person or other
entity may provide that the election under subsection
(a) shall apply (during the period in which the
election is in effect)--
``(i) to all its hiring (and all
recruitment or referral);
``(ii) to all its hiring (and all
recruitment or referral and all individuals
employed by the person or entity);
``(iii) to all its hiring (and all
recruitment or referral) in one or more States
or one or more places of hiring (or recruitment
or referral, as the case may be); or
``(iv) to all its hiring (and all
recruitment or referral and all individuals
employed by the person or entity) in one or
more States or one or more place of hiring (or
recruitment or referral or employment, as the
case may be).''.
(4) Procedures for participants in e-verify program.--
Subsection (a) of section 403 of such Act is amended--
(A) in the matter preceding paragraph (1), by
inserting ``or continued employment in the United
States'' after ``United States''; and
(B) in paragraph (3)--
(i) in subparagraph (A), by striking all
that follows ``(as specified by the Secretary
of Homeland Security)'' and inserting ``after
the date of the hiring, or recruitment or
referral, in the case of inquiries made
pursuant to a hiring, recruitment or referral
(and not of previously hired individuals).'';
and
(ii) in subparagraph (B), by striking
``such 3 working days'' and inserting ``the
specified period''.
(c) Application to Job Applicants.--Section 402(c)(2) of such Act
is amended by adding at the end the following:
``(C) Job offer may be made conditional on final
confirmation by e-verify.--A person or other entity
that elects to participate in the E-Verify Program may
offer a prospective employee an employment position
conditioned on final verification of the identity and
employment eligibility of the employee using the
employment eligibility confirmation system established
under section 404.''. | New IDEA Act or New Illegal Deduction Elimination Act - Amends the Internal Revenue Code to deny a tax deduction for wages and benefits paid to or on behalf of an unauthorized alien. Extends to six years the period for assessing and collecting underpayments of tax due to deductions claimed for wages paid to unauthorized aliens.
Directs the Commissioner of Social Security and the Secretaries of Homeland Security (DHS) and the Treasury to jointly establish a program to share information that may lead to the identification of unauthorized aliens. Requires the Secretary of the Treasury to provide taxpayer identity information to the Commissioner of Social Security and the DHS Secretary on employers who paid nondeductible wages to unauthorized aliens and on the aliens to whom such wages were paid.
Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to: (1) make permanent the E-Verify Program for verifying the employment eligibility of alien workers, (2) apply such program to current employees in addition to new hires, (3) establish a rebuttable presumption that employers who participate in the E-Verify Program and obtain confirmation of identity and employment eligibility have not violated hiring requirements under such Act, and (4) allow employers participating in the E-Verify Program to make a conditional offer of employment pending final verification of the identity and employment eligibility of the job applicant. | To amend the Internal Revenue Code of 1986 to clarify that wages paid to unauthorized aliens may not be deducted from gross income, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stopping Improper Payments to
Deceased People Act''.
SEC. 2. DISTRIBUTION OF DEATH INFORMATION FURNISHED TO OR MAINTAINED BY
THE SOCIAL SECURITY ADMINISTRATION.
(a) In General.--
(1) In general.--Section 205(r) of the Social Security Act
(42 U.S.C. 405(r)) is amended--
(A) in paragraph (2)--
(i) by striking ``may'' and inserting
``shall''; and
(ii) by inserting ``, and to ensure the
completeness, timeliness, and accuracy of,''
after ``transmitting'';
(B) by striking paragraphs (3), (4), and (5) and
inserting the following:
``(3)(A) The Commissioner of Social Security shall, to the extent
feasible, provide for the use of information regarding all deceased
individuals furnished to or maintained by the Commissioner under this
subsection in accordance with subparagraph (B), subject to such
safeguards as the Commissioner of Social Security determines are
necessary or appropriate to protect the information from unauthorized
use or disclosure, by any Federal or State agency providing federally
funded benefits or administering a Federal program for such benefits,
including the agency operating the Do Not Pay working system for
ensuring proper payment of those benefits, through a cooperative
arrangement with the agency (that includes the agency's Inspector
General) or with an agency's Inspector General, if--
``(i) under such arrangement the agency (including, if
applicable, the agency's Inspector General) provides
reimbursement to the Commissioner of Social Security for the
reasonable cost of carrying out such arrangement, including the
reasonable costs associated with the collection and maintenance
of information regarding deceased individuals furnished to the
Commissioner pursuant to paragraph (1); and
``(ii) such arrangement does not conflict with the duties
of the Commissioner of Social Security under paragraph (1).
``(B) The Commissioner of Social Security shall, to the extent
feasible, provide for the use of information regarding all deceased
individuals furnished to or maintained by the Commissioner under this
subsection, through a cooperative arrangement in order for a Federal
agency to carry out any of the following purposes, if the requirements
of clauses (i) and (ii) of subparagraph (A) are met:
``(i) Operating the Do Not Pay working system established
by section 5 of the Improper Payments Elimination and Recovery
Improvement Act of 2012. Under such arrangement, the agency
operating the working system may compare death information
disclosed by the Commissioner with personally identifiable
information reviewed through the working system, and may
redisclose such comparison of information, as appropriate, to
any Federal or State agency authorized to use the working
system.
``(ii) To ensure proper payments under a Federal program or
the proper payment of federally funded benefits, including for
purposes of payment certification, payment disbursement, and
the prevention, identification, or recoupment of improper
payments.
``(iii) To carry out tax administration or debt collection
duties of the agency.
``(iv) For use by any policing agency of the Federal
Government with the principle function of prevention,
detection, or investigation of crime or the apprehension of
alleged offenders.
``(C) With respect to the reimbursement to the Commissioner of
Social Security for the reasonable cost of carrying out a cooperative
arrangement described in subparagraph (A) between the Commissioner of
Social Security and an agency, the Commissioner shall--
``(i) establish a defined calculation method for purposes
of calculating the reasonable cost of carrying out the
arrangement that does not take into account any services,
information, or unrelated payments provided by the agency to
the Commissioner; and
``(ii) reimbursement payments shall be accounted for and
recorded separately from other transactions.
``(4) The Commissioner of Social Security may enter into similar
arrangements with States to provide information regarding all deceased
individuals furnished to or maintained by the Commissioner under this
subsection, for any of the purposes specified in paragraph (3)(B), for
use by States in programs wholly funded by the States, or for use in
the administration of a benefit pension plan or retirement system for
employees of a State or a political subdivision thereof, if the
requirements of clauses (i) and (ii) of paragraph (3)(A) are met. For
purposes of this paragraph, the terms `retirement system' and
`political subdivision' have the meanings given such terms in section
218(b).
``(5) The Commissioner of Social Security may use or provide for
the use of information regarding all deceased individuals furnished to
or maintained by the Commissioner under this subsection, subject to
such safeguards as the Commissioner of Social Security determines are
necessary or appropriate to protect the information from unauthorized
use or disclosure, for statistical purposes and research activities by
Federal and State agencies if the requirements of clauses (i) and (ii)
of paragraph (3)(A) are met. For purposes of this paragraph, the term
`statistical purposes' has the meaning given that term in section 502
of the Confidential Information Protection and Statistical Efficiency
Act of 2002.''; and
(C) in paragraph (8)(A)(i), by striking
``subparagraphs (A) and (B) of paragraph (3)'' and
inserting ``clauses (i) and (ii) of paragraph (3)(A)''.
(2) Repeal.--Effective on the date that is 5 years after
the date of enactment of this Act, the amendments made by this
subsection to paragraphs (3), (4), (5), and (8) of section
205(r) of the Social Security Act (42 U.S.C. 405(r)) are
repealed, and the provisions of section 205(r) of the Social
Security Act (42 U.S.C. 605(r)) so amended are restored and
revived as if such amendments had not been enacted.
(b) Amendment to Internal Revenue Code.--Section 6103(d)(4) of the
Internal Revenue Code of 1986 is amended--
(1) in subparagraphs (A) and (B), by striking ``Secretary
of Health and Human Services'' each place it appears and
inserting ``Commissioner of Social Security''; and
(2) in subparagraph (B)(ii), by striking ``such Secretary''
and all that follows through ``deceased individuals.'' and
inserting ``such Commissioner pursuant to such contract, except
that such contract may provide that such information is only to
be used by the Social Security Administration (or any other
Federal agency) for purposes authorized in the Social Security
Act or this title.''.
(c) Report to Congress on Alternative Sources of Death Data.--
(1) Requirements.--The Director of the Office of Management
and Budget shall conduct a review of potential alternative
sources of death data maintained by the non-Federal sources,
including sources maintained by State agencies or associations
of State agencies, for use by Federal agencies and programs.
The review shall include analyses of--
(A) the accuracy and completeness of such data;
(B) interoperability of such data;
(C) the extent to which there is efficient
accessibility of such data by Federal agencies;
(D) the cost to Federal agencies of accessing and
maintaining such data;
(E) the security of such data;
(F) the reliability of such data; and
(G) a comparison of the potential alternate sources
of death data to the death data distributed by the
Commissioner of Social Security.
(2) Report.--Not later than 4 years after the date of
enactment of this Act, the Director of the Office of Management
and Budget shall submit a report to Congress on the results of
the review and analyses required under paragraph (1). The
report shall include a recommendation by the Director of the
Office of Management and Budget regarding whether to extend the
agency access to death data distributed by the Commissioner of
Social Security provided under the amendments made by
subsection (a)(1) beyond the date on which such amendments are
to be repealed under subsection (a)(2).
SEC. 3. IMPROVING THE USE OF DATA BY GOVERNMENT AGENCIES TO CURB
IMPROPER PAYMENTS.
The Improper Payments Elimination and Recovery Improvement Act of
2012 (31 U.S.C. 3321 note) is amended by adding at the end the
following:
``SEC. 8. IMPROVING THE USE OF DEATH DATA BY GOVERNMENT AGENCIES.
``(a) Guidance by the Office of Management and Budget.--
``(1) Guidance to agencies.--Not later than 6 months after
the date of enactment of this section, and in consultation with
the Council of Inspectors General on Integrity and Efficiency
and the heads of other relevant Federal, State, and local
agencies, and Indian tribes and tribal organizations, the
Director of the Office of Management and Budget shall issue
guidance for each agency or component of an agency that
operates or maintains a database of information relating to
beneficiaries, annuity recipients, or any purpose described in
section 205(r)(3)(B) of the Social Security Act (42 U.S.C.
405(r)(3)(B)) for which improved data matching with databases
relating to the death of an individual (in this section
referred to as `death databases') would be relevant and
necessary regarding implementation of this section to provide
such agencies or components access to the death databases no
later than 6 months after such date of enactment.
``(2) Plan to assist states and local agencies and indian
tribes and tribal organizations.--Not later than 1 year after
the date of enactment of this section, the Director of the
Office of Management and Budget shall develop a plan to assist
States and local agencies, and Indian tribes and tribal
organizations, in providing electronically to the Federal
Government records relating to the death of individuals, which
may include recommendations to Congress for any statutory
changes or financial assistance to States and local agencies
and Indian tribes and tribal organizations that are necessary
to ensure States and local agencies and Indian tribes and
tribal organizations can provide such records electronically.
The plan may include recommendations for the authorization of
appropriations or other funding to carry out the plan.
``(b) Reports.--
``(1) Report to congress on improving data matching
regarding payments to deceased individuals.--Not later than 270
days after the date of enactment of this section, the Director
of the Office of Management and Budget, in consultation with
the heads of other relevant Federal agencies, and in
consultation with States and local agencies, Indian tribes and
tribal organizations, shall submit to Congress a plan to
improve how States and local agencies and Indian tribes and
tribal organizations that provide benefits under a federally
funded program will improve data matching with the Federal
Government with respect to the death of individuals who are
recipients of such benefits.
``(2) Annual report.--Not later than 1 year after the date
of enactment of this section, and for each of the 4 succeeding
years, the Director of the Office of Management and Budget
shall submit to Congress a report regarding the implementation
of this section. The first report submitted under this
paragraph shall include the recommendations of the Director
required under subsection (a)(2).
``(c) Definitions.--In this section, the terms `Indian tribe' and
`tribal organization' have the meanings given those terms in section 4
of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b).''.
SEC. 4. PLAN FOR ENSURING THE ACCURACY AND COMPLETENESS OF DEATH DATA
MAINTAINED AND DISTRIBUTED BY THE SOCIAL SECURITY
ADMINISTRATION.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Commissioner of Social Security shall submit to
Congress a plan, which shall include an estimate of the cost of
implementing the policies and procedures described in such plan, to
improve the accuracy and completeness of the death data (including,
where feasible and cost-effective, data regarding individuals who are
not eligible for or receiving benefits under titles II or XVI of the
Social Security Act) maintained and distributed by the Social Security
Administration.
(b) Content of Plan.--In developing the plan required under
subsection (a), the Commissioner of Social Security shall consider
whether to include the following elements:
(1) Procedures for--
(A) identifying individuals who are extremely
elderly, as determined by the Commissioner, but for
whom no record of death exists in the records of the
Social Security Administration;
(B) verifying the information contained in the
records of the Social Security Administration with
respect to individuals described in subparagraph (A)
and correcting any inaccuracies; and
(C) where appropriate, disclosing corrections made
to the records of the Social Security Administration.
(2) Improved policies and procedures for identifying and
correcting erroneous death records, including policies and
procedures for--
(A) identifying individuals listed as dead who are
actually alive;
(B) identifying individuals listed as alive who are
actually dead; and
(C) allowing individuals or survivors of deceased
individuals to notify the Social Security
Administration of potential errors.
(3) Improved policies and procedures to identify and
correct discrepancies in the records of the Social Security
Administration, including Social Security number records.
(4) A process for employing statistical analysis of the
death data maintained and distributed by the Social Security
Administration to determine an estimate of the number of
erroneous records.
(5) Recommendations for legislation, as necessary.
SEC. 5. REPORT ON INFORMATION SECURITY.
Not later than 90 days after the date of the enactment of this Act,
the Commissioner of Social Security shall submit a report to the
Committees on Ways and Means, Oversight and Government Reform, and
Homeland Security of the House of Representatives, and the Committees
on Finance and Homeland Security and Governmental Affairs of the Senate
that--
(1) identifies all information systems of the Social
Security Administration containing sensitive information; and
(2) describes the measures the Commissioner is taking to
secure and protect such information systems. | Stopping Improper Payments to Deceased People Act This bill requires the Social Security Administration (SSA) to pay to states their reasonable costs for compiling and sharing records of deaths with the SSA. Under current law, the SSA is not required to pay the states but may choose to do so. The SSA may share the death data with federal and state agencies for various purposes. Such purposes include ensuring proper payments of benefits and tax administration duties. The Office of Management and Budget shall develop a plan to help federal and state agencies and Indian tribes use the death data. | Stopping Improper Payments to Deceased People Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness for Adopting Families
Act''.
SEC. 2. DEDUCTION FOR ADOPTION EXPENSES.
(a) Deduction for Adoption Expenses.--
(1) In general.--Part VII of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 (relating to additional
itemized deductions for individuals) is amended by
redesignating section 220 as section 221 and by inserting after
section 219 the following new section:
``SEC. 220. ADOPTION EXPENSES.
``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction for the taxable year the amount of the
qualified adoption expenses paid or incurred by the taxpayer during
such taxable year.
``(b) Limitations.--
``(1) Dollar limitation.--The aggregate amount allowable as
a deduction under subsection (a) for all taxable years with
respect to the legal adoption of any single child by the
taxpayer shall not exceed $5,000 ($7,000, in the case of an
international adoption).
``(2) Income limitation.--The amount allowable as a
deduction under subsection (a) for any taxable year shall be
reduced (but not below zero) by an amount which bears the same
ratio to the amount so allowable (determined without regard to
this paragraph but with regard to paragraph (1)) as--
``(A) the amount (if any) by which the taxpayer's
taxable income (determined without regard to this
section and section 137) exceeds $60,000, bears to
``(B) $10,000.
``(3) Denial of double benefit.--
``(A) In general.--No deduction shall be allowed
under subsection (a) for any expense for which a
deduction or credit is allowable under any other
provision of this chapter.
``(B) Grants.--No deduction shall be allowed under
subsection (a) for any expenses paid from any funds
received under any Federal, State, or local program.
``(C) Employer program.--No deduction shall be
allowed under subsection (a) for any expenses paid by
an employer which are excludible from gross income
under section 137(a).
``(c) Qualified Adoption Expenses.--For purposes of this section:
``(1) In general.--The term `qualified adoption expenses'
means reasonable and necessary adoption fees (including agency
fees), court costs, attorney fees, and other expenses which--
``(A) are directly related to the legal adoption of
a child by the taxpayer but only if such adoption has
been arranged--
``(i) by a State or local agency with
responsibility under State or local law for
child placement through adoption,
``(ii) by a non-profit, voluntary adoption
agency which is authorized by State or local
law to place children for adoption, or
``(iii) through a private placement, and
``(B) are not incurred in violation of State or
Federal law.
``(2) Adoption expenses not to include certain amounts.--
The term `qualified adoption expenses' shall not include any
expenses in connection with--
``(A) the adoption by an individual of a child who
is the child of such individual's spouse, or
``(B) travel outside the United States, unless such
travel is required--
``(i) as a condition of a legal adoption by
the country of the child's origin,
``(ii) to assess the health and status of
the child to be adopted, or
``(iii) to escort the child to be adopted
to the United States.
``(3) Child.--The term `child' means an individual who at
the time of adoption under this section has not attained the
age of 18.''.
(2) Clerical amendment.--The table of sections for such
part VII is amended by striking the item relating to section
220 and inserting the following:
``Sec. 220. Adoption expenses.
``Sec. 221. Cross reference.''.
(b) Deduction Allowed in Computing Adjusted Gross Income.--
Subsection (a) of section 62 of such Code is amended by adding after
paragraph (15) the following new paragraph:
``(16) Adoption expenses.--The deduction allowed by section
220.''.
(c) Adoption Assistance Programs.--
(1) In general.--Part III of subchapter B of chapter 1 of
such Code (relating to items specifically excluded from gross
income) is amended by redesignating section 137 as section 138
and by inserting after section 136 the following new section:
``SEC. 137. ADOPTION ASSISTANCE PROGRAMS.
``(a) In General.--Gross income of an employee does not include
amounts paid or expenses incurred by the employer for qualified
adoption expenses in connection with the adoption of a child by an
employee if such amounts are furnished pursuant to an adoption
assistance program.
``(b) Limitations.--
``(1) Dollar limitation.--The aggregate amount excludable
from gross income under subsection (a) for all taxable years
with respect to the legal adoption of any single child by the
taxpayer shall not exceed the excess (if any) of $5,000 ($7,000
in the case of an international adoption).
``(2) Income limitation.--The amount excludable from gross
income under subsection (a) for any taxable year shall be
reduced (but not below zero) by an amount which bears the same
ratio to the amount so excludable (determined without regard to
this paragraph but with regard to paragraph (1)) as--
``(A) the amount (if any) by which the taxpayer's
taxable income (determined without regard to this
section and section 220) exceeds $60,000, bears to
``(B) $10,000.
``(c) Adoption Assistance Program.--For purposes of this section,
an adoption assistance program is a plan of an employer--
``(1) under which the employer provides employees with
adoption assistance, and
``(2) which meets requirements similar to the requirements
of paragraphs (2), (3), and (5) of section 127(b).
``(d) Qualified Adoption Expenses.--For purposes of this section,
the term `qualified adoption expenses' has the meaning given such term
by section 220(c).''.
(2) Clerical amendment.--The table of sections for such
part III is amended by striking the item relating to section
137 and inserting the following:
``Sec. 137. Adoption assistance programs.
``Sec. 138. Cross reference to other
Acts.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply to taxable years
beginning after December 31, 1993. | Fairness for Adopting Families Act - Amends the Internal Revenue Code to permit an individual income tax deduction for qualified adoption expenses. Makes deductible reasonable and necessary expenses that are directly related to a legal adoption of any child if the adoption has been arranged by a State, local, or other nonprofit agency or through a private placement.
Excludes from an employee's gross income any amounts paid on behalf of the employee by an employer pursuant to a qualified adoption assistance program.
Limits both the deduction and the exclusion to $5,000 ($7,000 in the case of an international adoption). Reduces the amount when the taxpayer's income exceeds $60,000.
Permits an employer to treat an adoption assistance program as a statutory employee benefit plan, thus making the employer's contributions to such a program tax deductible as business expenses. | Fairness for Adopting Families Act |
SECTION 1. MODIFYING SPECIAL RULES RELATING TO COVERAGE OF ABORTION
SERVICES UNDER THE PATIENT PROTECTION AND AFFORDABLE CARE
ACT TO CONFORM TO LONG-STANDING FEDERAL POLICY.
(a) In General.--Section 1303 of the Patient Protection and
Affordable Care Act (Public Law 111-148), as amended by section
10104(c) of such Act, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively;
(2) by redesignating paragraph (4) of subsection (b) as
subsection (d) and transferring such subsection (d) after the
subsection (c) inserted by paragraph (4) of this subsection
with appropriate indentation;
(3) by amending subsection (b) to read as follows:
``(b) Special Rules Relating to Coverage of Abortion Services.--
Nothing in this Act (or any amendment made by this Act) shall be
construed to require any health plan to provide coverage of or access
to abortion services or to allow the Secretary or any other Federal or
non-Federal person or entity in implementing this Act (or amendment) to
require coverage of or access to such services.'';
(4) by inserting after subsection (b) the following new
subsection:
``(c) Limitation on Abortion Funding.--
``(1) In general.--No funds authorized or appropriated by
this Act (or an amendment made by this Act), including credits
applied toward qualified health plans under section 36B of the
Internal Revenue Code of 1986 or cost-sharing reductions under
section 1402 of this Act may be used to pay for any abortion or
to cover any part of the costs of any health plan that includes
coverage of abortion, except in the case where a woman suffers
from a physical disorder, physical injury, or physical illness
that would, as certified by a physician, place the woman in
danger of death unless an abortion is performed, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, or unless the pregnancy is the result of
an act of rape or incest.
``(2) Option to purchase separate coverage or plan.--
Nothing in this subsection shall be construed as prohibiting
any non-Federal entity (including an individual or a State or
local government) from purchasing separate coverage for
abortions for which funding is prohibited under this
subsection, or a plan that includes such abortions, so long
as--
``(A) such coverage or plan is paid for entirely
using only funds not authorized or appropriated by this
Act; and
``(B) such coverage or plan is not purchased
using--
``(i) individual premium payments required
for a qualified health plan offered through an
Exchange towards which a credit is applied
under section 36B of the Internal Revenue Code
of 1986; or
``(ii) other non-Federal funds required to
receive a Federal payment, including a State's
or locality's contribution of Medicaid matching
funds.
``(3) Option to offer coverage or plan.--Nothing in this
subsection or section 1311(d)(2)(B)(i) shall restrict any non-
Federal health insurance issuer offering a qualified health
plan from offering separate coverage for abortions for which
funding is prohibited under this subsection, or a plan that
includes such abortions, so long as--
``(A) premiums for such separate coverage or plan
are paid for entirely with funds not authorized or
appropriated by this Act;
``(B) administrative costs and all services offered
through such coverage or plan are paid for using only
premiums collected for such coverage or plan; and
``(C) any such non-Federal health insurance issuer
that offers a qualified health plan through an Exchange
that includes coverage for abortions for which funding
is prohibited under this subsection also offers a
qualified health plan through the Exchange that is
identical in every respect except that it does not
cover abortions for which funding is prohibited under
this subsection.'';
(5) in subsection (e), as redesignated by paragraph (1)--
(A) in the heading, strike ``Regarding Abortion'';
(B) in the heading of each of paragraphs (1) and
(2), strike each place it appears ``regarding
abortion''; and
(C) in paragraph (1), insert ``conscience
protection, abortion, or'' after ``State laws
regarding'';
(6) in subsection (f), as redesignated by paragraph (1), by
striking ``Nothing'' and inserting ``Subject to subsection (g),
nothing''; and
(7) by adding at the end the following new subsection:
``(g) Nondiscrimination on Abortion.--
``(1) Nondiscrimination.--A Federal agency or program, and
any State or local government that receives Federal financial
assistance under this Act (or an amendment made by this Act),
may not--
``(A) subject any individual or institutional
health care entity to discrimination; or
``(B) require any health plan created or regulated
under this Act (or an amendment made by this Act) to
subject any individual or institutional health care
entity to discrimination,
on the basis that the health care entity does not provide, pay
for, provide coverage of, or refer for abortions.
``(2) Definition.--In this subsection, the term
``healthcare entity'' includes an individual physician or other
health care professional, a hospital, a provider-sponsored
organization, a health maintenance organization, a health
insurance plan, or any other kind of health care facility,
organization, or plan.
``(3) Administration.--The Office for Civil Rights of the
Department of Health and Human Services is designated to
receive complaints of discrimination based on this subsection,
and coordinate the investigation of such complaints.''.
(b) Conforming Amendment.--Section 1334(a)(6) of such Act is
amended to read as follows:
``(6) Coverage consistent with federal policy.--In entering
into contracts under this subsection, the Director shall ensure
that no multi-State qualified health plan offered in an
Exchange provides coverage for abortions for which funding is
prohibited under subsection 1303(c) of this Act.''. | Amends the Patient Protection and Affordable Care Act to prohibit federal funds from being to used to cover any part of the costs of any health plan that includes coverage of abortion services. (Currently, federal funds cannot be used for abortion services and plans receiving federal funds must keep federal funds segregated from any funds for abortion services.)
Requires any qualified health benefit plan offered through an Exchange that includes coverage for abortions to also offer a qualified health benefit plan through the Exchange that is identical in every respect except that it does not cover abortions. | To amend the Patient Protection and Affordable Care Act to modify special rules relating to coverage of abortion services under such Act. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Spokane Tribe of Indians of the
Spokane Reservation Equitable Compensation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) from 1927 to 1931, at the direction of Congress, the
Corps of Engineers investigated the Columbia River and its
tributaries to determine sites at which power could be produced
at low cost;
(2) under section 10(e) of the Federal Power Act (16 U.S.C.
803(e)), when licenses are issued involving tribal land within
an Indian reservation, a reasonable annual charge shall be
fixed for the use of the land, subject to the approval of the
Indian tribe having jurisdiction over the land;
(3) in August 1933, the Columbia Basin Commission, an
agency of the State of Washington, received a preliminary
permit from the Federal Power Commission for water power
development at the Grand Coulee site;
(4) had the Columbia Basin Commission or a private entity
developed the site, the Spokane Tribe would have been entitled
to a reasonable annual charge for the use of the land of the
Spokane Tribe;
(5) in the mid-1930s, the Federal Government, which is not
subject to licensing under the Federal Power Act (16 U.S.C. 792
et seq.)--
(A) federalized the Grand Coulee Dam project; and
(B) began construction of the Grand Coulee Dam;
(6) when the Grand Coulee Dam project was federalized, the
Federal Government recognized that--
(A) development of the project affected the
interests of the Spokane Tribe and the Confederated
Tribes of the Colville Reservation; and
(B) it would be appropriate for the Spokane and
Colville Tribes to receive a share of revenue from the
disposition of power produced at Grand Coulee Dam;
(7) in the Act of June 29, 1940 (16 U.S.C. 835d et seq.),
Congress--
(A) granted to the United States--
(i) in aid of the construction, operation,
and maintenance of the Columbia Basin Project,
all the right, title, and interest of the
Spokane Tribe and Colville Tribes in and to the
tribal and allotted land within the Spokane and
Colville Reservations, as designated by the
Secretary of the Interior from time to time;
and
(ii) other interests in that land as
required and as designated by the Secretary for
certain construction activities undertaken in
connection with the project; and
(B) provided that compensation for the land and
other interests was to be determined by the Secretary
in such amounts as the Secretary determined to be just
and equitable;
(8) pursuant to that Act, the Secretary paid--
(A) to the Spokane Tribe, $4,700; and
(B) to the Confederated Tribes of the Colville
Reservation, $63,000;
(9) in 1994, following litigation under the Act of August
13, 1946 (commonly known as the ``Indian Claims Commission
Act'' (60 Stat. 1049, chapter 959; former 25 U.S.C. 70 et
seq.)), Congress ratified the Colville Settlement Agreement,
which required--
(A) for past use of the land of the Colville
Tribes, a payment of $53,000,000; and
(B) for continued use of the land of the Colville
Tribes, annual payments of $15,250,000, adjusted
annually based on revenues from the sale of electric
power from the Grand Coulee Dam project and
transmission of that power by the Bonneville Power
Administration;
(10) the Spokane Tribe, having suffered harm similar to
that suffered by the Colville Tribes, did not file a claim
within the 5-year statute of limitations under the Indian
Claims Commission Act;
(11) neither the Colville Tribes nor the Spokane Tribe
filed claims for compensation for use of the land of the
respective tribes with the Commission prior to August 13, 1951,
but both tribes filed unrelated land claims prior to August 13,
1951;
(12) in 1976, over objections by the United States, the
Colville Tribes were successful in amending the 1951 Claims
Commission land claims to add the Grand Coulee claim of the
Colville Tribes;
(13) the Spokane Tribe had no such claim to amend, having
settled the Claims Commission land claims of the Spokane Tribe
with the United States in 1967;
(14) the Spokane Tribe has suffered significant harm from
the construction and operation of Grand Coulee Dam;
(15) Spokane tribal acreage taken by the United States for
the construction of Grand Coulee Dam equaled approximately 39
percent of Colville tribal acreage taken for construction of
the dam;
(16) the payments and delegation made pursuant to this Act
constitute fair and equitable compensation for the past and
continued use of Spokane tribal land for the production of
hydropower at Grand Coulee Dam; and
(17) by vote of the Spokane tribal membership, the Spokane
Tribe has resolved that the payments and delegation made
pursuant to this Act constitute fair and equitable compensation
for the past and continued use of Spokane tribal land for the
production of hydropower at Grand Coulee Dam.
SEC. 3. PURPOSE.
The purpose of this Act is to provide fair and equitable
compensation to the Spokane Tribe for the use of the land of the
Spokane Tribe for the generation of hydropower by the Grand Coulee Dam.
SEC. 4. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Bonneville Power Administration or the
head of any successor agency, corporation, or entity that
markets power produced at Grand Coulee Dam.
(2) Colville settlement agreement.--The term ``Colville
Settlement Agreement'' means the Settlement Agreement entered
into between the United States and the Colville Tribes, signed
by the United States on April 21, 1994, and by the Colville
Tribes on April 16, 1994, to settle the claims of the Colville
Tribes in Docket 181-D of the Indian Claims Commission, which
docket was transferred to the United States Court of Federal
Claims.
(3) Colville tribes.--The term ``Colville Tribes'' means
the Confederated Tribes of the Colville Reservation.
(4) Computed annual payment.--The term ``Computed Annual
Payment'' means the payment calculated under paragraph 2.b. of
the Colville Settlement Agreement, without regard to any
increase or decrease in the payment under section 2.d. of the
agreement.
(5) Confederated tribes act.--The term ``Confederated
Tribes Act'' means the Confederated Tribes of the Colville
Reservation Grand Coulee Dam Settlement Act (Public Law 103-
436; 108 Stat. 4577).
(6) Fund.--The term ``Fund'' means the Spokane Tribe of
Indians Recovery Trust Fund established by section 5.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Spokane business council.--The term ``Spokane Business
Council'' means the governing body of the Spokane Tribe under
the constitution of the Spokane Tribe.
(9) Spokane tribe.--The term ``Spokane Tribe'' means the
Spokane Tribe of Indians of the Spokane Reservation,
Washington.
SEC. 5. SPOKANE TRIBE OF INDIANS RECOVERY TRUST FUND.
(a) Establishment of Fund.--There is established in the Treasury of
the United States a separate account to be known as the ``Spokane Tribe
of Indians Recovery Trust Fund'', consisting of--
(1) amounts deposited in the Fund under subsection (b); and
(2) any interest earned on investment of amounts in the
Fund.
(b) Deposits.--On October 1 of the first fiscal year after the date
of enactment of this Act, the Secretary of the Treasury shall, from the
general fund of the Treasury, deposit in the Fund $53,000,000.
(c) Maintenance and Investment of Fund.--The Fund shall be
maintained and invested by the Secretary in accordance with the Act of
June 24, 1938 (25 U.S.C. 162a).
(d) Payments to the Spokane Tribe.--
(1) In general.--At any time after the date on which the
Spokane Business Council has adopted a plan described in
subsection (e) and after amounts are deposited in the Fund, the
Spokane Business Council may request that all or a portion of
the amounts in the Fund be disbursed to the Spokane Tribe by
submitting to the Secretary written notice of the adoption by
the Spokane Business Council of a resolution requesting the
disbursement.
(2) Payment.--Not later than 60 days after the date on
which the Secretary receives notice under paragraph (1), the
Secretary shall disburse the amounts requested from the Fund to
the Spokane Tribe.
(e) Plan.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Spokane Business Council shall
prepare a plan that describes the manner in which the Spokane
Tribe intends to use amounts received under subsection (d) to
promote--
(A) economic development;
(B) infrastructure development;
(C) educational, health, recreational, and social
welfare objectives of the Spokane Tribe and the members
of the Spokane Tribe; or
(D) any combination of the activities described in
subparagraphs (A) through (C).
(2) Review and revision.--
(A) In general.--The Spokane Business Council shall
make available to the members of the Spokane Tribe for
review and comment a copy of the plan before the date
on which the plan is final, in accordance with
procedures established by the Spokane Business Council.
(B) Updates.--The Spokane Business Council may
update the plan on an annual basis, subject to the
condition that the Spokane Business Council provides
the members of the Spokane Tribe an opportunity to
review and comment on the updated plan.
SEC. 6. PAYMENTS BY ADMINISTRATOR.
(a) Initial Payment.--On March 1, 2017, the Administrator shall pay
to the Spokane Tribe an amount equal to 25 percent of the Computed
Annual Payment for fiscal year 2016.
(b) Subsequent Payments.--
(1) In general.--Not later than March 1, 2018, and March 1
of each year thereafter through March 1, 2026, the
Administrator shall pay the Spokane Tribe an amount equal to 25
percent of the Computed Annual Payment for the preceding fiscal
year.
(2) March 1, 2027, and subsequent years.--Not later than
March 1, 2027, and March 1 of each year thereafter, the
Administrator shall pay the Spokane Tribe an amount equal to 32
percent of the Computed Annual Payment for the preceding fiscal
year.
SEC. 7. TREATMENT AFTER AMOUNTS ARE PAID.
(a) Use of Payments.--Payments made to the Spokane Business Council
or Spokane Tribe under section 5 or 6 may be used or invested by the
Spokane Business Council in the same manner and for the same purposes
as other Spokane Tribe governmental amounts.
(b) No Trust Responsibility of the Secretary.--Neither the
Secretary nor the Administrator shall have any trust responsibility for
the investment, supervision, administration, or expenditure of any
amounts after the date on which the funds are paid to the Spokane
Business Council or Spokane Tribe under section 5 or 6.
(c) Treatment of Funds for Certain Purposes.--The payments of all
amounts to the Spokane Business Council and Spokane Tribe under
sections 5 and 6, and the interest and income generated by those
amounts, shall be treated in the same manner as payments under section
6 of the Saginaw Chippewa Indian Tribe of Michigan Distribution of
Judgment Funds Act (100 Stat. 677).
(d) Tribal Audit.--After the date on which amounts are paid to the
Spokane Business Council or Spokane Tribe under section 5 or 6, the
amounts shall--
(1) constitute Spokane Tribe governmental amounts; and
(2) be subject to an annual tribal government audit.
SEC. 8. REPAYMENT CREDIT.
(a) In General.--The Administrator shall deduct from the interest
payable to the Secretary of the Treasury from net proceeds (as defined
in section 13 of the Federal Columbia River Transmission System Act (16
U.S.C. 838k))--
(1) in fiscal year 2026, $2,700,000; and
(2) in each subsequent fiscal year in which the
Administrator makes a payment under section 6, $2,700,000.
(b) Crediting.--
(1) In general.--Except as provided in paragraphs (2) and
(3), each deduction made under this section for the fiscal year
shall be--
(A) a credit to the interest payments otherwise
payable by the Administrator to the Secretary of the
Treasury during the fiscal year in which the deduction
is made; and
(B) allocated pro rata to all interest payments on
debt associated with the generation function of the
Federal Columbia River Power System that are due during
the fiscal year.
(2) Deduction greater than amount of interest.--If, in an
applicable fiscal year under paragraph (1), the deduction is
greater than the amount of interest due on debt associated with
the generation function for the fiscal year, the amount of the
deduction that exceeds the interest due on debt associated with
the generation function shall be allocated pro rata to all
other interest payments due during the fiscal year.
(3) Credit.--To the extent that a deduction exceeds the
total amount of interest described in paragraphs (1) and (2),
the deduction shall be applied as a credit against any other
payments that the Administrator makes to the Secretary of the
Treasury.
SEC. 9. EXTINGUISHMENT OF CLAIMS.
On the deposit of amounts in the Fund under section 5, all monetary
claims that the Spokane Tribe has or may have against the United States
to a fair share of the annual hydropower revenues generated by the
Grand Coulee Dam project for the past and continued use of land of the
Spokane Tribe for the production of hydropower at Grand Coulee Dam
shall be extinguished.
SEC. 10. ADMINISTRATION.
Nothing in this Act establishes any precedent or is binding on the
Southwestern Power Administration, Western Area Power Administration,
or Southeastern Power Administration. | . Spokane Tribe of Indians of the Spokane Reservation Equitable Compensation Act (Sec. 5) This bill establishes the Spokane Tribe of Indians Recovery Trust Fund to compensate the Spokane Business Council for the use of tribal lands for the generation of hydropower from the Grand Coulee Dam. The council must prepare a plan for the use of those payments to promote any combination of: (1) economic development; (2) infrastructure development; or (3) educational, health, recreational, and social welfare objectives of the tribe and its members. (Sec. 6) The Bonneville Power Administration must make specified settlement payments to the tribe. (Sec. 7) Payments made to the council or tribe may be used or invested by the council in the same manner as other tribal governmental funds. Amounts paid to the council are subject to an annual tribal government audit. (Sec. 8) The Bonneville Power Administration is credited a specified amount on interest payments otherwise payable to the Department of the Treasury. (Sec. 9) Deposit of amounts in the fund extinguishes all monetary claims that the tribe may have against the United States to a fair share of the annual hydropower revenues generated by the Grand Coulee Dam. | Spokane Tribe of Indians of the Spokane Reservation Equitable Compensation Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southwest Bridge Research Center
Establishment Act of 2005''.
SEC. 2. BRIDGE RESEARCH CENTER.
Section 5505 of title 49, United States Code, is amended by adding
at the end the following:
``(k) Southwest Bridge Research Center.--
``(1) In general.--In addition to the university
transportation centers receiving grants under subsections (a)
and (b), the Secretary shall provide grants to New Mexico State
University, in collaboration with the Oklahoma Transportation
Center, to establish and operate a university transportation
center to be known as the `Southwest Bridge Research Center'
(referred to in this subsection as the `Center').
``(2) Purpose.--The purpose of the Center shall be to
contribute at a national level to a systems approach to
improving the overall performance of bridges, with an emphasis
on--
``(A) increasing the number of highly skilled
individuals entering the field of transportation;
``(B) improving the monitoring of structural health
over the life of bridges;
``(C) developing innovative technologies for bridge
testing and assessment;
``(D) developing technologies and procedures for
ensuring bridge safety, reliability, and security; and
``(E) providing training in the methods for bridge
inspection and evaluation.
``(3) Objectives.--The Center shall carry out--
``(A) basic and applied research, the products of
which shall be judged by peers or other experts in the
field to advance the body of knowledge in
transportation;
``(B) an education program that includes
multidisciplinary course work and participation in
research; and
``(C) an ongoing program of technology transfer
that makes research results available to potential
users in a form that can be implemented.
``(4) Maintenance of effort.--To be eligible to receive a
grant under this subsection, the institution specified in
paragraph (1) shall enter into an agreement with the Secretary
to ensure that, for each fiscal year after establishment of the
Center, the institution will fund research activities relating
to transportation in an amount that is at least equal to the
average annual amount of funds expended for the activities for
the 2 fiscal years preceding the fiscal year in which the grant
is received.
``(5) Cost sharing.--
``(A) Federal share.--The Federal share of the cost
of any activity carried out using funds from a grant
provided under this subsection shall be 50 percent.
``(B) Non-federal share.--The non-Federal share of
the cost of any activity carried out using funds from a
grant provided under this subsection may include funds
provided to the recipient under any of sections 503,
504(b), and 505 of title 23.
``(C) Ongoing programs.--After establishment of the
Center, the institution specified in paragraph (1)
shall obligate for each fiscal year not less than
$200,000 in regularly budgeted institutional funds to
support ongoing transportation research and education
programs.
``(6) Program coordination.--
``(A) Coordination.--The Secretary shall--
``(i) coordinate the research, education,
training, and technology transfer activities
carried out by the Center;
``(ii) disseminate the results of that
research; and
``(iii) establish and operate a
clearinghouse for information derived from that
research.
``(B) Annual review and evaluation.--At least
annually, and in accordance with the plan developed
under section 508 of title 23, the Secretary shall
review and evaluate each program carried out by the
Center using funds from a grant provided under this
subsection.
``(7) Limitation on availability of funds.--Funds made
available to carry out this subsection shall remain available
for obligation for a period of 2 years after the last day of
the fiscal year for which the funds are authorized.
``(8) Amount of grant.--For each of fiscal years 2005
through 2010, the Secretary shall provide a grant in the amount
of $3,000,000 to the institution specified in paragraph (1) to
carry out this subsection.
``(9) Authorization of appropriations.--There is authorized
to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this subsection $3,000,000
for each of fiscal years 2005 through 2010.''. | Southwest Bridge Research Center Establishment Act of 2005 - Amends Federal transportation law to direct the Secretary of Transportation to provide grants to New Mexico State University, in collaboration with the Oklahoma Transportation Center, to establish the Southwest Bridge Research Center to contribute at a national level to a systems approach to improving the overall performance of bridges. | A bill to amend title 49, United States Code, to establish a university transportation center to be known as the "Southwest Bridge Research Center". |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saddleback Mountain-Arizona
Settlement Act of 1995''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Salt River Pima-Maricopa Indian Community and the city
of Scottsdale, Arizona, have a longstanding interest in a 701-acre
tract of land known as the ``Saddleback Property'', that lies
within the boundaries of the City and abuts the north boundary of
the Salt River Pima-Maricopa Indian Reservation;
(2) the Saddleback Property includes Saddleback Mountain and
scenic hilly terrain along the Shea Boulevard corridor in
Scottsdale, Arizona, that--
(A) has significant conservation value; and
(B) is of historic and cultural significance to the
Community;
(3) in 1989, the Resolution Trust Corporation acquired the
Saddleback Property as a receiver for the Sun City Savings and Loan
Association;
(4) after the Saddleback Property was noticed for sale by the
Resolution Trust Corporation, a dispute between the Community and
the City arose concerning the future ownership, use, and
development of the Saddleback Property;
(5) the Community and the City each filed litigation with
respect to that dispute, but in lieu of pursuing that litigation,
the Community and the City negotiated a Settlement Agreement that--
(A) addresses the concerns of each of those parties with
respect to the future use and development of the Saddleback
Property; and
(B) provides for the dismissal of the litigation;
(6) under the Settlement Agreement, subject to detailed use and
development agreements--
(A) the Community will purchase a portion of the Saddleback
Property; and
(B) the City will purchase the remaining portion of that
property; and
(7) the Community and the City agree that the enactment of
legislation by Congress to ratify the Settlement Agreement is
necessary in order for--
(A) the Settlement Agreement to become effective; and
(B) the United States to take into trust the property
referred to in paragraph (6)(A) and make that property a part
of the Reservation.
(b) Purposes.--The purposes of this Act are--
(1) to approve and confirm the Settlement, Release, and
Property Conveyance Agreement executed by the Community, the City,
and the Resolution Trust Corporation;
(2) to ensure that the Settlement Agreement (including the
Development Agreement, the Use Agreement, and all other associated
ancillary agreements and exhibits)--
(A) is carried out; and
(B) is fully enforceable in accordance with its terms,
including judicial remedies and binding arbitration provisions;
and
(3) to provide for the taking into trust by the United States
of the portion of the Saddleback Property purchased by the
Community in order to make that portion a part of the Reservation.
SEC. 3. DEFINITIONS.
For the purposes of this Act, the following definitions shall
apply:
(1) City.--The term ``City'' means the city of Scottsdale,
Arizona, which is a municipal corporation in the State of Arizona.
(2) Community.--The term ``Community'' means the Salt River
Pima-Maricopa Indian Community, which is a federally recognized
Indian tribe.
(3) Dedication property.--The term ``Dedication Property''
means a portion of the Saddleback Property, consisting of
approximately 27 acres of such property, that the City will acquire
in accordance with the Settlement Agreement.
(4) Development agreement.--The term ``Development Agreement''
means the agreement between the City and the Community, executed on
September 11, 1995, that sets forth conditions and restrictions
that--
(A) are supplemental to the Settlement, Release and
Property Conveyance Agreement referred to in paragraph (11)(A);
and
(B) apply to the future use and development of the
Development Property.
(5) Development property.--The term ``Development Property''
means a portion of the Saddleback Property, consisting of
approximately 211 acres, that the Community will acquire in
accordance with the Settlement Agreement.
(6) Mountain property.--The term ``Mountain Property'' means a
portion of the Saddleback Property, consisting of approximately 365
acres, that the Community will acquire in accordance with the
Settlement Agreement.
(7) Preservation property.--The term ``Preservation Property''
means a portion of the Saddleback Property, consisting of
approximately 98 acres, that the City will acquire in accordance
with the Settlement Agreement.
(8) Reservation.--The term ``Reservation'' means the Salt River
Pima-Maricopa Indian Reservation.
(9) Saddleback property.--The term ``Saddleback Property''
means a tract of land that--
(A) consists of approximately 701 acres within the city of
Scottsdale, Arizona; and
(B) includes the Dedication Property, the Development
Property, the Mountain Property, and the Preservation Property.
(10) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(11) Settlement agreement.--The term ``Settlement Agreement''--
(A) means the Settlement, Release and Property Conveyance
Agreement executed on September 11, 1995, by the Community, the
City, and the Resolution Trust Corporation (in its capacity as
the Receiver for the Sun State Savings and Loan Association,
F.S.A.); and
(B) includes the Development Agreement, the Use Agreement,
and all other associated ancillary agreements and exhibits.
(12) Use agreement.--The term ``Use Agreement'' means the
agreement between the City and the Community, executed on September
11, 1995, that sets forth conditions and restrictions that--
(A) are supplemental to the Settlement, Release and
Property Conveyance Agreement referred to in paragraph (11)(A);
and
(B) apply to the future use and development of the Mountain
Property.
SEC. 4. APPROVAL OF AGREEMENT.
The Settlement Agreement is hereby approved and ratified and shall
be fully enforceable in accordance with its terms and the provisions of
this Act.
SEC. 5. TRANSFER OF PROPERTIES.
(a) In General.--Upon satisfaction of all conditions to closing set
forth in the Settlement Agreement, the Resolution Trust Corporation
shall transfer, pursuant to the terms of the Settlement Agreement--
(1) to the Secretary, the Mountain Property and the Development
Property purchased by the Community from the Resolution Trust
Corporation; and
(2) to the City, the Preservation Property and the Dedication
Property purchased by the City from the Resolution Trust
Corporation.
(b) Trust Status.--The Mountain Property and the Development
Property transferred pursuant to subsection (a)(1) shall, subject to
sections 6 and 7--
(1) be held in trust by the United States for the Community;
and
(2) become part of the Reservation.
(c) Limitation on Liability.--Notwithstanding any other provision
of law, the United States shall not incur any liability for conditions,
existing prior to the transfer, on the parcels of land referred to in
subsection (b) to be transferred to the United States in trust for the
Salt River Pima-Maricopa Indian Community.
(d) Records.--Upon the satisfaction of all of the conditions of
closing set forth in the Settlement Agreement, the Secretary shall file
a plat of survey depicting the Saddleback Property (that includes a
depiction of the Dedication Property, the Development Property, the
Mountain Property, and the Preservation Property) with--
(1) the office of the Recorder of Maricopa County, Arizona; and
(2) the Titles and Records Center of the Bureau of Indian
Affairs, located in Albuquerque, New Mexico.
SEC. 6. LIMITATIONS ON USE AND DEVELOPMENT.
Upon the satisfaction of all of the conditions of closing set forth
in the Settlement Agreement, the properties transferred pursuant to
paragraphs (1) and (2) of section 5(a) shall be subject to the
following limitations and conditions on use and development:
(1) Preservation property.--
(A) In general.--Except as provided in subparagraph (B),
the Preservation Property shall be forever preserved in its
natural state for use only as a public park or recreation area
that shall--
(i) be utilized and maintained for the purposes set
forth in section 4(C) of the Settlement Agreement; and
(ii) be subject to the restrictions set forth in
section 4(C) of the Settlement Agreement.
(B) Shea boulevard.--At the sole discretion of the City, a
portion of the Preservation Property may be used to widen,
reconfigure, repair, or reengineer Shea Boulevard in accordance
with section 4(D) of the Settlement Agreement.
(2) Dedication property.--The Dedication Property shall be used
to widen, reconfigure, repair, or reengineer Shea Boulevard and
136th Street, in accordance with sections 4(D) and 7 of the
Settlement Agreement.
(3) Mountain property.--Except for the areas in the Mountain
Property referred to as Special Cultural Land in section 5(C) of
the Settlement Agreement, the Mountain Property shall be forever
preserved in its natural state for use only as a public park or
recreation area that shall--
(A) be utilized and maintained for the purposes set forth
in section 5(C) of the Settlement Agreement; and
(B) be subject to the restrictions set forth in section
5(C) of the Settlement Agreement.
(4) Development property.--The Development Property shall be
used and developed for the economic benefit of the Community in
accordance with the provisions of the Settlement Agreement and the
Development Agreement.
SEC. 7. AMENDMENTS TO THE SETTLEMENT AGREEMENT.
No amendment made to the Settlement Agreement (including any
deviation from an approved plan described in section 9(B) of the
Settlement Agreement) shall become effective, unless the amendment--
(1) is made in accordance with the applicable requirements
relating to the form and approval of the amendment under sections
9(B) and 34 of the Settlement Agreement; and
(2) is consistent with the provisions of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Saddleback Mountain-Arizona Settlement Act of 1995 - Approves and ratifies the Settlement Agreement providing for the transfer of certain lands by the Resolution Trust Corporation to the Salt River Pima-Maricopa Indian Community (to be held in trust by the Department of the Interior) and the City of Scottsdale, Arizona. Directs the Corporation to make such land transfer.
Declares that the United States shall not be liable for any preexisting conditions on the land to be held (by the United States) in trust for the Community.
Sets forth land use limitations (public use and development property). | Saddleback Mountain-Arizona Settlement Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting American Jobs Act''.
SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT.
(a) Duties of the General Counsel and Administrative Law Judges.--
The National Labor Relations Act (29 U.S.C. 151 et seq.) is amended--
(1) in section 3(d) (29 U.S.C. 153(d)), by striking
``investigation of charges and issuance of complaints under
section 10, and in respect of the prosecution of such
complaints before the Board'' and inserting ``investigation of
allegations under section 10''; and
(2) in section 4(a) (29 U.S.C. 154(a)), by striking the
fourth sentence.
(b) Clarification of the Board's Rulemaking Authority.--Section 6
of such Act (29 U.S.C. 156) is amended by adding at the end the
following: ``Such rulemaking authority shall be limited to rules
concerning the internal functions of the Board. The Board shall not
promulgate rules or regulations that affect the substantive or
procedural rights of any person, employer, employee, or labor
organization, including rules and regulations concerning unfair labor
practices and representation elections.''.
(c) Investigatory Power and Adjudicatory Authority Over Unfair
Labor Practice Allegations.--Section 10 of such Act (29 U.S.C. 160) is
amended--
(1) in subsection (a)--
(A) by striking ``prevent any person from engaging
in'' and inserting ``investigate''; and
(B) by striking ``This power shall'' and all that
follows through the end of the subsection;
(2) in subsection (b)--
(A) by striking ``Whenever it is charged'' and
inserting ``Whenever it is alleged'';
(B) by striking ``or is engaging in'' and inserting
``, is engaging in, or is about to engage in'';
(C) by striking ``the Board, or any agent'' and all
that follows through ``Provided, That no complaint
shall issue'' and inserting ``the aggrieved person may
bring a civil action for such relief (including an
injunction) as may be appropriate. Any such civil
action may be brought in the district court of the
United States where the violation occurred, or, at the
option of the parties, in the United States District
Court for the District of Columbia. No civil action may
be brought'';
(D) by striking ``charge with the Board'' and all
that follows through ``prevented from filing such
charge'' and inserting ``civil action, unless the
person aggrieved thereby was prevented from filing such
civil action''; and
(E) by striking ``Any such complaint may be
amended'' and all that follows through ``Any such
proceeding shall, so far as practicable,'' and
inserting ``Any proceeding under this subsection
shall'';
(3) by striking subsections (c) through (k);
(4) by redesignating subsections (l) and (m) as subsections
(c) and (d), respectively;
(5) in subsection (c) (as so redesignated)--
(A) by striking ``Whenever it is charged'' and
inserting ``Whenever it is alleged'';
(B) in the first sentence, by striking ``charge''
and inserting ``allegation''; and
(C) by striking ``such charge is true and that a
complaint should issue, he shall'' and all that follows
through the end of the subsection and inserting ``such
allegation is true, the officer or regional attorney
shall, on behalf of the Board, submit a written summary
of the findings to all parties involved in the alleged
unfair labor practice.''; and
(6) in subsection (d) (as so redesignated)--
(A) by striking ``Whenever it is charged'' and
inserting ``Whenever it is alleged'';
(B) by striking ``such charge'' and inserting
``such allegation''; and
(C) by striking ``and cases given priority under
subsection (i)''.
(d) Conforming Amendments.--The National Labor Relations Act (29
U.S.C. 151 et seq.) is amended--
(1) in section 9 (29 U.S.C. 159)--
(A) in subsection (c)(2), by striking ``and in no
case shall the Board'' and all that follows through the
end of such subsection and inserting a period;
(B) by striking subsection (d); and
(C) by redesignating subsection (e) as subsection
(d);
(2) in section 3(b) (29 U.S.C. 153(b)), by striking ``or
(e) of section 9'' and inserting ``or (d) of section 9'';
(3) in section 8 (29 U.S.C. 158), by striking ``9(e)'' each
place it appears and inserting ``9(d)''; and
(4) in section 18 (29 U.S.C. 168), by striking ``section 10
(e) or (f)'' and inserting ``subsection (e) or (f) of section
10, as such subsections were in effect on the day before the
date of enactment of the Protecting American Jobs Act,''.
SEC. 3. REGULATIONS.
Not later than 6 months after the date of enactment of this Act,
the National Labor Relations Board shall review all regulations
promulgated before such date of enactment and revise or rescind any
such regulations as necessary to implement the amendment made by
section 2(b). | Protecting American Jobs Act This bill amends the National Labor Relations Act, with respect to the authority of the National Labor Relations Board, to: repeal the authority of the General Counsel ofthe board, to issue, and prosecute before the board, complaints of unfair labor practices; limit the board's rulemaking authority to rules concerning the internal functions of the board; prohibit the board from promulgating regulations affecting the substantive or procedural rights of any person, employer, employee, or labor organization, including rules concerning unfair labor practices and representation elections; repeal the board's authority to prevent persons from engaging in unfair labor practices, limiting such authority to the investigation of allegations of such practices; and repeal the board's authority to petition courts for enforcement of its orders, seek injunctions, or hold hearings on jurisdictional strikes. | Protecting American Jobs Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stem Cell Therapeutic and Research
Reauthorization Act of 2010''.
SEC. 2. AMENDMENTS TO THE STEM CELL THERAPEUTIC AND RESEARCH ACT OF
2005.
(a) Cord Blood Inventory.--Section 2 of the Stem Cell Therapeutic
and Research Act of 2005 (42 U.S.C. 274k note) is amended--
(1) in subsection (a), by inserting ``the inventory goal of
at least'' before ``150,000'';
(2) in subsection (c)--
(A) in paragraph (2), by striking ``or is
transferred'' and all that follows through the period
and inserting ``for a first-degree relative.''; and
(B) in paragraph (3), by striking ``150,000'';
(3) in subsection (d)--
(A) in paragraph (1), by inserting ``beginning on
the last date on which the recipient of a contract
under this section receives Federal funds under this
section'' after ``10 years'';
(B) in paragraph (2), by striking ``; and'' and
inserting ``;'';
(C) by redesignating paragraph (3) as paragraph
(5); and
(D) by inserting after paragraph (2) the following:
``(3) will provide a plan to increase cord blood unit
collections at collection sites that exist at the time of
application, assist with the establishment of new collection
sites, or contract with new collection sites;
``(4) will annually provide to the Secretary a plan for,
and demonstrate, ongoing measurable progress toward achieving
self-sufficiency of cord blood unit collection and banking
operations; and'';
(4) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``10 years'' and inserting
``a period of at least 10 years beginning on
the last date on which the recipient of a
contract under this section receives Federal
funds under this section''; and
(ii) by striking the second sentence and
inserting ``The Secretary shall ensure that no
Federal funds shall be obligated under any such
contract after the date that is 5 years after
the date on which the contract is entered into,
except as provided in paragraphs (2) and
(3).'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``Subject to
paragraph (1)(B), the'' and inserting
``The''; and
(II) by striking ``3'' and
inserting ``5'';
(ii) in subparagraph (A) by striking
``150,000'' and all that follows through
``and'' at the end and inserting ``the
inventory goal described in subsection (a) has
not yet been met;'';
(iii) in subparagraph (B)--
(I) by inserting ``meeting the
requirements under subsection (d)''
after ``receive an application for a
contract under this section''; and
(II) by striking ``or the
Secretary'' and all that follows
through the period at the end and
inserting ``; or''; and
(iv) by adding at the end the following:
``(C) the Secretary determines that the outstanding
inventory need cannot be met by the qualified cord
blood banks under contract under this section.''; and
(C) by striking paragraph (3) and inserting the
following:
``(3) Extension eligibility.--A qualified cord blood bank
shall be eligible for a 5-year extension of a contract awarded
under this section, as described in paragraph (2), provided
that the qualified cord blood bank--
``(A) demonstrates a superior ability to satisfy
the requirements described in subsection (b) and
achieves the overall goals for which the contract was
awarded;
``(B) provides a plan for how the qualified cord
blood bank will increase cord blood unit collections at
collection sites that exist at the time of
consideration for such extension of a contract, assist
with the establishment of new collection sites, or
contract with new collection sites; and
``(C) annually provides to the Secretary a plan
for, and demonstrates, ongoing measurable progress
toward achieving self-sufficiency of cord blood unit
collection and banking operations.'';
(5) in subsection (g)(4), by striking ``or parent''; and
(6) in subsection (h)--
(A) by striking paragraphs (1) and (2) and
inserting the following:
``(1) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary to carry out the
program under this section $23,000,000 for each of fiscal years
2011 through 2014 and $20,000,000 for fiscal year 2015.'';
(B) by redesignating paragraph (3) as paragraph
(2); and
(C) in paragraph (2), as so redesignated, by
striking ``in each of fiscal years 2007 through 2009''
and inserting ``for each of fiscal years 2011 through
2015''.
(b) National Program.--Section 379 of the Public Health Service Act
(42 U.S.C. 274k) is amended--
(1) by striking subsection (a)(6) and inserting the
following:
``(6) The Secretary, acting through the Administrator of
the Health Resources and Services Administration, shall submit
to Congress an annual report on the activities carried out
under this section.'';
(2) in subsection (d)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``With respect to cord blood,
the Program shall--'' and inserting the
following:
``(A) In general.--With respect to cord blood, the
Program shall--'';
(ii) by redesignating subparagraphs (A)
through (H) as clauses (i) through (viii)
respectively (with appropriate indentation);
(iii) by striking clause (iv), as so
redesignated, and inserting the following:
``(iv) support and expand new and existing
studies and demonstration and outreach projects
for the purpose of increasing cord blood unit
donation and collection from a genetically
diverse population and expanding the number of
cord blood unit collection sites partnering
with cord blood banks receiving a contract
under the National Cord Blood Inventory program
under section 2 of the Stem Cell Therapeutic
and Research Act of 2005, including such
studies and projects that focus on--
``(I) remote collection of cord
blood units, consistent with the
requirements under the Program and the
National Cord Blood Inventory program
goal described in section 2(a) of the
Stem Cell Therapeutic and Research Act
of 2005; and
``(II) exploring novel approaches
or incentives to encourage innovative
technological advances that could be
used to collect cord blood units,
consistent with the requirements under
the Program and such National Cord
Blood Inventory program goal;''; and
(iv) by adding at the end the following:
``(B) Efforts to increase collection of high
quality cord blood units.--In carrying out subparagraph
(A)(iv), not later than 1 year after the date of
enactment of the Stem Cell Therapeutic and Research
Reauthorization Act of 2010 and annually thereafter,
the Secretary shall set an annual goal of increasing
collections of high quality cord blood units,
consistent with the inventory goal described in section
2(a) of the Stem Cell Therapeutic and Research Act of
2005 (referred to in this subparagraph as the
`inventory goal'), and shall identify at least one
project under subparagraph (A)(iv) to replicate and
expand nationwide, as appropriate. If the Secretary
cannot identify a project as described in the preceding
sentence, the Secretary shall submit a plan, not later
than 180 days after the date on which the Secretary was
required to identify such a project, to the Committee
on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House
of Representatives for expanding remote collection of
high quality cord blood units, consistent with the
requirements under the National Cord Blood Inventory
program under section 2 of the Stem Cell Therapeutic
and Research Act of 2005 and the inventory goal. Each
such plan shall be made available to the public.
``(C) Definition.--In this paragraph, the term
`remote collection' means the collection of cord blood
units at locations that do not have written contracts
with cord blood banks for collection support.''; and
(B) in paragraph (3)(A), by striking ``(2)(A)'' and
inserting ``(2)(A)(i)''; and
(3) by striking subsection (f)(5)(A) and inserting the
following:
``(A) require the establishment of a system of
strict confidentiality to protect the identity and
privacy of patients and donors in accordance with
Federal and State law; and''.
(c) Additional Reports.--
(1) Interim report.--In addition to the annual report
required under section 379(a)(6) of the Public Health Service
Act (42 U.S.C. 274k(a)(6)), the Secretary of Health and Human
Services (referred to in this subsection as the ``Secretary''),
in consultation with the Advisory Council established under
such section 379, shall submit to Congress an interim report
not later than 180 days after the date of enactment of this Act
describing--
(A) the methods to distribute Federal funds to cord
blood banks used at the time of submission of the
report;
(B) how cord blood banks contract with collection
sites for the collection of cord blood units; and
(C) recommendations for improving the methods to
distribute Federal funds described in subparagraph (A)
in order to encourage the efficient collection of high-
quality and diverse cord blood units.
(2) Recommendations.--Not later than 1 year after the date
of enactment of this Act, the Advisory Council shall submit
recommendations to the Secretary with respect to--
(A) whether models for remote collection of cord
blood units should be allowed only with limited,
scientifically-justified safety protections; and
(B) whether the Secretary should allow for cord
blood unit collection from routine deliveries without
temperature or humidity monitoring of delivery rooms in
hospitals approved by the Joint Commission.
(d) Authorization of Appropriations.--Section 379B of the Public
Health Service Act (42 U.S.C. 274m) is amended by striking
``$34,000,000'' and all that follows through the period at the end, and
inserting ``$30,000,000 for each of fiscal years 2011 through 2014 and
$33,000,000 for fiscal year 2015.''.
(e) Report on Cord Blood Unit Donation and Collection.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Health, Education,
Labor, and Pensions and the Committee on Appropriations of the
Senate, the Committee on Energy and Commerce and the Committee
on Appropriations of the House of Representatives, and the
Secretary of Health and Human Services a report reviewing
studies, demonstration programs, and outreach efforts for the
purpose of increasing cord blood unit donation and collection
for the National Cord Blood Inventory to ensure a high-quality
and genetically diverse inventory of cord blood units.
(2) Contents.--The report described in paragraph (1) shall
include a review of such studies, demonstration programs, and
outreach efforts under section 2 of the Stem Cell Therapeutic
and Research Act of 2005 (42 U.S.C. 274k note) (as amended by
this Act) and section 379 of the Public Health Service Act (42
U.S.C. 274k) (as amended by this Act), including--
(A) a description of the challenges and barriers to
expanding the number of cord blood unit collection
sites, including cost, the cash flow requirements and
operations of awarding contracts, the methods by which
funds are distributed through contracts, the impact of
regulatory and administrative requirements, and the
capacity of cord blood banks to maintain high-quality
units;
(B) remote collection or other innovative
technological advances that could be used to collect
cord blood units;
(C) appropriate methods for improving provider
education about collecting cord blood units for the
national inventory and participation in such collection
activities;
(D) estimates of the number of cord blood unit
collection sites necessary to meet the outstanding
national inventory need and the characteristics of such
collection sites that would help increase the genetic
diversity and enhance the quality of cord blood units
collected;
(E) best practices for establishing and sustaining
partnerships for cord blood unit collection at medical
facilities with a high number of minority births;
(F) potential and proven incentives to encourage
hospitals to become cord blood unit collection sites
and partner with cord blood banks participating in the
National Cord Blood Inventory under section 2 of the
Stem Cell Therapeutic and Research Act of 2005 and to
assist cord blood banks in expanding the number of cord
blood unit collection sites with which such cord blood
banks partner;
(G) recommendations about methods cord blood banks
and collection sites could use to lower costs and
improve efficiency of cord blood unit collection
without decreasing the quality of the cord blood units
collected; and
(H) a description of the methods used prior to the
date of enactment of this Act to distribute funds to
cord blood banks and recommendations for how to improve
such methods to encourage the efficient collection of
high-quality and diverse cord blood units, consistent
with the requirements of the C.W. Bill Young Cell
Transplantation Program and the National Cord Blood
Inventory program under section 2 of the Stem Cell
Therapeutic and Research Act of 2005.
(f) Definition.--In this Act, the term ``remote collection'' has
the meaning given such term in section 379(d)(2)(C) of the Public
Health Service Act. | Stem Cell Therapeutic and Research Reauthorization Act of 2010 - (Sec. 2) Amends the Stem Cell Therapeutic and Research Act of 2005 to revise provisions related to the National Cord Blood Inventory (the Inventory), including to establish an inventory goal of at least 150,000 new units of cord blood to be made available under the C.W. Bill Young Cell Transplantation Program (the Program). (Currently, the number of units of cord blood is capped at 150,000.)
Revises application requirements for cord blood banks participating in the Inventory to require such banks to: (1) make assurances that cord blood units will be available for direct transplantation until it is released for transplantation for a first degree relative; (2) participate in the Program for a period of at least ten years, beginning on the last date on which the recipient receives federal funds under a contract; (3) provide a plan to increase cord blood unit collections at collection sites that exist at the time of application, assist with the establishment of new collection sites, or contract with new collection sites; and (4) annually provide to the Secretary of Health and Human Services (HHS) a plan for, and demonstrate, ongoing measurable progress toward achieving self-sufficiency of cord blood unit collection and banking operations.
Revises the requirements for a contract extension to make a qualified cord blood bank eligible for a five-year extension if the bank demonstrates a superior ability to satisfy the requirements of the contract and achieve the overall goals for which the contract was awarded.
Redefines the term "first-degree relative" to exclude a parent.
Authorizes appropriations for FY2011-FY2015 for the Inventory.
Amends the Public Health Service Act to require the Program to support and expand studies and demonstration and outreach projects that focus on: (1) remote collection of cord blood units; and (2) novel approaches or incentives to encourage innovative technological advances that could be used to collect cord blood units. Defines "remote collection" to mean the collection of cord blood units at locations that do not have written contracts with cord blood banks for collection support.
Requires the Secretary to: (1) set an annual goal of increasing collections of high quality cord blood units; (2) identify at least one demonstration or outreach project to replicate and expand nationwide, as appropriate; and (3) submit a plan for meeting such goal to the relevant congressional committees if no such project can be identified.
Revises privacy requirements to protect the identity and privacy of patients and donors in accordance with federal and state law.
Requires the Secretary to submit an interim report to Congress within 180 days of enactment of this Act describing: (1) the methods to distribute federal funds to cord blood banks; (2) how cord blood banks contract with collection sites for the collection of cord blood units; and (3) recommendations for improving the methods to distribute federal funds to encourage the efficient collection of high-quality and diverse cord blood units. Directs the Advisory Council on Blood Stem Cell Transplantation to submit recommendations to the Secretary with respect to remote collection of cord blood units.
Authorizes appropriations for FY2011-FY2015 to carry out the Program.
Directs the Comptroller General to submit to the relevant congressional committees and the Secretary a report reviewing studies, demonstration programs, and outreach efforts for the purpose of increasing cord blood unit donation and collection for the Inventory to ensure a high-quality and genetically diverse inventory of cord blood units. | To amend the Stem Cell Therapeutic and Research Act of 2005. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dirty Bomb Prevention Act''.
SEC. 2. RADIATION SOURCE PROTECTION.
(a) Amendment.--Chapter 14 of the Atomic Energy Act of 1954 (42
U.S.C. 2201 et seq.) is amended by adding at the end the following new
section:
``Sec. 170C. Radiation Source Protection.--
``a. Task Force on Sealed Source Protection.--
``(1) Establishment.--There is hereby established a task
force on sealed source protection.
``(2) Membership.--The task force shall be headed by the
Chairman of the Commission or his designee. Its members shall
be the following:
``(A) The Secretary of Homeland Security or his
designee.
``(B) The Secretary of Defense or his designee.
``(C) The Secretary of Energy or his designee.
``(D) The Secretary of Transportation or his
designee.
``(E) The Attorney General or his designee.
``(F) The Secretary of State or his designee.
``(G) The Director of the Central Intelligence
Agency or his designee.
``(H) The Director of the Federal Emergency
Management Agency or his designee.
``(I) The Director of the Federal Bureau of
Investigation or his designee.
``(3) Duties.--
``(A) In general.--The task force, in consultation
with other State, Federal, and local agencies and
members of the public, as appropriate, shall evaluate
and provide recommendations to ensure the security of
sealed sources from potential terrorist threats,
including acts of sabotage, theft, or use of such
sources in a radiological dispersal device.
``(B) Recommendations to congress and the
president.--Not later than 180 days after the date of
the enactment of this section, and not less than once
every 3 years thereafter, the task force shall submit a
report to Congress and to the President, in
unclassified form with a classified annex if necessary,
providing recommendations, including recommendations
for appropriate regulatory and legislative changes,
for--
``(i) the establishment of or modifications
to a classification system for sealed sources
based on their potential attractiveness to
terrorists and the extent of the threat to
public health and safety, taking into account
sealed source radioactivity levels,
dispersability, chemical and material form, for
radiopharmaceuticals, the availability of these
substances to physicians and patients whose
medical treatment relies on them, and other
factors as appropriate;
``(ii) the establishment of or
modifications to a national system for recovery
of sealed sources that have been lost or
stolen, taking into account the classification
system established under clause (i);
``(iii) the storage of sealed sources not
currently in use in a safe and secure manner;
``(iv) the establishment of or modification
to a national tracking system for sealed
sources, taking into account the classification
system established under clause (i);
``(v) the establishment of or modifications
to a national system to impose fees to be
collected from users of sealed sources, to be
refunded when the sealed sources are returned
or properly disposed of, or any other method to
ensure the return or proper disposal of sealed
sources;
``(vi) any modifications to export controls
on sealed sources necessary to ensure that
foreign recipients of sealed sources are able
and willing to control United States-origin
sealed sources in the same manner as United
States recipients;
``(vii) whether alternative technologies
are available that can perform some or all of
the functions currently performed by devices
that employ sealed sources, and if so, the
establishment of appropriate regulations and
incentives for the replacement of such devices
with alternative technologies in order to
reduce the number of sealed sources in the
United States; and
``(viii) the creation of or modifications
to procedures for improving the security of
sealed sources in use, transportation, and
storage, which may include periodic Commission
audits or inspections to ensure that sealed
sources are properly secured and can be fully
accounted for, Commission evaluation of
security measures, increased fines for
violations of Commission regulations relating
to security and safety measures applicable to
licensees who possess sealed sources,
background checks for certain individuals with
access to sealed sources, assurances of the
physical security of facilities that contain
sealed sources, and the screening of shipments
to facilities particularly at risk for sabotage
of sealed sources to ensure that they do not
contain explosives.
``b. Commission Actions.--Not later than 60 days after receipt by
Congress and the President of the report required under subsection
a.(3)(B), the Commission, in accordance with the recommendations of the
task force, shall take any appropriate actions, including commencing
revision of its system for licensing sealed sources, and shall take
necessary steps to ensure that States that have entered into an
agreement under section 274 b. establish compatible programs in a
timely manner.
``c. National Academy of Sciences Study.--Not later than 60 days
after the date of the enactment of this section, the Commission shall
enter into an arrangement with the National Academy of Sciences for a
study of industrial, research, and commercial uses for sealed sources.
The study shall review the current uses for sealed sources, identifying
industrial or other processes that utilize sealed sources that could be
replaced with economically and technically equivalent (or improved)
processes that do not require the use of radioactive materials. The
Commission shall transmit the results of the study to Congress within
24 months after the date of the enactment of this section.
``d. Definition.--For purposes of this section, the term `sealed
source' means any byproduct material or special nuclear material
encased in a capsule designed to prevent leakage or escape of the
material, except that such term does not include fuel or spent fuel.''.
(b) Table of Sections Amendment.--The table of sections of the
Atomic Energy Act of 1954 is amended by adding at the end of the items
relating to chapter 14 the following new items:
``Sec. 170B. Uranium supply.
``Sec. 170C. Radiation source protection.''. | Dirty Bomb Prevention Act - Amends the Atomic Energy Act of 1954 to establish a task force on protection of sealed sources (any byproduct material or special nuclear material, except fuel or spent fuel, encased in a capsule designed to prevent leakage or escape). Requires the task force to: (1) provide recommendations to ensure the security of sealed sources from potential terrorist threats, including acts of sabotage, theft, or use of such sources in a radiological dispersal device; and (2) report triennially to Congress and to the President on recommended regulatory and legislative changes for specified security enhancements pertaining to sealed sources. | To establish a task force to evaluate and make recommendations with respect to the security of sealed sources of radioactive materials, and for other purposes. |
SECTION 1. ALEXANDER CREEK VILLAGE RECOGNITION.
The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is
amended by adding at the end the following:
``alexander creek village recognition
``Sec. 43.
``(a) Recognition of the Village of Alexander Creek.--Alexander
Creek, located within Township 15N, Range 7W, Seward Meridian, Alaska,
is an eligible Native village under section 11(b)(3).
``(b) Definitions.--For the purposes of this section, the following
terms apply:
``(1) The term `agency' includes--
``(A) any instrumentality of the United States;
``(B) any element of an agency; and
``(C) any wholly owned or mixed-owned corporation
of the United States Government identified in chapter
91 of title 31, United States Code.
``(2) The term `conservation system unit' has the meaning
given that term in the Alaska National Interest Lands
Conservation Act.
``(3) The term `Alexander Creek' means Alexander Creek
Incorporated, an Alaska Native Group corporation, organized
pursuant to this Act.
``(4) The term `property' has the meaning given that term
in Public Law 94-204 (43 U.S.C. 1611 note).
``(5) The term `Region' means Cook Inlet Region
Incorporated, an Alaska Native Regional Corporation, which is
the appropriate Regional Corporation for Alexander Creek under
section 1613(h).
``(c) Establishment.--(1) The Secretary of the Treasury, in
consultation with the Secretary of the Interior, shall establish an
account in the Treasury to be known as the `Alexander Creek account'.
``(2) Funds in the Alexander Creek account shall--
``(A) be available to Alexander Creek for bidding on and
purchasing property sold at public sale, subject to paragraph
(3); and
``(B) remain available until expended.
``(3)(A) Alexander Creek may use funds in the Alexander Creek
account to bid as any other bidder for property in Alaska at any public
sale by an agency and may purchase such property in accordance with
applicable laws and regulations of the agency offering the property for
sale.
``(B) In conducting a transaction described in subparagraph (A), an
agency shall accept, in the same manner as cash, any amount tendered
from the Alexander Creek account. The Secretary of the Treasury shall
adjust the balance of the Alexander Creek account to reflect the
transaction.
``(C) The Secretary of the Treasury, in consultation with the
Secretary of the Interior, shall establish procedures for the following
transactions related to the Alexander Creek account:
``(i) Receipt of deposits.
``(ii) Receipt of deposits into escrow when an escrow is
required for the sale of property.
``(iii) Reinstatement to the Alexander Creek account of any
unused escrow deposits in the event that a sale of property is
not consummated.
``(d) Land Exchange.--The Secretary of the Interior shall enter
into negotiations to attempt to conclude, under the authority of
section 22(f), a land exchange to acquire the surface estate in lands
not within any conservation system unit from the State of Alaska or the
Matanuska-Susitna Borough under the same procedures set forth in
section 22(f) to enable Alexander Creek to select additional public
lands within Alexander Creek's original withdrawal area in Alaska, as
identified by Alexander Creek.
``(e) Amount.--(1) The initial balance of the Alexander Creek
account shall be the fair market value of the surface estate of the
approximately 61,440 acres of deficiency selections made by Alexander
Creek, as depicted on the map entitled `____________' and dated
____________.
``(2) If a conveyance is made to Alexander Creek pursuant to
subsection (d), the Alexander Creek account shall be reduced by the
amount of the actual acres conveyed multiplied by the average value per
acre determined under subsection (g).
``(f) Subsurface Estate.--The subsurface estate to lands conveyed
to Alexander Creek under this section shall be conveyed, without
consideration, to the Region.
``(g) Appraisal.--(1)(A) The Secretary shall determine the amount
to be deposited into the Alexander Creek account by appraising the fair
market value, as of the date of the enactment of this section, of each
section selected as a separate parcel and considering that `public
interest' use may be the highest and best use of such parcels.
``(B) Alexander Creek shall have the opportunity to present
evidence of value to the Secretary. The Secretary shall provide
Alexander Creek with a preliminary draft of the appraisal. Alexander
Creek shall have a reasonable and sufficient opportunity to comment on
the appraisal.
``(2) The Secretary shall forward a certified copy of the appraisal
to Alexander Creek.
``(h) Implementation.--(1) Alexander Creek may assign without
restriction any or all of the Alexander Creek account upon written
notification to the Secretary of the Treasury and the Secretary of the
Interior. In the event that such an assignment is made to the Region,
on notice from Alexander Creek to the Secretary of the Treasury and the
Secretary of the Interior, the amount of such assignment shall be added
to or made a part of the Region's Property Account in the Treasury
established pursuant to section 12(b) of Public Law 94-204, and may be
used in the same manner as other funds in that account.
``(2) Upon certification by the Secretary of the Interior of the
appraisal completed pursuant to subsection (g), Alexander Creek shall
be deemed to have accepted the terms of this section in lieu of any
other land entitlement it could have received pursuant to this Act.
Such acceptance shall satisfy all claims Alexander Creek had or may
have had against the United States on the date of the enactment of this
section.
``(3) Any land conveyed to Alexander Creek pursuant to subsection
(e) shall be deemed to be a conveyance pursuant to this Act.
``(i) Treatment of Amounts From Account.--The Secretary of the
Treasury and the heads of agencies shall administer sales pursuant to
this section in the same manner as is provided for any other Native
village authorized by law as of the date of the enactment of this
section (including the use of similar accounts for bidding on and
purchasing property sold for public sale).
``(j) Limitation on Agents' and Attorneys' Fees.--No more than 2.5
percent of payments received by or on behalf of Alexander Creek under
this section may be paid to or received by any agent or attorney for
services rendered in connection with obtaining such payment, any
contract to the contrary notwithstanding. Any person who violates this
subsection shall be guilty of a misdemeanor and shall be subject to a
fine in the amount provided in title 18, United States Code.''. | Amends the Alaska Native Claims Settlement Act (ANCSA) Recognizes the village of Alexander Creek located in Alaska as an eligible Native village.
Directs the Secretary of the Treasury to establish an Alexander Creek account, the funds of which shall be available to Alexander Creek, Incorporated for bidding on and purchasing property sold at public sale.
Directs the Secretary of the Interior (the Secretary) to enter into negotiations to attempt to conclude a land exchange to acquire the surface estate in lands not within any conservation system unit from the State of Alaska or the Mantanuska-Susitna Borough to enable Alexander Creek to select additional public lands within Alexander Creek's original withdrawal area in Alaska.
Requires the: (1) the account's initial balance to be the fair market value of the surface estate of certain deficiency selections made by Alexander Creek; and (2) subsurface estate to the lands conveyed to Alexander Creek to be conveyed to Cook Inlet Region, Incorporated.
Deems Alexander Creek, upon certification by the Secretary of the appraisal described in this Act, to have accepted the terms of this Act in lieu of any other land entitlement it could have received pursuant to ANCSA. Declares that such acceptance shall satisfy all claims of Alexander Creek against the United States.
Deems any land conveyed to Alexander Creek pursuant to this Act to be a conveyance pursuant to ANCSA. | To amend that Alaska Native Claims Settlement Act to recognize Alexander Creek as Native village, and for other purposes. |
SECTION 1. HOUSE OF REPRESENTATIVES ELECTION LIMITATION ON
CONTRIBUTIONS FROM PERSONS OTHER THAN LOCAL INDIVIDUAL
RESIDENTS.
(a) In General.--Section 315 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441a), is amended by adding at the end the following
new subsection:
``(i)(1) A candidate for the office of Representative in, or
Delegate or Resident Commissioner to, the Congress may not, with
respect to a reporting period for an election, accept contributions--
(A) from persons other than individual residents of the
congressional district involved in excess of 40 percent of the
total of contributions accepted; or
(B) from persons other than individual residents of the
State in which the congressional district involved is located
in excess of 10 percent of the total of contributions
accepted.''.
SEC. 2. REDUCTION IN LIMITATION AMOUNT APPLICABLE TO CONTRIBUTIONS BY A
MULTICANDIDATE POLITICAL COMMITTEE TO A HOUSE OF
REPRESENTATIVES CANDIDATE.
Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971
(2 U.S.C. 441a(a)(2)(A)) is amended by inserting after ``$5,000'' the
following: ``, except that in the case of an election for the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress, the limitation shall be $1,000.''.
SEC. 3. BAN ON SOFT MONEY.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the
following new section:
``limitations and reporting requirements for amounts paid for mixed
political activities
``Sec. 323. (a) Any payment by the national committee of a
political party or a State committee of a political party for a mixed
political activity--
``(1) shall be subject to limitation and reporting under
this Act as if such payment were an expenditure; and
``(2) may be paid only from an account that is subject to
the requirements of this Act.
``(b) As used in this section, the term `mixed political activity'
means, with respect to a payment by the national committee of a
political party or a State committee of a political party, an activity,
such as a voter registration program, a get-out-the-vote drive, or
general political advertising, that is both (1) for the purpose of
influencing an election for Federal office, and (2) for any purpose
unrelated to influencing an election for Federal office.''.
(b) Repeal of Building Fund Exception to the Definition of the Term
``Contribution''.--Section 301(8)(B) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 431(8)(B)) is amended--
(1) by striking out clause (viii); and
(2) by redesignating clauses (ix) through (xiv) as clauses
(viii) through (xiii), respectively.
SEC. 4. HOUSE OF REPRESENTATIVES OFFICIAL MAIL ALLOWANCE FORMULA
REDUCTION.
Section 311(e)(2)(B)(i) of the Legislative Branch Appropriations
Act, 1991 (2 U.S.C. 59e(e)(2)(B)(i)) is amended by striking out ``3''
and inserting in lieu thereof ``1.5''.
SEC. 5. PROHIBITION OF MAILING OF NEWSLETTERS UNDER THE CONGRESSIONAL
FRANK.
(a) Intent of Congress.--Section 3210(a) of title 39, United States
Code, is amended by adding at the end the following new paragraph:
``(8) It is the intent of Congress that a Member of or Member-elect
to Congress (other than a Senator or a Senator-elect) may not mail a
congressional newsletter as franked mail.''.
(b) Exclusion from List of Frankable Mail.--Section 3210(a)(3) of
title 39, United States Code, is amended--
(1) in subparagraph (B) by inserting ``subject to paragraph
(8),'' before ``the usual and customary''; and
(2) in subparagraphs (I) and (J) by striking out
``newsletter or other''.
(c) Exclusion Relating to Mass Mailings.--Section 3210(a)(6)(E) of
title 39, United States Code, is amended--
(1) in clause (ii) by striking out ``or'' after the
semicolon;
(2) in clause (iii) by striking out the period and
inserting ``; or''; and
(3) by adding after clause (iii) the following new clause:
``(iv) of congressional newsletters, to the extent intended
by Congress to be nonmailable as franked mail under subsection
(a)(8).''.
(d) Exclusion Relating to Permissible Forms of Franked Mail.--
Section 3210(c) of title 39, United States Code, is amended by striking
out ``subsection (a)(4) and (5) of this section.'' and inserting in
lieu thereof ``paragraph (4), (5), or (8) of subsection (a).''.
SEC. 6. LENGTHENED NONMAILING PERIOD FOR MASS MAILING BY MEMBERS OF THE
HOUSE OF REPRESENTATIVES.
Section 3210(a)(6)(A) of title 39, United States Code, is amended--
(1) in clause (i), by inserting after ``60 days'' the
following: (180 days in the case of a Member of, or Member-
elect to, the House of Representatives)''; and
(2) in clause (ii)(II), by striking out ``60 days'' and
inserting in lieu thereof ``180 days''.
SEC. 7. AMENDMENTS TO COMMUNICATIONS ACT OF 1934.
Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is
amended--
(1) in subsection (b)(1)--
(A) by striking ``forty-five'' and inserting
``30'';
(B) by striking ``sixty'' and inserting ``45''; and
(C) by striking ``lowest unit charge of the station
for the same class and amount of time for the same
period'' and insert ``lowest charge of the station for
the same amount of time for the same period'';
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(3) by inserting immediately after subsection (b) the
following new subsection:
``(c)(1) Except as provided in paragraph (2), a licensee shall not
preempt the use, during any period specified in subsection (b)(1), of a
broadcasting station by a legally qualified candidate for public office
who has purchased and paid for such use pursuant to the provisions of
subsection (b)(1).
``(2) If a program to be broadcast by a broadcasting station is
preempted because of circumstances beyond the control of the
broadcasting station, any candidate advertising spot scheduled to be
broadcast during that program may also be preempted.''; and
(4) in subsection (d) (as redesignated by paragraph (2) of
this section)--
(A) by striking ``and'' at the end of paragraph
(1);
(B) by striking the period at the end of paragraph
(2) and inserting ``; and''; and
(C) by adding at the end thereof the following new
paragraph:
``(3) a station's lowest charge for purposes of paragraph
(1)--
``(A) with respect to a primary or primary runoff
election, is determined for the interval beginning 60
days before such election and ending on the date of
that election; and
``(B) with respect to a general or special
election, is determined for the interval beginning 90
days before such election and ending on the date of
that election.''.
SEC. 8. DENIAL OF DEDUCTION FOR LOBBYING EXPENSES.
(a) Disallowance of Deduction.--Section 162(e) (relating to
appearances, etc., with respect to legislation) is amended to read as
follows:
``(e) Denial of Deduction for Certain Lobbying and Political
Expenditures.--
``(1) In general.--No deduction shall be allowed under
subsection (a) for any amount paid or incurred--
``(A) in connection with influencing legislation,
``(B) for participation in, or intervention in, any
political campaign on behalf of (or in opposition to)
any candidate for public office, or
``(C) in connection with any attempt to influence
the general public, or segments thereof, with respect
to elections.
``(2) Application to dues.--
``(A) In general.--No deduction shall be allowed
under subsection (a) for the portion of dues or other
similar amounts (paid by the taxpayer with respect to
an organization) which is allocable to the expenditures
described in paragraph (1).
``(B) Allocation.--
``(i) In general.--For purposes of
subparagraph (A), expenditures described in
paragraph (1) shall be treated as paid out of
dues or other similar amounts.
``(ii) Carryover of lobbying expenditures
in excess of dues.--For purposes of this
paragraph, if expenditures described in
paragraph (1) exceed the dues or other similar
amounts for any calendar year, such excess
shall be treated as expenditures described in
paragraph (1) which are paid or incurred by the
organization during the following calendar
year.
``(3) Influencing legislation.--For purposes of this
subsection--
``(A) In general.--The term `influencing
legislation' means--
``(i) any attempt to influence the general
public, or segments thereof, with respect to
legislation, and
``(ii) any attempt to influence any
legislation through communication with any
member or employee of the legislative body, or
with any government official or employee who
may participate in the formulation of the
legislation.
``(B) Exception for certain technical advice.--The
term `influencing legislation' shall not include the
providing of technical advice or assistance to a
governmental body or to a committee or other
subdivision thereof in response to a specific written
request by such governmental entity to the taxpayer
which specifies the nature of the advice or assistance
requested.
``(C) Legislation.--The term `legislation' has the
meaning given such term by section 4911(e)(2).
``(4) Exception for certain taxpayers.--In the case of any
taxpayer engaged in the trade or business of conducting
activities described in paragraph (1), paragraph (1) shall not
apply to expenditures of the taxpayer in conducting such
activities on behalf of another person (but shall apply to
payments by such other person to the taxpayer for conducting
such activities).
``(5) Cross reference.--
``For reporting requirements related to
this subsection, see section 6050O.''
(b) Reporting Requirements.--
(1) In general.--Subpart B of part III of subchapter A of
chapter 61 (relating to information concerning transactions
with other persons) is amended by adding at the end the
following new section:
``SEC. 6050O. RETURNS RELATING TO LOBBYING EXPENDITURES OF CERTAIN
ORGANIZATIONS.
``(a) Requirement of Reporting.--Each organization referred to in
section 162(e)(2) shall make a return, according to the forms or
regulations prescribed by the Secretary, setting forth the names and
addresses of persons paying dues to the organization, the amount of the
dues paid by such person, and the portion of such dues which is
nondeductible under section 162(e)(2).
``(b) Statements To Be Furnished to Persons With Respect to Whom
Information Is Furnished.--Any organization required to make a return
under subsection (a) shall furnish to each person whose name is
required to be set forth in such return a written statement showing--
``(1) the name and address of the organization, and
``(2) the dues paid by the person during the calendar year
and the portion of such dues which is nondeductible under
section 162(e)(2).
The written statement required under the preceding sentence shall be
furnished (either in person or in a statement mailing by first-class
mail which includes adequate notice that the statement is enclosed) to
the persons on or before January 31 of the year following the calendar
year for which the return under subsection (a) was made and shall be in
such form as the Secretary may prescribe by regulations.
``(c) Waiver.--The Secretary may waive the reporting requirements
of this section with respect to any organization or class of
organizations if the Secretary determines that such reporting is not
necessary to carry out the purposes of section 162(e).
``(d) Dues.--For purposes of this section, the term `dues' includes
other similar amounts.''
(2) Penalties.--
(A) Returns.--Subparagraph (A) of section
6724(d)(1) (defining information return) is amended by
striking ``or'' at the end of clause (xi), by striking
the period at the end of the clause (xii) relating to
section 4101(d) and inserting a comma, by redesignating
the clause (xii) relating to section 338(h)(10) as
clause (xiii), by striking the period at the end of
clause (xiii) (as so redesignated) and inserting ``,
or'', and by adding at the end the following new
clause:
``(xiv) section 6050O(a) (relating to
information on nondeductible lobbying
expenditures).''
(B) Payee statements.--Paragraph (2) of section
6724(d) (defining payee statement) is amended by
striking ``or'' at the end of subparagraph (R), by
striking the period at the end of subparagraph (S) and
inserting ``, or'', and by adding at the end the
following new subparagraph:
``(T) section 6050O(b) (relating to returns on
nondeductible lobbying expenditures).''
(C) Excessive underreporting.--Section 6721
(relating to failure to file correct information
returns) is amended by adding at the end the following
new subsection:
``(f) Penalty in Case of Excessive Underreporting on Nondeductible
Dues.--If the aggregate amount of nondeductible dues which is reported
on the return required to be filed under section 6050O(a) for any
calendar year is less than 75 percent of the aggregate amount required
to be so reported--
``(1) subsections (b), (c), and (d) shall not apply, and
``(2) the penalty imposed under subsection (a) shall be
equal to the product of--
``(A) the amount required to be reported which was
not so reported, and
``(B) the highest rate of tax imposed by section 11
for taxable years beginning in such calendar year.''
(3) Conforming amendment.--The table of sections for
subpart B of part III of subchapter A of chapter 61 is amended
by adding at the end the following new item:
``Sec. 6050O. Returns relating to
lobbying expenditures of
certain organizations.''
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after December 31, 1993.
SEC. 9. PROHIBITION OF TRAVEL BY MEMBERS, OFFICERS, AND EMPLOYEES OF
THE HOUSE OF REPRESENTATIVES AT LOBBYIST EXPENSE.
(a) In General.--A Member, officer, or employee of the House of
Representatives may not perform any travel at the expense of a person
who is required to register under section 308 of the Federal Regulation
of Lobbying Act (2 U.S.C. 267).
(b) Definition.--As used in this section, the term ``Member of the
House of Representatives'' means a Representative in, or a Delegate or
Resident Commissioner to, the Congress.
SEC. 10. SENSE OF CONGRESS RELATING TO LIMITATION OF TERMS OF
REPRESENTATIVES AND SENATORS.
It is the sense of Congress that the Constitution should be amended
so that no person may serve more than 4 consecutive terms as
Representative or two consecutive terms as Senator.
SEC. 11. SENSE OF CONGRESS RELATING TO APPLICATION OF GENERALLY
APPLICABLE LAWS TO THE CONGRESS.
It is the sense of Congress that Congress is not exempt from the
laws that it enacts and should govern itself according to the laws that
apply to the private sector and the other branches of the Federal
Government. | Amends the Federal Election Campaign Act of 1971 to limit contributions to House of Representatives (House) elections from persons other than local individual residents.
Reduces maximum House contribution amounts from multicandidate political committees (PACs).
Sets forth limitations and reporting requirements for amounts paid for mixed political activities ("soft money").
Amends the Legislative Branch Appropriations Act, 1991 to reduce the House mail allowance formula.
Amends Federal law to prohibit newsletter mailings under the congressional franking privilege.
Lengthens the nonmailing period for mass mailings by House members.
Amends the Communications Act of 1934 to require a broadcast station to make broadcast time available to all House and Senate candidates in the last 30 (currently 45) days before a primary and the last 45 (currently 60) days before a general election, at the lowest unit charge of the station for the same amount of time (currently, the same class and amount of time) for the same period on the same date. Prohibits broadcasters from preempting advertisements sold to political candidates at the lowest unit rate, unless the preemption is beyond the broadcaster's control.
Amends the Internal Revenue Code to deny, with certain exceptions, a deduction for specified lobbying and political expenditures. Establishes membership and dues reporting requirements for related political organizations.
Prohibits lobbyist-paid travel by House members, officers, or employees.
Expresses the sense of the Congress with respect to: (1) term limitations; and (2) the application of generally applicable laws to the Congress. | To amend the Federal Election Campaign Act of 1971 to reform House of Representatives campaign finance laws, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Financial Policy
Committee For Fair Capital Standards Act''.
SEC. 2. UNITED STATES FINANCIAL POLICY COMMITTEE.
(a) Establishment.--There is hereby established an inter-agency
committee, to be known as the ``United States Financial Policy
Committee'' (hereafter in this Act referred to as the ``Committee''),
which shall consist of--
(1) the Secretary of the Treasury, who shall serve as the
Chairperson of the Committee;
(2) the Chairman of the Board of Governors of the Federal
Reserve System;
(3) the Comptroller of the Currency;
(4) the Chairperson of the Federal Deposit Insurance
Corporation; and
(5) the Director of the Office of Thrift Supervision.
(b) Purpose.--The purpose of the Committee is to develop uniform
United States positions on proposals made to, and issues before, the
Basel Committee on Banking Supervision that, if implemented, may
directly or indirectly affect United States financial institutions.
(c) Meetings.--The Committee shall meet before any meeting of the
Basel Committee on Banking Supervision that is related to, or is
expected to involve a discussion of, capital standards and at any other
time the Chairperson or any member of the Committee calls for a
meeting.
(d) Adherence to Committee Position.--
(1) In general.--Each member of the Committee that is a
participant on the Basel Committee on Banking Supervision shall
adhere to the positions of the Committee in any negotiations of
the Basel Committee on Banking Supervision.
(2) Lack of uniform position.--If the members of the
Committee that are participants on the Basel Committee on
Banking Supervision are unable to agree on a uniform position
on an issue, the position of the Secretary of the Treasury
shall be determinative for purposes of paragraph (1) with
respect to such issue.
(e) Reports to the Congress.--
(1) Annual report.--
(A) In general.--The Committee shall submit an
annual report to the Congress on the proceedings of the
Committee during the period covered by the report.
(B) Contents of report.--The report shall include--
(i) a brief description of issues that were
addressed by the Committee;
(ii) a brief description of the uniform
positions developed by the Committee with
respect to such issues; and
(iii) in the case of any issue for which a
uniform policy was not agreed to, a brief
description of the positions of the parties to
the disagreement and an explanation of the
reasons why the parties could not reach an
agreement.
(2) Reports to the congress prior to agreement on any basel
accord.--
(A) In general.--No Federal banking agency (as
defined in section 3(z) of the Federal Deposit
Insurance Act) may agree to any proposed recommendation
of the Basel Committee on Banking Supervision before
the agency submits a report on the proposed
recommendation to the Congress.
(B) Consultations.--The head of any Federal banking
agency that submits a report to the Congress under
subparagraph (A) shall consult with the Congress
concerning the proposal.
(3) Evaluation of new basel capital accord.--The Federal
banking agencies (as defined in section 3(z) of the Federal
Deposit Insurance Act), in consultation with the Secretary of
the Treasury, shall evaluate the impact of the revised Capital
Accord, taking into account the following factors, and shall
include such evaluation in the report:
(A) The cost and complexity of the proposal.
(B) The impact of the proposal on small, medium,
and large financial institutions.
(C) The impact of the proposal on real estate
markets.
(D) The effect of an operational risk capital
standard on the resilience of the Nation's financial
system and competition.
(E) The impact of the proposal on competition
between banks and other financial institutions.
(F) The need for additional training for
supervision and examination personnel.
(G) Any comments filed by the public after notice
and an opportunity to comment for a period of not less
than 60 days.
(H) The relative impact of compliance by domestic
banks.
(f) Administrative Support Services.--Each agency represented on
the Committee shall provide such administrative support services as may
be necessary for the Committee to carry out its responsibilities under
this Act.
SEC. 3. REPRESENTATION ON BASEL COMMITTEE ON BANKING SUPERVISION FOR
THE DIRECTOR OF THE OFFICE OF THRIFT SUPERVISION.
(a) In General.--Section 912 of the International Lending
Supervision Act of 1983 (12 U.S.C. 3911) is amended--
(1) by striking ``sec. 912. As one of the three'' and
inserting the following:
``(a) FDIC.--As one of the 4''; and
(2) by adding at the end the following new subsection:
``(b) Director of the Office of Thrift Supervision.--As 1 of the 4
Federal bank regulatory and supervisory agencies, the Director of the
Office of Thrift Supervision shall be given equal representation with
the Board of Governors of the Federal Reserve System, the Comptroller
of the Currency, and the Federal Deposit Insurance Corporation on the
Committee on Banking Regulations and Supervisory Practices of the Group
of Ten Countries and Switzerland.''.
(b) Technical and Conforming Amendment.--The heading for section
912 of the International Lending Supervision Act of 1983 (12 U.S.C.
3911) is amended to read as follows:
``SEC. 912. EQUAL REPRESENTATION FOR THE FDIC AND THE DIRECTOR OF THE
OFFICE OF THRIFT SUPERVISION.''. | United States Financial Policy Committee For Fair Capital Standards Act - Establishes the United States Financial Policy Committee as an inter-agency committee composed of: (1) the Secretary of the Treasury, who shall serve as the Chairperson of the Committee; (2) the Chairman of the Board of Governors of the Federal Reserve System; (3) the Comptroller of the Currency; (4) the Chairperson of the Federal Deposit Insurance Corporation; and (5) the Director of the Office of Thrift Supervision.
Directs the Committee to develop uniform U.S. positions on proposals made to, and issues before, the Basel Committee on Banking Supervision that, if implemented, may directly or indirectly affect United States financial institutions.
Requires the Committee to meet before any meeting of the Basel Committee that is related to, or is expected to involve, a discussion of capital standards.
Prohibits a member Federal banking agency from agreeing to any proposed recommendation of the Basel Committee before the agency reports on it to Congress.
Requires the Federal member banking agencies to employ prescribed criteria in their evaluation of the impact of any revised Basel capital accord.
Amends the International Lending Supervision Act of 1983 to add the Director of the Office of Thrift Supervision as one of the four Federal bank regulatory and supervisory agencies on the Committee on Banking Regulations and Supervisory Practices of the Group of Ten Countries and Switzerland. | To establish a mechanism for developing uniform United States positions on issues before the Basel Committee on Banking Supervision at the Bank for International Settlements, to require a review on the most recent recommendation of the Basel Committee for an accord on capital standards, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Estate Tax Reduction Act of 2003''.
SEC. 2. 20 PERCENT REDUCTION IN ESTATE TAX RATES.
(a) In General.--Subsection (c) of section 2001 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(c) Rate Schedule.--
``If the amount with respect to The tentative tax is:
which the tentative tax is
to be computed is:
Not over $10,000...............
14.4% of such amount.
Over $10,000 but not over
$20,000.
$1,440, plus 16% of the excess
of such amount over
$10,000
Over $20,000 but not over
$40,000.
$3,040, plus 17.6% of the
excess of such amount
over $20,000
Over $40,000 but not over
$60,000.
$6,560, plus 19.2% of the
excess of such amount
over $40,000
Over $60,000 but not over
$80,000.
$10,400, plus 20.8% of the
excess of such amount
over $60,000
Over $80,000 but not over
$100,000.
$14,560, plus 22.4% of the
excess of such amount
over $80,000
Over $100,000 but not over
$150,000.
$19,040, plus 24% of the excess
of such amount over
$100,000
Over $150,000 but not over
$250,000.
$31,040, plus 25.6% of the
excess of such amount
over $150,000
Over $250,000 but not over
$500,000.
$56,640, plus 27.2% of the
excess of such amount
over $250,000
Over $500,000 but not over
$750,000.
$124,640, plus 29.6% of the
excess of such amount
over $500,000
Over $750,000 but not over
$1,000,000.
$198,640, plus 31.2% of the
excess of such amount
over $750,000
Over $1,000,000 but not over
$1,250,000.
$276,640, plus 32.8% of the
excess of such amount
over $1,000,000
Over $1,250,000 but not over
$1,500,000.
$358,640, plus 34.4% of the
excess of such amount
over $1,250,000
Over $1,500,000 but not over
$2,000,000.
$444,640, plus 36% of the
excess of such amount
over $1,500,000
Over $2,000,000................
$624,640, plus 39.2% of the
excess of such amount
over $2,000,000''.
(b) Effective Date.--The amendment made by this section shall apply
to estates of decedents dying, and gifts made, after the date of the
enactment of this Act.
SEC. 3. UNIFIED CREDIT INCREASED TO EQUIVALENT OF $3,000,000 EXCLUSION;
INFLATION ADJUSTMENT OF UNIFIED CREDIT.
(a) Increase in Unified Credit.--Subsection (c) of section 2010 of
the Internal Revenue Code of 1986 (relating to applicable credit
amount) is amended by striking all that follows ``were the applicable
exclusion amount'' and inserting ``. For purposes of the preceding
sentence, the applicable exclusion amount is $3,000,000.''
(b) Inflation Adjustment.--Section 2010 of such Code is amended by
redesignating subsection (d) as subsection (e) and by inserting after
subsection (c) the following new subsection:
``(d) Cost-of-Living Adjustment.--In the case of any decedent
dying, and gift made, in a calendar year after 2003, the $3,000,000
amount set forth in subsection (c) shall be increased by an amount
equal to--
``(1) $3,000,000, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2002' for `calendar year 1992' in subparagraph
(B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $10,000, such amount shall be rounded to the nearest
multiple of $10,000.''
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after the date of
the enactment of this Act. | Estate Tax Reduction Act of 2003 - Amends the Internal Revenue Code to reduce estate taxes and increase the unified credit to $3 million, with an inflation adjustment. | To amend the Internal Revenue Code of 1986 to reduce estate tax rates by 20 percent, to increase the unified credit against estate and gift taxes to the equivalent of a $3,000,000 exclusion and to provide an inflation adjustment of such amount, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Middle Class Tax Cut Act of 2011''.
SEC. 2. TEMPORARY EXTENSION AND EXPANSION OF EMPLOYEE PAYROLL TAX
RELIEF.
(a) Extension.--Section 601(c) of the Tax Relief, Unemployment
Insurance Reauthorization, and Job Creation Act of 2010 (26 U.S.C. 1401
note) is amended by striking ``year 2011'' and inserting ``years 2011
and 2012''.
(b) Increased Relief.--
(1) In general.--Subsection (a) of section 601 of the Tax
Relief, Unemployment Insurance Reauthorization, and Job
Creation Act of 2010 (26 U.S.C. 1401 note) is amended--
(A) by inserting ``(9.3 percent for calendar year
2012)'' after ``10.40 percent'' in paragraph (1), and
(B) in paragraph (2)--
(i) by striking ``(including'' and
inserting ``(3.1 percent in the case of
calendar year 2012), including'' after ``4.2
percent'', and
(ii) by striking ``Code)'' and inserting
``Code''.
(2) Coordination with individual deduction for employment
taxes.--Subparagraph (A) of section 601(b)(2) of such Act is
amended by inserting ``(66.67 percent for taxable years which
begin in 2012)'' after ``59.6 percent''.
(c) Technical Amendments.--Paragraph (2) of section 601(b) of the
Tax Relief, Unemployment Insurance Reauthorization, and Job Creation
Act of 2010 (26 U.S.C. 1401 note) is amended--
(1) by inserting ``of such Code'' after ``164(f)'',
(2) by inserting ``of such Code'' after ``1401(a)'' in
subparagraph (A), and
(3) by inserting ``of such Code'' after ``1401(b)'' in
subparagraph (B).
SEC. 3. SURTAX ON MILLIONAIRES.
(a) In General.--Subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART VIII--SURTAX ON MILLIONAIRES
``Sec. 59B. Surtax on millionaires.
``SEC. 59B. SURTAX ON MILLIONAIRES.
``(a) General Rule.--In the case of a taxpayer other than a
corporation for any taxable year beginning after 2012 and before 2022,
there is hereby imposed (in addition to any other tax imposed by this
subtitle) a tax equal to 1.9 percent of so much of the modified
adjusted gross income of the taxpayer for such taxable year as exceeds
the threshold amount.
``(b) Threshold Amount.--For purposes of this section--
``(1) In general.--The threshold amount is $1,000,000.
``(2) Inflation adjustment.--
``(A) In general.--In the case of any taxable year
beginning after 2013, the $1,000,000 amount under
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 2011'
for `calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any amount as adjusted under
paragraph (1) is not a multiple of $10,000, such amount
shall be rounded to the next highest multiple of
$10,000.
``(3) Married filing separately.--In the case of a married
individual filing separately for any taxable year, the
threshold amount shall be one-half of the amount otherwise in
effect under this subsection for the taxable year.
``(c) Modified Adjusted Gross Income.--For purposes of this
section, the term `modified adjusted gross income' means adjusted gross
income reduced by any deduction (not taken into account in determining
adjusted gross income) allowed for investment interest (as defined in
section 163(d)). In the case of an estate or trust, adjusted gross
income shall be determined as provided in section 67(e).
``(d) Special Rules.--
``(1) Nonresident alien.--In the case of a nonresident
alien individual, only amounts taken into account in connection
with the tax imposed under section 871(b) shall be taken into
account under this section.
``(2) Citizens and residents living abroad.--The dollar
amount in effect under subsection (a) shall be decreased by the
excess of--
``(A) the amounts excluded from the taxpayer's
gross income under section 911, over
``(B) the amounts of any deductions or exclusions
disallowed under section 911(d)(6) with respect to the
amounts described in subparagraph (A).
``(3) Charitable trusts.--Subsection (a) shall not apply to
a trust all the unexpired interests in which are devoted to one
or more of the purposes described in section 170(c)(2)(B).
``(4) Not treated as tax imposed by this chapter for
certain purposes.--The tax imposed under this section shall not
be treated as tax imposed by this chapter for purposes of
determining the amount of any credit under this chapter or for
purposes of section 55.''.
(b) Clerical Amendment.--The table of parts for subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``part viii. surtax on millionaires.''.
(c) Section 15 Not to Apply.--The amendment made by subsection (a)
shall not be treated as a change in a rate of tax for purposes of
section 15 of the Internal Revenue Code of 1986.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2012.
SEC. 4. UNWARRANTED UNEMPLOYMENT COMPENSATION.
(a) In General.--Subtitle E of the Internal Revenue Code of 1986 is
amended by adding at the end the following new chapter:
``CHAPTER 56--UNWARRANTED UNEMPLOYMENT COMPENSATION
``Sec. 5895. Unwarranted unemployment compensation.
``SEC. 5895. UNWARRANTED UNEMPLOYMENT COMPENSATION.
``(a) Imposition of Tax.--There is hereby imposed on any taxpayer
with adjusted gross income (as defined in section 62) for any taxable
year of at least $1,000,000 ($500,000, in the case of a married
individual filing a separate return), a tax equal to 50 percent (55
percent in the case of a taxable year beginning in 2011 or 2012) of any
unemployment compensation (as defined in section 85(b)) received by
such taxpayer in such taxable year.
``(b) Administrative Provisions.--For purposes of the deficiency
procedures of subtitle F, any tax imposed by this section shall be
treated as a tax imposed by subtitle A.''.
(b) Clerical Amendment.--The table of chapters for subtitle E of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new item:
``Chapter 56--Unwarranted Unemployment Compensation''.
(c) Tax Not Deductible.--Section 275(a) of the Internal Revenue
Code of 1986 is amended by inserting after paragraph (6) the following
new paragraph:
``(7) Tax imposed by section 5895.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2010.
SEC. 5. ENDING SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS FOR
MILLIONAIRES.
(a) In General.--Section 6 of the Food and Nutrition Act of 2008 (7
U.S.C. 2015) is amended by adding at the end the following:
``(r) Disqualification for Receipt of Assets of at Least
$1,000,000.--Any household in which a member receives income or assets
with a fair market value of at least $1,000,000 shall, immediately on
the receipt of the assets, become ineligible for further participation
in the program until the date on which the household meets the income
eligibility and allowable financial resources standards under section
5.''.
(b) Conforming Amendments.--Section 5(a) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2014(a)) is amended in the second sentence by
striking ``sections 6(b), 6(d)(2), and 6(g)'' and inserting
``subsections (b), (d)(2), (g), and (r) of section 6''.
SEC. 6. GUARANTEE FEES.
Subpart A of part 2 of subtitle A of title XIII of the Housing and
Community Development Act of 1992 is amended by adding after section
1326 (12 U.S.C. 4546) the following new section:
``SEC. 1327. ENTERPRISE GUARANTEE FEES.
``(a) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Guarantee fee.--The term `guarantee fee'--
``(A) means a fee described in subsection (b); and
``(B) includes--
``(i) the guaranty fee charged by the
Federal National Mortgage Association with
respect to mortgage-backed securities; and
``(ii) the management and guarantee fee
charged by the Federal Home Loan Mortgage
Corporation with respect to participation
certificates.
``(2) Average fees.--The term `average fees' means the
average contractual fee rate of single-family guaranty
arrangements by an enterprise entered into during 2011, plus
the recognition of any up-front cash payments over an estimated
average life, expressed in terms of basis points. Such
definition shall be interpreted in a manner consistent with the
annual report on guarantee fees by the Federal Housing Finance
Agency.
``(b) Increase.--
``(1) In general.--
``(A) Phased increase required.--Subject to
subsection (c), the Director shall require each
enterprise to charge a guarantee fee in connection with
any guarantee of the timely payment of principal and
interest on securities, notes, and other obligations
based on or backed by mortgages on residential real
properties designed principally for occupancy of from 1
to 4 families, consummated after the date of enactment
of this section.
``(B) Amount.--The amount of the increase required
under this section shall be determined by the Director
to appropriately reflect the risk of loss, as well the
cost of capital allocated to similar assets held by
other fully private regulated financial institutions,
but such amount shall be not less than an average
increase of 12.5 basis points for each origination year
or book year above the average fees imposed in 2011 for
such guarantees. The Director shall prohibit an
enterprise from offsetting the cost of the fee to
mortgage originators, borrowers, and investors by
decreasing other charges, fees, or premiums, or in any
other manner.
``(2) Authority to limit offer of guarantee.--The Director
shall prohibit an enterprise from consummating any offer for a
guarantee to a lender for mortgage-backed securities, if--
``(A) the guarantee is inconsistent with the
requirements of this section; or
``(B) the risk of loss is allowed to increase,
through lowering of the underwriting standards or other
means, for the primary purpose of meeting the
requirements of this section.
``(3) Deposit in treasury.--Amounts received from fee
increases imposed under this section shall be deposited
directly into the United States Treasury, and shall be
available only to the extent provided in subsequent
appropriations Acts. The fees charged pursuant to this section
shall not be considered a reimbursement to the Federal
Government for the costs or subsidy provided to an enterprise.
``(c) Phase-in.--
``(1) In general.--The Director may provide for compliance
with subsection (b) by allowing each enterprise to increase the
guarantee fee charged by the enterprise gradually over the 2-
year period beginning on the date of enactment of this section,
in a manner sufficient to comply with this section. In
determining a schedule for such increases, the Director shall--
``(A) provide for uniform pricing among lenders;
``(B) provide for adjustments in pricing based on
risk levels; and
``(C) take into consideration conditions in
financial markets.
``(2) Rule of construction.--Nothing in this subsection
shall be interpreted to undermine the minimum increase required
by subsection (b).
``(d) Information Collection and Annual Analysis.--The Director
shall require each enterprise to provide to the Director, as part of
its annual report submitted to Congress--
``(1) a description of--
``(A) changes made to up-front fees and annual fees
as part of the guarantee fees negotiated with lenders;
``(B) changes to the riskiness of the new borrowers
compared to previous origination years or book years;
and
``(C) any adjustments required to improve for
future origination years or book years, in order to be
in complete compliance with subsection (b); and
``(2) an assessment of how the changes in the guarantee
fees described in paragraph (1) met the requirements of
subsection (b).
``(e) Enforcement.--
``(1) Required adjustments.--Based on the information from
subsection (d) and any other information the Director deems
necessary, the Director shall require an enterprise to make
adjustments in its guarantee fee in order to be in compliance
with subsection (b).
``(2) Noncompliance penalty.--An enterprise that has been
found to be out of compliance with subsection (b) for any 2
consecutive years shall be precluded from providing any
guarantee for a period, determined by rule of the Director, but
in no case less than 1 year.
``(3) Rule of construction.--Nothing in this subsection
shall be interpreted as preventing the Director from initiating
and implementing an enforcement action against an enterprise,
at a time the Director deems necessary, under other existing
enforcement authority.
``(f) Expiration.--The provisions of this section shall expire on
October 1, 2021.''. | Middle Class Tax Cut Act of 2011 - Amends the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 to extend through 2012 the reduction in employment taxes for employees and the self-employed. Increases such reduction from 2% to 3.1%
Amends the Internal Revenue Code to impose on individual taxpayers between 2012 and 2022 an additional tax equal to 1.9% of so much of their modified adjusted gross income in excess of $1 million. Provides for an inflation adjustment to the $1 million threshold amount for taxable years beginning after 2013. Defines "modified adjusted gross income" as adjusted gross income reduced by any deduction allowed for investment interest.
Imposes a 50% tax (55% for a taxable year beginning in 2011 or 2012) on any unemployment compensation received by a taxpayer with an adjusted gross income of at least $1 million. Denies a tax deduction for the payment of such tax.
Amends the Food and Nutrition Act of 2008 to render ineligible for the supplemental nutrition assistance program (SNAP), formerly food stamps, any household in which a member receives income or assets with a fair market value of at least $1 million.
Amends the Housing and Community Development Act of 1992 to require until October 1, 2021, a phased increase in the fees charged to mortgage lenders by the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) to guarantee payment of new mortgage loans. | A bill to create jobs by providing payroll tax relief for middle class families and businesses, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campus Fire Safety Right-to-Know Act
of 2003''.
SEC. 2. DISCLOSURE OF FIRE SAFETY OF CAMPUS BUILDINGS.
Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is
amended--
(1) in subsection (a)(1)--
(A) in subparagraph (N), by striking ``and'' after
the semicolon;
(B) in subparagraph (O), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(P) the fire safety report prepared by the institution
pursuant to subsection (h).''; and
(2) by adding at the end the following:
``(h) Disclosure of Fire Safety Standards and Measures.--
``(1) Annual fire safety reports required.--Each eligible
institution participating in any program under this title
shall, beginning in academic year 2004-2005, and each year
thereafter, prepare, publish, and distribute, through
appropriate publications (including the Internet) or mailings,
to all current students and employees, and to any applicant for
enrollment or employment upon request, an annual fire safety
report containing not less than the following information with
respect to the campus fire safety practices and standards of
that institution:
``(A) A statement that identifies each student
housing facility of the institution, and whether or not
that facility is equipped with a fire sprinkler system
or another fire safety system, or both.
``(B) Statistics concerning the occurrence on
campus, during the 2 preceding academic years for which
data are available, of fires and false fire alarms in
student housing facilities.
``(C) For each such occurrence described in
subparagraph (B), a statement of the human injuries or
deaths and the structural damage caused by the
occurrence.
``(D) Information regarding fire alarms, smoke
alarms, the presence of adequate fire escape planning
or protocols (as defined in local fire codes), rules on
portable electrical appliances, smoking and open flames
(such as candles), regular mandatory supervised fire
drills, and planned and future improvement in fire
safety.
``(E) Information about fire safety education and
training provided to students, faculty, and staff,
including the percentage of students, faculty, and
staff who have participated in such education and
training.
``(F) Information concerning fire safety at student
fraternities and sororities that are recognized by the
institution, including--
``(i) information reported to the
institution under paragraph (4); and
``(ii) a statement concerning whether and
how the institution works with recognized
student fraternities and sororities to make
building and property owned or controlled by
such fraternities or sororities more fire safe.
``(2) Current information to campus community.--Each
institution participating in any program under this title shall
make, keep, and maintain a log, written in a form that can be
easily understood, recording all fires reported to local fire
departments, including the nature, date, time, and general
location of each fire and all false fire alarms. All entries
that are required pursuant to this paragraph shall, except
where disclosure of such information is prohibited by law, be
open to public inspection, and each such institution shall make
periodic reports to the campus community on such fires and
false fire alarms in a manner that will aid the prevention of
similar occurrences.
``(3) Reports to secretary.--On an annual basis, each
institution participating in any program under this title shall
submit to the Secretary a copy of the statistics required to be
made available under paragraph (1)(B). The Secretary shall--
``(A) review such statistics;
``(B) make copies of the statistics submitted to
the Secretary available to the public; and
``(C) in coordination with nationally recognized
fire organizations and representatives of institutions
of higher education, identify exemplary fire safety
policies, procedures, and practices and disseminate
information concerning those policies, procedures, and
practices that have proven effective in the reduction
of campus fires.
``(4) Fraternities and sororities.--Each institution
participating in any program under this title shall request
each fraternity and sorority that is recognized by the
institution to collect and report to the institution the
information described in subparagraphs (A) through (E) of
paragraph (1), as applied to the fraternity or sorority, for
each building and property owned or controlled by the
fraternity or sorority, respectively.
``(5) Rule of construction.--Nothing in this subsection
shall be construed to authorize the Secretary to require
particular policies, procedures, or practices by institutions
of higher education with respect to fire safety.
``(6) Definitions.--In this subsection, the term `campus'
has the meaning given the term in subsection (f)(6).''.
SEC. 3. REPORT TO CONGRESS BY SECRETARY OF EDUCATION.
Not later than 2 years after the date of enactment of this Act, the
Secretary of Education (in this section referred to as the
``Secretary'') shall prepare and submit to Congress a report
containing--
(1) an analysis of the current status of fire safety
systems in college and university facilities, including
sprinkler systems;
(2) an analysis of the appropriate fire safety standards to
apply to these facilities, which the Secretary shall prepare
after consultation with such fire safety experts,
representatives of institutions of higher education, and other
Federal agencies as the Secretary, in the Secretary's
discretion, considers appropriate;
(3) an estimate of the cost of bringing all nonconforming
dormitories and other campus buildings up to current new
building codes; and
(4) recommendations from the Secretary concerning the best
means of meeting fire safety standards in all college
facilities, including recommendations for methods to fund such
cost. | Campus Fire Safety Right-to-Know Act of 2003 - Amends the Higher Education Act of 1965 to require, beginning in academic year 2004-2005, each eligible institution participating in any program under the Act to provide to all current students and employees, and to any applicant for enrollment or employment upon request, an annual fire safety report containing specified information about the campus fire safety practices and standards of that institution.
Requires such institutions to: (1) record all fires reported to local fire departments, including the nature, date, time, and general location of each fire and all false fire alarms; and (2) open such information to public inspection. Requires the institutions to report on such information periodically to the campus community in a manner that will aid the prevention of similar occurrences.
Requires the institutions to request their fraternities and sororities to collect and report such information for each building and property they own or control. | A bill to provide for disclosure of fire safety standards and measures with respect to campus buildings, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teachers and Parents at the Table
Act''.
SEC. 2. VOLUNTEER TEACHER ADVISORY COMMITTEE.
The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.) is amended by inserting after section 1004 (20 U.S.C. 6304)
the following:
``SEC. 1005. VOLUNTEER TEACHER ADVISORY COMMITTEE.
``(a) Findings.--The Congress finds as follows:
``(1) Expert teachers offer an important resource to
policymakers as they can bring their expertise and perspective
from the classroom to inform policy so that positive outcomes
for all students will be maximized.
``(2) State Teachers of the Year represent a valuable
resource with a body of expert knowledge and skill about
instructional practice, 21st century learning, and school
functioning that can be infused into policymaking to promote
better outcomes for prekindergarten, elementary, and secondary
students.
``(3) State Teachers of the Year have been selected by
their communities and States as models of their profession and
represent every State in the Nation and every discipline and
grade level.
``(b) Establishment.--The Secretary shall establish an advisory
committee, to be known as the Volunteer Teacher Advisory Committee
(referred to in this section as the `Committee').
``(c) Duty.--The duty of the Committee shall be to monitor the
effects of this Act, on the ground and in classrooms.
``(d) Membership.--
``(1) In general.--The membership of the Committee shall
consist of 10 teachers employed in a public elementary school
and 10 teachers employed in a public secondary school who--
``(A) are past or present finalists or State
Teachers of the Year, or are nominated from
organizations representing teachers and have
demonstrated similar evidence of expertise;
``(B) have experience working with policy
development;
``(C) have a demonstrated history of working as a
teacher leader in the policy arena; and
``(D) have submitted an application to the
Secretary to serve on the Committee.
``(2) List; appointment.--The Secretary shall compile a
list of teachers submitting applications under paragraph
(1)(D). The members of the Committee shall be appointed as
follows:
``(A) The Secretary shall appoint 4 teachers from
the list.
``(B) The Majority Leader of the Senate shall
appoint 4 teachers from the list.
``(C) The Minority Leader of the Senate shall
appoint 4 teachers from the list.
``(D) The Speaker of the House of Representatives
shall appoint 4 teachers from the list.
``(E) The Minority Leader of the House of
Representatives shall appoint 4 teachers from the list.
``(3) Special requirements.--
``(A) Finalists or state teachers of the year.--Not
less than half of the members of the Committee shall be
past or present finalists or State Teachers of the
Year.
``(B) Representation requirement.--The members of
the Committee shall represent the diversity of the
teaching workforce from multiple geographic, grade
level, and specialty areas.
``(4) Term.--Each member of the Committee shall serve on
the Committee for a 3-year staggered term.
``(e) Annual Report.--
``(1) In general.--The Committee shall submit to Congress
and the Secretary--
``(A) on an annual basis, a report on the
monitoring carried out under subsection (c); and
``(B) on a quarterly basis, updates on such
monitoring.
``(2) Contents of report.--The report submitted under
paragraph (1) shall include, at a minimum, the following:
``(A) The effects of this Act on the teaching
profession.
``(B) The effects of this Act on schools and
classrooms.
``(C) The effects of this Act on students,
families, and communities.
``(D) Recommendations for strengthening policy and
policy implementation in order to meet the goals of the
Act.
``(f) Additional Requirements.--The following additional
requirements shall apply to the Committee:
``(1) The Committee shall meet in person at least once per
year for deliberation, with all travel expenses paid for by the
Secretary.
``(2) The Committee shall be available for consultation
with officials at the Department and the authorizing Committees
of Congress regarding the impact of this Act on students,
families, and the teaching profession.
``(g) Definition.--In this section, the term `State Teacher of the
Year' means any person who has been recognized as a State Teacher of
the Year by the Council of Chief State School Officers.
``(h) Authorization of Funds.--Of the amounts appropriated to, and
available at the discretion of, the Secretary for programmatic and
administrative expenditures for fiscal years 2017 through 2021, a total
of $500,000 shall be used to establish and carry out the functions of
the Committee established under this section.''.
SEC. 3. VOLUNTEER PARENTS AND FAMILIES ADVISORY COMMITTEE.
The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.), as amended by section 2 of this Act, is further amended by
inserting after section 1005 (as added by such section 2) the
following:
``SEC. 1006. VOLUNTEER PARENTS AND FAMILIES ADVISORY COMMITTEE.
``(a) Findings.--The Congress finds the following:
``(1) Parents and families have a major influence on their
children's achievement in school and throughout life.
``(2) Parents and family members offer an important
resource to policymakers as they provide a unique perspective
as consumers of our Nation's public schools.
``(3) All parents and family members--regardless of income,
education, or cultural background-- are involved in their
child's learning and want their child to reach their fullest
potential.
``(b) Establishment.--The Secretary shall establish an advisory
committee, to be known as the Volunteer Parents and Families Advisory
Committee (referred to in this section as the `Committee').
``(c) Duties and Focus.--The duty of the Committee shall be to
monitor the effects of this Act on children and families, and review
and analyze implementation of State and local parent and family
engagement policies, school-parent compacts, and other family
engagement activities described in section 1116 and part E of title IV.
``(d) Membership.--
``(1) In general.--The membership of the Committee shall
consist of 10 parents or family members of children enrolled in
a public elementary school and 10 parents or family members of
children enrolled in a public secondary school who--
``(A) have a demonstrated history of parental
involvement and family engagement in schools; and
``(B) have submitted an application to the
Secretary to serve on the Committee.
``(2) List; appointment.--The Secretary shall compile a
list of parents and family members submitting applications
under paragraph (1)(B). The members of the Committee shall be
appointed as follows:
``(A) The Secretary shall appoint 4 parents or
family members from the list.
``(B) The Majority Leader of the Senate shall
appoint 4 parents or family members from the list.
``(C) The Minority Leader of the Senate shall
appoint 4 parents or family members from the list.
``(D) The Speaker of the House of Representatives
shall appoint 4 parents or family members from the
list.
``(E) The Minority Leader of the House of
Representatives shall appoint 4 parents or family
members from the list.
``(3) Representation requirement.--
``(A) In general.--The members of the Committee
shall represent multiple geographic areas and a
diversity of students, and shall include at least one
parent or family member representing each of the
following student groups:
``(i) Economically disadvantaged students.
``(ii) Students from major racial and
ethnic groups.
``(iii) Children with disabilities.
``(iv) English learners.
``(B) Special consideration.--Consideration should
also be given to representation of students' gender
identity and migrant status in the appointment of
members of the Committee.
``(4) Research advisors.--The Secretary may appoint not
more than 5 research advisors to the Committee, such as
researchers, practitioners or representatives from national
nonprofit organizations with expertise in family engagement in
education, to make data-driven recommendations regarding family
engagement in education metrics.
``(5) Term.--Each member of the Committee shall serve on
the Committee for a 3-year staggered term.
``(e) Annual Report.--
``(1) In general.--The Committee shall submit to Congress
and the Secretary--
``(A) on an annual basis, a report and policy
recommendations on the review and analysis carried out
under subsection (c); and
``(B) on a quarterly basis, updates on such review
and analysis.
``(2) Contents of report.--The report submitted under
paragraph (1) shall include, at a minimum, the following:
``(A) The effects of this Act on students,
families, and communities.
``(B) The effects of this Act on parental
involvement and family engagement in education,
including schools and classrooms.
``(C) Direction for State education authorities and
local education authorities for implementing written
family engagement policies under section 1116 and part
E of title IV.
``(D) Recommendations for strengthening policy and
policy implementation in order to meet the goals of the
Act.
``(f) Definitions.--In this section:
``(1) The term `family engagement' means a shared
responsibility of families and schools for student success--
``(A) in which schools and community-based
organizations are committed to reaching out to engage
families in meaningful ways and families are committed
actively to support their children's learning and
development;
``(B) that is continuous from birth through young
adulthood; and
``(C) that reinforces learning that takes place in
the home, school, and community.
``(2) The term `parental involvement' means the
participation of parents or family members in regular, two-way,
and meaningful communication involving student academic
learning and other school activities, including ensuring--
``(A) that parents or family members play an
integral role in assisting their child's learning;
``(B) that parents or family members are encouraged
to be actively involved in their child's education at
school;
``(C) that parents or family members are full
partners in their child's education and are included,
as appropriate, in decisionmaking and on advisory
committees to assist in the education of their child;
and
``(D) the carrying out of other activities, such as
those described in section 1116.
``(g) Authorization of Funds.--Of the amounts appropriated to, and
available at the discretion of, the Secretary for programmatic and
administrative expenditures for fiscal years 2017 through 2021, a total
of $500,000 shall be used to establish and carry out the functions of
the Committee established under this section.''. | Teachers and Parents at the Table Act This bill amends the Elementary and Secondary Education Act of 1965 (ESEA) to establish: (1) a Volunteer Teacher Advisory Committee to monitor the effects of the ESEA in classrooms, and (2) a Volunteer Parents and Families Advisory Committee to monitor the effects of the ESEA on children and families and to review and analyze the implementation of various family engagement activities. | Teachers and Parents at the Table Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sunshine in the Courtroom Act of
2007''.
SEC. 2. FEDERAL APPELLATE AND DISTRICT COURTS.
(a) Definitions.--In this section:
(1) Presiding judge.--The term ``presiding judge'' means
the judge presiding over the court proceeding concerned. In
proceedings in which more than 1 judge participates, the
presiding judge shall be the senior active judge so
participating or, in the case of a circuit court of appeals,
the senior active circuit judge so participating, except that--
(A) in en banc sittings of any United States
circuit court of appeals, the presiding judge shall be
the chief judge of the circuit whenever the chief judge
participates; and
(B) in en banc sittings of the Supreme Court of the
United States, the presiding judge shall be the Chief
Justice whenever the Chief Justice participates.
(2) Appellate court of the united states.--The term
``appellate court of the United States'' means any United
States circuit court of appeals and the Supreme Court of the
United States.
(b) Authority of Presiding Judge To Allow Media Coverage of Court
Proceedings.--
(1) Authority of appellate courts.--
(A) In general.--Except as provided under
subparagraph (B), the presiding judge of an appellate
court of the United States may, at the discretion of
that judge, permit the photographing, electronic
recording, broadcasting, or televising to the public of
any court proceeding over which that judge presides.
(B) Exception.--The presiding judge shall not
permit any action under subparagraph (A), if--
(i) in the case of a proceeding involving
only the presiding judge, that judge determines
the action would constitute a violation of the
due process rights of any party; or
(ii) in the case of a proceeding involving
the participation of more than 1 judge, a
majority of the judges participating determine
that the action would constitute a violation of
the due process rights of any party.
(2) Authority of district courts.--
(A) In general.--
(i) Authority.--Notwithstanding any other
provision of law, except as provided under
clause (iii), the presiding judge of a district
court of the United States may, at the
discretion of that judge, permit the
photographing, electronic recording,
broadcasting, or televising to the public of
any court proceeding over which that judge
presides.
(ii) Obscuring of witnesses.--Except as
provided under clause (iii)--
(I) upon the request of any witness
(other than a party) in a trial
proceeding, the court shall order the
face and voice of the witness to be
disguised or otherwise obscured in such
manner as to render the witness
unrecognizable to the broadcast
audience of the trial proceeding; and
(II) the presiding judge in a trial
proceeding shall inform each witness
who is not a party that the witness has
the right to request the image and
voice of that witness to be obscured
during the witness' testimony.
(iii) Exception.--The presiding judge shall
not permit any action under this subparagraph,
if that judge determines the action would
constitute a violation of the due process
rights of any party.
(B) No televising of jurors.--The presiding judge
shall not permit the televising of any juror in a trial
proceeding.
(3) Advisory guidelines.--The Judicial Conference of the
United States may promulgate advisory guidelines to which a
presiding judge, at the discretion of that judge, may refer in
making decisions with respect to the management and
administration of photographing, recording, broadcasting, or
televising described under paragraphs (1) and (2).
(4) Sunset of district court authority.--The authority
under paragraph (2) shall terminate 3 years after the date of
the enactment of this Act. | Sunshine in the Courtroom Act of 2007 - Authorizes the presiding judge of a U.S. appellate court or U.S. district court to permit the photographing, electronic recording, broadcasting, or televising to the public of court proceedings over which that judge presides except when such action would constitute a violation of the due process rights of any party.
Directs: (1) a district court, upon the request of any witness in a trial proceeding other than a party, to order the face and voice of the witness to be disguised or otherwise obscured to render the witness unrecognizable to the broadcast audience of the trial proceeding; and (2) the presiding judge in a trial proceeding to inform each witness who is not a party of the right to make such request.
Authorizes the Judicial Conference of the United States to promulgate advisory guidelines to which a presiding judge may refer in making decisions regarding the management and administration of photographing, recording, broadcasting, or televising described in this Act. | To provide for media coverage of Federal court proceedings. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop AIDS in Prison Act of 2011''.
SEC. 2. COMPREHENSIVE HIV/AIDS POLICY.
(a) In General.--The Bureau of Prisons (hereinafter in this Act
referred to as the ``Bureau'') shall develop a comprehensive policy to
provide HIV testing, treatment, and prevention for inmates within the
correctional setting and upon reentry.
(b) Purpose.--The purposes of this policy shall be as follows:
(1) To stop the spread of HIV/AIDS among inmates.
(2) To protect prison guards and other personnel from HIV/
AIDS infection.
(3) To provide comprehensive medical treatment to inmates
who are living with HIV/AIDS.
(4) To promote HIV/AIDS awareness and prevention among
inmates.
(5) To encourage inmates to take personal responsibility
for their health.
(6) To reduce the risk that inmates will transmit HIV/AIDS
to other persons in the community following their release from
prison.
(c) Consultation.--The Bureau shall consult with appropriate
officials of the Department of Health and Human Services, the Office of
National Drug Control Policy, the Office of National AIDS Policy, and
the Centers for Disease Control regarding the development of this
policy.
(d) Time Limit.--The Bureau shall draft appropriate regulations to
implement this policy not later than 1 year after the date of the
enactment of this Act.
SEC. 3. REQUIREMENTS FOR POLICY.
The policy created under section 2 shall do the following:
(1) Testing and counseling upon intake.--
(A) Health care personnel shall provide routine HIV
testing to all inmates as a part of a comprehensive
medical examination immediately following admission to
a facility. (Health care personnel need not provide
routine HIV testing to an inmate who is transferred to
a facility from another facility if the inmate's
medical records are transferred with the inmate and
indicate that the inmate has been tested previously.)
(B) To all inmates admitted to a facility prior to
the effective date of this policy, health care
personnel shall provide routine HIV testing within no
more than 6 months. HIV testing for these inmates may
be performed in conjunction with other health services
provided to these inmates by health care personnel.
(C) All HIV tests under this paragraph shall comply
with the opt-out provision.
(2) Pre-test and post-test counseling.--Health care
personnel shall provide confidential pre-test and post-test
counseling to all inmates who are tested for HIV. Counseling
may be included with other general health counseling provided
to inmates by health care personnel.
(3) HIV/AIDS prevention education.--
(A) Health care personnel shall improve HIV/AIDS
awareness through frequent educational programs for all
inmates. HIV/AIDS educational programs may be provided
by community based organizations, local health
departments, and inmate peer educators.
(B) HIV/AIDS educational materials shall be made
available to all inmates at orientation, at health care
clinics, at regular educational programs, and prior to
release. Both written and audio-visual materials shall
be made available to all inmates.
(C)(i) The HIV/AIDS educational programs and
materials under this paragraph shall include
information on--
(I) modes of transmission, including
transmission through tattooing, sexual contact,
and intravenous drug use;
(II) prevention methods;
(III) treatment; and
(IV) disease progression.
(ii) The programs and materials shall be culturally
sensitive, written or designed for low literacy levels,
available in a variety of languages, and present
scientifically accurate information in a clear and
understandable manner.
(4) HIV testing upon request.--
(A) Health care personnel shall allow inmates to
obtain HIV tests upon request once per year or whenever
an inmate has a reason to believe the inmate may have
been exposed to HIV. Health care personnel shall, both
orally and in writing, inform inmates, during
orientation and periodically throughout incarceration,
of their right to obtain HIV tests.
(B) Health care personnel shall encourage inmates
to request HIV tests if the inmate is sexually active,
has been raped, uses intravenous drugs, receives a
tattoo, or if the inmate is concerned that the inmate
may have been exposed to HIV/AIDS.
(C) An inmate's request for an HIV test shall not
be considered an indication that the inmate has put
him/herself at risk of infection and/or committed a
violation of prison rules.
(5) HIV testing of pregnant woman.--
(A) Health care personnel shall provide routine HIV
testing to all inmates who become pregnant.
(B) All HIV tests under this paragraph shall comply
with the opt-out provision.
(6) Comprehensive treatment.--
(A) Health care personnel shall provide all inmates
who test positive for HIV--
(i) timely, comprehensive medical
treatment;
(ii) confidential counseling on managing
their medical condition and preventing its
transmission to other persons; and
(iii) voluntary partner notification
services.
(B) Health care provided under this paragraph shall
be consistent with current Department of Health and
Human Services guidelines and standard medical
practice. Health care personnel shall discuss treatment
options, the importance of adherence to antiretroviral
therapy, and the side effects of medications with
inmates receiving treatment.
(C) Health care personnel and pharmacy personnel
shall ensure that the facility formulary contains all
Food and Drug Administration-approved medications
necessary to provide comprehensive treatment for
inmates living with HIV/AIDS, and that the facility
maintains adequate supplies of such medications to meet
inmates' medical needs. Health care personnel and
pharmacy personnel shall also develop and implement
automatic renewal systems for these medications to
prevent interruptions in care.
(D) Correctional staff, health care personnel, and
pharmacy personnel shall develop and implement
distribution procedures to ensure timely and
confidential access to medications.
(7) Protection of confidentiality.--
(A) Health care personnel shall develop and
implement procedures to ensure the confidentiality of
inmate tests, diagnoses, and treatment. Health care
personnel and correctional staff shall receive regular
training on the implementation of these procedures.
Penalties for violations of inmate confidentiality by
health care personnel or correctional staff shall be
specified and strictly enforced.
(B) HIV testing, counseling, and treatment shall be
provided in a confidential setting where other routine
health services are provided and in a manner that
allows the inmate to request and obtain these services
as routine medical services.
(8) Testing, counseling, and referral prior to reentry.--
(A) Health care personnel shall provide routine HIV
testing to all inmates no more than 3 months prior to
their release and reentry into the community. (Inmates
who are already known to be infected need not be tested
again.) This requirement may be waived if an inmate's
release occurs without sufficient notice to the Bureau
to allow health care personnel to perform a routine HIV
test and notify the inmate of the results.
(B) All HIV tests under this paragraph shall comply
with the opt-out provision.
(C) To all inmates who test positive for HIV and
all inmates who already are known to have HIV/AIDS,
health care personnel shall provide--
(i) confidential prerelease counseling on
managing their medical condition in the
community, accessing appropriate treatment and
services in the community, and preventing the
transmission of their condition to family
members and other persons in the community;
(ii) referrals to appropriate health care
providers and social service agencies in the
community that meet the inmate's individual
needs, including voluntary partner notification
services and prevention counseling services for
people living with HIV/AIDS; and
(iii) a 30-day supply of any medically
necessary medications the inmate is currently
receiving.
(9) Opt-out provision.--Inmates shall have the right to
refuse routine HIV testing. Inmates shall be informed both
orally and in writing of this right. Oral and written
disclosure of this right may be included with other general
health information and counseling provided to inmates by health
care personnel. If an inmate refuses a routine test for HIV,
health care personnel shall make a note of the inmate's refusal
in the inmate's confidential medical records. However, the
inmate's refusal shall not be considered a violation of prison
rules or result in disciplinary action. Any reference in this
section to the ``opt-out provision'' shall be deemed a
reference to the requirement of this paragraph.
(10) Exclusion of tests performed under section 4014(b)
from the definition of routine hiv testing.--HIV testing of an
inmate under section 4014(b) of title 18, United States Code,
is not routine HIV testing for the purposes of the opt-out
provision. Health care personnel shall document the reason for
testing under section 4014(b) of title 18, United States Code,
in the inmate's confidential medical records.
(11) Timely notification of test results.--Health care
personnel shall provide timely notification to inmates of the
results of HIV tests.
SEC. 4. CHANGES IN EXISTING LAW.
(a) Screening in General.--Section 4014(a) of title 18, United
States Code, is amended--
(1) by striking ``for a period of 6 months or more'';
(2) by striking ``, as appropriate,''; and
(3) by striking ``if such individual is determined to be at
risk for infection with such virus in accordance with the
guidelines issued by the Bureau of Prisons relating to
infectious disease management'' and inserting ``unless the
individual declines. The Attorney General shall also cause such
individual to be so tested before release unless the individual
declines.''.
(b) Inadmissibility of HIV Test Results in Civil and Criminal
Proceedings.--Section 4014(d) of title 18, United States Code, is
amended by inserting ``or under the Stop AIDS in Prison Act of 2011''
after ``under this section''.
(c) Screening as Part of Routine Screening.--Section 4014(e) of
title 18, United States Code, is amended by adding at the end the
following: ``Such rules shall also provide that the initial test under
this section be performed as part of the routine health screening
conducted at intake.''.
SEC. 5. REPORTING REQUIREMENTS.
(a) Report on Hepatitis and Other Diseases.--Not later than 1 year
after the date of the enactment of this Act, the Bureau shall provide a
report to the Congress on Bureau policies and procedures to provide
testing, treatment, and prevention education programs for hepatitis and
other diseases transmitted through sexual activity and intravenous drug
use. The Bureau shall consult with appropriate officials of the
Department of Health and Human Services, the Office of National Drug
Control Policy, the Office of National AIDS Policy, and the Centers for
Disease Control regarding the development of this report.
(b) Annual Reports.--
(1) Generally.--Not later than 2 years after the date of
the enactment of this Act, and then annually thereafter, the
Bureau shall report to Congress on the incidence among inmates
of diseases transmitted through sexual activity and intravenous
drug use.
(2) Matters pertaining to various diseases.--Reports under
paragraph (1) shall discuss--
(A) the incidence among inmates of HIV/AIDS,
hepatitis, and other diseases transmitted through
sexual activity and intravenous drug use; and
(B) updates on Bureau testing, treatment, and
prevention education programs for these diseases.
(3) Matters pertaining to hiv/aids only.--Reports under
paragraph (1) shall also include--
(A) the number of inmates who tested positive for
HIV upon intake;
(B) the number of inmates who tested positive prior
to reentry;
(C) the number of inmates who were not tested prior
to reentry because they were released without
sufficient notice;
(D) the number of inmates who opted-out of taking
the test;
(E) the number of inmates who were tested under
section 4014(b) of title 18, United States Code; and
(F) the number of inmates under treatment for HIV/
AIDS.
(4) Consultation.--The Bureau shall consult with
appropriate officials of the Department of Health and Human
Services, the Office of National Drug Control Policy, the
Office of National AIDS Policy, and the Centers for Disease
Control regarding the development of reports under paragraph
(1). | Stop AIDS in Prison Act of 2011 - Directs the Bureau of Prisons to develop a comprehensive policy to provide HIV testing, treatment, and prevention for inmates in federal prisons and upon reentry into the community. Requires such policy to include provisions for: (1) testing of inmates upon intake and counseling; (2) HIV/AIDS prevention education; (3) HIV testing of prisoners annually upon request or upon exposure to HIV; (4) HIV testing of pregnant inmates; (5) comprehensive medical treatment of inmates who test positive for HIV and confidential counseling on managing their medical condition and preventing its transmission to other persons; (6) protection of confidentiality; (7) testing, counseling, and referral prior to reentry into the community; (8) allowing inmates the right to refuse routine HIV testing; (9) excluding as "routine" the testing of an inmate who may have transmitted HIV to any U.S. officer or employee or to any person lawfully present but not incarcerated in a correctional facility; and (10) timely notification of test results.
Amends the federal criminal code to: (1) require HIV testing for all federal prison inmates upon intake regardless of length of sentence or risk factors, (2) allow inmates to decline testing prior to release from incarceration, and (3) make HIV testing part of the routine health screening conducted at intake.
Requires the Bureau to report on: (1) testing, treatment, and prevention education programs for hepatitis and other diseases transmitted through sexual activity and intravenous drug use; and (2) the incidence among prison inmates of diseases transmitted through sexual activity and intravenous drug use. | To provide for an effective HIV/AIDS program in Federal prisons. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Lending and Credit
Availability Act of 1993''.
SEC. 2. LOAN GUARANTEES IN QUALIFIED STATES.
(a) Participation Authority.--Section 7(a) of the Small Business
Act (15 U.S.C. 636(a)) is amended by adding at the end the following
new paragraph:
``(22) Loan guarantees in qualified states.--
``(A) In general.--The Administration shall, in
accordance with the requirements of this paragraph,
participate on a guaranteed basis in loans under this
subsection to small business concerns in qualified
States.
``(B) Guarantee amounts.--In agreements to
participate on a guaranteed basis in loans described in
subparagraph (A), such participation by the
Administration shall be--
``(i) not less than 90 percent of the
balance of the loan outstanding at the time of
disbursement, if the loan is not less than
$200,000, nor more than $500,000; and
``(ii) not less than 95 percent of the
balance of the loan outstanding at the time of
disbursement, if the loan is less than
$200,000.
``(C) Temporary waiver of guarantee fees.--
``(i) First 2 fiscal years.--In each of the
first 2 fiscal years beginning after the date
of the enactment of this paragraph, the
Administration shall waive any guarantee fee in
connection with a loan described in
subparagraph (A).
``(ii) Remaining fiscal years.--In the 3rd,
4th, and 5th fiscal years beginning after the
date of the enactment of this paragraph, the
Administration may collect a guarantee fee in
connection with a loan described in
subparagraph (A) in an amount equal to not more
than 1 percent of the outstanding balance of
the guaranteed amount of the loan. Any such fee
shall be payable by the participating lending
institution and may be charged to the borrower.
``(D) Retention of fee percentage by lenders.--In
order to encourage lending institutions to make loans
to small business concerns in qualified States, the
Administration shall permit lending institutions to
retain, on loans described in subparagraph (A) of
$200,000 or less, \1/2\ of any fee to be paid to the
Administration under subparagraph (C)(ii).
``(E) Presumption.--For a loan described in
subparagraph (A), any reasonable doubt as to the
ability of an applicant to repay the loan shall be
resolved in favor of the applicant.
``(F) Applicability.--The provisions of this
paragraph shall be in effect in each of the first 5
fiscal years beginning after the date of the enactment
of this paragraph. For such period, provisions of this
section which are inconsistent with this paragraph
shall not apply.
``(G) Definitions.--For purposes of this paragraph,
the following definitions apply:
``(i) Insured depository institution.--The
term `insured depository institution'--
``(I) has the same meaning as in
section 3 of the Federal Deposit
Insurance Act; and
``(II) includes an insured credit
union, as defined in section 101 of the
Federal Credit Union Act.
``(ii) State.--The term `State' means each
of the several States and the District of
Columbia.
``(iii) Qualified state.--The term
`qualified State' means any State in which--
``(I) during the 12-month period
ending on the date of enactment of this
paragraph, 1 or more insured depository
institutions having combined total
assets of not less than $100,000,000
closed due to an inability to meet the
demands of depositors; or
``(II) during the 12-month period
ending on the date of enactment of this
paragraph, 2 or more insured depository
institutions having combined total
assets of not less than $150,000,000
closed due to an inability to meet the
demands of depositors.''. | Small Business Lending and Credit Availability Act of 1993 - Amends the Small Business Act to direct the Small Business Administration (SBA) to participate in loans to small businesses located in States in which one or more insured depository institutions have been closed due to inability to meet depositor demands. Directs the SBA to guarantee 90 percent of any such loan for amounts between $200,000 and $500,000, and 95 percent of any such loan for amounts less than $200,000. Prohibits the SBA from collecting a guarantee fee from the lending institution or the borrower for such loan participation during the first two years of such participation, with a one percent (of the loan) fee permitted for the third through fifth years. Authorizes lenders to retain one-half of any fee so collected in order to encourage lenders to provide loans to small businesses located in areas of failed depository institutions. Limits the loan participation program to five years. | Small Business Lending and Credit Availability Act of 1993 |
.
Chapter 13 of title 31, United States Code, is amended by inserting
after section 1310 the following new section:
``Sec. 1311. Continuing appropriations
``(a)(1) If any regular appropriation bill or continuing resolution
for a fiscal year does not become law before the beginning of such
fiscal year, there is appropriated, out of any moneys in the Treasury
not otherwise appropriated, and out of applicable corporate or other
revenues, receipts, and funds, such sums as may be necessary to
continue any project or activity for which funds were provided in the
preceding fiscal year--
``(A) in the corresponding regular appropriation Act or
continuing resolution for such preceding fiscal year; or
``(B) if the corresponding regular appropriation bill or
continuing resolution for such preceding fiscal year did not
become law, then pursuant to this section.
``(2) Appropriations and funds made available, and authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be at a rate of operations not in excess of--
``(A) the rate of operations provided for in the regular
appropriation Act or continuing resolution providing for such
project or activity for the preceding fiscal year, or
``(B) in the absence of such an Act or continuing
resolution, the rate of operations provided for such project or
activity pursuant to this section for such preceding fiscal
year.
``(3) Appropriations and funds made available, and authority
granted, for any fiscal year pursuant to this section for a project or
activity shall be available for the period beginning with the first day
of such fiscal year and ending with the earlier of--
``(A) the date on which the applicable regular
appropriation bill or continuing resolution for such fiscal
year becomes law (whether or not such law provides for such
project or activity), and
``(B) the last day of such fiscal year.
``(b) An appropriation or funds made available, or authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be subject to the terms and conditions imposed with
respect to the appropriation made, funds made available, or authority
granted for such project or activity for the preceding fiscal year.
``(c) Appropriations and funds made available, and authority
granted, for any project or activity for any fiscal year pursuant to
this section shall cover all obligations or expenditures incurred for
such project or activity during the portion of such fiscal year for
which this section applies to such project or activity.
``(d) Expenditures made for a project or activity for any fiscal
year pursuant to this section shall be charged to the applicable
appropriation, fund, or authorization whenever a regular appropriation
bill or continuing resolution providing for such project or activity
for such period becomes law.
``(e) No appropriation is made by reason of subparagraph (B) of
subsection (a)(1) for a fiscal year for any project or activity for
which there is no authorization of appropriations for such fiscal year.
``(f) This section shall not apply to a project or activity during
a fiscal year if any other provision of law (other than an
authorization of appropriations)--
``(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period, or
``(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
``(g) For purposes of this section:
``(1) The term `regular appropriation bill' means any
regular appropriation bill (within the meaning given to such
term in section 307 of the Congressional Budget Act of 1974 (2
U.S.C. 638)) making appropriations, otherwise making funds
available, or granting authority, for any of the following
categories of projects and activities:
``(A) Agriculture, rural development, and related
agencies programs.
``(B) The Departments of Commerce, Justice, and
State, the Judiciary, and related agencies.
``(C) The Department of Defense.
``(D) The government of the District of Columbia
and other activities chargeable in whole or in part
against the revenues of the District.
``(E) The Departments of Labor, Health and Human
Services, and Education, and related agencies.
``(F) The Department of Housing and Urban
Development, and sundry independent agencies, boards,
commissions, corporations, and offices.
``(G) Energy and water development.
``(H) Foreign assistance and related programs.
``(I) The Department of the Interior and related
agencies.
``(J) Military construction.
``(K) The Department of Transportation and related
agencies.
``(L) The Treasury Department, the U.S. Postal
Service, the Executive Office of the President, and
certain independent agencies.
``(M) The legislative branch.
``(2) The term `continuing resolution' means any joint
resolution making continuing appropriations for all or part of
any fiscal year.''.
SEC. 2. CONFORMING AMENDMENT.
The analysis of chapter 13 of title 31, United States Code, is
amended by inserting after the item relating to section 1310 the
following new item:
``1311. Continuing appropriations.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply to fiscal years
beginning after September 30, 1995. | Provides for an automatic continuing appropriation for the U.S. Government whenever a regular appropriation bill or continuing resolution for a fiscal year does not become law prior to the beginning of such fiscal year. Appropriates such sums as may be necessary to continue any project or activity for which funds were provided in the preceding fiscal year in the amount provided: (1) in the corresponding regular appropriation Act or continuing resolution for such preceding fiscal year; or (2) if such corresponding appropriation bill or continuing resolution did not become law, then as provided by this Act.
Sets forth the terms and conditions relating to such continuing appropriations. Prohibits funding for any project or activity: (1) for which there is no authorization of appropriations for such fiscal year; or (2) during a fiscal year if any other provision of law makes an appropriation, makes funds available, grants continuation authority, or specifically prohibits funding or authority for such project or activity. | To amend title 31, United States Code, to provide an automatic continuing appropriation for the United States Government. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sound Science for Endangered Species
Act Planning Act of 2001''.
SEC. 2. SOUND SCIENCE.
(a) Best Scientific and Commercial Data Available.--
(1) In general.--Section 3 of the Endangered Species Act of
1973 (16 U.S.C. 1532) is amended--
(A) by amending the section heading to read as
follows:
``SEC. 3. DEFINITIONS AND GENERAL PROVISIONS.'';
(B) by striking ``For the purposes of this Act--''
and inserting the following:
``(a) Definitions.--In this Act:''; and
(C) by adding at the end the following:
``(b) Use of Certain Data.--In any case in which the Secretary is
required by this Act to use the best scientific and commercial data
available, the Secretary, in evaluating comparable data, shall give
greater weight to scientific or commercial data that is empirical or
has been field-tested or peer-reviewed.''.
(2) Conforming amendment.--The table of contents in the
first section of the Endangered Species Act of 1973 (16 U.S.C.
prec. 1531) is amended by striking the item relating to section
3 and inserting the following:
``Sec. 3. Definitions and general provisions.''.
(b) Use of Sound Science in Listing.--Section 4(b) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding
at the end the following:
``(9) Establishment of criteria for scientific studies to
support listing.--Not later than 1 year after the date of
enactment of this paragraph, the Secretary shall promulgate
regulations that establish criteria that must be met for
scientific and commercial data to be used as the basis of a
determination under this section that a species is an
endangered species or a threatened species.
``(10) Field data.--
``(A) Requirement.--The Secretary may not determine
that a species is an endangered species or a threatened
species unless the determination is supported by data
obtained by observation of the species in the field.
``(B) Data from landowners.--The Secretary shall--
``(i) accept and acknowledge receipt of
data regarding the status of a species that is
collected by an owner of land through
observation of the species on the land; and
``(ii) include the data in the rulemaking
record compiled for any determination that the
species is an endangered species or a
threatened species.''.
(c) Use of Sound Science in Recovery Planning.--Section 4(f) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(f)) is amended by adding
at the end the following:
``(6)(A) The Secretary shall identify and publish in the Federal
Register with the notice of a proposed regulation pursuant to paragraph
(5)(A)(i) a description of additional scientific and commercial data
that would assist in the preparation of a recovery plan and--
``(i) invite any person to submit the data to the
Secretary; and
``(ii) describe the steps that the Secretary plans to take
for acquiring additional data.
``(B) Data identified and obtained under subparagraph (A)(i) shall
be considered by the recovery team and the Secretary in the preparation
of the recovery plan in accordance with section 5.''.
SEC. 3. PEER REVIEW.
Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is
amended by adding at the end the following:
``(j) Independent Scientific Review Requirements.--
``(1) Definitions.--In this subsection:
``(A) Action.--The term `action' means--
``(i) the determination that a species is
an endangered species or a threatened species
under subsection (a);
``(ii) the determination under subsection
(a) that an endangered species or a threatened
species be removed from any list published
under subsection (c)(1);
``(iii) the development of a recovery plan
for a threatened species or endangered species
under subsection (f); and
``(iv) the determination that a proposed
action is likely to jeopardize the continued
existence of a listed species and the proposal
of any reasonable and prudent alternatives by
the Secretary under section 7(b)(3).
``(B) Qualified individual.--The term `qualified
individual' means an individual with expertise in the
biological sciences--
``(i) who through publication of peer-
reviewed scientific literature or other means,
has demonstrated scientific expertise on the
species or a similar species or other
scientific expertise relevant to the decision
of the Secretary under subsection (a) or (f);
``(ii) who does not have, or represent any
person with, a conflict of interest with
respect to the determination that is the
subject of the review;
``(iii) who is not a participant in any
petition or proposed or final determination
before the Secretary; and
``(iv) who has no direct financial
interest, and is not employed by any person
with a direct financial interest, in opposing
the action under consideration.
``(2) List of independent scientific reviewers.--The
Secretary shall solicit recommendations from the National
Academy of Sciences and develop and maintain a list of
qualified reviewers to participate in independent scientific
review actions.
``(3) Appointment of independent scientific reviewers.--(A)
Before any action shall become final, the Secretary shall
appoint randomly, from among the list prepared in accordance
with this section, 3 qualified individuals who shall review and
report to the Secretary on the scientific information and
analyses on which the proposed action is based.
``(B) The selection and activities of the referees selected
pursuant to this section shall not be subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
``(C) Reviewers shall be compensated for conducting the
independent review.
``(4) Opinion of peer reviewers.--Independent reviewers
shall provide the Secretary, within 3 months, their opinion
regarding all relevant scientific information and assumptions
relating to the taxonomy, population models, and supportive
biological and ecological information for the species in
question.
``(5) Final determination.--If the referees have made a
recommendation on a proposed action, the Secretary shall
evaluate and consider the information that results from the
independent scientific review and include in the final
determination--
``(A) a summary of the results of the independent
scientific review; and
``(B) in a case in which the recommendation of a
majority of the referees who conducted the independent
scientific review is not followed, an explanation as to
why the recommendation was not followed.
``(6) Public notice.--The report of the peer reviewers
shall be included in the official record of the proposed action
and shall be available for public review prior to the close of
the comment period on the proposed action.''.
SEC. 4. IMPROVED RECOVERY PLANNING.
(a) Use of Information Provided by States.--Section 7(b)(1) of the
Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) is amended by
adding at the end the following:
``(C) Use of state information.--In conducting a
consultation under subsection (a)(2), the Secretary
shall actively solicit and consider information from
the State agency in each affected State.''.
(b) Opportunity To Participate in Consultations.--Section 7(b)(1)
of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) (as
amended by subsection (a)) is further amended by adding at the end the
following:
``(D) Opportunity to participate in
consultations.--
``(i) In general.--In conducting a
consultation under subsection (a)(2), the
Secretary shall provide any person who has
sought authorization or funding from a Federal
agency for an action that is the subject of the
consultation, the opportunity to--
``(I) before the development of a
draft biological opinion, submit and
discuss with the Secretary and the
Federal agency information relevant to
the effect of the proposed action on
the species and the availability of
reasonable and prudent alternatives (if
a jeopardy opinion is to be issued)
that the Federal agency and the person
can take to avoid violation of
subsection (a)(2);
``(II) receive information, on
request, subject to the exemptions
specified in section 552(b) of title 5,
United States Code, on the status of
the species, threats to the species,
and conservation measures, used by the
Secretary to develop the draft
biological opinion and the final
biological opinion, including the
associated incidental taking
statements; and
``(III) receive a copy of the draft
biological opinion from the Federal
agency and, before issuance of the
final biological opinion, submit
comments on the draft biological
opinion and discuss with the Secretary
and the Federal agency the basis for
any finding in the draft biological
opinion.
``(ii) Explanation.--If reasonable and
prudent alternatives are proposed by a person
under clause (i) and the Secretary does not
include the alternatives in the final
biological opinion, the Secretary shall explain
to the person why those alternatives were not
included in the opinion.
``(iii) Public access to information.--
Comments and other information submitted to, or
received from, any person (pursuant to clause
(i)) who seeks authorization or funding for an
action shall be maintained in a file for that
action by the Secretary and shall be made
available to the public (subject to the
exemptions specified in section 552(b) of title
5, United States Code).''. | Sound Science for Endangered Species Act Planning Act of 2001 - Amends the Endangered Species Act of 1973 to direct the Secretary of the Interior to: (1) give greater weight to scientific and commercial data that is empirical or that has been field-tested or peer-reviewed in determining that a species is an endangered or threatened species; and (2) promulgate regulations that establish criteria for data to be used as the basis of such a determination.Prohibits the Secretary from determining that a species is endangered or threatened unless the determination is supported by data obtained by observation of the species in the field. Requires the Secretary to accept, acknowledge receipt of, and include in the rulemaking record of such a determination data collected by landowners through observation of the species on the land.Requires the Secretary to publish with the notice of a proposed regulation a description of additional scientific and commercial data that would assist in the preparation of a recovery plan, invite any person to submit such data, and describe the steps for acquiring additional data.Directs the Secretary: (1) to solicit recommendations from the National Academy of Sciences and develop a list of qualified reviewers to participate in independent scientific review actions; (2) before any proposed action becomes final, to appoint from such list three individuals who shall report on the scientific information and analyses on which such action is based; and (3) to include such report in the official record of the proposed action.Requires the Secretary, in consulting with each Federal agency and the affected States to insure that any agency action is not likely to jeopardize any endangered or threatened species or destroy the species' habitat, to: (1) consider information provided by such States; and (2) provide any person who has sought authorization or funding from a Federal agency for an action the opportunity to submit, discuss, and receive information relevant to the draft biological opinion. | To amend the Endangered Species Act of 1973 to require the Secretary of the Interior to give greater weight to scientific or commercial data that is empirical or has been field-tested or peer-reviewed, and for other purposes. |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Since 1975, title XX of the Social Security Act (42
U.S.C. 1397 et seq.), commonly referred to as the Social
Services Block Grant (in this section referred to as ``SSBG''),
has authorized funding for social services to ensure that at-
risk children and families, the elderly, and physically and
mentally disabled individuals remain stable, independent, and
economically self sufficient. In 1981, Congress and the Reagan
Administration converted SSBG into a block grant designed to
give maximum flexibility to States to serve these fundamental
purposes.
(2) Funds provided under the SSBG focus cost-effective
support at the community level that prevents the need for
inappropriate institutional care which is more costly for
Federal and State programs such as the medicaid, medicare, and
the social services disability benefits programs.
(3) The SSBG helps to further the goals set forth in the
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (Public Law 104-193; 110 Stat. 2105) by supporting
Temporary Assistance to Needy Families (TANF) and support-
related programs such as on-the-job training, child care,
transportation, counseling, and other services that facilitate
long-term family stability and economic self sufficiency.
(4) The SSBG provides essential funding to many States for
child welfare services that support the goals of the Adoption
and Safe Families Act of 1997 (Public Law 105-89; 111 Stat.
2115) to promote a safe family environment and encourage
adoption to move children into stable and permanent families.
(5) The SSBG helps promote independent living for
vulnerable and low-income elderly individuals by supporting
home care services, including home-delivered meals, adult
protective services, adult day care, and other essential case
management services provided in every State.
(6) It is reported that 820,000 older Americans are abused
and neglected in this country each year. There are additional
concerns about the under reporting of elderly abuse and
neglect. The SSBG supports adult protective services that
prevent widespread abuse and neglect of older Americans and
help more than 651,000 elderly individuals in 31 States.
(7) More than 570,000 disabled individuals receive a range
of community-based services and supports nationwide. The SSBG
provides significant resources to fill the funding gaps in the
developmental disabilities system by supporting such services
as early intervention and crisis intervention, adult day care,
respite care, transportation, employment training, and
independent living services in 38 States.
(8) The SSBG supports essential mental health and related
services to ensure that vulnerable adults and children receive
early intervention to prevent more serious and costly mental
health crises in the future. Such services include the
provision of counseling to almost 400,000 adults and children,
case management services for nearly 900,000 families, and the
provision of information and referral assistance to more than
1,300,000 individuals.
(9) There are nearly 3,000,000 reports of child abuse and
neglect each year There are currently over 300,000 children in
the American foster care system. The SSBG enables the provision
of child protective services to 1,300,000 children, adoption
services to over 150,000 children and families, and prevention
and intervention services to more than 700,000 families.
(10) The SSBG has been eroded by more than $1,000,000,000
over the last 6 years resulting in cuts in services in many
States and local communities.
(11) Temporary Assistance to Needy Families (TANF) block
grants cannot be used to make up cuts to the SSBG because a
large percentage of SSBG funds are used for the elderly,
disabled, and other populations that are ineligible for TANF
funds.
(12) The 104th Congress made a commitment to the SSBG in
the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 by authorizing the program at $2,380,000,000
through fiscal year 2002 and returning the authorization for
the program to $2,800,000,000 in fiscal year 2003 and each
succeeding fiscal year.
SEC. 2. RESTORATION OF AUTHORITY TO TRANSFER UP TO 10 PERCENT OF TANF
FUNDS TO THE SOCIAL SERVICES BLOCK GRANT FOR FISCAL YEAR
2002.
(a) In General.--Section 404(d)(2)(B) of the Social Security Act
(42 U.S.C. 604(d)(2)(B)) is amended by striking ``4.25'' and inserting
``10''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2001.
SEC. 3. RESTORATION OF FUNDS FOR THE SOCIAL SERVICES BLOCK GRANT.
(a) In General.--Section 2003(c) of the Social Security Act (42
U.S.C. 1397b(c)) is amended by striking paragraphs (10) and (11) and
inserting the following:
``(10) $1,775,000,000 for the fiscal year 2000;
``(11) $1,725,000,000 for the fiscal year 2001; and
``(12) $2,380,000,000 for the fiscal year 2002 and each
succeeding fiscal year.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2001.
SEC. 4. REQUIREMENT TO SUBMIT ANNUAL REPORT ON STATE ACTIVITIES.
(a) In General.--Section 2006(c) of the Social Security Act (42
U.S.C. 1397e(c)) is amended by adding at the end the following: ``The
Secretary shall compile the information submitted by the States and
submit that information to Congress on an annual basis.''.
(b) Effective Date.--The amendment made by subsection (a) applies
to information submitted by States under section 2006 of the Social
Security Act (42 U.S.C. 1397e) with respect to fiscal year 2000 and
each fiscal year thereafter. | Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) to increase from 4.25 percent to ten percent the amount of TANF funds a State may transfer to carry out State programs under SSA title XX (Block Grants to States for Social Services) for FY 2002.Amends SSA title XX to: (1) increase the authorization of appropriations for States and territories for FY 2001, 2002, and succeeding fiscal years; and (2) require the Secretary of Health and Human Services to compile information on State activities carried out under SSA title XX and report it annually to Congress. | To amend titles IV and XX of the Social Security Act to restore funding for the Social Services Block Grant, and restore for fiscal year 2002 the ability of States to transfer up to 10 percent of funds from the program of block grants to States for temporary assistance for needy families to carry out activities under the Social Services Block Grant. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Succession Act of
2005''.
SEC. 2. PRESIDENTIAL SUCCESSION.
(a) In General.--Section 19(d) of title 3, United States Code, is
amended--
(1) in paragraph (1), by inserting ``, Secretary of
Homeland Security, Ambassador to the United Nations, Ambassador
to Great Britain, Ambassador to Russia, Ambassador to China,
Ambassador to France'' after ``Secretary of Veterans Affairs'';
(2) in paragraph (2)--
(A) by striking ``acting as'' and inserting
``serving as acting''; and
(B) by striking ``but not'' and all that follows
through the period and inserting ``or until the
disability of the President or Vice President is
removed.'';
(3) in paragraph (3)--
(A) by striking ``be held to constitute'' and
inserting ``not require'';
(B) by striking ``act as President'' and inserting
``serve as acting President''; and
(C) by adding at the end the following: ``Such
individual shall not receive compensation from holding
that office during the period that the individual
serves as acting President or Vice President under this
section, and shall be compensated for that period as
provided under subsection (c).''; and
(4) by adding at the end the following:
``(4) This subsection shall apply only to such officers that are--
``(A) eligible to the office of President under the
Constitution;
``(B) appointed to an office listed under paragraph (1), by
and with the advice and consent of the Senate, prior to the
time the powers and duties of the President devolve to such
officer under paragraph (1); and
``(C) not under impeachment by the House of Representatives
at the time the powers and duties of the office of President
devolve upon them.''.
(b) Conforming Amendments.--Section 19 of such title is amended as
follows:
(1) In subsection (a)--
(A) in paragraph (1), by striking ``act as
President'' and inserting ``serve as acting
President''; and
(B) in paragraph (2), by striking ``acting as
President'' and inserting ``serving as acting
President''.
(2) In subsection (b), by striking ``act as President'' and
inserting ``serve as acting President''.
(3) In subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``acting as President'' and
inserting ``serving as acting President'', and
(ii) by striking ``continue to act'' and
inserting ``continue to serve''; and
(B) in paragraphs (1) and (2), by striking ``shall
act'' each place it appears and inserting ``shall
serve''.
(4) In subsection (e)--
(A) in the first sentence, by striking ``(a), (b),
and (d)'' and inserting ``(a) and (b)''; and
(B) by striking the second sentence.
(5) In subsection (f), by striking ``acts as President''
and inserting ``serves as acting President''.
SEC. 3. SENSE OF CONGRESS REGARDING VOTES BY ELECTORS AFTER DEATH OR
INCAPACITY OF NOMINEES.
It is the sense of Congress that--
(1) during a Presidential election year, the nominees of
each political party for the office of President and Vice
President should jointly announce and designate on or before
the final day of the convention (or related event) at which
they are nominated the individuals for whom the electors of
President and Vice President who are pledged to vote for such
nominees should give their votes for such offices in the event
that such nominees are deceased or permanently incapacitated
prior to the date of the meeting of the electors of each State
under section 7 of title 3, United States Code;
(2) in the event a nominee for President is deceased or
permanently incapacitated prior to the date referred to in
paragraph (1) (but the nominee for Vice President of the same
political party is not deceased or permanently incapacitated),
the electors of President who are pledged to vote for the
nominee should give their votes to the nominee of the same
political party for the office of Vice President, and the
electors of Vice President who are pledged to vote for the
nominee for Vice President should give their votes to the
individual designated for such office by the nominees under
paragraph (1);
(3) in the event a nominee for Vice President is deceased
or permanently incapacitated prior to the date referred to in
paragraph (1) (but the nominee for President of the same
political party is not deceased or permanently incapacitated),
the electors of Vice President who are pledged to vote for such
nominee should give their votes to the individual designated
for such office by the nominees under paragraph (1);
(4) in the event that both the nominee for President and
the nominee for Vice President of the same political party are
deceased or permanently incapacitated prior to the date
referred to in paragraph (1), the electors of President and
Vice President who are pledged to vote for such nominees should
vote for the individuals designated for each such office by the
nominees under paragraph (1); and
(5) political parties should establish rules and procedures
consistent with the procedures described in the preceding
paragraphs, including procedures to obtain written pledges from
electors to vote in the manner described in such paragraphs.
SEC. 4. SENSE OF CONGRESS ON THE CONTINUITY OF GOVERNMENT AND THE
SMOOTH TRANSITION OF EXECUTIVE POWER.
(a) Findings.--Congress finds that--
(1) members of the Senate, regardless of political party
affiliation, agree that the American people deserve a
Government that is failsafe and foolproof, and that terrorists
should never have the ability to disrupt the operations of the
Government;
(2) continuity of governmental operations in the wake of a
catastrophic terrorist attack remains a pressing issue of
national importance before the United States Congress;
(3) at a minimum, terrorists should never have the ability,
by launching a terrorist attack, to change the political party
that is in control of the Government, regardless of which party
is in power;
(4) whenever control of the White House shall change from
one political party to another, the outgoing President and the
incoming President should work together, and with the Senate to
the extent determined appropriate by the Senate, to ensure a
smooth transition of executive power, in the interest of the
American people;
(5) under the current presidential succession statute in
section 19 of title 3, United States Code, the members of the
cabinet, defined as the heads of the statutory executive
departments under section 101 of title 5, United States Code,
fall within the line of succession to the presidency;
(6) during previous presidential transition periods, the
incoming President has had to serve with cabinet members from
the prior administration, including subcabinet officials from
the prior administration acting as cabinet members, for at
least some period of time;
(7) the Constitution vests the appointment power of
executive branch officials in the President, by and with the
advice and consent of the Senate, and nothing in this
resolution is intended to alter either the constitutional power
of the President or the constitutional function of the Senate
with regard to the confirmation of presidential nominees;
(8) an incoming President cannot exercise the
constitutional powers of the President, in order to ensure a
smooth transition of Government, until noon on the 20th day of
January, pursuant to the terms of the twentieth amendment to
the Constitution;
(9) cooperation between the incoming and the outgoing
President is therefore the only way to ensure a smooth
transition of Government;
(10) Congress throughout history has acted consistently and
in a bipartisan fashion to encourage measures to ensure the
smooth transition of executive power from one President to
another, such as through the enactment of the Presidential
Transition Act of 1963 (3 U.S.C. 102 note; Public Law 88-277)
and subsequent amendments;
(11) Congress has previously concluded that ``[t]he
national interest requires'' that ``the orderly transfer of the
executive power in connection with the expiration of the term
of office of a President and the inauguration of a new
President . . . be accomplished so as to assure continuity in
the faithful execution of the laws and in the conduct of the
affairs of the Federal Government, both domestic and foreign''
under the Presidential Transition Act of 1963 (3 U.S.C. 102
note; Public Law 88-277);
(12) Congress has further concluded that ``[a]ny disruption
occasioned by the transfer of the executive power could produce
results detrimental to the safety and well-being of the United
States and its people'' under the Presidential Transition Act
of 1963 (3 U.S.C. 102 note; Public Law 88-277);
(13) Congress has previously expressed its intent ``that
appropriate actions be authorized and taken to avoid or
minimize any disruption'' and ``that all officers of the
Government so conduct the affairs of the Government for which
they exercise responsibility and authority as (1) to be mindful
of problems occasioned by transitions in the office of the
President, (2) to take appropriate lawful steps to avoid or
minimize disruptions that might be occasioned by the transfer
of the executive power, and (3) otherwise to promote orderly
transitions in the office of President'' under the Presidential
Transition Act of 1963 (3 U.S.C. 102 note; Public Law 88-277);
(14) the National Commission on Terrorist Attacks Upon the
United States established under title VI of the Intelligence
Authorization Act for Fiscal Year 2003 (6 U.S.C. 101 note;
Public Law 107-306) expressly recognized the need to ``Improve
the Transitions between Administrations'' in its final report;
(15) the Commission specifically recommended that,
``[s]ince a catastrophic attack could occur with little or no
notice, we should minimize as much as possible the disruption
of national security policymaking during the change of
administrations by accelerating the process for national
security appointments'' and that ``the process could be
improved significantly so transitions can work more effectively
and allow new officials to assume their new responsibilities as
quickly as possible'';
(16) the Commission suggested that ``[a] president-elect
should submit lists of possible candidates for national
security positions to begin obtaining security clearances
immediately after the election, so that their background
investigations can be complete before January 20'', that ``[a]
president-elect should submit the nominations of the entire new
national security team, through the level of under secretary of
cabinet departments, not later than January 20'', that ``[t]he
Senate, in return, should adopt special rules requiring
hearings and votes to confirm or reject national security
nominees within 30 days of their submission'', and that an
outgoing Administration should work cooperatively with an
incoming President to ensure a smooth transition, in the
interest of national security; and
(17) there is no more important national security position
than the office of President, and thus it is essential to
national security that any new administration establish its own
clear and stable line of succession to the presidency as
quickly as possible.
(b) Sense of Congress.--It is the sense of the Senate that during
the period preceding the end of a term of office in which a President
will not be serving a succeeding term--
(1) that President should consider submitting the
nominations of individuals to the Senate who are selected by
the President-elect for offices that fall within the line of
succession;
(2) the Senate should consider conducting confirmation
proceedings and votes on the nominations described under
paragraph (1), to the extent determined appropriate by the
Senate, between January 3 and January 20 before the
Inauguration; and
(3) that President should consider agreeing to sign and
deliver commissions for all approved nominations on January 20
before the Inauguration to ensure continuity of Government. | Presidential Succession Act of 2005 - Modifies the presidential succession list to include, following the Secretary of Veterans Affairs, the Secretary of Homeland Security, the Ambassador to the United Nations, the Ambassador to Great Britain, the Ambassador to Russia, the Ambassador to China, and the Ambassador to France.
Revises the provision specifying how long an acting President shall serve to provide that an acting President shall continue to serve as such until the expiration of the then current Presidential term or until the disability of the President or Vice-President is removed.
Expresses the sense of Congress with respect to: (1) votes by electors after the death or incapacity of nominees; and (2) the continuity of government and the transition of executive power. | To amend chapter 1 of title 3, United States Code, relating to Presidential succession. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Samoa Study Commission
Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) the islands of Tutuila and Manua, and certain other
islands that compose American Samoa, were ceded by the chiefs
of the islands to the United States by 2 treaties ratified on
April 10, 1900, and July 16, 1904;
(2) American Samoa's status as an unorganized and
unincorporated territory of the United States, and American
Samoa's political relationship to the United States, are not
clearly defined in any single document;
(3) there is a need for a comprehensive study and review of
the historical and legal bases of American Samoa's status and
political relationship with the United States, including--
(A) a determination of American Samoa's present
political relationship with the United States compared
to other relationships such as commonwealth, free
association, and covenant; and
(B) an examination of whether the treaties of
cession created trust obligations to American Samoa on
the part of the United States;
(4) the economic and social needs of American Samoa are
substantially affected by the nature of American Samoa's
political status and relationship with the United States; and
(5) the need for a comprehensive study also of Swains
Island.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the ``American
Samoa Study Commission''.
SEC. 4. DUTIES.
(a) In General.--It shall be the duty of the Commission--
(1) to study and evaluate all factors that led to American
Samoa's historical and present political status and
relationship with the United States, including--
(A) the events that led to the cession to the
United States of the islands that compose American
Samoa; and
(B) the constitutions, statutes, treaties, and
agreements that affect American Samoa's political
status and relationship with the United States;
(2) to determine the nature of American Samoa's political
status and relationship with the United States compared to
relationships such as commonwealth, free association, and
covenant, and the extent to which the treaties of cession
created trust obligations to American Samoa on the part of the
United States;
(3) to determine whether a single document is needed to set
forth American Samoa's political status and relationship with
the United States; and
(4) to study and evaluate the impact of American Samoa's
political status and relationship with the United States (as
determined by the Commission under paragraph (2)) on the
economic and social needs of American Samoa and its residents.
(b) Consultation.--The Commission shall, to the maximum extent
practicable, consult with American Samoans in carrying out the duties
of the Commission under subsection (a).
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 5
members appointed as follows:
(1) 3 members appointed by the Secretary of the Interior,
including--
(A) 1 member appointed from among individuals
recommended by the Governor of American Samoa; and
(B) 1 member appointed from among individuals
recommended by the legislature of the Territorial
government of American Samoa.
(2) 1 member appointed by the Speaker of the House of
Representatives.
(3) 1 member appointed by the President of the Senate.
(b) Terms.--Each member shall be appointed for the life of the
Commission.
(c) Basic Pay.--
(1) Rates of pay.--Except as provided in paragraph (2),
each member of the Commission shall be paid, to the extent of
amounts made available in appropriation Acts, $150 for each day
(including travel time) during which the member is engaged in
the actual performance of the duties of the Commission.
(2) Prohibition of compensation of federal employees.--
Except as provided in subsection (d), members of the Commission
who are full-time officers or employees of the United States or
the Territorial government of American Samoa may not receive
additional pay, allowances, or benefits by reason of their
service on the Commission.
(d) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(e) Quorum.--3 members of the Commission shall constitute a quorum,
but a lesser number may hold hearings.
(f) Chairperson; Vice Chairperson.--The Chairperson and Vice
Chairperson of the Commission shall be elected by the members.
(g) Meetings.--
(1) Initial meeting.--Not later than the expiration of the
90-day period beginning on the date of the enactment of this
Act, the Secretary of the Interior shall call the initial
meeting of the members of the Commission.
(2) Subsequent meetings.--The Chairperson or a majority of
the members of the Commission shall call any meeting of the
Commission that occurs after the meeting called under paragraph
(1).
SEC. 6. STAFF AND SUPPORT SERVICES.
(a) Director.--The Commission shall have a Director, who shall be
appointed by the Commission.
(b) Staff.--Subject to rules prescribed by the Commission, the
Chairperson of the Commission may appoint and fix the pay of personnel
as the Chairperson considers appropriate.
(c) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates, except that
an individual so appointed may not receive pay in excess of the maximum
rate of basic pay payable for GS-16 of the General Schedule.
(d) Experts and Consultants.--Subject to rules prescribed by the
Commission, the Chairperson of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United States
Code, but at rates for individuals not to exceed $150 per day.
(e) 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 responsibilities
under this Act.
SEC. 7. POWERS OF COMMISSION.
(a) Hearings.--
(1) In general.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and
locations, take testimony, and receive evidence as the
Commission considers appropriate.
(2) Location of certain hearings.--
(A) Required hearings.--The Commission shall
conduct at least 1 hearing at any location on each of--
(i) Tutuila;
(ii) Ofu;
(iii) Olosega; and
(iv) Tau.
(B) Other hearings.--The Commission may conduct at
least 3 separate hearings in the United States at
locations where significant numbers of American Samoans
reside.
(3) Notice.--The Commission shall provide notice to the
public of the hearings referred to in paragraphs (1) and (2),
including information regarding the date, location, and topic
of each meeting, and shall take other actions as the Commission
considers necessary to obtain, to the maximum extent
practicable, public participation in the hearings.
(b) Delegation of Authority.--Any member or agent of the Commission
may, if authorized by the Commission, take any action that the
Commission is authorized to take by this Act.
(c) Obtaining Official Data.--
(1) In general.--The Commission may secure directly from
any Federal agency information necessary to enable it to carry
out this Act. Upon request of the Chairperson or Vice
Chairperson of the Commission, the head of the Federal agency
shall furnish the information to the Commission.
(2) Exception.--Paragraph (1) shall not apply to any
information that the Commission is prohibited to secure or
request by another law.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
SEC. 8. REPORTS.
(a) Draft Report.--
(1) In general.--Not later than the expiration of the 1-
year period beginning on the date of the enactment of this Act,
the Commission shall prepare and publish a draft report
containing the findings, conclusions, and recommendations of
the Commission.
(2) Distribution.--The Commission shall distribute such
report to appropriate Federal and American Samoan agencies and
shall make such report available to members of the public upon
request.
(3) Solicitation of comments.--The Commission shall solicit
written comments from the Federal and American Samoan agencies
and other persons to which copies of such report are
distributed under paragraph (2).
(b) Final Report.--Not later than the expiration of the 9-month
period beginning on the date of the publication of the report required
by subsection (a)(1), the Commission shall submit to the President and
the Congress a final report, which shall include--
(1) a detailed statement of the findings and conclusions
made by the Commission after consideration of the comments
received by the Commission under subsection (a)(3);
(2) the recommendations of the Commission for legislative
and administrative actions that the Commission determines to be
appropriate; and
(3) copies of all written comments received by the
Commission under subsection (a)(3).
SEC. 9. DEFINITIONS.
For purposes of this Act:
(1) The term ``American Samoan'' has the meaning given the
term ``native American Samoan'' in section 4 of Public Law 100-
571 (16 U.S.C. 410qq-3).
(2) The term ``Commission'' means the American Samoa Study
Commission established in section 3.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as are necessary
to carry out the provisions of this Act.
SEC. 11. TERMINATION.
The Commission shall terminate not later than the expiration of the
60-day period beginning on the date on which the Commission submits its
final report under section 8. | American Samoa Study Commission Act - Establishes the American Samoa Study Commission which shall: (1) evaluate the history and nature of American Samoa's political relationship with the United States, and determine whether a single document is needed to express such relationship; and (2) evaluate such relationship's economic and social effects on American Samoa. Authorizes appropriations. Terminates the Commission upon submission of a required report. | American Samoa Study Commission Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stealth Lobbyist Disclosure Act of
2004''.
SEC. 2. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN ORGANIZATIONS.
(a) In General.--Section 527 of the Internal Revenue Code of 1986
(relating to political organizations) is amended by adding at the end
the following new subsection:
``(m) Disclosure of Certain Lobbying Activities.--
``(1) In general.--In the case of a coalition or
association that is identified as a client on any registration
filed under section 4 of the Lobbying Disclosure Act of 1995
and that is not a political organization (determined without
regard to this paragraph)--
``(A) such coalition or association shall be
treated for purposes of this title as a separate entity
which is a political organization, and
``(B) this section shall be applied to such
coalition or association with the following
modifications:
``(i) The function of conducting lobbying
activities (as defined in section 3(7) of the
Lobbying Disclosure Act of 1995) shall be
treated as its exempt function.
``(ii) The specific deduction under
subsection (c)(2)(A) shall not be allowed.
``(iii) Subparagraphs (C) and (D) of
subsection (c)(3) shall not apply.
``(iv) The disclosure requirements of
paragraph (2) shall apply in lieu of the
requirements of subsections (i) and (j).
For purposes of subparagraph (B)(i), lobbying activities shall
not include any activity described in subparagraph (C), (D), or
(E) of section 4911(d)(2).
``(2) Disclosure requirements.--
``(A) Establishment.--A coalition or association
which is treated under paragraph (1) as a political
organization shall notify the Secretary, electronically
and in writing, of its existence. Such notice shall be
transmitted not later than 72 hours after a lobbyist
first makes a lobbying contact (or, if earlier, is
employed or retained to make a lobbying contact) on
behalf of such coalition or association. For purposes
of the preceding sentence, the terms `lobbyist' and
`lobbying contact' have the respective meanings given
to such terms by section 3 of the Lobbying Disclosure
Act of 1995.
``(B) Change in membership.--A coalition or
association which is required to provide a notice to
the Secretary under paragraph (1) shall also notify the
Secretary, electronically and in writing, of any change
in its membership since its prior required notice under
this paragraph. Such notice shall be transmitted not
later than 72 hours after the date of the membership
change.
``(3) Contents of notice.--
``(A) Initial notice.--Each notice required under
paragraph (2)(A) shall include information regarding--
``(i) the name, address, business telephone
number, and principal place of business of each
of the members of the coalition or association,
``(ii) a general description of the
business or activities of each of such members,
and
``(iii) the amount reasonably expected to
be contributed by each of such members toward
the activities of the coalition or association
of influencing legislation.
``(B) Notice of membership change.--Each notice
required under paragraph (2)(B) shall include--
``(i) if the notice relates to a new member
of the coalition or association, the
information described in subparagraph (A) with
respect to such new member, and
``(ii) if the notice relates to the
cessation of a person's membership, the name of
such person.
``(4) Effect of failure.--
``(A) In general.--In the case of--
``(i) a failure to give the notice required
under paragraph (2) at the time and in the
manner prescribed therefor, or
``(ii) a failure to include any of the
information required to be included in such
notice or to show the correct information,
there shall be paid by the coalition or association an
amount equal to the rate of tax specified in subsection
(b)(1) multiplied by the amount involved.
``(B) Amount involved.--For purposes of
subparagraph (A), the amount involved with respect to
any failure is--
``(i) in the case of a failure to file the
notice under paragraph (2)(A) at the time and
in the manner prescribed therefor, the amount
which is reasonably expected to be paid by the coalition or association
or its members to the person filing the registration statement, and
``(ii) in the case of a failure to include
any of the information required to be included
in such notice, or to show the correct
information, with respect to any member, the
amount reasonably expected to be contributed by
such member toward the activities of the
coalition or association of influencing
legislation.
``(C) Joint and several liability.--All members of
the coalition or association shall be jointly and
severally liable under this paragraph for any failure.
``(D) Procedures for assessment and collection of
penalty.--For purposes of subtitle F, the penalty
imposed by this paragraph shall be assessed and
collected in the same manner as penalties imposed by
section 6652(c).
``(5) Exception for certain tax-exempt associations.--This
subsection shall not apply to any association--
``(A) which is described in section 501(c)(3) and
exempt from tax under section 501(a), or
``(B)(i) which is described in any other paragraph
of section 501(c) and exempt from tax under section
501(a), and
``(ii) which has substantial exempt activities
other than lobbying with respect to the specific issue
for which it engaged the person filing the registration
statement under section 4 of the Lobbying Disclosure
Act of 1995.
The preceding sentence shall not apply to any association
formed or availed of to avoid the purposes of this subsection.
``(6) Exception from disclosure for certain members.--
``(A) In general.--Information on a member of a
coalition or association need not be included in any
notice under paragraph (3) if the amount referred to in
paragraph (3)(A)(iii) with respect to such member is
less than $2,000 per year.
``(B) Expenditures in excess of expected amount.--
If--
``(i) information on a member of a
coalition or association is not included in any
notice by reason of subparagraph (A), and
``(ii) the amount contributed by such
member toward the activities of the coalition
or association of influencing legislation
exceeds $2,200 per year,
such member shall be treated for purposes of this
subsection as a new member of such coalition or
association as of the earliest date that clause (ii) is
met.
``(7) Look-thru rules.--In the case of a coalition or
association which is treated as a political organization under
paragraph (1)--
``(A) such coalition or association shall be
treated as employing or retaining other persons to
conduct lobbying activities for purposes of determining
whether any individual member thereof is treated as a
political organization under paragraph (1), and
``(B) information on such coalition or association
need not be included in any notice under paragraph (2)
of the coalition or association with respect to which
it is treated as a political organization under
paragraph (1).''.
(b) Public Disclosure of Notices.--
(1) In general.--Paragraph (1) of section 527(k) of such
Code is amended by inserting ``or (m)(2)'' after ``(i)(1)''.
(2) Access.--Paragaraph (2) of section 527(k) of such Code
is amended by inserting after subparagraph (G) the following
new subparagraph:
``(H) The organizations which file a notice under
subsection (m).''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to--
(A) coalitions and associations listed on
registration statements filed under section 4 of the
Lobbying Disclosure Act of 1995 after the date of the
enactment of this Act, and
(B) coalitions and associations for whom any
lobbying contact is made after the date of the
enactment of this Act.
(2) Special rule.--In the case of any coalition or
association to which the amendments made by this Act apply by
reason of paragraph (1)(B), the time to file the notice under
section 527(k)(2) of the Internal Revenue Code of 1986, as
added by this section, shall be 30 days after the date of the
enactment of this section. | Stealth Lobbyist Disclosure Act of 2004 - Amends the Internal Revenue Code to treat as a tax-exempt political organization for purposes of the disclosure and other requirements applicable to such organizations (with certain modifications) any coalition or association that is identified as a client on any registration filed under the Lobbying Disclosure Act of 1995 and that is not a political organization.
Requires any such coalition or association to notify the Secretary of the Treasury of: (1) its existence within 72 hours after one of its lobbyists makes an initial contact; and (2) any change in membership within 72 hours. Requires such notice to include a general description of the business or activities of each member of the coalition or association and the amount reasonably expected to be contributed by each member toward coalition or association activities of influencing legislation. Imposes a penalty tax for failure to give required notices.
Exempts from the disclosure requirements imposed by this Act: (1) public charities and other tax-exempt organizations which have substantial exempt activities other than lobbying; and (2) members of a coalition or association who contribute less than $2,000 per year for lobbying activities. | To amend the Internal Revenue Code of 1986 to require disclosure of lobbying activities by certain organizations. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medication Therapy Management
Empowerment Act of 2013''.
SEC. 2. IMPROVED ACCESS TO MEDICATION THERAPY MANAGEMENT UNDER PART D
OF THE MEDICARE PROGRAM.
Section 1860D-4(c)(2) of the Social Security Act (42 U.S.C. 1395w-
104(c)(2)) is amended--
(1) in subparagraph (A)(ii)(I), by striking ``have'' and
inserting ``subject to subparagraph (H), have''; and
(2) by adding at the end the following new subparagraph:
``(H) Expansion of definition of targeted
beneficiary the expansion reduces spending.--
``(i) CMS actuary report.--Not later than
January 1, 2014, the Chief Actuary of the
Centers for Medicare & Medicaid Services (in
this subparagraph referred to as the `Chief
Actuary') shall submit to the Secretary and to
Congress a report on whether or not the
expansion described in clause (ii) would, if
implemented, reduce expenditures under this
title. If the Chief Actuary determines that
such expansion would reduce spending under this
title, such report shall include a
certification of such determination.
``(ii) Expansion described.--The expansion
described in this clause is an expansion of the
definition of targeted beneficiary under
subparagraph (A)(ii) by applying subclause (I)
of such subparagraph as if the following were
inserted before the semicolon at the end: `or a
single chronic disease that accounts for high
spending under this title, including diabetes,
hypertension, heart failure, dyslipidemia,
respiratory disease (such as asthma, chronic
obstructive pulmonary disease, or chronic lung
disorders), bone disease-arthritis (such as
osteoporosis or osteoarthritis), rheumatoid
arthritis, and mental health (such as
depression, schizophrenia, or bipolar
disorder)'.
``(iii) Application if the chief actuary
determines that the expansion reduces
spending.--If the report under clause (i)
contains the certification described in such
clause, the following rules shall apply:
``(I) Implementation of
expansion.--Subject to subclause (III),
effective with respect to plan years
beginning on or after January 1, 2015,
subparagraph (A)(ii)(I) shall be
applied to include the expansion
described in clause (ii).
``(II) Updated cms actuary report
based on implementation.--Not later
than March 1, 2020, the Chief Actuary
shall submit to the Secretary and to
Congress a report on the implementation
of the expansion under subclause (I).
Such report shall include an analysis
of whether or not such expansion
reduces spending under this title.
``(III) Authority to terminate
expansion if the expansion does not
reduce spending.--If the Chief Actuary
determines in the report under
subclause (II) that the expansion does
not reduce spending under this title,
the Secretary may, effective with
respect to plan years beginning on or
after January 1, 2021, apply
subparagraph (A)(ii)(I) as if this
subparagraph had never been enacted. In
making the determination under the
preceding sentence, the Secretary shall
take into account whether such
expansion improves the quality of care
furnished to, and the health outcomes
of, individuals eligible for services
under a medication therapy management
program by reason of such expansion.''. | Medication Therapy Management Empowerment Act of 2013 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to direct the Chief Actuary of the Centers for Medicare and Medicaid Services to report to the Secretary of Health and Human Services (HHS) and to Congress on whether or not the expansion of the definition of targeted beneficiary, with respect to medication therapy management, would, if implemented, reduce spending under Medicare. Requires the report to include a certification of any determination by the Chief Actuary that such expansion would reduce such spending. Specifies such an expansion as targeted beneficiaries with a single chronic disease that accounts for high Medicare spending, including diabetes, hypertension, heart failure, dyslipidemia, respiratory disease (such as asthma, chronic obstructive pulmonary disease, or chronic lung disorders), bone disease-arthritis (such as osteoporosis or osteoarthritis), rheumatoid arthritis, and mental health (such as depression, schizophrenia, or bipolar disorder). (Currently a targeted beneficiary must have multiple chronic diseases.) Requires such an expansion to take place if the report contains the certification indicated. | Medication Therapy Management Empowerment Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business and Financial
Institutions Tax Relief Act of 2003''.
SEC. 2. EXPANSION OF BANK S CORPORATION ELIGIBLE SHAREHOLDERS TO
INCLUDE IRAS.
(a) In General.--Section 1361(c)(2)(A) of the Internal Revenue Code
of 1986 (relating to certain trusts permitted as shareholders) is
amended by inserting after clause (v) the following new clause:
``(vi) In the case of a corporation which
is a bank (as defined in section 581), a trust
which constitutes an individual retirement
account under section 408(a), including one
designated as a Roth IRA under section 408A,
but only to the extent of the stock held by
such trust in such bank as of the date of the
enactment of this clause.''.
(b) Treatment as Shareholder.--Section 1361(c)(2)(B) of such Code
(relating to treatment as shareholders) is amended by adding at the end
the following new clause:
``(vi) In the case of a trust described in
clause (vi) of subparagraph (A), the individual
for whose benefit the trust was created shall
be treated as a shareholder.''.
(c) Sale of Stock in IRA Relating to S Corporation Election Exempt
From Prohibited Transaction Rules.--Section 4975(d) of such Code
(relating to exemptions) is amended by striking ``or'' at the end of
paragraph (14), by striking the period at the end of paragraph (15) and
inserting ``; or'', and by adding at the end the following new
paragraph:
``(16) a sale of stock held by a trust which constitutes an
individual retirement account under section 408(a) to the
individual for whose benefit such account is established if
such sale is pursuant to an election under section 1362(a).''.
(d) Conforming Amendment.--Section 512(e)(1) of such Code is
amended by inserting ``1361(c)(2)(A)(vi) or'' before ``1361(c)(6)''.
(e) Effective Date.--The amendments made by this section shall
apply to trusts which constitute individual retirement accounts on the
date of the enactment of this Act.
SEC. 3. EXCLUSION OF INVESTMENT SECURITIES INCOME FROM PASSIVE INCOME
TEST FOR BANK S CORPORATIONS.
(a) In General.--Section 1362(d)(3)(C) of the Internal Revenue
Code of 1986 (defining passive investment income) is amended by adding
at the end the following:
``(v) Exception for banks; etc.--In the
case of a bank (as defined in section 581) or a
bank holding company (as defined in section
246A(c)(3)(B)(ii)), the term `passive
investment income' shall not include--
``(I) interest income earned by
such bank or bank holding company, or
``(II) dividends on assets required
to be held by such bank or bank holding
company to conduct a banking business,
including stock in the Federal Reserve
Bank, the Federal Home Loan Bank, or
the Federal Agricultural Mortgage Bank
or participation certificates issued by
a Federal Intermediate Credit Bank.''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2003.
SEC. 4. INCREASE IN NUMBER OF ELIGIBLE SHAREHOLDERS TO 150.
(a) In General.--Section 1361(b)(1)(A) of the Internal Revenue Code
of 1986 (defining small business corporation) is amended by striking
``75 shareholders'' and inserting ``150 shareholders''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2003.
SEC. 5. TREATMENT OF QUALIFYING DIRECTOR SHARES.
(a) In General.--Section 1361 of the Internal Revenue Code of 1986
is amended by adding at the end the following:
``(f) Treatment of Qualifying Director Shares.--
``(1) In general.--For purposes of this subchapter--
``(A) qualifying director shares shall not be
treated as a second class of stock, and
``(B) no person shall be treated as a shareholder
of the corporation by reason of holding qualifying
director shares.
``(2) Qualifying director shares defined.--For purposes of
this subsection, the term `qualifying director shares' means
any shares of stock in a bank (as defined in section 581) or in
a bank holding company registered as such with the Federal
Reserve System--
``(i) which are held by an individual
solely by reason of status as a director
of such bank or company or its controlled subsidiary; and
``(ii) which are subject to an agreement
pursuant to which the holder is required to
dispose of the shares of stock upon termination
of the holder's status as a director at the
same price as the individual acquired such
shares of stock.
``(3) Distributions.--A distribution (not in part or full
payment in exchange for stock) made by the corporation with
respect to qualifying director shares shall be includible as
ordinary income of the holder and deductible to the corporation
as an expense in computing taxable income under section 1363(b)
in the year such distribution is received.''
(b) Conforming Amendments.--
(1) Section 1361(b)(1) of the Internal Revenue Code of 1986
is amended by inserting ``, except as provided in subsection
(f),'' before ``which does not''.
(2) Section 1366(a) of such Code is amended by adding at
the end the following:
``(3) Allocation with respect to qualifying director
shares.--The holders of qualifying director shares (as defined
in section 1361(f)) shall not, with respect to such shares of
stock, be allocated any of the items described in paragraph
(1).''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.
SEC. 6. RECAPTURE OF BAD DEBT RESERVES.
In the case of a bank which makes an S corporation election which
first takes effect for a taxable year beginning after December 31,
2003, the entire adjustment required by section 481 of the Internal
Revenue Code of 1986 by reason of changing its accounting method for
recognizing bad debts from the reserve method under section 585 or 593
of such Code to the charge-off method under section 166 of such Code
may be taken into in the year of the change or the preceding taxable
year (whichever is elected by the bank).
SEC. 7. CLARIFICATION OF 3-YEAR S CORPORATION RULE FOR CORPORATE
PREFERENCE ITEMS.
(a) In General.--Section 1363(b) of the Internal Revenue Code of
1986 (relating to computation of corporation's taxable income) is
amended by adding at the end the following new flush sentence:
``Nothing in the preceding sentence shall be construed to apply section
291 to any taxable year which is more than 3 taxable years after the S
corporation (or any predecessor) was a C corporation.''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2003.
SEC. 8. MEMBERS OF FAMILY TREATED AS 1 SHAREHOLDER.
(a) In General.--Paragraph (1) of section 1361(c) of the Internal
Revenue Code of 1986 (relating to special rules for applying subsection
(b)) is amended to read as follows:
``(1) Members of family treated as 1 shareholder.--
``(A) In general.--For purpose of subsection
(b)(1)(A)--
``(i) except as provided in clause (ii), a
husband and wife (and their estates) shall be
treated as 1 shareholder, and
``(ii) in the case of a family with respect
to which an election is in effect under
subparagraph (E), all members of the family
shall be treated as 1 shareholder.
``(B) Members of the family.--For purpose of
subparagraph (A)(ii), the term `members of the family'
means the common ancestor, lineal descendants of the
common ancestor and the spouses (or former spouses) of
such lineal descendants or common ancestor.
``(C) Common ancestor.--For purposes of this
paragraph, an individual shall not be considered a
common ancestor if, as of the later of the effective
date of this paragraph or the time the election under
section 1362(a) is made, the individual is more than 3
generations removed from the youngest generation of
shareholders.
``(D) Effect of adoption, etc.--In determining
whether any relationship specified in subparagraph (B)
or (C) exists, the rules of section 152(b)(2) shall
apply.
``(E) Election.--An election under subparagraph
(A)(ii)--
``(i) must be made with the consent of
shareholders (including those that are family
members) holding in the aggregate more than
one-half of the shares of stock in the
corporation on the day the election is made,
``(ii) in the case of--
``(I) an electing small business
trust, shall be made by the trustee of
the trust, and
``(II) a qualified subchapter S
trust, shall be made by the beneficiary
of the trust,
``(iii) under regulations, shall remain in
effect until terminated, and
``(iv) shall apply only with respect to 1
family in any corporation.''.
(b) Relief From Inadvertent Invalid Election or Termination.--
Section 1362(f) of such Code (relating to inadvertent invalid elections
or terminations) is amended--
(1) by inserting ``or under section 1361(c)(1)(A)(ii)''
after ``subsection (a)'' in paragraph (1), and
(2) by inserting ``or under section 1361(c)(1)(E)(iii)''
after ``subsection (d)'' in paragraph (1)(B).
(c) Effective Dates.--
(1) Subsection (a).--The amendment made by subsection (a)
shall apply to taxable years beginning after December 31, 2003.
(2) Subsection (b).--The amendments made by subsection (b)
shall apply to elections and terminations made after December
31, 2003.
SEC. 9. ISSUANCE OF PREFERRED STOCK PERMITTED.
(a) In General.--Section 1361 of the Internal Revenue Code of 1986,
as amended by section 5(a), is amended by adding at the end the
following:
``(g) Treatment of Qualified Preferred Stock.--
``(1) In general.--For purposes of this subchapter--
``(A) qualified preferred stock shall not be
treated as a second class of stock, and
``(B) no person shall be treated as a shareholder
of the corporation by reason of holding qualified
preferred stock.
``(2) Qualified preferred stock defined.--For purposes of
this subsection, the term `qualified preferred stock' means
stock which meets the requirements of subparagraphs (A), (B),
and (C) of section 1504(a)(4). Stock shall not fail to be
treated as qualified preferred stock solely because it is
convertible into other stock.
``(3) Distributions.--A distribution (not in part or full
payment in exchange for stock) made by the corporation with
respect to qualified preferred stock shall be includible as
ordinary income of the holder and deductible to the corporation
as an expense in computing taxable income under section 1363(b)
in the year such distribution is received.''
(b) Conforming Amendments.--
(1) Section 1361(b)(1) of the Internal Revenue Code of
1986, as amended by section 5(b)(1), is amended by striking
``subsection (f)'' and inserting ``subsections (f) and (g)''.
(2) Section 1366(a) of such Code, as amended by section
5(b)(2), is amended by adding at the end the following:
``(4) Allocation with respect to qualified preferred
stock.--The holders of qualified preferred stock (as defined in
section 1361(g)) shall not, with respect to such stock, be
allocated any of the items described in paragraph (1).''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.
SEC. 10. INFORMATION RETURNS FOR QUALIFIED SUBCHAPTER S SUBSIDIARIES.
(a) In General.--Section 1361(b)(3)(A) of the Internal Revenue Code
of 1986 (relating to treatment of certain wholly owned subsidiaries) is
amended by inserting ``and in the case of information returns required
under part III of subchapter A of chapter 61'' after ``Secretary''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2003.
SEC. 11. ADJUSTMENT TO BASIS OF S CORPORATION STOCK FOR CERTAIN
CHARITABLE CONTRIBUTIONS.
(a) In General.--Paragraph (2) of section 1367(a) of the Internal
Revenue Code of 1986 (relating to adjustments to basis of stock of
shareholders, etc.) is amended by adding at the end the following new
flush sentence:
``The decrease under subparagraph (B) by reason of a charitable
contribution (as defined in section 170(c)) of property shall
be the amount equal to the shareholder's pro rata share of the
adjusted basis of such property.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2003. | Small Business and Financial Institutions Tax Relief Act of 2003 - Amends the Internal Revenue Code to make a trust-individual retirement account (IRA) an eligible bank S corporation shareholder.Exempts from prohibited transaction rules any sale of stock in an IRA pursuant to a small business corporation's election to be an S corporation.Excludes from the definition of passive income for purposes of S status termination any interest income earned by or dividends on assets required to be held by a bank, a bank holding company, or a qualified subchapter S subsidiary bank.Increases to 150 the maximum number of shareholders a small business organization may have to be eligible to elect S corporation treatment.States that stock held by a bank director as required by banking regulations (director qualifying stock) shall not be considered a disqualifying second class of S corporation stock.Permits a bank which makes an S corporation election to recapture certain bad debt reserves in the year of election or the preceding year.Limits any special rules regarding corporate income preference items to the three years following S corporation election.Treats a husband and wife as one shareholder. Permits, and sets forth criteria for, an election to treat all members of a family as one shareholder.Permits the issuance of qualified preferred stock, which shall not be treated as second class stock. Makes any distribution (not in payment in exchange for stock) made by an S corporation with respect to qualified preferred stock includible as ordinary income of the holder and deductible to the corporation as an expense.Revises exceptions to the criteria for the treatment of certain wholly owned subchapter S subsidiaries with reference to required information returns.Provides for a charitable contribution basis adjustment of S corporation stock based upon the shareholder's pro rata share of adjusted basis. | To amend the Internal Revenue Code of 1986 to expand S corporation eligibility for banks, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Capitol Police Retention,
Recruitment, and Authorization Act of 2002''.
SEC. 2. INCREASE IN ANNUAL RATE OF BASIC COMPENSATION.
For fiscal year 2003 and each of the 4 succeeding fiscal years, the
Capitol Police Board shall increase the annual rate of basic
compensation applicable for officers and members of the Capitol Police
for pay periods occurring during such a year by 5 percent, except that
in the case of officers above the rank of captain the increase shall be
made at a rate determined by the Board at its discretion (but not to
exceed 5 percent).
SEC. 3. INCREASE IN RATES APPLICABLE TO NEWLY-APPOINTED MEMBERS AND
EMPLOYEES.
The Capitol Police Board may compensate newly-appointed officers,
members, and civilian employees of the Capitol Police at an annual rate
of basic compensation in excess of the lowest rate of compensation
otherwise applicable to the position to which the employee is
appointed, except that in no case may such a rate be greater than the
maximum annual rate of basic compensation otherwise applicable to the
position.
SEC. 4. ADDITIONAL COMPENSATION FOR SPECIALTY ASSIGNMENTS.
(a) In General.--Section 909(e) of the Emergency Supplemental Act,
2002 (40 U.S.C. 207b-2(e)), is amended--
(1) in the heading, by inserting ``and Officers Holding
Other Specialty Assignments'' after ``Officers'';
(2) in paragraph (1), by inserting ``or who is assigned to
another specialty assignment designated by the chief of the
Capitol Police'' after ``field training officer''; and
(3) in paragraph (2), by striking ``officer,'' and
inserting ``officer or to be assigned to a designated specialty
assignment,''.
(b) Removal of Cap on Amount.--Section 909(e)(1) of such Act (40
U.S.C. 207b-2(e)(1)) is amended by striking ``(but not to exceed $2,000
per annum)''.
SEC. 5. APPLICATION OF PREMIUM PAY LIMITS ON ANNUALIZED BASIS.
(a) In General.--Any limits on the amount of premium pay which may
be earned by officers and members of the Capitol Police during
emergencies (as determined by the Capitol Police Board) shall be
applied by the Capitol Police Board on an annual basis and not on a pay
period basis.
(b) Effective Date.--Subsection (a) shall apply with respect to
hours of duty occurring on or after September 11, 2001.
SEC. 6. THRESHOLD FOR ELIGIBILITY FOR ADDITIONAL ANNUAL LEAVE.
The Capitol Police Board shall provide that an officer or member of
the Capitol Police who completes 3 years of employment with the Capitol
Police (taking into account any period occurring before, on, or after
the date of the enactment of this Act) shall receive 8 hours of annual
leave per pay period.
SEC. 7. ANNUITIES AND PAY OF REEMPLOYED ANNUITANTS SERVING WITH THE
CAPITOL POLICE.
(a) In General.--Subject to subsection (b), the provisions of
sections 8344 and 8468 of title 5, United States Code, shall not apply
to any reemployed annuitant performing service as an officer or member
of the Capitol Police, and no reemployed annuitant exempted from such
provisions by this section shall become subject to any other provision
of subchapter III of chapter 83 or of chapter 84 of such title by
virtue of any such service.
(b) Limitations.--This section shall not apply--
(1) to any individual who--
(A) is receiving an annuity under subchapter III of
chapter 83 or chapter 84 of title 5, United States
Code, based on a separation from service occurring on
or after January 1, 2002;
(B) was subject to the provisions of section 8344
or 8468 of such title, at any time before the date of
the enactment of this Act in calendar year 2002, while
serving as an officer or member of the Capitol Police;
or
(C) would be 57 years of age or older as of the
date of commencing service with the Capitol Police as a
reemployed annuitant; or
(2) with respect to any service unless performed during the
period beginning on the date of the enactment of this Act and
ending on September 30, 2004.
SEC. 8. FINANCIAL ASSISTANCE FOR HIGHER EDUCATION COSTS.
(a) Tuition Reimbursement.--The Capitol Police Board shall
establish a tuition reimbursement program for officers and members of
the Capitol Police who are enrolled in or accepted for enrollment in a
degree, certificate, or other program leading to a recognized
educational credential at an institution of higher education in a
course of study relating to law enforcement.
(b) Bonus Payments for Completion of Degree.--The Capitol Police
Board may make a one-time bonus payment to any officer or member who
participates in the program established under subsection (a) upon
the officer's or member's completion of the course of study involved.
SEC. 9. BONUS PAYMENTS FOR OFFICERS AND EMPLOYEES WHO RECRUIT NEW
OFFICERS.
The Capitol Police Board may make a one-time bonus payment to any
officer, member, or civilian employee of the Capitol Police who
recruits another individual to serve as an officer or member of the
Capitol Police.
SEC. 10. DEPOSIT OF CERTAIN FUNDS RELATING TO THE CAPITOL POLICE.
(a) In General.--
(1) Disposal of property.--Any funds from the proceeds of
the disposal of property of the Capitol Police shall be
deposited in the United States Treasury for credit to the
appropriation for ``general expenses'' under the heading
``Capitol Police Board'', or ``security enhancements'' under
the heading ``Capitol Police Board''.
(2) Compensation.--Any funds for compensation for damage
to, or loss of, property of the Capitol Police, including any
insurance payment or payment made by an officer or civilian
employee of the Capitol Police for such compensation, shall be
deposited in the United States Treasury for credit to the
appropriation for ``general expenses'' under the heading
``Capitol Police Board''.
(3) Reimbursement for services provided to governments.--
Any funds from reimbursement made by another entity of the
Federal government or by any State or local government for
assistance provided by the Capitol Police shall be deposited in
the United States Treasury for credit to the appropriation for
``general expenses'' under the heading ``Capitol Police
Board''.
(b) Expenditures.--Funds deposited under subsection (a) may be
expended by the Capitol Police Board for any authorized purpose and
shall remain available until expended.
(c) Effective Date.--This section shall apply with respect to
fiscal year 2003 and each succeeding fiscal year.
SEC. 11. PERMITTING CAPITOL POLICE BOARD TO LEASE FACILITIES AND
PROPERTY FOR USE OF CAPITOL POLICE.
(a) In General.--The Capitol Police Board may at any time after the
date of the enactment of this Act enter into agreements to lease
facilities and property for the use of the United States Capitol
Police, subject to the approval of the Committee on House
Administration of the House of Representatives and the Committee on
Rules and Administration of the Senate.
(b) Acquisition of Interim Training Facility.--
(1) In general.--Pursuant to the authority provided under
subsection (a), the Capitol Police Board may take such steps as
it considers appropriate to secure the use of an interim
facility for training for the Capitol Police pending the
completion of the permanent law enforcement training facility
in Cheltenham, Maryland.
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
(c) Assistance of Architect of the Capitol.--At the request of the
Capitol Police Board, the Architect of the Capitol shall provide such
assistance to the Capitol Police Board in entering into lease
agreements pursuant to this section (a) as the Board may require,
including assistance in negotiating the terms of such agreements.
SEC. 12. INCREASE IN NUMBER OF AUTHORIZED POSITIONS.
Effective with respect to fiscal year 2002 and each fiscal year
thereafter, the total number of full-time equivalent positions of the
United States Capitol Police (including positions for members of the
Capitol Police and civilian employees) may not exceed 1,981 positions.
SEC. 13. TEMPORARY INCREASE IN MANDATORY RETIREMENT AGE.
During fiscal years 2003 and 2004, sections 8335(c) and 8425(c) of
title 5, United States Code, shall apply as if the reference to ``57
years of age'' in each such section were a reference to ``59 years of
age''.
SEC. 14. DISPOSAL OF FIREARMS.
The disposal of firearms by officers and members of the United
States Capitol Police shall be carried out in accordance with
regulations promulgated by the Capitol Police Board and approved by the
Committee on Rules and Administration of the Senate and the Committee
on House Administration of the House of Representatives.
SEC. 15. USE OF VEHICLES TO TRANSPORT POLICE DOGS.
Notwithstanding any other provision of law, an officer of the
United States Capitol Police who works with a police dog and who is
responsible for the care of the dog during non-working hours may use an
official Capitol Police vehicle when the officer is accompanied by the
dog to travel between the officer's residence and duty station and to
otherwise carry out official duties.
SEC. 16. SENSE OF CONGRESS ON MANAGEMENT OF CAPITOL POLICE.
It is the sense of Congress that, to the greatest extent possible
consistent with the mission of the Capitol Police, the chief of the
Capitol Police should seek to deploy the human and other resources of
the Police in a manner maximizing opportunities for individual officers
to be trained for, and to acquire and maintain proficiency in, all
aspects of the Police's responsibilities, and to rotate regularly among
different posts and duties, in order to utilize fully the skills and
talents of officers, enhance the appeal of their work, and ensure the
highest state of readiness.
SEC. 17. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal year 2003 and
each succeeding fiscal year such sums as may be necessary to carry out
this Act and the amendments made by this Act.
SEC. 18. EFFECTIVE DATE.
Except as otherwise provided, this Act and the amendments made by
this Act shall apply with respect to pay periods occurring during
fiscal year 2003 and each succeeding fiscal year. | Capitol Police Retention, Recruitment, and Authorization Act of 2002 - Requires the Capitol Police Board to increase by five percent the annual rate of basic compensation for officers and members of the Capitol Police, except that for officers above the rank of captain the increase shall be made at a rate determined by the Board at its discretion (but not to exceed five percent).Authorizes the Board to compensate newly appointed officers, members, and employees at an annual rate exceeding the lowest rate of compensation otherwise applicable.Amends the Emergency Supplemental Act, 2002 to provide additional compensation for each Capitol Police officer assigned to another specialty assignment designated by the Chief of the Capitol Police. Removes the annual cap on such amount.Requires: (1) limits on the amount of premium pay which may be earned by officers and members during emergencies to be applied by the Board on an annual and not pay period basis; and (2) the Board to provide that if an officer or member completes three years of employment he or she shall receive eight hours of annual leave per pay period.Provides, with limitations, that: (1) neither the Federal Civil Service Retirement System nor the Federal Employees Retirement System shall apply to any reemployed annuitant performing service as an officer or member; and (2) such annuitant shall be exempted from the Systems by this Act shall not become subject to them.Requires the Board to establish a tuition reimbursement program to assist officers and members in higher education costs relating to law-enforcement. Authorizes the Board to: (1) pay a one-time bonus to each participant upon completion of the course of study involved and to each officer, member, or civilian employee who recruits a new officer or member; and (2) lease facilities and property for Police use.Limits the total number of full-time equivalent positions (including members and civilian employees) to 1,981.Increases, temporarily, the mandatory retirement age for a member from 57 to 59.Provides for a member's and/or officer's disposal of firearms and use of Capitol Police vehicles to transport police dogs.Expresses the sense of Congress that, to the greatest extent possible consistent with the mission of the Capitol Police, the Chief should seek to deploy the Police's human and other resources in a manner maximizing opportunities for individual officers: (1) to be trained for, and to acquire and maintain proficiency in, all aspects of the Police's responsibilities; and (2) to rotate regularly among different posts and duties, in order to utilize fully the skills and talents of officers, enhance the appeal of their work, and ensure the highest state of readiness. | To direct the Capitol Police Board to take steps to promote the retention of current officers and members of the Capitol Police and the recruitment of new officers and members of the Capitol Police, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eightmile Wild and Scenic River
Act''.
SEC. 2. WILD AND SCENIC RIVER DESIGNATION, EIGHTMILE RIVER,
CONNECTICUT.
(a) Findings.--Congress finds the following:
(1) The Eightmile River Wild and Scenic River Study Act of
2001 (Public Law 107-65; 115 Stat. 484) authorized the study of
the Eightmile River in the State of Connecticut from its
headwaters downstream to its confluence with the Connecticut
River for potential inclusion in the National Wild and Scenic
Rivers System.
(2) The segments of the Eightmile River covered by the
study are in a free-flowing condition, and the outstanding
resource values of the river segments include the cultural
landscape, water quality, watershed hydrology, unique species
and natural communities, geology, and watershed ecosystem.
(3) The Eightmile River Wild and Scenic Study Committee has
determined that--
(A) the outstanding resource values of these river
segments depend on sustaining the integrity and quality
of the Eightmile River watershed;
(B) these resource values are manifest within the
entire watershed; and
(C) the watershed as a whole, including its
protection, is itself intrinsically important to this
designation.
(4) The Eightmile River Wild and Scenic Study Committee
took a watershed approach in studying and recommending
management options for the river segments and the Eightmile
River watershed as a whole.
(5) During the study, the Eightmile River Wild and Scenic
Study Committee, with assistance from the National Park
Service, prepared a comprehensive management plan for the
Eightmile River watershed, dated December 8, 2005 (in this
section referred to as the ``Eightmile River Watershed
Management Plan''), which establishes objectives, standards,
and action programs that will ensure long-term protection of
the outstanding values of the river and compatible management
of the land and water resources of the Eightmile River and its
watershed, without Federal management of affected lands not
owned by the United States.
(6) The Eightmile River Wild and Scenic Study Committee
voted in favor of inclusion of the Eightmile River in the
National Wild and Scenic Rivers System and included this
recommendation as an integral part of the Eightmile River
Watershed Management Plan.
(7) The residents of the towns lying along the Eightmile
River and comprising most of its watershed (Salem, East Haddam,
and Lyme, Connecticut), as well as the Boards of Selectmen and
Land Use Commissions of these towns, voted to endorse the
Eightmile River Watershed Management Plan and to seek
designation of the river as a component of the National Wild
and Scenic Rivers System.
(8) The State of Connecticut General Assembly enacted
Public Act 05-18 to endorse the Eightmile River Watershed
Management Plan and to seek designation of the river as a
component of the National Wild and Scenic Rivers System.
(b) Designation.--Section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) is amended by adding at the end the following new
paragraph:
``(_) Eightmile River, Connecticut.--Segments of the main stem and
specified tributaries of the Eightmile River in the State of
Connecticut, totaling approximately 25.3 miles, to be administered by
the Secretary of the Interior as follows:
``(A) The entire 10.8-mile segment of the main stem,
starting at its confluence with Lake Hayward Brook to its
confluence with the Connecticut River at the mouth of Hamburg
Cove, as a scenic river.
``(B) The 8.0-mile segment of the East Branch of the
Eightmile River starting at Witch Meadow Road to its confluence
with the main stem of the Eightmile River, as a scenic river.
``(C) The 3.9-mile segment of Harris Brook starting with
the confluence of an unnamed stream lying 0.74 miles due east
of the intersection of Hartford Road (State Route 85) and Round
Hill Road to its confluence with the East Branch of the
Eightmile River, as a scenic river.
``(D) The 1.9-mile segment of Beaver Brook starting at its
confluence with Cedar Pond Brook to its confluence with the
main stem of the Eightmile River, as a scenic river.
``(E) The 0.7-mile segment of Falls Brook from its
confluence with Tisdale Brook to its confluence with the main
stem of the Eightmile River at Hamburg Cove, as a scenic
river.''.
(c) Management.--The segments of the main stem and certain
tributaries of the Eightmile River in the State of Connecticut
designated as components of the National Wild and Scenic Rivers System
by the amendment made by subsection (b) (in this section referred to as
the ``Eightmile River'') shall be managed in accordance with the
Eightmile River Watershed Management Plan and such amendments to the
plan as the Secretary of the Interior determines are consistent with
this section. The Eightmile River Watershed Management Plan is deemed
to satisfy the requirements for a comprehensive management plan
required by section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(d)).
(d) Committee.--The Secretary of the Interior shall coordinate the
management responsibilities of the Secretary with regard to the
Eightmile River with the Eightmile River Coordinating Committee, as
specified in the Eightmile River Watershed Management Plan.
(e) Cooperative Agreements.--In order to provide for the long-term
protection, preservation, and enhancement of the Eightmile River, the
Secretary of the Interior may enter into cooperative agreements
pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers
Act (16 U.S.C. 1281(e), 1282(b)(1)) with the State of Connecticut, the
towns of Salem, Lyme, and East Haddam, Connecticut, and appropriate
local planning and environmental organizations. All cooperative
agreements authorized by this subsection shall be consistent with the
Eightmile River Watershed Management Plan and may include provisions
for financial or other assistance from the United States.
(f) Relation to National Park System.--Notwithstanding section
10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the
Eightmile River shall not be administered as part of the National Park
System or be subject to regulations which govern the National Park
System.
(g) Land Management.--The zoning ordinances adopted by the towns of
Salem, East Haddam, and Lyme, Connecticut, in effect as of December 8,
2005, including provisions for conservation of floodplains, wetlands,
and watercourses associated with the segments, are deemed to satisfy
the standards and requirements of section 6(c) of the Wild and Scenic
Rivers Act (16 U.S.C. 1277 (c)). For the purpose of section 6(c) of
that Act, such towns shall be deemed ``villages'' and the provisions of
that section, which prohibit Federal acquisition of lands by
condemnation, shall apply to the segments designated by subsection (b).
The authority of the Secretary to acquire lands for the purposes of
this Act shall be limited to acquisition by donation or acquisition
with the consent of the owner thereof, and shall be subject to the
additional criteria set forth in the Eightmile River Watershed
Management Plan.
(h) Watershed Approach.--
(1) In general.--In furtherance of the watershed approach
to resource preservation and enhancement articulated in the
Eightmile River Watershed Management Plan, the tributaries of
the Eightmile River watershed specified in paragraph (2) are
recognized as integral to the protection and enhancement of the
Eightmile River and its watershed.
(2) Covered tributaries.--Paragraph (1) applies with
respect to Beaver Brook, Big Brook, Burnhams Brook, Cedar Pond
Brook, Cranberry Meadow Brook, Early Brook, Falls Brook, Fraser
Brook, Harris Brook, Hedge Brook, Lake Hayward Brook, Malt
House Brook, Muddy Brook, Ransom Brook, Rattlesnake Ledge
Brook, Shingle Mill Brook, Strongs Brook, Tisdale Brook, Witch
Meadow Brook, and all other perennial streams within the
Eightmile River watershed.
(i) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section and
the amendment made by subsection (b).
Passed the House of Representatives July 31, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Eightmile Wild and Scenic River Act - Amends the Wild and Scenic Rivers Act to designate as a component of the national wild and scenic rivers system (the system) certain segments of the main stem and specified tributaries of the Eightmile River, Connecticut.
Declares that such segments shall be managed in accordance with the Eightmile River Watershed Management Plan and such amendments as the Secretary of the Interior determines are consistent with this Act.
Deems the Plan to satisfy the requirements for a comprehensive management plan required under the Act.
Instructs the Secretary to coordinate management responsibilities regarding the Eightmile River with the Eightmile Coordinating Committee, as specified in the Plan.
Allows the Secretary to enter into cooperative agreements for administration and for assistance, advice, and cooperation to plan, protect, and manage river resources with the state of Connecticut, the towns of Salem, Lyme, and East Haddam, and appropriate local planning and environmental organizations. Requires the agreements to be consistent with the Plan and allows provisions for federal assistance.
Prohibits the Eightmile River from being administered as part of the National Park System or being subject to related regulations.
Deems: (1) the zoning ordinances adopted by the towns, in effect as of December 8, 2005, to satisfy the standards and requirements under the Act regarding the prohibition on federal acquisition of lands by condemnation for inclusion in any wild, scenic, or recreational river area; and (2) such towns to be "villages" for such purposes. Limits the authority of the Secretary to acquire lands for purposes of the Act to acquisition by donation or acquisition with the owner's consent and subjects it to the additional criteria set forth in the Plan.
Recognizes specified tributaries of the Eightmile River watershed as integral to the protection and enhancement of the river and watershed.
Authorizes appropriations. | To amend the Wild and Scenic Rivers Act to designate certain segments of the Eightmile River in the State of Connecticut as components of the National Wild and Scenic Rivers System, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial Seafood Consumer
Protection Act''.
SEC. 2. SEAFOOD SAFETY.
(a) In General.--The Secretary of Commerce shall, in coordination
with the Secretary of Health and Human Services and other appropriate
Federal agencies, establish a program to strengthen Federal activities
for ensuring that commercially distributed seafood in the United States
meets the food quality and safety requirements of Federal law.
(b) Memorandum of Understanding.--The Secretary of Commerce and the
Secretary of Health and Human Services shall enter into an agreement
within 180 days after enactment of this Act to strengthen cooperation
on seafood safety. The agreement shall include provisions for--
(1) cooperative arrangements for examining and testing
seafood imports;
(2) coordination of inspections of foreign facilities;
(3) technical assistance and training of foreign facilities
for marine aquaculture, technical assistance for foreign
governments concerning United States regulatory requirements,
and appropriate information transfer arrangements between the
United States and foreign governments;
(4) developing a process for expediting imports of seafood
into the United States from foreign countries and exporters
that consistently adhere to the highest standards for ensuring
seafood safety;
(5) establishing a system to track shipments of seafood in
the distribution chain within the United States;
(6) labeling requirements to assure species identity and
prevent fraudulent practices;
(7) a process by which officers and employees of the
National Oceanic and Atmospheric Administration and National
Marine Fisheries Service shall be commissioned by the Secretary
of Health and Human Services for seafood examinations and
investigations conducted under section 801 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 381);
(8) the sharing of information concerning observed non-
compliance with United States food requirements domestically
and in foreign countries and new regulatory decisions and
policies that may affect regulatory outcomes; and
(9) conducting joint training on subjects that affect and
strengthen seafood inspection effectiveness by Federal
authorities.
SEC. 3. CERTIFIED LABORATORIES.
Within 180 days after the date of enactment of this Act, the
Secretary of Commerce, in consultation with the Secretary of Health and
Human Services, shall increase the number of laboratories certified to
the standards of the Food and Drug Administration in the United States
and in countries that export seafood to the United States for the
purpose of analyzing seafood and ensuring that it complies with Federal
law. Such laboratories may include Federal, State, and private
facilities. The Secretary of commerce shall publish in the Federal
Register a list of certified laboratories, and shall update the list,
and publish the updated list, no less frequently than annually.
SEC. 4. NOAA LABORATORIES.
In any fiscal year beginning after the date of enactment of this
Act, the Secretary of Commerce shall increase the number and capacity
of laboratories operated by the National Oceanic and Atmospheric
Administration involved in carrying out testing and other activities
under this Act to the extent the Secretary determines that increased
laboratory capacity is necessary to carry out the provisions of this
Act and as provided for in appropriations Acts.
SEC. 5. CONTAMINATED SEAFOOD.
(a) Refusal of Entry.--The Secretary of Health and Human Services
shall issue an order refusing admission into the United States of all
imports of seafood or seafood products originating from a country or
exporter if the Secretary determines, on the basis of reliable
evidence, that shipments of such seafood or seafood products is not
likely to meet the requirements of Federal law.
(b) Increased Testing.--If the Secretary determines, on the basis
of reliable evidence that seafood imports originating from a country
may not meet the requirements of Federal law, and determines that there
is a lack of adequate certified laboratories to provide for the entry
of shipments pursuant to section 3, then the Secretary shall order an
increase in the percentage of shipments tested of seafood originating
from such country to improve detection of potential violations of such
requirements.
(c) Allowance of Individual Shipments From Exporting Country or
Exporter.--Notwithstanding an order under subsection (a) with respect
to seafood originating from a country or exporter, the Secretary may
permit individual shipments of seafood originating in that country or
from that exporter to be admitted into the United States if--
(1) the exporter presents evidence from a laboratory
certified by the Secretary that a shipment of seafood meets the
requirements of Federal law; and
(2) the Secretary, or an entity commissioned to carry out
examinations and investigations under section 702(a) of the
Federal Food, Cosmetic, and Drug Act (21 U.S.C. 372(a)), has
inspected the shipment and has found that the shipment meets
the requirements of Federal law.
(d) Cancellation of Order.--The Secretary shall cancel an order
under subsection (a) with respect to seafood exported from a country or
exporter if all shipments into the United States under subsection (c)
of seafood originating in that country or from that exporter more than
1 year after the date on which the Secretary issued the order have been
found, under the procedures described in subsection (c), to meet the
requirements of Federal law. If the Secretary determines that an
exporter has failed to comply with the requirements of an order under
subsection (a), the 1-year period in the preceding sentence shall run
from the date of that determination rather than the date on which the
order was issued.
(e) Reliable Evidence Defined.--In this section, the term
``reliable evidence'' includes--
(1) the detection of failure to meet Federal law
requirements under subsection (a) by the Secretary;
(2) the detection of all seafood products that fail to meet
Federal law requirements by an entity commissioned to carry out
examinations and investigations under section 702(a) of the
Federal Food, Cosmetic, and Drug Act (21 U.S.C. 372(a)) or a
laboratory certified under subsection (c);
(3) findings from an inspection team formed under section
6; or
(4) the detection by other importing countries of non-
compliance of shipments of seafood or seafood products that
originate from the exporting country or exporter.
(f) Effect.--This section shall be in addition to, and shall have
no effect on, the authority of the Secretary of Health and Human
Services under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301
et seq.) with respect to seafood, seafood products, or any other
product.
SEC. 6. INSPECTION TEAMS.
The Secretary of Commerce, in cooperation with the Secretary of
Health and Human Services, shall send 1 or more inspectors to a country
or exporter from which seafood exported to the United States
originates. The inspection team will assess whether any prohibited
drug, practice, or process is being used in connection with the
farming, cultivation, harvesting, preparation for market, or
transportation of such seafood. The inspection team shall prepare a
report for the Secretary with its findings. The Secretary of Commerce
shall cause the report to be published in the Federal Register no later
than 90 days after the inspection team makes its final report. The
Secretary of Commerce shall notify the country or exporter through
appropriate means as to the findings of the report no later than the
date on which the report is published in the Federal Register. A
country may offer a rebuttal to the assessment within 90 days after
publication of the report.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each of fiscal years
2009 through 2013, for purposes of carrying out the provisions of this
Act, $15,000,000. | Commercial Seafood Consumer Protection Act - Directs the Secretary of Commerce (Secretary) to establish a program to strengthen federal activities for ensuring that commercially distributed seafood meets federal food quality and safety requirements.
Directs the Secretary and the Secretary of Health and Human Services to enter into an agreement to strengthen cooperation on seafood safety, including regarding testing, inspections of foreign facilities, technical assistance of foreign facilities, establishing a distribution chain tracking system, and labeling.
Directs the Secretary to increase the number of laboratories certified to Food and Drug Administration (FDA) standards.
Directs the Secretary to increase the number and capacity of laboratories operated by the National Oceanic and Atmospheric Administration (NOAA) involved in testing and other activities under this Act, as provided for in appropriations Acts.
Directs the Secretary of Health and Human Services to refuse admission of all imports of seafood or seafood products originating from a country or exporter if that Secretary determines the shipments are not likely to meet federal requirements. Allows admittance of individual shipments from that country or exporter on evidence from an inspection or a certified laboratory.
Authorizes the Secretary to send inspectors to an originating country or exporter. | To improve the protections afforded under Federal law to consumers from contaminated seafood by directing the Secretary of Commerce to establish a program, in coordination with other appropriate Federal agencies, to strengthen activities for ensuring that seafood sold or offered for sale to the public in or affecting interstate commerce is fit for human consumption. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secret Evidence Repeal Act of
2000''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) No person physically present in the United States,
including its outlying possessions, should be deprived of
liberty based on evidence kept secret from that person,
including information classified for national security reasons.
(2) Removal from the United States can separate a person
from the person's family, may expose the person to persecution
and torture, and amounts to a severe deprivation of liberty.
(3) Use of secret evidence in immigration proceedings
deprives the alien of due process rights guaranteed under the
United States Constitution and undermines our adversarial
system, which relies on cross-examination as an engine of
truth-seeking.
SEC. 3. APPLICATION OF PROCEDURES USED UNDER CLASSIFIED INFORMATION
PROCEDURES ACT (CIPA) TO IMMIGRATION PROCEEDINGS.
(a) Application of Procedures Used under Classified Information
Procedures Act (CIPA) to Immigration Proceedings.--Chapter 9 of title
II of the Immigration and Nationality Act (8 U.S.C. 1351 et seq.) is
amended by adding at the end the following new section:
``application of procedures used under classified information
procedures act to immigration proceedings
``Sec. 295. (a) Notice of Intended Use of Classified Information.--
``(1) In general.--In any immigration proceeding in which
the Attorney General seeks to use classified information, the
Attorney General shall inform the alien and the presiding
officer in advance. To the maximum extent practicable, if the
Attorney General is initiating such proceeding, the Attorney
General shall provide such notice within 15 days after
initiating the proceeding.
``(2) Limitation.--The Attorney General may seek to use
classified information only in an immigration proceeding in
which the alien is alleged to be deportable under section
237(a)(4)(B) or to oppose an application for admission or an
application for discretionary relief from removal and only
after issuing the following certification:
``(A) Substantially the same information could not
reasonably be developed from open sources.
``(B) The Attorney General has informed the
classifying agency of its intent to use the classified
information in connection with immigration proceedings
and has requested such agency to declassify such
information as is permitted to be declassified under
the President's Executive Order on classification.
``(b) Referral of Classified Matters to District Court.--
``(1) In general.--In the case of an immigration proceeding
in which the Attorney General or the alien moves for a referral
under this section to consider matters relating to classified
information that may arise in connection with the proceeding,
the presiding officer shall forward the petition for review to
a Federal district court for the district in which the alien
resides or the place where the immigration proceedings are
pending, of the use of such information in such proceeding
under subsection (c). Any evidence which is the subject of a
petition shall not be considered in the immigration proceeding
and shall not be examined by the presiding officer, except as
provided in paragraph (3).
``(2) Suspension of immigration proceeding.--In the case of
an order or review provided for under paragraph (1), the
immigration proceeding may be suspended by the presiding
officer pending the disposition of such matter by the district
court involved (and any appeals related to such matter).
``(3) Submission of summary.--In the case of a referral
under paragraph (1)(A), after the application of subsection
(c), the district court shall issue an order to the presiding
officer at the proceeding indicating any unclassified summary
of classified information, and admissions in lieu of disclosure
of classified information, that may be used and the conditions
of its use at the proceeding. The presiding officer shall
determine whether any information approved by the order may be
offered at the immigration proceeding.
``(c) Application of CIPA.--
``(1) In general.--Subject to the succeeding provisions of
this section, in the cases described in subsection (b)(1)
involving review by a Federal district court of the use of
classified information in an immigration proceeding, the
provisions of the Classified Information Procedures Act (18
U.S.C. Appendix III) (in this section referred to as `CIPA')
shall apply to an alien who is a subject of the immigration
proceeding in the same manner as it applies to a defendant in a
criminal proceeding subject to CIPA.
``(2) General rules of application.--In applying subsection
(a), the following general rules apply:
``(A) Any reference in CIPA to--
``(i) a criminal defendant or a trial (or
pre-trial) proceeding is deemed to be a
reference to the alien who is the subject of
the immigration proceeding and to the
immigration proceeding;
``(ii) an indictment or information at
issue is deemed to be a reference to a notice
to appear;
``(iii) a dismissal of an indictment or
information is deemed a reference to
termination of the immigration proceeding
against an alien; and
``(iv) a trial court is deemed a reference
(in the case of an administrative immigration
proceeding) to the presiding officer in such
proceeding.
``(B) The provisions of section 2 of CIPA (other
than the last sentence) shall not be applied.
``(C) The Attorney General shall prescribe rules
establishing procedures for the protection against
unauthorized disclosure of classified information in
the custody of the Federal non-judicial officials in
immigration proceedings. Such rules shall apply instead
of the rules described in section 9 of CIPA.
``(D) Section 12 of CIPA shall not be applied to
immigration proceedings.
``(E) In lieu of the reports described in section
13 of CIPA, the Attorney General shall report annually
and in writing to the chairmen and ranking minority
members of the Committees on the Judiciary of the
Senate and the House of Representatives on the
implementation of this section. Such reports shall
include the following information about each case
brought under this section:
``(i) The alien's country of citizenship
or, if the alien was stateless, the country in
which the alien last habitually resided outside
of the United States.
``(ii) The alien's immigration status.
``(iii) The immigration benefit for which
the alien applied (if any).
``(iv) Whether the Federal district court
approved the summary of classified information
and the deletions or admissions proffered by
the Attorney General.
``(v) Whether the alien was ultimately
ordered removed under section 237(a)(4)(B) or
was granted or denied admission or the benefit
for which the alien applied.
``(d) Disclosure of Exculpatory Evidence.--In any immigration
proceeding under this section, the Attorney General shall disclose to
the alien information that it would be required to disclose to a
defendant in an analogous criminal proceeding under CIPA.
``(e) Construction Concerning Declassification of Information.--
Nothing in this section shall be construed as preventing an alien in an
immigration proceeding from seeking access to classified information
under section 552 of title 5, United States Code, or, in the case of
information which is not disclosed based on section 552(b)(1) of such
title, from initiating an action to seek to declassify some or all of
the information involved.
``(f) Definitions.--For purposes of this section:
``(1) Immigration proceeding.--The term `immigration
proceeding' means any administrative proceeding under this Act.
``(2) Presiding officer.--The term `presiding officer'
means, with respect to an immigration proceeding, the
administrative or judicial official who is presiding over the
immigration proceeding.''.
(b) Conforming Amendment.--Title V of the Immigration and
Nationality Act (8 U.S.C. 1531-1537) is repealed.
(c) Clerical Amendments.--The table of contents for the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(1) by inserting after the item relating to section 294 the
following new item:
``Sec. 295. Application of procedures used under Classified Information
Procedures Act to immigration
proceedings.''; and
(2) by striking the title heading, and the items, relating
to title V.
SEC. 4. REPEAL OF USE OF SECRET EVIDENCE IN OTHER IMMIGRATION
PROCEEDINGS.
(a) Alien's Rights in Proceedings.--Section 240(b)(4)(B) of the
Immigration and Nationality Act (8 U.S.C. 1229a(b)(4)(B)) is amended to
read as follows:
``(B) subject to section 295, the alien shall have
a reasonable opportunity to examine all of the evidence
against the alien, to present evidence on the alien's
own behalf, and to cross-examine all witnesses
presented by the Government, and''.
(b) Burden on Alien.--Section 240(c)(2) of such Act (8 U.S.C.
1229a(c)(2)) is amended by striking the last sentence and inserting the
following:
``In meeting the burden of proof under subparagraph (B),
subject to section 295, the alien shall have access to the
alien's visa or other entry document, if any, and any other
records and documents pertaining the alien's admission or
presence in the United States.''.
SEC. 5. REPEAL OF USE OF SECRET EVIDENCE IN BOND PROCEEDINGS.
Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226)
is amended by adding at the end the following:
``(f) Aliens' Rights in Bond Proceedings.--Subject to section 295,
in proceedings under this section--
``(1) the alien shall have the privilege of being
represented, at no expense to the Government, by counsel of the
alien's choosing who is authorized to practice in such
proceedings;
``(2) the alien shall have a reasonable opportunity to
examine all of the evidence against the alien, to present
evidence on the alien's own behalf, and to cross-examine all
witnesses presented by the Government; and
``(3) a complete record shall be kept of all testimony and
evidence produced at the proceeding.''.
SEC. 6. REPEAL OF USE OF SECRET EVIDENCE AGAINST LAWFUL PERMANENT
RESIDENTS, ASYLUM SEEKERS, AND ALIENS PAROLED INTO THE
UNITED STATES.
Section 235(c)(1) of the Immigration and Nationality Act (8 U.S.C.
1225(c)(1)) is amended to read as follows:
``(1) Removal without further hearing.--
``(A) In general.--Except in the case of an alien
described in subparagraph (B), if an immigration
officer or an immigration judge suspects that an
arriving alien may be inadmissible under subparagraph
(A) (other than clause (ii)), (B), or (C) of section
212(a)(3), the officer or judge shall--
``(i) order the alien removed, subject to
review under paragraph (2);
``(ii) report the order of removal to the
Attorney General; and
``(iii) not conduct any further inquiry or
hearing until ordered by the Attorney General.
``(B) Excepted aliens described.--An alien
described in this subparagraph is an alien who--
``(i) is a lawful permanent resident;
``(ii) was granted advance parole;
``(iii) was paroled into the United States
under section 212(d)(5); or
``(iv) is seeking asylum.''.
SEC. 7. TRANSITION.
(a) Application to Detainees.--Not more than 30 days after the
effective date of this Act, the Attorney General shall, with respect to
any alien then detained or whose liberty is otherwise restricted by the
Attorney General, on the basis in whole or in part of information
submitted by the Government ex parte and in camera to an immigration
judge, to the Board of Immigration Appeals or to any court--
(1) provide such alien a copy or transcript of such
information, and provide the alien with a redetermination of
bond (or a reconsideration of the terms of custody, as the case
may be) based on evidence disclosed to the alien and the
alien's response to such evidence;
(2) withdraw from the record of any proceedings involving
such alien any and all evidence, testimony, or other
information submitted by the Government ex parte and in camera
to the immigration judge, the Board of Immigration Appeals, or
to any court, as the case may be, and--
(A) release such alien if such alien is detained;
and
(B) cease all restrictions on the liberty of such
alien if such restrictions exist,
unless detention is warranted solely on the basis of evidence
disclosed to the alien; or
(3) release such alien.
(b) Application to Aliens Seeking Immigration Benefits.--Not more
than 30 days after the effective date of this Act, the Attorney General
shall, with respect to any alien physically present in the United
States whose application for an immigration benefit is or was opposed
by the Government on the basis in whole or in part of information
submitted by the Government ex parte and in camera to an immigration
judge, to the Board of Immigration Appeals, or to any court--
(1) provide such alien a copy or transcript of such
information and a reasonable opportunity to respond to such
information, and grant or deny the application or reopen the
proceedings and afford the alien de novo reconsideration of the
application, as the case may be, based solely on evidence in
the public record;
(2) withdraw from the record of any proceedings involving
such alien any and all evidence, testimony, or other
information submitted by the Government ex parte and in camera
to the immigration judge, the Board of Immigration Appeals, or
to any court, as the case may be, and grant or deny the
application or reopen the proceedings and afford the alien de
novo reconsideration of the application, as the case may be,
based solely on evidence in the public record; or
(3) grant the application.
(c) Termination of Proceedings.--In the case of an alien in
immigration proceedings as of the effective date of this Act conducted
under title V of the Immigration and Nationality Act--
(1) such proceedings are terminated as of the effective
date of this Act without prejudice to the Attorney General or
the alien; and
(2) the Attorney General may, in his or her discretion,
commence de novo removal proceedings within 10 days thereafter
under section 240 of the Immigration and Nationality Act (8
U.S.C. 1229a).
SEC. 8. REGULATIONS.
The Attorney General shall promulgate regulations, including
regulations governing applications for asylum, withholding of
deportation or removal, adjustment of status, naturalization, temporary
protected status, and relief from deportation, exclusion, or removal to
implement this Act not more than 90 days after the effective date of
this Act.
SEC. 9. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
the enactment of this Act and shall apply to all aliens without regard
to the date of arrival, admission, entry, or parole into the United
States. | Limits such information's use to: (1) terrorist activity deportation; or (2) opposition to an alien's admission or relief from removal upon certification that such information could not be developed from open sources and that an agency declassification request has been made.
Provides: (1) for Federal district court review of classified material upon Attorney General or alien request; and (2) that the court will issue an order indicating any unclassified summary of such material that may be used in the immigration proceeding. Applies the provisions of the Classified Information Procedures Act to an immigration proceeding under district court review in the same manner as a criminal proceeding subject to such Act.
(Sec. 4) States that an alien in a removal proceeding shall have a reasonable opportunity to examine all evidence, present evidence, and question witnesses, subject to the classified information provisions of this Act. (Current law excludes national security information from disclosure.)
(Sec. 5) Amends the Act to entitle an alien, subject to the classified information provisions of this Act, who is subject to arrest and detention for removal or deportation to: (1) non-federally provided counsel; (2) examine all evidence, present evidence, and question witnesses; and (3) have a complete record of the proceeding kept.
(Sec. 6) Exempts an alien who is a lawful permanent resident, parolee, or asylee from the security and related removal provisions. (Such provisions provide for limited hearings and use of nondisclosed information.)
(Sec. 7) Provides for transitional application of information access provisions to alien detainees and aliens seeking immigration benefits.
(Sec.8) Requires the Attorney General to promulgate implementing regulations within 90 days of the effective date of this Act.
(Sec. 9) Makes the amendments of this Act effective upon enactment, and applicable to all aliens. | Secret Evidence Repeal Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Workforce Advisory Commission
Act of 2003''.
SEC. 2. HEALTH WORKFORCE ADVISORY COMMISSION.
(a) Establishment.--The Comptroller General shall establish a
commission to be known as the Health Workforce Advisory Commission
(referred to in this Act as the ``Commission'').
(b) Membership.--
(1) In general.--The Commission shall be composed of 18
members to be appointed by the Comptroller General not later
than 90 days after the date of enactment of this Act, and an
ex-officio member who shall serve as the Director of the
Commission.
(2) Qualifications.--In appointing members to the
Commission under paragraph (1), the Comptroller General shall
ensure that--
(A) the Commission includes individuals with
national recognition for their expertise in health care
workforce issues, including workforce forecasting,
undergraduate and graduate training, economics, health
care and health care systems financing, public health
policy, and other fields;
(B) the members are geographically representative
of the United States and maintain a balance between
urban and rural representatives;
(C) the members include a representative from the
commissioned corps of the Public Health Service;
(D) the members represent the spectrum of
professions in the current and future healthcare
workforce, including physicians, nurses, and other
health professionals and personnel, and are skilled in
the conduct and interpretation of health workforce
measurement, monitoring and analysis, health services,
economic, and other workforce related research and
technology assessment;
(E) at least 25 percent of the members who are
health care providers are from rural areas; and
(F) a majority of the members are individuals who
are not currently primarily involved in the provision
or management of health professions education and
training programs.
(3) Terms and vacancies.--
(A) Terms.--The term of service of the members of
the Commission shall be for 3 years except that the
Comptroller General shall designate staggered terms for
members initially appointed under paragraph (1).
(B) Vacancies.--Any member who is appointed to fill
a vacancy on the Commission that occurs before the
expiration of the term for which the member's
predecessor was appointed shall be appointed only for
the remainder of that term.
(4) Chairperson.--
(A) Designation.--The Comptroller General shall
designate a member of the Commission, at the time of
the appointment of such member--
(i) to serve as the Chairperson of the
Commission; and
(ii) to serve as the Vice Chairperson of
the Commission.
(B) Term.--A member shall serve as the Chairperson
or Vice Chairperson of the Commission under
subparagraph (A) for the term of such member.
(C) Vacancy.--In the case of a vacancy in the
Chairpersonship or Vice Chairpersonship, the
Comptroller General shall designate another member to
serve for the remainder of the vacant member's term.
(c) Duties.--The Commission shall--
(1) review the health workforce policies implemented--
(A) under titles XVIII and XIX of the Social
Security Act (42 U.S.C. 1395, 1396 et seq.);
(B) under titles VII and VIII of the Public Health
Service Act (42 U.S.C. 292, 296 et seq.);
(C) by the National Institutes of Health;
(D) by the Department of Health and Human Services;
(E) by the Department of Veterans Affairs; and
(F) by other departments and agencies as
appropriate;
(2) analyze and make recommendations to improve the methods
used to measure and monitor the health workforce and the
relationship between the number and make up of such personnel
and the access of individuals to appropriate health care;
(3) review the impact of health workforce policies and
other factors on the ability of the health care system to
provide optimal medical and health care services;
(4) analyze and make recommendations pertaining to Federal
incentives (financial, regulatory, and otherwise) and Federal
programs that are in place to promote the education of an
appropriate number and mix of health professionals to provide
access to appropriate health care in the United States;
(5) analyze and make recommendations about the appropriate
supply and distribution of physicians, nurses, and other health
professionals and personnel to achieve a health care system
that is safe, effective, patient centered, timely, equitable,
and efficient;
(6) analyze the role and global implications of
internationally trained physicians, nurses, and other health
professionals and personnel in the United States health
workforce;
(7) analyze and make recommendations about achieving
appropriate diversity in the United States health workforce;
(8) conduct public meetings to discuss health workforce
policy issues and help formulate recommendations for Congress
and the Secretary of Health and Human Services;
(9) in the course of meetings conducted under paragraph
(8), consider the results of staff research, presentations by
policy experts, and comments from interested parties;
(10) make recommendations to Congress concerning health
workforce policy issues;
(11) not later than April 15, 2004, and each April 15
thereafter, submit a report to Congress containing the results
of the reviews conducted under this subsection and the
recommendations developed under this subsection;
(12) periodically, as determined appropriate by the
Commission, submit reports to Congress concerning specific
issues that the Commission determines are of high importance;
and
(13) carry out any other activities determined appropriate
by the Secretary of Health and Human Services.
(d) Ongoing Duties Concerning Reports and Reviews.--
(1) Commenting on reports.--
(A) Submission to commission.--The Secretary of
Health and Human Services shall transmit to the
Commission a copy of each report that is submitted by
the Secretary to Congress if such report is required by
law and relates to health workforce policy.
(B) Review.--The Commission shall review a report
transmitted under subparagraph (A) and, not later than
6 months after the date on which the report is
transmitted, submit to the appropriate committees of
Congress written comments concerning such report. Such
comments may include such recommendations as the
Commission determines appropriate.
(2) Agenda and additional reviews.--
(A) In general.--The Commission shall consult
periodically with the chairman and ranking members of
the appropriate committees of Congress concerning the
agenda and progress of the Commission.
(B) Additional reviews.--The Commission may from
time to time conduct additional reviews and submit
additional reports to the appropriate committees of
Congress on topics relating to Federal health
workforce-related programs and as may be requested by
the chairman and ranking members of such committees.
(3) Availability of reports.--The Commission shall transmit
to the Secretary of Health and Human Services a copy of each
report submitted by the Commission under this section and shall
make such reports available to the public.
(e) Powers of the Commission.--
(1) General powers.--Subject to such review as the
Comptroller General determines to be necessary to ensure the
efficient administration of the Commission, the Commission
may--
(A) employ and fix the compensation of the
Executive Director and such other personnel as may be
necessary to carry out its duties;
(B) seek such assistance and support as may be
required in the performance of its duties from
appropriate Federal departments and agencies;
(C) enter into contracts or make other arrangements
as may be necessary for the conduct of the work of the
Commission;
(D) make advance, progress, and other payments that
relate to the work of the Commission;
(E) provide transportation and subsistence for
personnel who are serving without compensation; and
(F) prescribe such rules and regulations at the
Commission determined necessary with respect to the
internal organization and operation of the Commission.
(2) Information.--To carry out its duties under this
section, the Commission--
(A) shall have unrestricted access to all
deliberations, records, and nonproprietary data
maintained by the General Accounting Office;
(B) may secure directly from any department or
agency of the United States information necessary to
enable the Commission to carry out its duties under
this section, on a schedule that is agreed upon between
the Chairperson and the head of the department or
agency involved;
(C) shall utilize existing information (published
and unpublished) collected and assessed either by the
staff of the Commission or under other arrangements;
(D) may conduct, or award grants or contracts for
the conduct of, original research and experimentation
where information available under subparagraphs (A) and
(B) is inadequate;
(E) may adopt procedures to permit any interested
party to submit information to be used by the
Commission in making reports and recommendations under
this section; and
(F) may carry out other activities determined
appropriate by the Commission.
(f) Administrative Provisions.--
(1) Compensation.--While serving on the business of the
Commission a member of the Commission shall be entitled to
compensation at the per diem equivalent of the rate provided
for under level IV of the Executive Schedule under title 5,
United States Code.
(2) Meetings.--The Commission shall meet at the call of the
Chairperson.
(3) Executive director and staff.--The Comptroller General
shall appoint an individual to serve as the interim Executive
Director of the Commission until the members of the Commission
are able to select a permanent Executive Director under
subsection (e)(1)(A).
(4) Ethical disclosure.--The Comptroller General shall
establish a system for public disclosure by members of the
Commission of financial and other potential conflicts of
interest relating to such members.
(5) Audits.--The Commission shall be subject to periodic
audit by the Comptroller General.
(g) Funding.--
(1) Requests.--The Commission shall submit requests for
appropriations in the same manner as the Comptroller General
submits such requests. Amounts appropriated for the Commission
shall be separate from amounts appropriated for the Comptroller
General.
(2) Authorization of appropriations.--There are authorized
to be appropriated to carry out this section, $6,000,000 for
fiscal year 2004, and such sums as may be necessary for each
subsequent fiscal year, of which--
(A) 80 percent of such appropriated amount shall be
made available from the Federal Hospital Insurance
Trust Fund under section 1817 of the Social Security
Act (42 U.S.C. 1395i); and
(B) 20 percent of such appropriation shall be made
available for amounts appropriated to carry out title
XIX of such Act (42 U.S.C. 1396 et seq.).
(h) Definition.--In this Act, the term ``appropriate committees of
Congress'' means the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives. | Health Workforce Advisory Commission Act of 2003 - Directs the Comptroller General to establish a Health Workforce Advisory Commission. Includes among the duties of the Commission: (1) reviewing the impact of Federal health workforce policies and other factors on the ability of the health care system to provide optimal services; (2) analyzing the role and global implications of internationally trained professionals and personnel in the United States workforce; and (3) making recommendations to Congress concerning health workforce policy issues. Specifies duties the Commission shall perform concerning reports and reviews. | A bill to provide for the establishment of a Health Workforce Advisory Commission to review Federal health workforce policies and make recommendations on improving those policies. |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``65th Infantry
Regiment Commemorative Coin Act''.
(b) Findings.--The Congress hereby finds that the brave and gallant
soldiers from the Commonwealth of Puerto Rico who comprised the 65th
Infantry Regiment of the United States Army deserve a special
commemoration and a commemorative coin for their contributions during
the Korean conflict for the following reasons:
(1) The Puerto Rican soldiers of the 65th Infantry Regiment
unselfishly fought, bled, and died for the rights and
privileges of all citizens of the United States and the
Republic of Korea.
(2) 125 soldiers of the United States Army's 65th Infantry
Regiment were awarded the Silver Star and 4 received the
Distinguished Service Cross for their heroism during the Korean
conflict.
(3) The 65th Infantry Regiment went to the rescue of the
1st Division of the United States Marine Corps in Hagaru-ri
when that division was surrounded by forces of the Peoples
Republic of China, provided a safe corridor through which the
Marines escaped, and formed a protective rear guard during the
retreat to Hungnam.
(4) After bitter fighting, and with the forces of the
Peoples Republic of China on their heels, the 65th Infantry
Regiment was the last regiment to leave the beachhead in the
Christmas eve evacuation of Hungnam on December 24, 1950.
(5) One night, while the 65th Infantry Regiment was
encamped near the command post of the 3d Infantry Division of
the United States Army during a rest and recreation leave away
from the front lines, the command post of the 3d Infantry
Division was attacked by over 1,000 North Korean soldiers who
had infiltrated through the front lines without being detected
and the 65th Infantry Regiment rallied, attacked, and
subsequently destroyed the North Korean force, thereby saving
the commanding officer and staff of the 3d Infantry Division
from death or capture.
(6) For their heroism in battle, the soldiers of the 65th
Infantry Division were showered with many accolades but for
them perhaps the most significant and meaningful came in the
form of a letter from the commander of the United Nations
forces in Korea, General of the Army Douglas MacArthur which
read in part as follows:
``The Puerto Ricans forming the ranks of the gallant 65th Infantry
Division on the battlefields of Korea by valor, determination and a
resolute will to victory give daily testament to their invincible
loyalty to the United States and the fervor of their devotion to those
immutable standards of human relations to which the Americans and the
Puerto Ricans are in common dedicated. They are writing a brilliant
record of achievement in battle and I am proud indeed to have them in
this command. I wish that we might have many more like them.''.
SEC. 2. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--In commemoration of all the Puerto Ricans in
the 65th Infantry Regiment of the United States Army who fought in the
Korean conflict, the Secretary of the Treasury (hereafter in this Act
referred to as the ``Secretary'') shall mint and issue not more than
60,000 1 dollar coins, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the courage and valor of the Puerto
Ricans who served in the 65th Infantry Regiment during the
Korean conflict.
(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
Secretary of Veterans Affairs, the National Congress for Puerto
Rican Veterans, the Puerto Rican Veterans In Massachusetts
Association, the Puerto Rican-American Research Institute, and
the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1, 1997.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 31, 1997.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Surcharges.--All sales shall include a surcharge of $10 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
(a) In General.--All surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly deposited in the
Korean War Veterans Memorial Fund for use by the American Battle
Monuments Commission in accordance with subsection (b).
(b) Use of Proceeds.--
(1) Costs relating to the korean war veterans memorial.--
Except as provided in paragraph (2), amounts deposited in the
Korean War Veterans Memorial Fund pursuant to subsection (a)
shall be available to the American Battle Monuments Commission
for the uses described in section 8(b) of Public Law 101-495.
(2) Ceremony for the 65th regiment.--The American Battle
Monuments Commission shall use such amount of the surcharges
from the sale of coins issued as the Commission determines to
be necessary and appropriate, after consulting with the
National Congress for Puerto Rican Veterans, the Puerto Rican
Veterans In Massachusetts Association, and the Puerto Rican-
American Research Institute, to conduct a ceremony at the
Korean War Veterans Memorial commemorating the Puerto Ricans
comprising the 65th Infantry Regiment of the United States Army
for their service and contributions during the Korean conflict.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the American Battle Monuments Commission as may be related to
the expenditures of amounts paid under subsection (a).
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board. | 65th Infantry Regiment Commemorative Coin Act - Instructs the Secretary of the Treasury issue one-dollar silver coins emblematic of all the Puerto Ricans in the 65th Infantry Regiment of the U.S. Army who fought in the Korean conflict.
Mandates deposit of sales surcharges in the Korean War Veterans Memorial Fund for use by the American Battle Monuments Commission. | 65th Infantry Regiment Commemorative Coin Act |
SECTION 1. BULLYING AND HARASSMENT PREVENTION POLICIES, PROGRAMS, AND
STATISTICS.
(a) State Reporting Requirements.--Section 4112(c)(3)(B)(iv) of the
Safe and Drug-Free Schools and Communities Act (20 U.S.C.
7112(c)(3)(B)(iv)) is amended by inserting ``, including bullying and
harassment,'' after ``violence''.
(b) State Application.--Section 4113(a) of such Act (20 U.S.C.
7113(a)) is amended--
(1) in paragraph (9)--
(A) in subparagraph (C), by striking ``and'' at the
end; and
(B) by adding at the end the following:
``(E) the incidence and prevalence of reported
incidents of bullying and harassment; and
``(F) the perception of students regarding their
school environment, including with respect to the
prevalence and seriousness of incidents of bullying and
harassment and the responsiveness of the school to
those incidents;'';
(2) in paragraph (18), by striking ``and'' at the end;
(3) in paragraph (19), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(20) provides an assurance that the State educational
agency will provide assistance to districts and schools in
their efforts to prevent and appropriately respond to incidents
of bullying and harassment and describes how the agency will
meet this requirement.''.
(c) Local Educational Agency Program Application.--Section 4114(d)
of such Act (20 U.S.C. 7114(d)) is amended--
(1) in paragraph (2)(B)(i)--
(A) in the matter preceding subclause (I), by
striking the semicolon and inserting a comma;
(B) in subclause (I), by striking ``and'' at the
end; and
(C) by adding at the end the following:
``(III) performance indicators for
bullying and harassment prevention
programs and activities; and''; and
(2) in paragraph (7)--
(A) in subparagraph (A), by inserting ``, including
bullying and harassment'' after ``disorderly conduct'';
(B) in subparagraph (D), by striking ``and'' at the
end; and
(C) by adding at the end the following:
``(F) annual notice to parents and students
describing the full range of prohibited conduct
contained in the discipline policies described in
subparagraph (A); and
``(G) complaint procedures for students or parents
that seek to register complaints regarding the
prohibited conduct contained in the discipline policies
described in subparagraph (A), including--
``(i) the name of the school or district
officials who are designated as responsible for
receiving such complaints; and
``(ii) timelines that the school or
district will follow in the resolution of such
complaints;''.
(d) Authorized Activities.--Section 4115(b)(2) of such Act (20
U.S.C. 7115(b)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (vi), by striking ``and'' at the end;
(B) in clause (vii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(viii) teach students about the
consequences of bullying and harassment.''; and
(2) in subparagraph (E), by adding at the end the
following:
``(xxiii) Programs that address the causes
of bullying and harassment and that train
teachers, administrators, and counselors
regarding strategies to prevent bullying and
harassment and to effectively intervene when
such incidents occur.''.
(e) Reporting.--Section 4116(a)(2)(B) of such Act (20 U.S.C.
7116(a)(2)(B)) is amended by inserting ``, including bullying and
harassment,'' after ``drug use and violence''.
(f) Impact Evaluation.--Section 4122 of such Act (20 U.S.C. 7132)
is amended--
(1) in subsection (a)(2), by striking ``and school
violence'' and inserting ``school violence, including bullying
and harassment,''; and
(2) in the first sentence of subsection (b), by inserting
``, including bullying and harassment,'' after ``drug use and
violence''.
(g) Definitions.--
(1) Drug and violence prevention.--Paragraph (3)(B) of
section 4151 of such Act (20 U.S.C. 7151) is amended by
inserting ``, bullying, and other harassment'' after ``sexual
harassment and abuse''.
(2) Protective factor, buffer, or asset.--Paragraph (6) of
such section is amended by inserting ``, including bullying and
harassment'' after ``violent behavior''.
(3) Risk factor.--Paragraph (7) of such section is amended
by inserting ``, including bullying and harassment'' after
``violent behavior''.
(4) Bullying, harassment, and violence.--Such section is
further amended by adding at the end the following:
``(12) Bullying.--The term `bullying' means conduct,
including conduct that is based on a student's actual or
perceived identity with regard to race, color, national origin,
gender, disability, sexual orientation, religion, or any other
distinguishing characteristics that may be defined by a State
or local educational agency, that--
``(A) is directed at one or more students;
``(B) substantially interferes with educational
opportunities or educational programs of such students;
and
``(C) adversely affects the ability of a student to
participate in or benefit from the school's educational
programs or activities by placing a student in
reasonable fear of physical harm.
``(13) Harassment.--The term `harassment' means conduct,
including conduct that is based on a student's actual or
perceived identity with regard to race, color, national origin,
gender, disability, sexual orientation, religion, or any other
distinguishing characteristics that may be defined by a State
or local educational agency, that--
``(A) is directed at one or more students;
``(B) substantially interferes with educational
opportunities or educational programs of such students;
and
``(C) adversely affects the ability of a student to
participate in or benefit from the school's educational
programs or activities because the conduct as
reasonably perceived by the student is so severe,
pervasive, and objectively offensive.
``(14) Violence.--The term `violence' includes bullying and
harassment.''.
(h) Effect on Other Laws.--
(1) Amendment.--The Safe and Drug-Free Schools and
Communities Act (20 U.S.C. 7101 et seq.) is amended by adding
at the end the following:
``SEC. 4156. EFFECT ON OTHER LAWS.
``(a) Federal and State Nondiscrimination Laws.--Nothing in this
part shall be construed to alter legal standards regarding, or limit
rights available to victims of, bullying or harassment under other
Federal or State laws, including title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of
1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794), or the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.).
``(b) Free Speech and Expression Laws.--Nothing in this part shall
be construed to alter legal standards regarding, or affect the rights
available to individuals under, other Federal laws that establish
protections for freedom of speech and expression.''.
(2) Clerical amendment.--The table of contents of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.) is amended by adding after the item relating to
section 4155 the following:
``Sec. 4156. Effect on other laws.''. | Amends the Safe and Drug-Free Schools and Communities Act to: (1) include bullying and harassment under the definition of violence; and (2) provide for programs to address and prevent bullying and harassment. | To amend the Safe and Drug-Free Schools and Communities Act to include bullying and harassment prevention programs. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dirty Bomb Prevention Act''.
SEC. 2. RADIATION SOURCE PROTECTION.
(a) Amendment.--Chapter 14 of the Atomic Energy Act of 1954 (42
U.S.C. 2201 et seq.) is amended by adding at the end the following new
section:
``Sec. 170C. Radiation Source Protection.--
``a. Task Force on Sealed Source Protection.--
``(1) Establishment.--There is hereby established a task
force on sealed source protection.
``(2) Membership.--The task force shall be headed by the
Chairman of the Commission or his designee. Its members shall
be the following:
``(A) The Secretary of Defense or his designee.
``(B) The Secretary of Transportation or his
designee.
``(C) The Attorney General or his designee.
``(D) The Secretary of State or his designee.
``(E) The Director of the Central Intelligence
Agency or his designee.
``(F) The Director of the Federal Emergency
Management Agency or his designee.
``(G) The Director of the Federal Bureau of
Investigation or his designee.
``(H) The Homeland Security Officer or his
designee.
``(3) Duties.--
``(A) In general.--The task force, in consultation
with other State, Federal, and local agencies and
members of the public, as appropriate, shall evaluate
and provide recommendations to ensure the security of
sealed sources from potential terrorist threats,
including acts of sabotage, theft, or use of such
sources in a radiological dispersal device.
``(B) Recommendations to congress and the
president.--Not later than 180 days after the date of
the enactment of this section, and not less than once
every 3 years thereafter, the task force shall submit a
report to Congress and to the President, in
unclassified form with a classified annex if necessary,
providing recommendations, including recommendations
for appropriate regulatory and legislative changes,
for--
``(i) the establishment of or modifications
to a classification system for sealed sources
based on their potential attractiveness to
terrorists and the extent of the threat to
public health and safety, taking into account
sealed source radioactivity levels,
dispersability, chemical and material form, and
other factors as appropriate;
``(ii) the establishment of or
modifications to a national system for recovery
of sealed sources that have been lost or
stolen, taking into account the classification
system established under clause (i);
``(iii) the storage of sealed sources not
currently in use in a safe and secure manner;
``(iv) the establishment of or modification
to a national tracking system for sealed
sources, taking into account the classification
system established under clause (i);
``(v) the establishment of or modifications
to a national system to impose fees to be
collected from users of sealed sources, to be
refunded when the sealed sources are returned
or properly disposed of, or any other method to
ensure the return or proper disposal of sealed
sources;
``(vi) any modifications to export controls
on sealed sources necessary to ensure that
foreign recipients of sealed sources are able
and willing to control United States-origin
sealed sources in the same manner as United
States recipients;
``(vii) whether alternative technologies
are available that can perform some or all of
the functions currently performed by devices
that employ sealed sources, and if so, the
establishment of appropriate regulations and
incentives for the replacement of such devices
with alternative technologies in order to
reduce the number of sealed sources in the
United States; and
``(viii) the creation of or modifications
to procedures for improving the security of
sealed sources in use, transportation, and
storage, which may include periodic Commission
audits or inspections to ensure that sealed
sources are properly secured and can be fully
accounted for, Commission evaluation of
security measures, increased fines for
violations of Commission regulations relating
to security and safety measures applicable to
licensees who possess sealed sources,
background checks for certain individuals with
access to sealed sources, assurances of the
physical security of facilities that contain
sealed sources, and the screening of shipments
to facilities particularly at risk for sabotage
of sealed sources to ensure that they do not
contain explosives.
``b. Commission Actions.--Not later than 60 days after receipt by
Congress and the President of the report required under subsection
a.(3)(B), the Commission, in accordance with the recommendations of the
task force, shall take any appropriate actions, including commencing
revision of its system for licensing sealed sources, and shall take
necessary steps to ensure that States that have entered into an
agreement under section 274 b. establish compatible programs in a
timely manner.
``c. National Academy of Sciences Study.--Not later than 60 days
after the date of the enactment of this section, the Commission shall
enter into an arrangement with the National Academy of Sciences for a
study of industrial, research, and commercial uses for sealed sources.
The study shall review the current uses for sealed sources, identifying
industrial or other processes that utilize sealed sources that could be
replaced with economically and technically equivalent (or improved)
processes that do not require the use of radioactive materials. The
Commission shall transmit the results of the study to Congress within
24 months after the date of the enactment of this section.
``d. Definition.--For purposes of this section, the term `sealed
source' means any byproduct material or special nuclear material
encased in a capsule designed to prevent leakage or escape of the
material, except that such term does not include fuel or spent fuel.''.
(b) Table of Sections Amendment.--The table of sections of the
Atomic Energy Act of 1954 is amended by adding at the end of the items
relating to chapter 14 the following new items:
``Sec. 170B. Uranium supply.
``Sec. 170C. Radiation source protection.''. | Dirty Bomb Prevention Act - Amends the Atomic Energy Act of 1954 to establish a task force on sealed source protection (byproduct material or special nuclear material encased in a capsule designed to prevent leakage or escape of the material).Requires the task force to evaluate and make recommendations to ensure the security of sealed sources from potential terrorist threats, including acts of sabotage, theft, or use of such sources in a radiological dispersal device.Directs the Nuclear Regulatory Commission to arrange with the National Academy of Sciences for a study of industrial, research, and commercial uses for sealed sources. | To establish a task force to evaluate and make recommendations with respect to the security of sealed sources of radioactive materials, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electric Charging Advancement Reform
Act'' or as the ``E-Car Act''.
SEC. 2. EXTENSION AND MODIFICATION OF CREDIT FOR ELECTRIC CAR
RECHARGING PROPERTY.
(a) In General.--Section 30C of the Internal Revenue Code of 1986
is amended to read as follows:
``SEC. 30C. ELECTRIC VEHICLE RECHARGING PROPERTY CREDIT.
``(a) Credit Allowed.--There shall be allowed as a credit against
the tax imposed by this chapter for the taxable year an amount equal to
50 percent of the cost of any qualified electric vehicle recharging
property placed in service by the taxpayer during the taxable year.
``(b) Limitation.--The credit allowed under subsection (a) with
respect to all qualified electric vehicle recharging property placed in
service by the taxpayer during the taxable year at a location shall not
exceed--
``(1) in the case of a property of a character subject to
an allowance for depreciation, the greater of--
``(A) $100,000, or
``(B) $10,000 multiplied by the number of devices
placed in service at the location by the taxpayer
during the taxable year, and
``(2) $2,000 in any other case.
``(c) Qualified Electric Vehicle Recharging Property.--For purposes
of this section, the term `qualified electric vehicle recharging
property' means any property (not including a building) if--
``(1) such property is--
``(A) of a character subject to the allowance for
depreciation, or
``(B) installed on property which is used as the
principal residence (within the meaning of section 121)
of the taxpayer,
``(2) the original use of such property begins with the
taxpayer, and
``(3) such property is for the recharging of motor vehicles
propelled by electricity (including property relating to
providing electricity for such recharging or otherwise
necessary for such recharging property).
``(d) Application With Other Credits.--
``(1) Business credit treated as part of general business
credit.--So much of the credit which would be allowed under
subsection (a) for any taxable year (determined without regard
to this subsection) that is attributable to property of a
character subject to an allowance for depreciation shall be
treated as a credit listed in section 38(b) for such taxable
year (and not allowed under subsection (a)).
``(2) Personal credit.--
``(A) In general.--For purposes of this title, the
credit allowed under subsection (a) for any taxable
year (after the application of paragraph (1)) shall be
treated as a credit allowable under subpart A for such
taxable year.
``(B) Limitation based on amount of tax.--In the
case of a taxable year to which section 26(a)(2) does
not apply, the credit allowed under subsection (a) for
any taxable year (determined after application of
paragraph (1)) shall not exceed the excess of--
``(i) the sum of the regular tax liability
(as defined in section 26(b)) plus the tax
imposed by section 55, over
``(ii) the sum of the credits allowable
under subpart A (other than this section and
sections 25D and 30D) and section 27 for the
taxable year.
``(e) Special Rules.--For purposes of this section--
``(1) Basis reduction.--The basis of any property shall be
reduced by the portion of the cost of such property taken into
account under subsection (a).
``(2) Property used by tax-exempt entity.--In the case of
any qualified electric vehicle recharging property the use of
which is described in paragraph (3) or (4) of section 50(b)
(including use by an Indian tribal government) and which is not
subject to a lease, the person who sold such property to the
person or entity using such property shall be treated as the
taxpayer that placed such property in service, but only if such
person clearly discloses to such person or entity in a document
the amount of any credit allowable under subsection (a) with
respect to such property (determined without regard to
subsection (d)).
``(3) Property used outside united states not qualified.--
No credit shall be allowable under subsection (a) with respect
to any property referred to in section 50(b)(1) or with respect
to the portion of the cost of any property taken into account
under section 179.
``(4) Election not to take credit.--No credit shall be
allowed under subsection (a) for any property if the taxpayer
elects not to have this section apply to such property.
``(5) Recapture rules.--Rules similar to the rules of
section 179A(e)(4) shall apply.
``(6) Device.--For the purposes of subsection (b)(1), the
term `device' means an individual item of property, whether a
stand-alone item or part of property that includes multiple
devices, which functions to recharge one vehicle at a time.
``(7) Joint ownership of qualified electric vehicle
recharging property.--
``(A) In general.--Any qualified electric vehicle
recharging property shall not fail to be treated as
such property solely because such property is placed in
service with respect to 2 or more dwelling units.
``(B) Limits applied separately.--In the case of
any qualified electric vehicle recharging property
which is placed in service with respect to 2 or more
dwelling units, this section (other than this
subparagraph) shall be applied separately with respect
to the portion of such property attributable to each
such dwelling unit.
``(f) Regulations.--The Secretary shall prescribe such regulations
as necessary to carry out the provisions of this section.
``(g) Termination.--This section shall not apply to any property
placed in service after December 31, 2017.''.
(b) Conforming Amendment.--Clause (ii) of section 30D(c)(2)(B) of
such Code is amended by striking ``section 25D'' and inserting
``sections 25D and 30C''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to property placed
in service after December 31, 2013.
(2) Preservation of last year of credit for hydrogen
refueling property.--So much of the amendment made by
subsection (a) as relates to the repeal of section 30C of the
Internal Revenue Code of 1986 (as in effect before the date of
the enactment of this Act) shall apply to property placed in
service after December 31, 2014. | Electric Charging Advancement Reform Act or the E-Car Act - Amends the Internal Revenue Code to replace the tax credit for qualified alternative fuel vehicle refueling property expenditures with a tax credit for 50% of the cost of any qualified electric vehicle recharging property that is: (1) installed on property used as the principal residence of the taxpayer, and (2) for the recharging of motor vehicles propelled by electricity. Terminates such credit after December 31, 2017. | E-Car Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Girl Scouts USA Centennial
Commemorative Coin Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Girl Scouts of the United States of America is the
world's preeminent organization dedicated solely to girls,
building character and skills for success in the real world;
(2) in 1911, Juliette Gordon Low met Sir Robert Baden-
Powell, a war hero and the founder of the Boy Scouts of
America;
(3) with Baden-Powell's help and encouragement, Juliette
Gordon Low made plans to start a similar association for
American girls;
(4) on March 12, 1912, Juliette Gordon Low organized the
first 2 Girl Scout Troops in Savannah, Georgia consisting of 18
members;
(5) Low devoted the next 15 years of her life to building
the organization, which would become the largest voluntary
association for women and girls in the United States;
(6) Low drafted the Girl Scout laws, supervised the writing
of the first handbook in 1913, and provided most of the
financial support for the organization during its early years;
(7) the Girl Scouts of the United States of America was
chartered by the United States Congress in 1950, in section
80301 of title 36, United States Code;
(8) today there are more than 3,700,000 members in 236,000
troops throughout the United States and United States
territories;
(9) through membership in the World Association of Girl
Guides and Girl Scouts, Girls Scouts of the United States of
America is part of a worldwide family of 10,000,000 girls and
adults in 145 countries;
(10) more than 50,000,000 American women enjoyed Girl
Scouting during their childhood, and that number continues to
grow as Girl Scouts of the United States of America continues
to inspire, challenge, and empower girls everywhere; and
(11) March 12, 2012 will mark the 100th Anniversary of the
establishment of the Girl Scouts of the United States of
America.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 350,000 $1 coins in commemoration of the centennial of the
Girl Scouts of the United States of America, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the centennial of the establishment
of the Girl Scouts of the United States of America.
(2) Designation and inscriptions.--On each coin minted
under this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2011''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
Girl Scouts of the United States of America and the Commission
of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--
(1) In general.--Only 1 facility of the United States Mint
may be used to strike any particular quality of the coins
minted under this Act.
(2) Use of the united states mint at west point, new
york.--It is the sense of the Congress that the coins minted
under this Act should be struck at the United States Mint at
West Point, New York, to the greatest extent possible.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the calendar year beginning on January 1, 2011.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins minted under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7 with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
minted under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins minted under this Act shall be paid to the Girl Scouts of the
United States of America for efforts involved in marking the Centennial
of its establishment, which may include efforts to preserve the
birthplace of Juliette Gordon Low.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Girl Scouts of the United States of America as may be
related to the expenditure of amounts paid under subsection (b). | Girl Scouts USA Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue up to 350,000 $1 coins in commemoration of the centennial of the Girl Scouts of the United States of America.
Requires the coin design to be emblematic of such centennial.
Requires such coins to be issued in uncirculated and proof qualities, from only one U.S. Mint facility.
Declares the sense of Congress that such facility should be the U.S. Mint at West Point, New York, to the greatest extent possible.
Authorizes the Secretary to issue such coins only during calendar 2011.
Applies a $10 per coin surcharge to all coin sales. Requires all surcharges received to be paid to the Girl Scouts of the United States of America for efforts involved in marking it centennial, which may include efforts to preserve the birthplace of founder Juliette Gordon Low. | A bill to require the Secretary of the Treasury to mint coins in commemoration of the centennial of the establishment of the Girl Scouts of the United States of America. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jean Lafitte National Historical
Park and Preserve Boundary Adjustment Act of 2007''.
SEC. 2. JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE BOUNDARY
ADJUSTMENT.
(a) In General.--Section 901 of the National Parks and Recreation
Act of 1978 (16 U.S.C. 230) is amended in the second sentence by
striking ``of approximately twenty thousand acres generally depicted on
the map entitled `Barataria Marsh Unit-Jean Lafitte National Historical
Park and Preserve' numbered 90,000B and dated April 1978,'' and
inserting ``generally depicted on the map entitled `Boundary Map,
Barataria Preserve Unit, Jean Lafitte National Historical Park and
Preserve', numbered _____, and dated ________,''.
(b) Acquisition of Land.--Section 902 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230a) is amended--
(1) in subsection (a)--
(A) by striking ``(a) Within the'' and all that
follows through the first sentence and inserting the
following:
``(a) In General.--
``(1) Barataria preserve unit.--
``(A) In general.--The Secretary may acquire any
land, water, and interests in land and water within the
area, as depicted on the map described in section 901,
by donation, purchase with donated or appropriated
funds, transfer from any other Federal agency, or
exchange.
``(B) Limitations.--
``(i) In general.--Any private land located
in the area, as depicted on the map described
in section 901, may be acquired by the
Secretary only with the consent of the owner of
the land.
``(ii) Boundary adjustment.--On the date on
which the Secretary, under subparagraph (A),
completes the acquisition of a parcel of
private land located in the area, as depicted
on the map described in section 901, the
boundary of the historical park and preserve
shall be adjusted to reflect the acquisition.
``(iii) Jurisdiction of national park
service.--Any Federal land acquired in the
areas shall be transferred without
consideration to the administrative
jurisdiction of the National Park Service.
``(iv) Easements.--To ensure adequate
hurricane protection of communities located in
the area, any land in the area identified on
the map that is acquired or transferred shall
be subject to any easements that have been
agreed to by the Secretary and the Secretary of
the Army.'';
(B) in the second sentence, by striking ``The
Secretary may also'' and inserting the following:
``(2) French quarter.--The Secretary may'';
(C) in the third sentence, by striking ``Lands,
waters, and interests therein'' and inserting the
following:
``(3) Acquisition of state land.--Land, water, and
interests in land and water''; and
(D) in the fourth sentence, by striking ``In
acquiring'' and inserting the following:
``(4) Acquisition of oil and gas rights.--In acquiring'';
(2) by striking subsections (b) through (f) and inserting
the following:
``(b) Resource Protection.--With respect to the land, water, and
interests in land and water of the Barataria Preserve Unit, the
Secretary shall preserve and protect--
``(1) fresh water drainage patterns;
``(2) vegetative cover;
``(3) the integrity of ecological and biological systems;
and
``(4) water and air quality.''; and
(3) by redesignating subsection (g) as subsection (c).
(c) Hunting, Fishing, and Trapping.--Section 905 of the National
Parks and Recreation Act of 1978 (16 U.S.C. 230d) is amended in the
first sentence by striking ``, except that within the core area and on
those lands acquired by the Secretary pursuant to section 902(c) of
this title, he'' and inserting ``on land, and interests in land and
water managed by the Secretary, except that the Secretary''.
(d) Administration.--Section 906 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230e) is amended--
(1) by striking the first sentence; and
(2) in the second sentence, by striking ``Pending such
establishment and thereafter the'' and inserting ``The''.
SEC. 3. REFERENCES IN LAW.
(a) In General.--Any reference in a law (including regulations),
map, document, paper, or other record of the United States--
(1) to the Barataria Marsh Unit shall be considered to be a
reference to the Barataria Preserve Unit; or
(2) to the Jean Lafitte National Historical Park shall be
considered to be a reference to the Jean Lafitte National
Historical Park and Preserve.
(b) Conforming Amendments.--Title IX of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230 et seq.) is amended--
(1) by striking ``Barataria Marsh Unit'' each place it
appears and inserting ``Barataria Preserve Unit''; and
(2) by striking ``Jean Lafitte National Historical Park''
each place it appears and inserting ``Jean Lafitte National
Historical Park and Preserve''. | Jean Lafitte National Historical Park and Preserve Boundary Adjustment Act of 2007 - Amends the National Parks and Recreation Act of 1978 to adjust the boundary of the the Barataria Preserve Unit of the Jean Lafitte National Historical Park and Preserve in Louisiana and to acquire land necessary for the adjustment by transfer or exchange from a federal agency or, from a land owner, by donation or purchase (but only with an owner's consent).
Subjects any acquired or transferred land in the area to any easements that have been agreed to by the Secretary and the Secretary of the Army in order to ensure adequate hurricane protection of the communities located in the area.
Revises provisions concerning hunting, fishing, and trapping. | To adjust the boundary of the Barataria Preserve Unit of the Jean Lafitte National Historical Park and Preserve in the State of Louisiana, and for other purposes. |
SECTION 1. SHORT TITLE; AMENDMENT OF FEDERAL WATER POLLUTION CONTROL
ACT.
(a) In General.--This Act may be cited as the ``Clean Water
Infrastructure Financing Act of 1999''.
(b) Amendment of Federal Water Pollution Control Act.--Except as
otherwise expressly provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be
made to a section or other provision of the Federal Water Pollution
Control Act (33 U.S.C. 1251-1387).
SEC. 2. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS.
Section 601(a) (33 U.S.C. 1381(a)) is amended by striking ``(1) for
construction'' and all that follows through the period and inserting
``to accomplish the purposes of this Act.''.
SEC. 3. CAPITALIZATION GRANTS AGREEMENTS.
(a) Requirements for Construction of Treatment Works.--Section
602(b)(6) (33 U.S.C. 1382(b)(6)) is amended--
(1) by striking ``before fiscal year 1995''; and
(2) by striking ``201(b)'' and all that follows through
``218'' and inserting ``211''.
(b) Guidance for Small Systems.--Section 602 (33 U.S.C. 1382) is
amended by adding at the end the following new subsection:
``(c) Guidance for Small Systems.--
``(1) Simplified procedures.--Not later than 1 year after
the date of the enactment of this subsection, the Administrator
shall assist the States in establishing simplified procedures
for small systems to obtain assistance under this title.
``(2) Publication of manual.--Not later than 1 year after
the date of the enactment of this subsection, and after
providing notice and opportunity for public comment, the
Administrator shall publish a manual to assist small systems in
obtaining assistance under this title and publish in the
Federal Register notice of the availability of the manual.
``(3) Small system defined.--For purposes of this title,
the term `small system' means a system for which a municipality
or intermunicipal, interstate, or State agency seeks assistance
under this title and which serves a population of 20,000 or
less.''.
SEC. 4. WATER POLLUTION CONTROL REVOLVING FUNDS.
(a) Activities Eligible for Assistance.--Section 603(c) (33 U.S.C.
1383(c)) is amended to read as follows:
``(c) Activities Eligible for Assistance.--
``(1) In general.--The amounts of funds available to each
State water pollution control revolving fund shall be used only
for providing financial assistance to activities which have as
a principal benefit the improvement or protection of water
quality of navigable waters to a municipality, intermunicipal
agency, interstate agency, State agency, or other person. Such
activities may include the following:
``(A) Construction of a publicly owned treatment
works.
``(B) Implementation of lake protection programs
and projects under section 314.
``(C) Implementation of a management program under
section 319.
``(D) Implementation of a conservation and
management plan under section 320.
``(E) Restoration or protection of publicly or
privately owned riparian areas, including acquisition
of property rights.
``(F) Implementation of measures to improve the
efficiency of public water use.
``(G) Development and implementation of plans by a
public recipient to prevent water pollution.
``(H) Acquisition of lands necessary to meet any
mitigation requirements related to construction of a
publicly owned treatment works.
``(2) Fund amounts.--The water pollution control revolving
fund of a State shall be established, maintained, and credited
with repayments, and the fund balance shall be available in
perpetuity for providing financial assistance described in
paragraph (1). Fees charged by a State to recipients of such
assistance may be deposited in the fund for the sole purpose of
financing the cost of administration of this title.''.
(b) Extended Repayment Period for Disadvantaged Communities.--
Section 603(d)(1) (33 U.S.C. 1383(d)(1)) is amended--
(1) in subparagraph (A) by inserting after ``20 years'' the
following: ``or, in the case of a disadvantaged community, the
lesser of 40 years or the expected life of the project to be
financed with the proceeds of the loan''; and
(2) in subparagraph (B) by striking ``not later than 20
years after project completion'' and inserting ``upon the
expiration of the term of the loan''.
(c) Loan Guarantees for Innovative Technology.--Section 603(d)(5)
(33 U.S.C. 1383(d)(5)) is amended to read as follows:
``(5) to provide loan guarantees for--
``(A) similar revolving funds established by
municipalities or intermunicipal agencies; and
``(B) developing and implementing innovative
technologies.''.
(d) Administrative Expenses.--Section 603(d)(7) (33 U.S.C.
1383(d)(7)) is amended by inserting before the period at the end the
following: ``or $400,000 per year or \1/2\ percent per year of the
current valuation of such fund, whichever is greater, plus the amount
of any fees collected by the State for such purpose under subsection
(c)(2)''.
(e) Technical and Planning Assistance for Small Systems.--Section
603(d) (33 U.S.C. 1383(d)) is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) to provide to small systems technical and planning
assistance and assistance in financial management, user fee
analysis, budgeting, capital improvement planning, facility
operation and maintenance, repair schedules, and other
activities to improve wastewater treatment plant operations;
except that such amounts shall not exceed 2 percent of all
grant awards to such fund under this title.''.
(f) Consistency With Planning Requirements.--Section 603(f) (33
U.S.C. 1383(f)) is amended by striking ``is consistent'' and inserting
``is not inconsistent''.
(g) Construction Assistance.--Section 603(g) (33 U.S.C. 1383(g)) is
amended to read as follows:
``(g) Construction Assistance.--
``(1) Priority list requirement.--The State may provide
financial assistance from its water pollution control revolving
fund with respect to a project for construction of a publicly
owned treatment works only if such project is on the State's
priority list under section 216 of this Act without regard to
the rank of such project on the State's priority list.
``(2) Eligibility of certain treatment works.--A treatment
works shall be treated as a publicly owned treatment works for
purposes of subsection (c) if the treatment works, without
regard to ownership, would be considered a publicly owned
treatment works and is principally treating municipal waste
water or domestic sewage.''.
(h) Interest Rates.--Section 603 is amended by adding at the end
the following:
``(i) Interest Rates.--In any case in which a State makes a loan
pursuant to subsection (d)(1) to a disadvantaged community, the State
may charge a negative interest rate of not to exceed 2 percent to
reduce the unpaid principal of the loan. The aggregate amount of all
such negative interest rate loans the State makes in a fiscal year
shall not exceed 20 percent of the aggregate amount of all loans made
by the State from its revolving loan fund in such fiscal year.
``(j) Disadvantaged Community Defined.--In this section, the term
`disadvantaged community' means the service area of a publicly owned
treatment works with respect to which the average annual residential
sewage treatment charges for a user of the treatment works meet
affordability criteria established by the State in which the treatment
works is located (after providing for public review and comment) in
accordance with guidelines to be established by the Administrator, in
cooperation with the States.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 607 (33 U.S.C. 1387) is amended by striking ``the following
sums:'' and all that follows through the period at the end of paragraph
(5) and inserting ``$3,000,000,000 for each of fiscal years 2000
through 2004.''. | Clean Water Infrastructure Financing Act of 1999 - Amends the Federal Water Pollution Control Act to provide that capitalization grants to States for the establishment of water pollution control revolving funds ( revolving funds) shall be for providing assistance to accomplish the purposes of such Act. (Currently, such grants are provided for assistance for specific purposes.)
Removes certain requirements for States with respect to construction of treatment works under capitalization grant agreements.
Directs the Administrator of the Environmental Protection Agency to assist states in establishing simplified procedures for small water systems to obtain assistance under the Act.
Requires amounts available to revolving funds to be used only for providing assistance to activities which have as a principal benefit the improvement or protection of water quality of navigable waters. Adds activities to the list of those which may be assisted.
Provides for a repayment period of the lesser of 40 years or the expected life of the project to be financed with loan proceeds with respect to loans made to disadvantaged communities from revolving funds. Requires loans made from such funds to be fully amortized upon the expiration of the loan term (currently, no later than 20 years after project completion). Requires such funds to provide: (1) loan guarantees for developing and implementing innovative technologies; and (2) technical, planning, and other specified assistance to small systems.
Treats a treatment works as a publicly owned treatment works, for purposes of eligibility for construction assistance from a revolving fund, if the treatment works, without regard to ownership, would be considered a publicly owned treatment works and is principally treating municipal waste water or domestic sewage.
Provides for negative interest rates of up to two percent to reduce the unpaid principal on loans from revolving funds made to disadvantaged communities.
Reauthorizes appropriations for FY 2000 through 2004 for the revolving fund program. | Clean Water Infrastructure Financing Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Technology Transfer
Commercialization Act of 1998''.
SEC. 2. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS.
Section 12(b)(1) of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3710a(b)(1)) is amended by inserting ``or, subject
to section 209 of title 35, United States Code, may grant a license to
an invention which is federally owned, for which a patent application
was filed before the granting of the license, and directly within the
scope of the work under the agreement,'' after ``under the
agreement,''.
SEC. 3. LICENSING FEDERALLY OWNED INVENTIONS.
(a) Amendment.--Section 209 of title 35, United States Code, is
amended to read as follows:
``Sec. 209. Licensing federally owned inventions
``(a) Authority.--A Federal agency may grant an exclusive or
partially exclusive license on a federally owned invention under
section 207(a)(2) only if--
``(1) granting the license is a reasonable and necessary
incentive to--
``(A) call forth the investment capital and
expenditures needed to bring the invention to practical
application; or
``(B) otherwise promote the invention's utilization
by the public;
``(2) the Federal agency finds that the public will be
served by the granting of the license, as indicated by the
applicant's intentions, plans, and ability to bring the
invention to practical application or otherwise promote the
invention's utilization by the public, and that the proposed
scope of exclusivity is not greater than reasonably necessary
to provide the incentive for bringing the invention to
practical utilization, as proposed by the applicant, or
otherwise to promote the invention's utilization by the public;
``(3) the applicant makes a commitment to achieve practical
utilization of the invention within a reasonable time, which
time may be extended by the agency upon the applicant's request
and the applicant's demonstration that the refusal of such
extension would be unreasonable;
``(4) granting the license will not tend to substantially
lessen competition or create or maintain a violation of the
Federal antitrust laws; and
``(5) in the case of an invention covered by a foreign
patent application or patent, the interests of the Federal
Government or United States industry in foreign commerce will
be enhanced.
``(b) Manufacture in United States.--A Federal agency shall
normally grant a license under section 207(a)(2) to use or sell any
federally owned invention in the United States only to a licensee who
agrees that any products embodying the invention or produced through
the use of the invention will be manufactured substantially in the
United States.
``(c) Small Business.--First preference for the granting of any
exclusive or partially exclusive licenses under section 207(a)(2) shall
be given to small business firms having equal or greater likelihood as
other applicants to bring the invention to practical application within
a reasonable time.
``(d) Terms and Conditions.--Any licenses granted under section
207(a)(2) shall contain such terms and conditions as the granting
agency considers appropriate. Such terms and conditions shall include
provisions--
``(1) retaining a nontransferrable, irrevocable, paid-up
license for any Federal agency to practice the invention or
have the invention practiced throughout the world by or on
behalf of the Government of the United States;
``(2) requiring periodic reporting on utilization of the
invention, and utilization efforts, by the licensee, but only
to the extent necessary to enable the Federal agency to
determine whether the terms of the license are being complied
with; and
``(3) empowering the Federal agency to terminate the
license in whole or in part if the agency determines that--
``(A) the licensee is not executing its commitment
to achieve practical utilization of the invention,
including commitments contained in any plan submitted
in support of its request for a license, and the
licensee cannot otherwise demonstrate to the
satisfaction of the Federal agency that it has taken,
or can be expected to take within a reasonable time,
effective steps to achieve practical utilization of the
invention;
``(B) the licensee is in breach of an agreement
described in subsection (b);
``(C) termination is necessary to meet requirements
for public use specified by Federal regulations issued
after the date of the license, and such requirements
are not reasonably satisfied by the licensee; or
``(D) the licensee has been found by a court of
competent jurisdiction to have violated the Federal
antitrust laws in connection with its performance under
the license agreement.
``(e) Public Notice.--No exclusive or partially exclusive license
may be granted under section 207(a)(2) unless public notice of the
intention to grant an exclusive or partially exclusive license on a
federally owned invention has been provided in an appropriate manner at
least 15 days before the license is granted, and the Federal agency has
considered all comments received before the end of the comment period
in response to that public notice. This subsection shall not apply to
the licensing of inventions made under a cooperative research and
development agreement entered into under section 12 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a).
``(f) Plan.--No Federal agency shall grant any license under a
patent or patent application on a federally owned invention unless the
person requesting the license has supplied the agency with a plan for
development and/or marketing of the invention, except that any such
plan may be treated by the Federal agency as commercial and financial
information obtained from a person and privileged and confidential and
not subject to disclosure under section 552 of title 5 of the United
States Code.''.
(b) Conforming Amendment.--The item relating to section 209 in the
table of sections for chapter 18 of title 35, United States Code, is
amended to read as follows:
``209. Licensing federally owned inventions.''.
SEC. 4. TECHNICAL AMENDMENTS TO BAYH-DOLE ACT.
Chapter 18 of title 35, United States Code (popularly known as the
``Bayh-Dole Act''), is amended--
(1) by amending section 202(e) to read as follows:
``(e) In any case when a Federal employee is a coinventor of any
invention made with a nonprofit organization or small business firm,
the Federal agency employing such coinventor may, for the purpose of
consolidating rights in the invention and if it finds that it would
expedite the development of the invention--
``(1) license or assign whatever rights it may acquire in
the subject invention to the nonprofit organization or small
business firm in accordance with the provisions of this
chapter; or
``(2) acquire any rights in the subject invention from the
nonprofit organization or small business firm, but only to the
extent the party from whom the rights are acquired voluntarily
enters into the transaction and no other transaction under this
chapter is conditioned on such acquisition.''; and
(2) in section 207(a)--
(A) by striking ``patent applications, patents, or
other forms of protection obtained'' and inserting
``inventions'' in paragraph (2); and
(B) by inserting ``, including acquiring rights for
the Federal Government in any invention, but only to
the extent the party from whom the rights are acquired
voluntarily enters into the transaction, to facilitate
the licensing of a federally owned invention'' after
``or through contract'' in paragraph (3).
SEC. 5. TECHNICAL AMENDMENTS TO THE STEVENSON-WYDLER TECHNOLOGY
INNOVATION ACT OF 1980.
The Stevenson-Wydler Technology Innovation Act of 1980 is amended--
(1) in section 4(4) (15 U.S.C. 3703(4)), by striking
``section 6 or section 8'' and inserting ``section 7 or 9'';
(2) in section 4(6) (15 U.S.C. 3703(6)), by striking
``section 6 or section 8'' and inserting ``section 7 or 9'';
(3) in section 5(c)(11) (15 U.S.C. 3704(c)(11)), by
striking ``State of local governments'' and inserting ``State
or local governments'';
(4) in section 9 (15 U.S.C. 3707), by--
(A) striking ``section 6(a)'' and inserting
``section 7(a)'';
(B) striking ``section 6(b)'' and inserting
``section 7(b)''; and
(C) striking ``section 6(c)(3)'' and inserting
``section 7(c)(3)'';
(5) in section 11(e)(1) (15 U.S.C. 3710(e)(1)), by striking
``in cooperation with Federal Laboratories'' and inserting ``in
cooperation with Federal laboratories'';
(6) in section 11(i) (15 U.S.C. 3710(i)), by striking ``a
gift under the section'' and inserting ``a gift under this
section'';
(7) in section 14 (15 U.S.C. 3710c)--
(A) in subsection (a)(1)(A)(i), by inserting ``, if
the inventor's or coinventor's rights are assigned to
the United States'' after ``inventor or coinventors'';
(B) in subsection (a)(1)(B), by striking
``succeeding fiscal year'' and inserting ``2 succeeding
fiscal years''; and
(C) in subsection (b)(2), by striking ``inventon''
and inserting ``invention''; and
(8) in section 22 (15 U.S.C. 3714), by striking ``sections
11, 12, and 13'' and inserting ''sections 12, 13, and 14''.
SEC. 6. REVIEW OF COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENT
PROCEDURES.
(a) Review.--Within 90 days after the date of the enactment of this
Act, each Federal agency with a Federally funded laboratory that has in
effect on that date of enactment one or more cooperative research and
development agreements under section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a) shall report to the
Committee on National Security of the National Science and Technology
Council and the Congress on the general policies and procedures used by
that agency to gather and consider the views of other agencies on--
(1) joint work statements under section 12(c)(5)(C) or (D)
of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a(c)(5)(C) or (D)); or
(2) in the case of laboratories described in section
12(d)(2)(A) of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3710a(d)(2)(A)), cooperative research and
development agreements under such section 12,
with respect to major proposed cooperative research and development
agreements that involve critical national security technology or may
have a significant impact on domestic or international competitiveness.
(b) Procedures.--Within one year after the date of the enactment of
this Act, the Committee on National Security of the National Science
and Technology Council, in conjunction with relevant Federal agencies
and national laboratories, shall--
(1) determine the adequacy of existing procedures and
methods for interagency coordination and awareness with respect
to cooperative research and development agreements described in
subsection (a); and
(2) establish and distribute to appropriate Federal
agencies--
(A) specific criteria to indicate the necessity for
gathering and considering the views of other agencies
on joint work statements or cooperative research and
development agreements as described in subsection (a);
and
(B) additional procedures, if any, for carrying out
such gathering and considering of agency views with
respect to cooperative research and development
agreements described in subsection (a).
Procedures established under this subsection shall be designed to the
extent possible to use or modify existing procedures, to minimize
burdens on Federal agencies, to encourage industrial partnerships with
national laboratories, and to minimize delay in the approval or
disapproval of joint work statements and cooperative research and
development agreements.
(c) Limitation.--Nothing in this Act, nor any procedures
established under this section shall provide to the Office of Science
and Technology Policy, the National Science and Technology Council, or
any Federal agency the authority to disapprove a cooperative research
and development agreement or joint work statement, under section 12 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a), of another Federal agency.
SEC. 7. INCREASED FLEXIBILITY FOR FEDERAL LABORATORY PARTNERSHIP
INTERMEDIARIES.
Section 23 of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3715) is amended--
(1) in subsection (a)(1) by inserting ``, institutions of
higher education as defined in section 1201(a) of the Higher
Education Act of 1965 (20 U.S.C. 1141(a)), or educational
institutions within the meaning of section 2194 of title 10,
United States Code'' after ``small business firms''; and
(2) in subsection (c) by inserting ``, institutions of
higher education as defined in section 1201(a) of the Higher
Education Act of 1965 (20 U.S.C. 1141(a)), or educational
institutions within the meaning of section 2194 of title 10,
United States Code,'' after ``small business firms''.
SEC. 8. STUDY AND REPORT ON BIOLOGICAL DEPOSITS IN SUPPORT OF
BIOTECHNOLOGY PATENTS.
(a) In General.--Not later than 6 months after the date of the
enactment of this Act, the General Accounting Office, in consultation
with the United States Patent and Trademark Office, shall conduct a
study and submit a report to Congress on the potential risks to the
United States biotechnology industry relating to biological deposits in
support of biotechnology patents.
(b) Contents.--The study conducted under this section shall
include--
(1) an examination of the risk of export and the risk of
third-party transfer of biological deposits, and the risks
posed by the change to 18-month publication requirements;
(2) an analysis of comparative legal and regulatory
regimes; and
(3) any related recommendations.
(c) Consideration of Report.--In drafting regulations affecting
biological deposits (including any modification of 37 Code of Federal
Regulations 1.801 et seq.), the United States Patent and Trademark
Office shall consider the recommendations of the study conducted under
this section.
SEC. 9. PROVISIONAL APPLICATIONS.
(a) Abandonment.--Section 111(b)(5) of title 35, United States
Code, is amended to read as follows:
``(5) Abandonment.--Notwithstanding the absence of a claim,
upon timely request and as prescribed by the Commissioner, a
provisional application may be treated as an application filed
under subsection (a). Subject to section 119(e)(3) of this
title, if no such request is made, the provisional application
shall be regarded as abandoned 12 months after the filing date
of such application and shall not be subject to revival
thereafter.''.
(b) Technical Amendment Relating to Weekends and Holidays.--Section
119(e) of title 35, United States Code, is amended by adding at the end
the following:
``(3) If the day that is 12 months after the filing date of a
provisional application falls on a Saturday, Sunday, or Federal holiday
within the District of Columbia, the period of pendency of the
provisional application shall be extended to the next succeeding
secular or business day.''.
(c) Effective Date.--The amendments made by this section shall
apply to a provisional application filed on or after June 8, 1995.
Passed the House of Representatives October 20, 1998.
Attest:
Clerk. | Technology Transfer Commercialization Act of 1998 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 (Stevenson-Wydler Act) to revise requirements regarding enumerated authority under a cooperative research and development (R&D) agreement to permit Government laboratories to grant licenses to federally owned inventions for which a patent application was filed before the granting of the license, and directly within the scope of work under such agreement.
(Sec. 3) Rewrites Federal restrictions on the licensing of federally owned inventions. Requires a license applicant to make a commitment to achieve practical utilization of the invention within a reasonable time. Requires such a license to include provisions: (1) retaining a nontransferable, irrevocable, paid-up license for the Federal agency to practice the invention or have the invention practiced throughout the world by or on behalf of the U.S. Government; (2) requiring periodic reporting on use of the invention by the licensee only to the extent necessary to enable the Federal agency to determine whether the licensee is complying with license terms; and (3) empowering the Federal agency to terminate the license if the licensee has been found by a competent authority to have violated the Federal antitrust laws in connection with its performance under the license agreement. Prohibits an agency from granting an exclusive or partially exclusive license on a federally-owned invention unless: (1) it has provided 15 days' public notice and considered all comments received; and (2) the person requesting the license has supplied to the agency a plan for development and-or marketing of the invention. Exempts from these requirements the licensing of any inventions made under an R&D agreement.
(Sec. 4) Makes certain technical amendments to: (1) the Bayh-Dole Act with regard to Government acquisition of the rights of a private party to a federally owned invention; and (2) the Stevenson-Wydler Act relating to, among other things, the distribution of royalties received by Federal agencies.
(Sec. 6) Requires each Federal agency with a federally funded laboratory that has one or more R&D agreements under the Stevenson-Wydler Act to report to the Committee on National Security of the National Science and Technology Council (Committee) and the Congress on the general policies and procedures that agency uses to gather and consider the views of other agencies on joint work statements, or R&D agreements in the case of certain laboratories, with respect to major proposed R&D agreements that involve critical national security technology or may have a significant impact on domestic or international competitiveness.
Directs the Committee to: (1) determine the adequacy of existing procedures and methods for interagency coordination and awareness with respect to R&D agreements; and (2) establish and distribute to appropriate Federal agencies specific criteria to indicate the necessity for gathering and considering agency views on such statements or agreements, as well as additional procedures, if any, for carrying out such gathering and considering.
Amends the Stevenson-Wydler Act to provide for increased flexibility for Federal laboratory partnership intermediaries.
Directs the General Accounting Office to study and report to the Congress on the potential risks to the U.S. biotechnology industry relating to biological deposits in support of biotechnology patents. Requires the U.S. Patent and Trademark Office to consider the recommendations of such study in drafting regulations affecting biological deposits.
Revises Federal patent law to authorize, upon timely request, the treatment of a provisional application as a written application, notwithstanding the absence of a claim. Applies current statutory abandonment treatment to a provisional application 12 months after the application filing date only if such a request is not made. | Technology Transfer Commercialization Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Message Preservation
Act''.
SEC. 2. PRESERVATION OF ELECTRONIC MESSAGES.
(a) Requirement for Preservation of Electronic Messages.--
(1) In general.--Chapter 29 of title 44, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2911. Electronic messages
``(a) Regulations Required.--Not later than 18 months after the
date of the enactment of this section, the Archivist shall promulgate
regulations governing agency preservation of electronic messages that
are records. Such regulations shall, at a minimum--
``(1) require the electronic capture, management, and
preservation of such electronic records in accordance with the
records disposition requirements of chapter 33 of this title;
``(2) require that such electronic records are readily
accessible for retrieval through electronic searches;
``(3) establish mandatory minimum functional requirements
for electronic records management systems to ensure compliance
with the requirements in paragraphs (1) and (2);
``(4) establish a process to certify that Federal agencies'
electronic records management systems meet the functional
requirements established under paragraph (3); and
``(5) include timelines for agency compliance with the
regulations that ensure compliance as expeditiously as
practicable but not later than four years after the date of the
enactment of this section.
``(b) Coverage of Other Electronic Records.--To the extent
practicable, the regulations promulgated under subsection (a) shall
also include requirements for the capture, management, and preservation
of other electronic records.
``(c) Compliance by Federal Agencies.--Each Federal agency shall
comply with the regulations promulgated under subsection (a).
``(d) Review of Regulations Required.--The Archivist shall
periodically review and, as necessary, amend the regulations
promulgated under this section.
``(e) Reports on Implementation of Regulations.--
``(1) Agency report to archivist.--Not later than four
years after the date of the enactment of this section, the head
of each Federal agency shall submit to the Archivist a report
on the agency's compliance with the regulations promulgated
under this section.
``(2) Archivist report to congress.--Not later than 90 days
after receipt of all reports required by paragraph (1), the
Archivist shall submit 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
a report on Federal agency compliance with the regulations
promulgated under this section.''.
(2) Clerical amendment.--The table of sections for chapter
29 of title 44, United States Code, is amended by adding after
the item relating to section 2910 the following new item:
``2911. Electronic messages.''.
(b) Definitions.--Section 2901 of title 44, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (14);
(2) by striking the period at the end of paragraph (15) and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(16) the term `electronic messages' means electronic mail
and other electronic messaging systems that are used for
purposes of communicating between individuals; and
``(17) the term `electronic records management system'
means software designed to manage electronic records, including
by--
``(A) categorizing and locating records;
``(B) ensuring that records are retained as long as
necessary;
``(C) identifying records that are due for
disposition; and
``(D) ensuring the storage, retrieval, and
disposition of records.''.
SEC. 3. PRESIDENTIAL RECORDS.
(a) Additional Regulations Relating to Presidential Records.--
(1) In general.--Section 2206 of title 44, United States
Code, is amended--
(A) by striking ``and'' at the end of paragraph
(3);
(B) by striking the period at the end of paragraph
(4) and inserting ``; and''; and
(C) by adding at the end the following:
``(5) provisions for establishing standards necessary for
the economical and efficient management of electronic
Presidential records during the President's term of office,
including--
``(A) records management controls necessary for the
capture, management, and preservation of electronic
messages;
``(B) records management controls necessary to
ensure that electronic messages are readily accessible
for retrieval through electronic searches; and
``(C) a process to certify the electronic records
management system to be used by the President for the
purposes of complying with the requirements in
subparagraphs (A) and (B).''.
(2) Definition.--Section 2201 of title 44, United States
Code, is amended by adding at the end the following new
paragraphs:
``(5) The term `electronic messages' has the meaning
provided in section 2901(16) of this title.
``(6) The term `electronic records management system' has
the meaning provided in section 2901(17) of this title.''.
(b) Certification of President's Management of Presidential
Records.--
(1) Certification required.--Chapter 22 of title 44, United
States Code, is amended by adding at the end the following new
section:
``Sec. 2208. Certification of the President's management of
Presidential records
``(a) Annual Certification.--The Archivist shall annually certify
whether the electronic records management controls established by the
President meet requirements under sections 2203(a) and 2206(5) of this
title.
``(b) Report to Congress.--The Archivist shall report annually 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 on the status of the certification.''.
(2) Clerical amendment.--The table of sections for chapter
22 of title 44, United States Code, is amended by adding at the
end the following new item:
``2208. Certification of the President's management of Presidential
records.''.
(c) Report to Congress.--Section 2203(f) of title 44, United States
Code, is amended by adding at the end the following:
``(4) One year following the conclusion of a President's term of
office, or if a President serves consecutive terms one year following
the conclusion of the last term, the Archivist shall submit 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 a report on--
``(A) the volume and format of electronic Presidential
records deposited into that President's Presidential archival
depository; and
``(B) whether the electronic records management controls of
that President met the requirements under sections 2203(a) and
2206(5) of this title.''.
(d) Effective Date.--The amendments made by this section shall take
effect one year after the date of the enactment of this Act.
SEC. 4. PROCEDURES TO PREVENT UNAUTHORIZED REMOVAL OF CLASSIFIED
RECORDS FROM NATIONAL ARCHIVES.
(a) In General.--The Archivist of the United States shall prescribe
internal procedures to prevent the unauthorized removal of classified
records from the National Archives and Records Administration or the
destruction or damage of such records, including when such records are
accessed or searched electronically. The procedures shall apply to all
National Archives and Records Administration facilities authorized to
store classified records and include the following prohibitions:
(1) No person, other than covered personnel, shall view
classified records in any room that is not secure except in the
presence of National Archives and Records Administration
personnel or under video surveillance.
(2) No person, other than covered personnel, shall at any
time be left alone with classified records, unless that person
is under video surveillance.
(3) No person, other than covered personnel, shall conduct
any review of classified records while in the possession of any
cell phone or other personal communication device.
(4) All persons seeking access to review classified
records, as a precondition to such access, must consent to a
search of their belongings upon conclusion of their records
review.
(5) All notes and other writings prepared by persons other
than covered personnel during the course of a review of
classified records shall be retained by the National Archives
and Records Administration in a secure facility until such
notes and other writings are determined to be unclassified, are
declassified, or are securely transferred to another secure
facility.
(b) Definitions.--In this section:
(1) The term ``records'' has the meaning provided in
section 3301 of title 44, United States Code.
(2) The term ``covered personnel'' means any individual--
(A) who has an appropriate and necessary reason for
accessing classified records, as determined by the
Archivist; and
(B) who is either--
(i) an officer or employee of the Federal
Government with appropriate security
clearances; or
(ii) any personnel with appropriate
security clearances of a Federal contractor
authorized in writing to act for purposes of
this section by an officer or employee of the
Federal Government.
SEC. 5. RESTRICTIONS ON ACCESS TO PRESIDENTIAL RECORDS.
Section 2204 of title 44, United States Code (relating to
restrictions on access to presidential records) is amended by adding at
the end the following new subsection:
``(f) The Archivist shall not make available any original
presidential records to any individual claiming access to any
presidential record as a designated representative under section
2205(3) of this title if that individual has been convicted of a crime
relating to the review, retention, removal, or destruction of records
of the Archives.''.
SEC. 6. BUDGETARY EFFECTS OF PAYGO LEGISLATION FOR THIS ACT.
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 March 17, 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | Electronic Message Preservation Act - (Sec. 2) Requires the Archivist of the United States to promulgate regulations governing federal agency preservation of electronic messages that are federal records and to periodically review and amend, as necessary, such regulations. Requires such regulations to: (1) require the electronic capture, management, and preservation of such electronic records in accordance with the Federal Records Act; (2) require such records to be retrievable through electronic searches; (3) establish mandatory minimum functional requirements for electronic records management systems and a process to certify federal agency compliance with such requirements; (4) include timelines for federal agency compliance; and (5) include requirements for the capture, management, and preservation of other electronic records. Requires agency and Archivist reports on agency compliance with such regulations.
(Sec. 3) Requires the Archivist to: (1) establish standards for the management of electronic presidential records during a President's term of office, including records management controls necessary for the capture, management, and preservation of electronic messages and for ensuring that electronic messages are readily accessible for retrieval through electronic searches; (2) certify annually whether electronic records management controls established by a President meet the requirements of the Presidential Records Act; and (3) report annually to specified congressional committees on the status of such certification.
Requires the Archivist to report to Congress on: (1) the volume and format of electronic presidential records deposited into the archival depository; and (2) whether the electronic records management controls of a President meet the requirements of this Act and the Presidential Records Act.
(Sec. 4) Directs the Archivist to prescribe internal procedures to prevent the unauthorized removal of classified records from the National Archives and Records Administration (NARA) or the destruction or damage of such records, including when such records are accessed electronically. Requires such procedures to: (1) apply to all NARA facilities authorized to store classified records; (2) prohibit any person, other than covered personnel, from viewing classified records in any room that is not secure, except in the presence of NARA personnel or under video surveillance, from being left alone with classified records unless under video surveillance, or from conducting any review of classified records while in the possession of any personal communication device; (3) require all persons seeking access to classified records to consent to a search of their belongings upon conclusion of their records review; and (4) require all writings prepared by persons, other than covered personnel, during the course of a review of classified records to be retained by NARA in a secure facility until such writings are determined to be unclassified, are declassified, or are securely transferred to another secure facility.
Defines "covered personnel" to mean any individual who: (1) has an appropriate and necessary reason for accessing classified records, as determined by the Archivist; and (2) is either an officer or employee of the federal government with appropriate security clearances or a person with appropriate security clearances of a federal contractor authorized in writing to act for purposes of this section by a federal officer or employee.
(Sec. 5) Prohibits the Archivist from making available any original presidential records to anyone claiming access to any such record as a designated representative of a former President if that individual has been convicted of a crime relating to the review, retention, removal, or destruction of records of the Archives.
(Sec. 6) Requires the budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, to be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" submitted for this Act. | To amend title 44, United States Code, to require preservation of certain electronic records by Federal agencies, to require a certification and reports relating to Presidential records, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Black Hills National Cemetery
Boundary Expansion Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Cemetery.--The term ``Cemetery'' means the Black Hills
National Cemetery in Sturgis, South Dakota.
(2) Federal land.--The term ``Federal land'' means the
approximately 200 acres of Bureau of Land Management land adjacent
to the Cemetery, generally depicted as ``Proposed National Cemetery
Expansion'' on the map entitled ``Proposed Expansion of Black Hills
National Cemetery-South Dakota'' and dated June 16, 2016.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 3. TRANSFER AND WITHDRAWAL OF BUREAU OF LAND MANAGEMENT LAND FOR
CEMETERY USE.
(a) Conduct of Due Diligence Activities by the Secretary of
Veterans Affairs.--
(1) In general.--Before the transfer of administrative
jurisdiction and withdrawal of the Federal land under subsections
(b) and (c), respectively, and subject to paragraph (2), the
Secretary of Veterans Affairs shall complete any appropriate
environmental, cultural resource, and other due diligence
activities on the Federal land that would enable the Secretary of
Veterans Affairs to confirm that the Federal land is suitable for
cemetery purposes.
(2) Notice; required coordination.--The Secretary of Veterans
Affairs shall--
(A) before conducting any due diligence activities under
paragraph (1), notify the Secretary of the activities to be
conducted;
(B) as the Secretary of Veterans Affairs determines to be
necessary in the conduct of the due diligence activities under
paragraph (1), coordinate the activities with the Secretary;
and
(C) if the Secretary of Veterans Affairs determines, on
completion of the due diligence activities under paragraph (1),
that the Federal land is suitable for cemetery purposes, submit
written notice of the determination to the Secretary.
(b) Transfer of Administrative Jurisdiction.--
(1) Transfer.--
(A) In general.--On receipt by the Secretary of written
notice of a determination that the Federal land is suitable for
cemetery purposes under subsection (a)(2)(C), except as
provided in subparagraph (B), and subject to valid existing
rights, administrative jurisdiction over the Federal land is
transferred from the Secretary to the Secretary of Veterans
Affairs for use as a national cemetery in accordance with
chapter 24 of title 38, United States Code.
(B) Exclusion.--The transfer of administrative jurisdiction
over the Federal land under subparagraph (A) shall not include
the land located within 100 feet of the center of the
Centennial Trail, as generally depicted on the map entitled
``Proposed Expansion of Black Hills National Cemetery-South
Dakota'' and dated June 16, 2016.
(2) Legal descriptions.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register a notice containing a legal description of the
Federal land.
(B) Effect.--A legal description published under
subparagraph (A) shall have the same force and effect as if
included in this Act, except that the Secretary may correct any
clerical and typographical errors in the legal description.
(C) Availability.--Copies of the legal description
published under subparagraph (A) shall be available for public
inspection in the appropriate offices of--
(i) the Bureau of Land Management; and
(ii) the National Cemetery Administration.
(D) Costs.--The Secretary of Veterans Affairs shall
reimburse the Secretary for the costs incurred by the Secretary
in carrying out this paragraph, including the costs of any
surveys and other reasonable costs.
(c) Withdrawal.--On receipt by the Secretary of written notice of a
determination that the Federal land is suitable for cemetery purposes
under subsection (a)(2)(C) and subject to valid existing rights, the
Federal land--
(1) is withdrawn from all forms of appropriation under the
public land laws, including the mining laws, the mineral leasing
laws, and the geothermal leasing laws; and
(2) shall be treated as property as defined under section
102(9) of title 40, United States Code.
(d) Boundary Modification.--The boundary of the Cemetery is
modified to include the Federal land.
(e) Modification of Public Land Order.--Public Land Order 2112,
dated June 6, 1960 (25 Fed. Reg. 5243), is modified to exclude the
Federal land.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Black Hills National Cemetery Boundary Expansion Act (Sec. 3) This bill directs the Department of Veterans Affairs (VA) to: (1) complete environmental, cultural resource, and other due diligence activities on certain federal land to confirm its suitability for inclusion in the Black Hills National Cemetery, South Dakota; and (2) notify, and coordinate with, the Department of the Interior regarding such activities. After completion of such activities and upon receipt by Interior of written confirmation of suitability from the VA, the land shall: (1) be withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws, for as long as it remains under VA administrative jurisdiction; (2) be treated as property; and (3) be transferred, except for the land within 100 feet of the center of the Centennial Trail, from Interior to the VA for use as a national cemetery. Interior shall publish a notice containing the legal descriptions of such transferred land. The VA shall reimburse Interior for reasonable transfer costs, including survey costs. The cemetery's boundary is modified to include such federal land. | Black Hills National Cemetery Boundary Expansion Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nigeria Democracy Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The November 10, 1995, execution by hanging of Ken
Saro-Wiwa and eight other Ogoni environmental activists was
carried out by the Government of Nigeria after a trial that
ignored the fundamental standards of legal process, and despite
the pleas for clemency by the African and international
community, as well as the United States Administration, the
Chairman and ranking minority member of the Committee on
International Relations of the House of Representatives, and
the Chairman of the Congressional Black Caucus and the co-
chairs of the Human Rights Caucus of the House of
Representatives.
(2) The United Nations recommended in both March and April
of 1996 that the Government of Nigeria release the bodies of
the Ogoni Nine for proper burial and paid compensation to the
families of the deceased.
(3) This heinous action followed an October 1, 1995,
ambiguous statement by Nigerian military leader General Sani
Abacha, that the country would be returned to civilian
democratic rule in three years, and a lifting of the ban on
political parties while at the same time not repealing the
Treasonable Offenses Decree which allows the arrest of anyone
speaking against the government.
(4) General Abacha's announcement was pressured by the
outrage of the international community for his March 1995
arrest and conviction to long prison terms by secret trial of
some 43 persons for involvement in a so-called coup. Among
those convicted and still incarcerated are former President
General Olusegun Obasanjo, the only military leader in Nigeria
to return power to democratic civilian rule, General Shehu Musa
Yar-Adua, deputy to the President in Abaasanjo's
Administration, and later, human rights activist Beko Ransome-
Kuti.
(5) The people of Nigeria and the international community
had been led to believe that the presidential election held in
Nigeria on June 12, 1993, would result in a return to full
democratic civilian rule in Nigeria.
(6) General Ibrahim Babangida, the head of Nigeria's
military government at the time of the June 12, 1993, election
interrupted the release of the election results on June 23,
1993, and later annulled the election, thereby preventing a
return to civilian rule.
(7) The election process indicated that voters in Nigeria--
a country with a population of approximately 90,000,000 persons
comprising 250 ethnic groups and spread across 357,000 square
miles--were expressing a spirit of national unity that
transcended ethnic, religious, and regional allegiances.
(8) The reported returns suggested that Chief M.K.O. Abiola
of the Social Democratic Party was receiving a substantial
majority of the votes cast, leading the poll in 20 of the 30
States in Nigeria.
(9) The annulment of the presidential elections resulted in
various forms of civil unrest, which in turn led to the deaths
of more than 100 persons.
(10) An interim government established by General Babangida
on August 27, 1993, and headed by Ernest Shonekan, failed to
win the support of the Nigerian people.
(11) General Sani Abacha took power on November 17, 1993,
appointing an unelected Provisional Ruling Council to govern
Nigeria.
(12) Chief M.K.O. Abiola was imprisoned in solitary
confinement for over one year for pressing his claim as the
elected democratic leader of Nigeria, and still remains
incarcerated today.
(13) The political and economic conditions in Nigeria have
continued to deteriorate in the months since Abacha took
control of the country.
(14) The faith of the Nigerian people in the viability of
the nation as a unified whole must be preserved, and the
balkanization of Nigeria guarded against.
(15) The people of Nigeria have not accepted the
continuation of military rule and have courageously spoken out
in favor of the rapid return of democratic and civilian rule.
(16) On May 15, 1994, a broad coalition of Nigerian
democrats formed the National Democratic Coalition calling upon
the military government to step down in favor of the winner of
the June 12, 1993 election.
(17) The confidence of the Nigerian people and the
international community in the Provisional Ruling Council's
commitment to the restoration of democracy can only be
established by a sustained demonstration of a commitment to
human rights, due process, and the return of civilian rule.
(18) The United States would prefer to have a relationship
with Nigeria based upon cooperation and mutual support but
cannot, and will not, condone or overlook the denial of
democratic civilian rule, against the clear wishes of the
Nigerian people, by the Provisional Ruling Council or any other
body in Nigeria.
(19) The lack of support from the Nigerian authorities on
drug trafficking issues forced the United States for the last 2
years to place Nigeria on the list of countries penalized for
failure to seriously address the narcotics proliferation issue,
thus endangering vulnerable youth in our communities.
(20) Continuing credible reports of widespread corruption
and questionable business practices in the Nigerian Government
and ``scams'' in the United States, and the lack of cooperation
in addressing these problems by the Nigerian Government,
further undermines Nigeria's credibility in the international
community, and is a constant embarrassment to approximately
1,000,000 law-abiding Nigerian Americans.
(21) Nigeria's leadership role on the African continent,
especially in the area of peacekeeping, will be severely
compromised by its failure to rejoin the world community of
democratic nations.
(22) Nigeria was recently suspended from the Commonwealth,
a forum linking Britain and former colonies, and African
countries like South Africa have already called for diplomatic,
economic, and sports sanctions, since the limited sanctions
imposed by the United States Administration have had little
effect in safeguarding the lives of the people of Nigeria and
moving Nigeria toward democracy.
SEC. 3. DECLARATIONS OF POLICY.
(a) Commitment to Unity and Democracy by the Nigerian People.--The
Congress continues to support the Nigerian people in their commitment
to unity and democracy as evidenced by their participation in the June
12, 1993, presidential election in Nigeria, and in their subsequent
insistence on the return to full civilian and democratic rule.
(b) Actions Taken by the United States.--While the Congress
endorses the limited steps taken by the Administration to demonstrate
United States opposition to the annulment of the June 12, 1993,
presidential election in Nigeria, more needs to be accomplished to
encourage the restoration of fully democratic and civilian rule in
Nigeria.
(c) Sanctions to be Implemented in Coordination With International
Community.--The Congress declares that the sanctions against Nigeria
contained in this Act should be taken in concert with the international
community and the United Nations to the maximum extent possible.
(d) Increase in Democracy Building and Rule of Law Assistance.--The
Congress declares that the finite foreign assistance resources of the
United States Government provided to Nigeria should be re-prioritized
within present budget levels in order that more funds can be expended
for democracy building and the promotion of the rule of law through
nongovernmental organizations in Nigeria.
SEC. 4. SANCTIONS AGAINST THE GOVERNMENT OF NIGERIA.
(a) United States Measures To Promote Democracy and Human Rights.--
(1) No assistance.--
(A) In general.--Except as provided in subparagraph
(B), no assistance may be made available under the
Foreign Assistance Act of 1961 or the Arms Export
Control Act to the Government of Nigeria.
(B) Exceptions.--The prohibition in subparagraph
(A) shall not apply to assistance for democracy
building and the promotion of the rule of law through
nongovernmental organizations.
(2) International financial institutions.--The President
shall instruct the United States Executive Director of each
international financial institution to vote against any loan or
other utilization of the funds of the respective institution to
or from Nigeria.
(3) Air transportation.--Air transportation with Nigeria
shall be prohibited in accordance with subsection (b).
(4) Defense articles and services.--No defense article or
defense service may be sold or financed with respect to
Nigeria, and no license to export to Nigeria a defense article
or service may be issued.
(5) Exclusion of nigerians from admission to the united
states.--Except as required by United States treaty
obligations, any Nigerian national who formulates, implements,
or benefits from policies which hinder Nigeria's transition to
democracy and members of their immediate families shall be
ineligible to receive a visa and shall be excluded from
admission into the United States.
(6) Eximbank, opic, and tda.--No funds available to the
Export-Import Bank of the United States, the Overseas Private
Investment Corporation, or the Trade and Development Agency may
be used with respect to Nigeria.
(7) Prohibition of new investment.--
(A) In general.--No national of the United States
may, directly or through another person, make any new
investment in Nigeria, including new investments in the
energy sector.
(B) Effective date.--The prohibition contained in
subparagraph (A) shall take effect 45 days after the
date of enactment of this Act.
(8) Assets freeze.--The President, acting through the
Secretary of the Treasury, shall exercise the authority of the
International Emergency Economic Powers Act to block the assets
of any Nigerian national who formulates, implements, or
benefits from policies which hinder Nigeria's transition to
democracy and members of their immediate families.
(b) Prohibition of Air Transportation With Nigeria.--
(1) Prohibition on nigerian air carrier.--
(A) In general.--Not later than 10 days after the
date of the enactment of this Act, the President shall
direct the Secretary of Transportation to revoke the
right of any air carrier designated by the Government
of Nigeria under any air transport agreement between
the United States and Nigeria to service the routes
provided in the agreement.
(B) Notification.--The President shall immediately
notify the Government of Nigeria of his intention to
suspend, in accordance with subparagraph (A), the
rights of any air carrier designated by the Government
of Nigeria under any such air transport agreement.
(2) Prohibition on united states air carrier.--Not later
than 10 days after the date of the enactment of this Act, the
President shall direct the Secretary of Transportation not to
permit or otherwise designate any United States air carrier to
provide service between the United States and Nigeria pursuant
to any air transport agreement between the United States and
Nigeria.
(3) Termination of air transport agreements.--
(A) In general.--Not later than 10 days after the
date of the enactment of this Act, the Secretary of
State shall terminate any air transport agreement
between the Government of the United States and the
Government of Nigeria in accordance with the provisions
of that agreement.
(B) Prohibition on nigerian aircraft.--Upon
termination of such agreement, the Secretary of
Transportation shall prohibit any aircraft of a foreign
air carrier owned, directly or indirectly, by the
Government of Nigeria or by Nigerian nationals from
engaging in air transportation with respect to the
United States.
(C) Prohibition on united states aircraft.--The
Secretary of Transportation shall prohibit the takeoff
and landing in Nigeria of any aircraft by an air
carrier owned, directly or indirectly, or controlled by
a national of the United States or by any corporation
or other entity organized under the laws of the United
States or of any State.
(4) Waivers.--The President may waive the prohibitions
contained in paragraph (1), (2), or (3) if the President
determines and certifies to the Congress that the air
transportation prohibited under either such paragraph is
important to the national interest of the United States,
including emergencies in which the safety of an aircraft or its
crew or passengers is threatened.
(5) Definitions.--For the purposes of this subsection, the
terms ``aircraft'', ``air transportation'', and ``foreign air
carrier'' have the meanings given those terms in section 101 of
the Federal Aviation Act of 1958 (49 U.S.C. 1301).
(c) Multilateral Measures To Promote Democracy and Human Rights.--
The President shall instruct the United States Permanent Representative
to the United Nations to actively pursue the passage of any resolution
by the United Nations Security Council that enhances the cooperation of
other nations in the application of the spirit and intent of the
sanctions contained in this section.
(d) Waiver of Sanctions.--The President may waive any of the
sanctions contained in this section if the President determines and
certifies to the Congress that such a waiver is important to the
national interest of the United States.
SEC. 5. SENSE OF THE CONGRESS.
It is the sense of the Congress that--
(1) the United States should follow the precedent of the
Federation of International Football Associations which
withdrew its invitation for Nigeria to host the World Youth
Soccer Championships in 1995 by excluding Nigerian sporting
teams from participating in any sporting event in the United
States; and
(2) the President should work with the Government of
Australia prior to the opening of the 2000 Olympic Games to be
held in Sydney, Australia, to determine the appropriateness of
issuing visas for Nigerian participants in those Olympic Games
based upon the progress made by Nigeria toward democracy.
SEC. 6. REPORT.
Not later than 3 months after the date of the enactment of this
Act, and every 6 months thereafter, the President shall prepare and
transmit to the Congress a report on the extent to which Nigeria has
made progress toward democracy, civilian rule, and respect for
internationally recognized human rights.
SEC. 7. DEFINITIONS.
As used in this Act:
(1) International financial institution.--The term
``international financial institutions'' includes the
International Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Mutual Investment Guarantee Agency,
the African Development Bank, the African Development Fund, and
the International Monetary Fund.
(2) National of the united states.--The term ``national of
the United States'' means--
(A) a natural person who is a citizen of the United
States or is an alien lawfully admitted for permanent
residence in the United States, as defined by section
101(a)(20) of the Immigration and Nationality Act; or
(B) a corporation, partnership, or other business
association which is organized under the law of the
United States, any State or territory thereof, or the
District of Columbia.
(3) New investment.--The term ``new investment''--
(A) means--
(i) a commitment or contribution of funds
or other assets, and
(ii) a loan or other extension of credit,
and
(B) does not include--
(i) the reinvestment of profits generated
by a controlled Nigerian entity into that same
controlled Nigerian entity or the investment of
such profits in a Nigerian entity; and
(ii) contributions of money or other assets
where such contributions are necessary to
enable a controlled Nigerian entity to operate
in an economically sound manner, without
expanding its operations.
(4) Nigerian entity.--The term ``Nigerian entity'' means--
(A) a corporation, partnership, or other business
association or entity organized in Nigeria; or
(B) a branch, office, agency, or sole
proprietorship in Nigeria of a person that resides or
is organized outside Nigeria. | Nigeria Democracy Act - Imposes certain economic sanctions on Nigeria to promote democracy and human rights there.
Requires the President to direct the Secretary of Transportation to revoke the right of Nigerian air carriers to service, and prohibit U.S. air carriers from servicing, routes between the United States and such country.
Authorizes waiver of such sanctions if the President certifies to the Congress that such waiver is important to the national interest.
Expresses the sense of the Congress that: (1) the United States should exclude Nigerian sporting teams from participating in any sporting event in the United States; and (2) the President should work with the Government of Australia before the 2000 Olympic Games to be held in Sydney to determine the appropriateness of issuing visas for Nigerian participants in such Games.
Directs the President to report periodically to the Congress on the extent to which Nigeria has made progress toward democracy, civilian rule, and respect for internationally-recognized human rights. | Nigeria Democracy Act |
SECTION 1. SHORT TITLE, FINDINGS.
(a) Short Title.--This Act may be cited as the ``SMART Research and
Development Compact''.
(b) Findings.--The Congress makes the following findings:
(1) The shared borders, similar economic, environmental,
and socioeconomic traits as well as the common historical
attributes between the residents of Delaware, Maryland, New
Jersey, and Pennsylvania, bind the 4 States into a common Mid-
Atlantic region.
(2) This region presents a rich framework of approximately
618 colleges and universities, including approximately 38
leading engineering colleges with a variety of technical
expertise and ingenious research and development programs
within every field of science and technology.
(3) This region contains a variety of federally owned and
generated laboratories or organizations assigned with the task
of performing needed research and development in most of our
Nation's technical areas, highlighted by defense,
transportation, health, energy, and communications.
(4) This region possesses a great wealth of private
manufacturers, laboratories, and nonprofit organizations in
each of the scientific and technological pursuits, such as
homeland security, defense, aerospace, manufacturing,
information systems, materials, chemicals, medical
applications, and pharmaceuticals.
(5) Increased cooperation between the above-mentioned
institutions and the 4 State governments may effectively
enhance the region's contribution to the United States in all
fields of science and technology and promote academic, private
and public research and development, technical enterprise, and
intellectual vitality.
(6) An organization assigned with the task of linking
various institutions across different jurisdictions and
promoting working partnerships may further assist the United
States by providing a model for the rest of the Nation for the
effective use of limited national, State, and local funding
resources.
SEC. 2. CONSENT TO COMPACT.
The Congress consents to the SMART Research and Development Compact
if that compact is entered into by two or more of the following States:
The State of Delaware, the State of Maryland, the State of New Jersey,
and the Commonwealth of Pennsylvania. The compact reads substantially
as follows:
``SMART RESEARCH AND DEVELOPMENT COMPACT
``ARTICLE I.
``The purpose of this compact is to promote the contribution of the
Mid-Atlantic region to the Nation's research and development in science
and technology, and to create a multi-State organization that shall be
known as the SMART (Strengthening the Mid-Atlantic Region for Tomorrow)
Organization (hereinafter in this compact referred to as the
`Organization'). The purpose of the Organization is to oversee and help
facilitate the acquisition of research and development funding, and to
enhance the cooperation, formation of partnerships, and sharing of
information among businesses, academic institutions, Federal and State
governmental agencies, laboratories, federally owned and operated
laboratories, and nonprofit entities, within Delaware, Maryland, New
Jersey, and Pennsylvania.
``ARTICLE II.
``This compact takes effect upon ratification by two or more of the
following States: The State of Delaware, the State of Maryland, the
State of New Jersey, and the Commonwealth of Pennsylvania, pursuant to
the consent of Congress.
``ARTICLE III.
``The States, which are parties to this compact (hereinafter
referred to as `party States'), do hereby establish and create the
Organization as a joint organization which shall be known as the SMART
Organization.
``The leadership of the Organization shall consist of a Board of
Directors that shall include a representative from each party State,
appointed as provided by the law of that State, and representatives
from each technology class described in Article IV from the party
States. Board Members may include any business, academic institution,
nonprofit agency, Federal or State governmental agency, laboratory, and
federally owned and operated laboratory within the party States.
``The leadership of the Organization shall oversee and direct the
projects, administration, and policies of the Organization. The Board
of Directors may create and utilize the services of technology-
designated Working Groups to identify goals and sources of funding,
establish research and development projects, detect new technology
advances for the region to pursue, and facilitate cooperation among
regional entities. The Board of Directors and Working Groups in the
Organization shall serve without compensation and shall hold regular
quarterly meetings and such special meetings as their business may
require.
``The Organization shall adopt bylaws and any other such rules or
procedures as may be needed. The Organization may hold hearings and
conduct studies and surveys to carry out its purpose. The Organization
may acquire by gift or otherwise and hold and dispose of such money and
property as may be provided for the proper performance of its
functions, may cooperate with other public or private groups, whether
local, State, regional, or national, having an interest in economic or
technology development, and may exercise such other powers as may be
appropriate to accomplish its functions and duties in connection with
the development of the Organization and to carry out the purpose of
this compact.
``ARTICLE IV.
``Not including State Representatives, the Organization Board of
Directors and Technology Working Groups may represent and originate
from the following technology classes: information technology, sensors,
rotorcraft technology, manufacturing technology, fire/EMS, financial
technology, alternative fuels, nanotechnology, electronics,
environmental, telecommunications, chemical and biological, biomedical,
opto-electric, Materials/Aerospace, and defense systems including
directed energy, missile defense, future combat systems, and unmanned
aerial vehicles. The SMART Organization may at any time, upon approval
by the Board of Directors, designate and assign new technology classes
and may at any time remove an existing class from this Article and the
Organization's activities.
``ARTICLE V.
``The Board of Directors shall appoint a full-time paid executive
director, who shall be a person familiar with the nature of the
procedures and the significance of scientific funding, research and
development, economic development, and the informational, educational,
and publicity methods of stimulating general interest in such
developments. The duties of the executive director are to carry out the
goals and directives of the Board of Directors and administer the
actions of each Working Group as chairman. The executive director may
hire a staff and shall be the administrative head of the Organization,
whose term of office shall be at the pleasure of the Board of
Directors.
``ARTICLE VI.
``This compact shall continue in force and remain binding upon each
party State until 6 months after the party State gives notice of its
intent to withdraw to the other party States.''.
SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL.
The Congress expressly reserves the right to alter, amend, or
repeal this Act. | SMART Research and Development Compact - Grants the consent of the Congress to the SMART (Strengthening the Mid-Atlantic Region for Tomorrow) Research and Development Compact if such compact is entered into by at least two of the following states: Delaware, Maryland, New Jersey, and Pennsylvania. | To grant the consent of the Congress to the SMART Research and Development Compact. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia National
Disaster Insurance Protection Act''.
SEC. 2. DISTRICT OF COLUMBIA NATURAL DISASTER PROTECTION FUNDS.
(a) Contributions to Natural Disaster Protection Funds.--Subsection
(c) of section 832 of the Internal Revenue Code of 1986 (relating to
the taxable income of insurance companies other than life insurance
companies) is amended by striking ``and'' at the end of paragraph (12),
by striking the period at the end of paragraph (13) and inserting ``;
and'', and by adding at the end the following new paragraph:
``(14) the qualified contributions during the taxable year
to a natural disaster protection fund.''
(b) Natural Disaster Protection Fund Gross Income.--Subsection (b)
of section 832 of such Code is amended by adding at the end the
following new paragraph:
``(9) Special rule for assets held in natural disaster
protection fund.--For purposes of determining gross income
under this subsection, any items of income, gain, loss, or
deduction derived from or attributable to any assets held in a
natural disaster protection fund shall not be taken into
account.''
(c) Distributions From Natural Disaster Protection Funds.--
Paragraph (1) of section 832(b) of such Code is amended by striking
``and'' at the end of subparagraph (D), by striking the period at the
end of subparagraph (E) and inserting ``, and'', and by adding at the
end the following new subparagraph:
``(F) the aggregate amount of all distributions
during the taxable year from a natural disaster
protection fund, except that a distribution made to
return to the qualified insurance company any
contribution that is not a qualified contribution for a
taxable year shall not be included in gross income if
such distribution is made prior to the filing by the
qualified insurance company of its tax return for such
taxable year.''
(d) Definitions and Other Rules Relating to Natural Disaster
Protection Funds.--Section 832 of such Code is amended by adding at the
end the following new subsection:
``(h) Definitions and Other Rules Relating to Natural Disaster
Protection Funds.--For purposes of this section--
``(1) Natural disaster protection fund.--The term `natural
disaster protection fund' (hereafter in this subsection
referred to as the `fund') means any money, securities, or
other property held by a qualified insurance company that is
identified and maintained in a segregated account--
``(A) which is designated as a `natural disaster
protection fund' and held in a bank or bank branch
located in the District of Columbia that is licensed
and regulated by the Comptroller of the Currency or the
District of Columbia Commissioner of Insurance,
Securities, and Banking,
``(B) under the terms of which--
``(i) the assets in the fund are required
to be invested in a manner consistent with the
investment requirements applicable to all
insurance companies under the laws of the
District of Columbia,
``(ii) an excess balance drawdown amount is
required to be distributed to the qualified
insurance company no later than the close of
the taxable year following the taxable year
with respect to which such amount is
determined, and
``(iii) no portion of the assets of the
fund may be paid or distributed from the fund
except for a qualified distribution.
``(2) Qualified insurance company.--The term `qualified
insurance company' means an insurer or reinsurer that--
``(A) is incorporated and domiciled in the District
of Columbia,
``(B) is subject to supervision by the District of
Columbia Commissioner of Insurance, Securities, and
Banking,
``(C) maintains an office in the District of
Columbia that employs no fewer than 10 full-time
equivalent employees, of whom no fewer than 5 are
residents of the District of Columbia,
``(D) is subject to any premium taxes and any other
taxes and fees imposed by the District of Columbia on
all domestic insurance companies, and
``(E) is subject to such additional tax as may be
imposed by the District of Columbia--
``(i) on premiums charged for natural
catastrophic risk coverage written through the
fund, and
``(ii) at such rate--
``(I) as may be established by the
District of Columbia, and
``(II) as does not exceed the rate
of Federal excise tax imposed by
section 4371(3) on a premium paid on a
contract of reinsurance issued by any
foreign insurer or reinsurer.
``(3) Qualified contribution.--The term `qualified
contribution' means a contribution to a fund established by a
qualified insurance company of not more than the total of net
premiums or other payments received during a taxable year for
coverage of qualified losses, but only to the extent such
contribution, when added to all previous contributions to the
fund (including net investment earnings of the fund) and after
subtracting all qualified distributions from the fund, does not
exceed the amount reasonably at risk for the payment of
qualified losses insured through the fund, less reinsurance on
those risks, as determined actuarially on a multi-year basis.
``(4) Qualified distribution.--The term `qualified
distribution' means any amount paid or distributed for--
``(A) any payment of a qualified loss pursuant to
an insurance contract or contract of reinsurance issued
by the qualified insurance company,
``(B) any payment made to reinsure or otherwise
spread the risk of catastrophe loss written by the
qualified insurance company,
``(C) any excess balance drawdown amount,
``(D) any administrative expenses directly related
to the maintenance and investment of the fund, and
``(E) any claims investigation and adjustments
relating to a qualified loss.
``(5) Qualified loss.--The term `qualified loss' means an
insured loss on a United States risk that satisfies
subparagraphs (A) and (B).
``(A) Event.--An insured loss satisfies this
subparagraph if the loss is attributable to one or more
of the following events:
``(i) Wind (including hurricanes and
tornados).
``(ii) Earthquake (including any fire
following).
``(iii) Flood.
``(iv) Tsunami or tidal wave.
``(v) Volcanic eruption.
``(vi) Fire.
``(vii) Hail.
``(viii) Snow, ice, freezing, or other
winter catastrophes.
``(ix) Pandemic or other public health
catastrophe.
``(B) Catastrophe designation or minimum aggregate
insured loss.--An insured loss, with respect to an
event described in subparagraph (A), satisfies this
subparagraph if at least one of the following occurs:
``(i) Total insured losses from the event,
or from more than one event happening
simultaneously or immediately following,
exceeds $1,000,000,000 on an industry-wide
basis.
``(ii) The President of the United States
declares a disaster or state of emergency
because of the event.
``(iii) The Governor or chief executive of
a State, possession or territory of the United
States, or of the District of Columbia,
declares a disaster or state of emergency
because of such event.
``(iv) The Property Claims Services unit of
Insurance Services Office, Inc., declares a
catastrophic industry-wide loss because of one
or more events.
``(6) Excess balance drawdown amount.--The term `excess
balance drawdown amount' means the excess (if any) of--
``(A) the amount of the fund balance as of the end
of the taxable year, over
``(B) the total amount of exposure of the fund to
qualified losses at the end of the taxable year under
contracts issued by the qualified insurance company, as
determined actuarially on a multi-year basis.
``(7) United states risk.--The term `United States risk'
means any hazard, risk, loss, or liability attributable to
property situated, or an activity conducted, in the United
States, or its territories or possessions.
``(8) Exclusion of premiums and losses on certain puerto
rican risks.--Notwithstanding any other provision of this
subsection, premiums and losses with respect to risks covered
by a catastrophe reserve established under the laws or
regulations of the Commonwealth of Puerto Rico shall not be
taken into account under this subsection in determining the
amount of the qualified contributions allowed or the amount of
qualified losses.
``(9) Contributions in kind.--A transfer of property other
than money to a fund shall be treated as a sale or exchange of
such property for an amount equal to its fair market value as
of the date of transfer, and appropriate adjustment shall be
made to the basis of such property. Section 267 shall apply to
any loss realized upon such a transfer.
``(10) Distributions in kind.--A distribution of property
other than money from a fund to a qualified insurance company
shall be treated as a sale or exchange of such property, and
any gain or loss realized on such sale or exchange shall be
excluded from the gross income of the qualified insurance
company.
``(11) Regulations.--The Secretary shall prescribe
regulations as may be necessary or appropriate to carry out the
purposes of this subsection.''
(e) Additional Tax on Certain Distributions From a Natural Disaster
Protection Fund.--Subsection (d) of section 831 of such Code (relating
to the tax on insurance companies other than life insurance companies)
is amended by redesignating subsection (d) as subsection (e) and
inserting after subsection (c) the following new subsection:
``(d) Tax on Nonqualified Distributions.--
``(1) In general.--In the case of a qualified insurance
company, the tax imposed by this section for the current year
shall be increased by an amount equal to 20 percent of the
aggregate amount of nonqualified distributions made by such
company during such year from a natural disaster protection
fund.
``(2) Definitions.--
``(A) Nonqualified distributions.--The term
`nonqualified distributions' means any distribution
from a natural disaster protection fund other than a
qualified distribution (as defined in section
832(h)(4)).
``(B) Other definitions.--The terms `qualified
insurance company' and `natural disaster protection
fund' shall have the meanings ascribed to such terms in
section 832(h).''
(f) Effective Date.--The amendments made by this bill shall apply
to taxable years beginning after December 31, 2011. | District of Columbia National Disaster Insurance Protection Act - Amends the Internal Revenue Code to provide for the creation and tax treatment of a tax-exempt natural disaster protection fund held by an insurance company that: (1) is incorporated and domiciled in the District of Columbia; (2) is subject to supervision by the District of Columbia Commissioner of Insurance, Securities, and Banking; (3) maintains an office in the District of Columbia that employs no fewer than 10 full-time employees, at least 5 of whom are District of Columbia residents; (4) is subject to any premium taxes and other taxes and fees imposed by the District of Columbia on all domestic insurance companies; and (5) is subject to an additional tax imposed by the District of Columbia on premiums charged for natural catastrophic risk coverage at a rate that does not exceed the rate of federal excise tax on a premium paid on a contract of reinsurance issued by any foreign insurer or reinsurer.
Allows distributions from such a fund to cover losses attributable to wind (including hurricanes and tornadoes), earthquakes, floods, tsunami or tidal wave, volcanic eruption, fire, hail, snow, ice freezing, or other winter catastrophes, or a pandemic or other public health catastrophe.
Sets forth tax rules for contributions to and distributions from such a fund. | To amend the Internal Revenue Code of 1986 to provide for the creation of disaster protection funds in the District of Columbia by property and casualty insurance companies for the payment of policyholders' claims arising from natural catastrophic events. |
SECTION 1. NONRECOGNITION OF GAIN ON QUALIFIED SALES OF
TELECOMMUNICATIONS BUSINESSES.
(a) In General.--Subchapter O of chapter 1 of the Internal Revenue
Code of 1986 (relating to gain or loss on disposition of property) is
amended by inserting after part IV the following new part:
``PART V--CERTAIN SALES OF TELECOMMUNICATIONS BUSINESSES
``Sec. 1071. Nonrecognition of gain on certain sales of
telecommunications businesses.
``SEC. 1071. NONRECOGNITION OF GAIN ON CERTAIN SALES OF
TELECOMMUNICATIONS BUSINESSES.
``(a) In General.--In the case of any qualified telecommunications
sale, at the election of the taxpayer, such sale shall be treated as an
involuntary conversion of property within the meaning of section 1033.
``(b) Limitation on Amount of Gain on Which Tax May Be Deferred.--
The amount of gain on any qualified telecommunications sale which is
not recognized by reason of this section shall not exceed $50,000,000.
``(c) Qualified Telecommunications Sale.--For purposes of this
section, the term `qualified telecommunications sale' means any sale to
a qualified business of--
``(1) the assets of a telecommunications business, or
``(2) stock in a corporation if, immediately after such
sale--
``(A) the qualified business controls (within the
meaning of section 368(c)) such corporation, and
``(B) substantially all of the assets of such
corporation are assets of 1 or more telecommunications
businesses.
``(d) Qualified Business.--For purposes of this section--
``(1) In general.--The term `qualified business' means--
``(A) in the case of a telecommunications sale
which includes the sale of any interest in a broadcast
station (as defined in section 3(5) of the
Communications Act of 1934), any person if--
``(i) such person owns, directly or
indirectly, a qualified interest in 10 or fewer
broadcast stations (as so defined), and
``(ii) the fair market value of the
aggregate interests of such person in broadcast
stations (as so defined) is equal to or greater
than 50 percent of the net assets of such
entity, and
``(B) in the case of any other telecommunications
sale--
``(i) any individual, and
``(ii) any partnership or corporation if--
``(I) the net assets of such entity
do not exceed $30,000,000, and
``(II) the average after-tax income
of such entity for the preceding 2
taxable years does not exceed
$10,000,000.
``(2) Qualified interest in broadcast stations.--An
interest in a broadcast station shall be treated as qualified
if such interest represents 50 percent or more of the total
assets of the station.
``(3) Each business limited to 3 purchases.--A person shall
not be a qualified business with respect to a qualified
telecommunications sale if such person (or any predecessor) was
the purchaser in more than 2 prior qualified telecommunications
sales for which an election under this section was made by the
seller.
``(4) Special rules for qualified business determination.--
For purposes of paragraph (1)--
``(A) Net assets.--The term `net assets' means the
excess of the aggregate gross assets (as defined in
section 1202(d)(2)) of the entity over the indebtedness
of such entity.
``(B) After-tax income.--The term `after-tax
income' means taxable income reduced by the net income
tax for the taxable year. For purposes of the preceding
sentence, the term `net income tax' means the tax
imposed by this chapter reduced by the sum of the
credits allowable under part IV of subchapter A of this
chapter. Rules similar to the rules of subparagraphs
(A), (B), and (D) of section 448(c)(3) shall apply in
determining average after-tax income.
``(5) Aggregation rules.--For purposes of this subsection,
all persons treated as a single employer under subsection (a)
or (b) of section 52 or subsection (m) or (o) of section 414
shall be treated as one person.
``(e) Telecommunications Business.--The term `telecommunications
business' means any business providing communication services by wire,
cable, radio, satellite, or other technology if the providing of such
services is governed by the Communications Act of 1934 or the
Telecommunications Act of 1996.
``(f) Special Rules.--
``(1) In general.--In applying section 1033 for purposes of
subsection (a) of this section, stock of a corporation
operating a telecommunications business, whether or not
representing control of such corporation, shall be treated as
property similar or related in service or use to the property
sold in the qualified telecommunications sale.
``(2) Election to reduce basis rather than recognize
remainder of gain.--If--
``(A) a taxpayer elects the treatment under
subsection (a) with respect to any qualified
telecommunications sale, and
``(B) an amount of gain would (but for this
paragraph) be recognized on such sale other than by
reason of subsection (b),
then the amount of such gain shall not be recognized to the
extent that the taxpayer elects to reduce the basis of
depreciable property (as defined in section 1017(b)(3)) held by
the taxpayer immediately after the sale or acquired in the same
taxable year. The manner and amount of such reduction shall be
determined under regulations prescribed by the Secretary.
``(3) Basis.--For basis of property acquired on a sale or
exchange treated as an involuntary conversion under subsection
(a), see section 1033(b).
``(g) Recapture of Tax Benefit if Telecommunications Business
Resold Within 5 Years, etc.--
``(1) In general.--If, within 5 years after the date of any
qualified telecommunications sale, there is a recapture event
with respect to the property involved in such sale, then the
purchaser's tax imposed by this chapter for the taxable year in
which such event occurs shall be increased by 20 percent of the
lesser of the consideration furnished by the purchaser in such
sale or the dollar limitation of subsection (b).
``(2) Exception for reinvested amounts.--Paragraph (1)
shall not apply to any recapture event which is a sale if--
``(A) the sale is a qualified telecommunications
sale, or
``(B) during the 60-day period beginning on the
date of such sale, the taxpayer is the purchaser in
another qualified telecommunications sale in which the
consideration furnished by the taxpayer is not less
than the amount realized on the recapture event sale.
``(3) Recapture event.--For purposes of this subsection,
the term `recapture event' means, with respect to any qualified
telecommunications sale--
``(A) any sale or other disposition of the assets
or stock referred to in subsection (c) which were
acquired by the taxpayer in such sale, and
``(B) in the case of a qualified telecommunications
sale described in subsection (c)(2)--
``(i) any sale or other disposition of a
telecommunications business by the corporation
referred to in such subsection, or
``(ii) any other transaction which results
in the qualified business not having control
(as defined in subsection (c)(2)(A)) of such
corporation.
Such term shall not include any sale or other disposition
resulting from the default, or imminent default, of any
indebtedness of the taxpayer.''.
(b) Clerical Amendment.--The table of parts for subchapter O of
chapter 1 of such Code is amended by inserting after the item relating
to part IV the following new item:
``Part V. Certain Sales of Telecommunications Businesses.''.
(c) Effective Date.--The amendments made by this section shall
apply to sales in taxable years beginning after the date of the
enactment of this Act.
SEC. 2. LOAN GUARANTEE PROGRAM TO ENCOURAGE DIVERSITY OF OWNERSHIP OF
TELECOMMUNICATIONS BUSINESSES.
(a) In General.--The Administrator of the Small Business
Administration may guarantee any loan made to a qualified business for
the purchase of assets or stock described in section 1071(c) of the
Internal Revenue Code of 1986 (relating to qualified telecommunications
sale).
(b) Limitations.--
(1) Security.--The Administrator shall not guarantee any
loan under subsection (a) unless the guaranteed portion of such
loan is secured by a first lien position or first mortgage on
the stock or assets financed by the loan.
(2) Guarantee percentage.--The amount of any loan
guaranteed by the Administrator under subsection (a) shall not
exceed 95 percent of the balance of the financing outstanding
at the time of disbursement of the loan.
(3) Fees.--With respect to each loan guaranteed under
subsection (a) (other than a loan that is repayable in 1 year
or less), the Administrator may collect a guarantee fee, which
shall be payable by the participating lender, and may be
charged to the borrower.
(4) Forfeiture of fcc license.--The Administrator shall not
guarantee any loan under subsection (a) unless such loan
provides that any license issued by the Federal Communications
Commission to the borrower shall be returned and forfeited by
the borrower to the Federal Communications Commission
immediately upon a finding by the Administrator that such
borrower is in default under such loan.
(c) General Authority.--For purposes of carrying out this section,
the Administrator may--
(1) enter into contracts with private and Federal entities
for professional and other services;
(2) enter into memorandums of understanding with other
Federal agencies; and
(3) issue regulations, including regulations regarding--
(A) notice of and opportunity to cure a default;
(B) procedures related to foreclosure; and
(C) such other matters as the Administrator
considers appropriate.
(d) Definitions.--For purposes of this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration.
(2) Qualified business.--The term ``qualified business''
has the meaning given such term in section 1071(d) of the
Internal Revenue Code of 1986.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out the purposes of
this section. | Amends the Internal Revenue Code to allow a taxpayer election to defer from tax up to $50 million of the gain from the sale of the assets or stock of a telecommunications business to certain small businesses that own 10 or fewer broadcast stations. Limits to three the number of such purchases by any qualifying small business. Requires the recapture of such deferred gain for any telecommunications business resold within five years.
Authorizes the Administrator of the Small Business Administration to guarantee loans made to small businesses for the purchase of a telecommunications business. | To amend the Internal Revenue Code of 1986 to provide tax incentives to encourage diversity of ownership of telecommunications businesses, and for other purposes. |
SECTION 1. ESTABLISHMENT OF A TICK-BORNE DISEASES ADVISORY COMMITTEE.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Health and Human Services
(referred to in this Act as the ``Secretary'') shall establish within
the Office of the Secretary an advisory committee to be known as the
Tick-Borne Diseases Advisory Committee (referred to in this section as
the ``Committee'').
(b) Duties.--The Committee shall advise the Secretary and the
Assistant Secretary for Health regarding the manner in which such
officials can--
(1) ensure interagency coordination and communication and
minimize overlap regarding efforts to address tick-borne
diseases;
(2) identify opportunities to coordinate efforts with other
Federal agencies and private organizations addressing such
diseases;
(3) ensure interagency coordination and communication with
constituency groups;
(4) ensure that a broad spectrum of scientific viewpoints
is represented in public health policy decisions and that
information disseminated to the public and physicians is
balanced; and
(5) advise relevant Federal agencies on priorities related
to the Lyme and tick-borne diseases.
(c) Membership.--
(1) Appointed members.--
(A) In general.--The Secretary shall appoint the
voting members of the Committee from among individuals
who are not officers or employees of the Federal
Government.
(B) Groups.--The voting members of the Committee
shall include the following:
(i) At least 4 members from the scientific
community representing the broad spectrum of
viewpoints held within the scientific community
related to Lyme and other tick-borne diseases.
(ii) At least 2 representatives of tick-
borne disease voluntary organizations.
(iii) At least 2 health care providers,
including at least 1 full-time practicing
physician, with relevant experience providing
care for individuals with a broad range of
acute and chronic tick-borne diseases.
(iv) At least 2 patient representatives who
are individuals who have been diagnosed with a
tick-borne disease or who have had an immediate
family member diagnosed with such a disease.
(v) At least 2 representatives of State and
local health departments and national
organizations that represent State and local
health professionals.
(C) Diversity.--In appointing members under this
paragraph, the Secretary shall ensure that such
members, as a group, represent a diversity of
scientific perspectives relevant to the duties of the
Committee.
(2) Ex officio members.--The Secretary shall designate, as
nonvoting, ex officio members of the Committee, representatives
overseeing tick-borne disease activities from each of the
following Federal agencies:
(A) The Centers for Disease Control and Prevention.
(B) The National Institutes of Health.
(C) The Agency for Healthcare Research and Quality.
(D) The Food and Drug Administration.
(E) The Office of the Assistant Secretary for
Health.
(F) Such additional Federal agencies as the
Secretary determines to be appropriate.
(3) Co-chairpersons.--The Secretary shall designate the
Assistant Secretary for Health as the co-chairperson of the
Committee. The appointed members of the Committee shall also
elect a public co-chairperson. The public co-chairperson shall
serve a 2-year term.
(4) Term of appointment.--The term of service for each
member of the Committee appointed under paragraph (1) shall be
4 years.
(5) Vacancy.--A vacancy in the membership of the Committee
shall be filled in the same manner as the original appointment.
Any member appointed to fill a vacancy for an unexpired term
shall be appointed for the remainder of that term. Members may
serve after the expiration of their terms until their
successors have taken office.
(d) Meetings.--The Committee shall hold public meetings, except as
otherwise determined by the Secretary, after providing notice to the
public of such meetings, and shall meet at least twice a year with
additional meetings subject to the call of the co-chairpersons. Agenda
items with respect to such meetings may be added at the request of the
members of the Committee, including the co-chairpersons. Meetings shall
be conducted, and records of the proceedings shall be maintained, as
required by applicable law and by regulations of the Secretary.
(e) Report.--Not later than 1 year after the date of the enactment
of this Act, and annually thereafter, the Committee, through the
Director of the Centers for Disease Control and Prevention and the
Director of the National Institutes of Health, shall submit a report to
the Secretary. Each such report shall contain, at a minimum--
(1) a description of the Committee's functions;
(2) a list of the Committee's members and their
affiliations; and
(3) a summary of the Committee's activities and
recommendations during the previous year, including any
significant issues regarding the functioning of the Committee.
(f) Authorization of Appropriations.--Of the amounts made available
to the Department of Health and Human Services for general departmental
management for fiscal years 2012 through 2016, there is authorized to
be appropriated $250,000 for each of such fiscal years to carry out
this Act. Amounts made available to carry out this Act shall be used
for the expenses and per diem costs incurred by the Committee under
this section in accordance with the Federal Advisory Committee Act,
except that no voting member of the Committee shall be a permanent
salaried employee. | Requires the Secretary of Health and Human Services (HHS) to establish the Tick-Borne Diseases Advisory Committee to advise the Secretary and the Assistant Secretary for Health regarding the manner in which they can: (1) ensure interagency coordination and communication and minimize overlap regarding efforts to address tick-borne diseases; (2) identify opportunities to coordinate efforts with other federal agencies and private organizations addressing such diseases; (3) ensure interagency coordination and communication with constituency groups; (4) ensure that a broad spectrum of scientific viewpoints is represented in public health policy decisions and that information disseminated to the public and physicians is balanced; and (5) advise relevant federal agencies on priorities related to Lyme and tick-borne diseases. | To provide for the establishment of the Tick-Borne Diseases Advisory Committee. |